4–24–06 Monday Vol. 71 No. 78 Apr. 24, 2006

Book 1 of 4 Books Pages 20863–22266

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Contents Federal Register Vol. 71, No. 78

Monday, April 24, 2006

Agency for International Development Civil Rights Commission PROPOSED RULES PROPOSED RULES Semi-annual agenda, 23203–23207 Semi-annual agenda, 23213 NOTICES Agency information collection activities; proposals, Commerce Department submissions, and approvals, 20969–20970 See Census Bureau See Economic Development Administration Agricultural Marketing Service See Industry and Security Bureau PROPOSED RULES See International Trade Administration Walnuts grown in California, 20902–20909 See National Oceanic and Atmospheric Administration NOTICES PROPOSED RULES Committees; establishment, renewal, termination, etc.: Semi-annual agenda, 22375–22466 National Organic Standards Board, 20971–20972 NOTICES Meetings: Agency information collection activities; proposals, Fruit and Vegetable Industry Advisory Committee, 20972 submissions, and approvals, 20979–20981

Agricultural Research Service Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 20973 Semi-annual agenda, 23215–23218

Agriculture Department Commodity Futures Trading Commission See Agricultural Marketing Service PROPOSED RULES See Agricultural Research Service Semi-annual agenda, 23541–23545 See Federal Crop Insurance Corporation NOTICES See Food Safety and Inspection Service Foreign futures and options transactions: See Forest Service Foreign boards of trade receiving staff no-action relief to PROPOSED RULES provide direct access to automated trading systems Semi-annual agenda, 22277–22374 from U.S. locations; policy statement; NOTICES correction, 21003 Agency information collection activities; proposals, submissions, and approvals, 20970–20971 Comptroller of the Currency NOTICES Architectural and Transportation Barriers Compliance Agency information collection activities; proposals, Board submissions, and approvals, 21092–21093

PROPOSED RULES Consumer Product Safety Commission Semi-annual agenda, 23209–23211 PROPOSED RULES Semi-annual agenda, 23547–23556 Army Department Corporation for National and Community Service NOTICES PROPOSED RULES Environmental statements; record of decision: Semi-annual agenda, 23219–23222 Fort Indiantown Gap, PA; National Guard Training Center; brigade transformation, 21004 Court Services and Offender Supervision Agency for the District of Columbia Arts and Humanities, National Foundation PROPOSED RULES See National Foundation on the Arts and the Humanities Semi-annual agenda, 23223

Blind or Severely Disabled, Committee for Purchase From Customs and Border Protection Bureau People Who Are PROPOSED RULES See Committee for Purchase From People Who Are Blind Consolidated Omnibus Budget Reconciliation Act: or Severely Disabled Fees for certain services, 20922–20925 NOTICES Census Bureau Customhouse broker license cancellation, suspension, etc., NOTICES 21030–21031 Agency information collection activities; proposals, submissions, and approvals, 20981–20982 Defense Department See Army Department Children and Families Administration See Navy Department NOTICES PROPOSED RULES Agency information collection activities; proposals, Federal Acquisition Regulation (FAR): submissions, and approvals, 21027–21029 Semi-annual agenda, 23529–23540

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Semi-annual agenda, 22467–22511 Federal Aviation Administration RULES Economic Development Administration Class E airspace, 20871–20876 NOTICES Correction, 20872–20873 Adjustment assistance; applications, determinations, etc.: PROPOSED RULES Berliss Bearing Co., et al., 20983 Airworthiness directives: Mitsubishi Heavy Industries, 20915–20919 Education Department Pilatus Aircraft Ltd., 20919–20922 PROPOSED RULES NOTICES Semi-annual agenda, 22513–22518 Agency information collection activities; proposals, NOTICES submissions, and approvals, 21089–21090 Agency information collection activities; proposals, Reports and guidance documents; availability, etc.: submissions, and approvals, 21004–21005 Certification and continued airworthiness of unbalanced Employment and Training Administration surfaces with freeplay and other nonlinear features; interim guidelines, 21090 NOTICES Adjustment assistance; applications, determinations, etc.: Federal Communications Commission Classic Print Products, Inc., 21041–21042 PROPOSED RULES IBM Corp., 21042 Semi-annual agenda, 23567–23628 Lending Textile Company Inc., 21042 NOTICES Lexmark International, Inc., 21042 Agency information collection activities; proposals, McCormick International USA, Inc., 21042 submissions, and approvals, 21027 Newstech NY Inc., 21043 OBG Distribution Co., Ltd., 21043 Federal Crop Insurance Corporation Paris Accessories et al., 21043–21045 NOTICES Tawas Resources, 21045 Grants and cooperative agreements; availability, etc.: TRW Automotive, 21045–21046 Research and Development Risk Management Research Agency information collection activities; proposals, Partnerships, 20973–20978 submissions, and approvals, 21046 Federal Deposit Insurance Corporation Energy Department PROPOSED RULES See Federal Energy Regulatory Commission Semi-annual agenda, 23629–23636 PROPOSED RULES Semi-annual agenda, 22519–22536 Federal Energy Regulatory Commission Strategic Petroleum Reserve: acquisition of petroleum; PROPOSED RULES procedures, 20909–20915 Semi-annual agenda, 23637–23649 NOTICES Environmental Protection Agency Electric rate and corporate regulation combined filings, RULES 21007–21009 Air programs; state authority delegations: Hydroelectric applications, 21009–21013 Maine, 20895–20900 PROPOSED RULES Meetings: Air programs: state authority delegations: Gulf South Pipeline Company, LP; site visit, 21013 Maine, 20931–20932 Resource reports 11 and 13 guidance; technical Semi-annual agenda, 23225–23388 conference, 21013–21014 NOTICES Applications, hearings, determinations, etc.: Air programs: Detroit Edison Co., 21005 New Stationary Sources Performance Standards, Northwest Pipeline Corporation, 21005–21006 Hazardous Air Pollutants; and Stratospheric Ozone Texas Eastern Transmission, LP, 21006 Protection Program— Applicability Determination Index Database System; Federal Highway Administration postings, 21014–21026 PROPOSED RULES Meetings: Right-of-way and environment: Science Advisory Board, 21026–21027 Worker visibility, 20925–20930 Equal Employment Opportunity Commission Federal Housing Enterprise Oversight Office PROPOSED RULES PROPOSED RULES Semi-annual agenda, 23391–23394 Semi-annual agenda, 23431–23433 Executive Office of the President Federal Housing Finance Board See Management and Budget Office PROPOSED RULES See Presidential Documents Semi-annual agenda, 23651–23654 Farm Credit Administration Federal Maritime Commission PROPOSED RULES PROPOSED RULES Semi-annual agenda, 23557–23563 Semi-annual agenda, 23655–23657 Farm Credit System Insurance Corporation Federal Mediation and Conciliation Service PROPOSED RULES PROPOSED RULES Semi-annual agenda, 23565 Semi-annual agenda, 23395–23397

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Federal Reserve System PROPOSED RULES PROPOSED RULES Semi-annual agenda, 22733–22761 Semi-annual agenda, 23659–23666 NOTICES Agency information collection activities; proposals, Federal Trade Commission submissions, and approvals, 21031–21032 PROPOSED RULES Semi-annual agenda, 23667–23679 Indian Affairs Bureau NOTICES Fish and Wildlife Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 21033–21034 Endangered and threatened species: Environmental statements; notice of intent: Incidental take permits— Las Vegas Paiute Indian Tribe Reservation, Clark County, Escambia County, FL; Perdido Key beach mice, 21032– NV; residential and commercial development; 21033 construction, operation, and maintenance, 21034– 21036 Food and Drug Administration Grants and cooperative agreements; availability, etc.: NOTICES Federally-recognized Indian tribes for projects Human drugs: implementing traffic safety on Indian reservations, Patent extension; regulatory review period 21036–21038 determinations— FASLODEX; correction, 21029–21030 Indian Health Service Food Safety and Inspection Service NOTICES Agency information collection activities; proposals, RULES Meat and poultry inspection: submissions, and approvals, 21033–21034 Poultry product exportation to United States; eligible Industry and Security Bureau countries; addition— China, 20867–20871 RULES Export administration regulations: Forest Service Commerce Control List— NOTICES Calculating computer performance; new formula Committees; establishment, renewal, termination, etc.: implementation; adjusted peak performance in Santa Rosa and San Jacinto Mountains National weighted TeraFLOPS; Bulgaria; XP and MT Monument Advisory Committee, 21039–21040 controls, 20876–20894 Meetings: NOTICES National Tree-Marking Paint Committee, 20978–20979 Meetings: Resource Advisory Committees— Transportation and Related Equipment Technical Lassen County, 20979 Advisory Committee, 20983–20984 Tuolumne County, 20979 Interior Department General Services Administration See Fish and Wildlife Service RULES See Indian Affairs Bureau Federal Management Regulation: See Land Management Bureau Personal property; replacement pursuant to exchange/sale See National Indian Gaming Commission authority; revision, 20900 PROPOSED RULES PROPOSED RULES Semi-annual agenda, 22763–22846 Federal Acquisition Regulation (FAR): Semi-annual agenda, 23529–23540 International Trade Administration Semi-annual agenda, 23399–23410 NOTICES Export trade certificates of review, 20984 Government Ethics Office PROPOSED RULES International Trade Commission Semi-annual agenda, 23435–23442 NOTICES Import investigations: Health and Human Services Department Digital processors and digital processing systems, See Children and Families Administration components, and products containing same, 21040– See Food and Drug Administration 21041 See Indian Health Service Tin- and chromium-coated steel sheet from— See Substance Abuse and Mental Health Services Japan, 21041 Administration PROPOSED RULES Meetings; Sunshine Act, 21041 Semi-annual agenda, 22537–22621 Justice Department Homeland Security Department PROPOSED RULES See Customs and Border Protection Bureau Semi-annual agenda, 22847–22891 PROPOSED RULES Semi-annual agenda, 22623–22731 Labor Department See Employment and Training Administration Housing and Urban Development Department PROPOSED RULES See Federal Housing Enterprise Oversight Office Semi-annual agenda, 22895–22941

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Land Management Bureau Marine mammals: NOTICES Commercial fishing authorizations— Alaska Native claims selection: Fisheries categorized according to frequency of Doyon, Ltd., 21038 incidental takes; 2006 list, 20941–20965 MTNT, Ltd., 21038 Meetings: Coal leases, exploration licenses, etc.: Sea Turtle Conservation, 20941 Colorado, 21038–21039 NOTICES Committees; establishment, renewal, termination, etc.: Fishery conservation and management: Santa Rosa and San Jacinto Mountains National Atlantic coastal fisheries cooperative management— Monument Advisory Committee, 21039–21040 Atlantic striped bass, 20984–20986 Meetings: Marine mammals: Resource Advisory Committees— Incidental taking; authorization letters, etc.— Medford District, 21040 U.S. Navy; Hawaiian Islands Operating Area; Rim of the Pacific antisubmarine warfare training Legal Services Corporation exercises; small amount of several species, 20986– NOTICES 21003 Meetings; Sunshine Act, 21046–21048 Meetings: Pacific Fishery Management Council, 21003 Management and Budget Office PROPOSED RULES Navy Department Semi-annual agenda, 23443–23445 NOTICES Meetings: Maritime Administration Naval Research Advisory Committee, 21004 NOTICES Environmental statements; availability, etc.: Nuclear Regulatory Commission Port of Anchorage Intermodal Expansion, North End PROPOSED RULES Runway Material Extraction and Transport Project; Semi-annual agenda, 23697–23712 AK, 21090–21091 Office of Federal Housing Enterprise Oversight National Aeronautics and Space Administration See Federal Housing Enterprise Oversight Office PROPOSED RULES Federal Acquisition Regulation (FAR): Office of Management and Budget Semi-annual agenda, 23529–23540 See Management and Budget Office Semi-annual agenda, 23411–23416 Peace Corps National Archives and Records Administration PROPOSED RULES PROPOSED RULES Semi-annual agenda, 23471–23473 Semi-annual agenda, 23417–23422 Pension Benefit Guaranty Corporation National Credit Union Administration PROPOSED RULES PROPOSED RULES Semi-annual agenda, 23475–23479 Semi-annual agenda, 23681–23690 Personnel Management Office National Foundation on the Arts and the Humanities PROPOSED RULES PROPOSED RULES Semi-annual agenda, 23447–23469 Semi-annual agenda: NOTICES Institute of Museum and Library Services, 23423–23425 Agency information collection activities; proposals, National Endowment for the Arts, 23427 submissions, and approvals, 21048–21049 National Endowment for the Humanities, 23429 Postal Rate Commission National Highway Traffic Safety Administration PROPOSED RULES PROPOSED RULES Practice and procedure: Motor vehicle safety standards: Express Mail Second Day Service; classification change, Interior impact occupant protection, 20932–20940 20930–20931 National Indian Gaming Commission Presidential Documents PROPOSED RULES PROCLAMATIONS Semi-annual agenda, 23691–23695 Special observances: National Physical Fitness and Sports Month (Proc. 8003), National Oceanic and Atmospheric Administration 20863–20864 RULES National Volunteer Week (Proc. 8004), 20865–20866 Fishery conservation and management: Northeastern United States fisheries— Presidio Trust Atlantic mackerel, squid, and butterfish, 20900–20901 PROPOSED RULES PROPOSED RULES Semi-annual agenda, 23481–23483 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Railroad Retirement Board Bering Sea and Aleutian Islands king and tanner crab, PROPOSED RULES 20966–20968 Semi-annual agenda, 23485–23488

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Regulatory Information Service Center Substance Abuse and Mental Health Services PROPOSED RULES Administration Introduction to Unified Agenda of Federal Regulatory and Deregulatory Actions, 22271–22275 NOTICES Agency information collection activities; proposals, submissions, and approvals, 21030 Securities and Exchange Commission PROPOSED RULES Surface Transportation Board Semi-annual agenda, 23713–23732 PROPOSED RULES NOTICES Semi-annual agenda, 23733–23735 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 21053–21058 Transportation Department Chicago Board Options Exchange, Inc., 21058–21060 See Federal Aviation Administration Chicago Stock Exchange, Inc., 21060 See Federal Highway Administration Fixed Income Clearing Corp. and National Securities See Maritime Administration Clearing Corp., 21060–21062 See National Highway Traffic Safety Administration National Association of Securities Dealers, Inc., 21062– See Surface Transportation Board 21063 PROPOSED RULES National Stock Exchange, 21063–21064 Semi-annual agenda, 22953–23048 New York Stock Exchange, Inc., 21064–21087 Philadelphia Stock Exchange, Inc., 21087–21088 Treasury Department Applications, hearings, determinations, etc.: See Comptroller of the Currency Bridgeway Funds, Inc., et al., 21049–21053 PROPOSED RULES Consolidated Omnibus Budget Reconciliation Act: Selective Service System Fees for certain services, 20922–20925 PROPOSED RULES Semi-annual agenda, 23049–23177 Semi-annual agenda, 23489 NOTICES Agency information collection activities; proposals, submissions, and approvals, 21091–21092 Small Business Administration PROPOSED RULES Veterans Affairs Department Semi-annual agenda, 23491–23505 PROPOSED RULES Semi-annual agenda, 23179–23201 Social Security Administration PROPOSED RULES Semi-annual agenda, 23507–23528 Separate Parts In This Issue NOTICES Agency information collection activities; proposals, Parts II-LXI submissions, and approvals, 21088–21089 The Unified Agenda of the Federal Regulatory and Deregulatory Actions, 22267–23854 State Department PROPOSED RULES Semi-annual agenda, 22943–22951 Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Foreign Operations, Export Financing, and Related phone numbers, online resources, finding aids, reminders, Programs Appropriations Act: and notice of recently enacted public laws. International Red Cross and Red Crescent Movement; To subscribe to the Federal Register Table of Contents Israeli Magen David Adom Society participation; LISTSERV electronic mailing list, go to http:// determination, 21089 listserv.access.gpo.gov and select Online mailing list Meetings: archives, FEDREGTOC-L, Join or leave the list (or change International Law Advisory Committee, 21089 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8003...... 20863 8004...... 20865 7 CFR Proposed Rules: 984...... 20902 9 CFR 381...... 20867 10 CFR Proposed Rules: 626...... 20909 14 CFR 71 (6 documents) ...... 20871, 20872, 20873, 20874, 20875, 20876 Proposed Rules: 39 (2 documents) ...... 20915, 20919 15 CFR 730...... 20876 732...... 20876 734...... 20876 738...... 20876 740...... 20876 742...... 20876 743...... 20876 746...... 20876 748...... 20876 750...... 20876 752...... 20876 762...... 20876 770...... 20876 772...... 20876 774...... 20876 19 CFR Proposed Rules: 24...... 20922 111...... 20922 23 CFR Proposed Rules: 634...... 20925 39 CFR Proposed Rules: 3001...... 20930 40 CFR 63...... 20895 Proposed Rules: 63...... 20931 41 CFR 102-39...... 20900 49 CFR Proposed Rules: 571...... 20932 50 CFR 648...... 20900 Proposed Rules: 223...... 20941 229...... 20941 680...... 20966

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Federal Register Presidential Documents Vol. 71, No. 78

Monday, April 24, 2006

Title 3— Proclamation 8003 of April 19, 2006

The President National Physical Fitness and Sports Month, 2006

By the President of the United States of America

A Proclamation

For 50 years, the President’s Council on Physical Fitness and Sports has helped individuals, schools, communities, businesses, and organizations pro- mote healthy lifestyles. During this year’s National Physical Fitness and Sports Month, we celebrate the Council’s 50th anniversary and underscore our Nation’s strong commitment to health, physical activity, and fitness. President Dwight D. Eisenhower founded the President’s Council on Youth Fitness in 1956 to encourage America’s youth to make fitness a priority. He wrote that year, ‘‘Our young people must be physically as well as mentally and spiritually prepared for American citizenship.’’ The Council later became the President’s Council on Physical Fitness and Sports, includ- ing people of all ages and abilities and promoting fitness through sports and games. Today, the Council continues to play an important role in promoting fitness and healthy living in America. My HealthierUS Initiative provides simple steps to help citizens live longer and better lives, and millions of young people and adults have participated in the President’s Challenge awards program. The Council’s website, fitness.gov, has information about these programs and other ways Americans can improve their health through phys- ical activity. By exercising regularly and maintaining healthy eating habits, individuals can feel better and reduce their risk of chronic health conditions like obesity, diabetes, heart disease, and cancer. An active lifestyle also creates opportunities for friends and family to spend time together and enjoy various forms of exercise, such as biking, hiking, and team sports. The medical benefits, increased self-confidence, and stress reduction that can come from athletic activity help contribute to a healthier, more produc- tive Nation. I urge children, teens, and all Americans to make time every day for exercise and to encourage family, friends, and neighbors to live healthier lives by participating in physical fitness activities. As President Kennedy said at the 1961 Youth Fitness Conference, ‘‘We do not want in the United States a nation of spectators. We want a nation of participants in the vigorous life.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim May 2006 as National Physical Fitness and Sports Month. I call upon the people of the United States to make daily exercise a priority. I encourage individuals, community organizations, and schools to celebrate with physical and athletic activities and to work toward the great national goal of an active, fit America.

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IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of April, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirtieth. W

[FR Doc. 06–3914 Filed 4–21–06; 8:49 am] Billing code 3195–01–P

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Federal Register Presidential Documents Vol. 71, No. 78

Monday, April 24, 2006

Proclamation 8004 of April 19, 2006

National Volunteer Week, 2006

By the President of the United States of America

A Proclamation

Throughout our country, volunteers make America stronger and better by reaching out to help their neighbors in need. During National Volunteer Week, we recognize the millions of individuals who dedicate their time, talents, and energy to making a difference in the lives of others and reaffirm our commitment to supporting these soldiers in the armies of compassion. In the 1830s, a Frenchman named Alexis de Tocqueville visited our Nation and saw that the secret to America’s success was our talent for bringing people together for the common good and our willingness to serve a cause greater than self. Today, the great strength of America is still found in the hearts and souls of our people. By making a commitment to service, integrity, and good citizenship, our Nation’s volunteers show their gratitude for the blessings of freedom and help build a more hopeful future for our children and grandchildren. Since we created USA Freedom Corps in 2002, my Administration has matched millions of willing volunteers with opportunities to serve in their communities. These kind-hearted individuals help people who hurt, mentor children who need love, feed those who are hungry, and shelter those who need homes. In the aftermath of the devastating hurricanes of 2005, people throughout our great Nation opened their hearts to help the Gulf Coast recover and rebuild. We will continue to foster the efforts of the millions who care deeply about the future of our country and the plight of their fellow citizens. Americans can find more information about volunteer service opportunities in their own hometowns by visiting the USA Freedom Corps website at volunteer.gov. Our Nation is a force for freedom and prosperity, and our greatness is measured by our character and how we treat one another. During National Volunteer Week, and throughout the year, we appreciate the millions of volunteers across America and strive to be a more compassionate and decent society. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 23 through April 29, 2006, as National Volunteer Week. I call upon all Americans to recognize and celebrate the important work that volunteers do every day throughout our country. I also encourage citizens to explore ways to help their neighbors in need and serve a cause greater than themselves.

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IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of April, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirtieth. W

[FR Doc. 06–3915 Filed 4–21–06; 8:49 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 71, No. 78

Monday, April 24, 2006

This section of the FEDERAL REGISTER Republic of China to the United States consistent with U.S. obligations under contains regulatory documents having general will be subject to reinspection at the the WTO and will support U.S. trade applicability and legal effect, most of which U.S. ports of entry by FSIS inspectors as initiatives and USDA’s policy with are keyed to and codified in the Code of required by law. respect to agricultural trade with the Federal Regulations, which is published under People’s Republic of China. Under the 50 titles pursuant to 44 U.S.C. 1510. DATES: Effective Date: May 24, 2006. FOR FURTHER INFORMATION CONTACT: Ms. World Trade Organization Agreement The Code of Federal Regulations is sold by Sally White, Director, International on the Application of Sanitary and the Superintendent of Documents. Prices of Equivalence Staff, Office of Phyto-Sanitary Measures, FSIS makes new books are listed in the first FEDERAL International Affairs; (202) 720–6400. equivalence determinations of the REGISTER issue of each week. SUPPLEMENTARY INFORMATION: inspection systems of foreign countries that have requested to import meat, Background poultry, or egg products into the United DEPARTMENT OF AGRICULTURE On November 23, 2005, FSIS States. proposed to amend the Federal poultry As a country eligible to export Food Safety and Inspection Service products inspection regulations to add processed poultry products to the the People’s Republic of China to the United States, the government of the 9 CFR Part 381 list of countries eligible to export People’s Republic of China will certify [Docket No. 05–012F; FDMS No. FSIS–2005– processed poultry products to the to FSIS those establishments wishing to 0034] United States (70 FR 70746). As export such products to the U.S. and discussed in that proposed rulemaking, operating according to U.S. RIN 0583–AD20 in response to a request from the requirements. FSIS will retain the right Addition of the People’s Republic of People’s Republic of China for approval to verify that establishments certified by China to the List of Countries Eligible to export processed poultry products to the government of the People’s Republic To Export Processed Poultry Products the United States, FSIS conducted a of China government are meeting the to the United States review of the People’s Republic of U.S. requirements. This will be done China’s poultry processing inspection through on-site reviews of the AGENCY: Food Safety and Inspection system to determine if it was equivalent establishments while they are in Service, USDA. to the U.S. poultry inspection system. operation. ACTION: Final rule. Although the People’s Republic of Products from a country eligible to China requested approval to export export poultry products must also SUMMARY: The Food Safety and processed poultry products, it will comply with all other U.S. Inspection Service (FSIS) is adding the initially only export fully cooked, shelf- requirements, including those of the People’s Republic of China to the list of stable product (see 70 FR at 70747). U.S. Customs and Border Protection and countries eligible to export processed FSIS evaluated the People’s Republic of the restrictions under Title 9, part 94 of poultry products to the United States. China’s poultry inspection laws and the (APHIS) regulations that relate to the Reviews of the People’s Republic of regulations and compared them with importation of poultry and poultry China’s laws, regulations, and other U.S. requirements. FSIS concluded that products from foreign countries into the materials show that its poultry the requirements contained in the United States. APHIS has classified processing system includes People’s Republic of China’s poultry China as a region where the highly requirements equivalent to the inspection laws and regulations are pathogenic avian influenza (HPAI) provisions of the Poultry Products equivalent to those mandated by the subtype H5N1 is considered to exist (9 Inspection Act (PPIA) and its PPIA and implementing regulations. CFR 94.6(d)). Those products that implementing regulations. FSIS also conducted an on-site review APHIS has restricted from entering the Processed poultry products from the of the People’s Republic of China’s United States because of animal disease People’s Republic of China may be poultry processing inspection system in conditions in the country of origin will imported into the United States only if operation. The FSIS review team be refused entry before reaching an FSIS they are processed in certified concluded that the People’s Republic of import inspection facility. FSIS and establishments in the People’s Republic China’s implementation of poultry APHIS work closely to ensure that of China from poultry slaughtered in processing standards and procedures is poultry and poultry products imported certified slaughter establishments in equivalent to that of the United States. into the United States comply with the other countries eligible to export poultry The full report on the audit of the regulatory requirements of both to the United States. China is not People’s Republic of China poultry agencies. APHIS and FSIS communicate currently eligible to export poultry inspection system can be found on the regularly to ensure that the products products to the United States that FSIS Web site at http:// APHIS has restricted from entering the include birds that were slaughtered in www.fsis.usda.gov/regulations/ United States because of animal disease China’s domestic establishments. All foreign_audit_reports/index.asp. concerns are not imported into the poultry products exported from China Listing the People’s Republic of China United States. must comply with all other U.S. as eligible to export poultry products to requirements, including the restrictions the United States would expand Response to Comments under the Animal and Plant Health international markets and enhance the FSIS received 34 comments in Inspection Service (APHIS). All poultry free flow of trade with the People’s response to the proposed rule. products exported from the People’s Republic of China. This rule is Commenters included individual U.S.

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citizens, the U.S. poultry industry, the human health risks these items may systems for equivalency and continuing South Dakota Department of pose (42 CFR 71.32(b), emergency order eligibility. The process inherently has Agriculture, and the South Dakota dated February 4, 2004). Even if a the ability to adjust verification scope Animal Industry Board. FSIS also foreign country is listed in FSIS and frequency based on findings. received a comment from the China regulations as eligible to export poultry Equivalency requirements for the Chamber of Commerce for Import/ products, those poultry products must sanitary handling of product must be Export of Food Stuffs, Native Produce also comply with all other applicable maintained to ensure that product is and Animal By-Products, and comments U.S. requirements. Before a shipment of protected during processing, handling, from individuals from the People’s processed poultry or poultry products storage, loading and unloading, at and Republic of China and from the Chinese may be presented for reinspection at the during transportation from official food industry. port of entry by FSIS, it must have first establishments. In addition, the Department of met the requirements for both U.S. Under the regulations, only those Agriculture received 5 letters from Customs and Border Protection and establishments that an official of the members of Congress opposed to the APHIS. Therefore, because APHIS has People’s Republic of China’s poultry rule. The Department also received 6 classified China as a region where the inspection system certifies as fully letters from members of Congress that highly pathogenic avian influenza complying with requirements forwarded letters from their constituents (HPAI) subtype H5N1 is considered to equivalent to the provisions of the PPIA concerning the proposal. exist (9 CFR 94.6(d)), APHIS has and the regulations issued thereunder The China Chamber of Commerce for restricted the importation of fresh, will be eligible to have their products Import/Export of Food Stuffs, Native frozen, and chilled poultry, and poultry imported to the United States. The Produce and Animal By-Products and products to protect animal health in the People’s Republic of China will be other comments from individuals and United States. China’s slaughter required to renew these certifications food industry representatives from the establishments have not at this time annually (§ 381.196(a)(3)). China has People’s Republic of China supported been determined equivalent for the agreed that it will require, and have the proposed rule. All other commenters slaughtering of poultry intended to be procedures in place to ensure, that there opposed adding the People’s Republic processed in China as shelf-stable, fully is separation by time or space of product of China to the list of countries eligible cooked poultry. destined for export to the United States to export processed poultry products to Comment: Commenters opposed to separate from product intended for the United States. the rule questioned how FSIS will distribution domestically. Appropriate Comment: Most commenters opposed ensure that poultry products processed records will be available for audit by to the rule stated that China should not in China for export to the United States U.S. officials. be added to the list of countries eligible will contain no poultry that was raised During FSIS’ audits of certified to export processed poultry and poultry or slaughtered in China. Similarly, establishments in the People’s Republic products to the United States because of several commenters questioned whether outbreaks of the infectious H5N1 strain FSIS can be certain that poultry plants of China, FSIS will review records, of avian influenza in the country’s in China are consistently cooking their including supplier sheets and import poultry. products sufficiently to kill the avian and export records, to determine the Response: USDA has determined that influenza virus, that no improperly origin of incoming poultry product this rule will not adversely affect human cooked poultry products will be received for further processing and the health. FSIS is relying on a systematic shipped to the U.S., and that adequate final destination of the product. equivalence determination of the safety measures are in place to Through these audits, FSIS will verify poultry processing system in China to guarantee that poultry sent to China for that any poultry product received for ensure the processing procedures in processing would be safe for further processing in a certified place in China are adequate to destroy consumption in the U.S. A commenter establishment and ultimately exported the avian influenza virus in the stated that annual inspections will do to the U.S. was derived from poultry preparation of shelf-stable, fully cooked very little to make certain that Chinese slaughtered in certified slaughter poultry products. plants meet U.S. requirements for establishments in other countries Additionally, USDA has determined exporting their product to the U.S. One eligible to export poultry to the United this rule will not adversely affect animal commenter was concerned that shipping States. health. APHIS is the USDA Agency containers could contain microbes that The regulations also require that a primarily responsible for preventing the should not be transferred into the U.S. foreign inspection system, such as that introduction and dissemination of Response: Under FSIS’ regulations, in the People’s Republic of China, foreign animal diseases into the United maintenance of eligibility of a country maintains a program to assure that the States. Under Title 9, part 94 of its for importation of poultry products into requirements equivalent to those in the regulations (9 CFR 94), APHIS sets the United States depends on the results U.S. are met. To assure that these restrictions on the importation of certain of FSIS’ periodic reviews (audits) of the requirements are being met, the fresh, frozen, and chilled poultry, foreign poultry inspection system in regulations require that a representative poultry products, and edible products operation, and the timely submission of of the foreign inspection system from countries in which certain animal such documents and other information periodically visit each establishment diseases exist. APHIS has classified related to the conduct of the foreign certified as complying with China as a region where the highly inspection system as FSIS may find requirements equivalent to those of the pathogenic avian influenza (HPAI) pertinent to and necessary for the PPIA and implementing regulations. subtype H5N1 is considered to exist (9 determinations concerning a foreign The regulations also require that this CFR 94.6(d)). In addition, the United country’s eligibility (§ 381.196(a)(2)(iii)). representative prepare written reports States Department of Health and Human These are standard procedures that FSIS documenting findings concerning Service, Centers for Disease Control and carries out for all countries for requirements equivalent to those of the Prevention, restricts the entry of birds continuing evaluation of equivalence. poultry inspection system in the United and unprocessed bird products from These are similar to the procedures used States (§ 381.196(a)(2)(iv)). FSIS will China because of concerns over the by other countries in evaluating foreign evaluate these reports during audits.

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Furthermore, each consignment foreign_audit_reports/index.asp. This public perception of poultry imports containing any slaughtered poultry or report highlights that the predominance from China and other Asian countries other poultry product consigned to the of deficiencies were in slaughter has been extremely negative and that United States from a foreign country, facilities. However, this rule addresses the rule could undermine U.S. such as the People’s Republic of China, the segment of the industry that is consumers’ confidence in poultry must be accompanied with a foreign responsible for further processing of products. Several commenters stated inspection certificate that certifies that poultry. The few deficiencies that were that the proposal could negatively affect the products are sound, healthful, identified in further processing were the U.S. poultry industry, particularly wholesome, clean and otherwise fit for corrected by China and detailed the smaller sectors of the U.S. poultry human food; are not adulterated and corrective action plans were submitted industry, such as duck, goose, and have not been treated with and do not by the Chinese government to FSIS. squab. According to these commenters, contain any dye, chemical, preservative, Regarding the violations that were low grade Chinese products are or ingredient not permitted by FSIS’ found in the slaughter plants, the produced at a fraction of the price of regulations; that the poultry products Chinese government continues to work U.S. products because of lower wages have been handled only in a sanitary with FSIS. Therefore, no equivalency and benefits. Some commenters stated manner in the foreign country; and are determination has been made at this that FSIS underestimated the volume of otherwise in compliance with time for the slaughter segment of the product that would be imported into the requirements at least equal to those in system. The final report does indicate U.S. from the People’s Republic of the PPIA and FSIS’ regulations that the People’s Republic of China’s China. (§ 381.197). Thus, a representative of the implementation of poultry processing One commenter that supported the Chinese government must certify that standards and procedures for fully rule stated that the benefits outlined in the product is not adulterated and has cooked, shelf stable processed poultry the proposal have been severely undergone adequate cooking and products are equivalent to those of the understated. This commenter opined processing. United States. The OIG findings that the rule would bring about greater In addition to relying on its initial concerning Canada’s meat and poultry competition and efficiency within the determination of a country’s eligibility inspection system are not related to industry and lower prices for and performing ongoing reviews to FSIS’ audits of the People’s Republic of consumers. ensure that products shipped to the U.S. China. Response: Import quotas cannot be are safe, wholesome and properly During audits of the People’s Republic established to limit the potential labeled and packaged, all poultry of China’s inspection system, FSIS will economic impacts speculated upon by products exported to the United States conduct at least annual random audits certain of the commenters. Economic from the People’s Republic of China will of the establishments certified by the and market realities, however, make it be subject to reinspection at the ports of People’s Republic of China as very unlikely that substantially larger entry for transportation damage, complying with requirements amounts of processed poultry product labeling, proper certification, general equivalent to those in the PPIA and than those estimated in the preliminary condition, and accurate count. Other implementing regulations. While every analysis would be available for the types of inspection will also be establishment may not be visited People’s Republic of China to export to conducted, including examining the annually, FSIS will conduct audits of the U.S. The People’s Republic of product for defects and performing one or more establishments annually or China’s internal market is experiencing laboratory analyses that will detect when deemed necessary. FSIS a major growth in demand for poultry chemical residues on the product or determines which establishments to that is unlikely to abate for some time. determine whether the product is visit based on performance history from The main prospective growth area for microbiologically contaminated. re-inspection at import, audit history, the People’s Republic of China’s Products that pass reinspection will information from other Federal agricultural exports is East Asia rather be stamped with the official mark of agencies, and number of certified than North America. Energy costs, inspection and allowed to enter U.S. establishments. predicted to rise steadily in the commerce. If they do not meet U.S. Comment: Several commenters foreseeable future, would also limit the requirements, they will be ‘‘Refused expressed concerns regarding reports of economic capability of the People’s Entry’’ and must be re-exported, illegal smuggling of poultry products Republic of China to export significant destroyed or converted to animal food. from China and other areas affected by amounts of processed poultry product to Comment: One commenter questioned avian flu. the U.S. However, in response to whether FSIS will visit each Chinese Response: This rule is not expected to comments that stated that the plant annually. This same commenter have any impact on illegal entry of preliminary analysis underestimated the stated that the USDA’s Office of products. The U.S. Customs and Border volume of product that would be Inspector General (OIG) found that Protection, rather than FSIS, addresses imported from the People’s Republic of problems identified by FSIS in Canada’s smuggling. U.S. Customs and Border China, FSIS estimated a range for the meat and poultry inspection system Protection works closely with FSIS on volume of fully cooked, shelf-stable went uncorrected for two years or more. identifying illegal entry products and poultry product that would be imported Another commenter stated that an other ineligible products. Additionally, into the U.S. from the People’s Republic initial FSIS equivalence audit of the U.S. Customs and Border Protection of China. In the final analysis, FSIS People’s Republic of China revealed serves as a first line of defense for all estimates that the volume of imported numerous serious deficiencies involving products entering the country. Products poultry product from China would sanitation, cross contamination, and are first presented to U.S. Customs and range from 2,500,000 pounds (1,134 complete failure to understand FSIS’ Border Protection and if products are metric tons) to 6,250,000 pounds (2,835 requirements. found to contain amenable product, metric tons) per year, for the next four Response: The final report regarding FSIS is notified as appropriate. years. Then, the growth would likely FSIS’ audit of the People’s Republic of Comment: Numerous commenters level off. The annual volume of China is found at http:// objected to the rule for economic imported poultry product from China www.fsis.usda.gov/regulations/ reasons. Commenters stated that the would range from approximately 0.007

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percent to 0.018 percent of the total U.S. should practice humane handling not be required to purchase poultry poultry products production in the U.S. of poultry. products produced and processed in the Although U.S. firms that produce Response: These comments were People’s Republic of China, although products such as duck and geese beyond the scope of this regulation. they may choose to do so. Expected products may compete with the People’s They are not being addressed in the benefits from this type of rule will Republic of China’s imports and could regulation, but the Agency appreciates theoretically accrue to consumers in the conceivably face short-run difficulty, the comments. form of lower prices. The volume of such firms will likely adjust their Executive Order 12866 and Regulatory trade stimulated by this rule, however, product mix and be able to compete Flexibility Act will likely be so small as to have little effectively. effect on supply and prices. Consumers, FSIS does not believe that this rule This rule was reviewed by the Office apart from any change in prices, will will adversely affect the U.S. poultry of Management and Budget under also benefit from increased choices in industry, because the volume of trade Executive Order 12866 and was the marketplace. that results from this rule will likely be determined to be significant. There are 10 to 25 establishments The costs of this rule will small and have little effect on supply theoretically accrue to producers in the and prices or on U.S. consumers’ (based on recent information from the U.S. Embassy in Beijing, China) in the form of greater competition from the confidence in poultry products. In People’s Republic of China. Again, it addition, consumers will not be People’s Republic of China that may be exporting product to the U.S. when this must be noted that the volume of trade required to purchase poultry products stimulated by this rule will likely be produced and processed in the People’s rule is effective. The establishments will export shelf-stable, fully cooked poultry small and have little effect on supply Republic of China. and prices. Nonetheless, it is possible FSIS does not believe that it products. U.S. imports from these that U.S. firms that produce products, underestimated the benefits in the establishments are expected to total such as duck and geese products, that preliminary analysis. The preliminary 2,500,000 pounds (1,134 metric tons) to will compete with the People’s Republic and final analyses recognize that the any 6,250,000 pounds (2,835 metric tons) of China imports could face increased significant effects of the rule will come per year, for the next four years. Then, competition. However, in the long run, through efficiency gains. the growth would likely level off. In such firms will likely adjust their Comment: One commenter stated that 2005, the U.S. produced about product mix and be able to compete the proposed rule was not disclosed to 35,365,000,000 pounds (16,041,459 effectively. the public. Another commenter stated metric tons) of poultry products. Thus, that the proposal was not given the the annual volume of imported poultry Any significant benefits of this rule public exposure that it warranted. product from China would range from will likely come through efficiency Response: The proposed rule was 0.007 percent (1,134.0 metric tons/ gains and potentially greater choice of published in the Federal Register. In 16,041,459 metric tons) to 0.018 percent products for consumers. FSIS reviewed addition, FSIS made the proposed rule (2,835 metric tons/16,041,459 metric the costs and benefits of the rule and available on its Web site. FSIS also tons) of the poultry products production determined that benefits will outweigh made copies of the proposal available in the U.S. costs. The rule will not affect the safety through the FSIS Constituent Update, U.S. firms export large amounts of of poultry products consumed in the which is used to provide information poultry and poultry products to the U.S. Products will only be imported regarding FSIS policies, procedures, and People’s Republic of China. Table A from the People’s Republic of China if regulations that could affect or would be reflects U.S. exports of poultry and the People’s Republic of China of interest to FSIS’’ constituents and poultry products to the People’s establishments can produce the stakeholders. Republic of China for the years 1998– products more efficiently than their U.S. Comment: One commenter was 2003. counterparts. Then, U.S. firms will have opposed to allowing any foreign country This final rule will facilitate trade the incentive to specialize in the to process food products for the U.S., between the U.S. and the People’s production of products in which they several commenters recommended Republic of China in poultry products are relatively more efficient. In the long requiring country of origin labeling, and in a manner consistent with U.S. run, this improved efficiency will make one comment stated that Chinese obligations under the WTO, which will U.S. producers more competitive both companies that do business with the result in benefits. U.S. consumers will domestically and internationally.

TABLE A.—U.S. EXPORTS OF POULTRY PRODUCTS TO THE PEOPLE’S REPUBLIC OF CHINA, 1998–2003 [Data shown in metric tons]

Product 1998 1999 2000 2001 2002 2003

Poultry Meats...... 41493.0 61948.9 64787.2 62413.8 86871.4 136494.9 Chickens, Fresh/Frozen...... 39007.7 58762.5 61181.2 48786.6 70670.3 129617.8 Poultry, Misc...... 18391.9 15603.1 16204.1 19110.2 13962.8 47911.3 Poultry Meats, Prep ...... 46.6 1518.1 1860.9 8562.6 8831.4 3796.6 Turkeys, Fresh/Frozen...... 2437.5 1624.7 1624.0 4764.1 6986.2 2236.6 Other Poultry Fresh/Frozen ...... 1.2 43.6 121.2 300.4 383.5 843.9

The data in Table A have been Effect on Small Entities substantial number of small entities, as compiled from tariff and trade data from defined by the Regulatory Flexibility the U.S. Department of Commerce and The Administrator, FSIS, has Act (5 U.S.C. 601). This rule would add the U.S. International Trade determined that this final rule will not the People’s Republic of China to the Commission. have a significant impact on a list of countries eligible to export

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poultry products into the United States. offered as a public service to increase Done at Washington, DC, on: April 20, Once the People’s Republic of China participation in the Federal 2006. begins to export poultry products into Government’s regulatory activities. FSIS Barbara J. Masters, the United States, the volume of shelf- participates in Regulations.gov and will Administrator. stable, fully cooked poultry products accept comments on documents [FR Doc. 06–3889 Filed 4–20–06; 10:16 am] available in the U.S. market will likely published on the site. The site allows BILLING CODE 3410–DM–P increase by approximately 2,500,000 visitors to search by keyword or pounds (1,134.0 metric tons) to Department or Agency for rulemakings 6,250,000 pounds (2,835 metric tons) that allow for public comment. Each DEPARTMENT OF TRANSPORTATION per year. However, this small volume of entry provides a quick link to a trade is unlikely to impact the supply comment form so that visitors can type Federal Aviation Administration and prices of these products. Therefore, in their comments and submit them to this rule should have no significant FSIS. The Web site is located at 14 CFR Part 71 impact on small entities that produce http://www.regulations.gov. these types of products domestically. FSIS also will make copies of this [Docket No. FAA–2006–23713; Airspace Federal Register publication available Docket No. 06–AAL–06] Paperwork Requirements through the FSIS Constituent Update, Revision of Class E Airspace; Togiak No new paperwork requirements are which is used to provide information Village, AK associated with this final rule. Foreign regarding FSIS policies, procedures, countries wanting to export poultry regulations, Federal Register notices, AGENCY: Federal Aviation products to the United States are FSIS public meetings, recalls, and other Administration (FAA), DOT. required to provide information to FSIS types of information that could affect or ACTION: Final Rule. certifying that its inspection system would be of interest to our constituents provides standards equivalent to those and stakeholders. The update is SUMMARY: This action revises Class E of the United States and that the legal communicated via Listserv, a free e-mail airspace at Togiak Village, AK to authority for the system and its subscription service consisting of provide adequate controlled airspace to implementing regulations are equivalent industry, trade, and farm groups, contain aircraft executing two new and to those of the United States before they consumer interest groups, allied health two amended Standard Instrument may start exporting such product to the professionals, scientific professionals, Approach Procedures (SIAPs). This rule United States. FSIS collects this and other individuals who have results in revised Class E airspace information one time only. FSIS gave requested to be included. The update established upward from 700 feet (ft.) the People’s Republic of China also is available on the FSIS Web page. above the surface at Togiak Village, AK. questionnaires asking for detailed Through Listserv and the Web page, EFFECTIVE DATE: 0901 UTC, August 3, information about the country’s FSIS is able to provide information to a 2006. inspection practices and procedures to broader and more diverse audience. FOR FURTHER INFORMATION CONTACT: Gary assist the country in organizing its In addition, FSIS offers an e-mail Rolf, AAL–538G, Federal Aviation materials. This information collection subscription service that provides Administration, 222 West 7th Avenue, was approved under OMB number automatic and customized access to Box 14, Anchorage, AK 99513–7587; 0583–0094. The rule contains no other selected food safety news and telephone number (907) 271–5898; fax: paperwork requirements. information. This service is available at (907) 271–2850; e-mail: http://www.fsis.usda.gov/ Executive Order 12988 _ _ _ [email protected]. Internet address: news and events/email subscription/. http://www.alaska.faa.gov/at. This rule has been reviewed under Options range from recalls to export Executive Order 12988, Civil Justice information to regulations, directives SUPPLEMENTARY INFORMATION: Reform. When this final rule is adopted: and notices. Customers can add or History (1) All state and local laws and delete subscriptions themselves and On Wednesday, February 15, 2006, regulations that are inconsistent with have the option to password protect the FAA proposed to amend part 71 of this rule will be preempted; (2) no their accounts. retroactive effect will be given to this the Federal Aviation Regulations (14 rule; and (3) administrative proceedings List of Subjects 9 CFR Part 381 CFR part 71) to revise Class E airspace will not be required before parties may Imports, Intergovernmental relations, upward from 700 ft. above the surface file suit in court challenging this rule. Poultry and poultry products. at Togiak, AK (71 FR 7888). The action was proposed in order to create Class E I Additional Public Notification For the reasons set out in the airspace sufficient in size to contain Public awareness of all segments of preamble, FSIS is amending 9 CFR part aircraft while executing two new and rulemaking and policy development is 381 as follows: two amended SIAPs for the Togiak important. Consequently, in an effort to PART 381—IMPORTED POULTRY Airport. For clarification, the airspace ensure that this final rule comes to the PRODUCTS action title uses the term ‘‘Togiak attention of the public—including Village’’ after the town’s name, and the minorities, women, and persons with I 1. The authority citation for part 381 airport name is ‘‘Togiak Airport’’. The disabilities—FSIS will announce it on- continues to read as follows: amended approaches are (1) Non line through the FSIS Web page located Authority: 7 U.S.C. 138f, 450; 21 U.S.C. Directional Beacon (NDB)/Distance at http://www.fsis.usda.gov/ 451–470; 7 CFR 2.18, 2.53. Measuring Equipment (DME)–A, regulations_&_policies/ Amendment (Amdt) 1 and (2) NDB–B, 2006_Interim_&_Final_Rules_Index/ § 381.196 [Amended] Amdt 1. The new approaches are (1) index.asp. I 2. Section 381.196 is amended by Area Navigation (Global Positioning The Regulations.gov Web site is the adding ‘‘People’s Republic of China2’’ in System) (RNAV (GPS)) RWY 03, central online rulemaking portal of the alphabetical order to the list of countries Original; and (2) RNAV (GPS) RWY 21, United States government. It is being in paragraph (b). Original. Class E controlled airspace

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extending upward from 700 ft. above the 40103, Sovereignty and use of airspace. Issued in Anchorage, AK, on April 14, surface in the Togiak Airport area is Under that section, the FAA is charged 2006. revised by this action. Interested parties with prescribing regulations to ensure Anthony M. Wylie, were invited to participate in this the safe and efficient use of the Manager, Safety, Area Flight Service rulemaking proceeding by submitting navigable airspace. This regulation is Operations. written comments on the proposal to the within the scope of that authority [FR Doc. 06–3860 Filed 4–21–06; 8:45 am] FAA. No public comments have been because it creates Class E airspace BILLING CODE 4910–13–P received; thus the rule is adopted as sufficient in size to contain aircraft proposed. executing instrument procedures for the The area will be depicted on DEPARTMENT OF TRANSPORTATION Togiak Airport and represents the FAA’s aeronautical charts for pilot reference. The coordinates for this airspace docket continuing effort to safely and Federal Aviation Administration are based on North American Datum 83. efficiently use the navigable airspace. The Class E airspace areas designated as List of Subjects in 14 CFR Part 71 14 CFR Part 71 700/1,200 ft. transition areas are [Docket No. FAA–2005–23276; Airspace published in paragraph 6005 of FAA Airspace, Incorporation by reference, Docket No. 05–AAL–41] Order 7400.9N, Airspace Designations Navigation (air). and Reporting Points, dated September Establishment of Class E Airspace; Adoption of the Amendment 1, 2005, and effective September 15, Minchumina, AK 2005, which is incorporated by I In consideration of the foregoing, the reference in 14 CFR 71.1. The Class E AGENCY: Federal Aviation airspace designation listed in this Federal Aviation Administration Administration (FAA), DOT. document will be published amends 14 CFR part 71 as follows: ACTION: Final Rule; correction. subsequently in the Order. PART 71—DESIGNATION OF CLASS A, SUMMARY: This action corrects an error The Rule CLASS B, CLASS C, CLASS D, AND in the airspace description contained in This amendment to 14 CFR part 71 CLASS E AIRSPACE AREAS; a Final Rule that was published in the revises Class E airspace at the Togiak AIRWAYS; ROUTES; AND REPORTING Federal Register on Wednesday, April Airport, Alaska. This Class E airspace is POINTS 5, 2006 (71 FR 16997). Airspace Docket revised to accommodate aircraft No. 05–AAL–41. executing two new and two revised I 1. The authority citation for 14 CFR DATES: Effective Date: 0901 UTC, June 8, SIAPs, and will be depicted on part 71 continues to read as follows: 2006. aeronautical charts for pilot reference. Authority: 49 U.S.C. 106(g), 40103, 40113, FOR FURTHER INFORMATION CONTACT: Gary The intended effect of this rule is to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Rolf, AAL–538G, Federal Aviation provide adequate controlled airspace for 1963 Comp., p. 389. Administration, 222 West 7th Avenue, Instrument Flight Rule (IFR) operations Box 14, Anchorage, AK 99513–7587; at Togiak Airport, Alaska. § 71.1 [Amended] telephone number (907) 271–5898; fax: The FAA has determined that this (907) 271–2850; e-mail: regulation only involves an established I 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation [email protected]. Internet address: body of technical regulations for which http://www.alaska.faa.gov/at. frequent and routine amendments are Administration Order 7400.9N, SUPPLEMENTARY INFORMATION: necessary to keep them operationally Airspace Designations and Reporting current. It, therefore—(1) Is not a Points, dated September 1, 2005, and History ‘‘significant regulatory action’’ under effective September 15, 2005, is Federal Register Document 06–3249, Executive Order 12866; (2) is not a amended as follows: Airspace Docket No. 05–AAL–41, ‘‘significant rule’’ under DOT * * * * * published on Wednesday, April 5, 2006 Regulatory Policies and Procedures (44 Paragraph 6005 Class E airspace extending (71 FR 16997), listed the legal FR 11034; February 26, 1979); and (3) upward from 700 feet or more above the description as a revision to Class E does not warrant preparation of a surface of the earth. airspace at Minchumina, AK. The regulatory evaluation as the anticipated * * * * * airspace is new and the legal impact is so minimal. Since this a description should be written routine matter that will only affect air AAL AK E5 Togiak Village, AK [Revised] accordingly. This action corrects that traffic procedures and air navigation, it Togiak Airport, AK error. is certified that this rule will not have (Lat. 59°03′10″ N., long. 160°23′49″ W.) a significant economic impact on a Togiak NDB Correction to Final Rule substantial number of small entities ° ′ ″ ° ′ ″ (Lat. 59 03 50 N., long. 160 22 27 W.) I Accordingly, pursuant to the authority under the criteria of the Regulatory That airspace extending upward from 700 delegated to me, the airspace Flexibility Act. feet above the surface within a 6.5-mile description of the Class E airspace The FAA’s authority to issue rules radius of the Togiak Airport, and within 4 regarding aviation safety is found in published in the Federal Register, miles west and 8 miles east of the 218° Wednesday, April 5, 2006 (71 FR Title 49 of the United States Code. bearing of the Togiak NDB extending from Subtitle 1, Section 106 describes the 16997), (FR Doc 06–3249, page 16997, the 6.5-mile radius to 20 miles southwest of column 3) is corrected as follows: authority of the FAA Administrator. the Togiak NDB, and within 4 miles west and Subtitle VII, Aviation Programs, 8 miles east of the 019° bearing of the Togiak § 71.1 [Corrected] describes in more detail the scope of the NDB extending from the 6.5-mile radius to 16 * * * * * agency’s authority. miles northeast of the Togiak NDB. This rulemaking is promulgated AAL AK E5 Minchumina, AK [New] under the authority described in * * * * * Minchumina, AK Subtitle VII, Part A, Subpart 1, Section (Lat. 63°53′10″ N., Long. 152°18′07″ W.)

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That airspace extending upward from 700 controlled airspace at private airfields Subtitle 1, Section 106 describes the feet above the surface within a 7-mile radius with existing instrument procedures. authority of the FAA Administrator. of the Minchumina Airport. Class E controlled airspace extending Subtitle VII, Aviation Programs, * * * * * upward from 700 ft. above the surface describes in more detail the scope of the Issued in Anchorage, AK, on April 14, in the Ugnu-Kuparuk Airport area is agency’s authority. 2006. created by this action. Interested parties This rulemaking is promulgated Anthony M. Wylie, were invited to participate in this under the authority described in Manager, Safety, Area Flight Service rulemaking proceeding by submitting Subtitle VII, Part A, Subpart 1, Section Operations. written comments on the proposal to the 40103, Sovereignty and use of airspace. [FR Doc. 06–3859 Filed 4–21–06; 8:45 am] FAA. No public comments have been Under that section, the FAA is charged received; thus the rule is adopted as with prescribing regulations to ensure BILLING CODE 4910–13–P proposed. Additionally, the airspace the safe and efficient use of the action title in the NPRM should have navigable airspace. This regulation is DEPARTMENT OF TRANSPORTATION been listed as ‘‘Establishment of Class E within the scope of that authority Airspace; Kuparuk, AK’’ instead of because it creates Class E airspace Federal Aviation Administration using the term ‘‘Ugnu-Kuparuk’’. The sufficient in size to contain aircraft legal description title is taken from the executing instrument procedures for the 14 CFR Part 71 geographic location, not the airport’s Ugnu-Kuparuk Airport and represents name. the FAA’s continuing effort to safely [Docket No. FAA–2006–23712; Airspace The area will be depicted on Docket No. 06–AAL–05] and efficiently use the navigable aeronautical charts for pilot reference. airspace. The coordinates for this airspace docket Establishment of Class E Airspace; List of Subjects in 14 CFR Part 71 Kuparuk, AK are based on North American Datum 83. The Class E airspace areas designated as Airspace, Incorporation by reference, AGENCY: Federal Aviation 700/1,200 ft. transition areas are Navigation (air). Administration (FAA), DOT. published in paragraph 6005 of FAA Adoption of the Amendment ACTION: Final Rule. Order 7400.9N, Airspace Designations and Reporting Points, dated September I In consideration of the foregoing, the SUMMARY: This action establishes Class 1, 2005, and effective September 15, Federal Aviation Administration E airspace at Kuparuk, AK to provide 2005, which is incorporated by amends 14 CFR part 71 as follows: adequate controlled airspace to contain reference in 14 CFR 71.1. The Class E aircraft executing eight Special Standard airspace designation listed in this PART 71—DESIGNATION OF CLASS A, Instrument Approach Procedures document will be published CLASS B, CLASS C, CLASS D, AND (SIAPs). This rule results in new Class subsequently in the Order. CLASS E AIRSPACE AREAS; E airspace established upward from 700 The Rule AIRWAYS; ROUTES; AND REPORTING feet (ft.) above the surface at Ugnu- POINTS Kuparuk Airport, AK. This amendment to 14 CFR part 71 creates Class E airspace at Kuparuk, I 1. The authority citation for 14 CFR DATES: Effective Date: 0901 UTC, August Alaska. This Class E airspace is part 71 continues to read as follows: 3, 2006. established to accommodate aircraft Authority: 49 U.S.C. 106(g), 40103, 40113, FOR FURTHER INFORMATION CONTACT: Gary executing existing Special SIAPs. The 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Rolf, AAL–538G, Federal Aviation intended effect of this rule is to provide 1963 Comp., p. 389. Administration, 222 West 7th Avenue, controlled airspace for Instrument Flight Box 14, Anchorage, AK 99513–7587; Rule (IFR) operations at Ugnu-Kuparuk § 71.1 [Amended] telephone number (907) 271–5898; fax: Airport, Kuparuk, Alaska. I 2. The incorporation by reference in (907) 271–2850; e-mail: The FAA has determined that this 14 CFR 71.1 of Federal Aviation [email protected]. Internet address: regulation only involves an established Administration Order 7400.9N, http://www.alaska.faa.gov/at. body of technical regulations for which Airspace Designations and Reporting SUPPLEMENTARY INFORMATION: frequent and routine amendments are Points, dated September 1, 2005, and necessary to keep them operationally History effective September 15, 2005, is current. It, therefore—(1) is not a amended as follows: On Wednesday, February 15, 2006, ‘‘significant regulatory action’’ under * * * * * the FAA proposed to amend part 71 of Executive Order 12866; (2) is not a Paragraph 6005 Class E airspace extending the Federal Aviation Regulations (14 ‘‘significant rule’’ under DOT upward from 700 feet or more above the CFR part 71) to establish Class E Regulatory Policies and Procedures (44 surface of the earth. airspace upward from 700 ft. above the FR 11034; February 26, 1979); and (3) * * * * * surface at Ugnu-Kuparuk Airport, AK does not warrant preparation of a (71 FR 7890). The action was proposed regulatory evaluation as the anticipated AAL AK E5 Kuparuk, AK [New] in order to create Class E airspace impact is so minimal. Since this a Ugnu-Kuparuk Airport, AK ° ′ ″ ° ′ ″ sufficient in size to contain aircraft routine matter that will only affect air (Lat. 70 19 51 N., long. 149 35 51 W.) while executing eight Special SIAPs for traffic procedures and air navigation, it Pitsand NDB (Lat. 70°19′41″ N., long. 149°38′07″ W.) the Ugnu-Kuparuk Airport. The Special is certified that this rule will not have approaches were listed as being new a significant economic impact on a That airspace extending upward from 700 and revised in the Notice of Proposed feet above the surface within a 7-mile radius substantial number of small entities of the Ugnu-Kuparuk Airport, and within 8 Rulemaking (NPRM). However, all eight under the criteria of the Regulatory miles north and 4 miles south of the 078° Special SIAPs were already in existence. Flexibility Act. bearing of the Pitsand NDB extending from Thus, there are no instrument approach The FAA’s authority to issue rules the 7-mile radius to 16 miles east of the procedure changes. This action is taken regarding aviation safety is found in Pitsand NDB and within 8 miles north and to fulfill the FAA policy of establishing Title 49 of the United States Code. 4 miles south of the 258° bearing of the

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Pitsand NDB extending from the 7-mile (Global Positioning System) (RNAV describes in more detail the scope of the radius to 16 miles west of the Pitsand NDB. (GPS)) RWY 01, Original; and (2) RNAV agency’s authority. * * * * * (GPS) RWY 19, Original. Class E This rulemaking is promulgated Issued in Anchorage, AK, on April 14, controlled airspace extending upward under the authority described in 2006. from 700 ft. and 1,200 ft. above the Subtitle VII, Part A, Subpart 1, Section Anthony M. Wylie, surface in the Middleton Island Airport 40103, Sovereignty and use of airspace. area is revised by this action. Interested Under that section, the FAA is charged Manager, Safety, Area Flight Service Operations. parties were invited to participate in with prescribing regulations to ensure this rulemaking proceeding by the safe and efficient use of the [FR Doc. 06–3861 Filed 4–21–06; 8:45 am] submitting written comments on the navigable airspace. This regulation is BILLING CODE 4910–13–P proposal to the FAA. No public within the scope of that authority comments have been received; thus the because it creates Class E airspace DEPARTMENT OF TRANSPORTATION rule is adopted as proposed. sufficient in size to contain aircraft The area will be depicted on executing instrument procedures for the Federal Aviation Administration aeronautical charts for pilot reference. Middleton Island Airport and represents The coordinates for this airspace docket the FAA’s continuing effort to safely 14 CFR Part 71 are based on North American Datum 83. and efficiently use the navigable The Class E airspace areas designated as airspace. [Docket No. FAA–2006–23711; Airspace 700/1,200 ft. transition areas are Docket No. 06–AAL–04] published in paragraph 6005 of FAA List of Subjects in 14 CFR Part 71 Order 7400.9N, Airspace Designations Airspace, Incorporation by reference, Revision of Class E Airspace; and Reporting Points, dated September Navigation (air). Middleton Island, AK 1, 2005, and effective September 15, Adoption of the Amendment AGENCY: Federal Aviation 2005, which is incorporated by Administration (FAA), DOT. reference in 14 CFR 71.1. The Class E I In consideration of the foregoing, the ACTION: Final rule. airspace designation listed in this Federal Aviation Administration document will be published amends 14 CFR part 71 as follows: SUMMARY: This action revises Class E subsequently in the Order. PART 71—DESIGNATION OF CLASS A, airspace at Middleton Island, AK to The Rule provide adequate controlled airspace to CLASS B, CLASS C, CLASS D, AND contain aircraft executing two new and This amendment to 14 CFR part 71 CLASS E AIRSPACE AREAS; two amended Standard Instrument revises Class E airspace at the AIRWAYS; ROUTES; AND REPORTING Approach Procedures (SIAPs). This rule Middleton Island Airport, Alaska. This POINTS results in revised Class E airspace Class E airspace is revised to I accommodate aircraft executing two 1. The authority citation for 14 CFR established upward from 700 feet (ft.) part 71 continues to read as follows: and 1,200 ft. above the surface at new and two revised SIAPs, and will be Authority: 49 U.S.C. 106(g), 40103, 40113, Middleton Island, AK. depicted on aeronautical charts for pilot reference. The intended effect of this 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– DATES: Effective Date: 0901 UTC, August rule is to provide adequate controlled 1963 Comp., p. 389. 3, 2006. airspace for Instrument Flight Rule (IFR) § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: Gary operations at Middleton Island Airport, I Rolf, AAL–538G, Federal Aviation Alaska. 2. The incorporation by reference in Administration, 222 West 7th Avenue, The FAA has determined that this 14 CFR 71.1 of Federal Aviation Box 14, Anchorage, AK 99513–7587; regulation only involves an established Administration Order 7400.9N, telephone number (907) 271–5898; fax: body of technical regulations for which Airspace Designations and Reporting (907) 271–2850; e-mail: frequent and routine amendments are Points, dated September 1, 2005, and [email protected]. Internet address: necessary to keep them operationally effective September 15, 2005, is http://www.alaska.faa.gov/at. current. It, therefore—(1) Is not a amended as follows: SUPPLEMENTARY INFORMATION: ‘‘significant regulatory action’’ under * * * * * Executive Order 12866; (2) is not a Paragraph 6005 Class E airspace extending History ‘‘significant rule’’ under DOT upward from 700 feet or more above the surface of the earth. On Wednesday, February 15, 2006, Regulatory Policies and Procedures (44 the FAA proposed to amend part 71 of FR 11034; February 26, 1979); and (3) * * * * * the Federal Aviation Regulations (14 does not warrant preparation of a AAL AK E5 Middleton Island, AK CFR part 71) to establish Class E regulatory evaluation as the anticipated [Revised] airspace upward from 700 ft. and 1,200 impact is so minimal. Since this a Middleton Island Airport, AK ft. above the surface at Middleton routine matter that will only affect air (Lat. 59°27′00″ N., long. 146°18′26″ W.) Island, AK (71 FR 7891). The action was traffic procedures and air navigation, it Middleton Island VOR/DME proposed in order to create Class E is certified that this rule will not have (Lat. 59°25′19″ N., long. 146°21′00″ W.) airspace sufficient in size to contain a significant economic impact on a That airspace extending upward from 700 aircraft while executing two new and substantial number of small entities feet above the surface within a 6.5-mile two amended SIAPs for the Middleton under the criteria of the Regulatory radius of the Middleton Island Airport, and within 4 miles either side of the 038° radial Island Airport. The amended Flexibility Act. of the Middleton Island VOR/DME extending approaches are (1) Very High Frequency The FAA’s authority to issue rules from the 6.5-mile radius to 12 miles northeast Omni-directional Range (VOR) Runway regarding aviation safety is found in of the VOR/DME, and that airspace extending (RWY) 01, Amendment (Amdt) 2; and Title 49 of the United States Code. upward from 1,200 feet above the surface (2) VOR/Distance Measuring Equipment Subtitle 1, Section 106 describes the within a 42-mile radius of the Middleton (DME) RWY 19, Amdt 5. The new authority of the FAA Administrator. Island VOR/DME. approaches are (1) Area Navigation Subtitle VII, Aviation Programs, * * * * *

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Issued in Anchorage, AK, on April 14, parties were invited to participate in navigable airspace. This regulation is 2006. this rulemaking proceeding by within the scope of that authority Anthony M. Wylie, submitting written comments on the because it creates Class E airspace Manager, Safety, Area Flight Service proposal to the FAA. No public sufficient in size to contain aircraft Operations. comments have been received; thus the executing instrument procedures for the [FR Doc. 06–3862 Filed 4–21–06; 8:45 am] rule is adopted as proposed. Galbraith Lake Airport and represents BILLING CODE 4910–13–P The area will be depicted on the FAA’s continuing effort to safely aeronautical charts for pilot reference. and efficiently use the navigable The coordinates for this airspace docket airspace. DEPARTMENT OF TRANSPORTATION are based on North American Datum 83. The Class E airspace areas designated as List of Subjects in 14 CFR Part 71 Federal Aviation Administration 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Airspace, Incorporation by reference, 14 CFR Part 71 Order 7400.9N, Airspace Designations Navigation (air). and Reporting Points, dated September [Docket No. FAA–2005–22857; Airspace Adoption of the Amendment Docket No. 05–AAL–37] 1, 2005, and effective September 15, 2005, which is incorporated by I In consideration of the foregoing, the Establishment of Class E Airspace; reference in 14 CFR 71.1. The Class E Federal Aviation Administration Galbraith Lake, AK airspace designation listed in this amends 14 CFR part 71 as follows: document will be published AGENCY: Federal Aviation subsequently in the Order. Administration (FAA), DOT. PART 71—DESIGNATION OF CLASS A, ACTION: Final rule. The Rule CLASS B, CLASS C, CLASS D, AND This amendment to 14 CFR part 71 CLASS E AIRSPACE AREAS; SUMMARY: This action establishes Class creates Class E airspace at Galbraith AIRWAYS; ROUTES; AND REPORTING E airspace at Galbraith Lake, AK to Lake, Alaska. This Class E airspace is POINTS provide adequate controlled airspace to established to accommodate aircraft contain aircraft executing two amended I executing two revised Special SIAPs. 1. The authority citation for 14 CFR Special Standard Instrument Approach The intended effect of this rule is to part 71 continues to read as follows: Procedures (SIAPs). This rule results in provide adequate controlled airspace for Authority: 49 U.S.C. 106(g), 40103, 40113, new Class E airspace established Instrument Flight Rule (IFR) operations upward from 700 feet (ft.) above the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– at Galbraith Lake Airport, Galbraith 1963 Comp., p. 389. surface at Galbraith Lake, AK. Lake, Alaska. DATES: Effective Date: 0901 UTC, August The FAA has determined that this § 71.1 [Amended] 3, 2006. regulation only involves an established I FOR FURTHER INFORMATION CONTACT: Gary body of technical regulations for which 2. The incorporation by reference in Rolf, AAL–538G, Federal Aviation frequent and routine amendments are 14 CFR 71.1 of Federal Aviation Administration, 222 West 7th Avenue, necessary to keep them operationally Administration Order 7400.9N, Box 14, Anchorage, AK 99513–7587; current. It, therefore—(1) Is not a Airspace Designations and Reporting telephone number (907) 271–5898; fax: ‘‘significant regulatory action’’ under Points, dated September 1, 2005, and (907) 271–2850; e-mail: Executive Order 12866; (2) is not a effective September 15, 2005, is [email protected]. Internet address: ‘‘significant rule’’ under DOT amended as follows: http://www.alaska.faa.gov/at. Regulatory Policies and Procedures (44 * * * * * SUPPLEMENTARY INFORMATION: FR 11034; February 26, 1979); and (3) Paragraph 6005 Class E airspace extending does not warrant preparation of a History upward from 700 feet or more above the regulatory evaluation as the anticipated surface of the earth. On Wednesday, February 15, 2006, impact is so minimal. Since this a * * * * * the FAA proposed to amend part 71 of routine matter that will only affect air the Federal Aviation Regulations (14 traffic procedures and air navigation, it AAL AK E5 Galbraith Lake, AK [New] CFR part 71) to establish Class E is certified that this rule will not have Galbraith Lake Airport, AK airspace upward from 700 ft. above the a significant economic impact on a (Lat. 68°28′48″ N., long. 149°29′14″ W.) surface at Galbraith Lake, AK (71 FR substantial number of small entities That airspace extending upward from 700 7887). The action was proposed in order under the criteria of the Regulatory feet above the surface within a 9.5-mile to create Class E airspace sufficient in Flexibility Act. radius of the Galbraith Lake Airport. size to contain aircraft while executing The FAA’s authority to issue rules two amended Special SIAPs for the regarding aviation safety is found in * * * * * Galbraith Lake Airport. The approaches Title 49 of the United States Code. Issued in Anchorage, AK, on April 14, are (1) Non-directional Beacon (NDB) Subtitle 1, Section 106 describes the 2006. Distance Measuring Equipment (DME) authority of the FAA Administrator. Anthony M. Wylie, Runway (RWY) 12, amendment (Amdt) Subtitle VII, Aviation Programs, Manager, Safety, Area Flight Service 2 and (2) Microwave Landing System describes in more detail the scope of the Operations. (MLS) Runway 12, Amdt 1. The Notice agency’s authority. [FR Doc. 06–3863 Filed 4–21–06; 8:45 am] of Proposed Rulemaking airport This rulemaking is promulgated coordinate notation was not accurate. under the authority described in BILLING CODE 4910–13–P The correction has been made in this Subtitle VII, Part A, Subpart 1, Section document. Class E controlled airspace 40103, Sovereignty and use of airspace. extending upward from 700 ft. above the Under that section, the FAA is charged surface in the Galbraith Lake Airport with prescribing regulations to ensure area is created by this action. Interested the safe and efficient use of the

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DEPARTMENT OF TRANSPORTATION The Rule (Lat. 40°16′04″ N., long. 120°09′07″ W.) This amendment to 14 CFR part 71 That airspace extending upward from 700 Federal Aviation Administration feet above the surface of the earth within an revises Class E airspace at Herlong, CA, area bounded by a line beginning at lat. by providing additional controlled 14 CFR Part 71 40°20′15″ N., long. 119°48′27″ W.; to lat. airspace for the safety of IFR aircraft 40°07′58″ N., 119°51′47″ W.; to lat. 40°11′30″ during airborne holding. Holding occurs N., long. 120°16′47″ W.; to lat. 40°20′32″ N., [Docket FAA 2004–19684; Airspace Docket during adverse weather conditions, long. 120°14′34″ W.; thence to the point of 04–ANM–24] traffic congestion, or for other beginning. That airspace extending upward operational reasons. This holding from 1,200 feet above the surface of the earth Revision of Class E Airspace; Herlong, ° ′ ″ procedure is also an integral part of a beginning at lat. 40 00 00 N., long. CA ° ′ ″ ° ′ ″ new RNAV (GPS) (SIAP) at the Amedee 120 00 00 W.; west to V452; to lat. 40 30 00 N.; east to lat. 40°30′00″ N., long. 119°16′00″ AGENCY: Federal Aviation AAF, Herlong, CA. W.; south to lat. 40°00′00″ N., long. Administration (FAA), DOT. The FAA has determined that this 119°16′00″ W.; west to point of beginning. regulation only involves an established ACTION: Final rule. body of technical regulations for which * * * * * SUMMARY: This final rule will revise the frequent and routine amendments are Issued in Seattle, Washington, on March Class E airspace area at Herlong, CA. necessary to keep the regulations 31, 2006. Additional controlled airspace is current. Therefore, this regulation: (1) Is R.D. Engelke, necessary for the safety of Instrument not a ‘‘significant regulatory action’’ Acting Area Director, Western En Route and Flight Rules (IFR) aircraft during under Executive Order 12866; (2) is not Oceanic Operations. airborne holding. Holding airspace is a ‘‘significant rule’’ under DOT [FR Doc. 06–3864 Filed 4–21–06; 8:45 am] designed with specific altitudes and Regulatory Policies and Procedures (44 BILLING CODE 4910–13–M lateral boundaries within controlled FR 11034; February 26, 1979); and (3) airspace. This airborne holding does not warrant preparation of a procedure is also an integral part of a regulatory evaluation as the anticipated DEPARTMENT OF COMMERCE new Area Navigation (RNAV) Global impact is so minimal. Since this is a Positioning System (GPS) Standard routine matter that will only affect air Bureau of Industry and Security Instrument Approach Procedure (SIAP) traffic procedures and air navigation, it at the Amedee Army Air Field (AFF), is certified that this rule, when 15 CFR Parts 730, 732, 734, 738, 740, Herlong, CA. promulgated, will not have a significant 742, 743, 746, 748, 750, 752, 762, 770, economic impact on a substantial 772 and 774 DATES: Effective Date: 0901 UTC, August number of small entities under the 3, 2006. [Docket No. 060404096–6096–01] criteria of the Regulatory Flexibility Act. FOR FURTHER INFORMATION CONTACT: Ed RIN 0694–AD66 Haeseker, Federal Aviation List of Subjects in 14 CFR Part 71 Administration, Western En Route and Airspace, Incorporation by reference, Implementation of New Formula for Oceanic Area Office, Airspace Branch, Navigation (air). Calculating Computer Performance: 1601 Lind Avenue, SW., Renton, WA Adjusted Peak Performance (APP) in 98055–4056; telephone (425) 227–2527. Adoption of the Amendment Weighted TeraFLOPS; Bulgaria; XP SUPPLEMENTARY INFORMATION: I In consideration of the foregoing, the and MT Controls Federal Aviation Administration History AGENCY: Bureau of Industry and amends 14 CFR part 71 as follows: Security, Commerce. On July 12, 2005, the FAA proposed ACTION: Final rule. to amend Title 14 Code of Federal PART 71—DESIGNATION OF CLASS A, Regulations (14 CFR) part 71 by revising CLASS B, CLASS C, CLASS D, AND SUMMARY: This final rule amends the Class E airspace at Herlong, CA (70 FR CLASS E AIRSPACE AREAS; ROUTES; Export Administration Regulations to 39973). The proposed action would AND REPORTING POINTS. implement the Wassenaar provide additional controlled airspace I 1. The authority citation for 14 CFR Arrangement’s December 2005 for the safety of IFR aircraft executing part 71 continues to read follows: agreement to revise the formula for airborne holding due to weather, traffic calculating computer performance from Authority: 49 U.S.C. 106(g), 40103, 40113, congestion, or other operational reasons. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Composite Theoretical Performance This additional controlled airspace is 1963 Comp., p. 389. (CTP) measured in Millions of also necessary for the safety of aircraft Theoretical Operations Per Second transitioning to a new RNAV (GPS) and § 71.1 [Amended] (MTOPS) to Adjusted Peak Performance ILS SIAP at Amedee AAF, Herlong, CA. I 2. The incorporation by reference in (APP) measured in Weighted Interested parties were invited to 14 CFR part 71.1 of the Federal Aviation TeraFLOPS (Trillion Floating point participate in this rule making Administration Order 7400.9N, Operations Per Second) (WT). This rule proceeding by submitting written Airspace Designations and Reporting also establishes new control levels in comments on the proposal to the FAA. Points, dated September 01, 2005, and Category 4 of the Commerce Control List No comments were received. Class E effective September 15, 2005, is (CCL) expressed in WT. In addition, this airspace designations are published in amended as follows: Paragraph 6005. rule renames License Exception CTP to paragraph 6005 of FAA Order 7400.9N, Class E airspace areas extending upward License Exception APP (Adjusted Peak dated September 1, 2005, and effective from 700 feet or more above the surface Performance) to correspond to the new September 15, 2005, which is of the earth. formula. This rule also makes incorporated by reference in 14 CFR * * * * * conforming changes to the EAR based 71.1. The Class E airspace designations on the new computer parameter, such listed in this document will be ANM CA E5 Herlong, CA [Revised] as, revising the parameters for eligibility published subsequently in that order. Amedee VOR/DME of License Exception APP.

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This rule also moves Bulgaria from theoretical operations per second number of processors in a computer to Computer Tier 3 to Computer Tier 1, (MTOPS), is difficult to calculate and, implementing more rigorous formulas removes High Performance Computer because of remarkable changes in for measuring computer performance, (XP) and Missile Technology (MT) computer architecture and such as incorporating memory and/or controls from certain Export Control semiconductor technology, has interconnect bandwidth. All of these Classification Numbers (ECCNs) in significant shortcomings in the ranking alternatives raised definitional problems Category 4 of the CCL, and removes the of computers. As a result of the or required even more vendor- section of the EAR dedicated to various limitations of CTP and the continued proprietary data than is currently requirements for high performance growth of commodity cluster systems, necessary for CTP calculations. computers. the Administration conducted a The Administration’s assessment comprehensive review of export DATES: Effective Dates: This rule is identified a controllable class of high controls on computer hardware. In effective on April 24, 2006, with the end proprietary computer systems with 2004, the Departments of Defense and exception of the movement of Bulgaria the most significant national security Energy conducted an assessment of U.S. from Computer Tier 3 to Computer Tier applications, a more effective formula Government requirements and for identifying such systems, and a new 1 in section 740.7 of the EAR, which benchmark tests. The review identified will be effective June 3, 2006. proposed control level. A formula was a controllable class of high-end needed to draw a clear distinction FOR FURTHER INFORMATION CONTACT: For proprietary computer systems, a more between vector systems which have questions of a general nature contact effective metric for controlling such significantly more value in national Sharron Cook, Office of Exporter systems, and a new proposed control security applications and non-vector Services, Regulatory Policy Division at level. As a result, the interagency group systems. It was determined that double (202) 482–2440 or E-Mail: concerned, including the Departments precision floating-point computation [email protected]. of Defense, State, Energy and (DP FP) was the most meaningful For questions of a technical nature Commerce, concluded that CTP measure of HPC performance for export contact Joseph Young, Office of National (measured in MTOPS) has been unable control purposes to distinguish between Security and Technology Transfer to keep up with advances in computer vector and non-vector systems. This Controls at 202–482–4197 or E-Mail: architecture technology, and no longer distinction is critical to achieving the [email protected]. meets national security objectives. nation’s computer export control policy SUPPLEMENTARY INFORMATION: Specifically, the CTP formula does not objectives. By using DP FP performance adequately distinguish between generic Background as the basis for export controls, the commodity systems and vector systems. inflation introduced by short word The Wassenaar Arrangement The CTP formula imprecisely equates length operands in the formula used for off-the-shelf systems based on low-cost calculating CTP is eliminated and the The United States is one of 40 states widely available microprocessors— participating in the Wassenaar playing field leveled for competing computers with lesser national security microprocessor architectures. Arrangement on Export Controls for significance—with high-end special Conventional Arms and Dual-Use Goods order high performance computers such The new control formula based on DP and Technologies (Wassenaar as vector systems, which have greater FP is Adjusted Peak Performance (APP) Arrangement). The Wassenaar national security significance. measured in Weighted TeraFLOPS Arrangement contributes to regional and The CTP calculation takes into (WT). The APP formula allows for much international security and stability by account short word length operations. more targeted control of the high-end, promoting transparency and greater As state-of-the-art computers have special order HPCs, such as vector responsibility in transfers of evolved, capabilities to perform this systems and proprietary cluster systems, conventional arms and dual-use goods class of operations have become which are of the greatest national and technologies, thus preventing ubiquitous in multi-media extensions security significance. The APP formula destabilizing accumulations of such (MMX) in low-cost commodity is derived from existing industry items. Participating states have microprocessors. The requirement to standards and is easier to calculate than committed to exchange information on include these operations when using the the CTP formula. The APP formula will exports of dual-use goods and CTP formula complicates the maintain controls on high-end high technologies to non-participating states calculation and overstates the scientific performance computers (HPCs) capable for the purposes of enhancing computational capability of these of computationally intensive national transparency and assisting in systems by as much as a factor of two. security operations. The APP formula developing common understandings of Even as a formula for this class of places more weight on vector systems the risks associated with the transfers of computers, CTP has several problems. than non-vector systems. Considering these items. In December 2005, the The CTP formula does not distinguish the superior performance of vector Wassenaar Arrangement met in Plenary between architectures, and arguably supercomputers for some important session and agreed to implement a new understates the performance of vector applications and an analysis of computer performance formula and supercomputers relative to aggregations applications and the High Performance associated control levels for export of scalar processors. The inclusion of Linpack benchmarks, a weighting of 0.9 control purposes. short word length operations and the was selected for vector processors. current formula for aggregation make Currently available HPC systems exhibit Composite Theoretical Performance the CTP formula unnecessarily a wide range of efficiencies. A weighting (CTP) to Adjusted Peak Performance complicated to calculate for modern factor of 0.3 was appropriate for other (APP) computing architectures, with no classes of non-vector export controlled For more than a decade, Composite offsetting benefit to national security. HPC systems. The 0.3 weighting factor Theoretical Performance (CTP) has been Since 1999, a number of alternatives is a rough approximation of the relative used for measuring computer to the CTP formula have been suggested. performance observed between vector performance for the purpose of export These ranged from dispensing with a and non-vector HPCs over a control. CTP, expressed in millions of ‘‘formula’’ and simply counting the representative range of applications.

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APP provides more consistent treatment is applied to the Intel 386, the APP Administration Regulations.’’ At the for all comparable systems than CTP. equals 0.00001 WT (after rounding up). present time, XP controls do not enhance license requirements or license Setting of the Control Thresholds National Defense Authorization Act review policies that are already in place (NDAA) Congressional Notification The Administration’s assessment under the national security (NS) Requirement determined that the appropriate control controls described in § 742.4 of the EAR, level for computers using the APP Subsections 1211(d) and (e) of the the anti-terrorism (AT) controls in formula is 0.75 WT, which was National Defense Authorization Act various parts of 742, or any other proposed in the April 2005 meeting of (NDAA) for FY 1998 (Pub. L. 105–85, controls in the EAR. The XP control the Wassenaar Arrangement and agreed November 18, 1997, 111 Stat. 1932) creates more of a burden to the public to at the December 2005 Wassenaar provides that the President must submit than assistance. In addition, placing Arrangement Plenary meeting. This a report to Congress 60 days before special reporting and recordkeeping determination was based on the adjusting the composite theoretical requirements in this section is not Departments of Defense and Energy HPC performance level above which exports consistent with the organizational benchmarks, procurement and usage; of digital computers to Tier 3 countries format of the EAR. The EAR has specific the government’s ability to control state- require a license. The President sent a parts for special reporting and of-the-art technology (i.e., proprietary report to Congress on February 3, 2006 recordkeeping. For these reasons, this and vector systems); the ability of Tier that establishes and provides rule removes the reason for control XP 3 countries to achieve a given level of justification for the 0.75 WT control from the aforementioned ECCNs. performance for range of architectures; level using the APP formula. Conforming changes are also made to and maintenance of a level playing field Bulgaria § 738.2(d)(2)(i)(A) and § 746.3(a)(1) of among comparable products. the EAR. This rule removes Bulgaria from The 0.75 WT control level recognizes Computer Tier 3 and places it in Missile Technology Controls the foreign availability of the computing Computer Tier 1. However, due to the This rule removes the missile capacity illustrated by the Chinese requirements in the 1998 National technology (MT) control from ECCN commodity cluster systems currently Defense Authorization Act (NDAA), 4A003. The MT control in 4A003 ranked on the Top-500 List of fastest removing Bulgaria from Computer Tier applies to digital computers used as HPCs in the world. The 0.75 WT level 3 is not effective until 120 days after the ancillary equipment for test facilities continues to control high-end Congress receives a report justifying and equipment that are controlled by proprietary HPCs, such as those used by such a removal. This report was sent to ECCNs 9B005 or 9B005 (both non-MT the Department of Defense and the Congress on February 3, 2006. controlled commodities). This MT Department of Energy for advanced Therefore, the movement of Bulgaria control has no corresponding entry on research, development, and simulation, from Computer Tier 3 to Computer Tier the Missile Technology Control while removing controls on the lower- 1 will become effective on June 3, 2006. Regime’s (MTCR) Annex. The end, more widely available systems. Bulgaria is a member of the computers that are described on the The Wassenaar Arrangement agreed to Wassenaar Arrangement, the Missile Missile Technology Control (MTCR) set the Basic List control level for Technology Control Regime, the Annex fall under two entries 13.A.1 and computer software and technology at Australia Group, and the Nuclear 16.A.1. The 13.A.1 entry on the MTCR 0.04 WT, and this was based on Suppliers Group. Bulgaria is also a Annex is for ruggedized or radiation computer chip manufacturer projections member of the North Atlantic Treaty hardened computers and is controlled of what chips would be in production Organization (NATO). Because of the on the Commerce Control List (CCL) by the end of 2007, e.g., a 4 GHz, dual Bulgarian Government’s success in under ECCN 4A101 for MT and AT core Itanium processor would have an strengthening its export control system, reasons. The 16.A.1 entry on the MTCR APP of 0.0384 WT. The Wassenaar it has been determined that moving Annex is for hybrid computers for Sensitive List threshold for computer Bulgaria from Computer Tier 3 to modeling, simulation or design development and production Computer Tier 1 will not decrease the integration of missile or rocket systems technology and software was set at 0.1 national security of the United States, or subsystems specified on the MTCR WT to limit the production of multi- and may in fact strengthen it by Annex, which is controlled on the CCL board computer vector systems, such as building stronger coalitions with under ECCN 4A102 for MT and AT the 8 way Cray X1 or the 4 way Cray XE. nations that understand the importance reasons. Therefore, because these The EAR also set forth several other of a strong export control program. This computers are controlled under other computer control levels, for purposes of revision will result in fewer license ECCNs, this rule removes the MT unilateral anti-terrorism controls and applications, because Bulgaria will be control under ECCN 4A003. License Exception eligibility, that do not eligible for License Exception APP. In Corresponding amendments associated have Wassenaar Arrangement addition, the EAR will no longer require with the removal of the MT controls equivalents. This final rule makes NDAA-based recordkeeping and post under ECCN 4A003, include: conforming changes in these provisions shipment verification reporting of a. Removing the last sentence of by establishing control levels expressed exports of high performance computers § 740.7(a)(1) of the EAR, which states in WT using the APP formula. These to Bulgaria. that computers controlled for missile control thresholds were obtained by technology (MT) reasons are not eligible finding a computer chip that had a CTP XP Reason for Control for License Exception APP. Because the equivalent to the CTP threshold control This rule removes the reason for only computers eligible for License level in the EAR, performing the APP control related to high performance Exception APP are classified under formula on the chip, and then rounding computers (XP) from ECCNs 4A001, 4A003 and this rule removes all MT up. For instance, in ECCN 4A994 the 4A003, 4D001, 4D002, and 4E001. XP controls from 4A003, this sentence is CTP threshold is 6 MTOPS. This is very controls were implemented on March not necessary. similar in performance to the Intel 386 25, 1996, 61 FR 12714, in the regulation b. Removing the phrase ‘‘and microprocessor. When the APP formula entitled, ‘‘Simplification of Export software’’ from the last sentence in

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§ 740.7(a)(2) of the EAR, which states, requirements, mandated by the National (WT) is sensitive for conventional arms ‘‘Technology and software for Defense Authorization Act of FY 1998 purposes. Therefore, eligibility under computers controlled for missile (section 1213) to part 743 ‘‘Special License Exception APP for development technology (MT) reasons are not eligible Reporting,’’ under a new section 743.2 and production technology and source for License Exception CTP.’’ However, ‘‘High Performance Computers: Post code to Computer Tier 3 destinations the only eligible software eligible for Shipment Verification Reporting.’’ In and to Computer Tier 1 destinations, License Exception APP is classified addition, this rule revises § 762.2(b)(6) other than the destinations that are under 4D001, and there are no existing of the EAR that referred to the listed in § 740.7(c)(3)(i) of the EAR, is MT controls in 4D001. However, there recordkeeping requirements that were in set at an APP of less than or equal to 0.1 are MT controls in 4E001 for technology § 742.12 of the EAR, to reference section WT. for items controlled by 4A001.a and 743.2 where the recordkeeping However, eligibility under License 4A101. requirement has been moved. Exception APP for development and c. For the same reasons stated in In conformance with the removal of production technology and source code paragraph (a) above, the last sentence of § 742.12, this rule revises a phrase in to Computer Tier 1 destinations listed in the first paragraph in § 770.2(l)(1) is § 734.4(a)(1) of the EAR. The phrase § 740.7(c)(3)(i) of the EAR is set at an removed, which stated, ‘‘Computers stated ‘‘to Computer Tier 4 countries APP of less than or equal to 0.75 WT, controlled in this entry for MT reasons described in § 742.12 of the EAR’’ and because these destinations are of lesser are not eligible for License Exception is revised to read ‘‘to Cuba, Iran, Libya, national security concern. regardless of the CTP of the computer.’’ North Korea, Sudan, and Syria.’’ All Supplement No. 2 to Part 748 d. For the same reasons stated in references to Computer Tier 4 are no paragraph (a) above, the phrase longer necessary, because the license This rule clarifies the phrase ‘‘parameters of Missile Technology requirements and license review policy ‘‘according to the principal function of concern, or’’ is removed from the first for these countries is found in either the equipment,’’ by replacing it with sentence of the second paragraph in part 736, part 746, or part 742 of the references to Notes in Category 5 part 1 § 770.2(l)(1). EAR depending generally on it’s status and part 2, where the applicant can find e. For the same reasons stated in as a country that supports terrorism or information to guide them about paragraph (a) above, the second its embargo status. Category 5 telecommunication and sentence of the second paragraph in In addition, this rule removes information security functions. In § 770.2(l)(1) is removed, which stated, Supplement No. 3 to part 742 ‘‘High paragraph (c), this rule deletes the ‘‘This License Exception does not Performance Computers; Safeguard phrase ‘‘certifiable multi-level security authorize the export or reexport of Conditions and Related Information,’’ or certifiable user isolation functions’’ computers controlled for MT purposes because a sample security safeguard because this former 5A002 sub-item has regardless of the CTP.’’ plan can be found on BIS’s Web site at been deleted. http://www.bis.doc.gov/hpcs/ This rule also removes paragraph Section 742.12 ‘‘High Performance (c)(2), because Category 4 has not Computers’’ SecuritySafeguardPlans.html. The requirement for this security safeguard contained Advisory Notes for over a The EAR has contained a section for plan is added to paragraph (c)(2) of decade. In place of text that was in high performance computers (HPCs) for Supplement No. 2 to part 748 ‘‘Unique paragraph (c)(2), this rule adds a over a decade. The rapid advance in Application and Submission paragraph describing the security technology created a high demand for Requirements’’ of the EAR. safeguard plan requirement. The United information about export controls for States requires security safeguards for computers among those who were not Section 740.7 License Exception APP exports, reexports, and in-country acquainted with the EAR, i.e., (Formerly License Exception CTP) transfers of High Performance individuals using personal computers. Because this rule changes the Computers (HPCs) to ensure that they Now that the HPC controls are raised to computer formula for determining are used for peaceful purposes. If you a level such that only high performance computer performance from Composite are submitting a license application for computers of the greatest national Theoretical Performance (CTP) to an export, reexport, or in-country security concern require a license for Adjusted Peak Performance (APP), this transfer of a high performance computer export, BIS expects that it will receive rule revises the license exception to or within a destination in Computer fewer license applications for symbol for License Exception CTP to Tier 3 (see § 740.7(c)(1) of the EAR) or computers. As a result of this shift, there ‘‘APP.’’ Hereafter, License Exception to Cuba, Iran, Libya, North Korea, will be less burden on individual users CTP will be known as License Sudan, or Syria you must include with of personal computers. The license Exception APP. This rule also makes your license application a security requirements that are stated in 742.12 conforming changes throughout the EAR safeguard plan signed by the end-user, are redundant to those stated in other as a result of this change. who may also be the ultimate consignee. parts of the EAR, such as national This rule also makes ‘‘use’’ This requirement also applies to security (§ 742.4 of the EAR), anti- technology equal to or less than 0.75 exports, reexports, and in-country terrorism (various sections of part 742), WT eligible for export under License transfers of components or electronic or nonproliferation controls found in Exception APP to Computer Tier 3 assemblies to upgrade existing part 744. For these reasons, this rule destinations and to Computer Tier 1 ‘‘computer’’ installations in those removes section 742.12. However, this destinations, other than the destinations countries. A sample security safeguard rule will preserve the recordkeeping that are listed in § 740.7(c)(3)(i) of the plan is posted on BIS’s webpage at requirement for computers, mandated EAR. The 0.75 WT control threshold is http://www.bis.doc.gov/hpcs/ by the National Defense Authorization consistent with levels agreed to by the SecuritySafeguardPlans.html. In Act for FY 1998 (section 1212), by Wassenaar Arrangement. The Wassenaar addition, this rule makes conforming combining it with the special reporting Arrangement agreed that development changes to the table ‘‘Information requirements in part 743. In addition, and production technology and source Collection Requirements Under the this rule moves the post shipment code for computers with an APP Paperwork Reduction Act: OMB Control verification reporting and recordkeeping exceeding 0.1 Weighted TeraFLOPS Numbers’’ in Supplement No. 1 to part

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730 to change the reference to where the Performance (CTP) of 500 Million end-users located in designated safeguard requirements are located in Theoretical Operations Per Second terrorist-supporting countries. This the EAR. (MTOPS) or less. At the time, and until exemption has been overtaken by 1998, the NS control level for computers Section 750.4(b) Actions Not Included technological advancements, i.e., was 260 MTOPS (then it increased to in Processing Time Calculations computers controlled for NS reasons 2,000 MTOPS). So until 1998, with a CTP of 500 MTOPS no longer On May 11, 1995, BIS published a computers controlled for NS reasons exist today. This rule does not change proposed rule for the simplification of were not subject to 6(j) requirements if the requirement for Congressional the EAR (60 FR 25270) that contained they were between 260 and 500 MTOPS. notification for all items controlled for the Acting Secretary of State’s Although the NS control level for national security reasons to end users determination of December 28, 1993, computers was increased several times, set forth above. Computers classified by that five categories of multilaterally this computer level in this section was ECCN 4A003 are controlled for national controlled items would be controlled repeatedly overlooked. This rule security reasons when the APP exceeds under section 6(j). License applications corrects this error by removing the 0.75 WT, as implemented by this rule. for certain items would be reviewed exemption for computers with a CTP of under the 6(j) procedures. This rule was 500 MTOPS from a Congressional 30- Conforming Changes made final on March 25, 1996 (61 FR day notification requirement under 12714). One category of items subject to section 6(j) of the Export Administration This rule makes the following the new 6(j) procedure was those subject Act, as amended (EAA), prior to the conforming changes: to national security controls, except issuance of the license for any digital • With regard to License Exception national security controlled digital computers destined to the military, CTP being changed to License Exception computers with a Composite Theoretical police, intelligence or other sensitive APP:

EAR citation Subject matter

§ 732.4(b)(3)(iii) and (b)(3)(iv) ...... Steps regarding License Exceptions. § 740.7 ...... License Exception CTP. § 743.1(b)(1) ...... Wassenaar Arrangement special reporting requirements. § 746.3(c) ...... License Exceptions for Iraq. EECN 4A003 ...... License Exception section, License Exception CTP. ECCN 4D001 ...... License Exception section, License Exception CTP. ECCN 4E01 ...... License Exception section, License Exception CTP.

• With regard to references to the computer metric CTP, without reference to a specific MTOPS limit:

EAR citation Subject matter

§ 740.11(a)(4) ...... License Exception GOV. § 740.11(c)(4) ...... License Exception GOV. § 743.1(c)(2) ...... Reference to formula for calculating APP. § 743.2 (c)(7) ...... Information that must be included in the Post Shipment Verification Report. Supplement No. 1 to part 748, Block 22(b) ...... Multipurpose Application Instructions. Supplement No. 2 to part 748, paragraph (c) ...... Digital Computers, telecommunications, and related equipment. Supp. No. 1 to part 752, (b) ...... Instructions for completing form BIS–748P–A. § 770.2(l) ...... Interpretation 12: Computers. ECCN 4A003.c ...... Electronic Assemblies. ECCN 4A994 Note 1 to 4A994.c ...... Electronic Assemblies. ECCN 4D001.b.2 ...... Electronic Assemblies. ECCN 4E001.b.2 ...... Electronic Assemblies.

• With regard to a change in computer metric changes from CTP to APP:

Prior CTP in EAR citation Subject matter MTOPS New APP in WT

§ 734.4(a)(1) ...... De minimis eligibility for foreign-made computers going to Com- 190,000 ...... 0.75. puter Tier 3 destinations. § 734.4(a)(1) ...... De minimis eligibility for foreign-made computers going to 28,000 ...... 002. Cuba, Iran, Libya, North Korea, Sudan, and Syria. § 740.7(c)(3)(ii)...... Development and Production technology and source code eligi- 190,000 ...... 0.1. ble for deemed exports under License Exception APP to for- eign nationals of Tier 1 destinations, other than the destina- tions that are listed in § 740.7(c)(3)(i).

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Prior CTP in EAR citation Subject matter MTOPS New APP in WT

§ 740.7(c)(3)(iii) (new paragraph) ...... Use technology and source code eligible for deemed exports 190,000 ...... 0.75. under License Exception APP to foreign nationals of Tier 1 destinations, other than the destinations that are listed in § 740.7(c)(3)(i). § 740.7(d)(3)(i) ...... Development and Production technology and source code eligi- 190,000 ...... 0.1. ble for deemed exports under License Exception APP to for- eign nationals of Tier 3 destinations. § 740.7(d)(3)(ii) new paragraph ...... Use technology and source code eligible for deemed exports 190,000 ...... 0.75. under License Exception APP to foreign nationals of Tier 3 destinations. 740.9(a)(2)(i)(B)(1) ...... License Exception TMP, Tools of Trade, Sudan, eligible com- 6,500 ...... 0.0015. puters under 4A994. § 740.19(a)(2)(iv) ...... License Exception USPL, eligible AT controlled computers 12,000 ...... 0.003. (4A994) to U.S. persons in Libya. Supp. No. 2 to part 742(c)(24) ...... Heading for digital computer license policy destined to des- 6 ...... 0.00001. ignated terrorist supporting countries. Supp. No. 2 to part 742(c)(24)(iv)(A) N. Korea license policy for digital computers ...... 2,000 ...... 0.0004. and (B). § 743.1(c)(2) ...... Wassenaar Arrangement Special Reporting Requirements for 190,000 ...... 0.1. computer technology and software for the development and production of computers. § 743.2 (new), moved from Post Shipment Verification Reporting and recordkeeping for 190,000 ...... 0.75. 742.12(b)(3)(iv). Computer Tier 3 destinations. 750.4(b)(6)(ii)(A) ...... Digital Computers not subject to a Congressional 500 notifica- Less than 500 .. Removed. tion requirement when the issuance of the license for any military, police, intelligence or other sensitive end-user in designated terrorist-supporting country. ECCN 4A003 ...... License Requirement section, AT controls (refer to ECCN 6 and 190,000 .. 0.00001 and 0.75. 4A994). ECCN 4A003 ...... License Requirement section, XP controls ...... 190,000 ...... Removed. ECCN 4A003 ...... Note in License Requirement section ...... 190,000 ...... 0.75 (two times). ECCN 4A994 ...... ECCN 4A994.b ...... 6 ...... 0.00001. ECCN 4A994 ...... ECCN 4A994.f equipment for signal processing or image en- 8.5 ...... 0.00001. hancement. ECCN 4D001 ...... License Exception section, TSR ...... 190,000 ...... 0.1. ECCN 4E001 ...... License Exception section, TSR ...... 190,000 ...... 0.1.

• With regard to the placement of the Category 3—Electronics Category 4—Computers CTP formula: This rule moves the technical note on Category 4 is amended by adding the Because BIS has decided to move the how to calculate the Composite formula for Adjusted Peak Performance formula for CTP from the end of Theoretical Performance (CTP) from the (APP) after EAR99. Category 4 to the end of Category 3, this end of Category 4 to the end of Category ECCN 4A001 is amended by: rule revises the definition of 3, because the implementation of a. Removing High Performance ‘‘Composite Theoretical Performance’’ Adjusted Peak Performance removed all Computer (XP) controls from the (‘‘CTP’’) to remove references to License Requirements section for references to CTP in Category 4 and CTP Category 4, and revises the information reasons set forth above in this only remains in Category 3. about where the formula for CTP may be background section of the rule; and found. The formula for CTP is no longer ECCN 3A991 is amended by revising b. Adding in the License Requirement necessary in Category 4, because CTP License Requirement Note 1 to: (1) Spell Note a reference to the paragraph has been replaced by APP throughout out the acronym CTP, and (2) Add a (4A001.a.2) that triggers the Wassenaar Category 4. However, the formula for reference about where to find reporting requirement in § 743.1 of the CTP is still necessary for Category 3, information on how to calculate CTP. EAR. because it is used in 3A991 (License ECCNs 3E001 and 3E002 are amended ECCN 4A003 is amended by: Requirement Note and 3A991.a.1), by revising License Exception CIV text a. Removing the Missile Technology 3E001 (License Exception CIV), and to spell out the acronym CTP, for (MT) and High Performance Computer 3E002 (Heading and License Exception clarification and to indicate that (XP) controls paragraph in the License CIV). Composite Theoretical Performance is a Requirement section for reasons set • defined term in section 772.1. forth above in the background section of With regard to ‘‘computing this rule; elements’’: Implementation of Wassenaar b. Revising the parameter and value in This rule implements an amendment Arrangement Agreements 4A003.b from CTP to APP and from to 4A003.c to revise the term 190,000 MTOPS to 0.75 WT; and ‘‘computing elements’’ (‘‘CE’’)’’ to read The following revisions are consistent c. Revising the text and parameter in ‘‘processors.’’ There are two conforming with agreements made by the Wassenaar 4A003.c (electronic assemblies) from changes to this revision in § 740.11(a)(4) Arrangement to replace the CTP formula ‘‘computing elements (CE)’’ to and § 740.11(c)(4) under License for calculating composite theoretical ‘‘processors.’’ Exception GOV. performance with the APP formula: ECCN 4A994 is amended by:

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a. Revising the parameter and value in exceed 0.75 WT. The amount of information, including suggestions for 4A994.b from CTP to APP and from 6 relaxation that may occur for any reducing the burden, to OMB Desk MTOPS to 0.00001 WT; particular family of computers will Officer, New Executive Office Building, b. Replacing the reference to CTP with depend on the technical specifics of the Washington, DC 20503; and to the APP in Note 1 to 4A994.c; and system architecture and the processor Office of Administration, Bureau of c. Revising the parameter and value in used in the family. Industry and Security, Department of 4A994.f from CTP to APP and from 8.5 Other Revisions Commerce, 14th and Pennsylvania MTOPS to 0.00001 WT, because there is Avenue, NW., Room 6883, Washington, little difference between the APP in This rule also makes an editorial DC 20230. 4A994.b and this paragraph and BIS correction to § 770.2(l)(2), Interpretation believes that it is easier to comply with 12: Computers by removing reference to 3. This rule does not contain policies regulations when numbers are 4A003.d and 4A003.f, which are with Federalism implications as that harmonized. currently reserved and not in use. term is defined under E.O. 13132. ECCN 4D001 is amended by revising: Although the Export Administration 4. The provisions of the a. Removing the High Performance Act expired on August 20, 2001, the Administrative Procedure Act (5 U.S.C. Computer (XP) controls paragraph in the President, through Executive Order 553) requiring notice of proposed License Requirement section for reasons 13222 of August 17, 2001, 3 CFR, 2001 rulemaking, the opportunity for public set forth above in the background Comp., p. 783 (2002), as extended by the participation, and a delay in effective section of this rule; Notice of August 2, 2005, 70 FR 45273 date, are inapplicable because this b. Revising the parameter and value in (August 5, 2005), has continued the regulation involves a military and 4D001.b.1 from CTP to APP and from Export Administration Regulations in foreign affairs function of the United 75,000 MTOPS to 0.04 WT; and effect under the International States (5 U.S.C. 553(a)(1)). Further, no Emergency Economic Powers Act. c. Revising the text and parameter in other law requires that a notice of 4D001.b.2 from ‘‘computing elements Rulemaking Requirements proposed rulemaking and an (CE)’’ to ‘‘processors’’ and the parameter opportunity for public comment be CTP to APP. 1. This final rule has been determined to be not significant for purposes of E.O. given for this final rule. Because a ECCN 4D002 is amended by removing notice of proposed rulemaking and an the High Performance Computer (XP) 12866. opportunity for public comment are not controls paragraph in the License 2. Notwithstanding any other required to be given for this rule under Requirement section for reasons set provision of law, no person is required the Administrative Procedure Act or by forth above in the background section of to respond to, nor shall any person be any other law, the analytical this rule. subject to a penalty for failure to comply ECCN 4E001 is amended by revising: with a collection of information, subject requirements of the Regulatory a. Removing the High Performance to the requirements of the Paperwork Flexibility Act (5 U.S.C. 601 et seq.) are Computer (XP) controls paragraph in the Reduction Act of 1995 (44 U.S.C. 3501 not applicable. Therefore, this License Requirement section for reasons et seq.) (PRA), unless that collection of regulation is issued in final form. set forth above in the background information displays a currently valid Although there is no formal comment section of this rule; Office of Management and Budget period, public comments on this b. Revising the parameter and value in (OMB) Control Number. This rule regulation are welcome on a continuing 4E001.b.1 from CTP to APP and from involves three collections of information basis. Comments should be submitted to 75,000 MTOPS to 0.04 WT; and subject to the PRA. The first collection Sharron Cook, Office of Exporter c. Revising the text and parameter in has been approved by OMB under Services, Bureau of Industry and 4E001.b.2 from ‘‘computing elements control number 0694–0088, ‘‘Multi- Security, Department of Commerce, P.O. (CE)’’ to ‘‘processors’’ and the parameter Purpose Application,’’ and carries a Box 273, Washington, DC 20044. CTP to APP. burden hour estimate of 58 minutes for a manual or electronic submission. The List of Subjects Definitions second collection has been approved by 15 CFR Part 730 This rule amends 772.1, Definitions of OMB under control number 0694–0106, Terms as Used in the Export ‘‘Reporting and Recordkeeping Administrative practice and Administration Regulations (EAR) by Requirements under the Wassenaar procedure, Advisory committees, adding the definition of ‘‘Adjusted Peak Arrangement,’’ and carries a burden Exports, Reporting and recordkeeping Performance’’ (‘‘APP’’). hour estimate of 21 minutes for a requirements, Strategic and critical manual or electronic submission. The materials. Effect on License Applications third collection has been approved by BIS expects that the implementation OMB under control number 0694–0073, 15 CFR Parts 732, 740, 748, 750, and of the new computer metric Adjusted ‘‘Export Controls of High Performance 752 Peak Performance (APP) will decrease Computers,’’ and carries a burden hour Administrative practice and the number of high performance estimate of 78 hours for a manual or procedure, Exports, Reporting and computer (ECCN 4A003.b) license electronic submission. This rule is recordkeeping requirements. applications received by BIS by about expected to result in an immediate 90 percent (i.e., 6 fewer applications decrease in license applications, and in 15 CFR Part 734 projected) over the next 6 months. The associated reporting and support new licensing threshold provides a documentation requirements, for high Administrative practice and relaxation of HPC export controls performance computers; however, this procedure, Exports, Inventions and because all computers that are equal to decrease may be reduced over time as patents, Research Science and or below 190,000 MTOPS are also below higher performance systems are technology. 0.75 WT, while certain computers with marketed. Send comments regarding 15 CFR Part 742 performance currently measured as these burden estimates or any other exceeding 190,000 MTOPS do not aspect of these collections of Exports, Terrorism.

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15 CFR Part 743 PART 732—[AMENDED] 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 Administrative practice and I 3. The authority citation for part 732 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. procedure, Reporting and recordkeeping is revised to read as follows: 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. requirements. 106–387; Sec. 221, Pub. L. 107–56; E.O. Authority: 50 U.S.C. app. 2401 et seq.; 50 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 15 CFR Parts 746 and 774 U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 Comp., p. 783; Notice of August 2, 2005, 70 Exports, Reporting and recordkeeping FR 44025, 3 CFR, 2001 Comp., p. 783; Notice FR 45273 (August 5, 2005). requirements. of August 2, 2005, 70 FR 45273 (August 5, 2005). § 738.2 [Amended] 15 CFR Part 762 § 732.4 [Amended] I 2. Section 738.2 is amended by Administrative practice and I 4. Section 732.4 is amended by removing the phrase ‘‘XP Computers’’ procedure, Business and industry, I a. Revising the phrase ‘‘List-based from the list at the end of paragraph Confidential business information, License Exceptions (LVS, GBS, CIV, (d)(2)(i)(A). Exports, Reporting and recordkeeping TSR, and CTP)’’ to read ‘‘List-based PART 740—[AMENDED] requirements. License Exceptions (LVS, GBS, CIV, 15 CFR Parts 738, 770 and 772 TSR, and APP) in paragraph (b)(3)(iii); I 3. The authority citation for part 740 and continues to read as follows: Exports. I b. Revising the phrase ‘‘under License Exceptions GBS, CIV, LVS, CTP, TSR, or Authority: 50 U.S.C. app. 2401 et seq.; 50 I Accordingly, parts 730, 732, 734, 738, GOV,’’ to read ‘‘under License U.S.C. 1701 et seq.; Sec. 901–911, Pub. L. 740, 742, 743, 746, 748, 750, 752, 762, Exceptions GBS, CIV, LVS, APP, TSR, or 106–387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 770, 772 and 774 of the Export GOV,’’ in paragraph (b)(3)(iv). Administration Regulations (15 CFR 3 CFR, 2001 Comp., p. 783; Notice of August 2, 2005, 70 FR 45273 (August 5, 2005). parts 730–799) are amended as follows: PART 734—[AMENDED] I I 4. Section 740.7 is revised to read as PART 730—[AMENDED] 1. The authority citation for part 734 follows: is revised to read as follows: I 1. The authority citation for part 730 Authority: 50 U.S.C. app. 2401 et seq.; 50 § 740.7 Computers (APP). is revised to read as follows: U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, (a) Scope. (1) Commodities. License Authority: 50 U.S.C. app. 2401 et seq.; 50 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 Exception APP authorizes exports and U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. reexports of computers, including 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. ‘‘electronic assemblies’’ and specially 287c; 22 U.S.C. 2151 note, Pub. L. 108–175; 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of November 4, 2004, designed components therefor 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 controlled by ECCN 4A003, except U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 69 FR 64637 (November 8, 2004); Notice of August 2, 2005, 70 FR 45273 (August 5, ECCN 4A003.e (equipment performing U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. analog-to-digital conversions exceeding 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. 2005). the limits in ECCN 3A001.a.5.a), 106–387; Sec. 221, Pub. L. 107–56; E.O. I 2. Section 734.4 is amended by 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. exported or reexported separately or as revising paragraph (a)(1) to read as part of a system for consumption in 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 follows: Comp., p. 133; E.O. 12058, 43 FR 20947, 3 Computer Tier countries as provided by CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR § 734.4 De minimis U.S. content. this section. When evaluating your 29783, 3 CFR, 1980 Comp., p. 256; E.O. (a) Items for which there is no de computer to determine License 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. minimis level. (1) There is no de Exception APP eligibility, use the APP 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 minimis level for the export from a parameter to the exclusion of other Comp., p. 179; E.O. 12918, 59 FR 28205, 3 technical parameters in ECCN 4A003. CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR foreign country of a foreign-made 59099, 3 CFR, 1994 Comp., p. 950; E.O. computer with an Adjusted Peak (2) Technology and software. License 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. Performance (APP) exceeding 0.75 Exception APP authorizes exports of 356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 Weighted TeraFLOPS (WT) containing technology and software controlled by Comp., p. 419; E.O. 13020, 61 FR 54079, 3 U.S.-origin controlled semiconductors ECCNs 4D001 and 4E001 specially CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR (other than memory circuits) classified designed or modified for the 58767, 3 CFR, 1996 Comp., p. 228; E.O. under ECCN 3A001 to Computer Tier 3; ‘‘development’’, ‘‘production’’, or ‘‘use’’ 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. or exceeding an APP of 0.002 WT of computers, including ‘‘electronic 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 assemblies’’ and specially designed Comp., p. 783; E.O. 13224, 66 FR 49079, 3 containing U.S.-origin controlled semiconductors (other than memory components therefor classified in ECCN CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 4A003, except ECCN 4A003.e 26751, May 13, 2004; Notice of August 2, circuits) classified under ECCN 3A001 2005, 70 FR 45273 (August 5, 2005); Notice or high speed interconnect devices (equipment performing analog-to-digital of October 25, 2005, 70 FR 62027 (October (ECCN 4A994.j) to Cuba, Iran, Libya, conversions exceeding the limits in 27, 2005). North Korea, Sudan, and Syria. ECCN 3A001.a.5.a), to Computer Tier * * * * * countries as provided by this section. I 2. Supplement No. 1 to part 730 is Technology for computers controlled for amended by revising ‘‘§ 742.12, PART 738—[AMENDED] missile technology (MT) reasons are not Supplement No. 3 to part 742, and eligible for License Exception APP. § 762.2(b)’’ to read ‘‘Supplement No. 2 I 1. The authority citation for part 738 (b) Restrictions. (1) Related equipment to part 748, paragraph (c)(2), and is revised to read as follows: controlled under ECCN 4A003.g may § 762.2(b)’’ in the third column Authority: 50 U.S.C. app. 2401 et seq.; 50 not be exported or reexported under this ‘‘Reference in the EAR’’ of row ‘‘0694– U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. License Exception when exported or 0073’’. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. reexported separately from eligible

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computers authorized under this Burkina Faso, Burma, Burundi, than the destinations that are listed in License Exception. Cameroon, Cape Verde, Central African paragraph (c)(3)(i) of this section, (2) Access and release restrictions. (i) Republic, Chad, Chile, Colombia, Congo subject to the restrictions in paragraph Computers and software. Computers (Democratic Republic of the), Congo (b) of this section. and software eligible for License (Republic of the), Costa Rica, Cote (iii) ‘‘Use’’ technology and source Exception APP may not be accessed d’Ivoire, Cyprus, Czech Republic, code described in paragraph (a)(2) of either physically or computationally by Denmark, Dominica, Dominican this section for computers with a APP nationals of Cuba, Iran, Libya, North Republic, East Timor, Ecuador, El less than or equal to 0.75 WT are Korea, Sudan, or Syria, except that Salvador, Equatorial Guinea, Eritrea, eligible for deemed exports under commercial consignees described in Estonia, Ethiopia, Fiji, Finland, France, License Exception APP to foreign Supplement No. 3 to part 742 of the Gabon, Gambia (The), Germany, Ghana, nationals of Tier 1 destinations, other EAR are prohibited only from giving Greece, Grenada, Guatemala, Guinea, than the destinations that are listed in such nationals user-accessible Guinea-Bissau, Guyana, Haiti, paragraph (c)(3)(i) of this section, programmability. Honduras, Hong Kong, Hungary, subject to the restrictions in paragraph (ii) Technology and source code. Iceland, Indonesia, Ireland, Italy, (b) of this section. Technology and source code eligible for Jamaica, Japan, Kenya, Kiribati, Korea (d) Computer Tier 3 destinations. (1) License Exception APP may not be (Republic of), Latvia, Lesotho, Liberia, Eligible destinations. Eligible released to nationals of Cuba, Iran, Liechtenstein, Lithuania, Luxembourg, destinations under paragraph (d) of this Libya, North Korea, Sudan, or Syria. Madagascar, Malawi, Malaysia, section are: Afghanistan, Albania, (3) Computers and software eligible Maldives, Mali, Malta, Marshall Islands, Algeria, Andorra, Angola, Armenia, for License Exception APP may not be Mauritius, Mexico, Micronesia Azerbaijan, Bahrain, Belarus, Bosnia & reexported or transferred (in country) (Federated States of), Monaco, Herzegovina, Cambodia, China (People’s without prior authorization from BIS, Mozambique, Namibia, Nauru, Nepal, Republic of), Comoros, Croatia, Djibouti, i.e., a license, a permissive reexport, Netherlands, Netherlands Antilles, New Egypt, Georgia, India, Iraq, Israel, another License Exception, or ‘‘No Zealand, Nicaragua, Niger, Nigeria, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, License Required’’. This restriction must Norway, Palau, Panama, Papua New Laos, Lebanon, Macau, Macedonia (The be conveyed to the consignee, via the Guinea, Paraguay, Peru, Philippines, Former Yugoslav Republic of), Destination Control Statement, see Poland, Portugal, Romania, Rwanda, St. Mauritania, Moldova, Mongolia, § 758.6 of the EAR. Additionally, the Kitts & Nevis, St. Lucia, St. Vincent and Morocco, Oman, Pakistan, Qatar, Russia, end-use and end-user restrictions in the Grenadines, Sao Tome & Principe, Serbia and Montenegro, Saudi Arabia, paragraph (b)(5) of this section must be Samoa, San Marino, Senegal, Tajikistan, Tunisia, Turkmenistan, conveyed to any consignee in Computer Seychelles, Sierra Leone, Singapore, Ukraine, United Arab Emirates, Tier 3. Slovakia, Slovenia, Solomon Islands, Uzbekistan, Vanuatu, Vietnam, and (4) You may not use this License Somalia, South Africa, Spain, Sri Lanka, Yemen. Exception to export or reexport items Surinam, Swaziland, Sweden, (2) Eligible commodities. None. that you know will be used to enhance Switzerland, Taiwan, Tanzania, Togo, (3) Eligible technology and source the APP beyond the eligibility limit Tonga, Thailand, Trinidad and Tobago, code. (i) ‘‘Development,’’ and allowed to your country of destination. Turkey, Tuvalu, Uganda, United ‘‘production’’ technology and source (5) License Exception APP does not Kingdom, Uruguay, Vatican City, code described in paragraph (a)(2) of authorize exports and reexports for Venezuela, Western Sahara, Zambia, this section for computers with a APP nuclear, chemical, biological, or missile and Zimbabwe. less than or equal to 0.1 Weighted end-users and end-uses subject to (2) Eligible commodities. All TeraFLOPS (WT) are eligible for deemed license requirements under § 744.2, computers, including electronic exports under License Exception APP to § 744.3, § 744.4, and § 744.5 of the EAR. assemblies and specially designed foreign nationals of Tier 3 destinations Such exports and reexports will components therefore are eligible for as described in paragraph (d)(1) of this continue to require a license and will be export or reexport under License section, subject to the restrictions in considered on a case-by-case basis. Exception APP to Tier 1 destinations, paragraph (b) and the provisions of Reexports and transfers (in country) to subject to the restrictions in paragraph paragraph (d)(4) of this section. these end-users and end-uses in eligible (b) of this section. (ii) ‘‘Use’’ technology and source code countries are strictly prohibited without (3) Eligible technology and software. described in paragraph (a)(2) of this prior authorization. (i) Technology and software described section for computers with an APP less (6) Foreign nationals in an expired in paragraph (a)(2) of this section for than or equal to 0.75 WT are eligible for visa status are not eligible to receive computers of unlimited APP are eligible deemed exports under License deemed exports of technology or source for export or reexport under License Exception APP to foreign nationals of code under this License Exception. It is Exception APP to: Australia, Austria, Tier 3 destinations as described in the responsibility of the exporter to Belgium, Canada, Denmark, Finland, paragraph (d)(1) of this section, subject ensure that, in the case of deemed France, Germany, Greece, Ireland, Italy, to the restrictions in paragraph (b) and exports, the foreign national maintains a Japan, Luxembourg, Netherlands, New the provisions of paragraph (d)(4) of this valid U.S. visa, if required to hold a visa Zealand, Norway, Portugal, Spain, section. from the United States. Sweden, Switzerland, Turkey, or the (4) Foreign National Review (FNR) (c) Computer Tier 1 destinations. (1) United Kingdom; and requirement for deemed exports. (i) Eligible destinations. The destinations (ii) ‘‘Development’’ and ‘‘production’’ Submission requirement. Prior to that are eligible to receive exports and technology and source code described disclosing eligible technology or source reexports under paragraph (c) of this in paragraph (a)(2) of this section for code to a foreign national of a Computer section include: Antigua and Barbuda, computers with a APP less than or equal Tier 3 country that is not also a country Argentina, Aruba, Australia, Austria, to 0.1 Weighted TeraFLOPS (WT) are listed in Country Group B in Bahamas (The), Bangladesh, Barbados, eligible for deemed exports under Supplement No. 1 to part 740 of the Belgium, Belize, Benin, Bhutan, Bolivia, License Exception APP to foreign EAR under this License Exception, you Botswana, Brazil, Brunei, Bulgaria, nationals of Tier 1 destinations, other must submit a Foreign National Review

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(FNR) request to BIS, as required under § 740.11 Governments, international § 742.12 [Removed] organizations, and international inspections § 748.8(s) of the EAR. Your FNR request I under the Chemical Weapons Convention 9. Section 742.12 is removed and must include information about the reserved. foreign national required under (GOV). § 748.8(t) of the EAR and set forth in * * * * * § 742.19 [Removed] Supplement No. 2 of part 748 of the (a) * * * I 10. Section 742.19 is amended by EAR. (4) Restrictions. Nationals of countries in Country Group E:1 may not revising the sentence ‘‘Digital computers (ii) Confirmation of eligibility. You physically or computationally access with a CTP above 2000.’’ to read may not use License Exception APP, computers that have been enhanced by ‘‘Digital computers with an Adjusted until you have obtained confirmation of ‘‘electronic assemblies’’, which have Peak Performance (APP) exceeding eligibility by calling the System for been exported or reexported under 0.0004 Weighted TeraFLOPS (WT).’’ in Tracking Export License Applications License Exception GOV and have been paragraph (b)(1)(xviii). (STELA), see § 750.5 for how to use used to enhance such computers by I STELA, or electronically from the 11. Supplement No. 2 is amended by: aggregation of processors so that the Simplified Network Application I a. Revising the phrase ‘‘Digital APP of the aggregation exceeds the APP Procedure (SNAP), see http:// computers with a CTP of 6 or above,’’ parameter set forth in ECCN 4A003.b. of www.bis.doc.gov/SNAP/index.htm for to read ‘‘Digital computers with an APP the Commerce Control List in more information about SNAP. of .00001 WT or above,’’ in the heading Supplement No. 1 to part 774 of the (iii) Action by BIS. Within nine to paragraph (c)(24); EAR, without prior authorization from I b. Revising the phrase ‘‘Computers business days of the registration of the the Bureau of Industry and Security. FNR request, BIS will electronically with a CTP above 2000 MTOPS:’’ to refer the FNR request for interagency * * * * * read ‘‘Computers with an APP (c) * * * review, or if necessary return the FNR exceeding 0.0004 WT:’’ in paragraph (4) Restrictions. Nationals of countries request without action (e.g., if the (c)(24)(iv)(A); and in Country Group E:1 may not information provided is incomplete). I c. Revising the phrase ‘‘Computers physically or computationally access Processing time starts at the point at with a CTP at or below 2000 MTOPS:’’ computers that have been enhanced by which the notification is registered into to read ‘‘Computers with an APP equal ‘‘electronic assemblies’’, which have BIS’s electronic system. to or less than 0.0004 WT:’’ in paragraph been exported or reexported under (c)(24)(iv)(B). (iv) Review by other departments or License Exception GOV and have been agencies. The Departments of Defense, used to enhance such computers by I 12. Supplement No. 3 is removed and State, Energy, and other agencies, as aggregation of processors so that the reserved. appropriate, may review the FNR APP of the aggregation exceeds the APP PART 743—[AMENDED] request. Within 30 calendar days of parameter set forth in ECCN 4A003.b. of receipt of the BIS referral, the reviewing the Commerce Control List in I 13. The authority citation for part 743 agency will provide BIS with a Supplement No. 1 to part 774 of the is revised to read as follows: recommendation either to approve or EAR, without prior authorization from deny the FNR request. A reviewing the Bureau of Industry and Security. Authority: 50 U.S.C. app. 2401 et seq.; Pub. agency that fails to provide a L. 106–508; 50 U.S.C. 1701 et seq.; Notice of recommendation within 30 days shall * * * * * August 2, 2005, 70 FR 45273 (August 5, be deemed to have no objection to the § 740.19 [Amended] 2005). final decision of BIS. I 7. Section 740.19 is amended by I 14. Section 743.1 is amended by (v) Action on the FNR Request. After revising the sentence ‘‘4A994, for items revising the phrase ‘‘License Exceptions the interagency review period, BIS will with CTP levels up to12,000 MTOPS; GBS, CIV, TSR, LVS, CTP,’’ to read promptly notify the applicant regarding and’’ to read ‘‘4A994, for items with an ‘‘License Exceptions GBS, CIV, TSR, the FNR request, i.e., whether the FNR Adjusted Peak Performance (APP) equal LVS, APP,’’ in paragraph (b)(1). request is approved, denied, or more to or less than 0.003 Weighted time is needed to consider the request. I 15. Section 743.1 is amended by TeraFLOPS; and’’ in paragraph revising paragraph (c)(2) to read as (e) Reporting requirements. See (a)(2)(iv). § 743.1 of the EAR for reporting follows: requirements of certain items under PART 742—[AMENDED] § 743.1 Wassenaar arrangement. License Exception APP. I 8. The authority citation for part 742 * * * * * I 5. Section 740.9 is amended by continues to read as follows: (c) * * * revising the phrase ‘‘Personal computers (2) Reports for ‘‘software’’ controlled (including laptops) controlled under Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.; by 4D001 (that is specially designed), ECCN 4A994 that do not exceed a and ‘‘technology’’ controlled by 4E001 composite theoretical performance of 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub. L. (according to the General Technology 6,500 millions of theoretical operations 107–56; Sec. 1503, Pub. L. 108–11,117 Stat. Note in Supplement No. 2 to part 774 per second’’ to read ‘‘Personal 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 of the EAR) are required for the computers (including laptops) Comp., p. 179; E.O. 12851, 58 FR 33181, 3 ‘‘development’’ or ‘‘production’’ of controlled under ECCN 4A994 that do CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR computers controlled under 4A001.a.2, not an exceed Adjusted Peak 59099, 3 CFR, 1994 Comp., p. 950; E.O. or for the ‘‘development’’ or Performance (APP) of 0.0015 Weighted 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. ‘‘production’’ of ‘‘digital computers’’ 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 TeraFLOPS (WT)’’ in paragraph having an ‘‘Adjusted Peak Performance’’ (a)(2)(i)(B)(1). Comp., p. 783; Presidential Determination 2003–23 of May 7, 2003, 68 FR 26459, May (‘‘APP’’) exceeding 0.1 Weighted I 6. Section 740.11 is amended by 16, 2003; Notice of November 4, 2004, 69 FR TeraFLOPS (WT). For the calculation of revising paragraphs (a)(4) and (c)(4) to 64637 (November 8, 2004); Notice of August APP, see the Technical Note for read as follows: 2, 2005, 70 FR 45273 (August 5, 2005). Category 4 in the Commerce Control List

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(Supplement No. 2 to part 774 of the delivered to one of the following equipment containing a computer as EAR). addresses. Note that BIS will not accept described in Supplement No. 2 to this * * * * * reports sent C.O.D. part. Instructions on calculating the APP (1) For deliveries by U.S. postal I 16. Part 743 is amended by adding are contained in a Technical Note at the service: U.S. Department of Commerce, section 743.2 to read as follows: end of Category 4 in the CCL. Bureau of Industry and Security, P.O. * * * * * § 743.2 High Performance Computers: Box 273, Washington, DC 20044, Attn: I 22. Supplement No. 2 to part 748 is Post Shipment Verification Reporting. Office of Enforcement Analysis HPC amended by revising paragraph (c) to Team, Room 4065. (a) Scope. This section outlines read as follows: special post-shipment reporting (2) For courier deliveries: U.S. requirements for exports of certain Department of Commerce, Office of Supplement No. 2 to Part 748—Unique computers to destinations in Computer Enforcement Analysis, HPC Team, 14th Application and Submission Tier 3, see § 740.7(d) for a list of these Street and Constitution Ave., NW., Requirements destinations. Post-shipment reports Room 4065, Washington, DC 20230. * * * * * must be submitted in accordance with PART 746—[AMENDED] (c) Computers, telecommunications, the provisions of this section, and all information security items, and related relevant records of such exports must be I 17. The authority citation for part 746 equipment. If your license application kept in accordance with part 762 of the continues to read as follows: includes items controlled by both EAR. Category 4 and Category 5, your license (b) Requirement. Exporters must file Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, application must be submitted under post-shipment reports and keep records Pub. L. 108–11,117 Stat. 559; 22 U.S.C. 6004; Category 5 of the Commerce Control List in accordance with recordkeeping Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub. (§ 774.1 of the EAR)—see Category 5 requirements in part 762 of the EAR for L. 107–56; E.O. 12854, 58 FR 36587, 3 CFR Part 1 Notes 1 and 2 and Part 2 Note 1. high performance computer exports to 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, License applications including destinations in Computer Tier 3, as well 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 computers controlled by Category 4 as, exports of commodities used to CFR, 2001 Comp., p. 783; Presidential must identify an ‘‘Adjusted Peak enhance computers previously exported Determination 2003–23 of May 7, 2003, 68 Performance’’ (‘‘APP’’) in Block 22(b). If or reexported to Computer Tier 3 FR 26459, May 16, 2003; Notice of August 2, 2005, 70 FR 45273 (August 5, 2005). the principal function is destinations, where the ‘‘Adjusted Peak telecommunications, an APP is not Performance’’ (‘‘APP’’) is greater than § 746.3 [Amended] required. Computers, related equipment, 0.75 Weighted TeraFLOPS (WT). I 18. Section 746.3 is amended by or software performing (c) Information that must be included revising the phrase ‘‘NS, MT, NP, CW, telecommunication or local area in each post-shipment report. No later CB, RS, CC, EI, SI, or XP reasons.’’ to network functions will be evaluated than the last day of the month following read ‘‘NS, MT, NP, CW, CB, RS, CC, EI, against the telecommunications the month in which the export takes or SI reasons.’’ in paragraph (a)(1). performance characteristics of Category place, the exporter must submit the I 5 Part 1, while information security following information to BIS at the 19. Section 746.3 is amended by revising the phrase ‘‘following License commodities, software and technology address listed in paragraph (d) of this will be evaluated against the section: Exceptions: CIV, CTP, TMP, RPL, GOV, GFT, TSU, BAG, AVS, ENC or KMI.’’ to information security performance (1) Exporter name, address, and characteristics of Category 5 Part 2. telephone number; read ‘‘following License Exceptions: CIV, APP, TMP, RPL, GOV, GFT, TSU, If your license application involves (2) License number; items controlled by both Category 4 and (3) Date of export; BAG, AVS, ENC or KMI.’’ in paragraph (c). Category 5, your license application (4) End-user name, point of contact, must be submitted under Category 5— address, telephone number; PART 748—[AMENDED] see Category 5 Part 1 Notes 1 and 2 and (5) Carrier; Part 2 Note 1. License applications (6) Air waybill or bill of lading I 20. The authority citation for part 748 involving computers controlled by number; continues to read as follows: Category 4 must identify an Adjusted (7) Commodity description, Peak Performance (APP) in Block 22(b). quantities—listed by model numbers, Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, If the principal function is serial numbers, and APP level in WT; 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 telecommunications, an APP is not and FR 44025, 3 CFR, 2001 Comp., p. 783; Notice required. Computers, related equipment, (8) Certification line for exporters to of August 2, 2005, 70 FR 45273 (August 5, or software performing sign and date. The exporter must certify 2005). telecommunication or local area that the information contained in the I 21. Supplement No. 1 to part 748 is network functions will be evaluated report is accurate to the best of his or against the telecommunications her knowledge. amended by revising paragraph (b) under Block 22 to read as follows: performance characteristics of Category Note to Paragraph (c) of this Section: 5 Part 1, while information security Exporters are required to provide the PRC Supplement No. 1 to Part 748—BIS– commodities, software and technology End-User Certificate Number to BIS as part of 748P, BIS–748P–A: Item Appendix, and will be evaluated against the their post-shipment report. When providing BIS–748P–B: End-User Appendix; information security performance the PRC End-User Certificate Number to BIS, Multipurpose Application Instructions characteristics of Category 5 Part 2. you must identify the transaction in the post (1) Requirements for license shipment report to which that PRC End-User * * * * * Certificate Number applies. Block 22: * * * applications that include computers. If (b) CTP. You must enter the you are submitting a license application (d) Mailing address. A copy of the ‘‘Adjusted Peak Performance’’ (‘‘APP’’) to export or reexport computers or post-shipment report[s] required under in this Block if your application equipment containing computers to paragraph (b) of this section shall be includes a digital computer or destinations in Country Group D:1 (See

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Supplement No. 1 to part 740 of the Supplement No. 1 to Part 752— (2) Related equipment classified EAR), or to upgrade existing computer Instructions for Completing Form BIS– under ECCN 4A003.e or .g may be installations in those countries, you 748P–B, ‘‘Item Annex’’ exported or reexported under License must also include technical * * * * * Exceptions GBS or CIV. When related specifications and product brochures to Block 22: * * * equipment is exported or reexported as corroborate the data supplied in your (b) CTP. You must enter the part of a computer system, NLR or license application, in addition to the ‘‘Adjusted Peak Performance’’ (‘‘APP’’) License Exception APP is available for APP in Block 22(b). in this block if you intend to export or the computer system and the related (2) Security Safeguard Plan reexport a computer or equipment that equipment, as appropriate. requirement. The United States requires contains a computer. Instructions on * * * * * security safeguards for exports, calculating the APP are contained in a reexports, and in-country transfers of Technical Note at the end of Category 4 PART 772—[AMENDED] High Performance Computers (HPCs) to in the CCL. ensure that they are used for peaceful I 31. The authority citation for part 772 purposes. If you are submitting a license * * * * * is revised to read as follows: application for an export, reexport, or PART 762—[AMENDED] Authority: 50 U.S.C. app. 2401 et seq.; 50 in-country transfer of a high U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, performance computer to or within a I 27. The authority citation for part 762 3 CFR, 2001 Comp., p. 783; Notice of August destination in Computer Tier 3 (see is revised to read as follows: 2, 2005, 70 FR 45273 (August 5, 2005). § 740.7(c)(1) of the EAR) or to Cuba, Authority: 50 U.S.C. app. 2401 et seq.; 50 I 32. Section 772.1 is amended by: Iran, Libya, North Korea, Sudan, or I a. Adding in alphabetical order the Syria you must include with your U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August definitions of ‘‘Adjusted Peak license application a security safeguard 2, 2005, 70 FR 45273 (August 5, 2005). Performance (APP)’’, and ‘‘APP’’, as set plan signed by the end-user, who may I forth below; and also be the ultimate consignee. This 28. Section 762.2 is amended by I b. Revising the definition of requirement also applies to exports, revising (b)(6) to read as follows: ‘‘Composite theoretical performance reexports, and in-country transfers of (CTP)’’, as set forth below. components or electronic assemblies to § 762.2 Records to Be Retained. upgrade existing ‘‘computer’’ * * * * * § 772.1 Definitions of Terms as Used in the installations in those countries. A (b) * * * Export Administration Regulations (EAR). sample security safeguard plan is posted (6) § 743.2, High Performance * * * * * on BIS’s Web page at http:// Computers ‘‘APP’’ See ‘‘Adjusted Peak www.bis.doc.gov/hpcs/ Performance.’’ This term may also SecuritySafeguardPlans.html. * * * * * appear without quotation marks. ‘‘Adjusted Peak Performance’’ (APP). * * * * * PART 770—[AMENDED] (Cat 4) An adjusted peak rate at which PART 750—[AMENDED] I 29. The authority citation for part 770 ‘‘digital computers’’ perform 64-bit or continues to read as follows: larger floating point additions and I 23. The authority citation for part 750 multiplications. The formula to is revised to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 calculate APP is contained in a U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, Authority: 50 U.S.C. app. 2401 et seq.; 50 technical note at the end of Category 4 3 CFR, 2001 Comp., p. 783; Notice of August U.S.C. 1701 et seq.; Sec 1503, Pub.L. 108– 2, 2005, 70 FR 45273 (August 5, 2005). of the Commerce Control List. 11,117 Stat. 559; E.O. 13026, 61 FR 58767, 3 * * * * * CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR I 30. Section 770.2 is amended by ‘‘Composite theoretical performance’’. 44025, 3 CFR, 2001 Comp., p. 783; revising paragraph (l) to read as follows: Presidential Determination 2003–23 of May (CTP) (Cat 3)—A measure of 7, 2003, 68 FR 26459, May 16, 2003; Notice § 770.2 Item Interpretations. computational performance given in of August 2, 2005, 70 FR 45273 (August 5, millions of theoretical operations per 2005). * * * * * second (MTOPS), calculated using the (l) Interpretation 12: Computers. (1) aggregation of ‘‘computing elements § 750.4 [Amended] Digital computers or computer systems (CE)’’. (see Category 3, Technical Note.) I 24. Section 750.4 is amended to classified under ECCN 4A003.a, .b, or .c, This term may also appear without remove the phrase ‘‘, except digital that qualify for ‘‘No License Required’’ quotation marks. The formula to computers with a Composite Theoretical (NLR) must be evaluated on the basis of calculate the CTP is contained in a performance (CTP) less than 500 Adjusted Peak Performance (APP) alone, technical note titled ‘‘Information on MTOPS’’ in paragraph (b)(6)(ii)(A). to the exclusion of all other technical How to Calculate ‘‘Composite parameters. Theoretical Performance’’ at the end of Digital computers or computer PART 752—[AMENDED] Category 3 of the CCL. systems classified under ECCN 4A003.a, I 25. The authority citation for part 752 .b, or .c that qualify for License * * * * * is revised to read as follows: Exception APP must be evaluated on the PART 774—[AMENDED] Authority: 50 U.S.C. app. 2401 et seq.; 50 basis of APP, to the exclusion of all U.S.C. 1701 et seq.; E.O. 13020, 61 FR 54079, other technical parameters, except for I 33. The authority citation for part 774 3 CFR, 1996 Comp. p. 219; E.O. 13222, 66 FR ECCN 4A003.e (equipment performing is revised to read as follows: 44025, 3 CFR, 2001 Comp., p. 783; Notice of analog-to-digital conversions exceeding Authority: 50 U.S.C. app. 2401 et seq.; 50 August 2, 2005, 70 FR 45273 (August 5, the limits in ECCN 3A001.a.5.a). 2005). U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Assemblies performing analog-to-digital 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. I 26. Supplement No. 2 to part 752 is conversions are evaluated under 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; amended by revising Block 22 Category 3—Electronics, ECCN 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 paragraph (b) to read as follows: 3A001.a.5.a. U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app.

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466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. (‘‘CTP’’) less than or equal to 40,000 Information on How To Calculate 106–387; Sec. 221, Pub. L. 107–56; E.O. MTOPS (regardless of word length or ‘‘Composite Theoretical Performance 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. access width). Deemed exports under (‘‘CTP’’) 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 License Exception CIV are subject to a Comp., p. 783; Notice of August 2, 2005, 70 Technical Note: FR 45273 (August 5, 2005). Foreign National Review (FNR) requirement, see § 740.5 of the EAR for Composite Theoretical Performance’’ I 34. In Supplement No. 1 to part 774 more information about the FNR. (‘‘CTP’’) (the Commerce Control List), Category License Exception CIV does not apply to Abbreviations Used in This Technical 3—Electronics, ECCN 3A991 is ECCN 3E001 technology for 3A001.a.3.c Note amended by adding License required for the development or Requirement notes 1 and 2, to read as production of other items controlled ‘‘CE’’ ‘‘computing element’’ (typically follows: under ECCNs beginning with 3A, 3B, or an arithmetic logical unit) FP floating point 3A991 Electronic devices and 3C, or to ECCN 3E001 technology also XP fixed point components not controlled by 3A001. controlled under ECCN 3E003. TSR: * * * t execution time * * * * * * * * * * XOR exclusive OR License Requirements I 36. In Supplement No. 1 to part 774 CPU central processing unit TP theoretical performance (of a single Reason for Control: AT (the Commerce Control List), Category 3—Electronics, ECCN 3E002 is amended ‘‘CE’’) ‘‘CTP’’ ‘‘composite theoretical Control(s) Country chart by revising the CIV paragraph of the License Exception section, to read as performance’’ (multiple ‘‘CEs’’) AT applies to entire entry .... AT Column 1. follows: R effective calculating rate WL word length See §§ 740.19 and 742.20 of the EAR 3E002 ‘‘Technology’’ according to the L word length adjustment for additional information on Libya. General Technology Note other than * multiply that controlled in 3E001 for the License Requirements Notes: 1. Execution time t is expressed in Microprocessors with a ‘‘Composite ‘‘development’’ or ‘‘production’’ of ‘‘microprocessor microcircuits’’, microseconds, TP and ‘‘CTP’’ are Theoretical Performance’’ (‘‘CTP’’) expressed in millions of theoretical below 550 MTOPS listed in ‘‘micro-computer microcircuits’’ and microcontroller microcircuits having a operations per second (MTOPS) and WL subparagraphs (a)(2) or (a)(3) of this is expressed in bits. entry may be shipped NLR (No License ‘‘composite theoretical performance’’ Required) when destined to North (‘‘CTP’’) of 530 million theoretical Outline of ‘‘CTP’’ Calculation Method operations per second (MTOPS) or Korea, provided restrictions set forth in ‘‘CTP’’ is a measure of computational more and an arithmetic logic unit with other sections of the EAR (e.g., end-use performance given in MTOPS. In an access width of 32 bits or more. restrictions), do not apply. See calculating the ‘‘CTP’’ of an aggregation ‘‘Information on How to Calculate * * * * * of ‘‘CEs’’ the following three steps are ‘‘Composite Theoretical Performance’’ License Exceptions required: (‘‘CTP’’)’’ at the end of Category 3. 1. Calculate the effective calculating 2. See 744.17 of the EAR for CIV: Yes, for deemed exports, as rate R for each ‘‘CE’; additional license requirements for described in § 734.2(b)(2)(ii) of the EAR, 2. Apply the word length adjustment commodities classified as 3A991.a.1. of ‘‘technology’’ for the ‘‘development’’ (L) to the effective calculating rate (R), * * * * * or ‘‘production’’ of general purpose resulting in a Theoretical Performance I 35. In Supplement No. 1 to part 774 microprocessors with a ‘‘Composite (TP) for each ‘‘CE’; (the Commerce Control List), Category Theoretical Performance’’ (‘‘CTP’’) less 3. If there is more than one ‘‘CE’’, 3—Electronics, ECCN 3E001 is amended than or equal to 40,000 MTOPS combine the TPs, resulting in a ‘‘CTP’’ by revising the CIV paragraph of the (regardless of word length or access for the aggregation. License Exception section, to read as width). Deemed exports under License Details for these steps are given in the follows: Exception CIV are subject to a Foreign following sections. National Review (FNR) requirement, see 3E001 ‘‘Technology’’ according to the § 740.5 of the EAR for more information Note 1: For aggregations of multiple ‘‘CEs’’ General Technology Note for the about the FNR. License Exception CIV that have both shared and unshared memory ‘‘development’’ or ‘‘production’’ of does not apply to ECCN 3E002 subsystems, the calculation of ‘‘CTP’’ is equipment or materials controlled by technology also required for the completed hierarchically, in two steps: First, aggregate the groups of ‘‘CEs’’ sharing 3A (except 3A292, 3A980, 3A981, development or production of items 3A991 or 3A992), 3B (except 3B991 or memory; second, calculate the ‘‘CTP’’ of the controlled under ECCNs beginning with groups using the calculation method for 3B992) or 3C. 3A, 3B, or 3C, or to ECCN 3E002 multiple ‘‘CEs’’ not sharing memory. * * * * * technology also controlled under ECCN 3E003. Note 2: ‘‘CEs’’ that are limited to input/ License Exceptions TSR: * * * output and peripheral functions (e.g., disk CIV: Yes for deemed exports, as * * * * * drive, communication and video display controllers) are not aggregated into the ‘‘CTP’’ I described in § 734.2(b)(2)(ii) of the EAR, 37. In Supplement No. 1 to part 774 calculation. of technology for the development or (the Commerce Control List), Category The following table shows the method of production of microprocessor 3—Electronics is amended by adding a calculating the Effective Calculating Rate R microcircuits, micro-computer technical note after EAR99, to read as for each ‘‘CE’: microcircuits, and microcontroller follows: microcircuits having the characteristics Step 1: The effective calculating rate described in 3A001.a.3.c with a Category 3—Electronics R ‘‘Composite Theoretical Performance’’ * * * * * BILLING CODE 3510–33–P

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BILLING CODE 3510–33–C vector function, use the shorter Rates should be calculated for all Note W: For a pipelined ‘‘CE’’ capable of execution time value. supported operand lengths considering executing up to one arithmetic or logic Note Y: For the ‘‘CE’’ that does not both pipelined operations (if operation every clock cycle after the pipeline implement FP add or FP multiply, but that supported), and non-pipelined is full, a pipelined rate can be established. performs FP divide: operations using the fastest executing The effective calculating rate (R) for such a instruction for each operand length ‘‘CE’’ is the faster of the pipelined rate or based on: non-pipelined execution rate. 1. Pipelined or register-to-register Note X: For a ‘‘CE’’ that performs multiple operations. Exclude extraordinarily operations of a specific type in a single cycle short execution times generated for (e.g., two additions per cycle or two identical operations on a predetermined operand logic operations per cycle), the execution or operands (for example, multiplication time t is given by: by 0 or 1). If no register-to-register operations are implemented, continue If the ‘‘CE’’ implements FP reciprocal but with (2). not FP add, FP multiply or FP divide, then 2. The faster of register-to-memory or memory-to-register operations; if these also do not exist, then continue with (3). 3. Memory-to-memory. In each case above, use the shortest execution time certified by the manufacturer. ‘‘CEs’’ that perform different types of Step 2: TP for each supported arithmetic or logic operations in a single operand length WL If none of the specified instructions is ′ machine cycle are to be treated as implemented, the effective FP rate is 0. Adjust the effective rate R (or R ) by multiple separate ‘‘CEs’’ performing the word length adjustment L as simultaneously (e.g., a ‘‘CE’’ performing Note Z: In simple logic operations, a single follows: an addition and a multiplication in one instruction performs a single logic TP = R * L, where L = (1/3 + WL/96) cycle is to be treated as two ‘‘CEs’’, the manipulation of no more than two operands Note: The word length WL used in these first performing an addition in one cycle of given lengths. In complex logic operations, calculations is the operand length in bits. (If and the second performing a a single instruction performs multiple logic an operation uses operands of different multiplication in one cycle). If a single manipulations to produce one or more results lengths, select the largest word length.) The ‘‘CE’’ has both scalar function and from two or more operands. combination of a mantissa ALU and an

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exponent ALU of a floating point processor ‘‘CTP’’ for aggregations of multiple Note 3: [RESERVED] or unit is considered to be one ‘‘CE’’ with a ‘‘CEs’’ operating simultaneously is Word Length (WL) equal to the number of calculated as follows: Note 4: [RESERVED] bits in the data representation (typically 32 or 64) for purposes of the ‘‘CTP’’ calculation. Note 1: For aggregations that do not allow Note 5: ‘‘CTP’’ values must be aggregated all of the ‘‘CEs’’ to run simultaneously, the for multiple ‘‘CEs’’ specially designed to This adjustment is not applied to possible combination of ‘‘CEs’’ that provides enhance performance by aggregation, specialized logic processors that do not the largest ‘‘CTP’’ should be used. The TP of operating simultaneously and sharing use XOR instructions. In this case TP = each contributing ‘‘CE’’ is to be calculated at memory—or multiple memory/’’CE’’— R. its maximum value theoretically possible combinations operating simultaneously Select the maximum resulting value before the ‘‘CTP’’ of the combination is utilizing specially designed hardware. of TP for: derived. ‘‘CTP’’ = TP + C * TP + . . . + C * N.B.: To determine the possible 1 2 2 n Each XP-only ‘‘CE’’ (Rxp); combinations of simultaneously operating TPn, Each FP-only ‘‘CE’’ (Rfp); ‘‘CEs’’, generate an instruction sequence that Where the TPs are ordered by value, Each combined FP and XP ‘‘CE’’ (R); initiates operations in multiple ‘‘CEs’’, with TP1 being the highest, TP2 being Each simple logic processor not beginning with the slowest ‘‘CE’’ (the one the second highest, . . . and TPn being needing the largest number of cycles to implementing any of the specified the lowest. Ci is a coefficient determined arithmetic operations; and complete its operation) and ending with the by the strength of the interconnection Each special logic processor not using fastest ‘‘CE’’. At each cycle of the sequence, between ‘‘CEs’’, as follows: any of the specified arithmetic or logic the combination of ‘‘CEs’’ that are in operations. operation during that cycle is a possible For multiple ‘‘CEs’’ operating Step 3: ‘‘CTP’’ for aggregations of combination. The instruction sequence must simultaneously and sharing memory: take into account all hardware and/or C = C = C = . . . = C = 0.75 ‘‘CEs’’, including CPUs. architectural constraints on overlapping 2 3 4 n For a CPU with a single ‘‘CE’’, ‘‘CTP’’ operations. Note 1: When the ‘‘CTP’’ calculated by the = TP (for ‘‘CEs’’ performing both fixed above method does not exceed 194 MTOPS, and floating point operations TP = max Note 2: A single integrated circuit chip or the following formula may be used to (TPfp, TPxp)) board assembly may contain multiple ‘‘CEs’’. calculate Ci:

Where m = the number of ‘‘CEs’’ or The value of Ci is based on the amended by revising the License groups of ‘‘CEs’’ sharing access. number of ‘‘CE’’s, not the number of Requirements section, to read as Provided: nodes. follows: Where k = min (S /K , 1), and 1. The TP1 of each ‘‘CE’’ or group of i i r 4A001 Electronic computers and K = normalizing factor of 20 MByte/s. ‘‘CEs’’ does not exceed 30 MTOPS; r related equipment, and ‘‘electronic S = sum of the maximum data rates (in 2. The ‘‘CEs’’ or groups of ‘‘CEs’’ share i assemblies’’ and specially designed units of MByte/s) for all data access to main memory (excluding components therefor. channels connected to the ith ‘‘CE’’ cache memory) over a single channel; or group of ‘‘CEs’’ sharing memory. License Requirements and When calculating a C for a group of 3. Only one ‘‘CE’’ or group of ‘‘CEs’’ i Reason for Control: NS, MT, AT, NP. ‘‘CEs’’, the number of the first ‘‘CE’’ in can have use of the channel at any given a group determines the proper limit for Control(s) Country chart time. Ci. For example, in an aggregation of N.B.: This does not apply to items groups consisting of 3 ‘‘CEs’’ each, the NS applies to entire entry ... NS Column 2. controlled under Category 3. MT applies to items in MT Column 1. 22nd group will contain ‘‘CE’’64, ‘‘CE’’65 Note 2: ‘‘CEs’’ share memory if they access and ‘‘CE’’ . The proper limit for C for 4A001.a when the param- 66 i eters in 4A101 are met or a common segment of solid state memory. this group is 0.60. This memory may include cache memory, exceeded. Aggregation (of ‘‘CEs’’ or groups of AT applies to entire entry .... AT Column 1. main memory or other internal memory. ‘‘CEs’’) should be from the fastest-to- Peripheral memory devices such as disk slowest; i.e.: NP applies, unless a License drives, tape drives or RAM disks are not ≥ ≥ included. TP1 TP2 .... > TPn, and Exception is available. See § 742.3(b) of in the case of TPi = TPi ∂ 1, from the the EAR for information on applicable ≥ For Multiple ‘‘CEs’’ or groups of largest to smallest; i.e.: Ci Ci ∂ 1 licensing review policies. ‘‘CEs’’ not sharing memory, Note: The k factor is not to be applied to License Requirement Notes: See interconnected by one or more data i ‘‘CEs’’ 2 to 12 if the TPi of the ‘‘CE’’ or group § 743.1 of the EAR for reporting channels: of ‘‘CEs’’ is more than 50 MTOPS; i.e., Ci for requirements for exports under License * Ci = 0.75 ki (i = 2, . . . , 32) (see Note ‘‘CEs’’ 2 to 12 is 0.75. Exceptions for 4A001.a.2. below) I 38. In Supplement No. 1 to part 774 * * * * * * = 0.60 ki (i = 33, . . . , 64) (the Commerce Control List), Category I 39. In Supplement No. 1 to part 774 * = 0.45 ki (i = 65, . . . , 256) 4—Computers, Export Control (the Commerce Control List), Category * = 0.30 ki (i > 256) Classification Number (ECCN) 4A001 is 4—Computers, Export Control

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Classification Number (ECCN) 4A003 is Related Controls: *** of processors so that the ‘‘APP’’ of the amended by revising the License Related Definitions: *** aggregation exceeds the limit in Requirements section, the License Items: 4A003.b.; Exceptions section, and the ‘‘items’’ Note 1: 4A003 includes the following: Note 1: 4A003.c applies only to ‘‘electronic paragraph in the List of Items Controlled assemblies’’ and programmable section, to read as follows: a. Vector processors; b. Array processors; interconnections not exceeding the limit in 4A003 ‘‘Digital computers’’, c. Digital signal processors; 4A003.b. when shipped as unintegrated ‘‘electronic assemblies’’, and related ‘‘electronic assemblies’’. It does not apply to d. Logic processors; ‘‘electronic assemblies’’ inherently limited by equipment therefor, as follows, and e. Equipment designed for ‘‘image nature of their design for use as related specially designed components enhancement’’; equipment controlled by 4A003.e. therefor. f. Equipment designed for ‘‘signal License Requirements processing’’. Note 2: 4A003.c does not control ‘‘electronic assemblies’’ specially designed Note 2: The control status of the ‘‘digital Reason for Control: NS, CC, AT, NP. for a product or family of products whose computers’’ and related equipment described maximum configuration does not exceed the in 4A003 is determined by the control status Control(s) Country chart limit of 4A003.b. of other equipment or systems provided: a. The ‘‘digital computers’’ or related d. [RESERVED] NS applies to 4A003.b and NS Column 1. e. Equipment performing analog-to- .c. equipment are essential for the operation of NS applies to 4A003.a, .e, NS Column 2. the other equipment or systems; digital conversions exceeding the limits and .g. b. The ‘‘digital computers’’ or related in 3A001.a.5; CC applies to ‘‘digital com- CC Column 1. equipment are not a ‘‘principal element’’ of f. [RESERVED] puters’’ for computerized the other equipment or systems; and g. Equipment specially designed to finger-print equipment. N.B. 1: The control status of ‘‘signal provide external interconnection of AT applies to entire entry AT Column 1. processing’’ or ‘‘image enhancement’’ ‘‘digital computers’’ or associated (refer to 4A994 for con- equipment specially designed for other equipment that allows communications equipment with functions limited to those trols on ‘‘digital com- at data rates exceeding 1.25 Gbyte/s. puters’’ with a APP ≥ required for the other equipment is 0.00001 but ≤ to 0.75 determined by the control status of the other Note: 4A003.g does not control internal WT). equipment even if it exceeds the ‘‘principal interconnection equipment (e.g., backplanes, element’’ criterion. buses) passive interconnection equipment, NP applies, unless a License N.B. 2: For the control status of ‘‘digital ‘‘network access controllers’’ or computers’’ or related equipment for ‘‘communication channel controllers’. Exception is available. See § 742.3(b) of telecommunications equipment, see Category the EAR for information on applicable 5, Part 1 (Telecommunications). I 40. In Supplement No. 1 to part 774 licensing review policies. c. The ‘‘technology’’ for the ‘‘digital (the Commerce Control List), Category Note 1: For all destinations, except those computers’’ and related equipment is 4—Computers, Export Control countries in Country Group E:1 of determined by 4E. Classification Number (ECCN) 4A994 is Supplement No. 1 to part 740 of the EAR, no a. Designed or modified for ‘‘fault amended by revising the ‘‘items’’ license is required (NLR) for computers with tolerance’’; paragraph in the List of Items Controlled an ‘‘Adjusted Peak Performance’’ (‘‘APP’’) not section, to read as follows: exceeding 0.75 Weighted TeraFLOPS (WT) Note: For the purposes of 4A003.a., ‘‘digital and for ‘‘electronic assemblies’’ described in computers’’ and related equipment are not 4A994 Computers, ‘‘electronic 4A003.c that are not capable of exceeding an considered to be designed or modified for assemblies’’, and related equipment not ‘‘Adjusted Peak Performance’’ (‘‘APP’’) ‘‘fault tolerance’’ if they utilize any of the controlled by 4A001 or 4A003, and exceeding 0.75 Weighted TeraFLOPS (WT) in following: specially designed components therefor aggregation, except certain transfers as set 1. Error detection or correction algorithms forth in § 746.3 (Iraq). Computers controlled in ‘‘main storage’; * * * * * in this entry for MT reasons are not eligible 2. The interconnection of two ‘‘digital List of Items Controlled for NLR. computers’’ so that, if the active central processing unit fails, an idling but mirroring Unit: *** Note 2: Special Post Shipment Verification central processing unit can continue the Related Controls: *** reporting and recordkeeping requirements for system’s functioning; Related Definitions: *** exports of computers to destinations in 3. The interconnection of two central Items: Computer Tier 3 may be found in § 743.2 of processing units by data channels or by use the EAR. of shared storage to permit one central Note 1: The control status of the ‘‘digital computers’’ and related equipment described processing unit to perform other work until in 4A994 is determined by the control status License Exceptions the second central processing unit fails, at of other equipment or systems provided: which time the first central processing unit LVS: * * * a. The ‘‘digital computers’’ or related takes over in order to continue the system’s GBS: * * * equipment are essential for the operation of functioning; or APP: Yes, for computers controlled by the other equipment or systems; 4A003.a or .b, and ‘‘electronic 4. The synchronization of two central b. The ‘‘digital computers’’ or related assemblies’’ controlled by 4A003.c, to processing units by ‘‘software’’ so that one equipment are not a ‘‘principal element’’ of central processing unit recognizes when the the exclusion of other technical the other equipment or systems; and other central processing unit fails and N.B. 1: The control status of ‘‘signal parameters, with the exception of recovers tasks from the failing unit. 4A003.e (equipment performing analog- processing’’ or ‘‘image enhancement’’ to-digital conversions exceeding the b. ‘‘Digital computers’’ having an equipment specially designed for other ‘‘Adjusted Peak Performance’’ (‘‘APP’’) equipment with functions limited to those limits of 3A001.a.5.a). See § 740.7 of the required for the other equipment is EAR. exceeding 0.75 weighted TeraFLOPS determined by the control status of the other CIV: * * * (WT); equipment even if it exceeds the ‘‘principal c. ‘‘Electronic assemblies’’ specially List of Items Controlled element’’ criterion. designed or modified to be capable of N.B. 2: For the control status of ‘‘digital Unit: *** enhancing performance by aggregation computers’’ or related equipment for

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telecommunications equipment, see Category b. The display of two-dimensional vectors. Control(s) Country chart 5, Part 1 (Telecommunications). c. The ‘‘technology’’ for the ‘‘digital h. Color displays or monitors having NS applies to ‘‘software’’ for NS Column 1. computers’’ and related equipment is more than 120 resolvable elements per commodities or software determined by 4E. cm in the direction of the maximum controlled by 4A001 to a. Electronic computers and related pixel density; 4A004, 4D001 to 4D003. equipment, and ‘‘electronic assemblies’’ CC applies to ‘‘software’’ for CC Column 1. Note 1: 4A994.h does not control displays computerized finger-print and specially designed components or monitors not specially designed for equipment controlled by therefor, rated for operation at an electronic computers. 4A003 for CC reasons. ambient temperature above 343 K (70° AT applies to entire entry .... AT Column 1. C); Note 2: Displays specially designed for air traffic control (ATC) systems are treated as b. ‘‘Digital computers’’ having an NP applies, unless a License ‘‘Adjusted Peak Performance’’ (‘‘APP’’) specially designed components for ATC systems under Category 6. Exception is available. See § 742.3(b) of equal to or greater than 0.00001 the EAR for information on applicable Weighted TeraFLOPS (WT); i. Equipment containing ‘‘terminal licensing review policies. c. ‘‘Electronic assemblies’’ that are interface equipment’’ exceeding the specially designed or modified to License Exceptions limits in 5A991. enhance performance by aggregation of CIV: N/A. processors, as follows: Note: For the purposes of 4A994.i, TSR: Yes, except ‘‘software’’ for c.1. Designed to be capable of ‘‘terminal interface equipment’’ includes aggregation in configurations of 16 or ‘‘local area network’’ interfaces, modems and commodities controlled by ECCN more processors; or other communications interfaces. ‘‘Local area 4A003.b or ECCN 4A003.c is limited to c.2. Having a sum of maximum data network’’ interfaces are evaluated as ‘‘software’’ for computers or ‘‘electronic rates on all channels available for ‘‘network access controllers’’. assemblies’’ with an ‘‘Adjusted Peak connection to associated processors Performance’’ (‘‘APP’’) equal to or less j. Equipment specially designed to than 0.1 Weighted TeraFLOPS (WT). exceeding 40 million Byte/s; provide external interconnection of APP: Yes to specific countries (see ‘‘digital computers’’ or associated Note 1: 4A994.c applies only to ‘‘electronic § 740.7 of the EAR for eligibility criteria) assemblies’’ and programmable equipment that allows communications interconnections with a ‘‘APP’’ not exceeding at data rates exceeding 80 Mbyte/s. List of Items Controlled the limits in 4A994.b, when shipped as unintegrated ‘‘electronic assemblies’’. It does Note: 4A994.j does not control internal Unit: *** not apply to ‘‘electronic assemblies’’ interconnection equipment (e.g., backplanes, Related Controls: *** inherently limited by nature of their design buses) passive interconnection equipment, Related Definitions: *** for use as related equipment controlled by ‘‘network access controllers’’ or Items: ‘‘communication channel controllers’’. 4A994.g and 4A994.k. a. ‘‘Software’’ specially designed or Note 2: 4A994.c does not control any k. ‘‘Hybrid computers’’ and modified for the ‘‘development’’, ‘‘electronic assembly’’ specially designed for ‘‘electronic assemblies’’ and specially ‘‘production’’ or ‘‘use’’ of equipment or a product or family of products whose designed components therefor, as ‘‘software’’ controlled by 4A001 to maximum configuration does not exceed the follows: 4A004, or 4D (except 4D980, 4D993 or limits of 4A994.b. k.1. Containing ‘‘digital computers’’ 4D994). d. Disk drives and solid state storage controlled by 4A003; b. ‘‘Software’’, other than that controlled by 4D001.a, specially equipment: k.2. Containing analog-to-digital designed or modified for the d.1. Magnetic, erasable optical or converters having all of the following ‘‘development’’ or ‘‘production’’ of: magneto-optical disk drives with a characteristics: ‘‘maximum bit transfer rate’’ exceeding b.1. ‘‘Digital computers’’ having an 25 million bit/s; k.2.a. 32 channels or more; and ‘‘Adjusted Peak Performance’’ (‘‘APP’’) d.2. Solid state storage equipment, k.2.b. A resolution of 14 bit (plus sign exceeding 0.04 Weighted TeraFLOPS other than ‘‘main storage’’ (also known bit) or more with a conversion rate of (WT); or as solid state disks or RAM disks), with 200,000 conversions/s or more. b.2. ‘‘Electronic assemblies’’ specially a ‘‘maximum bit transfer rate’’ I 41. In Supplement No. 1 to part 774 designed or modified for enhancing exceeding 36 million bit/s; (the Commerce Control List), Category performance by aggregation of e. Input/output control units designed 4—Computers, Export Control processors so that the ‘‘APP’’ of the for use with equipment controlled by Classification Number (ECCN) 4D001 is aggregation exceeds the limit in 4A994.d; amended by revising the License 4D001.b.1. f. Equipment for ‘‘signal processing’’ Requirements section, the License I 42. In Supplement No. 1 to part 774 or ‘‘image enhancement’’ having an Exceptions section, and the ‘‘items’’ (the Commerce Control List), Category ‘‘Adjusted Peak Performance’’ (‘‘APP’’) paragraph in the List of Items Controlled 4—Computers, Export Control equal to or greater than 0.00001 section, to read as follows: Classification Number (ECCN) 4D002 is Weighted TeraFLOPS (WT); g. Graphics accelerators or graphics 4D001 ‘‘Software’’ specially designed amended by revising the License coprocessors that exceed a ‘‘three or modified for the ‘‘development’’, Requirements section, to read as dimensional vector rate’’ of 400,000 or, ‘‘production’’ or ‘‘use’’ of equipment or follows: if supported by 2–D vectors only, a ‘‘two ‘‘software’’ controlled by 4A001 to 4D002 ‘‘Software’’ specially designed dimensional vector rate’’ of 600,000; 4A004, or 4D (except 4D980, 4D993 or or modified to support ‘‘technology’’ 4D994), and other specified software, Note: The provisions of 4A994.g do not controlled by 4E (except 4E980, 4E992, apply to work stations designed for and see List of Items Controlled. and 4E993). limited to: License Requirements License Requirements a. Graphic arts (e.g., printing, publishing); and Reason for Control: NS, CC, AT, NP. Reason for Control: NS, AT, NP.

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Control(s) Country chart List of Items Controlled multiple cycles may be expressed in fractional results per cycle. For processors Unit: *** NS applies to entire entry ... NS Column 1. not capable of performing calculations on AT applies to entire entry .... AT Column 1. Related Controls: *** floating-point operands of 64-bits or more the Related Definitions: *** effective calculating rate R is zero. NP applies, unless a License Items: Exception is available. See § 742.3(b) of a. ‘‘Technology’’ according to the 2. Calculate the floating point rate R the EAR for information on applicable General Technology Note, for the for each processor licensing review policies. ‘‘development,’’ ‘‘production,’’ or ‘‘use’’ of equipment or ‘‘software’’ controlled Ri = FPOi/ti. * * * * * by 4A (except 4A980, 4A993 or 4A994) I 3. Calculate APP as 43. In Supplement No. 1 to part 774 or 4D (except 4D980, 4D993, 4D994). × × (the Commerce Control List), Category b. ‘‘Technology’’, other than that APP = W1 R1 + W2 R2 + ... + Wn × 4—Computers, Export Control controlled by 4E001.a, specially Rn. Classification Number (ECCN) 4E001 is designed or modified for the amended by revising the License 4. For ‘‘vector processors’’, Wi = 0.9. ‘‘development’’ or ‘‘production’’ of: For non-‘‘vector processors’’, Wi = 0.3. Requirements section, the License b.1. ‘‘Digital computers’’ having an Exceptions section, and the ‘‘items’’ ‘‘Adjusted Peak Performance’’ (‘‘APP’’) Note 1: For processors that perform paragraph in the List of Items Controlled exceeding 0.04 Weighted TeraFLOPS compound operations in a cycle, such as an section, to read as follows: (WT); or addition and multiplication, each operation 4E001 ‘‘Technology’’ according to the b.2. ‘‘Electronic assemblies’’ specially is counted. designed or modified for enhancing General Technology Note, for the Note 2: For a pipelined processor the performance by aggregation of ‘‘development’’, ‘‘production’’ or ‘‘use’’ effective calculating rate R is the faster of the of equipment or ‘‘software’’ controlled processors so that the ‘‘APP’’ of the pipelined rate, once the pipeline is full, or by 4A (except 4A980, 4A993 or 4A994) aggregation exceeds the limit in the non-pipelined rate. or 4D (except 4D980, 4D993, 4D994), 4D001.b.1. and other specified technology, see List I 44. In Supplement No. 1 to part 774 Note 3: The calculating rate R of each of Items Controlled. (the Commerce Control List), Category contributing processor is to be calculated at its maximum value theoretically possible License Requirements 4—Computers is amended by: I (a) Removing the Technical Note before the ‘‘APP’’ of the combination is Reason for Control: NS, MT, CC, AT, ‘‘Information on How to Calculate derived. Simultaneous operations are NP. ‘‘Composite Theoretical Performance assumed to exist when the computer (‘‘CTP’’)’’ that appears after EAR99; and manufacturer claims concurrent, parallel, or Control(s) Country chart I (b) Adding a Technical Note on simultaneous operation or execution in a manual or brochure for the computer. NS applies to ‘‘technology’’ NS Column 1. ‘‘Adjusted Peak Performance (APP)’’ for commodities or soft- after EAR99, to read as follows: Note 4: Do not include processors that are ware controlled by 4A001 Technical Note on ‘‘Adjusted Peak limited to input/output and peripheral to 4A004, 4D001 to Performance’’ (‘‘APP’’) functions (e.g., disk drive, communication 4D003. and video display) when calculating APP. MT applies to ‘‘technology’’ MT Column 1. APP is an adjusted peak rate at which for items controlled by ‘‘digital computers’’ perform 64-bit or Note 5: APP values are not to be calculated 4A001.a and 4A101 for larger floating point additions and for processor combinations (inter)connected MT reasons. multiplications. by ‘‘Local Area Networks’’, Wide Area CC applies to ‘‘technology’’ CC Column 1. Networks, I/O shared connections/devices, I/ for computerized finger- Abbreviations Used in This Technical O controllers and any communication print equipment controlled Note by 4A003 for CC reasons. interconnection implemented by ‘‘software’’. AT applies to entire entry .... AT Column 1. n number of processors in the ‘‘digital computer’’ Note 6: APP values must be calculated for i processor number (i,....n) (1) processor combinations containing NP applies, unless a License processors specially designed to enhance Exception is available. See § 742.3(b) of ti processor cycle time (ti = 1/Fi) Fi processor frequency performance by aggregation, operating the EAR for information on applicable simultaneously and sharing memory; or (2) licensing review policies. Ri peak floating point calculating rate Wi architecture adjustment factor multiple memory/processor combinations License Requirement Notes: See operating simultaneously utilizing specially § 743.1 of the EAR for reporting APP is expressed in Weighted designed hardware. requirements for exports under License TeraFLOPS (WT), in units of 1012 Exceptions. adjusted floating point operations per Note 7: A ‘‘vector processor’’ is defined as second, a processor with built-in instructions that License Exceptions perform multiple calculations on floating- Outline of ‘‘APP’’ Calculation Method CIV: N/A point vectors (one-dimensional arrays of 64- TSR: Yes, except technology for 1. For each processor i, determine the bit or larger numbers) simultaneously, having commodities controlled by ECCN peak number of 64-bit or larger floating- at least 2 vector functional units and at least 4A003.b or ECCN 4A003.c is limited to point operations, FPOi, performed per 8 vector registers of at least 64 elements each. technology for computers or electronic cycle for each processor in the ‘‘digital assemblies with an ‘‘Adjusted Peak computer’’. Dated: April 12, 2006. Performance’’ (‘‘APP’’) exceeding 0.1 Matthew S. Borman, Note: In determining FPO, include only 64- Deputy Assistant Secretary for Export Weighted TeraFLOPS (WT). bit or larger floating point additions and/or Administration. APP: Yes to specific countries (see multiplications. All floating point operations § 740.7 of the EAR for eligibility must be expressed in operations per [FR Doc. 06–3647 Filed 4–21–06; 8:45 am] criteria). processor cycle; operations requiring BILLING CODE 3510–33–P

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ENVIRONMENTAL PROTECTION 5. Hand Delivery or Courier. Deliver www.regulations.gov or in hard copy at AGENCY your comments to: Dan Brown, Office of Ecosystem Protection, U.S. Manager, Air Permits, Toxics and Environmental Protection Agency, EPA 40 CFR Part 63 Indoor Programs Unit, Office of New England Regional Office, One [EPA–R01–OAR–2006–0119; A–1–FRL– Ecosystem Protection, U.S. Congress Street, Suite 1100, Boston, 8049–9] Environmental Protection Agency, EPA MA. EPA requests that if at all possible, New England Regional Office, One you contact the contact listed in the FOR Approval of the Clean Air Act, Section Congress Street, 11th floor, (CAP), FURTHER INFORMATION CONTACT section to 112(l), Authority for Hazardous Air Boston, MA 02114–2023. Such schedule your inspection. The Regional Pollutants: Perchloroethylene Dry deliveries are only accepted during the Office’s official hours of business are Cleaner Regulation Maine Department Regional Office’s normal hours of Monday through Friday, 8:30 to 4:30 of Environmental Protection operation. The Regional Office’s official excluding legal holidays. hours of business are Monday through AGENCY: FOR FURTHER INFORMATION CONTACT: Environmental Protection Friday, 8:30 to 4:30 excluding legal Agency (EPA). Susan Lancey, Air Permits, Toxics and holidays. Indoor Programs Unit (CAP), U.S. ACTION: Direct final rule. Instructions: Direct your comments to Environmental Protection Agency, EPA Docket ID No. EPA–R01–OAR–2006– SUMMARY: Pursuant to section 112(l) of New England Regional Office, One the Clean Air Act (‘‘CAA’’), the Maine 0119. EPA’s policy is that all comments Congress Street, Suite 1100, Boston, MA Department of Environmental Protection received will be included in the public 02114, telephone number (617) 918– (‘‘ME DEP’’) submitted a request for docket without change and may be 1656, fax number (617) 918–0656, e- approval to implement and enforce made available online at http:// mail [email protected]. www.regulations.gov, including any ‘‘Chapter 125: Perchloroethylene Dry SUPPLEMENTARY INFORMATION: Cleaner Regulation’’ in place of the personal information provided, unless National Emissions Standard for the comment includes information I. General Information claimed to be Confidential Business Hazardous Air Pollutants for A. How Can I Get Copies of This Information (CBI) or other information Perchloroethylene Dry Cleaning Document and Other Related whose disclosure is restricted by statute. Facilities (‘‘Dry Cleaning NESHAP’’) as Information? it applies to area sources. EPA has Do not submit through http:// www.regulations.gov, or e-mail, In addition to the publicly available reviewed this request and determined docket materials available for inspection that it satisfies the requirements information that you consider to be CBI electronically in Regional Material in necessary for approval. Thus, EPA is or otherwise protected. The http:// EDocket, and the hard copy available at hereby granting ME DEP the authority to www.regulations.gov Web site is an the Regional Office, which are identified implement and enforce its ‘‘anonymous access’’ systems, which in the ADDRESSES section of this Federal perchloroethylene dry cleaner means EPA will not know your identity Register, copies of the State submittal regulation in place of the Dry Cleaning or contact information unless you and EPA’s technical support document NESHAP for area sources. This approval provide it in the body of your comment. are also available for public inspection makes the ME DEP rule federally If you send an e-mail comment directly during normal business hours, by enforceable. Major sources remain to EPA without going through http:// appointment at the Bureau of Air subject to the Federal Dry Cleaning www.regulations.gov your e-mail NESHAP. address will be automatically captured Quality Control, Department of and included as part of the comment Environmental Protection, First Floor of DATES: This action will be effective June that is placed in the public docket and the Tyson Building, Augusta Mental 23, 2006, unless EPA receives relevant made available on the Internet. If you Health Institute Complex, Augusta, ME adverse comments by May 24, 2006. If submit an electronic comment, EPA 04333–0017. EPA receives such comments, then it recommends that you include your II. Rulemaking Information will publish a timely withdrawal in the name and other contact information in Federal Register informing the public the body of your comment and with any Organization of this document. The that this direct final rule will not take disk or CD–ROM you submit. If EPA following outline is provided to aid in effect. The incorporation by reference of cannot read your comment due to locating information in this preamble. certain publications listed in the technical difficulties and cannot contact A. Background and Purpose regulations is approved by the Director you for clarification, EPA may not be B. What Requirements Must a State Rule of the Federal Register as of June 23, able to consider your comment. Meet To Substitute for a Section 112 2006. Electronic files should avoid the use of Rule? C. EPA Determination of Rule Equivalency ADDRESSES: Submit your comments, special characters, any form of encryption, and be free of any defects or 1. What Are the Major Differences Between identified by Docket ID Number EPA– Chapter 125 and the Dry Cleaning R01–OAR–2006–0119 by one of the viruses. NESHAP? following methods: Docket: All documents in the a. How Do the Applicability Requirements 1. http://www.regulations.gov: Follow electronic docket are listed in the Differ? the on-line instructions for submitting http://www.regulations.gov index. b. How Do the Requirements for Transfer comments. Although listed in the index, some Machines Differ? 2. E-mail: [email protected]. information is not publicly available, c. How Do the Requirements for 3. Fax: (617) 918–0048. i.e., CBI or other information whose Refrigerated Condensers Differ? 4. Mail: ‘‘Docket Identification disclosure is restricted by statute. d. How Do the Work Practice Standards Number EPA–R01–OAR–2006–0119’’, Certain other material, such as Differ? Dan Brown, U.S. Environmental e. How Do the Testing and Monitoring copyrighted material, is not placed on Requirements Differ? Protection Agency, EPA New England the Internet and will be publicly f. How Do the Reporting Requirements Regional Office, One Congress Street, available only in hard copy form. Differ? Suite 1100 (mail code CAP), Boston, MA Publicly available docket materials are g. What Are the Title V Permit 02114–2023. available either electronically in http:// Requirements for Area Sources?

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h. How Does Maine’s Regulation Address source dry cleaning facilities to register C. EPA Determination of Rule the General Provisions at 40 CFR Part 63, with the State and to comply with Equivalency Subpart A? control technology, leak detection and 2. What Is EPA’s Action Regarding Chapter 1. What Are the Major Differences 125? strict work practice standards to reduce Between Chapter 125 and the Dry 3. How Do Amendments to the Dry perchloroethylene emissions from their Cleaning NESHAP? Cleaning NESHAP Affect This operations. Chapter 125 contains certain Rulemaking? requirements that differ from the Dry a. How Do the Applicability III. Summary of EPA’s Action Cleaning NESHAP. As explained below, Requirements Differ? IV. Statutory and Executive Order Reviews The Dry Cleaning NESHAP classifies A. Executive Orders 12866 and 13045 however, EPA has determined that B. Executive Order 13211 Chapter 125 is no less stringent than the dry cleaning sources as major sources C. Executive Order 13175 Dry Cleaning NESHAP as applied to based on either annual D. Executive Order 13132 area sources. A copy of Chapter 125 is perchloroethylene (perc) emissions or E. Regulatory Flexibility Act available upon request or for public annual perc consumption. Major F. Unfunded Mandates inspection at EPA’s New England sources are those sources that: (1) Emit G. Submission to Congress and the Regional Office at the address listed or have the potential to emit more than Comptroller General 10 tons per year of perc to the H. National Technology Transfer and above. Advancement Act atmosphere, or (2) consume greater than I. Petitions for Judicial Review B. What Requirements Must a State Rule 8000 liters (2100 gallons) of perc for Meet To Substitute for a Section 112 dry-to-dry machines or greater than A. Background and Purpose Rule? 6800 liters (1800 gallons) of perc for Under CAA section 112(l), EPA may transfer machines or transfer and dry-to- approve State or local rules or programs Section 112(l)(5) of the CAA requires dry machines. 40 CFR 63.320(g). to be implemented and enforced in that a State’s NESHAP program contain The Dry Cleaning NESHAP exempts place of certain otherwise applicable adequate authorities to assure certain area sources from specified Federal rules, emissions standards, or compliance with each applicable requirements based on perc requirements. The Federal regulations Federal requirement, adequate resources consumption levels and the types of dry governing EPA’s approval of State and for implementation, and an expeditious cleaning machines used at the source. local rules or programs under section compliance schedule. These are also For example, an existing area source 112(l) are located at 40 CFR part 63, requirements for an adequate operating consisting of only dry-to-dry machines subpart E. See 58 FR 62262 (November permits program under 40 CFR part 70. is exempt from specified operating 26, 1993), as amended by 65 FR 55810 On October 18, 2001, EPA promulgated standards and testing, monitoring, (September 14, 2000). Under these full approval of ME DEP’s operating reporting and recordkeeping regulations, a State air pollution control permits program. See 66 FR 52874. requirements of the Dry Cleaning agency has the option to request EPA’s Under 40 CFR 63.91(d)(3), interim or NESHAP if the facility’s total perc approval to substitute a State rule for final title V program approval satisfies consumption is less than 140 gallons the applicable Federal rule (e.g., the the criteria set forth in § 63.91(d) for per year. 40 CFR 63.320(d). Similarly, National Emission Standards for ‘‘up-front approval.’’ Accordingly, ME an existing area source consisting of Hazardous Air Pollutants (NESHAP)). DEP has satisfied the up-front approval only transfer machine systems is exempt Upon approval by EPA, the State agency criteria of 40 CFR 63.91(d). from these same requirements if the is authorized to implement and enforce facility’s total perc consumption is less its rule in place of the Federal rule. Additionally, the ‘‘rule substitution’’ than 200 gallons per year. 40 CFR EPA promulgated the Dry Cleaning option requires EPA to ‘‘make a detailed 63.320(e). In addition, the Dry Cleaning NESHAP on September 22, 1993. See 58 and thorough evaluation of the State’s NESHAP exempts all coin-operated FR 49354 (codified at 40 CFR part 63, submittal to ensure that it meets the machines from the requirements of the subpart M, ‘‘National Perchloroethylene stringency and other requirements’’ of rule. 40 CFR 63.320(j). Air Emission Standards for Dry 40 CFR 63.93. 58 FR at 62274. A rule Chapter 125 of the Maine Department Cleaning Facilities’’). On August 12, will be approved if EPA finds: (1) The of Environmental Protection regulations 2003, EPA received ME DEP’s request to State and local rules are ‘‘no less requires all area source dry cleaners to implement and enforce ‘‘Chapter 125: stringent’’ than the corresponding comply with the requirements of the Perchloroethylene Dry Cleaner Federal regulations, (2) the State and rule, regardless of their perc Regulation’’ in lieu of the Dry Cleaning local government has adequate consumption levels. Chapter 125, NESHAP as applied to area sources. ME authorities to implement and enforce section 1. According to Maine’s 2001 DEP’s request for approval was the rules, and (3) the schedule for annual emissions inventory data, about submitted pursuant to the provisions of implementation and compliance is ‘‘no 70% of dry cleaners in Maine use less 40 CFR part 63, subpart E. On less stringent’’ than the deadlines than 140 gallons of perc per year. Under September 15, 2003, EPA determined established in the otherwise applicable the Federal rule, these area source dry that Maine’s submittal was complete. Federal rule. 40 CFR 63.93(b). After cleaners would be exempt from Maine adopted Chapter 125 in 1991 to numerous operating standards and reviewing ME DEP’s partial rule regulate dry cleaning facilities that are testing, monitoring, reporting and substitution request and equivalency area sources of perchloroethylene in the recordkeeping requirements of the Dry demonstration for the Dry Cleaning State of Maine. See Maine Chapter 125 Cleaning NESHAP. Under Chapter 125, of the Department of Environmental NESHAP as it applies to area sources, however, these smaller area sources are Protection Regulations. Chapter 125 was EPA has determined this request meets subject to the same standards that apply revised in 1997 and 2003 to coincide all the requirements necessary for to larger area sources. As such, Chapter more closely with the Dry Cleaning approval under CAA section 112(l) and 125 imposes perc emission control NESHAP and to remove sections 40 CFR 63.91 and 63.93. requirements on a significantly larger referring to obsolete practices and number of area sources than does the equipment. Chapter 125 requires area Dry Cleaning NESHAP. In addition,

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Chapter 125 contains no exemption for cartridge is removed from the filter 63.320(b) and 63.324(b). The coin-operated machines. These housing, it must be placed in a sealed certification must contain a calculation applicability provisions are more container which does not allow the of the source’s yearly perc solvent stringent than the applicability solvent in the filter to be emitted to the consumption limit and the source’s provisions of the Dry Cleaning atmosphere, and must be disposed in compliance status with each applicable NESHAP. accordance with State and federal requirement of the Dry Cleaning requirements.’’ Id. These requirements NESHAP. 40 CFR 63.324(b)(1) through b. How Do the Requirements for for the handling of cartridge filters are (3). This certification is a one-time Transfer Machines Differ? more specific and more stringent than requirement. A transfer machine system is a the requirements of the Dry Cleaning Chapter 125 requires the owner or multiple-machine dry cleaning NESHAP. operator of any new source to submit, operation in which washing and drying The Dry Cleaning NESHAP also within 30 days of startup, a calculation are performed in different machines. requires area sources to conduct weekly of the facility’s perc solvent The Dry Cleaning NESHAP requires inspections for perceptible leaks. Area consumption limit based on a 12-month owners and operators of new transfer sources with lower perc consumption rolling total limit and an indication of machine systems to eliminate any levels, however, are required to conduct compliance status. Chapter 125, section emissions of perc from clothing transfer such leak detections only biweekly. 40 6.B. Chapter 125 also requires the owner between the washer and the dryer of CFR 63.322(k) through (l). Chapter 125 or operator of any dry cleaning facility transfer machine systems. 40 CFR requires all dry cleaners, regardless of to submit an annual registration 63.322(b)(2). In addition, the Dry their perc consumption levels, to containing information about the Cleaning NESHAP allows for existing perform weekly inspections for facility’s total perc consumption for transfer machine systems and sets perceptible leaks. Chapter 125, sections each of the previous twelve months, a certain control standards and other 3.C(3) and 4.D. certification of the facility’s status as a requirements for existing transfer As such, the work practice standards major or area source, and an estimate of machine systems. See, e.g., 40 CFR of Chapter 125 are more stringent than the waste that was shipped off-site, 63.322(a). Clothing transfer emissions the Dry Cleaning NESHAP. among other things. Chapter 125, are a significant portion of the overall section 125.6.A. These reporting e. How Do the Testing and Monitoring emissions from transfer machine requirements allow ME DEP to Requirements Differ? systems. inventory and track annual perc Chapter 125 prohibits the use and The Dry Cleaning NESHAP states that, consumption and emissions for all area installation of all transfer machines. when a carbon adsorber is used to source dry cleaners. As such, the Chapter 125, section 3.B(4). As such, comply with the operating standards of reporting requirements of Chapter 125 Chapter 125 is more stringent than the the rule, the concentration of perc in the are more stringent than the Dry Cleaning NESHAP. exhaust of the carbon adsorber must be corresponding requirements of the Dry equal to or less than 100 parts per Cleaning NESHAP. c. How Do the Requirements for million (ppm) by volume and must be Refrigerated Condensers Differ? measured with a colorimetric detector g. What Are the Title V Permit The Dry Cleaning NESHAP prohibits tube that is designed to measure a Requirements for Area Sources? any source that has a refrigerated concentration of 100 ppm by volume of Chapter 140.1.D(2) of Maine’s condenser on a dry-to-dry machine, perc in the air to an accuracy of ±25 regulations exempts area sources from dryer, or reclaimer from using the same ppm. 40 CFR 63.323(b). the requirement to obtain a title V refrigerated condenser coil for the Chapter 125 requires that any carbon operating permit if EPA exempts these washer that is used by a dry-to-dry adsorber used at a dry cleaning machine sources. Chapter 140, section 140.1.D(2). machine, dryer, or reclaimer. 40 CFR reduce perc emissions to no more than On December 19, 2005, EPA 63.322(f). Only transfer machine 50 ppm by volume and that the perc permanently exempted five categories of systems have separate dry-to-dry concentration be measured with a area sources subject to NESHAPs from machine, dryer, or reclaimer systems. colorimetric detector tube designed to the title V operating permit program, Because Chapter 125 prohibits the use measure 10–500 ppmv of perc with an including area source perchloroethylene or installation of transfer machines at accuracy of ±5 ppm. Chapter 125, dry cleaners. 70 FR 75320 (December dry cleaning facilities (Chapter 125, section 4.A(1). Chapter 125 also requires 19, 2005). Therefore, both Federal law section 3.B(4)), this requirement is that the sampling port for monitoring and Maine’s regulation at Chapter 140 inapplicable and does not affect the within the exhaust outlet of the carbon exempt area source dry cleaners from stringency of the rule. adsorber be easily accessible. Chapter title V permitting requirements. Major 125, section 4.A(2). As such, the source dry cleaners in Maine are still d. How Do the Work Practice Standards requirements of Chapter 125 for required to obtain title V operating Differ? reduction and measurement of perc permits. The Dry Cleaning NESHAP requires concentrations in carbon adsorber h. How Does Maine’s Regulation all dry cleaning facilities to ‘‘drain exhaust are more stringent than the Address the General Provisions at 40 cartridge filters in their housing, or corresponding requirements of the Dry CFR Part 63, Subpart A? other sealed container, for a minimum Cleaning NESHAP. of 24 hours, or treat such filters in an Chapter 125 contains requirements equivalent manner, before removal from f. How Do the Reporting Requirements that are generally equivalent to or more the dry cleaning facility.’’ 40 CFR Differ? stringent than the General Provisions at 63.322(i). Chapter 125 requires that the The Dry Cleaning NESHAP requires 40 CFR part 63, subpart A. EPA notes cartridges be drained in the filter the owner or operator of any dry that Chapter 125 does not contain a housing for at least 24 hours or as cleaning facility constructed or requirement that corresponds to the approved by DEP and EPA. Chapter 125, reconstructed after September 22, 1993, notification requirement in 40 CFR section 3.C(1). In addition, the rule to file a certification of compliance 63.9(j), which states that any change in requires that ‘‘[w]hen any filtration status within 30 days of startup. 40 CFR the information provided to EPA under

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the applicable notification requirements revised alternative requirements are received will then be addressed in a ‘‘shall be provided to the Administrator equivalent to the more stringent subsequent final rule based on the in writing within 15 calendar days after amendments. proposed rule. EPA will not institute a the change.’’ As explained above, In accordance with these second comment period on this rule. however, Chapter 125 requires all dry requirements, upon EPA’s finalization Any parties interested in commenting cleaning facilities to submit annual of any amendments to the Dry Cleaning should do so at this time. If no such reports containing specific information NESHAP that increase its stringency, comments are received, the public is about perc consumption, major or area EPA will determine whether these advised that this rule will be effective source status, and compliance with the amendments necessitate a revision to on June 23, 2006 and no further action requirements of the rule. Any changes Maine’s alternative requirements. If so, will be taken on the proposed rule. in such reported information must, we will notify ME DEP of the need to therefore, be included in the next submit a revised equivalency IV. Statutory and Executive Order annual report to ME DEP and EPA. demonstration in accordance with the Reviews Given the more-detailed and regular requirements of 40 CFR part 63, subpart A. Executive Orders 12866 and 13045 reporting requirements of Maine’s E. In any event, the more stringent The Office of Management and Budget regulation, EPA has determined that the NESHAP amendments will apply until reporting requirements of Chapter 125 EPA publishes in the Federal Register a has exempted this regulatory action are, taken as a whole, more stringent determination as to the equivalency of from Executive Order 12866, entitled than the requirements of subpart A. Maine’s requirements to the more ‘‘Regulatory Planning and Review.’’ stringent amendments. This rule is not subject to Executive 2. What Is EPA’s Action Regarding Order 13045, entitled, ‘‘Protection of Chapter 125? III. Summary of EPA’s Action Children from Environmental Health After reviewing ME DEP’s request for Pursuant to section 112(l) of the CAA Risks and Safety Risks,’’ because it is approval of ‘‘Chapter 125: and 40 CFR 63.91 and 63.93, EPA is not an ‘‘economically significant’’ action Perchloroethylene Dry Cleaner approving ME DEP’s request to under Executive Order 12866. Regulation,’’ EPA has determined that implement and enforce ‘‘Chapter 125: B. Executive Order 13211 Maine’s regulation meets all of the Perchloroethylene Dry Cleaner requirements necessary for partial rule Regulation’’ in place of the Federal Dry This rule is not subject to Executive substitution under section 112(l) of the Cleaning NESHAP at 40 CFR part 63, Order 13211, ‘‘Actions Concerning CAA and 40 CFR 63.91 and 63.93. subpart M, as it applies to area sources Regulations That Significantly Affect Chapter 125, taken as a whole, is no less in Maine. This approval makes Chapter Energy Supply, Distribution, or Use’’ (66 stringent than the Federal Dry Cleaning 125 federally enforceable and FR 28355 (May 22,2001)) because it is NESHAP as applied to area sources. consolidates the compliance not a significant regulatory action under Therefore, EPA hereby approves requirements for area source dry Executive Order 12866. Maine’s request to implement and cleaners in Maine into one set of C. Executive Order 13175 enforce Chapter 125 in place of the Dry regulations. Major source dry cleaning Cleaning NESHAP for area sources in facilities remain subject to the Federal Executive Order 13175, entitled Maine. As of the effective date of this requirements at 40 CFR part 63, subpart ‘‘Consultation and Coordination with action, Chapter 125 is enforceable by M and the Title V permitting Indian Tribal Governments’’ (65 FR EPA and by citizens under the CAA. requirements of 40 CFR part 70. Area 67249, November 6, 2000), requires EPA Although ME DEP has primary source dry cleaning facilities are exempt to develop an accountable process to responsibility to implement and enforce from Title V permitting requirements as ensure ‘‘meaningful and timely input by Chapter 125, EPA retains the authority of December 19, 2005. 70 FR 75320. tribal officials in the development of to enforce any requirement of the rule EPA views this approval of Maine’s regulatory policies that have tribal upon its approval under CAA 112. CAA request to implement and enforce implications.’’ ‘‘Policies that have tribal section 112(l)(7). Chapter 125 in place of the Dry Cleaning implications’’ is defined in the NESHAP for area sources as a Executive Order to include regulations 3. How Do Amendments to the Dry noncontroversial action, given that the that have ‘‘substantial direct effects on Cleaning NESHAP Affect This state program has been effective for one or more Indian tribes, on the Rulemaking? several years and is, taken as a whole, relationship between the Federal On December 21, 2005 (70 FR 75884), more stringent than the Dry Cleaning Government and the Indian tribes, or on EPA proposed amendments to the dry NESHAP. EPA anticipates no adverse the distribution of power and cleaning NESHAP. Under § 63.91(e)(3), comments. Therefore, EPA is publishing responsibilities between the Federal if EPA amends or otherwise revises a this direct final rule without prior Government and Indian tribes.’’ promulgated section 112 rule or proposal. However, in the proposed This final rule does not have tribal requirement in a way that increases its rules section of this Federal Register implications. This action allows the stringency, EPA will notify any state publication, EPA is publishing a State of Maine to implement equivalent with a delegated alternative of the need separate document that will serve as the state requirements in lieu of pre-existing to revise its equivalency demonstration. proposal for this action should relevant Federal requirements as applied only to EPA will consult with the state to set a adverse comments be filed. This action area source drycleaners. This action will time frame for the state to submit a will be effective on June 23, 2006, not have substantial direct effects on revised equivalency demonstration. EPA without further notice, unless EPA tribal governments, on the relationship will then review and approve the receives relevant adverse comments by between the Federal Government and revised equivalency demonstration May 24, 2006. Indian tribes, or on the distribution of according to the procedures in 40 CFR If EPA receives such comments, then power and responsibilities between the part 63, subpart E. More stringent it will publish a timely withdrawal in Federal Government and Indian tribes, NESHAP amendments to a delegated the Federal Register informing the as specified in Executive Order 13175. alternative apply to all sources until public that this direct final rule will not Thus, Executive Order 13175 does not EPA determines that the approved or take effect. All public comments apply to this rule.

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D. Executive Order 13132 F. Unfunded Mandates inconsistent with applicable law or Executive Order 13132, entitled Under section 202 of the Unfunded otherwise impractical. Voluntary ‘‘Federalism’’ (64 FR 43255, August 10, Mandates Reform Act of 1995 consensus standards are technical 1999), requires EPA to develop an (‘‘Unfunded Mandates Act’’), signed standards (e.g., materials specifications, accountable process to ensure into law on March 22, 1995, EPA must test methods, sampling procedures, and ‘‘meaningful and timely input by State prepare a budgetary impact statement to business practices) that are developed or and local officials in the development of accompany any proposed or final rule adopted by voluntary consensus regulatory policies that have federalism that includes a Federal mandate that standards bodies. The NTTAA directs implications.’’ ‘‘Policies that have may result in estimated annual costs to EPA to provide Congress, through OMB, federalism implications’’ is defined in State, local, or tribal governments in the explanations when the Agency decides the Executive Order to include aggregate, or to private sector, of $100 not to use available and applicable regulations that have ‘‘substantial direct million or more. Under section 205, voluntary consensus standards. This effects on the States, on the relationship EPA must select the most cost-effective action does not involve technical between the national government and and least burdensome alternative that standards. Therefore, the NTTAA does the States, or on the distribution of achieves the objectives of the rule and not apply to this rule. power and responsibilities among the is consistent with statutory I. Petitions for Judicial Review various levels of government.’’ requirements. Section 203 requires EPA This final rule does not have to establish a plan for informing and Under section 307(b)(1) of the Clean federalism implications. It will not have advising any small governments that Air Act, petitions for judicial review of substantial direct effects on the States, may be significantly or uniquely this action must be filed in the United on the relationship between the national impacted by the rule. States Court of Appeals for the government and the States, or on the EPA has determined that the approval appropriate circuit by June 23, 2006. distribution of power and action promulgated does not include a Filing a petition for reconsideration by responsibilities among the various Federal mandate that may result in the Administrator of this final rule does levels of government, as specified in estimated annual costs of $100 million not affect the finality of this rule for the Executive Order 13132. This action or more to either State, local, or tribal purposes of judicial review nor does it simply allows Maine to implement governments in the aggregate, or to the extend the time within which a petition equivalent alternative requirements to private sector. for judicial review may be filed, and replace a Federal standard, and does not This Federal action allows Maine to shall not postpone the effectiveness of alter the relationship or the distribution implement equivalent alternative such rule or action. This action may not of power and responsibilities requirements in lieu of pre-existing be challenged later in proceedings to established in the Clean Air Act. Thus, requirements under Federal law, and enforce its requirements (see section Executive Order 13132 does not apply imposes no new requirements. 307(b)(2)). to this rule. Accordingly, no additional costs to List of Subjects in 40 CFR Part 63 E. Regulatory Flexibility Act State, local, or tribal governments, or to the private sector, result from this Environmental protection, The Regulatory Flexibility Act (RFA), action. Administrative practice and procedure, as amended by the Small Business Air pollution control, Hazardous Regulatory Enforcement Fairness Act of G. Submission to Congress and the Comptroller General substances, Incorporation by reference, 1996 (SBREFA), 5 U.S.C. 601 et seq. Intergovernmental relations, Reporting generally requires an agency to prepare The Congressional Review Act, 5 and recordkeeping requirements. a regulatory flexibility analysis of any U.S.C. 801 et seq., as added by the Small rule subject to notice and comment Authority: This action is issued under the Business Regulatory Enforcement authority of section 112 of the Clean Air Act, rulemaking requirements under the Fairness Act of 1996, generally provides as amended, 42 U.S.C. 7412. Administrative Procedure Act or any that before a rule may take effect, the other statute unless the agency certifies agency promulgating the rule must Dated: March 16, 2006. that the rule will not have a significant submit a rule report, which includes a Robert W. Varney, economic impact on a substantial copy of the rule, to each House of the Regional Administrator, EPA–New England. number of small entities. Small entities Congress and to the Comptroller General I include small businesses, small not-for- of the United States. EPA will submit a 40 CFR part 63 is amended as follows: profit enterprises, and small report containing this rule and other PART 63—[AMENDED] governmental entities with jurisdiction required information to the U.S. Senate, over populations of less than 50,000. the U.S. House of Representatives, and I 1. The authority citation for part 63 This final rule will not have a the Comptroller General of the United continues to read as follows: significant impact on a substantial States prior to publication of the rule in number of small entities because the Federal Register. This rule is not a Authority: 42 U.S.C. 7401 et seq. approvals under under 40 CFR 63.93 do ‘‘major’’ rule as defined by 5 U.S.C. Subpart A—[Amended] not create any new requirements. Such 804(2). approvals simply allow the State to I 2. Section 63.14 is amended by adding implement and enforce equivalent H. National Technology Transfer and paragraph (d)(6) to read as follows: requirements in place of the Federal Advancement Act requirements that EPA is already Section 12(d) of the National § 63.14 Incorporation by reference. imposing. Therefore, because this Technology Transfer and Advancement * * * * * approval does not create any new Act of 1995 (‘‘NTTAA’’), Public Law requirements, I certify that this action 104–113, section 12(d) (15 U.S.C. 272 (d) * * * will not have a significant economic note) directs EPA to use voluntary (6) Maine Regulations Applicable to impact on a substantial number of small consensus standards in its regulatory Hazardous Air Pollutants (March 2006). entities. activities unless to do so would be Incorporation By Reference approved

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for § 63.99(a)(19)(iii) of subpart E of this any corresponding documents may be E. Small Business Regulatory part. accessed at GSA’s Web site at http:// Enforcement Fairness Act * * * * * www.gsa.gov/fmr. This final rule is exempt from DATES: Effective Date: May 24, 2006. Congressional review under 5 U.S.C. Subpart E—[Amended] FOR FURTHER INFORMATION CONTACT: The 801 since it relates solely to agency I 3. Section 63.99 is amended by adding Regulatory Secretariat, Room 4035, GSA management and personnel. paragraph (a)(19)(iii) to read as follows: Building, Washington, DC, 20405, (202) List of Subjects in 41 CFR Part 102–39 208–7312, for information pertaining to § 63.99 Delegated Federal authorities. Government property management, status or publication schedules. For Reporting and recordkeeping (a) * * * clarification of content, contact Mr. requirements, and Government (19) * * * Robert Holcombe, Office of property. (iii) Affected area sources within Governmentwide Policy, Office of Maine must comply with the Maine Travel, Transportation, and Asset Dated: April 14, 2006. Regulations Applicable to Hazardous Management (MT), at (202) 501–3828 or David L. Bibb, Air Pollutants (incorporated by e-mail at [email protected]. Acting Administrator of General Services. reference as specified in § 63.14) as Please cite Amendment 2006–02, FMR I described in paragraph (a)(19)(iii)(A) of case 2006–102–3. For the reasons set forth in the this section: preamble, GSA amends 41 CFR part (A) The material incorporated into the SUPPLEMENTARY INFORMATION: 102–39 as set forth below: Maine Department of Environmental A. Background Protection regulations at Chapter 125 PART 102–39—REPLACEMENT OF pertaining to dry cleaning facilities in In the years since 41 CFR part 102– PERSONAL PROPERTY PURSUANT the State of Maine’s jurisdiction, and 39 was published as a final rule, the TO THE EXCHANGE/SALE AUTHORITY references to other regulations which approved under the procedures in I 1. The authority citation for 41 CFR § 63.93 to be implemented and enforced migrated from the Federal Property Management Regulations (FPMR) (41 part 102–39 continues to read as in place of the Federal NESHAP for follows: Perchloroethylene Dry Cleaning CFR chapter 101) to the Federal Facilities (subpart M of this part), Management Regulation (FMR) (41 CFR Authority: 40 U.S.C. 503 and 121(c). chapter 102) became outdated. Also, effective as of December 19, 2005, for § 102–39.45 [Amended] area sources only, as defined in Public Law 107–217 revised and I 2. Amend § 102–39.45 in paragraph (l) § 63.320(h). recodified certain provisions of the by removing ’’40 U.S.C. 484(i) and (B) [Reserved] Federal Property and Administrative Services Act of 1949 (Property Act). For adding ’’40 U.S.C. 548 in its place. * * * * * example, the Property Act provisions I 3. Amend § 102–39.75 by revising [FR Doc. 06–3855 Filed 4–21–06; 8:45 am] and topics previously found at 40 U.S.C. paragraph (b) to read as follows: BILLING CODE 6560–50–P 471–514 will now generally be found at 40 U.S.C. 101–705. This revised § 102–39.75 What information am I required to report? regulation updates the title 40 U.S.C. GENERAL SERVICES citations to reflect the changes made by * * * * * ADMINISTRATION Public Law 107–217. Additionally, in (b) Submit your report electronically the intervening years since these three or by mail to the General Services 41 CFR Part 102–39 regulations were published, several Administration, Office of Travel, agencies have moved or changed names. Transportation and Asset Management [FMR Amendment 2006–02; FMR Case (MT), 1800 F Street, NW., Washington, 2006–102–3] Finally, updating or clarifying revisions were made where the revisions are seen DC 20405. RIN 3090–AI26 as administrative or clerical in nature. [FR Doc. 06–3845 Filed 4–21–06; 8:45 am] BILLING CODE 6820–14–S Federal Management Regulation; B. Executive Order 12866 Replacement of Personal Property The General Services Administration Pursuant to the Exchange/Sale (GSA) has determined that this final DEPARTMENT OF COMMERCE Authority rule is not a significant regulatory action National Oceanic and Atmospheric AGENCY: Office of Governmentwide for the purposes of Executive Order Administration Policy, General Services Administration 12866. (GSA). C. Regulatory Flexibility Act 50 CFR Part 648 ACTION: Final rule. This final rule is not required to be [Docket No. 051209329–5329–01; I.D. SUMMARY: The General Services published in the Federal Register for 041406A] Administration is amending the Federal comment. Therefore, the Regulatory Management Regulation (FMR) language Flexibility Act does not apply. Fisheries of the Northeastern United that pertains to personal property by States; Atlantic Mackerel, Squid, and D. Paperwork Reduction Act correcting references to outdated or Butterfish Fisheries; Closure of the superceded provisions of law or The Paperwork Reduction Act does Quarter II Fishery for Loligo Squid regulation; correcting text to be in not apply because the changes to the AGENCY: National Marine Fisheries conformance with revised laws, FMR do not impose information Service (NMFS), National Oceanic and regulation, or Federal agency collection requirements that require the Atmospheric Administration (NOAA), responsibilities; and clarifying text approval of the Office of Management Commerce. where the intended meaning could be and Budget under 44 U.S.C. 3501, et ACTION: Closure. updated or made clearer. The FMR and seq.

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SUMMARY: NMFS announces that the DATES: Effective 0001 hours, April 21, catch, domestic annual harvest (DAH), directed fishery for Loligo squid in the 2006, through 2400 hours, June 30, domestic annual processing, joint Exclusive Economic Zone (EEZ) will be 2006. venture processing, and total allowable closed effective 0001 hours, April 21, levels of foreign fishing for the species 2006. Vessels issued a Federal permit to FOR FURTHER INFORMATION CONTACT: Don managed under the Atlantic Mackerel, harvest Loligo squid may not retain or Frei, Fishery Management Specialist, Squid, and Butterfish Fishery land more than 2,500 lb (1,134 kg) of 978–281–9221, Fax 978–281–9135. Management Plan. The procedures for Loligo squid per trip for the remainder SUPPLEMENTARY INFORMATION: setting the annual initial specifications of the quarter (through June 30, 2006). Regulations governing the Loligo squid are described in § 648.21. This action is necessary to prevent the fishery are found at 50 CFR part 648. The 2006 specification of DAH for fishery from exceeding its Quarter II The regulations require specifications Loligo squid was set at 16,872.4 mt (71 quota and to allow for effective for maximum sustainable yield, initial FR 10621, March 2, 2006). This amount management of this stock. optimum yield, allowable biological is allocated by quarter, as shown below.

TABLE. 1 Loligo SQUID QUARTERLY ALLOCATIONS.

Research Quarter Percent Metric Tons1 Set-aside

I (Jan-Mar) 33.23 5,606.70 N/A II (Apr-Jun) 17.61 2,971.30 N/A III (Jul-Sep) 17.3 2,918.90 N/A IV (Oct-Dec) 31.86 5,375.60 N/A Total 100 16,872.50 127.5 1Quarterly allocations after 127.5 mt research set-aside deduction.

Section 648.22 requires NMFS to the fishery; and publish notification of 2006, when the Quarter III quota close the directed Loligo squid fishery in the closure in the Federal Register. The becomes available. the EEZ when 80 percent of the Administrator, Northeast Region, Classification quarterly allocation is harvested in NMFS, based on dealer reports and Quarters I, II, and III, and when 95 other available information, has This action is required by 50 CFR part percent of the total annual DAH has determined that 80 percent of the DAH 648 and is exempt from review under been harvested. NMFS is further for Loligo squid in Quarter II will be Executive Order 12866. required to notify, in advance of the harvested. Therefore, effective 0001 Authority: 16 U.S.C. 1801 et seq. closure, the Executive Directors of the hours, April 21, 2006, the directed Mid-Atlantic, New England, and South fishery for Loligo squid is closed and Dated: April 17, 2006. Atlantic Fishery Management Councils; vessels issued Federal permits for Loligo James P. Burgess, mail notification of the closure to all squid may not retain or land more than Acting Director, Office of Sustainable holders of Loligo squid permits at least 2,500 lb (1,134 kg) of Loligo during a Fisheries, National Marine Fisheries Service. 72 hours before the effective date of the calendar day. The directed fishery will [FR Doc. 06–3830 Filed 4–18–06; 3:38 pm] closure; provide adequate notice of the reopen effective 0001 hours, July 1, BILLING CODE 3510–22–S closure to recreational participants in

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Proposed Rules Federal Register Vol. 71, No. 78

Monday, April 24, 2006

This section of the FEDERAL REGISTER The proposed amendments are State or local laws, regulations, or contains notices to the public of the proposed intended to improve the operation and policies, unless they present an issuance of rules and regulations. The functioning of the marketing order irreconcilable conflict with the purpose of these notices is to give interested program. proposals. persons an opportunity to participate in the The Act provides that administrative rule making prior to the adoption of the final DATES: The hearing will be held on May rules. 17, 2006, in Modesto, California, proceedings must be exhausted before beginning at 8:30 a.m. and ending at parties may file suit in court. Under 4:30 p.m. The hearing will continue, if section 608c(15)(A) of the Act, any DEPARTMENT OF AGRICULTURE necessary, on May 18, 2006, handler subject to an order may file commencing at 8:30 a.m. with USDA a petition stating that the Agricultural Marketing Service order, any provision of the order, or any ADDRESSES: The hearing location is: obligation imposed in connection with 7 CFR Part 984 Stanislaus County Farm Bureau, 1201 L the order is not in accordance with law Street, Modesto, CA, 95353, telephone: and request a modification of the order [Docket No. AO–192–A7; FV06–984–1] (209) 522–7278. or to be exempted therefrom. A handler FOR FURTHER INFORMATION CONTACT: Walnuts Grown in California; Hearing is afforded the opportunity for a hearing Melissa Schmaedick, Marketing Order on the petition. The Act provides that on Proposed Amendment of Marketing Administration Branch, Fruit and Agreement and Order No. 984 the district court of the United States in Vegetable Programs, AMS, USDA, P.O. any district in which the handler is an AGENCY: Agricultural Marketing Service, Box 1035, Moab, Utah; telephone: (435) inhabitant, or has his or her principal USDA. 259–7988, Fax: (435) 259–4945; or place of business, has jurisdiction to Kathleen M. Finn, Marketing Order ACTION: Notice of hearing on proposed review the USDA’s ruling on the Administration Branch, Fruit and rulemaking. petition, provided an action is filed not Vegetable Programs, AMS, USDA, 1400 later than 20 days after the date of the SUMMARY: Notice is hereby given of a Independence Avenue, SW., Stop 0237, entry of the ruling. public hearing to receive evidence on Washington, DC 20250–0237; telephone: The hearing is called pursuant to the proposed amendments to Marketing (202) 720–2491, Fax (202) 720–8938. provisions of the Act and the applicable Order No. 984, which regulates the Small businesses may request rules of practice and procedure handling of walnuts grown in information on this proceeding by governing the formulation of marketing California. The amendments are contacting Jay Guerber, Marketing Order agreements and orders (7 CFR part 900). proposed by the Walnut Marketing Administration Branch, Fruit and The proposed amendments are the Board (Board), which is responsible for Vegetable Programs, AMS, USDA, 1400 result of a committee appointed by the local administration of order 984. The Independence Avenue, SW., Stop 0237, Board to conduct a review of the order. amendments would: Change the Washington, DC 20250–0237; telephone: The committee met several times in marketing year; include ‘‘pack’’ as a (202) 720–2491, Fax: (202) 720–8938. 2005 and drafted proposed amendments handler function; restructure the Board SUPPLEMENTARY INFORMATION: This to the order and presented them at and revise nomination procedures; administrative action is instituted industry meetings. The proposed rename the Board and add authority to pursuant to the Agricultural Marketing amendments were then forwarded to the change Board composition; modify Agreement Act of 1937, as amended (7 Board, which unanimously approved Board meeting and voting procedures; U.S.C. 601–674), hereinafter referred to them. The amendments are intended to add authority for marketing promotion as the ‘‘Act.’’ This action is governed by streamline organization and and paid advertising; add authority to the provisions of sections 556 and 557 administration of the marketing order accept contributions, and to carry over of title 5 of the United States Code and, program. excess assessment funds; broaden the therefore, is excluded from the The Board’s request for a hearing was scope of the quality control provisions requirements of Executive Order 12866. submitted to USDA on March 3, 2004. and add the authority to recommend The Regulatory Flexibility Act (5 The Board’s proposed amendments to different regulations for different market U.S.C. 601 et seq.) seeks to ensure that Marketing Order No. 984 (order) are destinations; add authority for the Board within the statutory authority of a summarized below. to appoint more than one inspection program, the regulatory and 1. Amend the order to change the service; replace outdated order language informational requirements are tailored marketing year from August 1 through with current industry terminology; and to the size and nature of small July 31 to September 1 through August other related amendments. businesses. Interested persons are 31. This proposal would amend § 984.7, The USDA proposes three additional invited to present evidence at the Marketing year, and would result in amendments: To establish tenure hearing on the possible regulatory and conforming changes being made to limitations for Board members, to informational impacts of the proposals § 984.36, Term of Office, and § 984.48 require that continuance referenda be on small businesses. Marketing estimates and conducted on a periodic basis to The amendments proposed herein recommendations. ascertain producer support for the order, have been reviewed under Executive 2. Amend the order by specifying that and to make any changes to the order as Order 12988, Civil Justice Reform. They the act of packing walnuts is considered may be necessary to conform with any are not intended to have retroactive a handling function. This proposal amendment that may result from the effect. If adopted, the proposed would amend § 984.13, To handle, as hearing. amendments would not preempt any well as clarify the definition of ‘‘pack’’

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in § 984.15 by including the term § 984.51, Inspection and certification of programs in effect for walnuts grown in ‘‘shell.’’ inshell and shelled walnuts. California. 3. (a) Amend all parts of the order that 12. (a) Amend the order by In addition, USDA proposes adding refer to cooperative seats on the Board, broadening the scope of the quality three provisions that would help assure redistribute member seats among control provisions and by adding that the operation of the program districts, and provide designated seats authority to recommend different conforms to current Department policy for a major handler, if such handler regulations for different market and that USDA can make any necessary existed. A major handler would have to destinations. This proposal would conforming changes. These provisions handle 35 percent or more of the crop. amend § 984.50, Grade and size would: This proposal would amend § 984.35, regulations. Walnut Marketing Board and § 984.14, 12. (b) Amend the order by adding 18. Establish tenure requirements for Handler. authority that would allow for shelled Board members. This proposal would 3. (b) Amend the Board member walnuts to be inspected after having amend § 984.36, Term of office. nomination process to reflect proposed been sliced, chopped, ground or in any 19. Require that continuance changes in the Board structure, as other manner changed from shelled referenda be conducted on a periodic outlined in 3(a). This proposal would walnuts, if regulations for such walnuts basis to ascertain industry support for amend § 984.37, Nominations, and are in effect. This proposal would the order and add more flexibility in the § 984.40, Alternate. amend § 984.52, Processing of shelled termination provisions. This proposal 4. Require Board nominees to submit walnuts. would amend § 984.89 Effective time a written qualification and acceptance 13. Amend the order by adding and termination. statement prior to selection by USDA. authority for marketing promotion and This proposal would amend § 984.39, 20. Make such changes as may be paid advertising. This proposal would necessary to the order to conform with Qualify by acceptance. amend § 984.46, Research and 5. Change the name of the Walnut any amendment thereto that may result development. from the hearing. Marketing Board to the California 14. Amend the order to replace the Walnut Board. This proposal would terms ‘‘carryover’’ with ‘‘inventory,’’ The public hearing is held for the amend § 984.6, Board, and § 984.35, and ‘‘mammoth’’ with ‘‘jumbo,’’ to purpose of: (i) Receiving evidence about Walnut Marketing Board. reflect current day industry procedures. the economic and marketing conditions 6. Add authority to reestablish This proposal would amend § 984.21, which relate to the proposed districts, reapportion members among Handler inventory, § 984.67, Exemption, amendments of the order; (ii) districts, and revise groups eligible for and would also result in conforming determining whether there is a need for representation on the Board. This changes being made to § 984.48, the proposed amendments to the order; proposal would add a new paragraph (d) Marketing estimates and and (iii) determining whether the to § 984.35, Walnut Marketing Board. proposed amendments or appropriate 7. Amend Board quorum and voting recommendations, and § 984.71, Reports of handler carryover. modifications thereof will tend to requirements to add percentage effectuate the declared policy of the Act. requirements, add authority for the 15. (a) Amend the order to clarify the Board to vote by ‘‘any other means of term ‘‘transfer’’ and to add authority for Testimony is invited at the hearing on communication’’ (including facsimile) the Board to recommend methods and all the proposals and recommendations and add authority for Board meetings to procedures, including necessary reports, contained in this notice, as well as any be held by telephone or by ‘‘any other for administrative oversight of such appropriate modifications or means of communication’’, providing transfers. This proposal would amend alternatives. that all votes cast at such meetings shall § 984.59, Interhandler transfers. All persons wishing to submit written be confirmed in writing. This proposal 15. (b) Amend the order to add material as evidence at the hearing would amend § 984.45, Procedure and authority to require reports of should be prepared to submit four would result in a conforming change in interhandler transfers. This proposal copies of such material at the hearing § 984.48(a), Marketing estimates and would amend § 984.73, Reports of and should have prepared testimony recommendations. walnut receipts. available for presentation at the hearing. 8. Amend the order to add authority 16. Update and simplify the language in § 984.22, Trade demand, to state From the time the notice of hearing is to carry over excess assessment funds. issued and until the issuance of a final This proposal would amend § 984.69, ‘‘United States and its territories,’’ rather than name ‘‘Puerto Rico’’ and decision in this proceeding, USDA Assessments. employees involved in the decisional 9. Amend the order by adding ‘‘The Canal Zone’’. process are prohibited from discussing authority to accept contributions. This 17. Amend the order by adding the merits of the hearing issues on an ex proposal would add a new § 984.70, language that would acknowledge that parte basis with any person having an Contributions. the Board may deliberate, consult, 10. Amend the order to clarify that cooperate and exchange information interest in the proceeding. The members and alternate members may be with the California Walnut Commission. prohibition applies to employees in the reimbursed for expenses incurred while Any information sharing would be kept following organizational units: Office of performing their duties and that confidential. This would add a new the Secretary of Agriculture; Office of reimbursement includes per diem. This § 984.91, Relationship with the the Administrator, AMS; Office of the proposal would amend § 984.42, California Walnut Commission. General Counsel, except any designated Expenses. The Board works with USDA in employee of the General Counsel 11. Amend the order to add authority administering the orders. These assigned to represent the Committee in for the Board to appoint more than one proposals have not received the this proceeding; and the Fruit and inspection service as long as the approval of the Department. The Board Vegetable Programs, AMS. functions performed by each service are believes that the proposed changes Procedural matters are not subject to separate and do not conflict with each would improve the administration, the above prohibition and may be other. This proposal would amend operation, and functioning of the discussed at any time.

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List of Subjects in 7 CFR Part 984 (6) Its recommendation as to the free the nine handler and grower members Walnuts, Marketing agreements, Nuts, and reserve percentages to be and after the opportunity for such Reporting and recordkeeping established for walnuts; members to nominate the tenth member requirements. (7) Its recommendation of the and alternate. The tenth member and his percentage of reserve walnuts that may or her alternate shall be neither a walnut PART 984—WALNUTS GROWN IN be exported pursuant to § 984.56, when grower nor a handler. CALIFORNIA it determines that the quantity of reserve (b) In the event that one handler walnuts that may be exported should be handles 35% or more of the crop the 1. The authority citation for 7 CFR limited; membership of the Board shall be as part 984 continues to read as follows: (8) Its opinion as to whether grower follows: Authority: 7 U.S.C. 601–674. prices are likely to exceed parity; and (1) Two handler members to represent 2. Testimony is invited on the (9) Its recommendation for change, if the handler that handles 35% or more following proposals or appropriate any, in grade and size regulations. of the crop; alternatives or modifications to such (b) [Reserved]. (2) Two members to represent growers who market their walnuts through the proposals. Proposal Number 2 Proposals submitted by the Walnut handler that handles 35% or more of the Marketing Board are as follows: 6. Revise § 984.13 to read as follows: crop; (3) Two handler members to represent Proposal Number 1 § 984.13 To handle. handlers that do not handle 35% or 3. Revise § 984.7 to read as follows: To handle means to pack, sell, more of the crop; consign, transport, or ship (except as a (4) One member to represent growers § 984.7 Marketing year. common or contract carrier of walnuts from District 1 who market their Marketing year means the twelve owned by another person), or in any walnuts through handlers that do not months from September 1 to the other way to put walnuts, inshell or handle 35% or more of the crop; following August 31, both inclusive, or shelled, into the current of commerce (5) One member to represent growers any other such period deemed either within the area of production or from District 2 who market their appropriate and recommended by the from such area to any point outside walnuts through handlers that do not Board for approval by the Secretary. thereof, or for a manufacturer or retailer handle 35% or more of the crop; 4. Revise § 984.36 to read as follows: within the area of production to (6) One member to represent growers § 984.36 Term of office. purchase directly from a grower: The who market their walnuts through The term of office of Board members, term ‘‘to handle’’ shall not include sales handlers that do not handle 35% or and their alternates shall be for a period and deliveries within the area of more of the crop shall be nominated at of two years ending on August 31 of production by growers to handlers, or large from the production area; and, odd-numbered years, but they shall between handlers. (7) One member and alternate who serve until their respective successors 7. Revise § 984.15 to read as follows: shall be selected after the selection of are selected and have qualified. § 984.15 Pack. the nine handler and grower members 5. Revise § 984.48 to read as follows: and after the opportunity for such Pack means to bleach, clean, grade, members to nominate the tenth member § 984.48 Marketing estimates and shell or otherwise prepare walnuts for and alternate. The tenth member and his recommendations. market as inshell or shelled walnuts. or her alternate shall be neither a walnut (a) Each marketing year the Board Proposal Number 3(a) grower nor a handler. shall hold a meeting, prior to October (c) Grower Districts: 20, for the purpose of recommending to 8. Revise § 984.35 to read as follows: (1) District 1. District 1 encompasses the Secretary a marketing policy for § 984.35 Walnut Marketing Board. the counties in the State of California such year. Each year such (a) A Walnut Marketing Board is that lie north of a line drawn on the recommendation shall be adopted by south boundaries of San Mateo, the affirmative vote of at least six hereby established consisting of 10 members selected by the Secretary, each Alameda, San Joaquin, Calaveras, and members of the Board and shall include Alpine Counties. the following, and where applicable, on of whom shall have an alternate nominated and selected in the same way (2) District 2. District 2 shall consist a kernelweight basis: of all other walnut producing counties (1) Its estimate of the orchard-run and with the same qualifications as the member. The members and their in the State of California south of the production in the area of production for boundary line set forth in paragraph the marketing year; alternates shall be selected by the Secretary from nominees submitted by (c)(1) of this section. (2) Its estimate of the handler 9. Revise § 984.14 to read as follows: carryover on September 1 of inshell and each of the following groups or from shelled walnuts; other eligible persons belonging to such § 984.14 Handler. (3) Its estimate of the merchantable groups: Handler means any person who and substandard walnuts in the (1) Two handler members from handles inshell or shelled walnuts. production; District 1; (4) Its estimate of the trade demand (2) Two handler members from Proposal Number 3(b) for such marketing year for shelled and District 2; 10. Revise § 984.37 to read as follows: inshell walnuts, taking into (3) Two grower members from District consideration trade carryover, imports, 1; § 984.37 Nominations. prices, competing nut supplies, and (4) Two grower members from District (a) Nominations for all grower other factors; 2; members shall be submitted by ballot (5) Its recommendation for desirable (5) One member nominated at-large pursuant to an announcement by press handler carryover of inshell and shelled from the production area; and, releases of the Board to the news media walnuts on August 31 of each marketing (6) One member and alternate who in the walnut producing areas. Such year; shall be selected after the selection of releases shall provide pertinent voting

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information, including the names of (3) Nominations on behalf of all other June 15 of each odd-numbered year, candidates and the location where grower members (Groups (b) (4), (5) and together with a certified summary of the ballots may be obtained. Ballots shall be (6) of § 984.35) shall be submitted after results of the nominations. If the Board accompanied by full instructions as to ballot by such growers pursuant to an fails to report nominations to the their markings and mailing and shall announcement by press releases of the Secretary in the manner herein specified include the names of incumbents who Board to the news media in the walnut by June 15 of each odd-numbered year, are willing to continue serving on the producing areas. Such releases shall the Secretary may select the members Board and such other candidates as may provide pertinent voting information, without nomination. If nominations for be proposed pursuant to methods including the names of candidates and the tenth member are not submitted by established by the Board with the the location where ballots may be September 1 of any such year, the approval of the Secretary. Each grower, obtained. Ballots shall be accompanied Secretary may select such member regardless of the number and location of by full instructions as to their markings without nomination. his or her walnut orchard(s), shall be and mailing and shall include the (g) The Board, with the approval of entitled to cast only one ballot in the names of incumbents who are willing to the Secretary, may change these nomination and each vote shall be given continue serving on the Board and such nomination procedures should the equal weight. If the grower has other candidates as may be proposed Board determine that a revision is orchard(s) in both grower districts, he or pursuant to methods established by the necessary. she shall advise the Board of the district Board with the approval of the in which he/she desires to vote. The Secretary. Each grower in Groups 11. Revise § 984.40 to read as follows: person receiving the highest number of (Groups (b) (4), (5) and (6) of § 984.35), § 984.40 Alternate. votes for each grower position shall be regardless of the number and location of the nominee. his or her walnut orchard(s), shall be (a) An alternate for a member of the (b) Nominations for handler members entitled to cast only one ballot in the Board shall act in the place and stead of shall be submitted on ballots mailed by nomination and each vote shall be given such member in his or her absence or the Board to all handlers in their equal weight. If the grower has in the event of his or her death, removal, respective Districts. All handlers’ votes orchard(s) in both grower districts he or resignation, or disqualification, until a shall be weighted by the kernelweight of she shall advise the Board of the district successor for his or her unexpired term walnuts certified as merchantable by in which he or she desires to vote. The has been selected and has qualified. each handler during the preceding person receiving the highest number of (b) In the event any member of the marketing year. Each handler in the votes for grower position shall be the Board and his or her alternate are both production area may vote for handler nominee. unable to attend a meeting of the Board, member nominees and their alternates. (4) Nominations for handler members any alternate for any other member However, no handler with less than representing handlers that do not representing the same group as the 35% of the crop shall have more than handle 35% or more of the crop shall be absent member may serve in the place one member and one alternate member. submitted on ballots mailed by the of the absent member, or in the event The person receiving the highest Board to those handlers. The votes of such other alternate cannot attend, or number of votes for each handler these handlers shall be weighted by the there is no such other alternate, such member position shall be the nominee kernelweight of walnuts certified as member, or in the event of his or her for that position. merchantable by each handler during disability or a vacancy, his or her (c) In the event that one handler the preceding marketing year. Each alternate may designate, subject to the handles 35% or more of the crop the handler in the production area may vote disapproval of the Secretary, a membership of the Board, nominations for handler member nominees and their temporary substitute to attend such shall be as follows: alternates of this subsection. However, meeting. At such meeting such (1) Nominations of growers who no handler shall have more than one temporary substitute may act in the market their walnuts to the handler that person on the Board either as member place of such member. handles 35% or more of the crop shall or alternate member. The person be conducted by that handler in such a receiving the highest number of votes Proposal Number 4 manner that is consistent with the for a handler member position of this 12. Revise § 984.39 to read as follows: requirements of nominations of growers subsection shall be the nominee for that conducted by the Board. The two position. § 984.39 Qualify by acceptance. persons receiving the highest number of (d) Each grower is entitled to Any person nominated to serve as a votes for the grower positions attributed participate in only one nomination member or alternate member of the to that handler (Group (b)(2) of § 984.35) process, regardless of the number of Board shall, prior to selection by USDA, shall be the nominees. The two persons handler entities to whom he or she qualify by filing a written qualification receiving the third and fourth highest delivers walnuts. If a grower delivers and acceptance statement indicating number of votes shall be designated as walnuts to more than one handler such person’s willingness to serve in the alternates. entity, the grower must choose which position for which nominated. (2) Nominations for the two handler nomination process he or she members representing the major handler participates in. Proposal Number 5 shall be conducted by the major handler (e) The nine members shall nominate in such a manner that is consistent with one person as member and one person 13. Revise § 984.6 to read as follows: the requirements of nominations of as alternate for the tenth member § 984.6 Board. handlers conducted by the Board. The position. The tenth member and two (2) persons receiving the highest alternate shall be nominated by not less Board means the California Walnut number of votes for the major handler than 6 votes cast by the nine members Board established pursuant to § 934.35. positions shall be the nominees. The of the Board. 14. In addition to the Board’s two persons receiving the third and (f) Nominations in the foregoing recommended changes as set forth in fourth highest number of votes shall be manner received by the Board shall be Proposal No. 3(a), revise § 984.35(a) designated as alternates. reported to the Secretary on or before introductory text to read as follows:

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§ 984.35 California Walnut Board. equivalent of sixty percent (60%) of the from the sale or other disposal of pooled (a) A California Walnut Board is Board, shall be required for the conduct reserve walnuts. hereby established consisting of 10 of Board business. (c) Accounting. If at the end of a members selected by the Secretary, each (c) The Board may vote by mail or marketing year the assessments of whom shall have an alternate telegram, or by any other means of collected are in excess of expenses nominated and selected in the same way communication, upon due notice to all incurred, such excess shall be and with the same qualifications as the members. When any proposition is to be accounted for in accordance with one of member. The members and their voted on by any of these methods, one the following: alternates shall be selected by the dissenting vote shall prevent its (1) If such excess is not retained in a Secretary from nominees submitted by adoption. The Board, with the approval reserve, as provided in paragraph (c)(2) each of the following groups or from of the Secretary, shall prescribe the or (c)(3) of this section, it shall be other eligible persons belonging to such minimum number of votes that must be refunded to handlers from whom groups: cast when voting is by any of these collected and each handler’s share of * * * * * methods, and any other procedures such excess funds shall be the amount necessary to carry out the objectives of of assessments he or she has paid in Proposal Number 6 this paragraph. excess of his or her pro rata share of the 15. In addition to the Board’s (d) The Board may provide for actual expenses of the Board. recommended changes as set forth in meetings by telephone, or other means (2) Excess funds may be used Proposal No.3(a) and Proposal No. 5, of communication and any vote cast at temporarily by the Board to defray add a new paragraph (d) to § 984.35 to such a meeting shall be confirmed expenses of the subsequent marketing read as follows: promptly in writing: Provided, That if year: Provided, That each handler’s any assembled meeting is held, all votes share of such excess shall be made § 984.35 California Walnut Board. shall be cast in person. available to him or her by the Board * * * * * 17. In addition to the Board’s within five months after the end of the (d) The Secretary, upon recommended changes as set forth in year. recommendation of the Board, may Proposal No. 1, revise § 984.48(a) (3) The Board may carry over such reestablish districts, may reapportion introductory text to read as follows: excess into subsequent marketing years members among districts, and may as a reserve: Provided, That funds revise the groups eligible for § 984.48 Marketing estimates and already in reserve do not exceed recommendations. representation on the Board specified in approximately two years’ budgeted paragraphs (a) and (b) of this section: (a) Each marketing year the Board expenses. In the event that funds exceed Provided, That any such shall hold a meeting, prior to October two marketing years’ budgeted recommendation shall require at least 20, for the purpose of recommending to expenses, future assessments will be six concurring votes of the voting the Secretary a marketing policy for reduced to bring the reserves to an members of the Board. In such year. Each year such amount that is less than or equal to two recommending any such changes, the recommendation shall be adopted by marketing years’ budgeted expenses. following shall be considered: the affirmative vote of at least 60% of Such reserve funds may be used: (1) Shifts in acreage within districts the Board and shall include the (i) To defray expenses, during any and within the production area during following, and where applicable, on a marketing year, prior to the time recent years; kernelweight basis: assessment income is sufficient to cover (2) The importance of new production * * * * * such expenses; (ii) To cover deficits incurred during in its relation to existing districts; Proposal Number 8 (3) The equitable relationship any year when assessment income is between Board apportionment and 18. Revise § 984.69 to read as follows: less than expenses; districts; § 984.69 Assessments. (iii) To defray expenses incurred (4) Changes in industry structure and/ during any period when any or all or the percentage of crop represented by (a) Requirement for payment. Each provisions of this part are suspended; various industry entities resulting in the handler shall pay the Board, on (iv) To meet any other such costs existence of two or more major demand, his or her pro rata share of the recommended by the Board and handlers; expenses authorized by the Secretary for approved by the Secretary. (5) Other relevant factors. each marketing year. Each handler’s pro (d) Termination. Any money collected rata share shall be the rate of assessment from assessments hereunder and Proposal Number 7 per kernelweight pound of walnuts remaining unexpended in the 16. Revise § 984.45 to read as follows: fixed by the Secretary times the possession of the Board upon kernelweight of merchantable walnuts termination of this part shall be § 984.45 Procedure. he or she has certified. At any time distributed in such manner as the (a) The members of the Board shall during or after the marketing year the Secretary may direct. select a chairman from their Secretary may increase the assessment membership, and shall select such other rate as necessary to cover authorized Proposal Number 9 officers and adopt such rules for the expenses and each handler’s pro rata 19. Add a new § 984.70 to read as conduct of Board business as they deem share shall be adjusted accordingly. follows: advisable. The Board shall give the (b) Reserve walnut pool expenses. The Secretary the same notice of its meetings Board is authorized temporary use of § 984.70 Contributions. as is given to members of the Board. funds derived from assessments The Board may accept voluntary (b) All decisions of the Board, except collected pursuant to paragraph (a) of contributions but these shall only be where otherwise specifically provided, this section to defray expenses incurred used to pay expenses incurred pursuant shall be by a sixty-percent (60%) super- in disposing of reserve walnuts pooled. to § 984.46, Research and development. majority vote of the members present. A All such expenses shall be deducted Furthermore, such contributions shall quorum of six members, or the from the proceeds obtained by the Board be free from any encumbrances by the

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donor and the Board shall retain altered or removed except as directed by Secretary, may specify the minimum complete control of their use. the Board. The assessment requirements kernel content and related requirements in § 984.69 shall be incurred at the time for any lot of walnuts acceptable for Proposal Number 10 of certification. disposition for credit against a reserve 20. Revise § 984.42 to read as follows: (d) Whenever the Board determines obligation: Provided, That reserve that the length of time in storage or walnuts exported must meet the § 984.42 Expenses. conditions of storage of any lot of requirements of paragraph (a) of this The members and their alternates of merchantable walnuts which has been section if inshell, or paragraph (b) of the Board shall serve without previously inspected have been or are this section if shelled. compensation, but shall be allowed such as normally to cause deterioration, Proposal Number 12(b) their necessary expenses incurred by such lot of walnuts shall be reinspected them in the performance of their duties at the handler’s expense and recertified 23. Revise § 984.52 to read as follows: under this part. as merchantable prior to shipment. § 984.52 Processing of shelled walnuts. Proposal Number 11 Proposal Number 12(a) (a) No handler shall slice, chop, grind, 21. Revise § 984.51 to read as follows: 22. Revise § 984.50 to read as follows: or in any manner change the form of shelled walnuts unless such walnuts § 984.51 Inspection and certification of § 984.50 Grade, quality and size have been certified as merchantable or inshell and shelled walnuts. regulations. unless such walnuts meet quality (a) Before or upon handling of any (a) Minimum standard for inshell regulations established under walnuts for use as free or reserve walnuts. Except as provided in § 984.64, § 984.50(d) if such regulations are in walnuts, each handler at his or her own no handler shall handle inshell walnuts effect. expense shall cause such walnuts to be unless such walnuts are equal to or (b) Any lot of shelled walnuts which, inspected to determine whether they better than the requirements of U.S. No. upon inspection, fails to meet the meet the then applicable grade and size 2 grade and baby size as defined in the minimum standard effective pursuant to regulations. Such inspection shall be then effective United States Standards § 984.50 solely due to excess shriveling performed by the inspection service or for Walnuts (Juglans regia) in the Shell. may be certified for processing provided services designated by the Board with This minimum standard may be that the total amount of shrivel does not the approval of the Secretary; Provided, modified by the Secretary on the basis exceed 20 percent, by weight, of the lot. That if more than one inspection service of a Board recommendation or other All such walnuts must be reinspected is designated, the functions performed information. after processing and shall be certified as by each service shall be separate, and (b) Minimum standard for shelled merchantable if the processed material shall not conflict with each other. walnuts. Except as provided in § 984.64, meets the effective minimum standard. Handlers shall obtain a certificate for no handler shall handle shelled walnuts The provisions of this paragraph may be each inspection and cause a copy of unless such walnuts are equal to or modified by the Secretary, upon each certificate issued by the inspection better than the requirements of the U.S. recommendation of the Board or other service to be furnished to the Board. Commercial grade as defined in the then information. Each certificate shall show the identity effective United States Standards for (c) The Board shall establish such of the handler, quantity of walnuts, the Shelled Walnuts (Juglans regia) and the procedures as are necessary to insure date of inspection, and for inshell minimum size shall be pieces not more that all such walnuts are inspected prior walnuts the grade and size of such than 5 percent of which will pass to being placed into the current of walnuts as set forth in the United States through a round opening 6⁄64 inch in commerce. Standards for Walnuts (Juglans regia) in diameter. This minimum standard may Proposal Number 13 the Shell. Certificates covering reserve be modified by the Secretary on the shelled walnuts for export shall also basis of a Board recommendation or 24. Revise § 984.46 to read as follows: show the grade, size, and color of such other information. § 984.46 Research and development. walnuts as set forth in the United States (c) Effective period. The minimum The Board, with the approval of the Standards for Shelled Walnuts (Juglans standards established pursuant to Secretary, may establish or provide for regia). The Board, with the approval of paragraphs (a) and (b) of this section the establishment of production the Secretary, may prescribe such and the provisions of this part relating research, marketing research and additional information to be shown on to the administration thereof, shall development projects, and marketing the inspection certificates as it deems continue in effect irrespective of promotion, including paid advertising, necessary for the proper administration whether the season average price for designed to assist, improve, or promote of this part. walnuts is above the parity level the marketing, distribution, and (b) Inshell merchantable walnuts specified in section 2(1) of the Act. consumption or efficient production of certified shall be converted to the (d) Additional grade, size or other walnuts. The expenses of such projects kernelweight equivalent at 45 percent of quality regulation. The Board may shall be paid from funds collected their inshell weight. This conversion recommend to the Secretary additional pursuant to § 984.69 and § 984.70. percentage may be changed by the grade, size or other quality regulations, Board with the approval of the and may also recommend different Proposal Number 14 Secretary. regulations for different market 25. Revise § 984.21 to read as follows: (c) Upon inspection, all walnuts for destinations. If the Secretary finds on use as free or reserve walnuts shall be the basis of such recommendation or § 984.21 Handler inventory. identified by tags, stamps, or other other information that such additional Handler inventory as of any date means of identification prescribed by regulations would tend to effectuate the means all walnuts, inshell or shelled the Board and affixed to the container declared policy of the Act, he or she (except those held in satisfaction of a by the handler under the supervision of shall establish such regulations. reserve obligation), wherever located, the Board or of a designated inspector (e) Minimum requirements for reserve. then held by a handler or for his or her and such identification shall not be The Board, with the approval of the account.

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26. Revise § 984.67 to read as follows: (3) * * * Board may deliberate, consult, (4) Its estimate of the trade demand cooperate and exchange information § 984.67 Exemptions. for such marketing year for shelled and with the California Walnut Commission, (a) Exemption from volume inshell walnuts, taking into whose activities compliment those of regulation. Reserve percentages shall consideration trade inventory, imports, the Board. Any sharing of information not apply to lots of merchantable inshell prices, competing nut supplies, and gathered under this subpart shall be walnuts which are of jumbo size or other factors; kept confidential in accordance with larger as defined in the then effective (5) Its recommendation for desirable provisions under section 10(i) of the United States Standards for Walnuts in handler inventory of inshell and shelled Act. the Shell, or to such quantities as the walnuts on August 31 of each marketing Proposals submitted by USDA are as Board may, with the approval of the year; follows: Secretary, prescribe. * * * * * Proposal Number 18 (b) Exemptions from assessments, 28. Revise § 984.71 to read as follows: quality, and volume regulations: 33. Revise § 984.36 to read as follows: (1) Sales by growers direct to § 984.71 Reports of handler inventory. consumers. Any walnut grower may Each handler shall submit to the § 984.36 Term of office. handle walnuts of his or her own Board in such form and on such dates The term of office of Board members, production free of the regulatory and as the Board may prescribe, reports and their alternates shall be for a period assessment provisions of this part if he showing his or her inventory of inshell of two years ending on June 30 of odd- or she sells such walnuts in the area of and shelled walnuts. numbered years, but they shall serve production directly to consumers under until their respective successors are Proposal Number 15(a) the following types of exemptions. selected and have qualified. Board (i) At roadside stands and farmers’ 29. Revise § 984.59 to read as follows: members may serve up to four markets; § 984.59 Interhandler transfers. consecutive, two-year terms of office. In (ii) In quantities not exceeding an no event shall any member serve more aggregate of 500 pounds of inshell For the purposes of this part, transfer than eight consecutive years on the walnuts or 200 pounds of shelled means the sale of inshell and shelled Board. For purposes of determining walnuts during any marketing year (at walnuts within the area of production when a Board member has served four locations other than those specified in by one handler to another. The receiving consecutive terms, the accrual of terms (b)(i) of this section); and handler shall comply with the shall begin following any period of at (iii) If shipped by parcel post or regulations made effective pursuant to least twelve consecutive months out of express in quantities not exceeding 10 this part. The Board, with the approval office. The limitation on tenure shall not pounds of inshell walnuts or 4 pounds of the Secretary, may establish methods apply to alternates. of shelled walnuts to any one consumer and procedures, including necessary in any one calendar day. reports, for such transfers. Proposal Number 19 (2) Green walnuts. Walnuts which are Proposal Number 15(b) 34. Amend § 984.89 by redesignating green and which are so immature that the current paragraph (b)(4) as (b)(5), 30. Revise § 984.73 to read as follows: they cannot be used for drying and sale and adding a new paragraph (b)(4) to as dried walnuts may be handled § 984.73 Reports of walnut receipts. read as follows: without regard to the provisions of this Each handler shall file such reports of part. § 984.89 Effective time and termination. his or her walnut receipts from growers, (3) Noncompetitive outlets. Any handlers, or others in such form and at (a) * * * person may handle walnuts, free of the such times as may be requested by the (b) * * * provisions of this part, for use by Board with the approval of the (1) * * * charitable institutions, relief agencies, Secretary. (2) * * * governmental agencies for school lunch (3) * * * programs, and diversion to animal feed Proposal Number 16 (4) Within six years of the effective or oil manufacture pursuant to an 31. Revise § 984.22 to read as follows: date of this part the Secretary shall authorized governmental diversion conduct a referendum to ascertain § 984.22 Trade demand. program. whether continuance of this part is (c) Rules and modifications. The (a) Inshell. The quantity of favored by producers. Subsequent Board may establish, with the approval merchantable inshell walnuts that the referenda to ascertain continuance shall of the Secretary, such rules, regulations trade will acquire from all handlers be conducted every six years thereafter. and safeguards and such modifications during a marketing year for distribution The Secretary may terminate the as will promote the objectives of this in the United States and its territories. provisions of this part at the end of any subpart. (b) Shelled. The quantity of fiscal period in which the Secretary has 27. In addition to the Board’s merchantable shelled walnuts that the found that continuance of this part is recommended changes set forth in trade will acquire from all handlers not favored by a two thirds (2/3) Proposal Nos. 1 and 7, revise § 984.48 during a marketing year for distribution majority of voting producers, or a two (a)(2), (a)(4), and (a)(5) to read as in the United States and its territories. thirds (2/3) majority of volume follows: Proposal Number 17 represented thereby, who, during a representative period determined by the § 984.48 Marketing estimates and 32. Add a new § 984.91 to read as recommendations. Secretary, have been engaged in the follows: (a) * * * production for market of walnuts in the (1) * * * § 984.91 Relationship with the California production area. Such termination shall (2) Its estimate of the handler Walnut Commission. be announced on or before the end of inventory on September 1 of inshell and In conducting Board activities and the production year. shelled walnuts; other objectives under this part, the * * * * *

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Proposal Number 20 586–3142, between the hours of 9 a.m of 20.8 million barrels in the aftermath Make such changes as may be and 4 p.m., Monday to Friday, except of Hurricane Katrina. necessary to the order to conform with Federal holidays. Crude oil was initially acquired for any amendment thereto that may result FOR FURTHER INFORMATION CONTACT: the SPR by direct purchases on the open from the hearing. Lynnette le Mat, Director, Operations market. Through an Interagency and Readiness, Office of Petroleum Agreement, the Department of Defense Dated: April 18, 2006. Reserves, FE–43, U.S. Department of served as DOE’s agent to acquire crude Lloyd C. Day, Energy, 1000 Independence Ave., SW., oil using appropriated funds to attempt Administrator, Agricultural Marketing Washington, DC 20585, (202) 586–4398. to meet a series of target fill rates Service. SUPPLEMENTARY INFORMATION: specified by Congress. Petroleum was [FR Doc. E6–6071 Filed 4–21–06; 8:45 am] acquired through a combination of spot Table of Contents BILLING CODE 3410–02–P market purchases and term contracts, I. Introduction including a matching purchase and sale A. Background involving the Government’s share of DEPARTMENT OF ENERGY B. Energy Policy Act of 2005 production from the Naval Petroleum II. Proposed Acquisition Procedures Reserve in California. Except for various 10 CFR Part 626 A. Discussion of Acquisition Principles B. Vehicles for Petroleum Acquisition pauses occasioned by geopolitical RIN 1901–AB16 C. Description of the Proposed Rule events, e.g., Desert Storm, the Defense III. Regulatory Review Fuel Supply Center (currently the Procedures for the Acquisition of A. Executive Order 12866 Defense Energy Support Center) Petroleum for the Strategic Petroleum B. National Environmental Policy Act continued to function as DOE’s Reserve C. Regulatory Flexibility Act acquisition agent for direct purchases D. Paperwork Reduction Act through 1994, at which time funds from AGENCY: Office of Petroleum Reserves, E. Unfunded Mandates Reform Act of 1995 direct appropriations and receipts from Department of Energy. F. Treasury and General Government Appropriations Act, 1999 sales in 1990 and 1991 were exhausted. ACTION: Notice of proposed rulemaking. G. Executive Order 13132 In December 1981, DOE entered into the first of a series of four country-to- SUMMARY: The Energy Policy Act of 2005 H. Executive Order 12988 I. Treasury and General Government country contracts with Petroleos directs the Secretary of Energy to Appropriations, 2001 Mexicanos (PEMEX), the state-owned develop procedures for the acquisition oil company of Mexico. These term of petroleum for the Strategic Petroleum I. Introduction contracts—under which deliveries of Reserve (SPR) in appropriate A. Background approximately 220 million barrels of circumstances. The Department of petroleum were completed in 1990— Energy (DOE) is today proposing The Strategic Petroleum Reserve was employed commercial market terms and procedures for the acquisition of established pursuant to the Energy were priced according to a formula petroleum for the SPR, including Policy and Conservation Act (EPCA) (42 indexed to prices of globally-traded acquisition by direct purchase and U.S.C. 6201 et seq.) to store petroleum petroleum. transfer of royalty oil from the to diminish the impact on the United In 1996, in a series of congressionally- Department of the Interior. The States of disruptions in petroleum mandated sales, an aggregate 28 million proposed rule also has provisions supplies and to carry out the obligations barrels of SPR inventory were sold to concerning the deferral of scheduled of the United States under the fund SPR programmatic requirements deliveries of petroleum for the SPR. International Energy Program. EPCA authorizes the storage of up to one and for general deficit reduction DATES: Comments are due on May 24, billion barrels of petroleum and permits purposes. Subsequently, pursuant to a 2006. the Secretary of Energy to acquire 1999 Memorandum of Understanding ADDRESSES: You may submit comments, petroleum for storage in the SPR by a (MOU) between the Department of the identified by RIN Number 1901–AB16 variety of methods. Interior (DOI) and DOE, DOE initiated a by any of the following methods: Since its authorization, the Federal program to replace the 28 million • Federal eRulemaking Portal: http:// Government has created six crude oil barrels by the transfer to DOE of crude www.regulations.gov. Follow the storage sites and subsequently oil royalties collected in-kind on instructions for submitting comments. decommissioned two of the six. The production from Federal leases in the • E-Mail: [email protected]. SPR currently consists of underground Gulf of Mexico Outer Continental Shelf. Include RIN Number 1901–AB16 in the storage caverns located in the four Under this MOU, DOE contracted with subject line of the message. Government-owned sites. The locations commercial entities to receive the • Mail: Office of Petroleum Reserves, are Bryan Mound and Big Hill in Texas royalty oil at offshore production FE–40, U.S. Department of Energy, 1000 and West Hackberry and Bayou facilities and transfer it to the SPR, Independence Avenue, SW., Choctaw in Louisiana. These four either directly or by exchange for other Washington, DC 20585. storage locations have salt dome caverns crude oil meeting SPR quality You may obtain electronic copies of with 727 million barrels of useable specifications. this notice of proposed rulemaking and storage capacity. In 1998, in order to improve the review comments received by DOE at Over the last thirty years, the efficiency of drawdown operations at the following Web sites: http:// Government has acquired the Bryan Mound site, DOE conducted www.fe.doe.gov/programs/reserves and approximately 800 million barrels of a competition under the exchange http://www.spr.doe.gov. Those without petroleum for the SPR. Over 100 million authority in EPCA to trade crude oil of Internet access may access this barrels of oil have been withdrawn from one type for another type of superior information by visiting the DOE the SPR for sale or exchange. The quality. Although this resulted in a net Freedom of Information Reading Room, inventory reached its highest level of decrease in the number of barrels in Rm. 1E–190, 1000 Independence 700.7 million barrels in August 2005 inventory, the upgrade in oil quality Avenue SW., Washington, DC, (202) before the drawdown, exchange and sale maintained the value of the

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Government’s assets and enhanced one billion barrel capacity authorized by Interior. Additionally, the procedures emergency response capabilities. section 154(a) of EPCA (42 U.S.C. address deferrals of deliveries. In the fall of 2000, again under the 6234(a)) as expeditiously as practicable, II. Proposed Acquisition Procedures EPCA exchange authority, DOE without incurring excessive cost or conducted a time exchange of oil from appreciably affecting the price of A. Discussion of Acquisition Principles the SPR. Through open competition, petroleum products to consumers. DOE DOE will consider a wide range of DOE entered into agreements with nine estimates that the acquisition of the factors consonant with the objectives set companies to exchange 30 million approximately 300 million barrel forth in section 160 (b) of EPCA and the barrels of oil. Under these agreements, difference between the current and new section 160 (c) added by the Energy oil delivered to companies from SPR authorized SPR inventory would likely Policy Act of 2005. Careful and sites was to be repaid the following year take approximately 15 years. The rate of deliberative consideration of these with oil of comparable quality and acquisition depends on the availability factors will occur prior to acquisition of quantity plus additional premium of capacity to receive and hold the oil petroleum for the SPR or deferral of barrels paid as interest. and by the availability of oil either scheduled deliveries. In November 2001, the through transfer from the Department of While the mission of the SPR is to Administration announced it would the Interior to DOE or through provide energy security by storing extend the royalty-in-kind program to purchases, which will be affected by the substantial quantities of petroleum, the fill the SPR to a level of 700 million availability of funds. acquisition of petroleum to meet this barrels. To accomplish this, a new MOU In addition, section 301(e)(2) of the long term objective must be conducted was signed with the Department of Energy Policy Act of 2005 amends EPCA using the criteria set forth in EPCA, as Interior and DOE issued a series of by adding a new subsection (c) to amended by the Energy Policy Act of competitive solicitations for six-month section 160. Subsection (c) directs the 2005. When acquiring petroleum, terms, similar to those used to acquire Secretary of Energy to develop, with whether by purchase or royalty transfer, the previous 28 million barrels. public notice and opportunity for DOE will seek to balance the objectives At various times since 1999, when the comment, procedures consistent with of assuring adequate security and market moved into steep backwardation the objectives of section 160 to acquire minimizing market stress. To this end, (prices for future barrels remained petroleum for the SPR. Such procedures DOE will consider various factors that consistently low relative to near term must take into account the need to— may be affecting market fundamentals, (1) Maximize overall domestic supply prices), suppliers under both the time current and projected SPR and of crude oil (including quantities stored exchange and royalty-in-kind transfer commercial receipt capabilities, and the in private sector inventories); programs requested that contractually geopolitical climate. Consistent with the (2) Avoid incurring excessive cost or scheduled deliveries to the SPR be SPR mission, however, energy security appreciably affecting the price of delayed. DOE granted these deferral will be the overriding objective as long petroleum products to consumers; requests through individual negotiations as it does not result in undue impact on for the future return of the originally (3) Minimize the costs to the Department of the Interior and DOE in markets. scheduled barrels plus additional Whether acquiring by purchase or premium barrels. acquiring such petroleum products (including foregone revenues to the royalty transfer, DOE will seek to In addition, there have been periods maximize the overall domestic supply when catastrophic events, most recently Treasury when petroleum products for the SPR are obtained through the of crude oil. Assuming the necessary severe weather, have prompted requests authorizations and appropriations have for loans of oil from the SPR. These royalty-in-kind program); (4) Protect national security; been made, DOE decisions on crude oil loans have been conducted as time acquisition will take into consideration exchanges in a manner similar to (5) Avoid adversely affecting current and futures prices, supplies, and the current level of the SPR and private deferred deliveries, in that the loaned inventories, national and regional oil is returned plus additional barrels as inventories of oil; and (6) Address other factors that the import dependency, the outlook for interest. Secretary determines to be appropriate. international and domestic production B. Energy Policy Act of 2005 The Energy Policy Act of 2005 further levels, oil acquisition by other provides that the procedures developed stockpiling entities, the added security The acquisition authority in section under section 160(c) shall include value of the marginal barrel in storage, 160 of EPCA requires that the Secretary procedures and criteria for the review of incipient disruptions of supply or of Energy, to the greatest extent requests for the deferrals of scheduled refining capability, the level of market practicable, acquire petroleum products deliveries. volatility, the demand and supply for the SPR in a manner consonant with Along with the direction to expand elasticity to price changes, logistics and the following objectives: the SPR to one billion barrels, section economics of petroleum movement, and • Minimization of the cost of the SPR; • 303 of the Energy Policy Act of 2005 any other considerations that may be Minimization of the Nation’s requires the Secretary of Energy to pertinent to the balance of petroleum vulnerability to a severe energy supply complete a proceeding to select sites supply and demand. More indirect interruption; ‘‘necessary to enable acquisition by the considerations, such as monetary • Minimization of the impact of such Secretary of the full authorized volume policy, the current and projected rate of acquisition upon supply levels and of the Strategic Petroleum Reserve.’’ (42 economic growth, and impacts on market forces; and U.S.C. 6201 note.) This activity is specific domestic market segments, as • Encouragement of competition in currently underway. well as foreign policy considerations the petroleum industry. Consistent with the principles set may also be pertinent to near-term (42 U.S.C. 6240). forth in EPCA and the objectives of the acquisition strategy. All of these factors The recently enacted Energy Policy Energy Policy Act of 2005, DOE now are recognized as having an impact, at Act of 2005 (Pub. L. 109–58) generally proposes procedures for oil acquisition some level, on U.S. energy security. directs the Secretary of Energy to by direct purchase and by royalty oil The timing of DOE entry into the acquire petroleum to fill the SPR to the transfers from the Department of the market, its sustained presence, and the

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quantities sought will all be sensitive to with the Minerals Management Service Energy Policy and Conservation Act. these factors. DOE will remain aware of of the Department of the Interior. The These transactions generally are not the extent to which the SPR fill rate and Department of the Interior is responsible conducted primarily for the acquisition prices paid for its own acquisitions will for collecting royalties on production of oil by DOE. impact supply availability and prices for from leases on Federally-owned Section 626.04 (General Acquisition other market participants. DOE will properties. The Federal Government Strategy) strive to avoid incurring excessive cost receives royalties of a defined or appreciably affecting the price of percentage of the amount or value of the This proposed section addresses the petroleum products to consumers by oil produced from the leases. Under the indicators which will be reviewed by analyzing market activity for crude oil royalty-in-kind acquisition method, the DOE for likely market impacts prior to and related commodities and prices of royalties are paid ‘‘in kind’’, in the oil acquisition of petroleum for the SPR. oil for delivery in future months as well itself, and transferred to the SPR. In Section 626.05 (Notice of Acquisition) as the perceived availability of near most cases, the royalty oil is provided term and forward supplies. to private companies under exchange This section describes the contents of For purchases or exchanges, DOE will agreements. In turn, these companies the acquisition solicitation and issuance ensure the use of commercially are bound by contract to provide oil of activities. The proposed section also reasonable terms and conditions. suitable quality to the SPR. If the royalty discusses the duration of the solicitation, definition of quality B. Vehicles for Petroleum Acquisition oil is of suitable quality and transportation logistics are amenable, it specifications, quantity determination, DOE may acquire oil for the SPR may be directly transferred to the SPR. offer procedures and delivery. through direct purchase, the transfer of DOE expects this would be a small Section 626.06 (Acquiring Oil by royalty-in-kind oil, through deferrals proportion of the total oil transferred. Direct Purchase) and exchanges, or other means When using royalty production to fill authorized in EPCA (42 U.S.C. 6239, This proposed section addresses in the SPR, DOE would minimize the cost more detail the development of an 6240). In order to acquire oil, DOE may to the Department of the Interior and enter into agreements with other Federal acquisition strategy taking into account DOE through its analysis of royalty specific SPR quantitative and qualitative agencies with relevant expertise and values, as well as a comparative analysis resources to acquire oil for the SPR requirements. This proposed section of the relative market values of crude oil also addresses the method by which consistent with the provisions of part offered in exchange. Both agencies will 626. solicitations are issued and offers encourage the direct transfer of royalty evaluated. 1. Direct Purchases oil to the SPR when in the Government’s interest. Section 626.07 (Royalty Transfer and Use of the direct purchase method for Exchange) oil acquisition is contingent on the 3. Deferrals This proposed section describes how availability of funds. If funds are made Secretary of Energy may defer available, DOE proposes to provide DOE, in coordination with the scheduled deliveries to the SPR for the Department of the Interior, would public notice of its intent to issue a purpose of obtaining additional crude solicitation for the acquisition of crude proceed to fill the SPR with the oil. Under the proposed rule, DOE could Government’s share of U.S. Gulf of oil. The quantity and quality of oil to be defer scheduled crude oil deliveries to purchased would be identified in the Mexico offshore royalty production, the SPR to a later date in exchange for either by direct transport to SPR solicitation. When acquiring by direct a premium, which would be paid to purchase, DOE would use competitive facilities or through a competitive DOE in oil. exchange with industry. Successful solicitations to assure that prices paid The precise amount of that premium exchange offers generally would be are fair and reasonable in a global would be negotiated with the contractor those which provide the greatest value market, and in line with by a DOE contracting officer. The of exchange oil to the Government contemporaneous commercial determination of an appropriate relative to the value of the royalty oil transactions for comparable quality premium would take into consideration delivered to the contractor. crude oils. The use of open, continuous the length of deferral as well as solicitations that allow entry into price prevailing market conditions. Section 626.08 (Deferrals of and delivery negotiations would enable Contractually Scheduled Deliveries) DOE to increase the rate of purchases if C. Description of the Proposed Rule This proposed section addresses the price volatility reduces prices below This portion of the supplementary conditions in which DOE would trend and offers the opportunity to information discusses certain provisions consider and the process by which it reduce the average cost of oil of the proposed rule. would delay deliveries scheduled under acquisition. Under the proposed Section 626.03 (Applicability) existing contracts to the mutual benefit procedures, DOE also may decrease the of the Government and other market rate of purchase if volatility or future This section limits the applicability of participants. price projections indicate a delay would these procedures to the acquisition of result in better economy and less stress petroleum for the SPR through direct III. Regulatory Review on seasonal markets. DOE’s decision to purchase or transfer of royalty-in-kind A. Executive Order 12866 enter the market, delay purchases or oil, as well as to deferrals of defer deliveries would follow the contractually scheduled deliveries. The Today’s proposed rule has been careful analysis of the effect of such a procedures do not apply to the determined to be a ‘‘significant decision on current and futures prices, following transactions during which oil regulatory action’’ under Executive supplies and inventories of oil. may be acquired: (1) Country-to-country Order 12866, ‘‘Regulatory Planning and oil purchases; (2) facility leases with Review,’’ 58 FR 51735 (October 4, 1993). 2. Royalty-in-Kind Transfers payments in oil; and (3) contracts for oil Accordingly, this action was subject to Oil acquisition by royalty-in-kind not owned by the United States as review under that Executive Order by transfer is conducted in coordination provided for by section 171 of the the Office of Information and Regulatory

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Affairs of the Office of Management and (OMB) under the Paperwork Reduction is not necessary to prepare a Family Budget. Act (PRA), 44 U.S.C. 3501 et seq. Policymaking Assessment. B. National Environmental Policy Act E. Unfunded Mandates Reform Act of G. Executive Order 13132 1995 DOE has determined that this Executive Order 13132 (64 FR 43255, proposed rule is covered under the The Unfunded Mandates Reform Act August 4, 1999) imposes certain Categorical Exclusion found in the of 1995 (Pub. L. 104–4) generally requirements on agencies formulating Department’s National Environmental requires Federal agencies to examine and implementing policies or Policy Act regulations at paragraph A.6 closely the impacts of regulatory actions regulations that preempt State law or of Appendix A to Subpart D, 10 CFR on State, local, and tribal governments. that have federalism implications. part 1021, which applies to rulemakings Subsection 101(5) of title I of that law Agencies are required to examine the that are strictly procedural. defines a Federal intergovernmental constitutional and statutory authority Accordingly, neither an environmental mandate to include any regulation that supporting any action that would limit assessment nor an environmental would impose upon State, local, or the policymaking discretion of the impact statement is required. tribal governments an enforceable duty, States and carefully assess the necessity except a condition of Federal assistance C. Regulatory Flexibility Act for such actions. DOE has examined this or a duty arising from participating in a proposed rule and has determined that The Regulatory Flexibility Act (5 voluntary federal program. Title II of U.S.C. 601 et seq.) requires preparation it would not preempt State law and that law requires each Federal agency to would not have a substantial direct of an initial regulatory flexibility assess the effects of Federal regulatory effect on the States, on the relationship analysis for any rule that by law must actions on State, local, and tribal between the National Government and be proposed for public comment, unless governments, in the aggregate, or to the the States, or on the distribution of the agency certifies that the rule, if private sector, other than to the extent power and responsibilities among the promulgated, will not have a significant such actions merely incorporate various levels of government. No further economic impact on a substantial requirements specifically set forth in a action is required by Executive Order number of small entities. As required by statute. Section 202 of that title requires 13132. Executive Order 13272, ‘‘Proper a Federal agency to perform a detailed Consideration of Small Entities in assessment of the anticipated costs and H. Executive Order 12988 Agency Rulemaking,’’ 67 FR 53461 benefits of any rule that includes a (August 16, 2002), DOE published Federal mandate which may result in With respect to the review of existing procedures and policies on February 19, costs to State, local, or tribal regulations and the promulgation of 2003, to ensure that the potential governments, or to the private sector, of new regulations, section 3(a) of impacts of its rules on small entities are $100 million or more. Section 204 of Executive Order 12988, Civil Justice properly considered during the that title requires each agency that Reform, 61 FR 4729 (February 7, 1996), rulemaking process (68 FR 7990). DOE proposes a rule containing a significant imposes on Executive agencies the has made its procedures and policies Federal intergovernmental mandate to general duty to adhere to the following available on the Office of General develop an effective process for requirements: (1) Eliminate drafting Counsel’s Web site: http:// obtaining meaningful and timely input errors and ambiguity; (2) write www.gc.doe.gov. from elected officers of State, local, and regulations to minimize litigation; and DOE has reviewed today’s proposed tribal governments. (3) provide a clear legal standard for procedures under the provisions of the These proposed procedures would not affected conduct rather than a general Regulatory Flexibility Act and the impose a Federal mandate on State, standard and promote simplification procedures and policies published on local or tribal governments. The and burden reduction. With regard to February 19, 2003. These proposed proposed rule would not result in the the review required by section 3(a), procedures would not directly affect expenditure by State, local, and tribal section 3(b) of Executive Order 12988 small businesses or other small entities. governments in the aggregate, or by the specifically requires that Executive The proposed procedures would apply private sector, of $100 million or more agencies make every reasonable effort to only to individuals who are engaged in in any one year. Accordingly, no ensure that the regulation: (1) Clearly the acquisition of petroleum products assessment or analysis is required under specifies the preemptive effect, if any; for the Strategic Petroleum Reserve. On the Unfunded Mandates Reform Act of (2) clearly specifies any effect on the basis of the foregoing, DOE certifies 1995. existing Federal law or regulation; (3) that the proposed procedures, if provides a clear legal standard for F. Treasury and General Government implemented would not have a affected conduct while promoting Appropriations Act, 1999 significant economic impact on a simplification and burden reduction; (4) substantial number of small entities. Section 654 of the Treasury and specifies the retroactive effect, if any; (5) Accordingly, DOE has not prepared a General Government Appropriations adequately defines key terms; and (6) regulatory flexibility analysis for this Act, 1999 (Pub. L. 105–277) requires addresses other important issues rulemaking. DOE’s certification and Federal agencies to issue a Family affecting clarity and general supporting statement of factual basis Policymaking Assessment for any draftsmanship under any guidelines will be provided to the Chief Counsel proposed rule that may affect family issued by the Attorney General. Section for Advocacy of the Small Business well being. These proposed procedures 3(c) of Executive Order 12988 requires Administration pursuant to 5 U.S.C. apply only to Federal employees Executive agencies to review regulations 605(b). involved in the acquisition of petroleum in light of applicable standards in products for the SPR. While some of section 3(a) and section 3(b) to D. Paperwork Reduction Act these individuals may be members of a determine whether they are met or it is This proposed rule would not impose family, the proposed rule would not unreasonable to meet one or more of any new collection of information have any impact on the autonomy or them. DOE has completed the required subject to review and approval by the integrity of the family as an institution. review and determined that, to the Office of Management and Budget Accordingly, DOE has concluded that it extent permitted by law, the proposed

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procedures meet the relevant standards Contract means the agreement under kind oil, as well as to deferrals of of Executive Order 12988. which DOE acquires SPR petroleum, contractually scheduled deliveries. consisting of the solicitation, the I. Treasury and General Government contract form signed by both parties, the § 626.04 General acquisition strategy. Appropriations Act, 2001 successful offer, and any subsequent (a) Criteria for commencing The Treasury and General modifications, including those granting acquisition. To reduce the potential for Government Appropriations Act, 2001 requests for deferrals. negative impacts from market (44 U.S.C. 3516, note) provides for Contracting Officer means the person participation, DOE shall review the agencies to review most disseminations executing acquisition contracts on following factors prior to commencing of information to the public under behalf of the Government, including the acquisition of petroleum for the SPR: guidelines established by each agency authorized representative of a (1) The current inventory of the SPR; pursuant to general guidelines issued by Contracting Officer acting within the (2) The current level of private OMB. limits of his or her authority. inventories; OMB’s guidelines were published at DEAR means the Department of (3) Days of net import protection; 67 FR 8452 (February 22, 2002), and Energy Acquisition Regulation. (4) Current price levels for crude oil DOE’s guidelines were published at 67 Deferral means a process whereby and related commodities; FR 62446 (October 7, 2002). DOE has petroleum scheduled for delivery to the (5) The outlook for international and reviewed today’s notice under the OMB SPR in a specific contract period is domestic production levels; and DOE guidelines and has concluded rescheduled for later delivery, outside of (6) Existing or potential disruptions in that it is consistent with applicable that period and encompasses the future supply or refining capability; policies in those guidelines. delivery of the originally scheduled (7) The level of market volatility; quantity plus an in-kind premium. (8) Futures market price differentials List of Subjects in 10 CFR Part 626 DOE means the Department of Energy. for crude oil and related commodities; Government contracts, Oil and gas Exchange means a process whereby and reserves, Strategic and critical materials. petroleum owned by or due to the SPR (9) Any other factor the consideration is provided to a person or contractor in of which the Secretary deems to be Issued in Washington, DC, on April 6, return for petroleum of comparable necessary or appropriate. 2006. quality plus a premium quantity of (b) Review of rate of acquisition. DOE Thomas D. Shope, petroleum delivered to the SPR in the shall review the appropriate rate of oil Acting Assistant Secretary for Fossil Energy. future, or when SPR petroleum is traded acquisition each time an open market For the reasons stated in the for petroleum of a different quality for acquisition has been suspended for preamble, DOE hereby proposes to operational reasons based on the more than three months, and every six amend chapter II of title 10 of the Code relative values of the quantities traded. months in the case of ongoing or of Federal Regulations by adding a new FAR means the Federal Acquisition suspended royalty-in-kind transfers. part 626 as set forth below: Regulation. (c) Acquisition through other Federal Government means the United States agencies. DOE may enter into PART 626—PROCEDURES FOR Government. arrangements with another Federal ACQUISITION OF PETROLEUM FOR International Energy Program means agency for that agency to acquire oil for THE STRATEGIC PETROLEUM the program established by the the SPR on behalf of DOE. RESERVE Agreement on an International Energy § 626.05 Acquisition procedures—general. Program, signed by the United States on Sec. November 18, 1974, including any (a) Notice of acquisition. 626.01 Purpose. subsequent amendments and additions (1) Except when DOE has determined 626.02 Definitions. there is good cause to do otherwise, 626.03 Applicability. to that Agreement. 626.04 General Acquisition Strategy. OPR means the Office of Petroleum DOE shall provide advance public 626.05 Acquisition Proce—General. Reserves within the DOE Office of Fossil notice of its intent to acquire petroleum 626.06 Acquiring Oil by Direct Purchase. Energy whose responsibilities include for the SPR. The notice of acquisition is 626.07 Royalty Transfer and Exchange. the operation of the Strategic Petroleum usually in the form of a solicitation. 626.08 Deferrals of Contractually Scheduled Reserve. DOE shall state in the notice of Deliveries. Petroleum means crude oil, residual acquisition the general terms and details Authority: 42 U.S.C. 6240(c); 42 U.S.C. fuel oil, or any refined product of DOE’s crude oil acquisition and, to 7101, et seq. (including any natural gas liquid, and the extent feasible, shall inform the any natural gas liquid product) owned, public of its overall fill goals, so that § 626.01 Purpose. or contracted for, by DOE and in storage they may be factored into market This part establishes the procedures in any permanent SPR facility, or participants’ plans and activities. for acquiring petroleum for, and temporarily stored in other storage (2) The notice of acquisition generally deferring contractually scheduled facilities. states: deliveries to, the Strategic Petroleum Secretary means the Secretary of (i) The method of acquisition to be Reserve. Energy. employed; (ii) The time that the solicitations will § 626.02 Definitions. Strategic Petroleum Reserve or SPR means the DOE program established by be open; Backwardation means a market Title I, Part B, of the Energy Policy and (iii) The quantity of oil that is sought; situation in which prices are Conservation Act, 42 U.S.C. 6201 et seq. (iv) The minimum crude oil quality progressively lower in succeeding requirements; delivery months than in earlier months. § 626.03 Applicability. (v) The acceptable delivery locations; Contango means a market situation in The procedures in this part apply to and which prices are progressively higher in the acquisition of petroleum by DOE for (vi) The necessary instructions for the the succeeding delivery months than in the Strategic Petroleum Reserve through offer process. earlier months. direct purchase or transfer of royalty-in- (b) Method of acquisition.

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(1) DOE shall define the method of procedures may vary depending on the Government estimates that project crude oil acquisition, direct purchase or method of acquisition. substantially lower oil prices in the royalty-in-kind transfer and exchange, (2) DOE shall use relative crude future than those contained in offers. If in the notice of acquisition. values and time differentials to the DOE determines there is a high (2) DOE shall determine the method maximum extent practicable to manage probability that the cost to the of crude oil acquisition after taking into acquisition and delivery schedules to Government can be reduced without account the availability of appropriated reduce acquisition costs. significantly affecting national energy funds, current market conditions, the (3) DOE shall evaluate offers based on security goals, DOE may either contract availability of oil from the Department prevailing market prices of specific for delivery at a future date or delay of the Interior, and other considerations crude oils, and shall award contracts on purchases to take advantage of projected DOE deems to be relevant. a competitive basis. future lower prices. Conversely, DOE (c) Solicitation. (4) Whether acquisition is by direct may increase the rate of purchases if (1) To secure the economic benefit purchase or royalty transfer and prices fall below recent price trends or and security of a diversified base of exchange on a term contract basis, DOE futures markets present a significant potential suppliers of petroleum to the shall use a price index to account for contango and prices offer the SPR, DOE shall maintain a listing, fluctuations in absolute and relative opportunity to reduce the average cost developed through on-line registration market prices at the time of delivery to of oil acquisitions in anticipation of and personal contact, of interested reduce market risk to all parties higher prices. suppliers. Upon the issuance of a throughout the contract term. (4) Based on the market analysis solicitation, DOE shall notify potential (h) Scheduling and delivery. described in paragraph (d) of this suppliers via their registered e-mail (1) Except as provided in paragraph section, DOE may suspend the addresses. (4) of this section, DOE shall accept solicitation or refuse offers or decrease (2) DOE shall make the solicitation offers for crude oil delivered to the rate of purchase if DOE determines publicly available on the Web sites of specified SPR storage sites via pipeline acquisition will add significant upward the DOE Office of Fossil Energy http:// or as waterborne cargos delivered to the pressure to prices either regionally or on www.fe.doe.gov/programs/reserves and terminals serving those sites. a world-wide basis. DOE may consider the OPR http://www.spr.doe.gov. (2) Except as provided in paragraph recent price changes, private inventory (d) Timing and duration of (4) of this section, DOE shall generally levels, oil acquisition by other solicitation. establish schedules that allow for evenly stockpiling entities, the outlook for (1) DOE shall determine crude oil spaced deliveries of economically-sized world oil production, incipient requirements on nominal six-month marine and pipeline shipments within disruptions of supply or refining cycles, and shall review and update the constraints of SPR site and capability, logistical problems for these requirements prior to each commercial facilities receipt moving petroleum products, solicitation cycle. capabilities. macroeconomic factors, and any other (2) DOE may terminate all (3) DOE shall strive to maximize U.S. considerations that may be pertinent to solicitations and contracts pertaining to flag carrier utilization through the terms the balance of petroleum supply and the acquisition of crude oil at the of its supply contracts. demand. convenience of the Government, and in (4) DOE reserves the right to accept (c) Fill requirements determination. such event shall not be responsible for offers for other methods of delivery if, DOE shall develop SPR fill any costs incurred by suppliers, other in DOE’s sole judgment, market requirements for each solicitation based than for oil delivered to the SPR. conditions and logistical constraints on an assessment of national energy (e) Quality. require such other methods. (1) DOE shall define minimum crude security goals, the availability of storage oil quality specifications for the SPR. § 626.06 Acquiring oil by direct purchase. capacity, and the need for specific DOE shall include such specifications in (a) General. For the direct purchase of grades and quantities of crude oil. acquisition solicitations, and shall make crude oil, DOE shall, through certified (d) Market analysis. them available on the Web sites of the contracting officers, conduct crude oil (1) DOE shall establish a market value DOE Office of Fossil Energy http:// acquisitions in accordance with the FAR for each crude type to be acquired based www.fe.doe.gov/programs/reserves and and the DEAR. on a market analysis at the time of the OPR http://www.spr.doe.gov. (b) Acquisition strategy. contract award. (2) DOE shall periodically review the (1) DOE solicitations: (2) In conducting the market analysis, quality specifications to ensure, to the (i) May be either continuously open or DOE may use prices on futures markets, greatest extent practicable, the crude oil fixed for a period of time (usually no spot markets, recent price movements, mix in storage matches the demand of longer than 6 months); and current and projected shipping rates, the United States refining system. (ii) May provide either for prompt forecasts by the DOE Energy Information (f) Quantity. In determining the delivery or for delivery at future dates. Administration, and any other analytic quantities of oil to be delivered to the (2) DOE may alter the acquisition plan tools available to DOE to determine the SPR, DOE shall: to take advantage of differentials in most desirable purchase profile. (1) Take into consideration market prices for different qualities of oil, based (3) A market analysis supporting a conditions and the availability of on a consideration of the availability of suspension decision may consider transportation systems; and storage capacity in the SPR sites, the recent price changes, private inventory (2) Seek to avoid adversely affecting logistics of changing delivery streams, levels, oil acquisition by other other market participants or crude oil and the availability of ships, pipelines stockpiling entities, the outlook for market fundamentals. and terminals to move and receive the world oil production, incipient (g) Offer and evaluation procedures. oil. disruptions of supply or refining (1) Each solicitation shall provide (3) Based on the market analysis capability, logistical problems for necessary instructions on offer format described in paragraph (d) of this moving petroleum products, and submission procedures. The details section, DOE may suspend competition macroeconomic factors, and any other of the offer, evaluation and award or reject offers on the basis of considerations that may be pertinent to

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the balance of petroleum supply and Energy Information Administration, and of the market value to be taken by the demand. any other analytic tools to determine the Government. (e) Evaluation of offers. most desirable acquisition profile. (2) DOE shall only agree to amend the (1) DOE shall evaluate offers using: (2) A market analysis supporting a contract if the negotiation results in an (i) The criteria and requirements suspension decision may consider agreement to give the Government a fair stated in the solicitation; and recent price changes, private inventory and reasonable share of the market (ii) The market analysis under levels, oil acquisition by other value. paragraph (d) of this section. stockpiling entities, the outlook for [FR Doc. E6–6102 Filed 4–21–06; 8:45 am] (2) DOE shall require financial world oil production, incipient guarantees from contractors. disruptions of supply or refining BILLING CODE 6450–01–P § 626.07 Royalty transfer and exchange. capability, logistical problems for moving petroleum products, (a) General. macroeconomic factors, and any other DEPARTMENT OF TRANSPORTATION DOE shall conduct royalty transfers considerations that may be pertinent to pursuant to an agreement between DOE the balance of petroleum supply and Federal Aviation Administration and the Department of the Interior for demand. the transfer of royalty oil. (e) Evaluation of royalty exchange 14 CFR Part 39 (b) Acquisition strategy. offers. (1) DOE and the Department of the [Docket No. FAA–2006–23578; Directorate (1) DOE shall evaluate offers using: Identifier 2006–CE–01–AD] Interior shall select a royalty volume (i) The criteria and requirements from specified leases for transfer usually stated in the solicitation; and RIN 2120–AA64 over six-month periods, beginning April (ii) The market analysis under 1 and October 1. paragraph (d) of this section. Airworthiness Directives; Mitsubishi (2) If logistics and crude oil quality (2) DOE shall require financial Heavy Industries MU–2B Series are compatible with SPR receipt guarantees from contractors prior to Airplanes capabilities and requirements evaluation. respectively, DOE may take the royalty AGENCY: Federal Aviation oil directly from the Department of the § 626.08 Deferrals of contractually Administration (FAA), Department of Interior and place it in SPR storage sites. scheduled deliveries. Transportation (DOT). Otherwise, DOE may competitively (a) General. ACTION: Supplemental notice of solicit suppliers to deliver oil of (1) DOE prefers to take deliveries of proposed rulemaking (NPRM); comparable value to the SPR in petroleum for the SPR at times Reopening of the comment period. exchange for the receipt of royalty-in- scheduled under applicable contracts. kind oil. However, in the event the market is SUMMARY: The FAA proposes to revise (3) If, based on the market analysis distorted by disruption to supply or an earlier proposed airworthiness described in paragraph (d) of this other factors, DOE may defer scheduled directive (AD) that applies to all section, DOE determines there is a high deliveries or request or entertain Mitsubishi Heavy Industries MU–2B probability that the cost to the deferral requests from contractors. series airplanes. The earlier NPRM Government can be reduced without (2) A contractor seeking to defer would have required you to do the significantly affecting national energy scheduled deliveries of oil to the SPR following: Remove and visually inspect security goals, DOE may contract for may submit a deferral request to DOE. the wing attach barrel nuts, bolts, and delivery at a future date in expectation (b) Deferral criteria. DOE shall only retainers for cracks, corrosion, and of lower prices and a higher quantity of grant a deferral request for negotiation if fractures; replace any cracked, corroded, oil in exchange. Conversely, it may the Government can increase the or fractured parts; inspect reusable wing schedule deliveries at an earlier date volume of oil in the SPR and, if DOE attach barrel nuts and bolts for under the contract in anticipation of determines, based on DOE’s deferral deformation and irregularities in the higher prices at later dates. analysis, that at least one of the threads; replace any deformed or (4) Based on the market analysis in following conditions exists: irregular parts; and install new or paragraph (d) of this section, DOE may, (1) The Government can reduce the reusable parts and torque to the correct after consultation with the Department cost of its oil acquisition per barrel and value. The earlier NPRM resulted from of the Interior, suspend the transfer of increase the volume of oil being a recent safety evaluation that used a royalty oil to DOE if it appears the delivered to the SPR by means of the data-driven approach to evaluate the added demand for oil will add premium barrels required by the design, operation, and maintenance of significant upward pressure to prices deferral process. the MU–2B series airplanes in order to either regionally or on a world-wide (2) The Government anticipates determine their safety and define what basis. private inventories are approaching a steps, if any, are necessary for their safe (c) Fill requirements determination. point where unscheduled outages may operation. This proposed AD would DOE shall develop SPR fill occur. retain the actions from the earlier requirements for each solicitation based (3) There is evidence that refineries NPRM, add airplanes to the on an assessment of national energy are reducing their run rates for lack of applicability, revise the serial numbers security goals, the availability of royalty feedstock. of the affected airplanes, and update the oil and storage capacity, and need for (4) There is an unanticipated manufacturer’s contact information. specific grades and quantities of crude disruption to crude oil supply. This proposed AD results from the oil. (c) Negotiating terms. manufacturer revising the service (d) Market analysis. (1) If DOE decides to negotiate a information to include two additional (1) DOE may use prices on futures deferral of deliveries, DOE shall airplane models. Since these actions markets, spot markets, recent price estimate the market value of the deferral impose an additional burden over that movements, current and projected and establish a strategy for negotiating proposed in the NPRM, we are shipping rates, forecasts by the DOE with suppliers the minimum percentage reopening the comment period to allow

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the public the chance to comment on Discussion • Replace any deformed or irregular these additional actions. Recent accidents and the service wing attach barrel nuts or bolts with DATES: We must receive comments on history of the Mitsubishi Heavy new parts; and • Install new or reusable parts and this proposed AD by May 25, 2006. Industries (MHI) MU–2B series torque to the correct value. ADDRESSES: Use one of the following airplanes prompted the Federal addresses to comment on this proposed Aviation Administration (FAA) to Comments AD: conduct an MU–2B Safety Evaluation. • The FAA encouraged interested DOT Docket Web site: Go to This evaluation used a data-driven persons to participate in developing this http://dms.dot.gov and follow the approach to evaluate the design, amendment. The following presents the instructions for sending your comments operation, and maintenance of MU–2B comments received on the proposal and electronically. series airplanes in order to determine FAA’s response to each comment: • Government-wide rulemaking Web their safety and define what steps, if site: Go to http://www.regulations.gov any, are necessary for their safe Comment Issue No. 1: Incorporate and follow the instructions for sending operation. Revised Service Bulletin your comments electronically. The safety evaluation provided an in- The manufacturer revised the MU–2 • Mail: Docket Management Facility; depth review and analysis of MU–2B Service Bulletin referenced as FAA T.C.: U.S. Department of Transportation, 400 incidents, accidents, safety data, pilot No. 103/57–004, dated August 2, 2004, Seventh Street, SW., Nassif Building, training requirements, engine reliability, to add two airplane models to the Room PL–401, Washington, DC 20590– and commercial operations. In effectivity. The change in the model 0001. conducting this evaluation, the team effectivity accurately reflects the • Fax: (202) 493–2251. employed new analysis tools that airplanes for that service bulletin. • Hand Delivery: Room PL–401 on provided a much more detailed root The manufacturer requests the revised the plaza level of the Nassif Building, cause analysis of the MU–2B problems service bulletin, MU–2 Service Bulletin 400 Seventh Street, SW., Washington, than was previously possible. referenced as FAA T.C.: No. 103/57– DC, between 9 a.m. and 5 p.m., Monday Part of that evaluation was to identify 004A, dated March 10, 2006, be through Friday, except Federal holidays. unsafe conditions that exist or could incorporated into the NPRM. For service information identified in develop on the affected type design We agree with the commenter and this proposed AD, contact Mitsubishi airplanes. One of these conditions is the will incorporate the revised service Heavy Industries America, Inc., 4951 discovery of the right wing upper bulletin into the supplemental NPRM. Airport Parkway, Suite 800, Addison, forward and lower forward barrel nuts Texas 95001; telephone: (972) 934– Comment Issue No. 2: Revise the found cracked during routine Manufacturer Contact Information 5480; fax: (972) 934–5488, or Turbine maintenance on one of the affected Aircraft Services, Inc., 4550 Jimmy airplanes. The manufacturer conducted The manufacturer requests that we Doolittle Drive, Addison, Texas 75001; additional investigations of the wing revise the manufacturer contact telephone: (972) 248–3108; facsimile: attach barrel nuts on other affected information from Mitsubishi Heavy (972) 248–3321. airplanes. The result of this Industries in Nagoya, Japan, to FOR FURTHER INFORMATION CONTACT: investigation revealed no other cracked Mitsubishi Heavy Industries America, Andrew McAnaul, Aerospace Engineer, barrel nuts. However, it was discovered Inc. in Addison Texas. ASW–150 (c/o MIDO–43), 10100 that several airplanes had over-torqued We agree with the commenter and Reunion Place, Suite 650, San Antonio, barrel nuts, which could result in will incorporate the change into the Texas 78216; telephone: (210) 308– cracking. supplemental NPRM. 3365; facsimile: (210) 308–3370. This condition, if not detected and Comment Issue No. 3: Revise the Serial SUPPLEMENTARY INFORMATION: corrected, could result in failure of the Numbers of the Affected Airplanes wing barrel nuts and/or associated wing The manufacturer requests that we Comments Invited attachment hardware. This failure could revise the serial numbers of the affected We invite you to send any written lead to in-flight separation of the outer airplanes based on additional relevant data, views, or arguments wing from the center wing section and information submitted for clarification. regarding this proposed airworthiness result in loss of controlled flight. We agree with the commenter and directive (AD). Send your comments to We issued a proposal to amend part will incorporate the change into the ADDRESSES an address listed under the 39 of the Federal Aviation Regulations supplemental NPRM. section. Include the docket number, (14 CFR part 39) to include an AD that ‘‘FAA–2006–23578; Directorate would apply to all MHI MU–2B series Comment Issue No. 4 Identifier 2006–CE–01–AD’’ at the airplanes. This proposal was published The manufacturer requests that we beginning of your comments. We in the Federal Register as a notice of revise the proposed requirement in the specifically invite comments on the proposed rulemaking (NPRM) on NPRM for ‘‘replacing any bolts or barrel overall regulatory, economic, January 25, 2006 (71 FR 4072). The nuts with deformation or irregularities environmental, and energy aspects of NPRM proposed to require you to do the in the threads’’ to include a ‘‘or that do the proposed AD. We will consider all following: not meet the minimum breakaway • comments received by the closing date Remove and visually inspect the torque check.’’ and may amend the proposed AD in wing attach barrel nuts, bolts, and We agree with the commenter and light of those comments. retainers for cracks, corrosion, and will incorporate the change into the We will post all comments we fractures; supplemental NPRM. receive, without change, to http:// • Replace any cracked, corroded, or dms.dot.gov, including any personal fractured wing attach barrel nuts, bolts, Events That Caused FAA To Issue a information you provide. We will also and retainers with new parts; Supplemental NPRM post a report summarizing each • Inspect reusable barrel nuts and The manufacturer revised the service substantive verbal contact we receive bolts for deformation and irregularities information to include two additional concerning this proposed AD. in the threads; airplane models.

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Relevant Service Information • Inspecting reusable wing attach Foreign Airworthiness Authority We have reviewed Mitsubishi Heavy barrel nuts and bolts for deformation or Information Industries, Ltd. MU–2 Service Bulletin irregularities in the threads; The MU–2B series airplane was referenced as JCAB T.C.: No. 241, dated • Checking the minimum breakaway initially certificated in 1965 and again July 14, 2004, and MU–2 Service torque of the wing attach barrel nuts; in 1976 under two separate type Bulletin referenced as FAA T.C.: No. • Replacing any bolts or wing attach 103/57–004A, dated March 10, 2006. certificates (TC) that consist of basically These service bulletins describe barrel nuts with deformation or the same type design. Japan is the State procedures for: irregularities in the threads or that do of Design for TC No. A2PC, and the • Removing and inspecting the wing not meet the minimum breakaway United States is the State of Design for attach barrel nuts and retainer for torque check; and TC No. A10SW. The affected models are cracks, corrosion, and fractures; • Reinstalling the wing attach barrel as follows (where models are • Replacing any wing attach barrel nuts and hardware to the correct torque duplicated, specific serial numbers are nuts and retainer with cracks, corrosion, value. specified in the individual TCs): or fractures;

Type certificate Affected models

A10SW ...... MU–2B–25, MU–2B–26, MU–2B–26A, MU–2B–35, MU–2B–36, MU–2B–36A, MU–2B–40, and MU–2B–60. A2PC ...... MU–2B, MU–2B–10, MU–2B–15, MU–2B–20, MU–2B–25, MU–2B–26, MU–2B–30, MU–2B–35, and MU–2B–36.

The Japan Civil Airworthiness Board the commenters and incorporate the • Check the minimum breakaway (JCAB), which is the airworthiness revised service information; and torque of the wing attach barrel nuts; authority for Japan, approved • We should take AD action to correct • Replace any deformed or irregular Mitsubishi Heavy Industries, Ltd. MU– this unsafe condition. wing attach barrel nuts or bolts with 2 Service Bulletin referenced as JCAB new parts; and T.C.: No. 241, dated July 14, 2004, and The Supplemental NPRM • Install new or reusable parts and MU–2 Service Bulletin referenced FAA Adding airplanes to the applicability torque to the correct value. T.C.: No. 103/57–004A, dated March 10, section of the NPRM goes beyond the The FAA is committed to updating 2006, to ensure the continued scope of what was originally proposed the aviation community of expected airworthiness of these airplanes in in the NPRM. Therefore, we are costs associated with the MU–2B series Japan. reopening the comment period and airplane safety evaluation conducted in 2005. As a result of that commitment, FAA’s Determination and Requirements allowing the public the chance to the accumulating expected costs of all of the Proposed AD comment on these additional actions. This proposed AD would require you ADs related to the MU–2B series After examining the circumstances to do the following: airplane safety evaluation may be found in the Final Report section at the and reviewing all available information • Remove and visually inspect the related to the incidents described above, following Web site: http://www.faa.gov/ wing attach barrel nuts, bolts, and _ _ we have determined that: aircraft/air cert/design approvals/ retainers for cracks, corrosion, and _ • small airplanes/cos/ The unsafe condition referenced in fractures; mu2_foia_reading_library/. this document exists or could develop • Replace any cracked, corroded, or on other Mitsubishi MU–2B series fractured wing attach barrel nuts, bolts, Costs of Compliance airplanes of the same type design that and retainers with new parts; We estimate that this proposed AD are on the U.S. registry; • Inspect reusable wing attach barrel affects 399 airplanes in the U.S. registry. • We should change the NPRM to nuts and bolts for deformation and We estimate the following costs to do incorporate the concerns addressed by irregularities in the threads; the proposed inspection:

Total cost per Labor cost Parts cost airplane Total cost on U.S. operators

12 workhours × $80 per hour = $960 ...... N/A ...... $960 $960 × 399 = $383,040

We estimate the following costs to do be required based on the results of the determining the number of airplanes any necessary replacements that would proposed inspection. We have no way of that may need this replacement:

Total cost per airplane to Labor cost Parts cost replace all 8 wing attach bar- rel nuts

No additional labor cost. Any necessary replacements will be $60 for each barrel nut. There are 8 barrel nuts on each air- $480 done at the time of inspection. plane. Possible total cost of: $60 × 8 = $480.

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Authority for This Rulemaking For the reasons discussed above, I The Proposed Amendment certify that the proposed regulation: Title 49 of the United States Code Accordingly, under the authority specifies the FAA’s authority to issue 1. Is not a ‘‘significant regulatory delegated to me by the Administrator, rules on aviation safety. Subtitle I, action’’ under Executive Order 12866; the Federal Aviation Administration Section 106, describes the authority of 2. Is not a ‘‘significant rule’’ under the proposes to amend 14 CFR part 39 as the FAA Administrator. Subtitle VII, DOT Regulatory Policies and Procedures follows: Aviation Programs, describes in more (44 FR 11034, February 26, 1979); and detail the scope of the Agency’s 3. Will not have a significant PART 39—AIRWORTHINESS authority. economic impact, positive or negative, DIRECTIVES We are issuing this rulemaking under on a substantial number of small entities the authority described in Subtitle VII, under the criteria of the Regulatory 1. The authority citation for part 39 Part A, Subpart III, Section 44701, Flexibility Act. ‘‘General requirements.’’ Under that continues to read as follows: We prepared a regulatory evaluation section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. promoting safe flight of civil aircraft in of the estimated costs to comply with air commerce by prescribing regulations this proposed AD and placed it in the § 39.13 [Amended] AD docket. for practices, methods, and procedures 2. The Federal Aviation the Administrator finds necessary for Examining the AD Docket Administration (FAA) amends § 39.13 safety in air commerce. This regulation You may examine the AD docket that by adding the following new is within the scope of that authority airworthiness directive (AD): because it addresses an unsafe condition contains the proposed AD, the that is likely to exist or develop on regulatory evaluation, any comments Mitsubishi Heavy Industries, Ltd.: Docket products identified in this rulemaking received, and other information on the No. FAA–2006–23578; Directorate action. Internet at http://dms.dot.gov; or in Identifier 2006–CE–01–AD. person at the Docket Management Comments Due Date Regulatory Findings Facility between 9 a.m. and 5 p.m., We have determined that this Monday through Friday, except Federal (a) The FAA must receive comments on this AD action by May 25, 2006. proposed AD would not have federalism holidays. The Docket Office (telephone implications under Executive Order (800) 647–5227) is located at the street Affected ADs 13132. This proposed AD would not address stated in the ADDRESSES section. (b) None. have a substantial direct effect on the Comments will be available in the AD States, on the relationship between the docket shortly after receipt. Applicability national Government and the States, or List of Subjects in 14 CFR Part 39 (c) This AD affects the following on the distribution of power and Mitsubishi Heavy Industries, Ltd. airplane responsibilities among the various Air transportation, Aircraft, Aviation models and serial numbers that are levels of government. safety, Safety. certificated in any category:

Model Serial numbers

MU–2B–10 ...... 101 through 120 (Except 102, 114, 115, and 118). MU–2B–15 ...... 114, 115, and 118. MU–2B–20 ...... 102, and 121 through 238. MU–2B–25 ...... 239 through 318 (Except 313), and 313SA. MU–2B–26 ...... 319 through 347 (Except 321), and 349SA. MU–2B–26A ...... 321SA, 348SA, and 350SA through 394SA (Except 365SA). MU–2B–30 ...... 502 through 547. MU–2B–35 ...... 548 through 654 (Except 652), and 652SA. MU–2B–36 ...... 501, and 655 through 696 (Except 661). MU–2B–36A ...... 661SA, and 697SA through 730SA (Except 700SA). MU–2B–40 ...... 365SA. MU–2B–60 ...... 700SA.

Unsafe Condition identify unsafe conditions that exist or could attachment hardware. This failure could lead (d) This AD results from a recent safety develop on the affected type design to in-flight separation of the outer wing from evaluation that used a data-driven approach airplanes. The actions specified in this AD the center wing section and result in loss of to evaluate the design, operation, and are intended to detect and correct cracks, controlled flight. maintenance of the MU–2B series airplanes corrosion, fractures, and incorrect torque Compliance in order to determine their safety and define values in the wing attach barrel nuts, which what steps, if any, are necessary for their safe could result in failure of the wing attach (e) To address this problem, you must do operation. Part of that evaluation was to barrel nuts and/or associated wing the following, unless already done:

Actions Compliance Procedures

(1) Remove each wing attach barrel nut, bolt, and Within the next 200 hours time-in- Follow Mitsubishi Heavy Industries, Ltd. MU–2 retainer and do a detailed visual inspection for service (TIS) or 12 months after the Service Bulletins referenced as JCAB T.C.: No. cracks, corrosion, and fractures. effective date of this AD, whichever 241, dated July 14, 2004, and FAA T.C.: No. occurs first, unless already done. 103/57–004A, dated March 10, 2006, as appli- cable.

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Actions Compliance Procedures

(2) If any signs of cracks, corrosion, or fractures Before further flight after the inspec- Follow Mitsubishi Heavy Industries, Ltd. MU–2 are found on any wing attach barrel nut during tion required in paragraph (e)(1) of Service Bulletins referenced as JCAB T.C.: No. the inspection required in paragraph (e)(1) of this this AD, unless already done. 241, dated July 14, 2004, and FAA T.C.: No. AD, replace that wing attach barrel nut, bolt, and 103/57–004A, dated March 10, 2006, as appli- retainer with new parts and install to the correct cable, and the appropriate maintenance manual. torque value. (3) If no signs of cracks, corrosion, or fractures are Before further flight after the inspec- Follow Mitsubishi Heavy Industries, Ltd. MU–2 found during the inspection required in paragraph tion required in paragraph (e)(1) of Service Bulletins referenced as JCAB T.C.: No. (e)(1) of this AD, you may reuse the wing attach this AD, unless already done. 241, dated July 14, 2004, and FAA T.C.: No. barrel nuts and bolts if they have been inspected 103/57–004A, dated March 10, 2006, as appli- and are free of deformation and irregularities in cable, and the appropriate maintenance manual. the threads and meet the minimum breakaway torque requirement. Reinstall inspected parts to the correct torque value. If the wing attach barrel nuts and bolts are not free of deformation and irregularities in the threads or do not meet the minimum breakaway torque requirement, install new parts to the correct torque value.

Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION clarify that all models of the PC–6 (AMOCs) airplane on TCDS No. 7A15 (including (f) The Manager, Fort Worth Airplane Federal Aviation Administration those models produced under the Certification Office, FAA, ATTN: Andrew licensing agreement by Fairchild McAnaul, Aerospace Engineer, ASW–150 14 CFR Part 39 Republic Company) are included in the (c/o MIDO–43), 10100 Reunion Place, Suite [Docket No. FAA–2006–24094; Directorate applicability. We are proposing this AD 650, San Antonio, Texas 78216; telephone: Identifier 2006–CE–20–AD] to detect and correct cracks in the (210) 308–3365; facsimile: (210) 308–3370, rudder end rib, which could result in RIN 2120–AA64 has the authority to approve alternative failure of the rudder end rib. This methods of compliance for this AD, if Airworthiness Directives; Pilatus failure could result in loss of directional control. requested using the procedures found in 14 Aircraft Ltd. Models PC–6, PC–6–H1, CFR 39.19. PC–6–H2, PC–6/350, PC–6/350–H1, PC– DATES: We must receive comments on Related Information 6/350–H2, PC–6/A, PC–6/A–H1, PC–6/ this proposed AD by May 24, 2006. A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/ ADDRESSES: Use one of the following (g) Mitsubishi Heavy Industries, Ltd. MU– addresses to comment on this proposed 2 Service Bulletins JCAB T.C.: No. 241, dated B2–H2, PC–6/B2–H4, PC–6/C–H2, and PC–6/C1–H2 Airplanes AD: July 14, 2004, and FAA T.C.: No. 103/57– • DOT Docket Web site: Go to 004A, dated March 10, 2006, pertain to the AGENCY: Federal Aviation http://dms.dot.gov and follow the subject of this AD. To get copies of the Administration (FAA), Department of instructions for sending your comments documents referenced in this AD, contact Transportation (DOT). electronically. Mitsubishi Heavy Industries America, Inc., ACTION: Notice of proposed rulemaking • Government-wide rulemaking Web 4951 Airport Parkway, Suite 800, Addison, (NPRM). site: Go to http://www.regulations.gov Texas 95001; telephone: (972) 934–5480; fax: and follow the instructions for sending (972) 934–5488, or Turbine Aircraft Services, SUMMARY: We propose to revise your comments electronically. Inc., 4550 Jimmy Doolittle Drive, Addison, Airworthiness Directive (AD) 68–17–03, • Mail: Docket Management Facility; Texas 75001; telephone: (972) 248–3108; which applies to all Pilatus Aircraft Ltd. U.S. Department of Transportation, 400 facsimile: (972) 248–3321. To view the AD PC–6 series airplanes. AD 68–17–03 Seventh Street, SW., Nassif Building, docket, go to the Docket Management currently requires you to repetitively Room PL–401, Washington, DC 20590– Facility; U.S. Department of Transportation, inspect the rudder end rib for cracks 0001. 400 Seventh Street, SW., Nassif Building, and replace the rudder end rib with a • Fax: (202) 493–2251. Room PL–401, Washington, DC, or on the modified rudder end rib when you find • Hand Delivery: Room PL–401 on Internet at http://dms.dot.gov. The docket cracks. Installing the modified rudder the plaza level of the Nassif Building, number is Docket No. FAA–2006–23578; end rib terminates the repetitive 400 Seventh Street, SW., Washington, Directorate Identifier 2006–CE–01–AD. inspection requirements of AD 68–17– DC, between 9 a.m. and 5 p.m., Monday Issued in Kansas City, Missouri, on April 03. Under a licensing agreement with through Friday, except Federal holidays. 18, 2006. Pilatus, Fairchild Republic Company For service information identified in William J. Timberlake, (also identified as Fairchild Industries, this proposed AD, contact Pilatus Aircraft Ltd., Customer Liaison Acting Manager, Small Airplane Directorate, Fairchild Heli Porter, or Fairchild-Hiller Corporation) produced Model PC–6 Manager, CH–6371 Stans, Switzerland; Aircraft Certification Service. telephone: +41 41 619 63 19; facsimile: [FR Doc. E6–6054 Filed 4–21–06; 8:45 am] series airplanes (manufacturer serial numbers 2001 through 2092) in the +41 41 619 6224. BILLING CODE 4910–13–P United States. AD 68–17–03 was FOR FURTHER INFORMATION CONTACT: intended to apply to all affected serial Doug Rudolph, Aerospace Engineer, numbers of Model PC–6 series airplanes FAA, Small Airplane Directorate, 901 listed on Type Certificate Data Sheet Locust, Room 301, Kansas City, (TCDS) No. 7A15, including the Missouri 64106; telephone: (816) 329– Fairchild-produced airplanes. 4059; facsimile: (816) 329–4090. Consequently, this proposed AD would SUPPLEMENTARY INFORMATION:

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Comments Invited The Federal Office for Civil Aviation provisions of section 21.29 of the We invite you to send any written (FOCA), which is the airworthiness Federal Aviation Regulations (14 CFR relevant data, views, or arguments authority for Switzerland, notified the 21.29) and the applicable bilateral regarding this proposed AD. Send your FAA of the need to revise AD 68–17–03 airworthiness agreement. comments to an address listed under the to address an unsafe condition that may Under this bilateral airworthiness ADDRESSES section. Include the docket exist or could develop on all Pilatus agreement, the FOCA has kept us number, ‘‘FAA–2006–24094; Directorate Model PC–6 series airplanes. The FOCA informed of the situation described Identifier 2006–CE–20–AD’’ at the reports that clarification is needed to above. beginning of your comments. We assure the applicability of AD 68–17–03 to all Model PC–6 series airplanes listed FAA’s Determination and Requirements specifically invite comments on the of This Proposed AD overall regulatory, economic, on Type Certificate Data Sheet (TCDS) environmental, and energy aspects of No. 7A15, including those produced in We are proposing this AD because we the proposed AD. We will consider all the United States through a licensing have examined the FOCA’s findings, comments received by the closing date agreement between Pilatus and evaluated all information and and may amend the proposed AD in Fairchild Republic Company (also determined the unsafe condition light of those comments. identified as Fairchild Industries, described previously is likely to exist or We will post all comments we Fairchild Heli Porter, or Fairchild-Hiller develop on other products of the same receive, without change, to http:// Corporation). type design that are certificated for dms.dot.gov, including any personal This condition, if not detected and operation in the United States. information you provide. We will also corrected, could result in failure of the This proposed AD would revise AD post a report summarizing each rudder end rib. This failure could result 68–17–03 with a new AD that would substantive verbal contact we receive in loss of directional control. retain all actions currently required by concerning this proposed AD. Foreign Airworthiness Authority AD 68–17–03 and would clarify the Discussion Information applicability of the affected airplanes by: Fatigue cracks found in the bottom The FOCA recently issued Swiss AD • Identifying those airplanes nose rib on the rudders of certain Model Number HB 2005–289, effective date produced in the United States through PC–6 series airplanes prompted us to August 23, 2005, to ensure the a licensing agreement with the Fairchild issue AD 68–17–03, Amendment 39– continued airworthiness of all Model PC–6 series airplanes listed on TC No. Republic Company; and 634. AD 68–17–03 currently requires the • following on all Pilatus Aircraft Ltd. 7A15, including those produced in the Listing all Pilatus Model PC–6 (Pilatus) Model PC–6 series airplanes: United States under a licensing series airplanes on TCDS No. 7A15 in • Repetitively inspecting the rudder agreement with Pilatus and Fairchild the applicability section. end rib for cracks; Republic Company (also identified as Costs of Compliance • Replacing the rudder end rib with Fairchild Industries, Fairchild Heli a modified rudder end rib when you Porter, or Fairchild-Hiller Corporation). We estimate that this proposed AD find cracks; and The State of Design for Pilatus Model would affect 49 airplanes in the U.S. • Terminating the repetitive PC–6 series airplanes is Switzerland and registry. inspections when the modified rudder the airplanes are type-certificated for We estimate the following costs to do end rib is installed. operation in the United States under the the proposed inspection:

Total cost Labor cost Parts cost per airplane Total cost on U.S. operators

1 work hour × $80 per hour = $80 ...... Not applicable ...... $80 $80 × 49 = $3,920

We estimate the following costs to do be required based on the results of the determining the number of airplanes any necessary replacements that would proposed inspection. We have no way of that may need this replacement:

Total cost Labor cost Parts cost per airplane

9 work hours × $80 per hour = $720 ...... $821 $1,541

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, for practices, methods, and procedures implications under Executive Order section 106, describes the authority of the Administrator finds necessary for 13132. This proposed AD would not the FAA Administrator. Subtitle VII, safety in air commerce. This regulation have a substantial direct effect on the Aviation Programs, describes in more 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, action. levels of government. part A, subpart III, section 44701,

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For the reasons discussed above, I List of Subjects in 14 CFR Part 39 Note: MSNs 2001 through 2092 were certify that the proposed regulation: Air transportation, Aircraft, Aviation manufactured by Fairchild Republic Company (also identified as Fairchild 1. Is not a ‘‘significant regulatory safety, Safety. Industries, Fairchild Heli Porter, and action’’ under Executive Order 12866; The Proposed Amendment Fairchild-Hiller Corporation) in the United 2. Is not a ‘‘significant rule’’ under the Accordingly, under the authority States under a license agreement and are DOT Regulatory Policies and Procedures delegated to me by the Administrator, covered by Type Certificate Data Sheet No. (44 FR 11034, February 26, 1979); and the FAA proposes to amend 14 CFR part 7A15. 3. Will not have a significant 39 as follows: (1) PC–6 economic impact, positive or negative, (2) PC–6–H1 on a substantial number of small entities PART 39—AIRWORTHINESS (3) PC–6–H2 under the criteria of the Regulatory DIRECTIVES (4) PC–6/350 (5) PC–6/350–H1 Flexibility Act. 1. The authority citation for part 39 (6) PC–6/350–H2 continues to read as follows: We prepared a regulatory evaluation (7) PC–6/A of the estimated costs to comply with Authority: 49 U.S.C. 106(g), 40113, 44701. (8) PC–6/A–H1 this proposed AD and placed it in the (9) PC–6/A–H2 § 39.13 [Amended] AD docket. (10) PC–6/B–H2 2. The FAA amends § 39.13 by (11) PC–6/B1–H2 Examining the AD Docket removing Airworthiness Directive (AD) (12) PC–6/B2–H2 68–17–03, Amendment 39–634, and (13) PC–6/B2–H4 Where Can I Go To View the Docket adding the following new AD: Information? (14) PC–6/C–H2 Pilatus Aircraft LTD: Docket No. FAA–2006– (15) PC–6/C1–H2 You may examine the AD docket that 24094; Directorate Identifier 2006–CE– Unsafe Condition contains the proposed AD, the 20–AD. regulatory evaluation, any comments Comments Due Date (d) This AD results from fatigue cracks found in the bottom nose rib on the rudders received, and other information on the (a) We must receive comments on this of certain PC–6 airplanes. We are issuing this Internet at http://dms.dot.gov; or in proposed airworthiness directive (AD) action AD to detect and correct cracks in the rudder person at the Docket Management by May 24, 2006. end rib, which could result in failure of the Facility between 9 a.m. and 5 p.m., Affected ADs rudder. This failure could lead to loss of Monday through Friday, except Federal (b) This AD revises AD 68–17–03, rudder control. holidays. The Docket Office (telephone Amendment 39–634. (800) 647–5227) is located at the street Compliance Applicability address stated in the ADDRESSES section. (e) To address this problem, you must do Comments will be available in the AD (c) This AD affects the following airplane the following: models, all manufacturer serial numbers docket shortly after receipt. (MSN), that are certificated in any category.

Actions Compliance Procedures

(1) With the aid of a mirror, inspect the rudder end rib, Within the next 50 hours time-in-service (TIS) after Au- Follow Pilatus Service Bul- part number (P/N) 6302.27 (or FAA-approved equiva- gust 19, 1968 (the effective date of AD 68–17–03). letin No. 80, dated April lent P/N) for crack(s). Repetitively inspect thereafter at intervals not to ex- 1968. ceed 50 hours TIS. (2) If you detect crack(s) during any inspection required Before further flight after any inspection required in Follow Pilatus Service Bul- in paragraph (e)(1) of this AD, replace the rudder end paragraph (e)(1) of this AD in which you find cracks. letin No. 80, dated April rib with a modified rudder end rib assembly, P/N Installing the modified rudder end rib terminates the 1968. 6302.26 Pos. 2, channel reinforcement, P/N repetitive inspection requirement in paragraph (e)(1) 113.40.06.002, and torque tube, P/N 113/40.06.003 of this AD. (or FAA-approved equivalent P/Ns). (3) 14 CFR 21.303 allows for replacement parts through Not applicable ...... Not applicable. parts manufacturer approval (PMA). The phrase ‘‘or FAA-approved equivalent part number’’ in this AD is intended to signify those parts that are PMA parts ap- proved through identicality to the design of the part under the type certificate and replacement parts to correct the unsafe condition under PMA (other than identicality). If parts are installed that are identical to the unsafe parts, then the corrective actions of the AD affect these parts also. In addition, equivalent replace- ment parts to correct the unsafe condition under PMA (other than identicality) may also be installed provided they meet current airworthiness standards, which in- clude those actions cited in this AD. (4) Installing the modified rudder end rib assembly termi- Not applicable ...... Not applicable. nates the repetitive inspection requirement in para- graph (e)(1) of this AD.

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Alternative Methods of Compliance ADDRESSES: You may submit comments, Background (AMOCs) identified by docket number, by one of CBP collects fees to pay for the costs (f) The Manager, Standards Office, Attn: the following methods: incurred in providing customs services Doug Rudolph, Aerospace Engineer, FAA, • Federal eRulemaking Portal: http:// in connection with certain activities Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; www.regulations.gov. Follow the under the authority of section 13031 of telephone: (816) 329–4059; facsimile: (816) instructions for submitting comments the Consolidated Omnibus Budget 329–4090, has the authority to approve via docket number USCBP–2006–0035. Reconciliation Act of 1985 (COBRA), as alternative methods of compliance (AMOCs) • Mail: Trade and Commercial amended, codified at section 19 U.S.C. for this AD, if requested using the procedures Regulations Branch, Office of 58c. found in 14 CFR 39.19. Regulations and Rulings, Bureau of On October 22, 2004, the President (g) AMOCs approved for AD 68–17–03 are Customs and Border Protection, 1300 signed the American Jobs Creation Act approved for this AD. Pennsylvania Avenue, NW. (Mint of 2004 (Pub. L. 108–357). Section 892 Related Information Annex), Washington, DC 20229. of the American Jobs Creation Act amended 19 U.S.C. 58c to renew the (h) Swiss AD Number HB 2005–289, Instructions: All submissions received fees provided under COBRA, which effective date August 23, 2005, also addresses must include the agency name and would have otherwise expired March 1, the subject of this AD. To get copies of the docket number for this rulemaking. All documents referenced in this AD, contact 2005, and to allow the Secretary of the comments received will be posted Pilatus Aircraft Ltd., Customer Liaison Treasury to increase such fees by an without change to http:// Manager, CH–6371 Stans, Switzerland; amount not to exceed 10 percent in the www.regulations.gov, including any telephone: +41 41 619 63 19; facsimile: +41 period beginning fiscal year 2006 personal information provided. For 41 619 6224. To view the AD docket, go to through the period for which fees are the Docket Management Facility; U.S. detailed instructions on submitting authorized by law. It is noted that the Department of Transportation, 400 Seventh comments and additional information law specifically mentions the Secretary Street, SW., Nassif Building, Room PL–401, on the rulemaking process, see the of the Treasury, even though CBP is Washington, DC, or on the Internet at http:// ‘‘Public Participation’’ heading of the dms.dot.gov. The docket number is Docket now a component of the Department of SUPPLEMENTARY INFORMATION section of No. FAA–2006–24094; Directorate Identifier Homeland Security. Regulations this document. 2006–CE–20–AD. concerning user fees, among other Issued in Kansas City, Missouri, on April Docket: For access to the docket to customs revenue functions, were 17, 2006. read background documents or retained by the Secretary of the Treasury John R. Colomy, comments received, go to http:// pursuant to Treasury Department Order www.regulations.gov. Submitted Acting Manager, Small Airplane Directorate, No. 100–16. Aircraft Certification Service. comments may also be inspected during In accordance with the current the regular business days between the [FR Doc. E6–6055 Filed 4–21–06; 8:45 am] statutory provisions, CBP is proposing hours of 9 a.m. and 4:30 p.m. at the to amend the regulations by increasing BILLING CODE 4910–13–P Office of Regulations and Rulings, the fees for customs services provided Bureau of Customs and Border in connection with (1) the arrival of Protection, 799 9th Street, NW., 5th certain commercial vessels, commercial DEPARTMENT OF HOMELAND Floor, Washington, DC. Arrangements to trucks, railroad cars, private aircraft and SECURITY inspect submitted comments should be private vessels, passengers aboard made in advance by calling Mr. Joseph DEPARTMENT OF THE TREASURY commercial aircraft and commercial Clark at (202) 572–8768. vessels, and barges or other bulk carrier Bureau of Customs and Border FOR FURTHER INFORMATION CONTACT: For arrivals, (2) each item of dutiable mail Protection information concerning user fee policy for which a customs officer prepares and rates, contact Mr. Jerry Petty, documentation, and (3) annual customs 19 CFR Parts 24 and 111 Director, Cost Management Division, brokers permits. 1300 Pennsylvania Avenue, NW., Room CBP is proposing to increase the fees RIN 1505–AB62 4.5A, Washington, DC 20229. by the amounts authorized so that they Telephone: (202) 344–1317. more accurately reflect the actual costs [USCBP–2006–0035] of providing the services for which they SUPPLEMENTARY INFORMATION: Fees for Certain Services are charged. None of the user fees being Public Participation raised in this package have been AGENCY: Customs and Border Protection, adjusted since their implementation in Homeland Security; Treasury. Interested persons are invited to 1986. However, the costs incurred by ACTION: Proposed rule. participate in this rule-making by CBP in performing certain customs submitting written data, views, or inspection services have continued to SUMMARY: This document proposes to arguments on all aspects of the grow because of higher volumes, greater amend the rules dealing with customs proposed rule. The Bureau of Customs varieties of cargo and increased security financial and accounting procedures by and Border Protection (CBP) also invites concerns which require inspections of revising the fees charged for certain comments that relate to the economic, individuals and conveyances entering customs inspectional services under environmental, or federalism effects that the United States. As a result, CBP section 13031 of the Consolidated might result from this proposed rule. If currently collects COBRA fees covering Omnibus Budget Reconciliation Act of appropriate to a specific comment, the only thirty-two percent of the costs 1985, as amended. These revisions commenter should reference the specific incurred by the agency. With this propose to exercise authority provided portion of the proposed rule, explain the proposed increase, we estimate COBRA under recent changes in the pertinent reason for any recommended change, fees will generate an additional $26 statutory provisions. and include data, information, or million annually. Approximately 84 DATES: Written comments must be authority that support such percent of these fees come from received by May 24, 2006. recommended change. individual travelers, which are

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categorized as individual user fees. As National Finance Center, (317) 298– User Fee Passenger Aboard a such, the impact on business will be 1245. Commercial Vessel (Non-Exempt) minimal. Railroad Car Passenger/Freight User Fee CBP inspects commercial vessel It must be noted that the proposed fee and Decal passengers arriving at ports in the changes would only apply to customs customs territory of the United States. inspection fees charged by CBP under CBP inspects railroad cars, carrying Our overall goal, keeping in mind port COBRA and do not impact the passengers or commercial freight, security, is a timely, seamless administration of any other user fees arriving at land ports in the customs inspection process that is integrated charged by CBP. Certain user fees, by territory of the United States. However, with the clearance processes of other statute, have annual caps that were not CBP does not assess a fee on empty Federal agencies with inspection included in the legislation authorizing railroad cars. There is a calendar year responsibilities. Our joint goal is to these increases and, as such, the amount maximum that applies to railroad cars enhance security and improve of the annual caps remain unchanged. and a decal may be purchased for the enforcement and regulatory processes in Discussion of Changes entire calendar year. order that commercial vessel passengers are cleared through the entire Federal Following is a summary of the user The current user fee is $7.50 for the arrival of each railroad car carrying inspection process as quickly as fees affected and a description of possible without jeopardizing our customs services each fee covers. passengers or commercial freight and $100 for a decal that covers the calendar security requirements. Currently, the user fee for commercial Commercial Vessel User Fee (Vessel of year. The current fee became effective in vessel passenger clearance is $5.00 per 100 Net Tons or More) 1986. The fee is proposed to be raised passenger. The fee is proposed to be to $8.25 for the arrival of each railroad CBP inspects commercial vessels of increased to $5.50 per passenger. 100 net tons or more arriving at ports of car carrying passengers or commercial entry in the customs territory of the freight and to $100 for a decal for the Passenger Commercial Vessel User Fee United States. Vessel owners or calendar year. (Canada, Mexico, Territory or operators pay a user fee for each arrival, Possession of the U.S., or Adjacent Private Aircraft and Private Vessel Island as Defined in 8 U.S.C. 1101(b)(5)) up to a calendar year maximum amount. Decal Fees The current CBP user fee for each CBP inspects commercial vessel commercial vessel arrival is $397 and a CBP inspects private aircraft and passengers arriving at ports in the calendar year maximum of $5,955. The private vessels arriving in the customs customs territory of the United States current fee became effective in 1985 and territory of the United States. Owners from Canada, Mexico, territory or has not been adjusted prior to this rule. and operators of both private aircraft possession of the U.S., or adjacent The user fee is proposed to be raised to and private vessels are required to island as defined in the aforementioned $437 per arrival while retaining the purchase a decal each calendar year. statute. Currently, the user fee for commercial maximum of $5,955 each calendar year. Those parties currently pay $25 for all vessel passenger processing relating to arrivals made during a calendar year by User Fees for Commercial Trucks the above locations is $1.75 per a private vessel or aircraft. The current CBP inspects commercial trucks passenger. The current fee became fee became effective in 1985. This arriving at all land ports in the customs effective in 1999. The fee is proposed to document proposes to raise the decal fee territory of the United States. The be increased to $1.93 per passenger. to $27.50 for all arrivals made during a United States Department of Agriculture calendar year by a private vessel or Dutiable Mail Entries User Fee (USDA) also assesses a commercial aircraft. truck user fee for arrivals at certain land All international mail is subject to ports. User Fee Passenger Aboard a inspection by CBP; however, we assess Commercial truck owners or operators Commercial Aircraft a user fee only on packages and/or mail can elect to pay a per arrival fee or pay containing dutiable merchandise. a fee to cover the entire calendar year. CBP inspects commercial airline Currently, the user fee for dutiable The annual payment covers an passengers arriving at airports in the mail is $5.00 per item. The current fee unlimited number of entries during the customs territory of the United States. became effective in 1985. The fee is calendar year. Upon payment of the Millions of travelers pass through U.S. proposed to be raised to $5.50 per item. annual fee, which includes both CBP airports daily. Our overall goal, keeping Customs Broker Permits and USDA user fees, the truck owner or in mind airport security, is a timely, seamless inspection process that is Brokers are required to pay an annual operator receives a transponder to place fee to maintain their license for customs on the truck windshield. This indicates integrated with the clearance processes of other Federal agencies with purposes. The fees are applicable for that both the CBP and USDA user fees each district permit and each national for the truck have been paid for that inspection responsibilities. Our joint goal is to enhance security and improve permit held by an individual, calendar year. partnership, association, or corporation. The current CBP commercial truck enforcement and regulatory processes in order that international air passengers Currently, the user fee for a broker user fee is $5.00 for each arrival and permit is $125.00 per permit. The $100 for the annual fee. The current fee are cleared through the entire Federal inspection process as quickly as current fee became effective in 1985. became effective in 1985. This The fee is proposed to be raised to possible without jeopardizing our document proposes to raise the CBP $138.00 per permit. user fee to $5.50 for each arrival and security requirements. $100 for the calendar year fee. Currently, the user fee for Barges and Other Bulk Carriers (From An electronic transponder recently international airline passenger clearance Canada or Mexico) replaced the paper decal formerly used. is $5.00 per passenger. The fee is CBP inspects barges and other bulk Questions about the transponder should proposed to be raised to $5.50 per carriers from Canada and Mexico. be directed to ‘‘Decal’’ Inquiries, passenger. Currently, the user fee for barge and

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bulk carrier inspection is $100 per to $110 per arrival and a calendar year New Fee Structure arrival and a calendar year maximum of maximum of $1,500. Table 1 indicates the customs $1,500. The current fee became effective inspection user fees currently in effect in 1986. The fee is proposed to be raised and the proposed user fee rates.

TABLE 1.—SUMMARY OF NEW FEE RATES

Current fees/ Customs services annual cap Proposed fees

Commercial Vessels ...... $397.00/$5,955 $437.00/$5,955 Commercial Trucks ...... $5.00/$100.00 $5.50/$100.00 Railroad Cars ...... $7.50/$100.00 $8.25/$100.00 Private Aircraft (Decal) ...... $25.00 $27.50 Private Vessel (Decal) ...... $25.00 $27.50 Commercial Aircraft Passenger ...... $5.00 $5.50 Commercial Vessel Passenger (Non-Exempt) ...... $5.00 $5.50 Commercial Vessel Passenger ...... $1.75 $1.93 Dutiable Mail ...... $5.00 $5.50 Broker Permit ...... $125.00 $138.00 Barges and other bulk carriers ...... $100.00/$1,500 $110.00/$1,500

Standard for Setting Fees for which the fee is charged, (b) may not providing customs services in exceed, in the aggregate, the amounts connection with the activity or item for As noted above, Section 892 of the paid in that fiscal year for the costs which the fee is charged to ensure that American Jobs Creation Act specifically incurred in providing customs services the fees accurately reflect the actual gives the Secretary of the Treasury the in connection with the activity or item costs incurred in providing each service. authority to increase the COBRA fees by for which the fee is charged, and (c) may The fees are proposed to be increased an amount not to exceed 10 percent in not be collected except to the extent by the amounts necessary to align them the period beginning fiscal year 2006 such fee will be expended to pay the with the costs incurred by CBP in through the period for which fees are costs incurred in providing customs performing such services, subject to the authorized by law. In addition, this services in connection with the activity 10 percent increase limit set by law. provision requires that the amounts of or item for which the fee is charged. Table 2 shows the collections fees charged (a) be reasonably related to Accordingly, CBP has compared the received and obligations incurred by the costs of providing customs services amounts of user fees charged and the CBP, in Fiscal Year 2004, in performing in connection with the activity or item corresponding costs incurred in customs inspectional services.

TABLE 2.—SUMMARY OF FEE COLLECTIONS AND OBLIGATIONS

Fiscal year 2004 Fiscal year 2004 Customs services collection by type obligation by type

Commercial Vessels ...... $18,915,411 $87,816,021 Commercial Trucks ...... 18,576,419 224,047,446 Railroad Cars ...... 7,737,910 27,052,069 Private Aircraft ...... 755,390 32,908,142 Private Vessel ...... 729,678 5,934,279 Commercial Aircraft Passenger ...... 236,939,037 494,340,066 Commercial Vessel Passenger (Non-Exempt) ...... 1,475,810 8,409,194 Commercial Vessel Passenger ...... 12,431,417 13,276,642 Dutiable Mail ...... 344,510 49,038,824 Broker Permit ...... 494,170 10,858,344 Barges and Other Bulk Carriers* ...... 451,475 1,271,805 * Barge/Bulk Carrier obligations for Fiscal Year 2002.

The Regulatory Flexibility Act Treasury shall charge fees that are Executive Order 12866 reasonably related to these activities. Based on the supplementary Accordingly, CBP certifies that this For the same reasons stated above, the information set forth in the preceding proposed rule will not have a significant proposed amendments do not meet the criteria for a ‘‘significant regulatory section and as illustrated in Table 2 impact on a substantial number of small action’’ as specified in E.O. 12866. above, this proposed rule generally entities because the majority of fees will affects individuals and large commercial Accordingly, a regulatory impact come from individual travelers into the carriers. The proposed increase, if analysis is not required thereunder. United States. Therefore, it is not adopted, would only increase fees by 10 subject to the analysis provisions of the Signing Authority percent over the amounts currently paid Regulatory Flexibility Act, as amended by users of the customs services for This document is being issued in which each fee is charged. The (5 U.S.C. 601 et seq.). accordance with § 0.1(a) of Chapter I of American Jobs Creation Act specifically Title 19, Code of Federal Regulations provides that the Secretary of the (19 CFR 0.1) pertaining to the exercise

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of authority to approve regulations in 19 the figure ‘‘$1.93’’ is added; and, in the of-way. This action would decrease the CFR chapter I. column headed ‘‘Fee status for arrival likelihood of fatalities or injuries to from other than SL’’, all the figures workers on foot who are exposed either List of Subjects reading ‘‘$5’’ are removed and, in their to traffic (vehicles using the highway for 19 CFR Part 24 place, the figure ‘‘$5.50’’ is added. purposes of travel) or to construction Accounting, Claims, Customs duties k. In paragraph (g)(5)(v), the figure vehicles or equipment while working and inspection, Fees, Financial and ‘‘$5’’ is removed and, in its place, the within the rights-of-ways of Federal-aid highways. This proposal is in response accounting procedures, Imports, Taxes, figure ‘‘$5.50’’ is added; and, the figure to section 1402 of the Safe, Accountable, User fees. ‘‘$1.75’’ is removed and, in its place, the figure ‘‘$1.93’’ is added. Flexible, Efficient Transportation Equity 19 CFR Part 111 l. In paragraph (i)(7), the figure ‘‘$5’’ Act: A Legacy for Users (SAFETEA–LU), Administrative practice and is removed and, in its place, the figure Public Law 109–59, 119 Stat. 1227. procedure, Brokers, Customs duties and ‘‘$5.50’’ is added. DATES: Comments must be received on inspection, Imports, Licensing. m. In paragraph (i)(8), the figure or before June 23, 2006. ‘‘$1.75’’ is removed and, in its place, the ADDRESSES: Mail or hand deliver Proposed Amendments to the figure ‘‘$1.93’’ is added. comments to the U.S. Department of Regulations Transportation, Dockets Management For the reasons stated in the PART 111—CUSTOMS BROKERS Facility, Room PL–401, 400 Seventh preamble, parts 24 and 111 of the 3. The authority citation for part 111 Street, SW., Washington, DC 20590, or Customs and Border Protection continues to read in part as follows: submit electronically at http:// Regulations (19 CFR parts 24 and 111) dmses.dot.gov/submit or fax comments are proposed to be amended as follows: Authority: 19 U.S.C. 66, 1202, (General to (202) 493–2251. Alternatively, Note 3(i), Harmonized Tariff Schedule of the comments may be submitted via the United States), 1624, 1641. PART 24—CUSTOMS FINANCIAL AND Federal eRulemaking Portal at http:// ACCOUNTING PROCEDURE * * * * * www.regulations.gov. All comments Section 111.96 also issued under 19 U.S.C. should include the docket number that 1. The authority citation for part 24 58c; 31 U.S.C. 9701. appears in the heading of this continues to read in part as follows: § 111.19 [Amended] document. All comments received will Authority: 5 U.S.C. 301; 19 U.S.C. 58a–58c, 4. Section 111.19 is amended in be available for examination at the 66, 1202 (General Note 3(i), Harmonized above address from 9 a.m. to 5 p.m. e.t., Tariff Schedule of the United States), 1505, paragraph (c) by removing all the figures reading ‘‘$125’’ and adding in their Monday through Friday, except Federal 1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. holidays. Those desiring notification of 9701; Public Law 107–296, 116 Stat. 2135 (6 place the figure ‘‘$138’’. U.S.C. 1 et seq.). receipt of comments must include a self- § 111.96 [Amended] addressed, stamped postcard or print * * * * * 5. Section 111.96 is amended in the acknowledgement page that appears § 24.22 [Amended] paragraph (c) by removing all the figures after submitting comments 2. Amend § 24.22 as follows: reading ‘‘$125’’ and adding in their electronically. Anyone is able to search a. In paragraph (b)(1)(i), the figure place the figure ‘‘$138’’. the electronic form of all comments received into any of our dockets by the ‘‘$397’’ is removed and, in its place, the Approved: April 19, 2006. figure ‘‘$437’’ is added. name of the individual submitting the Deborah J. Spero, comment (or signing the comment, if b. In paragraph (b)(2)(i), the figure Acting Commissioner, Customs and Border ‘‘$100’’ is removed and, in its place, the submitted on behalf of an association, Protection. business, labor union, etc.). Persons figure ‘‘$110’’ is added. Timothy E. Skud, c. In paragraph (c)(1), the figure ‘‘$5’’ making comments may review DOT’s Deputy Assistant Secretary of the Treasury. is removed and, in its place, the figure complete Privacy Act Statement in the ‘‘$5.50’’ is added. [FR Doc. 06–3867 Filed 4–21–06; 8:45 am] Federal Register published on April 11, d. In paragraph (d)(1), the figure BILLING CODE 9111–14–P 2000 (Volume 65, Number 70, Pages ‘‘$7.50’’ is removed and, in its place, the 19477–78) or may visit http:// figure ‘‘$8.25’’ is added. dms.dot.gov. e. In paragraph (e)(1), the figure ‘‘$25’’ DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Mr. is removed and, in its place, the figure Hari Kalla, Office of Transportation Federal Highway Administration ‘‘$27.50’’ is added. Operations, (202) 366–5915; or Mr. f. In paragraph (e)(2), the figure ‘‘$25’’ Raymond W. Cuprill, Office of the Chief 23 CFR Part 634 is removed and, in its place, the figure Counsel, (202) 366–0791, U.S. ‘‘$27.50’’ is added. [FHWA Docket No. FHWA–2005–23200] Department of Transportation, Federal g. In paragraph (f), the figure ‘‘$5’’ is Highway Administration, 400 Seventh removed and, in its place, the figure RIN 2125–AF11 Street, SW., Washington, DC 20590. ‘‘$5.50’’ is added. Worker Visibility Office hours are from 7:45 a.m. to 4:15 h. In paragraph (g)(1)(i), the figure p.m. e.t., Monday through Friday, ‘‘$5’’ is removed and, in its place, the AGENCY: Federal Highway except Federal holidays. figure ‘‘$5.50’’ is added. Administration (FHWA), DOT. SUPPLEMENTARY INFORMATION: i. In paragraph (g)(1)(ii), the figure ACTION: Notice of proposed rulemaking; Electronic Access and Filing ‘‘$1.75’’ is removed and, in its place, the request for comments. figure ‘‘$1.93’’ is added. You may submit or retrieve comments j. In the table under paragraph (g)(2), SUMMARY: The FHWA proposes to online through the Document in both columns headed ‘‘Fee status for require the use of high-visibility safety Management System (DMS) at: http:// arrival from SL’’, all the figures reading apparel for workers who are working dmses.dot.gov/submit. The DMS is ‘‘$1.75’’ are removed and, in their place, within the Federal-aid highway rights- available 24 hours each day, 365 days

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each year. Electronic submission and this issue. Item B in the third paragraph Although the FHWA made the text retrieval help and guidelines are of section 6D.02 of the MUTCD states: more specific in the 2003 MUTCD, it available under the help section of the ‘‘Worker Clothing—Workers close to the was still a recommendation rather than Web site. motor vehicle traveled way should wear a requirement and some agencies have, An electronic copy of this document bright, highly visible clothing.’’ The therefore, not incorporated the use of may also be downloaded from the Office word ‘‘close’’ was not defined. At that high-visibility safety apparel into their of the Federal Register’s home page at: time, there was not a generally accepted policies and contract documents. http://www.archives.gov and the definition or standard for high-visibility Legislation Government Printing Office’s Web page garment, so the acceptability of the at: http://www.access.gpo.gov/nara. clothing as well as the determination of Section 1402 of the Safe, Accountable, when the garments were required was Flexible, Efficient Transportation Equity Background left up to the practitioner. Act: A Legacy for Users (SAFETEA–LU) (Pub. L. 109–59; August 10, 2005) There has been an increase in the This text in the 2000 MUTCD led directed the Secretary of Transportation amount of maintenance and some agencies to adopt policies and to, within 1 year, issue regulations to reconstruction of the Nation’s highways specifications requiring workers to wear decrease the likelihood of worker injury that is being accomplished in stages high-visibility vests or shirts on their and maintain the free flow of vehicular while traffic continues to use a portion highway projects. The American traffic by requiring workers whose of the street or highway for the purposes National Standards Institute (ANSI) also of travel. This has resulted in an 4 duties place them on or in close released ANSI 107–1999, a standard for proximity to a Federal-aid highway to increase in the exposure of workers on high visibility garments. foot to high-speed traffic and a wear high-visibility safety apparel. corresponding increase in the risk of Therefore, the FHWA recognized the Therefore, the FHWA is proposing to injury or death for highway workers. need for a more specific add a new part to the Code of Federal Consequently, the number of workers recommendation and included language Regulations (CFR) to implement this injured and killed in highway work to that effect in the 2003 Edition of the statutory requirement. The FHWA is zones by vehicles has increased in MUTCD. Item B in the third paragraph proposing to add a new part to title 23 recent years.1 In fact, each year, more of section 6D.03 included the following CFR that would require workers whose than 100 workers are killed and over recommendation: ‘‘Worker Safety duties place them on or in close 20,000 are injured in the highway and Apparel—All workers exposed to the proximity to a Federal-aid highway to street construction industry.2 risks of moving roadway traffic or wear high-visibility safety apparel rather Workers on foot within a work zone construction equipment should wear than propose to include such a are also exposed to moving construction high-visibility safety apparel meeting requirement in the MUTCD. The FHWA vehicles and equipment. According to the requirements of International Safety is also considering whether to propose the National Institute for Occupational Equipment Association (ISEA) to include these requirements in the Health, approximately half of the American National Standard for High- next edition of the MUTCD. Although incidents where workers are struck by Visibility Safety Apparel, or equivalent the MUTCD is incorporated by reference construction vehicles or equipment revisions, and labeled as ANSI 107– at 23 CFR 655.601(a), it applies to all involve a vehicle or construction 1999 standard performance for Class 1, streets and highways open to the public machine that is backing up. 2, or 3 risk exposure.’’ which is much broader than the High visibility is one of the most As a result of the text in the 2003 requirement in SAFETEA–LU which prominent needs for workers who must MUTCD, many agencies have revised would apply only to workers whose perform tasks near moving vehicles or their policies to require their employees duties place them on or in close equipment. The need to be seen by to wear ANSI Class 2 safety apparel at proximity to Federal-aid highways. those who drive or operate vehicles or all times and they are revising their Section-by-Section Discussion of equipment is recognized as a critical specifications to require contractors’ Proposed Rule issue for worker safety. Workers must employees to wear compliant safety The FHWA proposes to add a new devote their attention to completing apparel also. For example, the State of part 634 in 23 CFR that would require their assigned tasks and may not Maryland now requires all employees workers whose duties place them on or completely focus on the hazardous working on the right-of-way on their in close proximity to Federal-aid surroundings where they are working. It highways to wear ANSI Class 2 high highways to use high-visibility safety is imperative that the approaching visibility garments.5 The Illinois apparel and would provide guidance on motorist or equipment operator be able Department of Transportation also has its application. Currently, 23 CFR to see and recognize the worker. The implemented this requirement for all 635.108—Health and Safety contains sooner a worker in or near the path of workers on highway projects through requirements for provisions to be travel is seen, the more time the their contract specifications.6 included in contracts for projects on operator has to avoid an incident. Federal-aid highways that mandate the The FHWA recognized this fact and highway, or bicycle trail open to public travel. It is contractor comply with all Federal, included language in the 2000 Edition available at http://www.mutcd.fhwa.dot.gov. 4 State and local laws governing the safety of the Manual on Uniform Traffic ANSI 107–1999 is the nationally recognized standard for high-visibility garments developed in and health of workers. It also requires Control Devices (MUTCD) 3 to address conjunction with the International Safety contractors to provide safety devices Equipment Association. Copies may be obtained at: 1 DHHS (NIOSH) Publication No. 2001–128; http://www.safetyequipment.org/hivisstd.htm. and protective equipment for workers. Building Safer Highway Work Zones: Measures to 5 Maryland’s policy on the use of High visibility The FHWA considered amending part Prevent Worker Injuries from Vehicles and garments can be viewed at: http:// 635 to include the high-visibility Equipment. It is available at the following URL: www.sha.state.md.us/businesswithsha/ garments requirements; however, this http://www.cdc.gov/niosh/2001128.html. bizStdsSpecs/desManualStdPub/ Part is limited to contract procedures for 2 Id. publicationsonline/ohd/spi2001/hddifb/020- 3 Manual on Uniform Traffic Control Devices hvsap.doc. Federal-aid projects, and would be of (MUTCD) is recognized as the national standard for 6 Illinois specifications can be viewed at: http:// applicability only during the project all traffic control devices installed on any street, dot.state.il.us/desenv/pdf/80130.pdf. phase. As a result, the FHWA decided

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to propose adding the requirements in a Safety Equipment Association (ISEA), all workers who are within the public new part in 23 CFR, which would be developed ANSI 107–1999 standard for right-of-way of a Federal-aid highway. applicable during the entire life of all personal protective equipment Section 634.3 Federal-aid highways. The FHWA’s conspicuity. ANSI 107–2004 7 has intent in proposing this rule is to superseded the ANSI 107–1999 This section would implement the improve the visibility of all workers on standard. The revisions in the ANSI provisions of section 1402 of or in close proximity to Federal-aid 107–2004 standard include the SAFETEA–LU. It would require all highways in all circumstances incorporation of improvements to the workers within the right-of-way of a including, but not limited to, Federal- fabric of the safety apparel, the Federal-aid highway who are exposed aid construction projects, maintenance inclusion of additional examples of either to traffic (vehicles using the and utility work, and traffic incident garment designs, and further guidance highway for purposes of travel) or to management. on the selection of the proper class of construction equipment within the work This proposed regulation would not garment for the field conditions. The area to wear high-visibility safety preempt or limit the occupational safety ANSI 107–2004 standard has become apparel. The applicability of the and health jurisdiction of the recognized by the industry and the requirements for high-visibility Occupational Safety and Health FHWA as the national standard and garments, under the proposed rule, Administration (OSHA) over the therefore the FHWA proposes to include would include non-traditional highway workers that would be covered by the this standard in 23 CFR part 634. workers including responders to proposed high-visibility garments The definition of ‘‘workers’’ is incidents and law enforcement requirements. The FHWA lacks direct provided to explain that part 634 would personnel. Responders to incidents and enforcement or civil penalty authority to apply to all workers who are working law enforcement personnel on highways enforce the proposed requirements. within the rights-of-ways of Federal-aid are exposed to the same hazards from Rather, pursuant to 23 CFR 1.36, highways who are exposed to traffic, traffic as those construction and compliance with this proposed both highway traffic and moving maintenance workers, traditionally regulation would be achieved by the construction equipment, when they are considered as highway workers. withholding of payment to the State of not in the cab of a motorized vehicle. Improving the ability of the approaching Federal funds on account of Federal-aid For the purposes of this part, the FHWA motorist to identify persons on or in highway projects, the withholding of proposes that workers include, but are close proximity to the highway should improve the safety of all workers. approval of further Federal-aid projects not limited to, the following: highway In order to minimize the financial in the State, and such other actions as construction and maintenance forces, the Federal Highway Administrator impacts of this new part, the FHWA survey crews, utility crews, responders proposes to establish a compliance date deems appropriate under the to incidents within the highway right- circumstances. for part 634 that will be 2 years from the of-way, law enforcement personnel and effective date of the final rule. The Section 634.1 any other personnel whose duties put FHWA research into the service life of them on or in the right-of-way of a the high-visibility garments that are This section explains that the FHWA Federal-aid highway. is taking this action to decrease the currently in use indicates that the useful The FHWA recognizes the multiple service life of the vests depends greatly likelihood of fatalities or injuries to roles and responsibilities of law workers on foot who are exposed either on the type of activities in which the enforcement officers on the public right- workers are engaged while wearing the to traffic (vehicles using the highway for of-way of Federal-aid highways. Law purposes of travel) or to construction garments. The useful service life of enforcement officers have garments that are worn on a daily basis vehicles or equipment while working responsibilities of incident response, within the rights-of-ways of Federal-aid is approximately 6 months. Garments work zone safety as well as law that are not worn on a daily basis are highways. Section 634.1 also notes that enforcement. The FHWA is seeking this rulemaking would apply only to expected to have a useful service life of comments during this public comment up to 3 years. Therefore, the proposed workers who are working within the period to fully assess the impact on rights-of-ways of Federal-aid highways. 2-year compliance period should safety and security of law enforcement provide agencies and contractors Section 634.2 officers should high visibility garments sufficient time in most cases to react to This section provides three be required for use in all situations. the adoption of these new requirements definitions that are critical to the proper The text in section 1402 of by purchasing garments that comply understanding of the rule. SAFETEA–LU specifically states that with the new standard as they replace The definition of ‘‘conspicuity’’ is the requirement to wear high-visibility garments that have already reached the provided because this word is used in safety apparel applies to all workers end of their useful service life. the definition of high-visibility safety who are on or in close proximity to apparel. The goal of this rule would be Federal-aid highways. Definition 32 in Rulemaking Analysis and Notices to make the worker more conspicuous section 1A.13 of the 2003 MUTCD All comments received on or before in the work area so that drivers and defines ‘‘highway’’ as a general term for the close of business on the comment equipment operators will notice the denoting a public way for purposes of closing date indicated above will be worker during both daytime and travel by vehicular travel, including the considered and will be available for nighttime conditions despite all of the entire area within the right-of-way. examination in the docket at the above other distractions that exist in a typical Therefore, for the purposes of part 634, address. Comments received after the temporary traffic control zone. the FHWA proposes that this comment closing date will be filed in The definition of ‘‘high-visibility requirement be interpreted to apply to the docket and will be considered to the safety apparel’’ is provided to relate this extent practicable, but the FHWA may new rule to a specific and measurable 7 ANSI 107–2004 is now the nationally issue a final rule at any time after the recognized standard for high-visibility garments standard. The American National developed in conjunction with the International close of the comment period. In Standards Institute (ANSI), in Safety Equipment Association. copies may be addition to late comments, the FHWA conjunction with the International obtained at: http://www.safetyequipment.org. will also continue to file in the docket

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relevant information that becomes economic impact for contractors will be Community Highway Safety Grant available after the comment closing the purchase of approximately 35,000 Program, to purchase high visibility date, and interested persons should garments at $25.00 9 each for a total of garments for worker safety when this continue to examine the docket for new $875,000. This cost will be borne across purchase is part of an eligible section material. many agencies, and the impact to each 402 highway safety project included in agency individually would be minimal. the State’s approved highway safety Executive Order 12866 (Regulatory In order to further minimize the plan. Planning and Review) and U.S. DOT financial impacts of this new part, the These proposed changes would not Regulatory Policies and Procedures FHWA proposes to establish a adversely affect, in any material way, The FHWA has determined compliance date for part 634 that will be any sector of the economy. In addition, preliminarily that this action would not 2 years from the effective date of the these proposed changes would not be a significant regulatory action within final rule. interfere with any action taken or the meaning of Executive Order 12866 Each year more than 100 workers are planned by another agency and would or significant within the meaning of killed and over 20,000 are injured in the not materially alter the budgetary U.S. Department of Transportation highway and street construction impact of any entitlements, grants, user regulatory policies and procedures. It is industry. We believe this proposed rule fees, or loan programs. Consequently, a anticipated that the economic impact of would help reduce these numbers. full regulatory evaluation is not this rulemaking would be minimal. Improved visibility of workers within required. As a result of the text in the 2003 the Federal-aid highway right-of-way Regulatory Flexibility Act MUTCD, many agencies have revised would reduce these numbers. their policies to require their employees The FHWA research into the service In compliance with the Regulatory to wear ANSI Class 2 safety apparel at life of the high-visibility garments that Flexibility Act (5 U.S.C. 601–612), the all times when they are working within are currently in use has shown that the FHWA has evaluated the effects of these the Federal-aid highway right-of-way useful service life of the vests depends proposed changes on small entities. and are revising their specifications to greatly on the type of activities in which This action proposes to require all also require contractors’ employees to the workers are engaged while wearing workers to wear high-visibility safety wear compliant safety apparel when the garments. The useful service life of apparel when on the right-of-way of the working within the right-of-way. In garments that are worn on a daily basis Federal-aid highways. The results of addition, in recognition of its risk is approximately 6 months. Garments FHWA research indicated that 90 management value, many contractors that are not worn on a daily basis are percent of the States have adopted have begun to provide their workers expected to have a useful service life of policies that require the use of high- with high-visibility safety apparel and up to 3 years. Therefore, the proposed visibility safety apparel in construction to require its use on their projects, 2-year compliance period should and maintenance (including their own regardless of whether it is required by provide agencies and contractors employees and contractors’ employees) the contract language. sufficient time in most cases to react to in highway work zones. Most of these The FHWA has researched the current the adoption of these new requirements agencies specify the ANSI Class 2 practice regarding the use of high- by purchasing garments that comply standard and are furnishing them for visibility safety apparel in construction with the new standard as they replace their own employees. The FHWA and maintenance work zones in 30 garments that have already reached the believes many local agencies have also States. This research revealed that more end of their useful service life. adopted this policy because the FHWA’s than 90 percent (28 out of 30) of these The FHWA believes there would also research indicates that usually local State DOTs have already adopted be a minimal economic impact to the agencies follow States’ policies with policies that require highway incident responder community, such as respect to MUTCD standards and construction and maintenance workers law enforcement agencies and fire guidance. Also, the proposed rule (including their own employees and departments. The proposed 23 CFR part would only apply to Federal-aid contractors’ employees) in highway 634 would require these agencies to highway rights-of-way and the FHWA’s work zones to wear high-visibility safety supply their personnel with high- research shows that the number of miles apparel. Most of these agencies specify visibility safety apparel for use on of Federal-aid highways that are owned the ANSI Class 2 standard and are Federal-aid highway rights-of-ways. by small entities makes up only furnishing them for their own However, we do not believe we have approximately 25 percent of the total employees. Therefore, a large majority enough information to determine what number of miles on the Federal-aid of the State DOTs are already in percentage of incident responders and highway system.10 compliance with the proposed law enforcement agencies have actually Therefore, the FHWA has determined requirements of this regulation. begun to wear high-visibility garments. that the proposed revisions would not According to the U.S. Department of Therefore, the FHWA is seeking have a significant economic impact on Labor, Bureau of Labor Statistics, there comments during this public comment a substantial number of small entities. are approximately 350,000 workers period that will allow the magnitude of involved in highway construction Unfunded Mandates Reform Act of the economic impact that this proposed 1995 activities nationwide at any given time.8 new part would have on the incident The FHWA’s research indicates that response and law enforcement This notice of proposed rulemaking approximately 90 percent of States have communities to be more fully assessed. would not impose unfunded mandates already adopted high visibility garment Also, States and local agencies may as defined by the Unfunded Mandates policies in accordance with 2003 use funding available under section 402 Reform Act of 1995 (Pub. L. 104–4, 109 MUTCD. Therefore, the estimated of chapter 4 of Title 23, the State and Stat. 48, March 22, 1995). This proposed action would not result in the 8 U.S. Department of Labor Bureau of Labor 9 The FHWA researched the price of high- Statistics maintains records on the numbers of visibility garments with manufacturers. This figure 10 U.S. Department of Transportation, Federal workers involved in the highway construction represents an average cost that an agency or Highway Administration Highway Statistics. This industry. The statistics may be viewed at http:// contractor can expect to pay for a ANSI Class 2 information is available at http://www/ www/bls.gov. garment. fhwa.dot.gov/policy/ohim/hs03.

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expenditure by State, local, and tribal Executive Order 13211 (Energy Effects) Constitutionally Protected Property governments, in the aggregate, or by the Rights. The FHWA has analyzed this private sector, of $120.7 million or more proposed action under Executive Order National Environmental Policy Act in any 1 year period to comply with 13211, Actions Concerning Regulations these changes as these proposed The agency has analyzed this That Significantly Affect Energy Supply, changes are minor and non-substantive proposed action for the purpose of the Distribution, or Use. It has been in nature, requiring no additional or National Environmental Policy Act of determined that it is not a significant new expenditures. 1969 (42 U.S.C. 4321 et seq.) and has Additionally, the definition of energy action under that order because determined that it would not have any ‘‘Federal mandate’’ in the Unfunded it is not a significant regulatory action effect on the quality of the environment. Mandate Reform Act excludes financial under Executive Order 12866 and is not Regulation Identification Number assistance of the type in which State, likely to have a significant adverse effect local or tribal governments have on the supply, distribution, or use of A regulation identification number authority to adjust their participation in energy. Therefore, a Statement of Energy (RIN) is assigned to each regulatory the program in accordance with changes Effects under Executive Order 13211 is action listed in the Unified Agenda of made in the program by the Federal not required. Federal Regulations. The Regulatory Government. The Federal-aid highway Executive Order 12372 Information Service Center publishes program permits this type of flexibility (Intergovernmental Review) the Unified Agenda in April and to the States. October of each year. The RIN contained Catalog of Federal Domestic in the heading of this document can be Executive Order 13132 (Federalism) Assistance Program Number 20.205, used to cross-reference this action with This action has been analyzed in Highway Planning and Construction. the Unified Agenda. accordance with the principles and The regulations implementing Executive criteria contained in Executive Order Order 12372 regarding List of Subjects in 23 CFR Part 634 13132 dated August 4, 1999, and the intergovernmental consultation on Design standards, Highways and FHWA has determined that this Federal programs and activities apply to roads, Incorporation by reference, proposed action would not have a this program. Workers, Traffic regulations. substantial direct effect or sufficient Paperwork Reduction Act Issued on: April 17, 2006. federalism implications on States that J. Richard Capka, would limit the policymaking discretion Under the Paperwork Reduction Act of the States and local governments. The of 1995 (PRA) (44 U.S.C. 3501, et seq.), Acting Federal Highway Administrator. FHWA has also determined that this Federal agencies must obtain approval In consideration of the foregoing, the proposed rulemaking would not from the Office of Management and FHWA proposes to add part 634 to title preempt any State law or State Budget (OMB) for each collection of 23, Code of Federal Regulations, as regulation or affect the States’ ability to information they conduct, sponsor, or follows: discharge traditional State governmental require through regulations. The FHWA functions and does not have sufficient has determined that this proposed PART 634—WORKER VISIBILITY federalism implications to warrant the action does not contain collection preparation of a federalism assessment. information requirements for purposes Sec. 634.1 Purpose. The proposed amendments are in of the PRA. 634.2 Definitions. keeping with the Secretary of Executive Order 12988 (Civil Justice 634.3 Rule. Transportation’s authority under 23 Reform) U.S.C. 109(d), 315, and 402(a) to Authority: 23 U.S.C. 101(a), 109(d), 114(a), This proposed action meets 315, and 402(a); Sec. 1402 of Public Law promulgate uniform guidelines to 109–59; 23 CFR 1.32; and 49 CFR 1.48(b). promote the safe and efficient use of applicable standards in sections 3(a) highways. and 3(b)(2) of Executive Order 12988, § 634.1 Purpose. Civil Justice Reform, to minimize The purpose of the regulations in this Executive Order 13175 (Tribal litigation, eliminate ambiguity, and Consultation) part is to decrease the likelihood of reduce burden. worker fatalities or injuries caused by The FHWA has analyzed this motor vehicles and construction proposed action under Executive Order Executive Order 13045 (Protection of Children) vehicles and equipment while working 13175, dated November 6, 2000, and within the right-of-way on Federal-aid believes that it would not have The FHWA has analyzed this highways. substantial direct effects on one or more proposed action under Executive Order Indian tribes; would not impose 13045, Protection of Children from § 634.2 Definitions. substantial direct compliance costs on Environmental Health Risks and Safety Close proximity—means within the Indian tribal governments; and would Risks. This is not an economically highway right-of-way on Federal-aid not preempt tribal law. The purpose of significant action and does not concern highways. this proposed rule is to improve an environmental risk to health or safety Conspicuity means the characteristics visibility of workers within the Federal- that may disproportionately affect of an object that influence the aid highway right-of-way to increase children. probability that it will come to the safety of these workers, and would not attention of an observer, especially in a Executive Order 12630 (Taking of impose any direct compliance complex environment with other Private Property) requirements on Indian tribal competing objects. governments and will not have any This proposed action would not affect High-visibility safety apparel means economic or other impacts on the a taking of private property or otherwise personal protective safety clothing that viability of Indian tribes. Therefore, a have taking implications under is intended to provide conspicuity tribal summary impact statement is not Executive Order 12630, Governmental during both daytime and nighttime required. Actions and Interference with usage, and that meets the Performance

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Class 2 or 3 requirements of the ANSI/ Mail Classification Schedule (DMCS) Notice of Inquiry ISEA 107–2004 publication entitled pertaining to Express Mail Second Day The current ‘‘availability’’ subsection ‘‘American National Standard for High- service. This classification case is in of the Expedited Mail section of the Visibility Safety Apparel and response to the issues brought to light DMCS is as follows: Headwear,’’ which is published by the in count 3 of the Complaint on Express International Safety Equipment Mail filed under 39 U.S.C. 3662 and 123 Next Day Service and Second Day Association, 1901 N. Moore Street, docketed by the Commission as Docket Service Arlington, VA 22209 (http:// No. C2005–1,1 and upon the statements, 123.1 Availability of Services. Next Day www.safetyequipment.org). proffers and admissions offered by and Second Day Services are available at Workers means people on foot whose Postal Service counsel in the Postal designated retail postal facilities to duties place them within the right-of- designated destination facilities or locations Service’s Answer in that proceeding.2 way of a Federal-aid highway, including for items tendered by the time or times highway construction and maintenance Background specified by the Postal Service. Next Day forces, survey crews, utility crews, Service is available for overnight delivery. The Commission’s views on the Second Day Service is available for second responders to incidents within the day delivery. highway right-of-way, law enforcement necessity and desirability for DMCS The Commission recognizes that, ‘‘[o]ver personnel and any other personnel clarification on Express Mail Second time, because of ambiguities or imprecise whose duties put them on the Federal- Day service are explained in more detail language, it becomes necessary to amend the aid highway right-of-way. in Order No. 1461. The primary focus of DMCS to clarify or correct language that has this proceeding is on how best to clearly led to misinterpretations in the application of § 634.3 Rule. state in the DMCS the scope of Second the DMCS to specific types of mail matter.’’ PRC Op. C85–1, para. 066. In that light, the All workers within the right-of-way of Day Express Mail service that the Postal a Federal-aid highway who are exposed Commission proposes to clarify the current Service intends to provide its DMCS language regarding the availability of either to traffic (vehicles using the customers. As it stands, several DMCS Second Day service. The Commission highway for purposes of travel) or to provisions call for second day delivery, proposes changes based upon statements construction equipment within the work when, in certain limited circumstances, made by the Postal Service in its Answer to area shall wear high-visibility safety the Postal Service has admitted that it the Complaint filed in C2005–1 as to the apparel. service it intends to provide its customers.4 does not expect to provide delivery Clarification is especially important since, as [FR Doc. E6–6025 Filed 4–21–06; 8:45 am] until the third or fourth day. Delivery on the Postal Service noted, the ‘‘refund’’ BILLING CODE 4910–22–P the third or fourth day is nonetheless provision only provides for refunds for second delivery day delivery—mail that Second Day service if an Express Mail would have been delivered on the package is not delivered on the second 5 POSTAL RATE COMMISSION second calendar day except that Sunday delivery day. This anomalous result occurs even if second calendar day delivery is or holiday delivery is not available at 39 CFR Part 3001 promised to a customer and yet the mailpiece that particular destination. This is not delivered until the second delivery [Docket No. MC2006–4; Order No. 1462] proceeding is an attempt to promptly day, see DMCS section 182.4. remedy that inconsistency and Proposed Change Classification Changes for Express harmonize the ‘‘refund’’ section of the Mail Second Day Service Express Mail DMCS language regarding Accordingly, the Commission proposes the following clarifying AGENCY: Postal Rate Commission. Second Day service with the 3 changes to the current DMCS: ACTION: Notice of new docket and ‘‘availability’’ section. proposed rulemaking. 123 Next Day Service and Second Day Intervention Service SUMMARY: This order announces a mail Those wishing to be heard in this 123.1 Availability of Services. Next Day classification docket to consider and matter are directed to file a notice of and Second Day Services are available at clarify domestic mail classification designated retail postal facilities to intervention on or before May 3, 2006. schedule language pertaining to Express designated destination facilities or locations The notice of intervention shall be filed Mail Second Day service. The proposed for items tendered by the time or times change, if adopted, will help clarify using the Internet (Filing Online) at the specified by the Postal Service. Next Day Service is available for overnight delivery. delivery guarantees. Commission’s Web site (http:// www.prc.gov), unless a waiver is Second Day Service is available for delivery DATES: Deadline for filing notices of obtained for hardcopy filing. Rules 9(a) on the second delivery day as specified by intervention and comments on Notice of the Postal Service. and 10(a) [39 CFR 3001.9(a) and 39 CFR Inquiry and need for a hearing: May 3, Participants are invited to submit 2006; Deadline for filing replies to 3001.10(a)]. Notices should indicate whether participation will be on a full comments on the proposed DMCS comments on Notice of Inquiry: May 10, changes presented above on or before 2006. or limited basis and may include procedural suggestions. See rules 20 and May 3, 2006. Reply comments may be ADDRESSES: File all documents referred submitted on or before May 10, 2006. to in this order electronically via the 20a [39 CFR 3001.20 and CFR 3001.20a]. No decision has been made at this point Commission’s Filing Online system at 4 Specifically, the ‘‘Postal Service admits that, http://www.prc.gov. on whether a hearing will be held in when customers send Express Mail on Fridays to FOR FURTHER INFORMATION CONTACT: this case. destinations for which Next Day Service is not available, or when customers’ Express Mail is Stephen L. Sharfman, 202–789–6820. accepted on Fridays after the cut-off time for Next 1 Douglas F. Carlson Complaint on Express Mail, SUPPLEMENTARY INFORMATION: Notice is Day Service, their Express Mail is guaranteed for February 18, 2005 (Complaint). hereby given that pursuant to 39 U.S.C. delivery on Monday (or Tuesday, if Monday is a 2 Answer of United States Postal Service, May 5, holiday) unless the destination ZIP Code is one in 3623(b), the Commission is instituting a 2005 (Answer). which Sunday and holiday delivery is available.’’ mail classification case to consider and 3 Compare DMCS section 182.4 with section Answer at 13. clarify the language of the Domestic 123.1. 5 Id. at 11–12.

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Necessity of a prehearing conference. PART 3001—RULES OF PRACTICE 1. http://www.regulations.gov: Follow Given the limited scope of this AND PROCEDURE the on-line instructions for submitting proceeding, the Commission will comments. determine an appropriate procedural 1. The authority citation for part 3001 2. E-mail: [email protected]. schedule after evaluating comments on continues to read as follows: 3. Fax: (617) 918–0048. its Notice of Inquiry. Participants shall Authority: 39 U.S.C. 404(b); 3603; 3622– 4. Mail: ‘‘EPA–R01–OAR–2006– file pleadings identifying and discussing 24; 3661, 3662, 3663. 0119’’, Dan Brown, U.S. Environmental Protection Agency, EPA New England the matters that would indicate the need 2. Amend Appendix A to Subpart C— Regional Office, One Congress Street, to schedule a prehearing conference or Postal Services Rates and Charges by Suite 1100 (mail code CAP), Boston, MA a hearing, along with other matters revising 123.1 to read as follows: referred to in this order by May 3, 2006. 02114–2023. 123.1 Availability of Services. Next Day 5. Hand Delivery or Courier. Deliver Representation of the general public. and Second Day Services are available at your comments to: Dan Brown, In conformance with section 3624(a) of designated retail postal facilities to Manager, Air Permits, Toxics and title 39, the Commission designates designated destination facilities or locations Indoor Programs Unit, Office of Shelley S. Dreifuss, director of the for items tendered by the time or times specified by the Postal Service. Next Day Ecosystem Protection, U.S. Commission’s Office of the Consumer Environmental Protection Agency, EPA Advocate, to represent the interests of Service is available for overnight delivery. Second Day Service is available for delivery New England Regional Office, One the general public in this proceeding. Congress Street, 11th floor, (CAP), Pursuant to this designation, Ms. on the second delivery day as specified by the Postal Service. Boston, MA 02114–2023. Such Dreifuss will direct the activities of [FR Doc. E6–6104 Filed 4–21–06; 8:45 am] deliveries are only accepted during the Commission personnel assigned to Regional Office’s normal hours of assist her and, upon request, will supply BILLING CODE 7710–FW–P operation. The Regional Office’s official their names for the record. Neither Ms. hours of business are Monday through Dreifuss nor any of the assigned Friday, 8:30 to 4:30, excluding legal personnel will participate in or provide ENVIRONMENTAL PROTECTION holidays. advice on any Commission decision in AGENCY Please see the direct final rule which this proceeding. is located in the Rules Section of this Ordering Paragraphs 40 CFR Part 63 Federal Register for detailed instructions on how to submit It is ordered: [EPA–R01–OAR–2006–0119; A–1–FRL– comments. 8049–8] 1. The Commission establishes Docket FOR FURTHER INFORMATION CONTACT: No. MC2006–4, Classification Changes Approval of the Clean Air Act, Section Susan Lancey, Air Permits, Toxics, and for Express Mail Second Day Service to Indoor Programs Unit, U.S. consider clarifying the DMCS language 112(l), Authority for Hazardous Air Pollutants; Perchloroethylene Dry Environmental Protection Agency, EPA related to Second Day Express Mail New England Regional Office, One service and other germane issues. Cleaner Regulation, State of Maine Department of Environmental Congress St, Suite 1100, Boston, MA 2. The Commission will sit en banc in Protection 02114, telephone number (617) 918– this proceeding. 1656, fax (617) 918–0656, e-mail 3. The deadline for filing notices of AGENCY: Environmental Protection [email protected]. intervention is May 3, 2006. Agency (EPA). SUPPLEMENTARY INFORMATION: In the 4. Notices of intervention shall ACTION: Proposed rule. final rules section of this Federal Register, EPA is approving ME DEP’s indicate the nature of the intervening SUMMARY: EPA proposes to approve the request as a direct final rule without party’s participation in the case. Maine Department of Environmental prior proposal because the Agency 5. Participants are invited to submit Protection’s (ME DEP) request for views this as a noncontroversial action comments on the Notice of Inquiry and approval to implement and enforce and anticipates no relevant adverse the proposed DMCS change on or before ‘‘Chapter 125: Perchloroethylene Dry comments. Chapter 125 has been in May 3, 2006. Reply comments may be Cleaner Regulation’’ in place of the effect in Maine since 1991 and is, taken submitted on or before May 10, 2006. National Emissions Standard for as a whole, more stringent than the Dry Hazardous Air Pollutants for 6. Shelley S. Dreifuss, director of the Cleaning NESHAP. A detailed rationale Perchloroethylene Dry Cleaning Commission’s Office of the Consumer for the approval is set forth in the direct Facilities (‘‘Dry Cleaning NESHAP’’) as Advocate, is designated to represent the final rule. If no relevant adverse it applies to area sources. Approval of interests of the general public. comments are received in response to this request for partial rule substitution 7. The Secretary shall arrange for this action, EPA will take no further would make Chapter 125 federally publication of this document in the action on this proposed rule. If the EPA enforceable and consolidate the Federal Register. receives relevant adverse comments, compliance requirements for area source EPA will withdraw the direct final rule Dated: April 19, 2006. dry cleaners in Maine into one set of and it will not take effect. EPA will then Steven W. Williams, regulations. Major source dry cleaning address all public comments received in Secretary. facilities would remain subject to the a subsequent final rule based on this Dry Cleaning NESHAP. List of Subjects in 39 CFR Part 3001 proposed rule. The EPA will not DATES: Written comments must be institute a second comment period in Administrative practice and received on or before May 24, 2006. this action. procedure, Postal Service. ADDRESSES: Submit your comments, For additional information see the For the reasons discussed above, the identified by Docket ID No. EPA–R01– direct final action which is published in Commission proposes to amend 39 CFR OAR–2006–0119 by one of the following the Rules Section of this Federal part 3001 as follows: methods: Register.

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Dated: March 16, 2006. DATES: You should submit your A. 1995 Final Rule Upgrading FMVSS No. Robert W. Varney, comments early enough to ensure that 201 B. Subsequent Amendments to FMVSS No. Regional Administrator, EPA—New England. Docket Management System receives 201 [FR Doc. 06–3854 Filed 4–21–06; 8:45 am] them not later than June 23, 2006. II. Petitions for Rulemaking BILLING CODE 6560–50–P ADDRESSES: You may submit comments A. Recreation Vehicle Industry Association [identified by DOT Docket Number at Petition for Rulemaking the beginning of this document] by any B. National Truck Equipment Association of the following methods: Petition for Rulemaking DEPARTMENT OF TRANSPORTATION • Web site: http://dms.dot.gov. III. The Agency’s New Approach to Vehicles Follow the instructions for submitting Built in Two or More Stages and Altered National Highway Traffic Safety Vehicles Administration comments on the DOT electronic docket A. ‘‘Pass-Through’’ Certification site. B. The Agency’s Authority To Exclude • Fax: 1–202–493–2251. 49 CFR Part 571 • Multi-Stage Vehicles From FMVSSs Mail: Docket Management System; C. New Temporary Exemption Procedures [Docket No. NHTSA 2006–24497] U.S. Department of Transportation, 400 Available to Final Stage Manufacturers 7th Street, SW., Room PL–401, and Alterers RIN 2127–AI93 Washington, DC 20590. IV. Response to the RVIA and NTEA • Hand Delivery: Room PL–401 on Petitions for Rulemaking Federal Motor Vehicle Safety the plaza level of the Nassif Building, A. Proposal To Limit the Occupant Standards; Occupant Protection in 400 7th Street, SW., Washington, DC, Compartment Area Subject to the FMH Interior Impact Impact Requirements in Ambulances, between 9 a.m. and 5 p.m., Monday Motor Homes, and Other Vehicles through Friday, except Federal AGENCY: National Highway Traffic Manufactured in Two or More Stages, Holidays. Safety Administration (NHTSA), and Altered Vehicles • Federal eRulemaking Portal: Go to B. Proposal To Exclude Vehicles Department of Transportation (DOT). http://www.regulations.gov. Follow the Manufactured in Two or More Stages, ACTION: Response to petitions for online instructions for submitting Other Than Motor Homes, Chassis Cabs, rulemaking; notice of proposed comments. Cutaway Vans, and Other Incomplete rulemaking. Instructions: All submissions must Vehicles With a Furnished Front include the agency name and docket Compartment, From FMH Impact SUMMARY: Our safety standard on Requirements number or Regulatory Identification C. Question Regarding Multistage Vehicles occupant protection in interior impact Number (RIN) for this rulemaking. For requires, in part, that light vehicles With Raised Roofs detailed instructions on submitting D. Additional Relief Is Not Warranted provide head protection when an comments and additional information V. Effective Date occupant’s head strikes upper interior on the rulemaking process, see the VI. Submission of Comments components, such as pillars, side rails, Public Participation heading of the VII. Regulatory Analyses and Notices headers, and the roof during a crash. For VIII. Proposed Regulatory Text SUPPLEMENTARY INFORMATION section of altered vehicles and vehicles built in this document. Note that all comments I. Background two or more stages, these requirements received will be posted without change become effective September 1, 2006. to http://dms.dot.gov, including any A. 1995 Final Rule Upgrading FMVSS The Recreation Vehicle Industry personal information provided. Please No. 201 Association and the National Truck see the Privacy Act heading under On August 18, 1995, the National Equipment Association petitioned the Regulatory Notices. Highway Traffic Safety Administration agency to permanently exclude certain Docket: For access to the docket to (NHTSA) issued a final rule (August types of altered vehicles and vehicles read background documents or 1995 final rule) amending Federal Motor manufactured in two or more stages comments received, go to http:// Vehicle Safety Standard (FMVSS) No. from these requirements. This document dms.dot.gov at any time or to Room PL– 201, ‘‘Occupant Protection in Interior responds to these petitions for 01 on the plaza level of the Nassif Impact,’’ to provide enhanced head rulemaking and proposes certain Building, 400 7th Street, SW., impact protection.1 The August 1995 amendments to the standard. Washington, DC, between 9 a.m. and 5 final rule required passenger cars, and Based on a careful consideration of p.m., Monday through Friday, except trucks, buses and multipurpose both the safety benefits of the upper Federal Holidays. passenger vehicles (MPVs) with a gross interior protection requirements, and FOR FURTHER INFORMATION CONTACT: The vehicle weight rating (GVWR) of 4,536 practicability concerns relating to following persons at the National kilograms (10,000 pounds) or less, to vehicles built in two or more stages and Highway Traffic Safety Administration, provide protection when an occupant’s certain altered vehicles, we are 400 7th Street, SW., Washington, DC head strikes upper interior components, proposing to limit these requirements to 20590: including pillars, side rails, headers, only the front seating positions of those For technical and policy issues: Lori and the roof, during a crash. The new vehicles. Further, we tentatively Summers, Office of Crashworthiness head protection requirements were conclude that it is appropriate to Standards, telephone: (202) 366–4917, necessary because even in vehicles exclude a narrow group of multi-stage facsimile: (202) 366–4329, E-mail: equipped with air bags, head impacts vehicles delivered to the final stage [email protected]. with upper interior components manufacturer without an occupant For legal issues: George Feygin, Office resulted in a significant number of compartment, because of of the Chief Counsel, telephone: (202) occupant injuries and fatalities. impracticability concerns. 366–2992, facsimile: (202) 366–3820, E- The August 1995 final rule We are also proposing to delay the mail [email protected]. significantly expanded the scope of effective date of the head impact SUPPLEMENTARY INFORMATION: FMVSS No. 201. Previously, the protection requirements as they apply to final stage manufacturers and alterers Table of Contents 1 See 60 FR 43031, Aug. 18, 1995; Docket No. until September 1, 2008. I. Background NHTSA–1996–1762–1.

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standard applied to the instrument Among other things, the agency delayed vehicles, often necessitating the panel, seat backs, interior compartment the effective date of the FMH impact addition by the final-stage manufacturer doors, arm rests and sun visors, but not requirements for vehicles manufactured of its own occupant compartment. The to interior components such as pillars in two or more stages until September final stage manufacturer is responsible and headers. The final rule set 1, 2002. The agency also excluded buses for certification of the completed minimum performance requirements for with a GVWR of more than 3,856 kg vehicle, although, as discussed below, it these upper interior components by (8,500 pounds) from the FMH impact can often ‘‘pass-through’’ by incomplete establishing target areas that must be requirements because we were vehicle manufacturer. padded or otherwise have energy concerned that these requirements were absorbing properties to minimize head prohibitively costly for that class of A. Recreation Vehicle Industry injury in the event of a crash. The final vehicles.6 Finally, the agency denied a Association Petition for Rulemaking rule added procedures for a new in- petition to exclude police vehicles from On October 4, 2001, the RVIA vehicle component test in which a free- the FMH impact requirements because submitted a petition for rulemaking motion head form (FMH) is fired at the petitioner did not present evidence requesting that ‘‘van conversions, certain target locations on the upper to indicate that police equipment altered vehicles, and motor homes’’ interior of a vehicle at an impact speed required different treatment from with a GVWR of 10,000 pounds or less of 24 km/h (15 mph). Targets that are interior attachments present in other be excluded from the requirements of located on or within 50 mm (2 inches) vehicles subjected to testing. the August 1995 final rule.10 of dynamically deployable upper In 2002, in response to petitions The RVIA is a national trade interior head protection systems (air (described in detail in the next section) association representing final stage bags systems) can, at the option of the to permanently exclude altered vehicles manufacturers and alterers. These manufacturer, be impacted at the and vehicles manufactured in two or entities alter vans, pickup trucks, and reduced speed of 19 km/h (12 mph). more stages from the FMH impact sport utility vehicles prior to first retail Data collected from an FMH impact are requirements, the agency issued an sale (RVIA refers to these vehicles translated into a Head Injury Criterion interim final rule, delaying the effective collectively as conversion vehicles or (HIC(d)) score. The resultant HIC(d) date of these requirements as they apply ‘‘CVs’’), and also manufacture motor must not exceed 1000. to altered vehicles and vehicles homes. The RVIA petition requested The FMH impact requirements manufactured in two or more stages that CVs and motor homes be excluded excluded targets located on convertible until September 1, 2003.7 On August 28, from the FMH impact requirements for roof frames or roof linkage mechanisms, 2003, the agency further delayed the the following reasons: targets located at least 24 inches effective date of the FMH impact 1. RVIA argues that in the statutory rearward of the rearmost designated requirements for altered vehicles and enactment directing NHTSA to improve seating position, and targets located at vehicles manufactured in two or more head impact protection, Congress 8 least 24 inches rearward of the driver’s stages until September 1, 2006. The specifically limited its mandate to seating position in an ambulance or a issue of permanent exclusion of these passenger cars. RVIA stated that a motor home. Walk-in van-type vehicles types of vehicles is being addressed in proposed Senate amendment to include 9 were also excluded from the new the subsequent sections of this notice. multipurpose passenger vehicles requirements because upper interior II. Petitions for Rulemaking (MPVs) and light duty trucks (LDTs) components on those vehicles are was expressly rejected.11 Because the This document addresses petitions for located much higher compared to other agency chose to proceed beyond the rulemaking submitted by the Recreation vehicles, and head impacts against these congressional mandate, RVIA argues Vehicle Industry Association (RVIA) components are unlikely for belted that NHTSA has the discretion to 2 and the National Truck Equipment occupants. exclude vehicles, other than passenger The 1995 final rule provided Association (NTEA). The member cars, from the FMH impact manufacturers with three alternate companies of RVIA and NTEA are requirements. phase-in schedules for complying with generally considered final-stage 2. With the exception of a single the FMH impact requirements. At this manufacturers and alterers. That is, they entity, all RVIA members fall under the time, all vehicles except altered vehicles purchase incomplete vehicles from ‘‘small business’’ definition for the and vehicles manufactured in two-or- major manufacturers to serve as the purposes of Small Business more stages are required to comply with basis for specialty vehicles Administration regulations.12 RVIA the FMH impact requirements.3 As (manufactured in two or more stages) for states that its members have been discussed below, the effective date for certain uses and markets, or alter operating in a declining market where altered vehicles and vehicles completed vehicles prior to first retail production of CVs and motor homes has manufactured in two or more stages to sale. As such, the petitioners’ members been declining sharply. For example, in comply with these requirements is face a variety of challenges in certifying 1999, RVIA members produced 104,100 presently September 1, 2006.4 that their vehicles meet applicable safety standards. We note that with CVs and 4,634 motor homes. By B. Subsequent Amendments to FMVSS respect to vehicles manufactured in two contrast, 2001 shipments were projected No. 201 or more stages, some multi-stage at 38,000 CVs and 3,629 motor homes. On April 8, 1997, the agency vehicles are built from chassis-cabs with In light of their member’s ‘‘small responded to petitions for a completed occupant compartment. business’’ status and declining sales, reconsideration of the 1995 final rule.5 Others are built from less complete RVIA argues that the member companies do not have the financial 2 The current exclusions are specified in S6.3 of 6 See id at 16720. 49 CFR 571.201. 7 See 67 FR 41348, June 18, 2002. 10 To examine the petition, please go to http:// 3 We note that under S6.3(d), walk-in van-type 8 See 68 FR 51706, August 28, 2003. dms.dot.gov/ and enter Docket No. NHTSA–2000– vehicles are permanently excluded from the FMH 9 We note that there have been other, more recent 7145–6. impact requirements. amendments to the requirements of FMVSS No. 11 See H.R. Conf. Rep. No. 102–404, at 395–396 4 See S6.1.4 of 49 CFR 571.201. 201. However, their content had no relevance to (1991). 5 See 62 FR 16718, April 8, 1997. this NPRM. 12 See 13 CFR 121.201.

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resources and technical expertise to RVIA cites Fatal Analysis Reporting seating position where the vehicle is comply with FMH impact requirements. System (FARS) data in arguing that van- equipped with a full or partial bulkhead 3. RVIA estimates the cost of based motor homes are safe. or other similar device for the purpose compliance (including development and Specifically, between 1996 and 1999, of protecting or isolating the driver and tooling) to average $2,401 to $4,850 per there was an average of 14 fatalities per passenger compartment from the cargo each CV and $4,748 to $5,747 per each year in all van-based motor homes carrying, load bearing, or work motor home, respectively.13 RVIA regardless of the GVWR, which performing area of the vehicle. estimates that the costs associated with translates to 0.0039 fatalities per NTEA represents 1,500 distributors, certification testing to be as high as 1,000,000 annual vehicle miles final stage and intermediate (compared to 0.0143 fatalities per $46,000 for each vehicle configuration. manufacturers, and alterers of work- RVIA argues that most CVs and motor 1,000,000 miles for passenger cars). related trucks, truck bodies and homes feature unique interior designs. Based on these data, RVIA estimates equipment. More specifically, NTEA Specifically, these vehicles include that the safety benefit reduction from member companies produce overhead cabinets, side valances, raised excluding small, van-based motor ambulances, fire fighting, rescue, roof structures, and other unusual homes from the FMH impact emergency or law enforcement vehicles, interior components. RVIA members requirements would be extremely low. utility company vehicles, aerial bucket offer an average of 18 different CV Since FARS does not track crash data trucks, delivery trucks and a variety of configurations each, all of which would for all CVs, RVIA was not able to make other specialized vehicles for require separate certification testing. a similar estimate for CVs. However, commercial or vocational use. These Some offer as many as 38 different CV RVIA argues that CVs are safer than an entities generally use incomplete variations. Motor home manufacturers average passenger car, and that the vehicles provided by major offer as many as 14 motor home safety benefit reduction in the case of manufacturers and assemble a variations. However, at least one motor CVs would also be quite low.14 completed vehicle for a specified home manufacturer offers at least 73 6. RVIA members produce vehicles to purpose using the chassis provided by different ‘‘floor plans.’’ RVIA states that the consumer’s specifications and many another company. As discussed above, this product variation necessitates special components and designs are altered vehicles and vehicles conducting FMH impact testing on each installed in response to consumer manufactured in two or more stages vehicle configuration and may even requests. RVIA argues that in granting a must comply with FMH impact require multiple identical vehicles to previous (unrelated) temporary requirements beginning September 1, test each configuration. exemption from the requirements of Because of the differences in the FMVSS No. 201, the agency 2006. In 2001, NTEA estimated that customized interiors, RVIA argues that acknowledged public benefit in 377,000 vehicles produced by its the manufacturers have been unable to affording consumers a wide choice of members annually would have to meet arrive at practicable and cost-effective motor vehicles.15 Petitioners asked that the FMH impact requirements. ‘‘countermeasures;’’ i.e., additional the agency adhere to this policy by NTEA asked for an exclusion of such padding designed to bring these allowing RVIA members to continue vehicles because it believes that NTEA vehicles into compliance with FMH manufacturing CVs and motor homes member manufacturers will not be able impact requirements. built to customer specifications. to demonstrate that these vehicles 4. RVIA states that cooperative B. National Truck Equipment comply with FMH impact requirements testing, suggested by NHTSA as a way Association Petition for Rulemaking without conducting individual full-scale to lessen compliance costs associated dynamic testing on each vehicle model, with FMH requirements, is not On November 27, 2001, NTEA which NTEA argues is not economically practicable because each RVIA member submitted a petition for rulemaking or technologically possible. Other manufactures unique vehicles, each requesting that certain vehicles options for demonstrating compliance, substantially different from its manufactured in two or more stages be such as pass through certifications, competitors. Because these vehicles are excluded from FMH impact engineering analysis, and computer different, cooperative testing is requirements arguing that the modeling, are, according to NTEA, not impossible unless interiors for all requirements are impracticable as they available or economically feasible. apply to these vehicles.16 These vehicles vehicles manufactured by RVIA First, NTEA believes that FMH testing members are made uniform. included ambulances, fire fighting, rescue, emergency, and law enforcement for the subject vehicles is not Accordingly, RVIA argues that vehicles. Additionally, the NTEA economically feasible because of the cooperative testing would eliminate requested exemption from FMH impact number of vehicle configurations interior customization, which would in requirements for any target in a truck or produced by the multi-stage truck and turn result in a loss of market for CVs multipurpose passenger vehicle located specialty vehicle industry. NTEA and motor homes. rearward of a vertical transverse plane estimates that in aggregate, compliance 5. RVIA argues that the safety benefits testing would cost its members of FMH impact requirements as applied through the foremost design H-point of the rear most forward facing designated $160,000,000. Specifically, NTEA states to CVs and motor homes are marginal. that there are over 1,200 identifiable RVIA conducted a survey of CV and 14 Petitioners support this assertion by a letter vehicle configurations produced by its motor home manufacturers which from RV Alliance America. The letter is found in members. For each configuration, the showed no crashes in which an Exhibit E (Docket No. NHTSA–2002–7145–6). cost of actual testing is approximately occupant injury or death had occurred 15 See 64 FR 61379, November 10, 1999. $14,000 to $17,000 (NTEA states that 16 due to head impacts with upper interior See NHTSA–2001–8876–10 at http:// this cost estimate does not account for components covered by FMH impact dms.dot.gov/. NTEA also filed subsequent petitions to delay the effective date of the August 1995 final development costs, costs for re-testing requirements. rule as it applied to vehicles manufactured in two after failures, transportation of the or more stages. These later petitions relied on the vehicle to the test facility, or 13 RVIA’s detailed certification testing and tooling same arguments presented to the agency in the cost estimates are on page 7 and in Exhibit D of the November 27, 2001 document (see NHTSA–2002– countermeasures in production vehicles petition (Docket No. NHTSA–2002–7145–6). 12480–2, NHTSA–2002–12480–3). that would be necessary to produce a

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compliant vehicle).17 Besides costs, III. The Agency’s New Approach to manufacturers and intermediate NTEA argues that it is not feasible to Vehicles Built in Two or More Stages manufacturers will have certification test each vehicle configuration and Altered Vehicles responsibilities for the vehicles as produced by its member manufacturers On February 14, 2005, the agency further manufactured or completed by because they are aware of only two issued a final rule (February 2005 final final-stage manufacturers, to the extent testing facilities that provide dynamic rule) which enables more final stage that the vehicle is completed in testing, and each is only capable of manufacturers to take advantage of accordance with the conditions 21 testing 12 vehicles per month. ‘‘pass-through’’ certification by specified in the IVD. Second, NTEA stated that alternative requiring incomplete vehicle B. The Agency’s Authority to Exclude options to demonstrate compliance such manufacturers to assume certification Multi-Stage Vehicles From FMVSSs responsibility for the vehicle as further as pass-through certifications,18 test data In the February 2005 final rule, the manufactured or completed by a final- from component vendors, engineering agency reconsidered a previous position stage manufacturer, to the extent that analysis, computer modeling, and and concluded that it has authority to the vehicle is completed in accordance consortium dynamic testing, are not exclude multi-stage vehicles as a group with the Incomplete Vehicle Document available. from FMVSSs that are impracticable as (IVD) described below.19 Previously, they applied to these vehicles, or to Specifically, NTEA argued that pass- this requirement only applied to subject these vehicles to different through is not an available option chassis-cab manufacturers. The requirements. NHTSA concluded that it because the member manufacturers February 2005 final rule also created a is appropriate to consider multi-stage often complete the vehicle ‘‘outside the new process under which vehicles as a vehicle type subject to parameters’’ provided by the chassis manufacturers of vehicles built in two consideration in the establishment of a manufacturer. For example, the or more stages and alterers could obtain regulation. For a detailed discussion of temporary exemptions from certain installation of bulkheads or partitions this issue, see 70 FR 7014 at 7421. usually invalidates the chassis dynamic performance requirements. manufacturer’s compliance statement. Finally, as a part of that rulemaking, we C. New Temporary Exemption In many work vans, emergency vehicles, refined our analysis of the agency’s Procedures Available to Final Stage or police vehicles, bulkheads or dividers authority to establish different Manufacturers and Alterers are needed to ensure that objects or requirements for vehicles built in two or The February 2005 final rule people that must remain in the rear of more stages. The February 2005 final established new procedures available to the vehicle actually do so. Installation of rule becomes effective September 1, manufacturers of vehicles built in two these bulkheads, according to NTEA, is 2006. or more stages and alterers for obtaining likely to require relocation of target The agency is in the process of temporary exemptions from FMVSSs for areas originally certified by the considering a petition for which the agency specifies certain reconsideration of the February 2005 incomplete vehicle manufacturer, dynamic test procedures to determine final rule submitted by NTEA.20 We adding to the compliance burden of the compliance. The new procedures expect to issue our response shortly. NTEA member and frustrating the streamline the temporary exemption ability to take advantage of ‘‘pass A. ‘‘Pass-Through’’ Certification process by allowing an association or through’’ certification. Furthermore, Manufacturers of chassis-cabs are another party representing the interests NTEA asserts that the chassis currently required to place on the of multiple manufacturers to bundle manufacturer’s completion guidelines incomplete vehicle a certification label exemption petitions for a specific are too restrictive to allow for stating under what conditions the compliance. 21 The IVD details, with varying degrees of chassis-cab has been certified. This specificity, the types of future manufacturing Additionally, NTEA argued that other allows what is commonly referred to as contemplated by the incomplete vehicle compliance options are also unavailable ‘‘pass-through’’ certification. As long as manufacturer and must provide, for each applicable a subsequent manufacturer meets the safety standard, one of three statements that a to multi-stage manufacturers. NTEA subsequent manufacturer can rely on when stated that the chassis manufacturers do conditions of the chassis-cab certifying compliance of the vehicle, as finally not provide sufficient compliance certification, that manufacturer may rely manufactured, to some or all of all applicable on this certification and pass it through FMVSSs. First, the IVD may state, with respect to information to the multi-stage a particular safety standard, that the vehicle, when manufacturers and that the test data is when certifying the completed vehicle. However, the current certification completed, will conform to the standard if no not enough to certify compliance under alterations are made in identified components of regulations do not impose FMVSS No. 201 because validation the incomplete vehicle (this representation is most corresponding certification often made with respect to chassis-cabs, since a requires in-system testing. NTEA also responsibilities on manufacturers of significant portion of the occupant compartment is argued that engineering analysis and already complete). Second, the IVD may provide a incomplete vehicles other than chassis- statement for a particular standard or set of computer modeling are not possible cabs (e.g., incomplete vans, cut-away because they require previous dynamic standards of specific conditions of final chassis, stripped chassis and chassis- manufacture under which the completed vehicle test data that do not exist. Finally, cowls). will conform to the standard (this statement is NTEA stated that consortium testing is The February 2005 final rule extended applicable in those instances in which the not an option since the compliance tests incomplete vehicle manufacturer has provided all these certification responsibilities to all or a portion of the equipment needed to comply developed by NHTSA are so specific types of incomplete vehicles. More with the standard, but subsequent manufacturing that minor differences produce specifically, beginning September 1, might be expected to change the vehicle such that significantly different test results. 2006, all incomplete vehicle it may not comply with the standard once finally manufactured). Third, the IVD may identify those standards for which no representation of conformity 17 See Appendix A of the NTEA petition. 19 See 70 FR 7414, Docket No. 1999–5673–54. is made (for example, a manufacturer of a stripped 18 In a ‘‘pass through’’ of chassis manufacturer 20 See Docket No. NHTSA–1999–5673–55. See chassis may be unable to make any representations compliance, multi-stage manufacturers certify also comment concerning the NTEA petition for about conformity to any crashworthiness standards compliance by ‘‘passing through’’ the chassis reconsideration submitted by General Motors if the incomplete vehicle does not contain an manufacturer’s certification. (Docket No. NHTSA–1999–5673–56). occupant compartment).

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vehicle design, thus permitting a single impracticability of testing a multitude of A. Proposal To Limit the Occupant explanation of the potential safety unique vehicle configurations, or Compartment Area Subject to the FMH impact and good faith attempts to otherwise obtaining an appropriate basis Impact Requirements in Ambulances, comply with the standards. The new for certification, with the associated Motor Homes, and Other Vehicles exemption procedures specify that each financial hardships, may extend to FMH Manufactured in Two or More Stages, manufacturer seeking an exemption is impact requirements. Specifically, there and Altered Vehicles required to demonstrate financial is a considerable cost associated with In ambulances and motor homes, the hardship and good faith efforts to FMH impact tests and vehicles are current standard excludes the occupant comply with applicable requirements. usually damaged during testing. compartment area located more than Exemptions based on financial hardship 600 mm (24 inches) behind the seating are available to companies Finally, we expect the number of instances in which an exemption will be reference point of the driver’s seating manufacturing less than 10,000 vehicles position from the FMH impact per year, and any one exemption cannot needed to be very small because in order to petition for an exemption, the requirements. For all other vehicles, the apply to more than 2,500 vehicles per occupant compartment area located petitioner would have to show why year. more than 600 mm (24 inches) behind We note that, given the regulatory text FMH impact tests would cause the seating reference point of the specifying the new temporary substantial economic hardship. This rearmost designated seating position is exemption procedure, there is an issue showing must include detailed financial similarly excluded from the FMH whether that procedure is available for information and a complete description impact requirements. the head impact protection of the petitioner’s good faith efforts to For altered vehicles and vehicles requirements at issue in the NTEA and comply with the standards. Specifically, manufactured in two or more stages, RVIA petitions. That regulatory text the petitioner would have to explain the including motor homes and reads as follows: inadequacy of IVD documents furnished ambulances, we are proposing to limit * * *An alterer, intermediate or final-stage by one or more incomplete vehicle the area subject to the FMH impact manufacturer, or industry trade association manufacturers or by prior intermediate requirements to not more than 300 mm representing a group of alterers, intermediate manufacturers pursuant to 49 CFR part (12 inches) behind the seating reference and/or final-stage manufacturers may seek * * * a temporary exemption or a renewal of 568. The petitioner would also have to point of the driver’s seating position. a temporary exemption from any show why generic or cooperative testing This would have the effect of limiting performance requirement for which a Federal is impracticable. In addition, each the FMH impact requirements to the motor vehicle safety standard specifies the petitioner is required to explain under front seating positions for these use of a dynamic crash test procedure to § 555.13(c) why the requested temporary vehicles. We believe that the distance determine compliance. [Emphasis added] exemption would not unreasonably reduction to 300 mm (12 inches) is more The procedure for the head impact degrade safety. representative of the distance between protection requirements does not the seating reference point and the We are not proposing specific incorporate a full scale crash test except upper seat back/head restraint location regulatory text in this document. We as an option for vehicles equipped with where the occupant’s head is located. a dynamically deployable upper interior note that this issue is also before the Because of the front head restraint head protection system, which we do agency in the context of petitions for height requirements, we believe it is not believe is relevant to vehicles that reconsideration of the February 2005 unlikely that the head of a seated are subject of the RVIA and NTEA final rule establishing the new occupant would come in contact with FMVSS No. 201 petitions. Nevertheless, exemption procedures. We also note bulkheads, partitions, or overhead the upper interior requirements have a that depending on the agency’s decision cabinets and storage shelves located number of similarities to crash tests. For in that proceeding, this issue could further than 300 mm (12 inches) behind purposes of this rulemaking, we are become moot as to this rulemaking. the seating reference point of the driver’s seating position. However, we proposing to extend the scope of the IV. Response to the RVIA and NTEA new temporary exemption procedures are not granting the NTEA proposal to Petitions for Rulemaking such that multistage manufacturers limit the seat position for this exclusion would be able to petition NHTSA for an As discussed above, RVIA and NTEA to the foremost design H-point (rather exemption from FMH impact petitioned the agency to permanently than the seating reference point) since requirements. exclude certain altered vehicles and we believe that a large portion of the First, we observe that small volume vehicles manufactured in two or more seated driver’s head would not be multistage manufacturers are currently stages from all or a portion of the FMH provided head protection in the areas of able to petition the agency for temporary B-pillars and side rails between the A- impact requirements. We are granting exemptions from all FMVSSs, including pillar and the B-pillar. the petition in part, by proposing to FMH impact requirements, under the In developing this proposal, we have further limit the area that is subject to existing temporary exemption carefully considered both the safety procedures currently in effect. FMH impact requirements in benefits of the FMH requirements and Therefore, our proposal to expand the ambulances, motor homes, and practicability concerns relating to scope of the new temporary exemption extending this limitation to other multistage vehicles. Based on previous procedures to include consideration of vehicles manufactured in two or more estimates of the benefits of the FMVSS petitions related to FMH impact testing stages, as well as altered vehicles. We No. 201 final rule, and estimates from relates to the availability of the more are also proposing to exclude vehicles the National Automotive Sampling streamlined procedures rather than to delivered to a final stage manufacturer System, Crashworthiness Data System of the possibility of a manufacturer without an occupant compartment from the percent of injuries occurring to light obtaining an exemption, in appropriate the FMH impact requirements. We are truck occupants in multi-stage vehicles, circumstances, at all. denying all other parts of the petitions. the agency derived the following Second, we believe that, in limited estimate of safety benefits. Requiring all circumstances, the difficulty or multi-stage manufactured vehicles to

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meet FMVSS No. 201 would have requirements for the front seating vehicles built on a ‘‘stripped’’ chassis; annual benefits in the front seat of 16– positions. Under our proposal, final i.e., an incomplete vehicle without an 22 fewer fatalities and 19–22 fewer AIS stage manufacturers would ordinarily be occupant compartment. The 2–5 injuries. However, in the rear seats, able to take advantage of pass-through manufacturers of these vehicles would the benefits are estimated to be less than certification by not changing the upper not be able to rely on pass-through 1 fatality (which would round down to interior portions of the front of the certification. This is because these 0) and 1 AIS 2–5 injury. Thus, based on vehicle. vehicles are highly customized and this analysis, excluding multi-stage We believe the requirements are produced in quantities that would make vehicles from target points that could justified by safety. As indicated above, compliance prohibitively expensive. not be struck by the front row occupants we estimate that requiring all multi- Further, these vehicles are often would have a very small impact on stage manufactured vehicles to meet equipped with partitions and bulkheads safety. FMVSS No. 201 would have annual that present a further impediment to the Given the small safety benefits benefits in the front seat of 16–22 fewer compliance efforts. We note that for associated with the FMH impact fatalities and 19–22 fewer AIS 2–5 vehicles manufactured from stripped requirements for rear seating positions injuries. Given the safety significance of chassis, the cost of meeting the FMH and practicability concerns, we have these requirements, we believe, in impact requirements could be tentatively concluded that the FMH situations where final stage substantial because the alternative impact requirements should be limited manufacturers use incomplete vehicles means of compliance such as pass- to the front seating positions for these that have occupant compartments that through certification are not available. vehicles. either are designed to meet the FMH In the context of serving niche As indicated in its petition, many impact requirements for the front markets demanding specialized work commercial vehicles manufactured by seating positions or can be purchased in vehicles that are not delivered to the NTEA members feature bulkheads or a configuration that is designed to meet final stage manufacturers with an intact partitions located less than 600 mm (24 those requirements, it would be occupant compartment (unlike for inches) behind the rearmost designated inconsistent with the need for safety to example, chassis cabs and cut-away seating position. Bulkheads or partitions generally exclude the vehicles from vans), we believe that the physical are used in a variety of work vehicles these head impact protection limitations of these vehicles can that haul odd-shaped objects that cannot requirements. We also note that while adversely affect the ability of multi-stage be readily secured in the cargo area. final stage manufacturers will be able to manufacturers to design safety These structures protect the driver and submit petitions under subpart B of part performance into their completed passenger from loose or shifting or 555, it is unlikely in this type of vehicles. Accordingly, we believe it shifting cargo or work equipment. NTEA situation that the agency would find it appropriate to exclude this narrow argued that the installation of bulkheads in the public interest to exclude final group of vehicles from FMH impact or partitions would likely require stage manufacturers from the front seat testing. relocation of target areas originally head impact protection requirements of C. Question Regarding Multistage certified by the incomplete vehicle FMVSS No. 201 to facilitate Vehicles With Raised Roofs manufacturer, thus significantly adding customization of the upper interior to the compliance burden. portions of the front of the vehicle. Certain multistage vehicles are As discussed above, RVIA argued that Our proposal would, however, manufactured with raised roofs. The most CVs and motor homes feature facilitate customization of the rear of final-stage manufacturer cuts out a unique interior designs. Specifically, vehicles, including conversion vans, portion of the original roof and attaches these vehicles include overhead where there would be no significant a raised roof, typically made of cabinets, side valances, raised roof impact on safety. Moreover, we fiberglass that may also have metal structures, and other unusual interior continue to believe that final stage inserts imbedded for strength. The components. Among other things, RVIA manufacturers can use cooperative manufacturers of these vehicles may not stated that cooperative testing, testing to determine the types of be able to take advantage of pass suggested by NHTSA as a way to lessen changes that can be made while through certification because raising the compliance costs associated with FMH enabling vehicles to continue to comply roof affects the location of certain targets requirements, is not practicable because with the FMH requirements, including subject to FMH impact testing. The each RVIA member manufactures ones related to use of overhead cabinets, raised roof has a different shape than unique vehicles, each substantially raised roof structures, and so forth. the van portion of an incomplete different from its competitors. RVIA Thus, while customization of the front vehicle. Therefore, the reference points argued that cooperative testing would portion of occupant compartments will located on the exterior, i.e., APR and eliminate interior customization, which be more difficult and may be more BPR, will probably not be the same and would in turn result in a loss of market limited, it will by no means be the FMH targets inside the vehicle may for CVs and motor homes. eliminated. be in different locations from those that We believe our proposal to effectively the incomplete vehicle manufacturer limit the FMH impact requirements to B. Proposal To Exclude Vehicles stated could be certified as pass the front seating positions for these Manufactured in Two or More Stages, through. In addition, the portion of the vehicles would provide appropriate Other Than Motor Homes, Chassis Cabs, roof over the front seating area would be relief to the industries represented by Cutaway Vans, and Other Incomplete affected when the final-stage NTEA and RVIA, while continuing to Vehicles With a Furnished Front manufacturer installs a headliner and/or meet the need for safety. As discussed Compartment, From FMH Impact padding in a vehicle with a raised roof above, the benefits related to rear Requirements or a non-raised roof. seating positions are very small. We tentatively conclude that a narrow We believe that the original targets in We note that NTEA and RVIA group of multi-stage vehicles contains raised roof vehicles, e.g., those along the members can ordinarily purchase physical attributes that make pillars and side rails, may be as incomplete vehicles that are already compliance with the FMH impact appropriate for safety as the targets that designed to meet the FMH impact requirements impracticable. These are would be calculated for the new

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configuration. We are therefore test cost estimates provided by RVIA issue has not changed substantially. considering permitting manufacturers to were not averaged over the years of Previously, the NTEA requested that meet requirements for either the target vehicle production. Instead, the costs police cars be excluded since these cars locations as calculated for the original were reflective of only the first have special equipment, including gun configuration or changed configuration. production year. RVIA did not provide racks and spotlight control mounted on This would also make compliance easier the actual production cycles for its the upper roof interior, and a bulkhead for final stage manufacturers. We are various vehicles, so its cost estimates behind the front seats. However, the asking for comment on this approach to were based on a one-year production agency believes that interior targets in vehicles with raised roofs. cycle. Typically, when vehicle components, such as gun racks and compliance costs are amortized over the D. Additional Relief Is Not Warranted spotlight controls do not necessarily vehicle production years, the costs are have to be mounted on the vehicle roof After carefully considering RVIA’s a lot smaller, as evidenced by the interior surface in the vicinity of the and NTEA’s petitions, we have decided rulemaking involving small school driver’s head, and can alternatively be not to propose a broader exclusion from buses where the estimated compliance accommodated with padding. the FMH requirements for front seat cost per multi-stage vehicle was less Furthermore, we are aware that there are areas of conversion vans, motor homes, than $1,000 in 1993 economics.22 available equipment packages (such as ambulances, fire fighting, rescue, NTEA estimated that compliance with remote-controlled spotlights and A- emergency, law enforcement, and the FMH requirements would cost its pillar mounted spotlights below the AP3 altered vehicles. As explained above, we industry a minimum of $160 million target location) that would facilitate believe that the head impact protection and 64 years to comply. However, this compliance with the FMH requirements. requirements provide important safety was based on the availability of two test benefits in front seating positions of laboratories that conducted FMH testing VII. Effective Date vehicles manufactured in two or more in 2001 and no pass-through We are proposing to delay the stages, and our proposal would provide certification was applied. We believe effective date of the FMH impact appropriate relief to the industries that laboratory experience has improved requirements as they apply to final stage represented by NTEA and RVIA, while greatly since that time, and the manufacturers and alterers from continuing to meet the need for safety. exclusions that we are proposing in this September 1, 2006 until September 1, RVIA and NTEA did not provide any notice will have a large impact on 2008. convincing reasons why occupants of its reducing the actual compliance costs. members’ vehicles would not benefit RVIA and NTEA did not provide any VIII. Submission of Comments from the same level of protection as convincing reasons why it is not A. How Do I Prepare and Submit required for other vehicles. Conversion generally practicable for these vehicles Comments? vans, light duty motor homes, and other to comply. With respect to conversion altered vehicles are typically driven by vans and motor homes, the agency Your comments must be written and regular passenger vehicle drivers who believes that there are alternative in English. To ensure that your require the same type of occupant locations for the installation of comments are filed correctly in the protection as other passenger vehicle hardwood cabinetry, and audio/video Docket, please include the docket drivers. Furthermore, the petitioners did entertainment systems (other than number of this document in your not explain why the occupants of mounted over the heads of front seat comments. ambulances, fire fighting, rescue, occupants). There are also other more Your comments must not be more emergency, and law enforcement compliant materials than hardwood that than 15 pages long.24 NHTSA vehicles that may additionally travel at could be utilized by conversion van and established this limit to encourage you high rates of speed through motor home customization specialists. to write your primary comments in a unconventional traffic paths would not As to fire fighting and rescue vehicles concise fashion. However, you may benefit from countermeasures designed (with a gross vehicle weight rating of attach necessary additional documents to reduce head impacts in the event of 4,536 kg or less), these vehicles are to your comments. There is no limit on a collision. basically multi-stage work vehicles the length of the attachments. We note that the petitioners are also furnished with special equipment and Please submit two copies of your able to purchase incomplete vehicles tools designed exclusively for the comments, including the attachments, that are already designed to meet the purpose of rescuing people in to Docket Management at the address FMH impact requirements for the front emergency situations. We are proposing given above under ADDRESSES. You may seating positions. Under our proposal, to exclude the rear compartment area of also submit your comments to the the rear portions of multi-stage and these vehicles from FMH target docket electronically by logging onto the altered vehicles, where the majority of requirements, as we are for other Docket Management System (DMS) Web vehicle customization is performed, multistage. We do not believe there is site at http://dms.dot.gov. Click on would be excluded from the FMH any reason to treat the front occupant ‘‘Help & Information’’ or ‘‘Help/Info’’ to requirements. Furthermore, final stage compartment of these vehicles obtain instructions for filing your manufacturers would ordinarily be able differently from other multistage comments electronically. Please note, if to take advantage of pass-through vehicles (such as utility company you are submitting comments certification by not changing the upper trucks, contractor vehicles, snow electronically as a PDF (Adobe) file, we interior portions of the front of the removal vehicles, etc). Thus, we believe ask that the documents submitted be vehicle. Accordingly, compliance costs that no additional relief is necessary. scanned using Optical Character and test burdens, (i.e., the petitioners’ The agency has also previously Recognition (OCR) process, thus main concerns), would be substantially considered and denied the exclusion of allowing the agency to search and copy reduced when certifying these vehicles. police cars from the FMH certain portions of your submissions.25 We further believe that the requirements.23 Our position on that compliance costs provided by the RVIA 24 49 CFR 553.21. and NTEA in their petition were 22 See 62 FR 16718, April 8, 1997. 25 Optical character recognition (OCR) is the overstated. For example, the compliance 23 See id. process of converting an image of text, such as a

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How Can I Be Sure That My Comments 2. On that page, click on ‘‘search.’’ Further, if adopted, this proposal would Were Received? 3. On the next page http:// limit certain existing requirements as If you wish Docket Management to dms.dot.gov/search, type in the four- they apply to multistage vehicles, and notify you upon its receipt of your digit docket number shown at the exclude a narrow group of multi-stage comments, enclose a self-addressed, beginning of this document. Example: If vehicles manufactured from chassis stamped postcard in the envelope the docket number were ‘‘NHTSA– without occupant compartments from containing your comments. Upon 1998–1234,’’ you would type ‘‘1234.’’ the same requirements. The agency receiving your comments, Docket After typing the docket number, click on believes that this impact is so minimal Management will return the postcard by ‘‘search.’’ as to not warrant the preparation of a mail. 4. On the next page, which contains full regulatory evaluation. docket summary information for the B. Regulatory Flexibility Act How Do I Submit Confidential Business docket you selected, click on the desired Information? comments. You may download the The Regulatory Flexibility Act of 1980 If you wish to submit any information comments. Although the comments are (5 U.S.C. 601 et seq.) requires agencies under a claim of confidentiality, you imaged documents, instead of word to evaluate the potential effects of their should submit three copies of your processing documents, the ‘‘pdf’’ proposed rules on small businesses, complete submission, including the versions of the documents are word small organizations and small information you claim to be confidential searchable. governmental jurisdictions. I have business information, to the Chief Please note that even after the considered the possible effects of this Counsel, NHTSA, at the address given comment closing date, NHTSA will rulemaking action under the Regulatory above under FOR FURTHER INFORMATION continue to file relevant information in Flexibility Act and certify that it would CONTACT. In addition, you should the Docket as it becomes available. not have a significant economic impact submit two copies, from which you Further, some people may submit late on a substantial number of small have deleted the claimed confidential comments. Accordingly, the agency entities. business information, to Docket recommends that you periodically Under 13 CFR 121.201, the Small Management at the address given above check the Docket for new material. Business Administration (SBA) defines small business (for the purposes of under ADDRESSES. When you send a VIII. Regulatory Analyses and Notices comment containing information receiving SBA assistance) as a business claimed to be confidential business A. Executive Order 12866 and DOT with less than 750 employees. Most of information, you should include a cover Regulatory Policies and Procedures the manufacturers of recreation vehicles, conversion vans, and letter setting forth the information Executive Order 12866, ‘‘Regulatory specified in NHTSA’s confidential specialized work trucks are small Planning and Review’’ (58 FR 51735, businesses that alter completed vehicles business information regulation (49 CFR October 4, 1993), provides for making part 512). or manufacture vehicles in two or more determinations whether a regulatory stages. While the number of these small Will the Agency Consider Late action is ‘‘significant’’ and therefore businesses potentially affected by this Comments? subject to Office of Management and proposal is substantial, the economic Budget (OMB) review and to the NHTSA will consider all comments impact upon these entities will not be requirements of the Executive Order. that Docket Management receives before significant because this document The Order defines a ‘‘significant the close of business on the comment proposes to limit certain existing regulatory action’’ as one that is likely closing date indicated above under requirements as they apply to multistage to result in a rule that may: DATES. To the extent possible, the vehicles, and exclude a narrow group of (1) Have an annual effect on the agency will also consider comments that multi-stage vehicles manufactured from economy of $100 million or more or Docket Management receives after that chassis without occupant compartments adversely affect in a material way the date. If Docket Management receives a from the same requirements. For other economy, a sector of the economy, comment too late for the agency to multistage manufacturers, recent agency productivity, competition, jobs, the consider it in developing a final rule action described above will enable the environment, public health or safety, or (assuming that one is issued), the manufacturers to more fully utilize pass- State, local, or Tribal governments or agency will consider that comment as through certification. communities; an informal suggestion for future (2) Create a serious inconsistency or C. National Environmental Policy Act rulemaking action. otherwise interfere with an action taken NHTSA has analyzed this proposal for How Can I Read the Comments or planned by another agency; the purposes of the National Submitted by Other People? (3) Materially alter the budgetary Environmental Policy Act. The agency You may read the comments received impact of entitlements, grants, user fees, has determined that implementation of by Docket Management at the address or loan programs or the rights and this action would not have any given above under ADDRESSES. The obligations of recipients thereof; or significant impact on the quality of the hours of the Docket are indicated above (4) Raise novel legal or policy issues human environment. Accordingly, no in the same location. arising out of legal mandates, the environmental assessment is required. President’s priorities, or the principles You may also see the comments on D. Executive Order 13132 (Federalism) the Internet. To read the comments on set forth in the Executive Order. the Internet, take the following steps: This proposal was not reviewed under The agency has analyzed this 1. Go to the Docket Management Executive Order 12866. It is not rulemaking in accordance with the System (DMS) Web page of the significant within the meaning of the principles and criteria contained in Department of Transportation http:// DOT Regulatory Policies and Executive Order 13132 and has dms.dot.gov. Procedures. If adopted, it would not determined that it does not have impose any new burdens on sufficient federal implications to scanned paper document or electronic fax file, into manufacturers of vehicles built in two warrant consultation with State and computer-editable text. or more stages or vehicles alterers. local officials or the preparation of a

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federalism summary impact statement. G. Paperwork Reduction Act PART 571—[AMENDED] The proposal would not have any There are no information collection 1. The authority citation of part 571 substantial impact on the States, or on requirements in this proposal. the current Federal-State relationship, would continue to read as follows: H. Regulation Identifier Number (RIN) or on the current distribution of power Authority: 49 U.S.C. 322, 2011, 30115, and responsibilities among the various The Department of Transportation 30166 and 30117; delegation of authority at local officials. assigns a regulation identifier number 49 CFR 1.50. E. Unfunded Mandates Act (RIN) to each regulatory action listed in the Unified Agenda of Federal 2. Section 571.201 would be amended The Unfunded Mandates Reform Act Regulations. The Regulatory Information by revising S6.1.4, S6.3(b) and S6.3(c) to of 1995 requires agencies to prepare a Service Center publishes the Unified read as set forth below: written assessment of the costs, benefits Agenda in April and October of each § 571.201 Standard No. 201; Occupant and other effects of proposed or final year. You may use the RIN contained in protection in interior impact. rules that include a Federal mandate the heading at the beginning of this * * * * * likely to result in the expenditure by document to find this action in the State, local or tribal governments, in the Unified Agenda. S6.1.4 Phase-in Schedule #4 A final stage manufacturer or alterer may, aggregate, or by the private sector, of I. Plain Language more than $100 million annually at its option, comply with the ($120.7 million as adjusted annually for Executive Order 12866 requires each requirements set forth in S6.1.4.1 and inflation with base year of 1995). The agency to write all rules in plain S6.1.4.2. assessment may be combined with other language. Application of the principles S6.1.4.1 Vehicles manufactured on assessments, as it is here. of plain language includes consideration or after September 1, 1998 and before of the following questions: This proposal is not likely to result in • September 1, 2008 are not required to expenditures by State, local or tribal Have we organized the material to comply with the requirements specified governments or automobile suit the public’s needs? in S7. • Are the requirements in the rule manufacturers and/or their suppliers of S6.1.4.2 Vehicles manufactured on more than $120.7 million annually. If clearly stated? • Does the rule contain technical or after September 1, 2008 shall comply adopted, it would not impose any new with the requirements specified in S7. burdens on manufacturers of vehicles language or jargon that isn’t clear? built in two or more stages or vehicles • Would a different format (grouping * * * * * alterers. Further, if adopted, this and order of sections, use of headings, S6.3 * * * proposal would limit certain existing paragraphing) make the rule easier to (b) Any target located rearward of a requirements as they apply to multistage understand? • vertical plane 600 mm behind the vehicles, and exclude a narrow group of Would more (but shorter) sections seating reference point of the rearmost multi-stage vehicles manufactured from be better? designated seating position. For altered • chassis without occupant compartments Could we improve clarity by adding vehicles and vehicles built in two or from the same requirements. tables, lists, or diagrams? more stages, including ambulances and • What else could we do to make the motor homes, any target located F. Executive Order 12988 (Civil Justice rule easier to understand? Reform) rearward of a vertical plane 300 mm If you have any responses to these behind the seating reference point of the Pursuant to Executive Order 12988, questions, please include them in your driver’s designated seating position. 26 comments on this proposal. ‘‘Civil Justice Reform’’, the agency has (c) Any target in a walk-in van-type considered whether this proposed rule J. Privacy Act vehicle or a vehicle manufactured in would have any retroactive effect. We two or more stages that is delivered to conclude that it would not have such an Anyone is able to search the a final stage manufacturer without an effect. Under 49 U.S.C. 30103, whenever electronic form of all comments occupant compartment. a Federal motor vehicle safety standard received into any of our dockets by the is in effect, a State may not adopt or name of the individual submitting the Note: Motor homes, ambulances, and other maintain a safety standard applicable to comment (or signing the comment, if vehicles manufactured using a chassis cab, a the same aspect of performance which submitted on behalf of an association, cut-away van, or any other incomplete is not identical to the Federal standard, business, labor union, etc.). You may vehicle delivered to a final stage review DOT’s complete Privacy Act except to the extent that the State manufacturer with a furnished front Statement in the Federal Register requirement imposes a higher level of compartment are not excluded under this published on April 11, 2000 (Volume performance and applies only to paragraph. 65, Number 70; Pages 19477–78) or you vehicles procured for the State’s use. 49 may visit http://dms.dot.gov. * * * * * U.S.C. 30161 sets forth a procedure for judicial review of final rules IX. Proposed Regulatory Text Issued on April 18, 2006. Ronald L. Medford, establishing, amending, or revoking List of Subjects in 49 CFR Part 571 Federal motor vehicle safety standards. Senior Associate Administrator for Vehicle That section does not require Motor vehicle safety, Reporting and Safety. submission of a petition for recordkeeping requirements, Tires. [FR Doc. E6–6024 Filed 4–21–06; 8:45 am] reconsideration or other administrative In consideration of the foregoing, BILLING CODE 4910–59–P proceedings before parties may file a NHTSA proposes to amend chapter V of suit in court. title 49 of the Code of Federal Regulations by amending 49 CFR 26 See 61 FR 4729, February 7, 1996. 571.201 to read as follows:

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DEPARTMENT OF COMMERCE proposed rule would require any DEPARTMENT OF COMMERCE offshore pound net set in Pound Net National Oceanic and Atmospheric Regulated Area I in the Virginia waters National Oceanic and Atmospheric Administration of the Chesapeake Bay to use a modified Administration pound net leader from May 6 to July 15 50 CFR PART 223 each year. This action, taken under the 50 CFR Part 229 Endangered Species Act of 1973 (ESA), [I.D. 041706C] [Docket No. 060330090–6090–01, I.D. responds to new information generated 021506B] RIN 0648–AU10 by gear research and aims to conserve sea turtles listed as threatened or Sea Turtle Conservation; Public RIN 0648–AU19 Hearing Notification endangered. Additional information on the justification for this action can be List of Fisheries for 2006 AGENCY: National Marine Fisheries found in that proposed rule. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and NMFS recognizes the need and Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), importance to obtain public comment Atmospheric Administration (NOAA), Commerce. on the proposed action. In addition to Department of Commerce. ACTION: Notice of public hearing. the April 26 meeting announced in this ACTION: Proposed rule. document, NMFS is accepting written SUMMARY: The National Marine comments on the proposed action. SUMMARY: The National Marine Fisheries Service (NMFS) is announcing Fisheries Service (NMFS) is publishing its intent to hold a public hearing to Written comments on the proposed rule or requests for copies of the literature the proposed List of Fisheries (LOF) for inform interested parties of the 2006, as required by the Marine proposed modifications to Federal cited, the draft Environmental Assessment, or Regulatory Impact Mammal Protection Act (MMPA). The regulations affecting pound net leaders proposed LOF for 2006 reflects new in the Virginia Chesapeake Bay and to Review and Initial Regulatory Flexibility Analysis should be information on interactions between accept public comments on this action. commercial fisheries and marine addressed to the Assistant Regional DATES: NMFS will hold a public hearing mammals. NMFS must categorize each Administrator for Protected Resources, at the Double Tree Hotel Virginia Beach, commercial fishery on the LOF into one on Wednesday, April 26, 2006, at 7 NMFS, One Blackburn Drive, of three categories under the MMPA p.m., eastern daylight time. Gloucester, MA 01930. Comments and based upon the level of serious injury ADDRESSES: The Double Tree Hotel requests for supporting documents may and mortality of marine mammals that Virginia Beach is located at 1900 be sent via fax to 978–281–9394. occurs incidental to each fishery. The Pavilion Drive, Virginia Beach, VA Comments will be accepted via email at categorization of a fishery in the LOF 23451 (ph..757–422–8900). [email protected] and determines whether participants in that Written comments on this action may via the Federal eRulemaking Portal: fishery are subject to certain provisions be submitted on this proposed rule, http://www.regulations.gov. Follow the of the MMPA, such as registration, identified by RIN 0648–AU10, by any instruction on the website for observer coverage, and take reduction one of the following methods: submitting comments. The public plan requirements. (1) E-mail: comment period closes at 5 p.m., DATES: Comments must be received by [email protected]. Please eastern daylight time, on May 1, 2006. May 24, 2006. include the RIN 0648–AU10 in the In preparing the final rule for this ADDRESSES: Send comments to Chief, subject line of the message. action, NMFS will fully consider the Marine Mammal Conservation Division, (2) Federal eRulemaking Portal: public comments received during the Attn: List of Fisheries, Office of http://www.regulations.gov. Follow the 15–day comment period (either in Protected Resources, NMFS, 1315 East- instruction on the website for writing or verbally during the public West Highway, Silver Spring, MD submitting comments. hearing). 20910. Comments may also be sent via (3) NMFS/Northeast Region Website: email to [email protected] http://www.nero.noaa.gov/nero/regs/ Special Accommodations or to the Federal eRulemaking portal: com.html. Follow the instructions on This meeting is accessible to people http://www.regulations.gov (follow the website for submitting comments. instructions for submitting comments). with disabilities. Requests for sign (4) Mail: Mary Colligan, Assistant Comments regarding the burden-hour language interpretation or other Regional Administrator for Protected estimates, or any other aspect of the auxiliary aids should be directed to Resources, NMFS, Northeast Region, collection of information requirements One Blackburn Drive, Gloucester, MA Pasquale Scida, telephone 978–281– contained in this proposed rule, should 01930, ATTN: Sea Turtle Conservation 3928 x9208, fax 978–281–9394, at least be submitted in writing to the Chief, Measures, Proposed Rule five days before the scheduled meeting Marine Mammal Conservation Division, (5) Facsimile (fax): 978–281–9394, date. Office of Protected Resources, NMFS, ATTN: Sea Turtle Conservation Authority: 16 U.S.C. 1531 et seq. 1315 East-West Highway, Silver Spring, Measures, Proposed Rule MD 20910 and to David Rostker, OMB, Dated: April 19, 2006. FOR FURTHER INFORMATION CONTACT: by e-mail at Pasquale Scida (ph. 978–281–9208), James H. Lecky, [email protected] or by fax NMFS, One Blackburn Drive, Director, Office Protected Resources, National to 202–395–7285. Gloucester, MA 01930. Marine Fisheries Service. See SUPPLEMENTARY INFORMATION for a SUPPLEMENTARY INFORMATION: A [FR Doc. E6–6106 Filed 4–21–06; 8:45 am] list of regional offices where registration proposed rule was issued on April 17, BILLING CODE 3510–22–S information, materials, and marine 2006 (73 FR 19675), which proposes mammal reporting forms may be revisions to current regulations. The obtained.

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FOR FURTHER INFORMATION CONTACT: the implementing regulations for section Category II for another marine mammal Kristy Long, Office of Protected 118 of the MMPA (50 CFR 229.2). The stock will be listed under Category II). Resources, 301–713–1401; David criteria are also summarized here. Other Criteria That May Be Considered Gouveia, Northeast Region, 978–281– Fishery Classification Criteria 9328; Juan Levesque, Southeast Region, In the absence of reliable information 727–570–5312; Cathy Campbell, The fishery classification criteria indicating the frequency of incidental Southwest Region, 562–980–4060; Brent consist of a two-tiered, stock-specific mortality and serious injury of marine Norberg, Northwest Region, 206–526– approach that first addresses the total mammals by a commercial fishery, 6733; Bridget Mansfield, Alaska Region, impact of all fisheries on each marine NMFS will determine whether the 907–586–7642; Lisa Van Atta, Pacific mammal stock, and then addresses the incidental serious injury or mortality Islands Region, 808–973–2937. impact of individual fisheries on each qualifies for Category II by evaluating Individuals who use a stock. This approach is based on other factors such as fishing techniques, telecommunications device for the consideration of the rate, in numbers of gear used, methods used to deter marine hearing impaired may call the Federal animals per year, of incidental mammals, target species, seasons and Information Relay Service at 1–800– mortalities and serious injuries of areas fished, qualitative data from 877–8339 between 8 a.m. and 4 p.m. marine mammals due to commercial logbooks or fisher reports, stranding Eastern time, Monday through Friday, fishing operations relative to the data, and the species and distribution of excluding Federal holidays. Potential Biological Removal (PBR) level marine mammals in the area, or at the for each marine mammal stock. The SUPPLEMENTARY INFORMATION: discretion of the Assistant MMPA (16 U.S.C. 1362 (20)) defines the Administrator for Fisheries (50 CFR Regional Offices PBR level as the maximum number of 229.2). NMFS, Northeast Region, One animals, not including natural mortalities, that may be removed from a How Do I Find Out if a Specific Fishery Blackburn Drive, Gloucester, MA is in Category I, II, or III? 01930–2298, Attn: Marcia Hobbs; marine mammal stock while allowing NMFS, Southeast Region, 263 13th that stock to reach or maintain its This proposed rule includes two Avenue South, St. Petersburg, FL 33701, optimum sustainable population. This tables that list all U.S. commercial Attn: Teletha Mincey; definition can also be found in the fisheries by LOF Category. Table 1 lists NMFS, Southwest Region, Sustainable implementing regulations for section all of the fisheries in the Pacific Ocean Fisheries Division, 501 W. Ocean Blvd., 118 at 50 CFR 229.2 (including Alaska). Table 2 lists all of Suite 4200, Long Beach, CA 90802– Tier 1: If the total annual mortality the fisheries in the Atlantic Ocean, Gulf 4213, Attn: Lyle Enriquez; and serious injury across all fisheries of Mexico, and Caribbean. NMFS, Northwest Region, 7600 Sand that interact with a stock is less than or Am I Required to Register Under the Point Way NE, Seattle, WA 98115, Attn: equal to 10 percent of the PBR level of MMPA? Permits Office; the stock, all fisheries interacting with NMFS, Alaska Region, Protected the stock would be placed in Category Owners of vessels or gear engaging in Resources, P.O. Box 22668, 709 West 9th III. Otherwise, these fisheries are subject a Category I or II fishery are required Street, Juneau, AK 99802; or to the next tier (Tier 2) of analysis to under the MMPA (16 U.S.C. 1387(c)(2)), NMFS, Pacific Islands Region, determine their classification. as described in 50 CFR 229.4, to register Protected Resources Division, 1601 Tier 2, Category I: Annual mortality with NMFS and obtain a marine Kapiolani Boulevard, Suite 1110, and serious injury of a stock in a given mammal authorization from NMFS in Honolulu, HI 96814–4700. fishery is greater than or equal to 50 order to lawfully incidentally take a percent of the PBR level. marine mammal in a commercial What is the List of Fisheries? Tier 2, Category II: Annual mortality fishery. Owners of vessels or gear Section 118 of the MMPA requires and serious injury of a stock in a given engaged in a Category III fishery are not that NMFS place all U.S. commercial fishery is greater than 1 percent and less required to register with NMFS or fisheries into one of three categories than 50 percent of the PBR level. obtain a marine mammal authorization. based on the level of incidental serious Tier 2, Category III: Annual mortality injury and mortality of marine mammals and serious injury of a stock in a given How Do I Register? that occurs in each fishery (16 U.S.C. fishery is less than or equal to 1 percent Fishers must register with the Marine 1387 (c)(1)). The categorization of a of the PBR level. Mammal Authorization Program fishery in the LOF determines whether While Tier 1 considers the cumulative (MMAP) by contacting the relevant participants in that fishery may be fishery mortality and serious injury for NMFS Regional Office (see ADDRESSES) required to comply with certain a particular stock, Tier 2 considers unless they participate in a fishery that provisions of the MMPA, such as fishery-specific mortality and serious has an integrated registration program registration, observer coverage, and take injury for a particular stock. Additional (described below). Upon receipt of a reduction plan requirements. NMFS details regarding how the categories completed registration, NMFS will issue must reexamine the LOF annually, were determined are provided in the vessel or gear owners physical evidence consider new information in the Stock preamble to the final rule implementing of a current and valid registration that Assessment Reports, other relevant section 118 of the MMPA (60 FR 45086, must be displayed or in the possession sources, and the LOF, and publish in August 30, 1995). of the master of each vessel while the Federal Register any necessary Since fisheries are categorized on a fishing in accordance with section 118 changes to the LOF after notice and per-stock basis, a fishery may qualify as of the MMPA (16 U.S.C. 1387(c)(3)(A)). opportunity for public comment (16 one Category for one marine mammal What is the Process for Registering in U.S.C. 1387 (c)(3)). stock and another Category for a different marine mammal stock. A an Integrated Fishery? How Does NMFS Determine in which fishery is typically categorized on the For some fisheries, NMFS has Category a Fishery is Placed? LOF at its highest level of classification integrated the MMPA registration The definitions for the fishery (e.g., a fishery that qualifies for Category process with existing state and Federal classification criteria can be found in III for one marine mammal stock and for fishery license, registration, or permit

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systems and related programs. the case of non-vessel fisheries), final SARs for 2001 (67 FR 10671, Participants in these fisheries are participating in a Category I, II, or III March 8, 2002), the final SARs for 2002 automatically registered under the fishery must report all incidental (68 FR 17920, April 14, 2003), the final MMPA and are not required to submit injuries or mortalities of marine SARs for 2003 (69 FR 54262, September registration or renewal materials or pay mammals that occur during commercial 8, 2004), the final SARs for 2004 (70 FR the $25 registration fee. The following is fishing operations to NMFS. ‘‘Injury’’ is 35397, June 20, 2005), and the draft a list of integrated fisheries and a defined in 50 CFR 229.2 as a wound or SARs for 2005 (70 FR 37091, June 28, summary of the integration process for other physical harm. In addition, any 2005). each Region. Fishers who operate in an animal that ingests fishing gear or any Summary of Changes to the Proposed integrated fishery and have not received animal that is released with fishing gear LOF for 2006 registration materials should contact entangling, trailing, or perforating any their NMFS Regional Office (see part of the body is considered injured, The following summarizes changes in ADDRESSES). regardless of the absence of any wound fishery classification including fisheries or other evidence of an injury, and must listed on the LOF, the number of Which Fisheries Have Integrated be reported. Instructions on how to participants in a particular fishery, and Registration Programs? submit reports can be found in 50 CFR the species and/or stocks that are The following fisheries have 229.6. incidentally killed or seriously injured integrated registration programs under in a particular fishery that are proposed the MMPA: Am I Required to Take an Observer for the 2006 LOF. The placement and 1. All Alaska Category II fisheries; Aboard My Vessel? definitions of U.S. commercial fisheries 2. All Washington and Oregon Fishers participating in a Category I or proposed for 2006 are identical to those Category II fisheries; II fishery are required to accommodate provided in the LOF for 2005 with the 3. Northeast Regional fisheries for an observer aboard vessel(s) upon exceptions provided below. which a state or Federal permit is request. Observer requirements can be Commercial Fisheries in the Pacific required. Individuals fishing in fisheries found in 50 CFR 229.7. Ocean: Fishery Classification for which no state or Federal permit is required must register with NMFS by Am I Required to Comply With Any NMFS proposes to reclassify the AK contacting the Northeast Regional Office Take Reduction Plan Regulations? Bering Sea and Aleutian Islands (see ADDRESSES); and Fishers participating in a Category I or Greenland turbot longline fishery from 4. Southeast Regional fisheries for II fishery are required to comply with Category II to Category III. The 2005 which a state or Federal permit is any applicable take reduction plans. LOF reclassified this fishery based on a required. Southeast Regional fisheries mortality of a killer whale (stock Sources of Information Reviewed for include all North Carolina, South unknown) that occurred in 1999. This the Proposed 2006 LOF Carolina, Georgia, Florida, Alabama, observed mortality extrapolated to an Mississippi, Louisiana, Texas, and NMFS reviewed the marine mammal estimated mortality level of 3 animals in Puerto Rico fisheries. Individuals incidental serious injury and mortality 1999, and a 5–year average of 0.6 killer fishing in fisheries for which no state or information presented in the Stock whales per year for 1999–2003. In 2004, Federal permit is required, must register Assessment Reports (SARs) for all there were no serious injuries or with NMFS by contacting the Southeast observed fisheries to determine whether mortalities of this species in the Regional Office (see ADDRESSES). changes in fishery classification were Greenland turbot longline fishery. When 5. The Hawaii Swordfish, Tuna, warranted. NMFS’ SARs are based on possible, fishery classifications are Billfish, Mahi Mahi, Wahoo, Oceanic the best scientific information available based on the most recent 5 years of data Sharks Longline/Set line Fishery. at the time of preparation for the for a commercial fishery. Thus for the information presented in the SARs, years 2000–2004, the 5–year average How Do I Renew My Registration including the level of serious injury and level of serious injury and mortality of Under the MMPA? mortality of marine mammals that killer whales incidental to this fishery is Regional Offices, except for the occurs incidental to commercial zero. This fishery is regularly observed Northeast and Southeast Regions, fisheries and the PBR levels of marine by the Alaska Fisheries Science Center annually send renewal packets to mammal stocks. NMFS also reviewed North Pacific Groundfish Observer participants in Category I or II fisheries other sources of new information, Program and NMFS expects that future that have previously registered; including marine mammal stranding serious injuries and mortalities of killer however, it is the responsibility of the data, observer program data, fisher self- whales would be detected by the fisher to ensure that registration or reports, and other information that is program. Therefore, NMFS proposes to renewal forms are completed and not included in the SARs. reclassify this fishery from Category II to submitted to NMFS at least 30 days in The information contained in the Category III. advance of fishing. Individuals who SARs is reviewed by regional scientific NMFS proposes to reclassify the CA have not received a renewal packet by review groups (SRGs) representing sardine purse seine fishery from January 1 or are registering for the first Alaska, the Pacific (including Hawaii), Category III to Category II. This fishery time should request a registration form and the U.S. Atlantic, Gulf of Mexico, includes all vessels using purse seine from the appropriate Regional Office and Caribbean. The SRGs were created gear to target sardine off of the coast of (see ADDRESSES). by the MMPA to review the science that California. Most fishing occurs off of informs the SARs, and to advise NMFS southern California, and occurs year- Am I Required to Submit Reports When on population status and trends, stock round. Fishing within 3 nautical miles I Injure or Kill a Marine Mammal structure, uncertainties in the science, of shore is prohibited by state law. During the Course of Commercial research needs, and other issues. NMFS began placing observers onboard Fishing Operations? The proposed LOF for 2006 was CA sardine purse seine vessels in 2004 In accordance with the MMPA (16 based, among other things, on to collect information regarding the U.S.C. 1387(e)) and 50 CFR 229.6, any information provided in the final SARs fishery’s potential to interact with vessel owner or operator, or fisher (in for 1996 (63 FR 60, January 2, 1998), the marine mammals. Observers have

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documented entanglements of California injuries or mortalities incidental to this NMFS proposes to modify the name sea lions in this fishery. In addition, this fishery. of the ‘‘HI other fishery’’ to the ‘‘HI fishery uses similar gear and fishing NMFS proposes to add the ‘‘CA charter vessel fishery’’. techniques to other Category II purse marine shellfish aquaculture fishery’’ to Number of Vessels/Persons seine fisheries (e.g., CA anchovy) known the LOF as a Category III fishery. This to seriously injure or kill marine fishery includes a variety of target NMFS proposes to update the mammals. Therefore, NMFS is species and gear types including: clams estimated number of participants in the proposing to reclassify this fishery to (cultured either via ground or bag Hawaii gillnet fishery from 115 to 35. Category II based on analogy as culture), oysters (cultured via bag, rack NMFS proposes to update the provided in 50 CFR 229.2. and bag, longline, stake, bottom culture, estimated number of participants in the Hawaii opelu/akule net fishery from 16 Addition of Fisheries to the LOF or suspended culture), scallops (cultured via offshore tray-based to 12. NMFS proposes to add the ‘‘American systems), and mussels (cultured via NMFS proposes to update the Samoa longline fishery’’ to the LOF as suspension from rafts or surface estimated number of participants in the a Category III fishery. The fishery has longlines in the subtidal zone). NMFS Hawaii purse seine fishery from 18 to 138 participants. There are no does not currently have any information 23. documented marine mammal injuries or regarding the number of participants in NMFS proposes to update the mortalities incidental to this fishery. this fishery and there have been no estimated number of participants in the NMFS is initiating a fishery observer documented marine mammal serious Hawaii fish pond fishery to N/A as the program in this fishery in early 2006 injuries or mortalities incidental to this fishery is currently not operating. NMFS and will reevaluate this fishery’s fishery. is retaining this fishery on the LOF as classification when new information there may be participants in the near NMFS proposes to add the ‘‘CA white becomes available. future. seabass enhancement net pen fishery’’ NMFS proposes to add the ‘‘Western to the LOF as a Category III fishery. The NMFS proposes to update the Pacific squid jig fishery’’ to the LOF as fishery consists of a total of 13 estimated number of participants in the a Category III fishery. There are no enhancement net pens from Santa Hawaii throw net, cast net fishery from documented marine mammal serious Barbara to San Diego, CA that are used 47 to 14. injuries or mortalities incidental to this as grow-out facilities for juvenile white NMFS proposes to update the fishery. The fishery has 6 participants. seabass before release. The pens consist estimated number of participants in the This fishery is a Japanese-style jig of large, supported nets or fiberglass Hawaii trolling, rod and reel fishery fishery that operates at night by raceways. The raceways are large from 1,795 to 1,321. attracting squid with a light source. In rectangular fiberglass structures with NMFS proposes to update the the U.S. Pacific squid jigging fishery, open ends covered by steel mesh and estimated number of participants in the bycatch of marine mammals is steel predator barriers. The pens vary in Hawaii lobster trap fishery to 0 as the purported to be extremely small; if depth from 4–5 ft (1.22–1.52 m) and fishery is currently inactive. However, marine mammals are hooked, they accommodate 2,000 to 5,000 fish. There 14 permits are available if this fishery would break the relatively weak squid have been two observed mortalities of reopened. lines before being brought to the boat. A the U.S. stock of California sea lions in NMFS proposes to update the number similar fishery operates in the waters this fishery. There are 13 participants in of participants in the Hawaii aku boat, near Southern Australia. A draft this fishery as each pen represents a pole and line fishery from 54 to 4. Bycatch Action Plan was prepared for participant. NMFS proposes to update the number this fishery by the Australian Fisheries of participants in the Hawaii inshore Management Authority in 2003. The Removal of Fisheries from the LOF handline fishery from 650 to 307. report states that a ‘‘global assessment of NMFS proposes to update the number NMFS proposes to remove the ‘‘HI net bycatch and discards across world of participants in the Hawaii tuna unclassified fishery’’ from the LOF. fisheries found that squid jigging is a handline fishery (proposed name Since implementation of new and highly selective fishing method’’. change from the ‘‘Hawaii tuna’’ fishery, revised reporting forms, fishers report Because of the high selectivity of this see Fishery Name and Organizational specific net gear used. Therefore, this fishery and a lack of reliable Changes and Clarifications section) from fishery as currently listed on the LOF is information regarding marine mammal 144 to 298. no longer appropriate. bycatch in this fishery, NMFS proposes NMFS proposes to update the number to add this fishery to the LOF in Fishery Name and Organizational of participants in the HI main Hawaiian Category III. Changes and Clarifications Islands and Northwest Hawaiian Islands NMFS proposes to add the ‘‘HI Kona deep sea bottomfish fishery (proposed crab loop net fishery’’ with 42 NMFS proposes to modify the name name change from the ‘‘HI deep sea participants to the LOF as a Category III of the ‘‘HI tuna fishery’’ to the ‘‘HI tuna bottomfish fishery’’, see Fishery Name fishery. The fishery is conducted using handline fishery’’ to better reflect the and Organizational Changes and baited loop nets above sandy substrate gear type used in this fishery. Clarifications section) from 434 to 387. and is constantly tended by fishers. No NMFS proposes to modify the name NMFS proposes to update the number marine mammal injuries or mortalities of the ‘‘HI deep sea bottomfish fishery’’ of participants in the HI black coral in this fishery have been documented. to the ‘‘HI Main Hawaiian Islands and diving fishery (proposed name change Therefore, NMFS proposes to add this Northwest Hawaiian Islands deep sea from the ‘‘HI coral diving fishery’’, see fishery as a Category III fishery. bottomfish fishery’’. Fishery Name and Organizational NMFS proposes to add the ‘‘HI NMFS proposes to modify the name Changes and Clarifications section) from offshore pen culture fishery’’ to the LOF of the ‘‘HI coral diving fishery’’ to the 2 to 1. as a Category III fishery. The fishery has ‘‘HI black coral diving fishery’’ to NMFS proposes to update the number 2 participants. There have been no represent the target species in this of participants in the HI handpick documented marine mammal serious fishery. fishery from 135 to 37.

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NMFS proposes to update the number and stocks incidentally injured or killed mammal species and stocks injured or of participants in the HI lobster diving incidental to the WA, OR, CA killed incidental to the AK GOA pollock fishery from 6 to 19. groundfish trawl fishery. Specifically, trawl fishery. NMFS proposes to update the number NMFS proposes to change the Central NMFS proposes to add the GOA stock of participants in the HI squiding, spear North Pacific stock to the CA/OR/WA of harbor seals to the list of marine fishery from 267 to 91. stock of Pacific white-sided dolphins mammal species and stocks injured or NMFS proposes to update the number and the Western stock to the Eastern killed incidental to the AK GOA Pacific of participants on the AK BSAI stock of Steller sea lions. cod pot fishery. Greenland turbot longline fishery from NMFS proposes to add the Eastern 36 to 12. Alaska Fisheries and Western U.S. stocks of Steller sea The 2004 LOF revised the Federally lions and an unknown stock of killer List of Species That are Incidentally managed fisheries in Alaska into more whales to the list of marine mammal Injured or Killed discrete fisheries according to area, gear, species and stocks injured or killed NMFS proposes to add common and target species in order to more incidental to the AK, WA, OR, CA dolphins to the list of marine mammal accurately reflect the fisheries as commercial passenger fishing vessel species and stocks incidentally injured managed under Federal Fishery fishery. or killed by the California squid purse Management Plans. At that time, the NMFS proposes to add the Central seine fishery. An observer documented marine mammal stocks associated with North Pacific (Southeast AK) stock of a mortality of a common dolphin (stock the newly delineated fisheries in the humpback whales to the list of marine unknown) in 2005. LOF were not revised accordingly. mammal species and stocks injured or NMFS proposes to add the Hawaiian NMFS proposes to include the following killed incidental to the AK Southeast stocks of Blaineville’s beaked whales marine mammal stocks that have had Alaska crab pot fishery. and Pantropical spotted dolphins to the documented injuries or mortalities in NMFS proposes to add the Central list of marine mammal species and the following Federal fisheries as listed North Pacific (Southeast AK) stock of stocks incidentally injured or killed by in this proposed rule. humpback whales to the list of marine the Hawaii swordfish, tuna, billfish, NMFS proposes to add the Eastern mammal species and stocks injured or mahi mahi, wahoo, and oceanic sharks North Pacific stock of Northern fur killed incidental to the AK Southeast longline/set line fishery. Serious seals, the Bering Sea stocks of harbor Alaska shrimp pot fishery. injuries and mortalities of these stocks porpoise and harbor seals, and the NMFS proposes to add the Central incidental to this fishery were Alaska stocks of bearded seals, spotted North Pacific (Southeast AK) stock of documented by fisheries observers. seals, and walruses to the list of marine humpback whales to the list of marine NMFS proposes to delete the mammal species and stocks injured or mammal species and stocks injured or Hawaiian stock of bottlenose dolphins killed incidental to the AK BSAI flatfish killed incidental to the AK Yakutat from the list of marine mammal species trawl fishery. salmon set gillnet fishery. and stocks incidentally injured or killed NMFS proposes to add the Bering Sea NMFS proposes to add the Western by the Hawaii inshore handline fishery stock of harbor seals and the Alaska U.S. stock of Steller sea lions to the list as no interactions have been stocks of Dall’s porpoise, minke whales, of marine mammal species and stocks documented between this stock and the ribbon seals, and spotted seals to the list injured or killed incidental to the AK fishery within the last 5 years. of marine mammal species and stocks Kodiak salmon set gillnet fishery. NMFS proposes to delete the injured or killed incidental to the AK NMFS proposes to delete the Eastern Hawaiian stocks of bottlenose dolphins BSAI pollock trawl fishery. North Pacific transient stock of killer and rough tooth dolphins from the list NMFS proposes to add the Alaska whales from the list of marine mammals of marine mammal species and stocks stock of ribbon seals and the Western species and stocks injured or killed in incidentally injured or killed by the U.S. stock of Steller sea lions to the list the Alaska BSAI flatfish trawl fishery. Hawaii tuna handline fishery (proposed of marine mammal species and stocks Because NMFS did not have name change from ‘‘Hawaii tuna injured or killed incidental to the AK information regarding which stock was fishery’’, see Fishery Name and BSAI Pacific cod longline fishery. injured or killed incidental to this Organizational Changes and NMFS proposes to add the Eastern fishery, both the Eastern North Pacific Clarifications section) as no interactions U.S. stock of Steller sea lions and the transient and resident stocks of killer have been documented between these North Pacific stock of sperm whales to whales were listed in the 2005 LOF as stocks and this fishery within the last 5 the list of marine mammal species and interacting with this fishery. However, years. stocks injured or killed incidental to the since publication of the 2005 LOF, NMFS proposes to correct some errors AK GOA sablefish longline fishery. NMFS has obtained the results of in the list of marine mammal species NMFS proposes to add the Western genetic analysis on the biopsy samples and stocks incidentally injured or killed U.S. stock of Steller sea lions and the taken from killer whales seriously incidental to the CA/OR thresher shark/ Bering Sea stock of harbor seals to the injured or killed in this fishery. The swordfish drift gillnet fishery. list of marine mammal species and results indicate that the fishery Specifically, NMFS proposes to change stocks injured or killed incidental to the interacted with the resident stock of the CA/OR/WA Pacific coast stock to AK BSAI Pacific cod trawl fishery. Eastern North Pacific killer whales. the Eastern North Pacific offshore stock NMFS proposes to add the Western Therefore, NMFS proposes to remove of killer whales and the CA/OR/WA U.S. stock of Steller sea lions to the list the stock (transient) that did not interact stock to the CA stock of long-beaked of marine mammal species and stocks with this fishery. common dolphins. Additionally, NMFS injured or killed incidental to the AK NMFS proposes to delete the Eastern proposes to combine the Northern and GOA Pacific cod trawl fishery. North Pacific resident stock of killer Southern species of Pacific white-sided NMFS proposes to add the Western whales from the list of marine mammals dolphins to reflect how these species are U.S. stock of Steller sea lions, the species and stocks incidentally injured currently characterized in the SARs. Northeast Pacific stock of fin whales, or killed in the Alaska BSAI pollock NMFS proposes to correct some errors and the North Pacific stock of Northern trawl fishery. Because NMFS did not in the list of marine mammal species elephant seals to the list of marine have information regarding which stock

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was injured or killed incidental to this bottlenose dolphins, menhaden purse to the Northeast bottom trawl fishery fishery, both the Eastern North Pacific seiners have reported annual because NMFS has not documented any transient and resident stocks of killer interactions of one to five bottlenose serious injuries or mortalities of these whales were listed in the 2005 LOF as dolphins. In addition, the Gulf of stocks incidental to this fishery in the interacting with this fishery. However, Mexico menhaden purse seine fishery is past 5 years. since publication of the 2005 LOF, classified as a Category II fishery based NMFS has obtained the results of on documented bycatch of several Fishery Name and Organizational genetic analysis on the biopsy samples bottlenose dolphin stocks, including the Changes and Clarifications taken from killer whales seriously Northern, Eastern, and Western Gulf of Southeast Atlantic Gillnet Fishery injured or killed in this fishery. These Mexico coastal stocks, and the Gulf of NMFS proposes to expand the list of results indicate that the fishery Mexico bay, sound, and estuarine stock. target species associated with the interacted with the transient stock of Elevating this fishery to Category II will ‘‘Southeast Atlantic gillnet fishery’’. In Eastern North Pacific killer whales. allow NMFS to characterize marine the 2001 LOF (66 FR 42780, August 15, Therefore, NMFS proposes to remove mammal interactions with this fishery 2001), NMFS renamed all southeastern the stock (resident) that did not interact through the observer program. Based on Atlantic gillnet fisheries (except the with this fishery. documented bycatch of bottlenose Southeastern U.S. Atlantic shark gillnet dolphins in purse seine gear, NMFS Commercial Fisheries in the Atlantic fishery) as the ‘‘Southeast Atlantic proposes to reclassify this fishery in Ocean, Gulf of Mexico, and Caribbean: gillnet fishery’’, and elevated this Category II. Fishery Classification fishery from Category III to Category II. NMFS proposes to reclassify the Addition of Fisheries to the LOF This fishery designation included Chesapeake Bay inshore gillnet fishery NMFS proposes to add the ‘‘Southeast fisheries identified in previous LOFs as from Category III to Category II based on Atlantic inshore gillnet fishery’’ to the the ‘‘Florida East Coast pelagics king its potential to seriously injure or kill LOF as a Category III fishery. This and Spanish mackerel gillnet fishery’’ the Western North Atlantic stock of fishery typically targets shad and river and the ‘‘Southeast U.S. Atlantic coastal bottlenose dolphins. Bottlenose herring in inshore rivers and bays shad, sturgeon gillnet fishery’’. In 2006, dolphins are known to use the entire (inside the COLREGS lines). Despite the NMFS received information from the Chesapeake Bay, including waters lack of adequate observer coverage in Florida Fish and Wildlife Commission’s landward of the Chesapeake Bay Bridge- this fishery, NMFS has no evidence to trip ticket database that landings from Tunnel. Since the Chesapeake Bay suggest that there is more than a remote 2002–2005 using gillnet gear on the east inshore gillnet fishery is currently a likelihood of marine mammal serious coast of Florida also include landings of Category III fishery, observer coverage is injuries or mortalities incidental to this whiting, bluefish, pompano, spot, not required; therefore, no marine fishery. The number of participants in croaker, little tunny, bonita, jack mammal interactions with this fishery this fishery is unknown. crevalle, and cobia, in addition to king have been documented. However, and Spanish mackerel and shad. These serious injuries and mortalities of the List of Species That are Incidentally species are targeted using both pelagic Western North Atlantic stock of Injured or Killed and demersal gillnet gear, each of which bottlenose dolphins have been NMFS proposes to remove the poses similar risks of entanglement to documented in similar gillnet fisheries Western North Atlantic stock of fin marine mammals. Therefore, NMFS in the Mid-Atlantic, such as the Mid- whales from the list of marine mammal proposes to expand the list of fish Atlantic gillnet fishery and the North species and stocks incidentally injured species associated with the ‘‘Southeast Carolina inshore gillnet fishery, both of or killed incidental to the Mid-Atlantic Atlantic gillnet fishery’’ to include the which are currently Category II gillnet fishery. NMFS added this stock following target species: king mackerel, fisheries. Reclassifying the Chesapeake in the 2005 LOF and has since Spanish mackerel, whiting, bluefish, Bay inshore gillnet fishery to Category II confirmed that the NMFS observer pompano, spot, croaker, little tunny, will allow NMFS to characterize marine program does not have a documented bonita, jack crevalle, and cobia. Atlantic mammal interactions with this fishery interaction between this stock and this sturgeon are listed as a species of through the observer program. Based on fishery. concern under the Endangered Species the potential overlap in distribution of NMFS proposes to add several Act and are also managed under a the Western North Atlantic stock of bottlenose dolphin stocks to the list of fishery management plan; a moratorium bottlenose dolphins and this fishery, in marine mammal species and stocks on possession and harvest of this addition to documented serious injuries incidentally injured or killed incidental species currently exists throughout the and mortalities in similar gillnet gear, to the Atlantic Ocean, Gulf of Mexico, U.S. East Coast. Additionally, fishing for NMFS proposes to reclassify this fishery Caribbean commercial passenger fishing shad in ocean waters is prohibited by to Category II based on analogy as vessel fishery based on anecdotal Southeast coastal states and is therefore provided in 50 CFR 229.2. reports of dolphins interacting with no longer included as a target species of NMFS proposes to reclassify the Mid- hook and line gear in both the Atlantic the Southeast Atlantic gillnet fishery. Atlantic menhaden purse seine fishery and Gulf of Mexico. These bottlenose from Category III to Category II based on dolphin stocks include the Western List of Fisheries its potential to seriously injure or kill North Atlantic coastal, Eastern Gulf of The following two tables list U.S. the Western North Atlantic stock of Mexico coastal, Northern Gulf of Mexico commercial fisheries according to their bottlenose dolphins. Since this fishery coastal, and Western Gulf of Mexico assigned categories under section 118 of is currently a Category III fishery, coastal. the MMPA. The estimated number of observer coverage is not required; NMFS proposes to remove the vessels/participants is expressed in therefore, no marine mammal Western North Atlantic offshore stock of terms of the number of active interactions with this fishery have been bottlenose dolphins and the Western participants in the fishery, when documented. However, according to the North Atlantic stock of striped dolphins possible. If this information is not most recent stock assessment of the from the list of marine mammal species available, the estimated number of Western North Atlantic stock of and stocks injured or killed incidental vessels or persons licensed for a

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particular fishery is provided. If no interaction. Additionally, species mammals, as discussed in the final LOF recent information is available on the identified by logbook entries may not be for 1996 (60 FR 67063, December 28, number of participants in a fishery, the verified. Not all species or stocks 1995), and according to factors listed in number from the most recent LOF is identified are the reason for a fishery’s the definition of a ‘‘Category II fishery’’ used. placement in a given category. NMFS in 50 CFR 229.2. NMFS has designated The tables also list the marine has designated those stocks that are those fisheries originally listed by mammal species and stocks that are responsible for a current fishery’s analogy in Tables 1 and 2 by a ‘‘2’’ after 1 incidentally killed or injured in each classification by a ‘‘ ’’. that fishery’s name. fishery based on observer data, logbook There are several fisheries classified data, stranding reports, and fisher in Category II that have no recently Table 1 lists commercial fisheries in reports. This list includes all species or documented interactions with marine the Pacific Ocean (including Alaska); stocks known to experience injury or mammals. Justifications for placement Table 2 lists commercial fisheries in the mortality in a given fishery, but also of these fisheries are by analogy to other Atlantic Ocean, Gulf of Mexico, and includes species or stocks for which gear types that are known to cause Caribbean. there are anecdotal records of mortality or serious injury of marine BILLING CODE 3510–22–S

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BILLING CODE 3510–22–C will not incur any economic costs in the management of reclassified Classification associated with carrying that observer. fisheries, and therefore, this proposed This proposed rule contains rule is not expected to change the The Chief Counsel for Regulation of collection-of-information requirements analysis or conclusion of the 2005 EA. the Department of Commerce certified subject to the Paperwork Reduction Act. to the Chief Counsel for Advocacy of the If NMFS takes a management action, for The collection of information for the example, through the development of a Small Business Administration that this registration of fishers under the MMPA proposed rule would not have a Take Reduction Plan (TRP), NMFS will has been approved by the Office of first prepare an environmental significant economic impact on a Management and Budget (OMB) under document, as required under NEPA, substantial number of small entities. For OMB control number 0648–0293 (0.15 specific to that action. convenience, the factual basis leading to hours per report for new registrants and the certification is repeated below. 0.09 hours per report for renewals). The This proposed rule would not affect Under existing regulations, all fishers requirement for reporting marine species listed as threatened or participating in Category I or II fisheries mammal injuries or moralities has been endangered under the Endangered must register under the MMPA, obtain approved by OMB under OMB control Species Act (ESA) or their associated an Authorization Certificate, and pay a number 0648–0292 (0.15 hours per critical habitat. The impacts of fee of $25. Additionally, fishers may be report). These estimates include the numerous fisheries have been analyzed subject to a take reduction plan and time for reviewing instructions, in various biological opinions, and this requested to carry an observer. The searching existing data sources, proposed rule will not affect the Authorization Certificate authorizes the gathering and maintaining the data conclusions of those opinions. The taking of marine mammals incidental to needed, and completing and reviewing classification of fisheries on the LOF is commercial fishing operations. NMFS the collection of information. Send not considered to be a management has estimated that approximately 41,730 comments regarding these reporting action that would adversely affect fishing vessels, most of which are small burden estimates or any other aspect of entities, operate in Category I or II threatened or endangered species. If the collections of information, including NMFS takes a management action, for fisheries, and therefore, are required to suggestions for reducing burden, to register. However, registration has been example, through the development of a NMFS and OMB (see ADDRESSES). TRP, NMFS would conduct consultation integrated with existing state or Federal Notwithstanding any other provision registration programs for the majority of of law, no person is required to respond under ESA section 7 for that action. these fisheries so that the majority of to nor shall a person be subject to a This proposed rule would have no fishers do not need to register separately penalty for failure to comply with a adverse impacts on marine mammals under the MMPA. Currently, collection of information subject to the and may have a positive impact on approximately 500 fishers register requirements of the Paperwork marine mammals by improving directly with NMFS under the MMPA Reduction Act unless that collection of knowledge of marine mammals and the authorization program. information displays a currently valid fisheries interacting with marine Though this proposed rule would OMB control number. mammals through information collected affect approximately 500 small entities, This proposed rule has been from observer programs or take the $25 registration fee, with respect to determined to be not significant for the reduction teams. anticipated revenues, is not considered purposes of Executive Order 12866. a significant economic impact. If a An environmental assessment (EA) This proposed rule would not affect vessel is requested to carry an observer, was prepared under the National the land or water uses or natural fishers will not incur any economic Environmental Policy Act (NEPA) for resources of the coastal zone, as costs associated with carrying that regulations to implement section 118 of specified under section 307 of the observer. As a result of this certification, the MMPA (1995 EA). NMFS revised Coastal Zone Management Act. an initial regulatory flexibility analysis that EA relative to classifying U.S. Dated: April 18, 2006. was not prepared. In the event that commercial fisheries on the LOF in John Oliver, reclassification of a fishery to Category December 2005. Both the 1995 and 2005 I or II results in a take reduction plan, EA concluded that implementation of Deputy Assistant Administrator for Operations, national Marine Fisheries economic analyses of the effects of that MMPA section 118 regulations would Service. plan will be summarized in subsequent not have a significant impact on the rulemaking actions. Further, if a vessel human environment. This proposed rule [FR Doc. 06–3838 Filed 4–21–06; 8:45 am] is requested to carry an observer, fishers would not make any significant change BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE www.regulations.gov. Follow the fish in the State parallel groundfish instructions at that site for submitting fisheries. These changes are necessary to National Oceanic and Atmospheric comments. implement the Program’s sideboard Administration Copies of the regulatory impact provisions. review/initial regulatory flexibility State parallel fisheries occur in State 50 CFR Part 680 analysis (RIR/IRFA), prepared for this waters but are opened at the same time as Federal fisheries in Federal waters. [Docket No.: 060404093–6093–01; I.D. action and copies of the Bering Sea 033106A] Aleutian Islands Crab Fisheries Final State parallel fishery harvests are Environmental Impact Statement/ considered part of the Federal total RIN 0648–AU24 Regulatory Impact Review/Initial allowable catch (TAC) and federally- Regulatory Flexibility Analysis/Social permitted vessels move between State Fisheries of the Exclusive Economic Impact Assessment (EIS/RIR/IRFA/SIA) and Federal waters during the Zone Off Alaska; Allocating Bering Sea prepared for the Crab Rationalization concurrent parallel and Federal and Aleutian Islands King and Tanner Program are available from NMFS at the fisheries. The State opens the parallel Crab Fishery Resources mailing address specified above or from fisheries through emergency order by AGENCY: National Marine Fisheries the NMFS Alaska Region Web site at adopting the groundfish seasons, Service (NMFS), National Oceanic and http://www.fakr.noaa.gov. bycatch limits, and allowable gear types Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: that apply in the adjacent Federal Commerce. Gretchen Harrington, 907–586–7228 or fisheries. ACTION: Proposed rule; request for [email protected]. Sideboard Provisions comments. SUPPLEMENTARY INFORMATION: In January Sideboard limits restrict the ability of 2004, the U.S. Congress amended SUMMARY: NMFS proposes changes to vessels whose histories resulted in section 313(j) of the Magnuson-Stevens Bering Sea snow crab quota share, or the regulations implementing the Crab Act through the Consolidated Rationalization Program. This action is fishing under License Limitation Appropriations Act of 2004 (Public Law Program (LLP) licenses derived from necessary to correct two discrepancies 108–199, section 801). As amended, in the scope of the sideboard protections those vessels, to participate in GOA section 313(j)(1) requires the Secretary groundfish fisheries. The purpose of the for Gulf of Alaska (GOA) groundfish of Commerce to approve and implement sideboard limits is to prevent vessels fisheries provided in a previous by regulation the Crab Rationalization that traditionally participated in the rulemaking. Specifically, this action Program (Program), as it was approved Bering Sea snow crab fishery from using would remove the sideboard restrictions by the North Pacific Fishery the flexibility of the Program to increase from vessels that did not generate Management Council (Council). In June their participation in the GOA Bering Sea snow crab (Chionoecetes 2004, the Council consolidated its groundfish fisheries, and primarily the opilio) quota share and would apply the actions on the Program into Amendment GOA Pacific cod fishery. Historically, sideboards to federally permitted 18 to the FMP. Additionally, in June the Bering Sea snow crab fishery and vessels operating in the State of Alaska 2004, the Council developed GOA groundfish fisheries operated (State) parallel fisheries. This proposed Amendment 19 to the FMP, which concurrently from January through rule is intended to promote the goals represents minor changes necessary to March, meaning that a crab vessel and objectives of the Fishery implement the Program. owner had to decide whether to fish for Management Plan for Bering Sea/ A notice of availability for Bering Sea snow crab or GOA Aleutian Islands (BSAI) King and Amendments 18 and 19 was published groundfish but could not participate Tanner Crabs (FMP), the Magnuson- in the Federal Register on September 1, fully in both fisheries. With crab Stevens Fishery Conservation and 2004 (69 FR 53397). NMFS published a rationalization, vessel owners have the Management Act (Magnuson-Stevens proposed rule to implement flexibility to fish for snow crab during Act), and other applicable law. Amendments 18 and 19 on October 29, a greatly extended season, or to lease DATES: Written comments must be 2004 (69 FR 63200). NMFS approved their crab individual fishing quota (IFQ) received no later than May 9, 2006. Amendments 18 and 19 on November and not fish at all. This increased ADDRESSES: Send comments to Sue 19, 2004. NMFS published a final rule flexibility for crab fishermen could lead Salveson, Assistant Regional to implement Amendments 18 and 19 to increases in fishing effort in GOA Administrator, Sustainable Fisheries on March 2, 2005 (70 FR 10174) and a groundfish fisheries, especially the Division, Alaska Region, NMFS, Attn: final rule (70 FR 13097; March 18, 2005) Pacific cod fishery, and could negatively Records Administrator. Comments may to correct OMB control numbers affect the other participants in those be submitted by: provided in the final rule dated March fisheries. • Mail: P.O. Box 21668, Juneau, AK 2, 2005 (70 FR 10174). NMFS also This concern about spillover effects is 99802. published two final rules (70 FR 33390; limited primarily to the GOA where the • Hand Delivery to the Federal June 8, 2005, and 70 FR 75419; Pacific cod TAC is not allocated among Building: 709 West 9th Street, Room December 20, 2005) to correct certain gear types. In the BSAI, most of the 420A, Juneau, AK. provisions in the final rule dated March Pacific cod TAC is allocated to vessels • Fax: 907–586–7557. 2, 2005 (70 FR 10174). using longline and trawl gear, and LLP • E-mail: 0648–AU24– NMFS intends to correct two aspects license restrictions prevent the entry of [email protected]. Include in of the sideboard provisions in the new pot vessels into the BSAI Pacific the subject line of the e-mail the regulations implementing the Program. cod fishery. Hence, snow crab fishermen following document identifier: GOA One change would remove the who wish to increase their groundfish sideboards. E-mail comments, with or sideboard limits from vessels that did fishing activity would do so primarily in without attachments, are limited to 5 not generate Bering Sea snow crab quota the GOA Pacific cod fishery. megabytes. share under the Program. The second The GOA groundfish sideboard • Webform at the Federal change would clarify that the sideboards restrictions are intended to apply to any eRulemaking Portal: http:// apply to federally permitted vessels that crab vessel that: (1) Is not authorized

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under the American Fisheries Act, (2) Program included regulatory language to groundfish fisheries, and primarily the has a fishing history that generated any this effect (69 FR 63200, October 29, GOA Pacific cod fishery, because they amount of Bering Sea snow crab quota 2004). However, this language was could circumvent the directed fishing share, (3) has an LLP license earned in changed in the final rule to apply the closures by fishing in State waters. whole or in part by the crab fishing sideboards to vessels that had landings NMFS has notified the public that it history of such vessels, or (4) is fishing during the qualifying period. This will implement the sideboard limits in under an LLP license derived in whole change has the unintended consequence the State parallel fisheries in the or in part from a vessel in (1) through of applying the sideboards to vessels preamble to the proposed and final rules (4). Those snow crab vessels subject to that did not qualify for quota share. for the Program and in the notice of GOA groundfish sideboard restrictions NMFS proposes to change the regulatory availability for Amendments 18 and 19. are limited, in the aggregate, from language to reflect the original language Classification harvesting an amount of each GOA in the Program’s proposed rule. NMFS groundfish species that exceeds the received no public comments on this NMFS has determined that the percentage of each species that such aspect of the Program’s proposed rule. proposed rule is consistent with the vessels retained, in the aggregate, from The existing regulations restrict FMP and preliminarily determined that 1996 to 2000, relative to the total participation in Federal fisheries but not the rule is consistent with the retained catch of each species by all in the adjacent State waters fisheries. Magnuson-Stevens Act and other groundfish vessels during the same This omission in the regulations would applicable laws. period. The sideboard restrictions also allow vessels whose history generated This proposed rule has been are apportioned by season and/or area quota share to increase their determined to be not significant for for each GOA groundfish TAC that is participation in the groundfish fisheries. purposes of Executive Order 12866. apportioned by season or area. NMFS proposes to change the NMFS prepared an initial regulatory Some additional sideboard regulations to clarify that the GOA flexibility analysis (IRFA) as required by restrictions and exemptions for GOA groundfish sideboard directed fishing section 603 of the Regulatory Flexibility Pacific cod do not apply to other GOA closures apply to federally permitted Act (RFA). The IRFA describes the groundfish species. Any vessel subject vessels while fishing in the State economic impact this proposed rule, if to GOA groundfish sideboards that parallel fisheries. adopted, would have on small entities. landed less than 50 mt (110,231 lb) of The Council developed the sideboard A description of the action, why it is GOA groundfish between 1996 and limits to prevent vessels that being considered, and the legal basis for 2000, is prohibited from engaging in traditionally participated in the Bering it are included at the beginning of this directed fishing for GOA Pacific cod at Sea snow crab fishery from using the section in the preamble and in the all times. Additionally, any vessel that flexibility of the Program to increase SUMMARY section of the preamble. A landed less than 100,000 pounds (45.4 their participation in the GOA summary of the analysis follows. A copy mt) of Bering Sea snow crab and more groundfish fisheries, primarily the GOA of this analysis is available from NMFS than 500 mt (1,102,311 lb) of GOA Pacific cod fishery. Amendment 18 does (see ADDRESSES). Pacific cod between 1996 and 2000 is not specifically apply the sideboard Number and Description of Small exempt from the GOA Pacific cod limits to vessels operating in the State Entities Directly Regulated by the sideboard restrictions. These sideboard parallel fisheries. Amendment 18 Proposed Action restrictions also apply to any vessel required cooperatives to limit their fishing under an LLP license earned by members’ aggregate Pacific cod catch in One hundred and ninety-five entities the crab fishing history of such vessel. both Federal and State waters to the are subject to the sideboard regulations NMFS notified all persons who own sideboard amount. In a letter dated June and fish in the GOA groundfish a vessel or hold a LLP license subject to 2, 2004, NMFS requested that the fisheries. A fishing operation is the sideboard restrictions by issuing Council remove the requirement that considered to be a small entity for RFA amended Federal fisheries permits and cooperatives manage the sideboard purposes if its total annual gross LLP licenses to each affected vessel fishing activity of their members receipts, from all sources, is less than $4 owner or LLP license holder. The because NMFS determined this million. The 2004 gross revenue data amended Federal fisheries permits and provision was not practical or from the State fishticket database is LLP licenses display the type of enforceable. In the same letter, NMFS readily available and includes revenue sideboard restriction on the face of the informed the Council that it would from all fishing operations in Alaska permit or license. manage the groundfish sideboards and adjacent EEZ waters. Based on these through fleet-wide directed fishing data, as many as 189 of the 195 entities Need for Regulatory Changes closures for Federal waters and the may be considered small. This action proposes two changes to parallel fishery in State waters. The the regulations governing sideboard Council removed the cooperative Impacts on Directly Regulated Small protections for the GOA groundfish management requirement paragraph in Entities fisheries at 50 CFR part 680.22. The first Amendment 19. However, deleting this The Council created the sideboards change would remove the sideboard paragraph had the effect of removing with the expressed purpose of restrictions from vessels whose histories from the FMP the sideboard limits for restricting the owners of vessels did not generate Bering Sea snow crab vessels fishing in State waters. acquiring snow crab quota share from quota share. The second change would NMFS finds it necessary to apply the using the resulting increased clarify that the sideboard restrictions sideboard limits to federally permitted operational flexibility to expand their apply to federally permitted vessels that vessels fishing in State parallel fisheries participation in the already fully fish in the State parallel groundfish in order to implement the FMP. Without subscribed GOA groundfish fisheries. fisheries. this regulatory change, vessels that The proposed regulatory changes are The Council intended the sideboards traditionally participated in the Bering necessary owing to the introduction of to apply to vessels that qualify for Sea snow crab fishery could use the two inconsistencies that exist between Bering Sea snow crab quota share under flexibility of the Program to increase the Program provisions and the the Program. The proposed rule for the their participation in the GOA language in the implementing

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regulations. These corrections will Program (see ADDRESSES). As discussed minimize the economic impact of the implement the sideboards as intended in that analysis, the sideboard limits proposed rule on small entities. A no by the Council and mandated by section prevent these participants from using action alternative was considered, but 313(j) of the Magnuson-Stevens Act. these benefits to increase their effort in was rejected because it did not meet the Sideboards on vessels without quota the GOA groundfish fisheries. The objectives of the Program’s sideboard share. Six small entities, as defined for sideboard restrictions provide the provisions. No significant adverse RFA purposes, would be directly sideboarded vessels the ability to effects are shown for this action. maintain their historic harvest levels in regulated by the removal of the List of Subjects in 50 CFR Part 680 sideboard provisions from vessels that GOA groundfish fisheries therefore they did not generate snow crab quota shares. do not make the sideboarded vessels Alaska, Fisheries, Reporting and These six are currently, although worse-off economically. Vessels with recordkeeping requirements. inadvertently, subject to the economic minimal harvests in the snow crab Dated: April 17, 2006. fisheries and substantial harvests in the burden of the sideboard restrictions, John Oliver, despite not having qualified for snow Pacific cod fishery would be exempt from the sideboard restrictions, since Deputy Assistant Administrator for crab quota shares. The proposed action Operations, National Marine Fisheries would lift this uncompensated burden these vessels have little dependence on Service. the crab fisheries. In addition, vessels from these six small entities by For the reasons set out in the with less that a minimum historic removing their sideboard restrictions. preamble, NMFS proposes to amend 50 harvest from GOA groundfish fisheries Sideboards in the State parallel CFR part 680 as follows: groundfish fisheries. As promulgated, are not permitted to participate in GOA the current language may allow groundfish fisheries. PART 680—SHELLFISH FISHERIES OF federally permitted vessels to The proposed action does not likely THE EXCLUSIVE ECONOMIC ZONE circumvent the Program’s sideboards by have the potential to impose OFF ALASKA fishing only in the State parallel disproportionate impacts on small groundfish fisheries in the GOA. Since entities, relative to large entities. The 1. The authority citation for part 680 the start of the 2006 A season Pacific regulatory change applying the continues to read as follows: cod fishery (the first GOA groundfish sideboard constraints to State waters Authority: 16 U.S.C. 1862. opening following implementation of during the parallel fisheries would 2. In § 680.22, paragraph (a)(1)(i) is the current Program provisions), no provide all qualifying vessels, large and revised and paragraph (f) is added to vessels prohibited by these sideboard small, a level playing field upon which read as follows: to operate, as had been the intention of provisions from fishing for Pacific cod the Council from the outset. Because § 680.22 Sideboard protections for GOA have fished in the State parallel this change merely rescinds an groundfish fisheries. fisheries. The fact that no vessels unintentional and unexploited currently are exploiting this loophole in * * * * * regulatory loophole, the only possible the regulations is testament to the clear (a) * * * effect is to codify the commonly held intent that the sideboards apply to the (1) * * * understanding among the fishing State parallel fisheries, and the plain (i) Any non-AFA vessel that made a industry of the sideboard rule. legal landing of Bering Sea snow crab language understanding of the term This proposed rule does not have the ‘‘GOA.’’ This action proposes to correct (C. opilio) between January 1, 1996, and potential to significantly reduce profits December 31, 2000, that generated any the sideboard provisions of the for small entities. The absence of cost Program’s implementing regulations, by amount of Bering Sea snow crab (C. data precludes quantitative estimation opilio) fishery QS; and applying them to federally permitted of potential impacts on profitability, * * * * * vessels fishing in State parallel although these would be expected to be (f) Sideboard protections in the State groundfish fisheries. Therefore, the minimal, because no vessels chose to of Alaska parallel groundfish fisheries. preferred action has no economic effects exploit this loophole in the 2006 A Vessels subject to the sideboard beyond those considered in the EIS/RIR/ season (the first groundfish fishery after restrictions under paragraph (a) of this IRFA/SIA prepared for the Program (see sideboard implementation). ADDRESSES). This regulation does not impose new section, that are required to have a Sideboard restrictions prevent adverse recordkeeping and reporting Federal Fisheries Permit and/or LLP spillover effects in other fisheries from requirements on any directly regulated license, shall be subject to the an influx of effort from the rationalized small entities. regulations of this section while crab fisheries. The Crab Rationalization This analysis did not reveal any participating in any groundfish fishery Program, because it issued quota share Federal rules that duplicate, overlap or in State waters adjacent to the GOA to vessel owners and provided them the conflict with the proposed action. opened by the State of Alaska and for ability to form cooperatives, provides No significant alternatives to the which the State of Alaska adopts a these directly regulated entities huge proposed rule exist that accomplish the Federal fishing season. economic benefits, as discussed in the stated objectives, are consistent with [FR Doc. E6–6030 Filed 4–21–06; 8:45 am] EIS/RIR/IRFA/SIA prepared for the applicable statutes, and would BILLING CODE 3510–22–S

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Notices Federal Register Vol. 71, No. 78

Monday, April 24, 2006

This section of the FEDERAL REGISTER (2) Procedures for the mentor’s (b) If the application is disapproved, contains documents other than rules or voluntary withdrawal from the program the mentor may provide additional proposed rules that are applicable to the including notification of the prote´ge´ information for reconsideration. OSDBU public. Notices of hearings and investigations, firm and the USAID OSDBU; will complete review of any committee meetings, agency decisions and Withdrawal notification must be in supplemental material no later than 30 rulings, delegations of authority, filing of petitions and applications and agency writing, at least 30 days in advance of days after receipt. Upon finding statements of organization and functions are the mentor’s intent to withdraw; deficiencies the USAID considers examples of documents appearing in this (3) Procedures for a prote´ge´’s correctable, OSDBU will notify the section. voluntary withdrawal from the program. mentor and request information The prote´ge´ shall notify the mentor firm regarding correction of deficiencies to in writing at least 30 days in advance of be provided within 30 days. AGENCY FOR INTERNATIONAL the prote´ge´ firm’s intent to voluntarily Annual Reporting Burden: DEVELOPMENT terminate the Mentor-Prote´ge´ Respondents: 20. agreement. The mentor shall notify Total annual responses: 20. Notice of Public Information Collection OSDBU and the contracting officer Total annual hours requested: 5. Requirements Submitted to OMB for immediately upon receipt of notice from Dated: April 17, 2006. Review the prote´ge´; Joanne Paskar, SUMMARY: U.S. Agency for International (4) A description of the type of Chief, Information and Records Division, Development (USAID) has submitted developmental program that will be Office of Administrative Services, Bureau for the following information collection to provided by the mentor firm to the Management. OMB for review and clearance under the prote´ge´ firm, to include a description of [FR Doc. 06–3835 Filed 4–21–06; 8:45 am] Paperwork Reduction Act of 1995, the subcontract work, a schedule for BILLING CODE 6116–01–M Public Law 104– . Comments regarding providing assistance, and criteria for this information collection are best evaluation of the prote´ge´’s AGENCY FOR INTERNATIONAL assured of having their full effect if developmental success; DEVELOPMENT received within 30 days of this (5) A listing of the number and types of subcontractors to be awarded to the notification. Comments should be Notice of Public Information Collection addressed to: Desk Officer for USAID, prote´ge´ firm; (6) Program participation term; Requirements Submitted to OMB for Office of Information and Regulatory Review Affairs, Office of Management and (7) Termination procedures; Budget (OMB), Washington, DC 20503. (8) Plan for accomplishing work SUMMARY: U.S. Agency for International Copies of submission may be obtained should the agreement be terminated; Development (USAID) has submitted by calling (202) 712–1365. and the following information collection to SUPPLEMENTARY INFORMATION: (9) Other terms and conditions, as OMB for review and clearance under the OMB Number: OMB 0412–NEW. appropriate. Paperwork Reduction Act of 1995, Form Number: N/A. Review of Agreement Public Law 104–13. Comments Title: Mentor-Prote´ge´ Program regarding this information collection are Application. (1) OSDBU will review the best assured of having their full effect if Type of Submission: New Information information to ensure the mentor and received within 30 days of this Collection. prote´ge´ are both eligible and the notification. Comments should be sent Purpose: The U.S. Agency for information that is required in this via e-mail to International Development (USAID) Mentor-Prote´ge´ Program Guide is [email protected] or fax to requests comment on its Mentor-Prote´ge´ included. OSDBU may consult with the 202–395–7285. Copies of submission Program Application. The form will be Contracting Officer on the adequacy of may be obtained by calling (202) 712– used to apply for participation in the the proposed mentor-prote´ge´ 1365. USAID Mentor-Prote´ge´ Program. Firms arrangement, and its review will be SUPPLEMENTARY INFORMATION: interested in becoming a mentor firm completed no later than 30 calendar OMB Number: OMB 0412–0011. must apply in writing to the USAID/ days after receipt by OSDBU. Form Number: AID 1010–2. OSDBU. The application shall be (2) Upon completion of the review, Title: Application for Assistance— evaluated by the nature and extent of the mentor may implement the American Schools And Hospitals technical and managerial support developmental assistance program. Abroad. proposed as well as the extent of (3) The agreement defines the Type of Submission: USAID finances financial assistance in the form of equity relationship between the mentor and grant assistance to U.S. founders or investment, loans, joint-venture prote´ge´ firms only. The agreement itself sponsors who apply for grant assistance support, and traditional subcontracting does not create any privity of contract from ASHA on behalf of their support proposed. between the mentor or prote´ge´ and the institutions overseas. ASHA is a The Mentor-Prote´ge´ agreement USAID. competitive grants program. The office contains: (a) An approved agreement will be of ASHA is charged with judging which (1) Name, address, phone, and E-mail incorporated into the mentor or prote´ge´ applicants may be eligible for of mentor and prote´ge´ firm(s) and a firm’s contract with the USAID. It consideration and receive what amounts point of contact within both firms who should be added to the subcontracting of funding for what purposes. To aid in will oversee the agreement; plan of the contract. such determination, the office of ASHA

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has established guidelines as the basis potential persons who are to respond to (b) the accuracy of the agency’s estimate for deciding upon the eligibility of the the collection of information that such of burden including the validity of the applicants and the resolution on annual persons are not required to respond to methodology and assumptions used; (c) grant awards. These guidelines are the collection of information unless it ways to enhance the quality, utility and published in the Federal Register, Doc. displays a currently valid OMB control clarity of the information to be 79–36221. number. collected; (d) ways to minimize the Annual Reporting Burden: burden of the collection of information Food and Nutrition Service Respondents: 85. on those who are to respond, including Total annual responses: 85. Title: Request for Administrative through the use of appropriate Total annual hours requested: 900 Review. automated, electronic, mechanical, or hours. OMB Control Number: 0584–0520. other technological collection Summary of Collection: The Food and Dated: April 17, 2006. techniques or other forms of information Nutrition Service (FNS) of the U.S. technology should be addressed to: Desk Joanne Paskar, Department of Agriculture is the Federal Officer for Agriculture, Office of Chief, Information and Records Division, agency responsible for the Food Stamp Information and Regulatory Affairs, Office of Administrative Services, Bureau for Program. The Food Stamp Act of 1977, Office of Management and Budget Management. as amended, (7 U.S.C. 2011–2036), as (OMB), [email protected] [FR Doc. 06–3836 Filed 4–21–06; 8:45 am] codified under 7 CFR Parts 278 and 279, or fax (202) 395–5806 and to BILLING CODE 6116–01–M requires that the FNS determine the Departmental Clearance Office, USDA, eligibility of retail food stores and OCIO, Mail Stop 7602, Washington, DC certain food service organizations to 20250–7602. Comments regarding these DEPARTMENT OF AGRICULTURE participate in the Food Stamp Program. information collections are best assured If a retail or wholesale firm is found to of having their full effect if received Submission for OMB Review; be ineligible by FNS, or is otherwise within 30 days of this notification. Comment Request aggrieved by certain FNS actions(s), that Copies of the submission(s) may be firm has the right to file a written April 19, 2006. obtained by calling (202) 720–8681. request for review of the administrative An agency may not conduct or The Department of Agriculture has action with FNS. sponsor a collection of information submitted the following information Need and Use of the Information: The unless the collection of information collection requirement(s) to OMB for request for administrative review is a displays a currently valid OMB control review and clearance under the formal memorandum, provided by the number and the agency informs Paperwork Reduction Act of 1995, requester, with an original signature. potential persons who are to respond to Public Law 104–13. Comments FNS receives the letter requesting an the collection of information that such regarding (a) Whether the collection of administrative review and maintains it persons are not required to respond to information is necessary for the proper as part of the official review record. The the collection of information unless it performance of the functions of the designated reviewer will adjudicate the displays a currently valid OMB control agency, including whether the appeals process and make a final number. information will have practical utility; determination regarding the aggrieved (b) the accuracy of the agency’s estimate action. Rural Utilities Service of burden including the validity of the Description of Respondents: Business Title: Operating Reports for methodology and assumptions used; (c) or other for profit. Telecommunications and Broadband ways to enhance the quality, utility and Number of Respondents: 652. Borrowers. clarity of the information to be Frequency of Responses: Reporting: OMB Control Number: 0572–0031. collected; (d) ways to minimize the On occasion. Summary of Collection: The Rural burden of the collection of information Total Burden Hours: 133. Utilities Service’s (RUS) is a credit on those who are to respond, including agency of the Department of Ruth Brown, through the use of appropriate Agriculture. The Rural Electrification automated, electronic, mechanical, or Departmental Information Collection Act of 1936, as amended (RE Act) (7 Clearance Officer. other technological collection U.S.C. 901 et seq. ) authorizes the techniques or other forms of information [FR Doc. E6–6087 Filed 4–21–06; 8:45 am] Secretary to make mortgage loans and technology should be addressed to: Desk BILLING CODE 3410–30–P loan guarantees to finance electric, Officer for Agriculture, Office of telecommunications, broadband, and Information and Regulatory Affairs, water and waste facilities in rural areas. DEPARTMENT OF AGRICULTURE Office of Management and Budget In addition to providing loans and loan _ (OMB), OIRA [email protected] Submission for OMB Review; guarantees, one of RUS’ main objectives or fax (202) 395–5806 and to Comment Request is to safeguard loan security until the Departmental Clearance Office, USDA, loan is repaid. The RE Act also OCIO, Mail Stop 7602, Washington, DC April 20, 2006. authorizes the Secretary to make 20250–7602. Comments regarding these The Department of Agriculture has studies, investigations, and reports information collections are best assured submitted the following information concerning the progress of borrowers’ of having their full effect if received collection requirement(s) to OMB for furnishing of adequate telephone service within 30 days of this notification. review and clearance under the and publish and disseminate this Copies of the submission(s) may be Paperwork Reduction Act of 1995, information. obtained by calling (202) 720–8958. Public Law 104–13. Comments Need and Use of the Information: An agency may not conduct or regarding (a) Whether the collection of Information from the Operating Report sponsor a collection of information information is necessary for the proper for both telecommunication and unless the collection of information performance of the functions of the broadband borrowers provides RUS displays a currently valid OMB control agency, including whether the with vital financial information needed number and the agency informs information will have practical utility; to ensure the maintenance of the

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security for the Government’s loans and 20250–7602. Comments regarding these Total Burden Hours: 307. service data which enables RUS to information collections are best assured Charlene Parker, ensure the provision of quality of having their full effect if received telecommunications and broadband within 30 days of this notification. Departmental Information Collection Clearance Officer. service as mandated by the RE Act of Copies of the submission(s) may be 1936. Form 674, ‘‘Certificate of obtained by calling (202) 720–8681. [FR Doc. E6–6089 Filed 4–21–06; 8:45 am] Authority to Submit or Grant Access to An agency may not conduct or BILLING CODE 3410–KD–P Data’’ will allow telecommunication sponsor a collection of information and broadband borrowers to file unless the collection of information DEPARTMENT OF AGRICULTURE electronic Operating Reports with the displays a currently valid OMB control agency using the new USDA Data number and the agency informs Agricultural Marketing Service Collection System. Accompanied by a potential persons who are to respond to Board Resolution, it will identify the the collection of information that such [Doc. No. TM–06–05] name and USDA eAuthentication ID for persons are not required to respond to Nominations for Members of the a certifier and security administrator the collection of information unless it National Organic Standards Board that will have access to the system for displays a currently valid OMB control purposes of filing electronic Operating number. AGENCY: Agricultural Marketing Service, Reports. USDA. Grain Inspection, Packers and Description of Respondents: Business ACTION: Notice. or other for-profit; Not-for-profit Stockyard Administration institutions. Title: Survey of Customers of the SUMMARY: The Organic Foods Number of Respondents: 1,290. Official Grain Inspection and Weighing Production Act (OFPA) of 1990, as Frequency of Responses: Reporting: System. amended, requires the establishment of On occasion; quarterly; annually. OMB Control Number: 0580–0018. a National Organic Standards Board Total Burden Hours: 3,643. Summary of Collection: The United (NOSB). The NOSB is a 15-member Charlene Parker, States Grain Standards Act, as amended board that is responsible for developing Departmental Information Collection (7 U.S.C. 71–87) (USGSA), and the and recommending to the Secretary a Clearance Officer. Agricultural Marketing Act of 1946, as proposed National List of Approved and [FR Doc. E6–6088 Filed 4–21–06; 8:45 am] amended (7 U.S.C. 1621–1627) (AMA), Prohibited Substances. The NOSB also advises the Secretary on other aspects of BILLING CODE 3410–15–P authorizes the Secretary of the United States Department of Agriculture to the National Organic Program. The U.S. establish official inspection, grading, Department of Agriculture (USDA) is DEPARTMENT OF AGRICULTURE and weighing programs for grains and requesting nominations to fill four (4) other agricultural commodities. Under upcoming vacancies on the NOSB. The Submission for OMB Review; the USGSA and AMA, Grain Inspection, positions to be filled are: Organic Comment Request Packers and Stockyard Administration handler (1 position), scientist (1 position), consumer public interest (1 April 19, 2006. (GIPSA’s) Federal Grain Inspection Service (FGIS) offers inspecting, position), and an environmentalist (1 The Department of Agriculture has position). The Secretary of Agriculture submitted the following information weighing, grading, quality assurance, and certification services for a user-fee will appoint a person to each position collection requirement(s) to OMB for to serve a 5-year term of office that will review and clearance under the to facilitate the efficient marketing of commence on January 24, 2007, and run Paperwork Reduction Act of 1995, grain, oilseeds, rice, lentils, dry peas, until January 24, 2012. USDA Public Law 104–13. Comments edible beans, and related agricultural encourages eligible minorities, women, regarding (a) Whether the collection of commodities in the global marketplace. and persons with disabilities to apply information is necessary for the proper The goal of FGIS and the official for membership on the NOSB. performance of the functions of the inspection, grading, and weighing agency, including whether the system is to provide timely, high- DATES: Written nominations, with cover information will have practical utility; quality, accurate, consistent, and letters and resumes, must be post- (b) the accuracy of the agency’s estimate professional service that facilitates the marked on or before July 14, 2006. of burden including the validity of the orderly marketing of grain and related ADDRESSES: Nominations should be sent methodology and assumptions used; (c) commodities. FGIS will collect to Ms. Katherine E. Benham, Advisory ways to enhance the quality, utility and information using a survey. Board Specialist, USDA–AMS–TMP– clarity of the information to be Need and Use of the Information: NOP, 1400 Independence Avenue, SW., collected; (d) ways to minimize the FGIS will collect information to Room 4008–So., Ag Stop 0268, burden of the collection of information determine where and to what extent Washington, DC 20250. on those who are to respond, including services are satisfactory, and where and FOR FURTHER INFORMATION CONTACT: Ms. through the use of appropriate to what extent they can be improved. Katherine E. Benham, (202) 205–7806; automated, electronic, mechanical, or The information will be shared with E-mail: [email protected]; other technological collection other managers and program leaders Fax: (202) 205–7808. techniques or other forms of information who will be responsible for making any SUPPLEMENTARY INFORMATION: The OFPA technology should be addressed to: Desk necessary improvements at the office/ of 1990, as amended (7 U.S.C. 6501 et Officer for Agriculture, Office of agency, program, and project level. seq.), requires the Secretary to establish Information and Regulatory Affairs, Description of Respondents: Business an organic certification program for Office of Management and Budget or other for-profit; State, local or tribal producers and handlers of agricultural (OMB), [email protected] government. products that have been produced using or fax (202) 395–5806 and to Number of Respondents: 1,840. organic methods. In developing this Departmental Clearance Office, USDA, Frequency of Responses: Reporting: program, the Secretary is required to OCIO, Mail Stop 7602, Washington, DC Annually. establish an NOSB. The purpose of the

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NOSB is to assist in the development of nomination process have been Keeney, serves as the Committee’s a proposed National List of Approved previously cleared by the Office of Executive Secretary. Representatives and Prohibited Substances and to advise Management and Budget (OMB) under from USDA mission areas and other the Secretary on other aspects of the OMB Control No. 0505–0001. government agencies affecting the fruit National Organic Program. Dated: April 18, 2006. and vegetable industry will be called The NOSB made recommendations to upon to participate in the Committee’s the Secretary regarding the Lloyd C. Day, Administrator, Agricultural Marketing meetings to the public so that they may establishment of the initial organic attend and present their program. It is anticipated that the NOSB Service. recommendations. Reference the date will continue to make recommendations [FR Doc. E6–6075 Filed 4–21–06; 8:45 am] and address section of this on various matters, including BILLING CODE 3410–02–P recommendations on substances it announcement for the time and place of believes should be allowed or the meeting. prohibited for use in organic production DEPARTMENT OF AGRICULTURE Topics of discussion at the advisory and handling. Agricultural Marketing Service committee meeting will include: the The NOSB is composed of 15 Speciality Crop Block Grant Program; members; 4 organic producers, 2 organic [Docket No. FV–06–377] sustainable agriculture; U.S. produce handlers, a retailer, 3 environmentalists, industry labor and immigration issues; Fruit and Vegetable Industry Advisory 3 public/consumer representatives, a the Women, Infants and Children (WIC) Committee scientist, and a certifying agent. program; the 2007 Farm Bill; state and Nominations are being sought to fill the AGENCY: Agricultural Marketing Service, federal minimum quality requirements following four (4) upcoming NOSB USDA. and grade standards; and overviews of vacancies: Organic handler (1 position), ACTION: Notice of public meeting. the Perishable Agricultural scientist (1 position), consumer public Commodities Act (PACA) program and interest (1 position), and an SUMMARY: The purpose of this notice is government support of Produce for environmentalist (1 position). to notify all interested parties that the Better Health Foundation initiatives. Individuals desiring to be appointed to Agricultural Marketing Service (AMS) the NOSB at this time must be either an will hold a Fruit and Vegetable Industry Those parties that would like to speak owner or operator of a certified organic Advisory Committee (Committee) at the meeting should register on or handling operation; an individual with meeting that is open to the public. The before June 16, 2006. To register as a expertise in areas of environmental U.S. Department of Agriculture (USDA) speaker, please e-mail your name, protection and resource conservation; established the Committee to examine affiliation, business address, e-mail an individual with expertise in the the full spectrum of issues faced by the address, and phone number to Mr. fields of toxicology, ecology, or fruit and vegetable industry and to Andrew Hatch at: biochemistry; or an individual who provide suggestions and ideas to the [email protected] or facsimile to represents public interest or consumer Secretary of Agriculture on how USDA (202) 720–0016. Speakers who have interest groups. Selection criteria will can tailor its programs to meet the fruit registered in advance will be given include such factors as: Demonstrated and vegetable industry’s needs. This priority. Groups and individuals may experience and interest in organic notice sets forth the schedule and submit comments for the Committee’s production, organic certification, location for the meeting. support of consumer and public interest consideration to the same e-mail DATES: Tuesday, June 27, 2006, from 8 organizations; demonstrated experience address. The meeting will be recorded, a.m. to 5 p.m., and Wednesday, June 28, and information about obtaining a with respect to agricultural products 2006, from 8 a.m. to 2 p.m. produced and handled on certified transcript will be provided at the ADDRESSES: organic farms; and such other factors as The Committee meeting meeting. will be held at the Holiday Inn Capitol, may be appropriate for specific The Secretary of Agriculture selected 550 C Street, SW., Washington, DC. positions. a diverse group of members representing FOR FURTHER INFORMATION CONTACT: Nominees will be supplied with a a broad spectrum of persons interested Andrew Hatch, Designated Federal biographical information form that must in providing suggestions and ideas on Official, USDA, AMS, Fruit and be completed and returned to USDA how USDA can tailor its programs to Vegetable Programs. Telephone: (202) within 10 working days of its receipt. meet the fruit and vegetable industry’s Completed biographical information 690–0182. Facsimile: (202) 720–0016. e- mail: [email protected]. needs. Equal opportunity practices were forms are required for a nominee to considered in all appointments to the receive consideration for appointment SUPPLEMENTARY INFORMATION: Pursuant Committee in accordance with USDA by the Secretary. to the Federal Advisory Committee Act Equal opportunity practices will be (FACA) (5 U.S.C. App. II), the Secretary policies. followed in all appointments to the of Agriculture established the If you require special NOSB in accordance with USDA Committee in August 2001 to examine accommodations, such as a sign policies. To ensure that the members of the full spectrum of issues faced by the language interpreter, please contact the the NOSB take into account the needs fruit and vegetable industry and to person listed under FOR FURTHER of the diverse groups that are served by provide suggestions and ideas to the INFORMATION CONTACT. the Department, membership on the Secretary on how USDA can tailor its Dated: April 18, 2006. NOSB will include, to the extent programs to meet the fruit and vegetable practicable, individuals who industry’s needs. The Committee was Lloyd Day, demonstrate the ability to represent rechartered in July 2003 and again in Administrator, Agricultural Marketing minorities, women, and persons with June 2005 with new members appointed Service. disabilities. by USDA from industry nominations. [FR Doc. 06–3846 Filed 4–21–06; 8:45 am] The information collection AMS Deputy Administrator for Fruit BILLING CODE 3410–02–M requirements concerning the and Vegetable Programs, Robert C.

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DEPARTMENT OF AGRICULTURE being proposed, justification for the the deadline will not be evaluated by change, and any reference material the technical review panel and will not Agricultural Research Service which the user would like to provide as be considered for funding. All awards background information. Name, e-mail will be made and agreements completed National Agricultural Library; Notice of and phone components are mandatory. no later than September 30, 2006. Intent To Seek Approval To Collect Estimate of Burden: Public reporting Overview: The purpose of the Risk Information burden for this collection of information Management Research Partnerships is to AGENCY: Agricultural Research Service, is estimated to average 10 minutes per fund the development of non-insurance National Agricultural Library, USDA. response. risk management tools that will be ACTION: Notice and request for Respondents: The agricultural utilized by agricultural producers to comments. community, USDA personnel and their assist them in mitigating the risks cooperators, including, public and inherent in agricultural production. The SUMMARY: In accordance with the private users, or providers of proposal must address the objectives Paperwork Reduction Act of 1995 (Pub. agricultural information. listed in part I.D. In conducting L. 104–13) and Office of Management Estimated Number of Respondents: activities to achieve the purpose of this and Budget (OMB) regulations at 5 CFR 100 per year. proposed research, the recipient will be part 1320 (60 FR 44978, August 29, Estimated Total Annual Burden on responsible for the activities listed 1995), this notice announces the Respondents: 1000 minutes. under section II.A.1 of this part. RMA will be responsible for the activities National Agricultural Library’s (NAL) Comments intent to request renewal for an listed under section II.A.2 of this part. information collection from the Comments are invited on (a) Whether In addition, all proposals must clearly Technical Services Division to obtain the proposed collection of information demonstrate the usefulness and benefits suggestions for additions/changes to the is necessary for the proper performance of the tool to producers of priority NAL Agricultural Thesaurus. of the functions of the agency, including commodities and provide a plan for on- DATES: Comments on this notice must be whether the information will have going maintenance and support as received by June 28, 2006 to be assured practical utility; (b) the accuracy of the described in part III.C.2. Approximately of consideration. agency’s estimate of the burden of the $4 million is available to fund an proposed collection of information, ADDRESSES: Address all comments undetermined number of partnerships. concerning this notice to Lori Finch, including the validity of the Projects may be funded for a period of Thesaurus Coordinator, 10301 Baltimore methodology and the assumptions used; up to three years. Applications are Ave., Room 011; Beltsville, MD 20705; (c) ways to enhance the quality, utility, accepted from public and private Phone: 301–504–6853; Fax: 301–504– and clarity of the information to be entities; individuals are not eligible to 5213. Submit electronic comments to collected; and (d) ways to minimize the apply. No cost sharing by the applicant [email protected]. burden of the collection of information is required. There are no limitations on on those who respond, including the the number of applications each SUPPLEMENTARY INFORMATION: use of appropriate automated, applicant may submit. Title: Suggestions for Changes to NAL electronic, mechanical, or other Agricultural Thesaurus Form. technology. Comments should be sent to I. Funding Opportunity Description OMB Number: 0518–0035. the address in the preamble. All Expiration Date: 10/31/2006. A. Background responses to this notice will be Type of Request: Approval for The Risk Management Agency (RMA), summarized and included in the request renewal of data collection. on behalf of the Federal Crop Insurance for Office of Management and Budget Abstract: The collection of Corporation (FCIC), is committed to (OMB) approval. All comments will suggestions for changes to the NAL meeting the risk management needs and become a matter of public record. Agricultural Thesaurus will provide improving or developing risk Web site users with the opportunity to Dated: April 6, 2006. management tools for the nation’s suggest the addition of new terminology Antoinette Betschart, farmers and ranchers. It does this by of interest to them. The Thesaurus Staff Associate Administrator, ARS. offering Federal crop insurance and will review the suggestion via a [FR Doc. E6–6029 Filed 4–21–06; 8:45 am] other risk management products and Proposal Review Board and provide BILLING CODE 3410–03–P tools through a network of private-sector feedback to the user. This form will entities and by overseeing the creation provide the NAL Thesaurus Staff with of new products, seeking enhancements valuable suggestions to improve the DEPARTMENT OF AGRICULTURE in existing products, and by expanding content and organization of the NAL the use of a variety of risk management Agricultural Thesaurus. It is hoped that Federal Crop Insurance Corporation tools. Risk management tools include a an online form that is readily available variety of risk management options and to users who search the thesaurus Request for Applications (RFA): strategies developed to assist producers would encourage users to submit their Research and Development Risk in mitigating the risks inherent in ideas and needs for terminology. Management Research Partnerships agricultural production. For the The Suggestions for Changes to NAL Announcement Type: Notice of purposes of this announcement, risk Agricultural Thesaurus Form is a availability of funds and request for management tools do not include document comprised of 8 inquiry application for risk management insurance products, plans of insurance, components where users submit research partnerships. policies, modifications thereof or any suggestions for changes to the thesaurus. related material. Information to be submitted includes, Catalog of Federal Domestic Assistance user contact information (name, Number (CFDA): 10.456. B. Purpose affiliation, e-mail, phone), their Dates: The closing date and time for The purpose of this program is to proposed change to the thesaurus, the receipt of an application is 5 p.m. CDT, fund partnership agreements that assist field of study or subject area of the term June 8, 2006. Applications received after producers, minimize their production

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risks, and/or develop risk management meant to be exhaustive. Applicants may requested will be required to modify tools. The agreements are for the propose other topics within any project their application to conform to the development of risk management tools objective but justification for those reduced amount before execution of the for use directly by agricultural topics must be provided. partnership agreement. No maximum or producers. To aid in meeting these goals RMA encourages proposals that minimum funding levels have been each partnership agreement awarded address multiple risks and will result in established for individual projects. All through this program will provide the the development of tools that provide an awards will be made and agreements recipient with funds, guidance, and the integrated or holistic approach to risk completed no later than September 30, substantial involvement of RMA to carry mitigation. Preference will be given to 2006. out these risk management initiatives. such proposals. Recipients of awards must Applications requesting funding for the Proposals may address multiple demonstrate non-financial benefits from development of insurance products, objectives, but each proposal must a partnership agreement and must agree plans of insurance, policies, specify a single primary objective for to substantial involvement of RMA in modifications thereof or related funding purposes. the project. materials are excluded from In order of priority, the project 1. Recipient Activities consideration under this announcement. objectives are: The applicant will be required to C. Authorization 1. To develop risk management tools that would provide producers facing perform the following activities: In accordance with section 522(d) of reduced water allocations with the a. Finalize, in cooperation with RMA, the Federal Crop Insurance Act (Act), information needed for one or more of the partnership agreement. FCIC announces the availability of the following: Determining the amount b. Finalize, in cooperation with RMA, funding for risk management research of acres that could be planted and the plan to administer, maintain and activities. Priority will be given to those irrigated; determining expected yield update the risk management tool in the activities addressing the need for risk reductions associated with reduced future. The applicant must develop a management tools for producers of the irrigation water application; plan for the delivery of the risk following agricultural commodities (For determining expected water deliveries management tool to producers and the purposes of this announcement, these for making planting decisions. ongoing maintenance and support of the commodities are collectively referred to 2. To develop risk management tools risk management tool, including how as ‘‘Priority Commodities’’): to assist producers (including livestock) the applicant will fund the delivery, • Agricultural commodities covered in finding alternative products, support, maintenance and updating of by section 196 of the Agricultural techniques or strategies related to the tool to maintain its applicability, Market Transition Act (7 U.S.C. 7333) disease management. benefits, usefulness, and value to (Noninsured Assistance Program 3. To develop risk management tools producers. The applicant must also (NAP)). Commodities in this group are to assist producers in finding alternative deliver the risk management tool to commercial crops that are not covered products, techniques or strategies producers and support, maintain and by catastrophic risk protection crop related to pest mitigation under various update the tool as applicable. insurance, are used for food or fiber farming practices. c. Define non-financial benefits and (except livestock), and specifically 4. To develop risk management tools the substantial involvement of the RMA. include, but are not limited to, encouraging self-protection for d. Coordinate, manage, document and floricultural, ornamental nursery, production agricultural enterprises implement the timely completion of the Christmas trees, turf grass sod, vulnerable to losses due to terrorism. approved research and development aquaculture (including ornamental fish), activities. and industrial crops. II. Award Information e. Abide by the plans and provisions • Specialty crops. Commodities in A. Award Description contained in the partnership agreement. this group may be covered under a f. Report on program performance in Federal crop insurance plan and Approximately $4 million is available accordance with the partnership include, but are not limited to, fruits, for partnership agreements that will agreement. vegetables, tree nuts, syrups, honey, fund the development of risk g. The recipient may be required to roots, herbs, and highly specialized management tools. Awards under this make a presentation to the FCIC Board varieties of traditional crops. program will be made on a competitive of Directors. • Underserved commodities. This basis. Projects may be funded for a h. Adhere to RMA guidelines for group includes: (a) Commodities, period of up to three years for the systems development and information including livestock that are covered by activities described in this technology development. a Federal crop insurance plan but for announcement. Projects can also be in which participation in an area is below two parts with the first part including 2. RMA Activities the national average; and (b) the research and feasibility studies and RMA will be substantially involved commodities, including livestock, with the second part including the during the performance of the funded inadequate crop insurance coverage. development, implementation, delivery activity. Potential types of substantial and maintenance of the risk involvement may include, but are not D. Objectives management tool. If the development of limited to the following activities: The project objectives listed below the tool is determined not to be feasible, a. Collaborate on the research plan; highlight the research priorities of RMA. the partnership may be terminated by b. Assist in the selection of The objectives are listed in priority RMA after completion of the first part subcontractors and project staff; order, with the most important objective with funding reduced accordingly. c. Review and approve critical stages designated as 1, the second most There is no commitment by RMA to of project development before important designated as 2, etc. The fund any particular project or to make subsequent stages may be started; order of priority will be considered in a specific number of awards. Applicants d. Provide assistance in the making awards. The suggested emphasis awarded a partnership agreement for an management or technical performance discussed within each objective is not amount that is less than the amount of the project;

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e. Collaborate with the recipient in tool, such as a market analysis, or www.rma.usda.gov. Applicants may the development of materials associated communications from producers or also request an application package with the funded project, as it relates to producer organizations expressing a from: RMA/RED Partnership Agreement publication or presentation of the need for the proposed tool. The Program, USDA, RMA/RED, 6501 results and the distribution of the risk proposal must also clearly define how Beacon Drive, Stop 0813, Kansas City, management tools to the public, any the proposed tool will meet the needs of Missouri 64133–4676, phone: (816) producer groups, RMA, and the FCIC the producer groups identified. Refer to 926–6343, fax: (816) 926–7343, e-mail: Board of Directors; part V.A.3 for the review and selection RMA.Research.Application f. Assist in the collection of data and process. @rma.usda.gov. information that may be available in 2. If the project proposed for Completed and signed application RMA databases; development requires ongoing packages must be sent to: RMA/RED g. Collaborate with the recipient in maintenance, support and delivery to Partnership Agreement Program, USDA, the development of a proposal to producers beyond the development RMA/RED, 6501 Beacon Drive, Stop administer, maintain and update the stage, the applicant must submit a plan 0813, Kansas City, Missouri 64133– risk management tool in the future. to continue the maintenance, support 4676. Applicants are encouraged to h. Similar types of activities. and delivery of the tool without relying submit completed and signed B. Other Activities on RMA’s resources. If the applicant application packages using overnight does not plan to directly support, mail or delivery service, or electronic In addition to the specific activities maintain and deliver the tool using non- submission to ensure timely receipt by listed above, the applicant may suggest award funds after the development the USDA. Applicants using the U.S. other activities that would contribute period funded by this award is Postal Service should allow for extra directly to the purpose of this program. completed, then the proposal should security-processing time for mail For any additional activity suggested, identify a third party sponsor who will delivered to government offices. the applicant should identify the do so. For example, if a proposed tool objective of the activity, the specific B. Content and Form of Application would require constant updating of data tasks required to meet the objective, Submission and availability on a website in order to specific timelines for performing the be utilized by producers, then a sponsor If submitting a hardcopy application, tasks, and specific responsibilities of the should be identified that would be able a complete and valid application partners. The applicant should also to provide the funds necessary to package must include an original, identify specific ways in which RMA maintain and host the tool. Third party twelve complete paper copies are could or should have substantial sponsors may include government requested, three copies are required, and involvement in that activity. agencies, grower organizations, industry one copy (Microsoft Word format III. Eligibility Information organizations, private sector entities, preferred) of the application package on diskette or compact disc, and: A. Eligible Applicants etc. If the tool proposed does not require support, maintenance, updating or 1. A completed and signed OMB Proposals are invited from qualified revisions to maintain applicability or Standard Form 424, ‘‘Application for public and private entities. Eligible value or does not require continued Federal Assistance’’. applicants include colleges and delivery to producers, the proposal 2. A completed and signed OMB universities, Federal, State, and local should so state and provide the basis Standard Form 424–A, ‘‘Budget agencies, Native American tribal why such actions are not required. Refer Information—Non-construction organizations, non-profit and for-profit to part V.A.4 for the review and Programs’’. Reviewers will need private organizations or corporations, selection process. sufficient information to effectively and other entities. Individuals are not 3. Applicants must be able to evaluate the budget. Indirect cost for eligible applicants. demonstrate they will receive non- projects submitted in response to this Although an applicant may be eligible financial benefits as a result of the solicitation are limited to 10 percent of to compete for an award based on its partnership agreement. Non-financial the total direct cost of the agreement. A status as an eligible entity, other factors benefits must accrue to the applicant sample budget narrative, including may exclude an applicant from and must include more than the ability suggestions for format and content, is receiving Federal assistance under this to provide income to the applicant or for available on the RMA Web site (http:// program (e.g. debarment and the applicant’s employees or the www.rma.usda.gov) or upon request. suspension; a determination of non- community. The applicant must 3. A completed and signed OMB performance on a prior contract, demonstrate that performance under the Standard Form 424–B, ‘‘Assurances, cooperative agreement, grant or partnership agreement will further the Non-construction Programs’’. 4. A statement of the non-financial partnership; a determination of a specific mission of the applicant (such benefits of any partnership agreement to violation of applicable ethical as providing research or activities the recipient. (Refer to Part II.B ‘‘Non- standards). necessary for graduate or other students financial Benefits’’). B. Cost Sharing or Matching to complete educational programs or 5. A completed Form R&D–1, ‘‘Title benefits derived through the furtherance Cost sharing, matching, in-kind Page and Proposal Summary.’’ Each of an organization’s mission). Refer to contributions, or cost participation is proposal must specify the single part V.A.2 for evaluation criteria. not required. primary objective for evaluation and IV. Application and Submission funding purposes. The same or similar C. Other Information proposals cannot be submitted multiple 1. Applicants must demonstrate the times with different primary objectives usefulness of the proposed risk A. Address To Request Application specified. If the same or similar management tool and the benefits of the Package proposals are submitted, the first tool to producers of priority Applicants may download an received will be the only one evaluated commodities. Applicants must include application package from the Risk 6. A proposal narrative submitted information supporting the need for the Management Agency Web site at: http:// with the application package should be

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limited to 10 single-sided pages. compact disk must be submitted in one is not indicated on an application, Reviewers will need sufficient package at the time of initial receipt will be acknowledged by letter. information to effectively evaluate the submission. There will be no notification of application under the criteria contained 2. If submitting the application via incomplete, unqualified or unfunded in part V. A sample narrative, including regular mail all applications must be applications until the awards have been suggestions for format and content, is submitted and received by the deadline. made. available on the RMA Web site (http:// Applications that do not meet all of the When received by RMA, applications www.rma.usda.gov) or upon request. requirements in this announcement are 7. An appendix containing any considered incomplete applications. will be assigned an identification attachments that may support Late or incomplete applications will not number. This number will be information in the narrative (Optional). be considered in this competition and communicated to applicants in the 8. A completed Form R&D–2, will be returned to the applicant. acknowledgement of receipt of ‘‘Statement of Work.’’ 3. Applications will be considered as applications. An application If submitting the above materials meeting the announced deadline if they identification number should be electronically, as described in the RMA are received in the mailroom at the referenced in all correspondence website, copies of the submission will address stated above in section IV.A., on regarding the application. If the not be required. Applicants are or before the deadline. Applicants are applicant does not receive an responsible for ensuring the application cautioned that express, overnight mail acknowledgement within 15 days of the materials are received by the closing or other delivery services do not always submission deadline, the applicant date. Incomplete application packages deliver as agreed. Applicants are should contact the Research and will not receive further consideration. responsible for mailing applications Development Division at (816) 926– well in advance, to ensure that 6343. C. Submission Dates and Times applications are received on or before The closing date and time for receipt the deadline time and date. Applicants V. Application Review Information should be aware that there may be of an application is 5 p.m. CDT, June 8, A. Criteria 2006. Applications received after the significant delays in delivery if deadline will not be evaluated by the applications are mailed using the U.S. 1. Research Objectives—Maximum 30 technical review panel and will not be Postal Service due to the additional Points considered for funding. security measures that mail delivered to government offices now requires. The application must receive a D. Funding Restrictions Applicants should take this into account minimum score of 20 points under this No maximum or minimum funding because failure of such delivery services criterion in order to be considered for levels have been established for will not extend the deadline. further evaluation and funding. individual projects or for categories of 4. Address when using U.S. Postal Applications receiving less than 20 objectives. The funding level by Service: USDA, RMA/RED, 6501 Beacon points will be eliminated and will not category of objective will be determined Drive, Stop 0813, Kansas City, Missouri be evaluated under criterion 2 through by FCIC. Indirect cost for projects 64133–4676. 4. submitted in response to this Electronic Submissions The proposal must clearly define the solicitation are limited to 10 percent of Applications transmitted development, management and total direct cost of the agreement. Each implementation of a risk management project may be funded for a period of up electronically via Grants.gov will be accepted prior to the application date or tool designed to meet the needs of to three years for the activities described producers under the objectives listed in in this announcement. time deadline. The application package part I.D. A proposal that best meets the Partnership agreement funds may not can be accessed via Grants.gov: go to objectives and addresses multiple risks be used to: http://www.grants.gov, click on ‘‘Find that result in the development of tools 1. Plan, repair, rehabilitate, acquire, or Grant Opportunities,’’ then click on construct a building or facility including ‘‘Search Grant Opportunities,’’ and enter that provide an integrated or holistic a processing facility; the CFDA number (located at the approach to risk mitigation will be given 2. To purchase, rent, or install fixed beginning of this RFA) to search by the highest score. The proposal will be equipment; CFDA number. From the search results, reviewed to determine if it is similar to 3. Repair or maintain privately owned select the item that correlates to the title a project that has been funded, has been vehicles; of this RFA. If you do not have recommended for funding, or is 4. Pay for the preparation of the electronic access to the RFA or have currently under development through partnership application; trouble downloading material and you other means. would like a hardcopy, or have any 5. Fund political activities; 2. Indication of RMA Involvement and 6. Pay costs incurred prior to questions you may contact Kristin Chow, USDA, RMA/RED, 6501 Beacon Non-Financial Benefits—Maximum 10 receiving this partnership agreement; Points 7. Fund any activities prohibited in 7 Drive, Stop 0813, Kansas City, Missouri 64133–4676, phone (816) 926–6399, fax CFR parts 3015 and 3019, as applicable. The proposal clearly indicates areas of (816) 926–7343, e-mail: E. Other Submission Requirements RMA.Research.Application substantial involvement by RMA and @rma.usda.gov. clearly indicates benefits derived from Mailed Submissions the partnership that extend beyond the 1. If submitting the application via F. Acknowledgement of Application financial benefits or funding of the regular mail, an original and twelve (12) Receipt of applications will be research proposal. Those proposals that paper copies are requested, three copies acknowledged by e-mail, whenever clearly outline the involvement of RMA are required, of the complete and signed possible. Therefore, each applicant is in all aspects of the project and application, and one copy (Microsoft encouraged to provide an e-mail address demonstrate non-financial benefits will Word format preferred) on diskette or in the application. If an e-mail address receive the highest score.

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3. Research Approach, Methodology, 20 points under this criterion in order applicant after the review and awards Development and Implementation— to be to be evaluated further. process has been completed. Maximum 45 Points Third, all applications scoring the 2. Notification of Partnership Agreement required 20 points will be evaluated The proposal clearly demonstrates a Awards and Notification of Non- further under parts V.A.2 through 4. Selection sound research approach and defines For the second and third steps, a the methodology to be used as well as review panel will consider all Following approval of the describes the development and applications that are complete and meet applications selected for funding, notice implementation of the risk management the objectives in part I.D. and all other of project approval and authority to tool. The proposal must clearly requirements in this announcement. draw down funds will be made to the demonstrate the usefulness of the tool The panel will review the merits of the selected applicants in writing. Within and the benefits of the tool to producers applications. The evaluation of each the limit of funds available for such of priority commodities and application will be conducted by a purpose, the awarding official of RMA demonstrate that there is a reasonable panel of not less than three independent shall enter into partnership agreements expectation that the tool will actually be reviewers. The panel will be comprised with those applicants whose used by a substantial number of such of representatives from USDA, other applications are judged to be most producers. The plan will be evaluated to Federal agencies, and others meritorious under the procedures set ensure that the risk management tool representing public and private forth in this announcement. The partnership agreement provides the can be delivered to producers and will organizations, as needed. The narrative amount of Federal funds for use in the be supported, maintained, updated or and any appendixes provided by each project period, the terms and conditions revised as necessary. Proposals that applicant will be used by the review of the award, and the time period for the demonstrate a clear, concise and panel to evaluate the merits of the project. generally accepted research project that is being proposed for methodology and innovative approach The effective date of the partnership funding. The panel will examine and agreement shall be the date the will receive the highest number of score applications based on the points. agreement is executed by both parties. evaluation criteria and weights All funds provided to the applicant by 4. Management and Plan for contained in part V.A. The identities of FCIC must be expended solely for the Maintenance and Support—Maximum review panel members will remain purpose for which funds are obligated 15 Points confidential throughout the entire in accordance with the approved review process and will not be released application and budget, the regulations, The proposal clearly demonstrates the to applicants. applicant’s ability and resources to the terms and conditions of the award, In order to be considered for funding, and the applicability of Federal cost coordinate and manage all aspects of the a proposal must score at least 75 points. proposed research project. Applicants principles. No commitment of Federal For the last step, those applications assistance beyond the project period is must provide a detailed budget meeting the minimum number of points summary that clearly explains and made or implied, as a result of any will be listed in initial rank order by award made pursuant to this justifies costs associated with the objective. The highest-ranking proposal project. The applicant must submit a announcement. for each objective will be funded in the Notification of denial of funding will plan, if necessary, to continue the order of priority (the highest ranking maintenance, support and delivery of be sent to applicants after final funding proposal meeting objective 2 will be decisions have been made. Reasons for the tool without relying on RMA’s funded second, etc.). It is possible that resources. The applicant whose denial of funding can include funds could be exhausted before incomplete proposals, proposals that approach is the most cost effective and funding projects for every objective. If optimizes the use and effective did not meet the objectives, scored low there are funds remaining, the process or were duplicative. application of the funding will receive will be repeated until the funds are the highest score. obligated. The projects proposed for 3. Confidential Aspects of Proposals and B. Review and Selection Process funding will be presented, along with Awards funding level recommendations, to the When an application results in a Each application will be evaluated Manager of FCIC, who will make the partnership agreement, it becomes a part using a four-part process. First, each final decision on awarding of a of the official record of RMA application will be screened by RMA to partnership agreement. transactions, available to the public ensure that each proposal specifies a If the Manager of FCIC determines upon specific request. Information that single primary objective for evaluation that any application is sufficiently the Secretary of Agriculture determines and funding purposes and the proposal similar to a project that has been funded to be of a confidential, privileged, or meets an objective stated in part I.D. or has been recommended to be funded proprietary nature will be held in The same or similar proposals cannot be under this announcement or any other confidence to the extent permitted by submitted multiple times with different research and development program, law. Therefore, any information that the primary objectives specified. If the same then the Manager may elect to not fund applicant wishes to be considered or similar proposals are submitted, the that application in whole or in part. confidential, privileged, or proprietary first received will be the only one should be clearly marked within the evaluated. Applications that do not VI. Award Administration Information application, including the basis for such meet an objective stated in part I.D. and A. Administrative and National Policy designation. The original copy of a all other requirements in this Requirements proposal that does not result in an announcement or are incomplete, will award will be retained by RMA for a not receive further consideration. 1. Access to Panel Review Information period of one year. Other copies will be Second, all eligible applications will Upon written request, scores from the destroyed. Such a proposal will be be evaluated using the criterion in part evaluation panel, not including the released only with the express written V.A.1. Applications must score at least identity of reviewers, will be sent to the consent of the applicant or to the extent

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required by law. A proposal may be assure USDA and RMA that the www.grants.gov. Please note that the withdrawn at any time prior to award. recipient is in compliance with and will registration may take up to 14 business The names of applicants, the names of continue to comply with Title VI of the days to complete. individuals identified in the Civil Rights Act of 1964 (42 U.S.C. B. Required Registration With the applications, the content of 2000d et seq.), 7 CFR part 15, and USDA Central Contract Registry for applications, and the panel evaluations regulations promulgated under, 7 CFR Submission of Proposals of applications will all be kept 1901.202. RMA requires that recipients confidential, except to those involved in submit Form RD 400–4, Assurance The Central Contract Registry (CCR) is the review process, to the extent Agreement (Civil Rights), assuring RMA a database that serves as the primary permitted by law. of this compliance prior to the Government repository for contractor beginning of the project period. information required for the conduct of 4. Administration business with the Government. This B. Reporting All partnership agreements are subject database will also be used as a central to 7 CFR part 3015. Applicants awarded a partnership location for maintaining organizational 5. Prohibitions and Requirements With agreement will be required to submit information for organizations seeking Regard to Lobbying quarterly written progress and financial and receiving grants from the reports (SF–269) throughout the project Government. Such organizations must Section 1352 of Public Law 101–121, period, as well as a final program and register in the CCR prior to the enacted on October 23, 1989, imposes financial report not later than 90 days submission of applications. A DUNS prohibitions and requirements for after the end of the project period. number is needed for CCR registration. disclosure and certification related to Recipients will be required to submit For information about how to register in lobbying on recipients of Federal prior to the award: the CCR, visit ‘‘Get Started’’ at http:// contracts, grants, cooperative • A completed and signed Form RD www.grants.gov. Allow a minimum of 5 agreements, and loans. It provides 400–4, Assurance Agreement (Civil business days to complete the CCR exemptions for Indian Tribes and tribal Rights). registration. organizations. Current and prospective • A completed and signed OMB recipients, and any subcontractors, are Signed in Washington, DC, on April 17, Standard Form LLL, ‘‘Disclosure of 2006. prohibited from using Federal funds, Lobbying Activities.’’ Eldon Gould, other than profits from a Federal • A completed and signed AD–1047, contract, for lobbying Congress or any Manager, Federal Crop Insurance ‘‘Certification Regarding Debarment, Corporation. Federal agency in connection with the Suspension and Other Responsibility [FR Doc. E6–6086 Filed 4–21–06; 8:45 am] award of a contract, grant, cooperative Matters—Primary Covered agreement, or loan. In addition, for each Transactions.’’ BILLING CODE 3410–08–P award action in excess of $100,000 • A completed and signed AD–1049, ($150,000 for loans) the law requires ‘‘Certification Regarding Drug-Free DEPARTMENT OF AGRICULTURE recipients and any subcontractors: (1) Workplace.’’ To certify that they have neither used • A completed and signed Faith- Forest Service nor will use any appropriated funds for Based Survey on EEO. payment of lobbyists; (2) to disclose the National Tree-Marking Paint Committee VII. Agency Contact name, address, payment details, and Meeting purpose of any agreements with If applicants have any questions they lobbyists whom recipients of their may contact: USDA, RMA/RED, 6501 AGENCY: Forest Service, USDA. subcontractors will pay with profits or Beacon Drive, Stop 0813, Kansas City, ACTION: Notice of meeting. other non-appropriated funds on or after Missouri 64133–4676, phone (816) 926– December 22, 1989; and (3) to file 6343, fax (816) 926–7343, e-mail: SUMMARY: The National Tree-marking quarterly up-dates about the use of RMA.Research.Application Paint Committee will meet in Eureka, lobbyists if material changes occur in @rma.usda.gov. California on May 16–18, 2006. The their use. The law establishes civil purpose of the meeting is to discuss penalties for non-compliance. All VIII. Other Information activities related to improvements in, recipients must provide a copy of the A. Dun and Bradstreet Data Universal concerns about, and the handling and certification and disclosure forms prior Numbering System (DUNS) use of tree-marking paint by personnel to the beginning of the project period. of the Forest Service and the A DUNS number is a unique nine- Department of the Interior’s Bureau of 6. Applicable OMB Circulars digit sequence recognized as the Land Management. All partnership agreements funded as universal standard for identifying and keeping track of over 70 million DATES: The meeting will be held May a result of this notice will be subject to 16–18, 2006, from 8 a.m. to 5 p.m. the requirements contained in all businesses worldwide. The Office of applicable OMB circulars. Management and Budget published a ADDRESSES: The meeting will be held at notice of final policy issuance in the the Red Lion Inn, 1929 Fourth Street, 7. Audit Requirements Federal Register June 27, 2003 (68 FR Eureka, California, 95501. Persons who Applicants awarded partnership 38402) that requires a DUNS number in wish to file written comments before or agreements are subject to audit. every application (i.e., hard copy and after the meeting must send written electronic) for a grant or cooperative comments to Bob Simonson, Acting 8. Requirement To Assure Compliance agreement on or after October 1, 2003. Chairman, National Tree-marking Paint With Federal Civil Rights Laws Therefore, potential applicants should Committee, Forest Service, USDA, San Project leaders of all partnership verify that they have a DUNS number or Dimas Technology and Development agreements funded as a result of this take the steps needed to obtain one. For Center, 444 East Bonita Avenue, San notice are required to know and abide information about how to obtain a Dimas, California 91773, or by Federal civil rights laws and to DUNS number, go to http:// electronically to [email protected].

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FOR FURTHER INFORMATION CONTACT: Bob Dated: April 7, 2006. SUMMARY: The Tuolumne County Simonson, Program Leader, San Dimas Frederick R. Norbury, Resource Advisory Committee (RAC) Technology and Development Center, Associate Deputy Chief, National Forest will meet on May 15, 2006 at the City Forest Service, USDA, (909) 599–1267, System. of Sonora Fire Department, in Sonora, extension 242 or [email protected]. [FR Doc. E6–6081 Filed 4–21–06; 8:45 am] California. The primary purpose of the SUPPLEMENTARY INFORMATION: The BILLING CODE 3410–11–P meeting is to review new project National Tree-Marking Paint Committee proposals. The committee will also comprises representatives from the review requests for grant extensions Forest Service national headquarters, DEPARTMENT OF AGRICULTURE and/or changing the focus of approved each of the nine Forest Service Regions, projects. Forest Service the Forest Products Laboratory, the DATES: The meeting will be held May Forest Service San Dimas Technology Notice of Resource Advisory 15, 2006, from 12 p.m. to 3 p.m. and Development Center, and the Committee Meeting ADDRESSES: The meeting will be held at Bureau of Land Management. The the City of Sonora Fire Department General Services Administration and AGENCY: Lassen Resource Advisory located at 201 South Shepherd Street, in the National Institute for Occupational Committee, Susanville, California, Sonora, California (CA 95370). Safety and Health are ad hoc members USDA Forest Service. FOR FURTHER INFORMATION CONTACT: Pat and provide technical advice to the ACTION: Notice of meeting. Kaunert, Committee Coordinator, committee. USDA, Stanislaus National Forest, A field trip will be held on May 16 SUMMARY: Pursuant to the authorities in 19777 Greenley Road, Sonora, CA and is designed to supplement the Federal Advisory Committees Act 95370, (209) 532–3671; E-mail information related to tree-marking (Pub. L. 92–463) and under the Secure [email protected]. paint. This trip is open to any member Rural Schools and Community Self- of the public participating in the public Determination Act of 2000 (Pub. L. 106– SUPPLEMENTARY INFORMATION: Agenda meeting on May 17–18. However, 393) the Lassen National Forest’s Lassen items include: (1) Review requests for transportation is provided only for County Resource Advisory Committee grant extensions and/or changing the committee members. will meet Thursday, May 11th in focus of previously submitted projects The main session of the meeting, Susanville, California for a business and consider for approval; (2) Review which is open to public attendance, will meeting. The meetings are open to the new project proposals; (3) Public be held on May 17–18. public. comment. This meeting is open to the public. Closed Sessions SUPPLEMENTARY INFORMATION: The business meeting on May 11th will Dated: April 17, 2006. While certain segments of this begin at 9 a.m., at the Lassen National Tom Quinn, meeting are open to the public, there Forest Headquarters Office, Caribou Forest Supervisor. will be two closed sessions during the Conference Room, 2550 Riverside Drive, [FR Doc. 06–3840 Filed 4–21–06; 8:45 am] meeting. The first closed session is Susanville, CA 96130. This meeting will BILLING CODE 3410–ED–M planned for approximately 9 to 11 a.m. be reviewing February meeting minutes; on May 17. This session is reserved for have an update on the proposed individual paint manufacturers to legislation and coalition meeting; DEPARTMENT OF COMMERCE present products and information about summer trips designations; and review tree-marking paint for consideration in the schedule for the final round of Submission for OMB Review; future testing and use by the agency. funding through the ‘‘Secure Rural Comment Request Paint manufacturers also may provide Schools and Self Determination Act of comments on tree-marking paint 2000,’’ commonly known as Payments The Department of Commerce has specifications or other requirements. to States. Time will also be set aside for submitted to the Office of Management This portion of the meeting is open only public comments at the beginning of the and Budget (OMB) for clearance the to paint manufacturers, the Committee, meeting. following proposal for collection of and committee staff to ensure that trade FOR FURTHER INFORMATION CONTACT: information under the provisions of the secrets will not be disclosed to other Robert Andrews, District Ranger, Paperwork Reduction Act (44 U.S.C. paint manufacturers or to the public. Designated Federal Officer, at (530) Chapter 35). Paint manufacturers wishing to make 257–4188; or Public Affairs Officer, Agency: National Oceanic and presentations to the Tree-Marking Paint Heidi Perry, at (530) 252–6604. Atmospheric Administration (NOAA). Committee during the closed session Title: Capital Construction Fund— should contact the Acting Chairman at Laurie Tippin, Deposit/Withdrawal Report. the telephone number listed at FOR Forest Supervisor. Form Number(s): None. FURTHER INFORMATION CONTACT in this [FR Doc. 06–3839 Filed 4–21–06; 8:45 am] OMB Approval Number: 0648–0041. notice. The second closed session is BILLING CODE 3410–11–M Type of Request: Regular submission. planned for approximately 2 to 4 p.m. Burden Hours: 1,200. on May 18, 2005. This session is Number of Respondents: 3,600. reserved for Federal Government DEPARTMENT OF AGRICULTURE Average Hours Per Response: 20 employees only. minutes. Any person with special access needs Forest Service Needs and Uses: The respondents are should contact the Acting Chairman to fishermen holding Fishing Vessel make those accommodations. Space for Tuolumne County Resource Advisory Capital Construction Fund (FVCCF) individuals who are not members of the Committee agreements. The FVCCF is a tax-deferral National Tree-Marking Paint Committee AGENCY: Forest Service, USDA. program for fishing vessel construction, is limited and will be available to the acquisition, or reconstruction. ACTION: Notice of meeting. public on a first-come, first-served basis. Information collected on the NOAA

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Form 34–82 is used in checking for companies use statistics from SOC to short-term (construction loans) and respondents’ compliance with program monitor and evaluate the large and long-term (mortgages) borrowing. requirements and for inconsistencies in dynamic housing construction industry. Affected Public: Business or other for- their reporting to NOAA and the Data for two principal economic profit, Individuals or households. Internal Revenue Service of program- indicators are produced from the SOC: Frequency: Monthly. related adjustments to their income. The New Residential Construction (housing Respondent’s Obligation: Voluntary. deposit and withdrawal information is starts and housing completions) and Legal Authority: Title 13 U.S.C. 182. OMB Desk Officer: Susan Schechter, also required, by statute, to be annually New Residential Sales. In addition, a (202) 395–5103. reported to the Secretary of Treasury. number of other statistical series are Affected Public: Business or other for- Copies of the above information produced, including extensive collection proposal can be obtained by profit organizations. information on the physical Frequency: Annually. calling or writing Diana Hynek, characteristics of new residential Departmental Paperwork Clearance Respondent’s Obligation: Mandatory. buildings, and indexes measuring rates OMB Desk Officer: David Rostker, Officer, (202)482–0266, Department of of inflation in the price of new Commerce, room 6625, 14th and (202) 395–3897. buildings. These statistics are based on Copies of the above information Constitution Avenue, NW., Washington, a sample of residential buildings in collection proposal can be obtained by DC 20230 (or via the Internet at permit-issuing places and a road calling or writing Diana Hynek, [email protected]). Written comments canvass in a sample of land areas not Departmental Paperwork Clearance and recommendations for the proposed Officer, (202) 482–0266, Department of covered by building permit systems. information collection should be sent Commerce, Room 6625, 14th and The field representatives (FRs) mail within 30 days of publication of this Constitution Avenue, NW., Washington, forms SOC–QI/SF.1 and SOC–QI/MF.1 notice to Susan Schechter, OMB Desk DC 20230 (or via the Internet at to the respondents to complete. A few Officer either by fax (202–395–7245) or _ [email protected]). days later, the FRs either call or visit the e-mail (susan [email protected]). Written comments and respondents to enter their survey Dated: April 18, 2006. recommendations for the proposed responses into a laptop computer using Madeleine Clayton, information collection should be sent the Computer Assisted Personal Management Analyst, Office of the Chief within 30 days of publication of this Interviewing (CAPI) software formatted Information Officer. notice to David Rostker, OMB Desk for the SOC–QI/SF.1 and SOC–QI/MF.1 [FR Doc. E6–6042 Filed 4–21–06; 8:45 am] Officer, FAX number (202) 395–7285, or forms. The respondents are BILLING CODE 3510–07–P [email protected]. homebuilders, real estate agents, rental Dated: April 18, 2006. agents, or new homeowners of sampled Gwellnar Banks, residential buildings. FR’s contact DEPARTMENT OF COMMERCE respondents multiple times based on the Management Analyst, Office of the Chief National Oceanic and Atmospheric Information Officer. number of projects in the sample and Administration [FR Doc. E6–6041 Filed 4–21–06; 8:45 am] the number of months required to complete the project. Approximately BILLING CODE 3510–22–P 28,200 new buildings are added to our Proposed Information Collection; sample each year. A total of 176,250 Comment Request; Southeast Region Permit Family of Forms DEPARTMENT OF COMMERCE responses are collected annually from all respondents. The Census Bureau AGENCY: National Oceanic and Submission for OMB Review; uses the information collected in the Atmospheric Administration (NOAA). Comment Request SOC to publish estimates of the number ACTION: Notice. of new residential housing units started, DOC has submitted to the Office of under construction, completed, and the SUMMARY: The Department of Management and Budget (OMB) for number of new houses sold and for sale. Commerce, as part of its continuing clearance the following proposal for The Census Bureau also publishes many effort to reduce paperwork and collection of information under the financial and physical characteristics of respondent burden, invites the general provisions of the Paperwork Reduction new housing units. Government public and other Federal agencies to Act (44 U.S.C. chapter 35). agencies use these statistics to evaluate take this opportunity to comment on Agency: U.S. Census Bureau. proposed and/or continuing information Title: Survey of Housing Starts, Sales, economic policy, measure progress towards the national housing goal, make collections, as required by the and Completions. Paperwork Reduction Act of 1995. Form Number(s): SOC–Q1/SF.1; SOC– policy decisions, and formulate DATES: Written comments must be Q1/MF.1. legislation. For example, the Board of Agency Approval Number: 0607– Governors of the Federal Reserve submitted on or before June 23, 2006. 0110. System uses data from this survey to ADDRESSES: Direct all written comments Type of Request: Extension of a evaluate the effect of interest rates in to Diana Hynek, Departmental currently approved collection. this interest-rate sensitive area of the Paperwork Clearance Officer, Burden: 14,688 hours. economy. The Bureau of Economic Department of Commerce, Room 6625, Number of Respondents: 28,200. Analysis uses the data in developing the 14th and Constitution Avenue, NW., Avg Hours Per Response: 5 minutes. Gross Domestic Product (GDP). The Washington, DC 20230 (or via the Needs and Uses: The U.S. Census private sector uses the information for Internet at [email protected]). Bureau is requesting an extension of the estimating the demand for building FOR FURTHER INFORMATION CONTACT: currently approved collection for the materials and the many products used Requests for additional information or Survey of Housing Starts, Sales, and in new housing and to schedule copies of the information collection Completions, otherwise known as the production, distribution, and sales instrument and instructions should be Survey of Construction (SOC). efforts. The financial community uses directed to Jason Rueter, (727) 824–5350 Government agencies and private the data to estimate the demand for or [email protected].

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SUPPLEMENTARY INFORMATION: included in the request for OMB Economic statistics serve as part of the approval of this information collection; I. Abstract framework for the national accounts and they also will become a matter of public provide essential information for National Marine Fisheries Service record. government, business, and the general (NMFS) Southeast Region manages the Dated: April 18, 2006. public. Economic data are the Census U.S. fisheries of the Exclusive Economic Bureau’s primary program commitment Zone (EEZ) off the South Atlantic, Gwellnar Banks, during nondecennial census years. The Caribbean, and Gulf of Mexico under Management Analyst, Office of the Chief 2007 Economic Census covering the the Fishery Management Plans (FMP) Information Officer. for each Region. The Regional Fishery [FR Doc. E6–6043 Filed 4–21–06; 8:45 am] Information; Professional, Scientific, Management Councils prepared the BILLING CODE 3510–22–P and Technical Services; Management of FMPs pursuant to the Magnuson- Companies and Enterprises; Stevens Fishery Conservation and Administrative and Support and Waste Management Act. The regulations DEPARTMENT OF COMMERCE Management and Remediation Services; implementing the FMPs are at 50 CFR Educational Services; Health Care and Census Bureau part 622. Social Assistance; Arts, Entertainment, The recordkeeping and reporting 2007 Economic Census Covering the and Recreation; and Other Services requirements at 50 CFR part 622 form Information; Professional, Scientific, (Except Public Administration) sectors the basis for this collection of and Technical Services; Management (as defined by the North American information. NMFS Southeast Region of Companies and Enterprises; Industry Classification System (NAICS) requests information from fishery Administrative and Support and Waste will measure the economic activity of participants. This information, upon Management and Remediation 2.9 million establishments. The receipt, results in an increasingly more Services; Educational Services; Health information collected will produce basic efficient and accurate database for Care and Social Assistance; Arts, statistics by kind of business on the management and monitoring of the Entertainment, and Recreation; and number of establishments, receipts/ fisheries of the EEZ off the South Other Services (Except Public revenue, expenses, payroll, and Atlantic, Caribbean, and Gulf of Mexico. Administration) Sectors employment. It will also yield a variety II. Method of Collection of subject statistics, including receipts/ ACTION: Proposed collection; comment Paper applications, electronic reports, revenue by product line, receipts/ request. and telephone calls are required from revenue by class of customer, and other participants, and methods of submittal SUMMARY: The Department of industry-specific measures. Primary include Internet and facsimile Commerce, as part of its continuing strategies for reducing burden in Census transmission of paper forms. effort to reduce paperwork and Bureau economic data collections are to increase reporting through standardized III. Data respondent burden, invites the general public and other Federal agencies to questionnaires and broader electronic OMB Number: 0648–0205. take this opportunity to comment on data collection methods. Form Number: None. proposed and/or continuing information Type of Review: Regular submission. II. Method of Collection Affected Public: Business or other for- collections, as required by the profit organizations. Paperwork Reduction Act of 1995, Mail Selection Procedures Estimated Number of Respondents: Public Law 104–13 (44 U.S.C. Establishments for the mail canvass 16,820. 3506(c)(2)(A)). will be selected from the Census Estimated Time per Response: 1 hour DATES: Written comments must be and 24 minutes. submitted on or before June 23, 2006. Bureau’s Business Register. To be eligible for selection, an establishment Estimated Total Annual Burden ADDRESSES: Direct all written comments will be required to satisfy the following Hours: 24,121. to Diana Hynek, Departmental Estimated Total Annual Cost to Paperwork Clearance Officer, conditions: (i) It must be classified in Public: $2,887,000. Department of Commerce, Room 6625, the information; professional, scientific, IV. Request for Comments 14th and Constitution Avenue, NW., and technical services; management of companies and enterprises; Comments are invited on: (a) Whether Washington, DC 20230 (or via the Internet at [email protected]). administrative and support and waste the proposed collection of information management and remediation services; is necessary for the proper performance FOR FURTHER INFORMATION CONTACT: Requests for additional information or educational services; health care and of the functions of the agency, including social assistance; arts, entertainment, whether the information shall have copies of the information collection and recreation; or other services (except practical utility; (b) the accuracy of the instrument(s) and instructions should public administration) sector; (ii) it agency’s estimate of the burden be directed to Jack Moody, U.S. Census (including hours and cost) of the Bureau, Room 2784, Building 3, must be an active operating proposed collection of information; (c) Washington, DC 20233–0001 on (301) establishment of a multi-establishment ways to enhance the quality, utility, and 763–5181 or via the Internet at firm (i.e., a firm that operates at more clarity of the information to be [email protected]. than one physical location), or it must collected; and (d) ways to minimize the SUPPLEMENTARY INFORMATION: be a single-establishment firm with burden of the collection of information payroll (i.e., a firm that operates at only on respondents, including through the I. Abstract one physical location); and (iii) it must use of automated collection techniques The economic census, conducted be located in one of the 50 states or the or other forms of information under the authority of Title 13, United District of Columbia. Mail selection technology. States Code (U.S.C.), is the primary procedures will distinguish the Comments submitted in response to source of facts about the structure and following groups of establishments: this notice will be summarized and/or functioning of the Nation’s economy.

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1. Establishments of Multi- the 2007 Economic Census mail Standard Form—.8 hours. Establishment Firms canvasses for the sectors covered by this Classification Form—none. submission will include approximately Selection procedures will assign all Administrative and Support and Waste active operating establishments of 472,000 small single-establishment firms that receive these classification Management and Remediation multi-establishing firms to the mail Services: component of the potential respondent forms. Standard Form—1.2 hours. universe. We estimate that the 2007 III. Data Economic Census mail canvasses will Classification Form—.1 hours. OMB Number: Not available. include approximately 467,000 Educational Services: establishments of multi-establishment Form Number: The 78 standard forms, firms. 19 classification forms, and 6 ownership Standard Form—.9 hours. or control flyers used to collect Classification Form—.1 hours. 2. Single-Establishment Firms With information from businesses in these Payroll sectors of the economic census are Health Care and Social Assistance: As an initial step in the selection tailored to specific business practices Standard Form—1.1 hours. process, we will conduct a study of the and are too numerous to list separately Classification Form—.1 hours. potential respondent universe. This in the notice. Requests for information study will produce a set of industry- on the proposed content of the forms Arts, Entertainment, and Recreation: specific payroll cutoffs that we will use should be directed to Jack Moody, U.S. Standard Form—1.2 hours. to distinguish large versus small single- Census Bureau, Room 2784, Building 3, Classification Form—.1 hours. establishment firms within each Washington, DC 20233–0001 on (301) industry or kind of business. This 763–5181 or via the Internet at Other Services (Except Public payroll size distinction will affect [email protected]. Administration) selection as follows: Type of Review: Regular review. Standard Form—1.0 hours. Affected Public: State or local Classification Form—.1 hours. a. Large Single-Establishment Firms governments, businesses or other for Selection procedures will assign profit, non-profit institutions, and small Estimated Total Annual Burden single-establishment firms having businesses or organizations. Hours: 1,601,405 hours. annualized payroll (from Federal Estimated Number of Respondents: Estimated Total Annual Cost: administrative records) that equals or Information: $39,506,661. exceeds the cutoff for their industry to Standard Form—101,197. Respondent’s Obligation: Mandatory. the mail component of the potential Classification Form—none. respondent universe. We estimate that Professional, Scientific, and Technical Legal Authority: Title 13, U.S.C., 131 the 2007 Economic Census mail Services: and 224. canvasses will include approximately Standard Form—258,276. IV. Request for Comments 769,000 large single-establishment Classification Form—117,844. firms. Management of Companies and Comments are invited on: (a) Whether b. Small Single-Establishment Firms Enterprises the proposed collection of information Standard Form—66,020. Selection procedures also will assign is necessary for the proper performance Classification Form—none. a sample of single-establishment firms of the functions of the agency, including Administrative and Support and Waste having annualized payroll below the whether the information shall have Management and Remediation Services: cutoff for their industry to the mail practical utility; (b) the accuracy of the Standard Form—152,050. component of the potential respondent agency’s estimate of the burden Classification Form—117,844. universe. Sampling strata and (including hours and cost) of the Educational Services: corresponding probabilities of selection Standard Form—24,740. proposed collection of information; (c) will be determined by a study of the Classification Form—14,141. ways to enhance the quality, utility, and potential respondent universe Health Care and Social Assistance: clarity of the information to be conducted shortly before mail selection Standard Form—366,097. collected; and (d) ways to minimize the operations begin. We estimate that the Classification Form—89,561. burden of the collection of information 2007 Economic Census mail canvasses Arts, Entertainment, and Recreation: on respondents, including through the will include approximately 79,000 small Standard Form—65,320. use of automated collection techniques single-establishment firms selected in Classification Form—18,855. or other forms of information this sample. All remaining single-establishment Other Services (Except Public technology. firms with payroll will be represented in Administration) Comments submitted in response to the census by data from Federal Standard Form—280,957. this notice will be summarized and/or administrative records. Generally, we Classification Form—113,130. included in the request for OMB will not include these small employers Total: 1,786,032. approval of this information collection; in the census mail canvass. However, Estimated Time Per Response: they also will become a matter of public administrative records sometimes have Information: record. fundamental industry classification Standard Form—1.2 hours. Dated: April 18, 2006. deficiencies that make them unsuitable Classification Form—none. for use in producing detailed industry Professional, Scientific, and Technical Madeleine Clayton, statistics by geographic area. When we Services: Management Analyst, Office of the Chief find such a deficiency, we will mail the Standard Form—1.6 hours. Information Officer. firm a census classification form to Classification Form—.1 hours. [FR Doc. E6–6045 Filed 4–21–06; 8:45 am] collect basic information needed to Management of Companies and BILLING CODE 3510–07–P resolve the problem. We estimate that Enterprises

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DEPARTMENT OF COMMERCE ACTION: Notice and opportunity for separate investigations to determine public comment. whether increased imports into the Economic Development Administration United States of articles like or directly Pursuant to Section 251 of the Trade competitive with those produced by Notice of Petitions by Firms for Act of 1974 (19 U.S.C. 2341 et seq.), the each firm contributed importantly to the Determination of Eligibility To Apply total or partial separation of the firm’s for Trade Adjustment Assistance Economic Development Administration (EDA) has received petitions for workers, or threat thereof, and to a AGENCY: Economic Development certification of eligibility to apply for decrease in sales or production of each Administration, Department of Trade Adjustment Assistance from the petitioning firm. Commerce. firms listed below. EDA has initiated

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE FOR THE PERIOD MARCH 30, 2006 THROUGH APRIL 18, 2006

Date Firm Address petition Product accepted

Berliss Bearing Co ...... 644 Route 10, Livingston, NJ 3/30/06 Roller and ball bearings. 07039. Inland Tool & Manufacturing 630 South 5th Street, Kansas 4/3/06 Stamped parts and tool room projects. Co., Inc. City, KS 66105. Wood Classics, Inc...... 47 Stevens Lane, Gardiner, 4/3/06 Teakwood outdoor garden and patio furniture. NY 12525. Ray Distributing Co ...... 1085 Northside Road, Victoria, 4/4/06 Fishing supplies. TX 77904. Murnch-Kreuzer Candle Co...... 617 E. Hiawatha Boulevard, 4/5/06 Paraffin wax candles. Syracuse, NY 03208. M.S. Willett, Inc ...... 220 Cockeysville Road, 4/5/06 Tool and die and stamping equipment. Cockeysville, MD 21030. Schubert Environmental Equip- 2000 Bloomingdale Road, 4/5/06 Industrial air cleaning, dust control and ventilation equipment. ment, Inc. #115, Glendale Heights, IL 60139. J.D. Phillips Corp ...... 181 North Industrial Highway, 4/6/06 Metalworking machinery for the removal of metal. Alpena, MI 49707. Funblock, Inc ...... 6515 Railroad, Raytown, MO 4/10/06 Children’s furniture. 64133. Bless Precision Tool, Inc ...... 80 Pacific Drive, Quakertown, 4/10/06 Tooling and machine components. PA 18951. Anderson Copper and Brass 4325 Frontage Road, Oak For- 4/11/06 Brass fittings and steel adapters. Co. est, IL 60452. Columbia Architectural Prod- 10722 Tucker Street, Beltsville, 4/11/06 Architectural wall panels. ucts, Inc. MD 20705. Security Detection Systems, 11900 Montana Avenue, El 4/12/06 Metal detectors. Inc. dba Ranger Security De- Paso, TX 79936. tectors. Crabs, LLC...... 157 Twin Acres Drive, Lock- 4/12/06 Seafood. port, LA 70374. Elenel Industries, Inc. & Sub- 500 Fortune Boulevard, Mil- 4/18/06 Decorative products and precision parts. sidiaries dba Photofabrication ford, MA 01757. Engineering, Inc. Down Range Manufacturing, 4170 North Gun Powder Cir- 4/18/06 Shotgun shell cartridges and accessories. LLC. cle, Hastings, NE 68901. Ceramo Company, Inc...... 681 Kasten Drive, Jackson, 4/18/06 Pottery products. MO 63755.

Any party having a substantial Domestic Assistance official program DEPARTMENT OF COMMERCE interest in these proceedings may number and title of the program under request a public hearing on the matter. which these petitions are submitted is Bureau of Industry and Security A written request for a hearing must be 11.313, Trade Adjustment Assistance. submitted to the Office of Chief Transportation and Related Equipment Counsel, Room 7005, Economic Barry Bird, Technical Advisory Committee; Notice Development Administration, U.S. Chief Counsel. of Open Meeting Department of Commerce, Washington, [FR Doc. E6–6058 Filed 4–21–06; 8:45 am] DC 20230, no later than ten (10) BILLING CODE 3510–24–P The Transportation and Related calendar days following publication of Equipment Technical Advisory this notice. Please follow the procedures Committee will meet on May 3, 2006, set forth in Section 315.9 of EDA’s 9:30 a.m., in the Herbert C. Hoover interim final rule (70 FR 47002) for Building, Room 6087B, 14th Street procedures for requesting a public between Pennsylvania & Constitution hearing. The Catalog of Federal Avenues, NW., Washington, DC. The

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Committee advises the Office of the (this is not a toll-free number) or E-mail The original CA–PEQ Certificate was Assistant Secretary for Export at [email protected]. issued on January 30, 2006 (71 FR 6753, Administration with respect to technical SUPPLEMENTARY INFORMATION: Title III of February 9, 2006). questions that affect the level of export the Export Trading Company Act of Proposed Amendment: CA–PEQ seeks controls applicable to transportation 1982 (15 U.S.C. 4001–21) authorizes the to amend its Certificate to: and related equipment or technology. Secretary of Commerce to issue Export 1. Add the following company as a Agenda: Trade Certificates of Review. An Export new ‘‘Member’’ of the Certificate within 1. Welcome and Introductions. Trade Certificate of Review protects the the meaning of section 325.2(l) of the 2. Regulatory Overview. holder and the members identified in Regulations (15 CFR 325.2(l)): 3. Policy Overview. the Certificate from state and federal Federacion de Avicultores de Honduras 4. Missile Technology Control government antitrust actions and from (‘‘FEDAVIH’’), San Pedro Sula, Regime. private treble damage antitrust actions Honduras. 5. Report on the Wassenaar Experts for the export conduct specified in the Dated: April 19, 2006. Group Meeting. Certificate and carried out in Jeffrey C. Anspacher, 6. Jurisdiction Technical Working compliance with its terms and Director, Export Trading Company Affairs. conditions. Section 302(b)(1) of the Group Report. [FR Doc. 06–3903 Filed 4–21–06; 8:45 am] 7. Proposal by Boeing for a New Export Trading Company Act of 1982 BILLING CODE 3510–DR–P Working Group Focused on Composite and 15 CFR 325.6(a) require the Materials. Secretary to publish a notice in the 8. Presentation of Papers and Federal Register identifying the DEPARTMENT OF COMMERCE Comments by the Public. applicant and summarizing its proposed 9. Follow-up on Open Action Items. export conduct. National Oceanic and Atmospheric The meeting willl be open to the Request for Public Comments Administration public and a limited number of seats wil [I.D. 041806D] be available. Reservations are not Interested parties may submit written accepted. To the extent time permits, comments relevant to the determination whether an amended Certificate should Atlantic Striped Bass Conservation members of the public may present oral Act; Atlantic Striped Bass Fishery statements to the Committee. Written be issued. If the comments include any statements may be submitted at any privileged or confidential business AGENCY: National Marine Fisheries time before or after the meeting. information, it must be clearly marked Service (NMFS), National Oceanic and However, to facilitate distribution of and a nonconfidential version of the Atmospheric Administration (NOAA), public presentation materials to comments (identified as such) should be Commerce. Committee members, the Committee included. Any comments not marked ACTION: Notice of scoping process; suggests that presenters forward the privileged or confidential business request for comments. public presentation materails to Yvette information will be deemed to be Springer at [email protected] nonconfidential. An original and five (5) SUMMARY: Based on recommendations For more information contact Ms. copies, plus two (2) copies of the contained in Amendment 6 to Atlantic Springer on (202) 482–4814. nonconfidential version, should be States Marine Fisheries Commission’s submitted no later than 20 days after the (ASMFC) Interstate Fishery Dated: April 17, 2006. date of this notice to: Export Trading Management Plan for Atlantic Striped Yvette Springer, Company Affairs, International Trade Bass (Amendment 6) and comments Committee Liaison Officer. Administration, U.S. Department of received from an advance notice of [FR Doc. 06–3832 Filed 4–27–06; 8:45 am] Commerce, Room 7021–B H, proposed rulemaking (ANPR), NMFS BILLING CODE 3510–JT–M Washington, DC 20230. Information previously announced its intent to begin submitted by any person is exempt from a scoping process to gather information disclosure under the Freedom of for the preparation of an environmental DEPARTMENT OF COMMERCE Information Act (5 U.S.C. 552). impact statement (EIS). Initial scoping However, nonconfidential versions of occurred during nine public hearings in International Trade Administration the comments will be made available to November-December 2003. Due to the the applicant if necessary for significant time that had passed since Export Trade Certificate of Review determining whether or not to issue the these initial scoping hearings, NMFS is ACTION: Notice of Application to Amend Certificate. Comments should refer to seeking additional scoping on its an Export Trade Certificate of Review. this application as ‘‘Export Trade preliminary draft analyses of Federal Certificate of Review, application management options to open the EEZ to SUMMARY: Export Trading Company number 05–A0001.’’ the harvest of Atlantic Striped Bass. The Affairs (‘‘ETCA’’), International Trade A summary of the application for an purpose of this notice is to alert the Administration, Department of amendment follows. interested public of this further scoping Commerce, has received an application Summary of the Application: process and to provide for public to amend an Export Trade Certificate of participation in compliance with Review (‘‘Certificate’’). This notice Applicant: Central America Poultry environmental documentation summarizes the proposed amendment Export Quota, Inc. (‘‘CA–PEQ’’), 901 requirements. and requests comments relevant to New York Avenue, NW., Third Floor, Washington, DC 20001–4413. DATES: Comments on this notice must be whether the Certificate should be received (see ADDRESSES) no later than issued. Contact: Kyd D. Brenner, Partner, DTB Associates, LLP, Telephone: (202) 5 p.m. Eastern Standard Time on or FOR FURTHER INFORMATION CONTACT: 661–7098. before May 24, 2006. Jeffrey Anspacher, Director, Export Application No.: 05–A0001. ADDRESSES: Written comments and Trading Company Affairs, International Date Deemed Submitted: April 12, requests for copies of the draft Trade Administration, (202) 482–5131 2006. document should be sent to: Tom

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Meyer, State-Federal Fisheries Division, ANPR comments, and requested further EEZ; (2) implement a 28–inch (71.1–cm) Office of Sustainable Fisheries, NMFS, public input on a list of potential minimum size limit for recreational and 1315 East West Highway, Room 13248, alternatives and other management commercial Atlantic striped bass Silver Spring, MD 20910. Mark the measures. Public meetings were held in fisheries in the EEZ; and (3) allow states outside of the envelope ‘‘Striped Bass nine Atlantic coast states between the ability to adopt more restrictive Scoping.’’ An electronic copy of the November 5 - December 10, 2003, and rules for fishermen and vessels licensed draft document and supporting public comment period closed on in their jurisdictions. documents (ANPR and a Notice of December 22, 2003. See ADDRESSES for In support of its request, ASMFC cited Intent to Prepare an EIS (NOI)) may also information on how to obtain a copy of a number of reasons, including: ASMFC be obtained on the State-Federal the ANPR or the NOI. declared the triped bass stock restored Fisheries Division’s website under Atlantic striped bass management is in 1995; commercial harvest is Regulatory Activities at http:// based on ASMFC’s Atlantic Striped Bass controlled by individual state quotas; www.nmfs.noaa.gov/sfa/statelfederal/ Interstate Fishery Management Plan with the EEZ closed striped bass caught statelfederal.htm. Comments may also (ISFMP), first adopted in 1981. From there are required to be discarded, and be sent via fax to (301) 713–0596, or via 1981 - 1994, four ISFMP Amendments are often dead when thrown back - e-mail to: Striped- were developed that provided a series of Opening the EEZ will convert some of [email protected]. Include in management measures that led to the the discarded bycatch of striped bass to the subject line of the fax or e-mail the rebuilding of the stocks. In 1995, landings; and Amendment 6 following document identifier: Striped ASMFC declared the Atlantic striped incorporates measures that would Bass Scoping. bass population fully restored and address future concerns about the stock implemented Amendment 5 to the status. See ADDRESSES for information FOR FURTHER INFORMATION CONTACT: Tom Meyer, telephone (301) 713–2334, x173. ISFMP to perpetuate the stock so as to on how to obtain a copy of the NOI, allow a commercial and recreational which has a complete list of ASMFC’s SUPPLEMENTARY INFORMATION: harvest consistent with the long-term cited reasons. Background maintenance of the striped bass stock. ASMFC also stated that its Atlantic Since then the population has expanded Striped Bass Technical Committee An ANPR was published in the to record levels of abundance. To would monitor annually the Atlantic Federal Register on July 21, 2003 (68 FR maintain this recovered population, striped bass population, and, if at some 43074), with the comment period ASMFC approved Amendment 6 in point in the future ASMFC determines closing on August 20, 2003. The February 2003 (copies of Amendment 6 that the Atlantic striped bass population comment period was subsequently are available via ASMFC’s website is overfished or that overfishing is reopened on August 26, 2003 (68 FR under Interstate Fisheries Management- occurring, it may recommend further 51232) for an additional 30–days. NMFS striped bass at http://www.asmfc.org). management measures for the EEZ. announced that it was considering ASMFC believes that the measures Delay in the Development of an EIS proposed rulemaking to revise Federal contained in Amendment 6 are Atlantic striped bass regulations to be necessary to prevent the overfishing of In September 2004, ASMFC’s Striped compatible with the Atlantic States the Atlantic striped bass resource while Bass Technical Committee prepared its Marine Fisheries Commission’s allowing growth in both the commercial 2004 Stock Assessment Report for use (ASMFC) Amendment 6 to the Interstate and recreational fishery. Development by the Striped Bass Management Board Fishery Management Plan for Atlantic of Amendment 6 took almost 4 years (Board), which included data through Striped Bass (Amendment 6), and was and involved extensive input from 2003. That assessment contradicted seeking comments on the technical and industry advisors, and previous assessments, which had implementation of ASMFC’s provided numerous opportunities for indicated that the striped bass recommendations to the Secretary of the public to comment on the future population was not overfished and Commerce (Secretary) to open the EEZ management of the species. continued to grow in abundance. to the harvest of Atlantic striped bass. Amendment 6 incorporates results of Instead, the results of the modeling NMFS also solicited comments on the 2001 Atlantic striped bass stock portion of the 2004 assessment possible alternative management assessment, developed by the Atlantic indicated that the stock was overfished measures and issues that NMFS should Coast States, ASMFC, NMFS, and the and that spawning stock biomass had consider relative to these U.S. Fish and Wildlife Service (see been reduced to below target levels. recommendations. After review of section 1.2.2 of Amendment 6 for However, the members of the Technical comments received from the public summary). Amendment 6 also included Committee did not feel the assessment during the ANPR comment period, recommendations to the Secretary on provided an accurate representation of NMFS determined there were sufficient the development of complementary stock status, especially given that results issues raised, both in support of and in measures in the EEZ. Management of of tagging study analyses did not show opposition to the ASMFC Atlantic striped bass in the EEZ was one a similar increase in fishing mortality. recommendation, to warrant further of the issues that was considered The Technical Committee was evaluation of the potential impacts of throughout development of Amendment concerned with any conclusions that opening the EEZ to striped bass fishing. 6. might be derived from these estimated That determination resulted in the and recommended the 2004 assessment initiation of a decision-making process Recommendation to the Secretary results not be used for management required under the National In addition to the recommendations to decisions until both the modeling Environmental Policy Act (NEPA). A the Secretary in Amendment 6, the software and the input data sets were ‘‘Notice of intent to prepare an Secretary also received a letter on April reevaluated during the 2005 assessment Environmental Impact Statement (EIS) 24, 2003, from ASMFC with the process. The results from the 2004 stock and notice of scoping process’’ (NOI) following three recommendations for assessment have not been used by was published in the Federal Register implementation of regulations in the ASMFC for management decisions. on October 20, 2003 (68 FR 59906). The EEZ: (1) Remove the moratorium on the With the great uncertainty in notice presented a summary of the harvest of Atlantic striped bass in the estimates of spawning stock biomass,

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and fishing mortality rates during 2003, regulations for fishermen and vessels incidentally harass several species of as presented in the 2004 stock licensed in their state, implement a marine mammals during the training assessment, NMFS decided to delay the recreational bag limit of 2 fish per day, exercises. completion of the EIS to be able to require circle hooks for all commercial DATES: Comments and information must incorporate the 2005 stock assessment and recreational hook and line fishing be received no later than May 24, 2006. in the EIS. using bait, and commercial trip limits ADDRESSES: Comments on the During 2005, the Technical and bycatch trip limit options; (3) open application should be addressed to Committee and Stock Assessment the entire EEZ, implement a 28–inch Steve Leathery, Chief, Permits, Subcommittee reviewed model inputs (71.1–cm) minimum size limit, allow Conservation and Education Division, and the model itself to determine if the states to adopt more restrictive Office of Protected Resources, National results from the 2004 assessment truly regulations for fishermen and vessels Marine Fisheries Service, 1315 East- reflected status of the population or licensed in their state, allow hook and were an artifact of data or model errors. West Highway, Silver Spring, MD line gear only, implement a recreational 20910–3225. The mailbox address for They concluded that a number of the bag limit of 2 fish per day, require circle indices used in the 2004 effort were not providing email comments is hooks for all commercial and [email protected]. NMFS is not consistent with what was observed in recreational hook and line fishing using the population as a whole, or were responsible for e-mail comments sent to bait, and implement a commercial trip addresses other than the one provided contradictory to the majority of other limit of 30 fish per trip or day reliable time series. Those indices were here. Comments sent via e-mail, whichever is greater; and (4) status quo including all attachments, must not removed from subsequent model runs. - maintain moratorium in EEZ. The Technical Committee believes the exceed a 10–megabyte file size. current assessment reflects the true Authority: 16 U.S.C. 5151 et seq. A copy of the application containing status of the population (within Dated: April 19, 2006. a list of the references used in this document may be obtained by writing to reasonable ranges of certainty). Both the James P. Burgess, the address specified above, telephoning 2004 and 2005 Striped Bass Stock Acting Director, Office of Sustainable FOR Assessments are available on ASMFC’s Fisheries, National Marine Fisheries Service. the contact listed below (see FURTHER INFORMATION CONTACT), or website under Interstate Fisheries [FR Doc. E6–6108 Filed 4–21–06; 8:45 am] visiting the internet at: http:// Management-striped bass at http:// BILLING CODE 3510–22–S www.asmfc.org. www.nmfs.noaa.gov/pr/permits/ incidental.htm. Addendum I to Amendment 6 Documents cited in this notice may be DEPARTMENT OF COMMERCE During the development of viewed, by appointment, during regular Amendment 6, there were concerns over National Oceanic and Atmospheric business hours, at the aforementioned the impacts of bycatch mortality on the Administration address. overall population. To address these In March, 2006, the Navy prepared a [I.D. 011806L] concerns, ASMFC is currently revised 2006 Supplement on the 2002 developing Addendum 1 to Amendment Programmatic Environmental Small Takes of Marine Mammals Assessment on RIMPAC. That document 6 to increase the accuracy of data on Incidental to Specified Activities; Rim striped bass bycatch in all sectors of the will be posted on the Navy’s website of the Pacific (RIMPAC) Antisubmarine (http://www.smdcen.us/rimpac06/) striped bass fishery. Addendum I will Warfare (ASW) Exercise Training outline mandatory data collection and concurrently with this notice and the Events Within the Hawaiian Islands Navy will be accepting public bycatch mortality studies for the Operating Area (OpArea) commercial, recreational, and for-hire comments. fisheries for striped bass. AGENCY: National Marine Fisheries The Navy has also prepared a Draft Service (NMFS), National Oceanic and Environmental Impact Statement (DEIS) Further Public Participation Atmospheric Administration (NOAA), for its Undersea Warfare Training Range Due to the significant time that has Commerce. (USWTR), which contains detailed supporting information for some of the passed since the nine initial scoping ACTION: Notice; receipt of application issues discussed in this document and hearings were held in November- and proposed incidental take may be viewed at: http:// December 2003, NMFS is seeking authorization; request for comments. additional scoping on its preliminary projects.earthtech.com. draft analyses of Federal management SUMMARY: NMFS has received an NMFS’ Ocean Acoustics Program has options to open the EEZ to the harvest application from the U.S. Navy (Navy) made additional information and of Atlantic Striped Bass. See ADDRESSES for an Incidental Harassment references relating to the effects of for information on how to obtain a copy Authorization (IHA) to take marine anthropogenic sound available on the of the draft document and where to send mammals, by harassment, incidental to NMFS website at: http:// comments. conducting RIMPAC ASW training www.nmfs.noaa.gov/pr/acoustics/ At this time, a preferred option has events, in which submarines, surface bibliography.htm. not been identified. Options being ships, and aircraft from the United FOR FURTHER INFORMATION CONTACT: Jolie considered in this draft document States and multiple foreign nations Harrison, Office of Protected Resources, include: (1) Open the entire EEZ, participate in ASW training exercises, NMFS, (301) 713–2289, ext 166. implement a 28–inch (71.1–cm) utilizing mid-frequency sonar (1 SUPPLEMENTARY INFORMATION: minimum size limit, and allow states to kilohertz (kHz) to 10 kHz), in the U.S. adopt more restrictive regulations for Navy’s Hawaiian Operating Area Background fishermen and vessels licensed in their (OpArea) in the summer of 2006. Sections 101(a)(5)(A) and (D) of the state (ASMFC recommendation); (2) Pursuant to the Marine Mammal MMPA (16 U.S.C. 1361 et seq.) direct open the entire EEZ, implement a 28– Protection Act (MMPA), NMFS is the Secretary of Commerce to allow, inch (71.1–cm) minimum size limit, requesting comments on its proposal to upon request, the incidental, but not allow states to adopt more restrictive issue an authorization to the Navy to intentional, taking of marine mammals

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by U.S. citizens who engage in a nations participate in ASW training ranged from 2 hours to 24 hours. A total specified activity (other than exercises, in the OpArea, in the summer of 532 training hours were modeled for commercial fishing) within a specified of 2006. The RIMPAC ASW exercises RIMPAC acoustic exposures. This total geographical region if certain findings are considered a military readiness includes all potential ASW training that are made and either regulations are activity. Based on discussions between is expected to occur during RIMPAC. the agencies regarding behavioral issued or, if the taking is limited to Active Acoustic Sources harassment, a notice of a proposed thresholds and mitigation and authorization is provided to the public monitoring, the Navy submitted a Tactical military sonars are designed for review. modified application on March 16, to search for, detect, localize, classify, Authorization shall be granted if 2006. and track submarines. There are two NMFS finds that the taking will have a types of sonars, passive and active. Description of the Activity negligible impact on the species or Passive sonars only listen to incoming stock(s), will not have an unmitigable RIMPAC 2006 ASW activities are sounds and, since they do not emit adverse impact on the availability of the scheduled to take place from June 26, sound energy in the water, lack the species or stock(s) for subsistence uses, 2006, to about July 28, 2006, with ASW potential to acoustically affect the and that the permissible methods of training events planned on 21 days. The environment. Active sonars generate taking and requirements pertaining to OpArea is approximately 210,000 and emit acoustic energy specifically for the mitigation, monitoring and reporting square nautical miles (nm), however, the purpose of obtaining information of such takings are set forth. NMFS has nearly all RIMPAC ASW training would concerning a distant object from the defined ‘‘negligible impact’’ in 50 CFR occur in the six areas delineated in sound energy reflected back from that 216.103 as ’’...an impact resulting from Figure 2–1 in the Navy’s application object. the specified activity that cannot be (approximate 46,000 square nm). ASW Modern sonar technology has reasonably expected to, and is not events typically rotate between these six developed a multitude of sonar sensor reasonably likely to, adversely affect the modeled areas. Sonar training exercises and processing systems. In concept, the species or stock through effects on will occur within these areas for the simplest active sonars emit annual rates of recruitment or survival.’’ most part; however, sonar may be omnidirectional pulses (‘‘pings’’) and Section 101(a)(5)(D) of the MMPA operated briefly for battle preparation time the arrival of the reflected echoes established an expedited process by while forces are in transit from one of from the target object to determine which citizens of the United States can the modeled areas to another. These six range. More sophisticated active sonar apply for an authorization to areas were used for analysis as being emits an omnidirectional ping and then incidentally take small numbers of representative of the marine mammal rapidly scans a steered receiving beam marine mammals by harassment. The habitats and the bathymetric, seabed, to provide directional, as well as range, National Defense Authorization Act of wind speed, and sound velocity profile information. More advanced sonars 2004 (NDAA) (Public Law 108–136) conditions within the entire OpArea. transmit multiple preformed beams, removed the ‘‘small numbers’’ For purposes of this analysis, all likely listening to echoes from several limitation and amended the definition RIMPAC ASW events were modeled as directions simultaneously and of ‘‘harassment’’ as it applies to a occurring in these six areas. providing efficient detection of both ‘‘military readiness activity’’ to read as As a combined force during the direction and range. exercises, submarines, surface ships, The tactical military sonars to be follows: (i) any act that injures or has the significant and aircraft will conduct ASW against deployed in RIMPAC are designed to potential to injure a marine mammal or opposition submarine targets. detect submarines in tactical operational marine mammal stock in the wild [Level A Submarine targets include real scenarios. This task requires the use of Harassment]; or (ii) any act that disturbs or submarines, target drones that simulate the sonar mid-frequency (MF) range (1 is likely to disturb a marine mammal or the operations of an actual submarine, kilohertz [kHz] to 10 kHz) marine mammal stock in the wild by causing and virtual submarines interjected into predominantly. disruption of natural behavioral patterns, the training events by exercise The types of tactical acoustic sources including, but not limited to, migration, controllers. ASW training events are that would be used in training events surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral complex and highly variable. For during RIMPAC are discussed in the patterns are abandoned or significantly RIMPAC, the primary event involves a following paragraphs. For more altered [Level B Harassment] Surface Action Group (SAG), consisting information regarding how the Navy’s Section 101(a)(5)(D) establishes a 45– of one to five surface ships equipped determined which sources should not day time limit for NMFS review of an with sonar, with one or more be included in their analysis, see the application followed by a 30–day public helicopters, and a P–3 aircraft searching Estimates of Take Section later in this notice and comment period on any for one or more submarines. There will document. proposed authorizations for the be approximately four SAGs for Surface Ship Sonars – A variety of incidental harassment of marine RIMPAC 2006. For the purposes of surface ships participate in RIMPAC, mammals. Within 45 days of the close analysis, each event in which a SAG including guided missile cruisers, of the comment period, NMFS must participates is counted as an ASW destroyers, guided missile destroyers, either issue or deny issuance of the operation. There will be approximately and frigates. Some ships (e.g., aircraft authorization. 44 ASW operations during RIMPAC carriers) do not have any onboard active with an average event length of sonar systems, other than fathometers. Summary of Request approximately 12 hours. Others, like guided missile cruisers, are NMFS received an application from One or more ASW events may occur equipped with active as well as passive the Navy for the taking, by harassment, simultaneously within the OpArea. sonars for submarine detection and of several species of marine mammals Each event was identified and modeled tracking. For purposes of the analysis, incidental to conducting RIMPAC ASW separately. If a break of more than 1 all surface ship sonars were modeled as training events, in which submarines, hour in ASW operations occurred, then equivalent to SQS–53 having the surface ships, and aircraft from the the subsequent event was modeled as a nominal source level of 235 decibels United States and multiple foreign separate event. Training event durations (dB) re 1mPa2–s (SEL). Since the SQS–

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53 hull mounted sonar is the U.S. guidance systems of these weapons can is unlikely, and therefore they were not Navy’s most powerful surface ship hull be autonomous or electronically modeled for RIMPAC 2006. mounted sonar, modeling this source is controlled from the launching platform For detailed information regarding the a conservative assumption tending through an attached wire. The proposed activity, please see the Navy’s towards an overestimation of potential autonomous guidance systems are application and the associated effects (although, the conservativeness acoustically based. They operate either Environmental Assessment (EA) (see is offset some by the fact that the Navy passively, exploiting the emitted sound ADDRESSES). did not model for any of the times energy by the target, or actively, (though brief and infrequent) that they ensonifying the target and using the Description of Marine Mammals may use a source level higher than 235 received echoes for guidance. All Potentially Affected by the Activity dB). Sonar ping transmission durations torpedoes used for ASW during There are 27 marine mammal species were modeled as lasting 1 second per RIMPAC would be located in the range with possible or confirmed occurrence ping and omnidirectional, which is a area managed by Pacific Missile Range in the Navy’s OpArea (Table 1): 25 conservative assumption that Facility (PMRF) and would be non- cetacean species (whales, dolphins, and overestimates potential exposures, since explosive and recovered after use. porpoises) and 2 pinnipeds (seals). In Acoustic Device Countermeasures actual ping durations will be less than addition, five species of sea turtles are (ADC) – ADCs are, in effect, submarine 1 second. The SQS–53 hull mounted known to occur in the OpArea. sonar transmits at center frequencies of simulators that make noise to act as 2.6 kHz and 3.3 kHz. decoys to avert localization and/or The most abundant marine mammals Submarine Sonars – Submarine torpedo attacks. Previous classified are rough-toothed dolphins, dwarf sonars can be used to detect and target analysis has shown that, based on the sperm whales, and Fraser’s dolphins. enemy submarines and surface ships. operational characteristics (source The most abundant large whales are However, submarine active sonar use is output level and/or frequency) of these sperm whales. There are three very rare in the planned RIMPAC acoustic sources, the potential to affect seasonally migrating baleen whale exercises, and, when used, very brief. marine mammals was unlikely, and species that winter in Hawaiian waters: Therefore, use of active sonar by therefore they were not modeled for minke, fin, and humpback whales. submarines is unlikely to have any RIMPAC 2006. Humpback whales utilize Hawaiian effect on marine mammals, and it was Training Targets – ASW training waters as a major breeding ground not modeled for RIMPAC 2006. targets are used to simulate target during winter and spring (November Aircraft Sonar Systems – Aircraft submarines. They are equipped with through April), but should not be sonar systems that would operate during one or a combination of the following present during the RIMPAC exercise, RIMPAC include sonobuoys and devices: (1) acoustic projectors which takes place in July. Because dipping sonar. Sonobuoys may be emanating sounds to simulate definitive information on the other two deployed by P–3 aircraft or helicopters; submarine acoustic signatures; (2) echo migrating species is lacking, their dipping sonars are used by carrier-based repeaters to simulate the characteristics possible presence during the July helicopters. A sonobuoy is an of the echo of a particular sonar signal timeframe is assumed, although it is expendable device used by aircraft for reflected from a specific type of considered unlikely. Seven marine the detection of underwater acoustic submarine; and (3) magnetic sources to mammal species listed as federally energy and for conducting vertical water trigger magnetic detectors. Based on the endangered under the Endangered column temperature measurements. operational characteristics (source Species Act (ESA) occur in the area: the Most sonobuoys are passive, but some output level and/or frequency) of these humpback whale, North Pacific right can generate active acoustic signals as acoustic sources, the potential to affect whale, sei whale, fin whale, blue whale, well. Dipping sonar is an active or marine mammals is unlikely, and sperm whale, and Hawaiian monk seal. passive sonar device lowered on cable therefore they were not modeled for The Navy has used data compiled by helicopters to detect or maintain RIMPAC 2006. from available sighting records, contact with underwater targets. During Range Sources – Range pingers are literature, satellite tracking, and RIMPAC, these systems active modes active acoustic devices that allow each stranding and bycatch data to identify are only used briefly for localization of of the in-water platforms on the range the species of marine mammals present contacts and are not used in primary (e.g., ships, submarines, target in the OpArea. A combination of search capacity. Because active mode simulators, and exercise torpedoes) to inshore survey data (within 25 nm; dipping sonar use is very brief, it is be tracked by the range transducer Mobley et al., 2000) and offshore data extremely unlikely its use would have nodes. In addition to passively tracking (from 25 nm offshore out to the U.S. any effect on marine mammals. The AN/ the pinger signal from each range EEZ, Barlow 2003) was used to estimate AQS 13 (dipping sonar) used by carrier participant, the range transducer nodes the density and abundance of marine based helicopters was determined in the also are capable of transmitting acoustic mammals within the OpArea (Table 1). Environmental Assessment/Overseas signals for a limited set of functions. Additional information regarding the Environmental Assessment of the SH– These functions include submarine status and distribution of the 27 marine 60R Helicopter/ALFS Test Program, warning signals, acoustic commands to mammal species that occur in the October 1999, not to be problematic due submarine target simulators (acoustic OpArea may be found in the Navy’s to its limited use and very short pulse command link), and occasional voice or application and the associated EA (See length. Therefore, the aircraft sonar data communications (received by ADDRESSES) and in NMFS’ Stock systems were not modeled for RIMPAC participating ships and submarines on Assessment Reports, which are available 2006. range). Based on the operational at: http://www.nmfs.noaa.gov/pr/PR2/ Torpedoes – Torpedoes are the characteristics (source output level and/ StocklAssessmentlProgram/ primary ASW weapon used by surface or frequency) of these acoustic sources, individuallsars.html. ships, aircraft, and submarines. The the potential to affect marine mammals BILLING CODE 3510–22–S

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BILLING CODE 3510–22–C

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Potential Effects on Marine Mammals level in underwater acoustics is 1 mPa, biochemical reactions to mechanical The Navy has requested an IHA for and the units for SPLs are dB re: 1 mPa. interaction and operation of organs and SPL (in dB) = 20 log (pressure / the take, by harassment, of marine tissues within an animal. A reference pressure) mammals incidental to RIMPAC ASW physiological effect may range from the SPL is an instantaneous measurement exercises in the OpArea. Section most significant of impacts (i.e., and can be expressed as the peak, the mortality and serious injury) to lesser 101(a)(5)(D) of the MMPA, the section peak-peak, or the root mean square effects that would define the lower end pursuant to which IHAs are issued, may (rms). Root mean square, which is the of the physiological impact range, such not be used to authorize mortality or square root of the arithmetic average of as non-injurious short-term impacts to serious injury leading to mortality. The the squared instantaneous pressure auditory tissues. Navy’s analysis of the RIMPAC ASW values, is typically used in discussions Exposure to some types of noise may exercises concluded that no mortality or of the effects of sounds on vertebrates. cause a variety of physiological effects serious injury leading to mortality SPL does not take the duration of a in mammals. For example, exposure to would result from the proposed sound into account. very high sound levels may affect the activities. However, NMFS believes, function of the visual system, vestibular based on our interpretation of the SEL system, and internal organs (Ward, limited available data bearing on this In this proposed authorization, effect 1997). Exposure to high-intensity point, that some marine mammals may thresholds are expressed in terms of sounds of sufficient duration may cause react to mid-frequency sonar, at sound exposure level SEL. SEL is an injury to the lungs and intestines (e.g., received levels lower than those thought energy metric that integrates the squared Dalecki et al., 2002). Sudden, intense to cause direct physical harm, with instantaneous sound pressure over a sounds may elicit a ‘‘startle’’ response behaviors that may, in some stated time interval. The units for SEL and may be followed by an orienting circumstances, lead to physiological are dB re: 1 mPa2–s. reflex (Ward, 1997; Jansen, 1998). The harm, stranding, or, potentially, death. SEL = SPL + 10log(duration) primary physiological effects of sound, Therefore, NMFS is proposing to require As applied to tactical sonar, the SEL however, are on the auditory system additional mitigation and monitoring includes both the ping SPL and the (Ward, 1997). measures that were not originally duration. Longer-duration pings and/or Hearing Threshold Shift proposed in the Navy’s application to higher-SPL pings will have a higher ensure (in addition to the standard SEL. In mammals, high-intensity sound statutory requirement to effect the ‘‘least If an animal is exposed to multiple may rupture the eardrum, damage the practicable adverse impact upon the pings, the SEL in each individual ping small bones in the middle ear, or over- affected species or stoc’’) that mortality is summed to calculate the total SEL. stimulate the electromechanical hair or serious injury leading to mortality Since mammalian threshold shift (TS) cells that convert the fluid motions does not result from the proposed data show less effect from intermittent caused by sound into neural impulses activities. Below, NMFS describes the exposures compared to continuous that are sent to the brain. Lower level potential effects on marine mammals of exposures with the same energy (Ward, exposures may cause hearing loss, exposure to tactical sonar. However, due 1997), basing the effect thresholds on which is called a threshold shift (TS) to the mitigation and monitoring the total received SEL may be a (Miller, 1974). Incidence of TS may be required by this IHA, NMFS does not conservative approach for treating either permanent, in which case it is expect marine mammals to be exposed multiple pings; as some recovery may called a permanent threshold shift to sound of the strength or duration occur between pings and lessen the (PTS), or temporary, in which case it is necessary to potentially induce the more effect of a particular exposure. called a temporary threshold shift severe of the effects discussed below. The total SEL depends on the SPL, (TTS). PTS consists of non-recoverable duration, and number of pings received. physical damage to the sound receptors Metrics Used in Acoustic Effect in the ear, which can include total or Discussions The acoustic effects on hearing that result in temporary threshold shift partial deafness, or an impaired ability This section includes a brief (TTS) and permanent threshold shift to hear sounds in specific frequency explanation of the two sound (PTS), do not imply any specific SPL, ranges. TTS is recoverable and is measurements (sound pressure level duration, or number of pings. The SPL considered to result from temporary, (SPL) and sound exposure level (SEL)) and duration of each received ping are non-injurious impacts to hearing-related frequently used in the discussions of used to calculate the total SEL and tissues. Hearing loss may affect an acoustic effects in this document. determine whether the received SEL animal’s ability to react normally to the sounds around it. SPL meets or exceeds the effect thresholds. For example, the sub-TTS behavioral The amplitude, duration, frequency, Sound pressure is the sound force per effects threshold of 173 dB SEL would and temporal pattern of sound exposure unit area, and is usually measured in be reached through any of the following all affect the amount of associated TS. micropascals (mPa), where 1 Pa is the exposures: As amplitude and duration of sound pressure resulting from a force of one A single ping with SPL = 173 dB re exposure increase, so, generally, does newton exerted over an area of one 1 mPa and duration = 1 second. the amount of TS. For continuous square meter. A single ping with SPL = 170 dB re sounds, exposures of equal energy will The sound levels to which most 1 mPa and duration = 2 seconds. lead to approximately equal effects mammals are sensitive extend over Two pings with SPL = 170 dB re 1 (Ward, 1997). For intermittent sounds, many orders of magnitude and, for this mPa and duration = 1 second. less TS will occur than from a reason, it is convenient to use a Two pings with SPL = 167 dB re 1 continuous exposure with the same logarithmic scale (the decibel (dB) scale) mPa and duration = 2 seconds. energy (some recovery will occur when measuring sound. SPL is between exposures) (Kryter et al., 1966; expressed as the ratio of a measured Potential Physiological Effects Ward, 1997). Additionally, though TTS sound pressure and a reference level. Physiological function is any of a is temporary, very prolonged exposure The commonly used reference pressure collection of processes ranging from to sound strong enough to elicit TTS, or

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shorter-term exposure to sound levels considerable disagreement among Once an animal’s central nervous well above the TTS threshold, can cause scientists as to its likelihood (Piantadosi system perceives a threat, it develops a PTS, at least in terrestrial mammals and Thalmann, 2004; Evans and Miller, biological response or defense that (Kryter, 1985). 2003). To date, Energy Levels (ELs) consists of a combination of the four Additional detailed information predicted to cause in vivo bubble general biological defense responses: regarding threshold shifts may be formation within diving cetaceans have behavioral responses, autonomic viewed in the Navy’s RIMPAC not been evaluated (NOAA, 2002b). nervous system responses, application and in the USWTR DEIS. Further, although it has been argued neuroendocrine responses, or immune Acoustically Mediated Bubble Growth that traumas from some recent beaked response. whale strandings are consistent with gas The physiological mechanisms One theoretical cause of injury to emboli and bubble-induced tissue behind stress responses involving the marine mammals is rectified diffusion separations (Jepson et al., 2003), there is hypothalamus-pituitary-adrenal glands (Crum and Mao, 1996), the process of no conclusive evidence of this. Because have been well-established through increasing the size of a bubble by evidence supporting the potential for controlled experiment in the laboratory exposing it to a sound field. This acoustically mediated bubble growth is and natural settings (Korte et al. 2005; process could be facilitated if the debatable, this proposed IHA does not McEwen and Seeman, 2000; Moberg, environment in which the ensonified give it any special treatment. 1985; 2000; Sapolsky et al., 2005). bubbles exist is supersaturated with gas. Additionally, the required mitigation Relationships between these Repetitive diving by marine mammals measures, which are designed to avoid physiological processes, animal can cause the blood and some tissues to behavioral disruptions that could result behavior, neuroendocrine responses, accumulate gas to a greater degree than in abnormal vertical movement by immune responses, inhibition of is supported by the surrounding whales through the water column, reproduction (by suppression of pre- environmental pressure (Ridgway and should also reduce the potential for ovulatory luteinizing hormones), and Howard, 1979). The deeper and longer creating circumstances that theoretically the costs of stress responses have also dives of some marine mammals (for contribute to harmful bubble growth. been documented through controlled example, beaked whales) are Additional information on the experiment in both laboratory and free- theoretically predicted to induce greater physiological effects of sound on marine living animals (for examples see, supersaturation (Houser et al., 2001b). If mammals may be found in the Navy’s Holberton et al., 1996; Hood et al., 1998; rectified diffusion were possible in IHA application and associated Jessop et al., 2003; Krausman et al., marine mammals exposed to high-level Environmental Assessment, the USWTR 2004; Lankford et al., 2005; Reneerkens sound, conditions of tissue DEIS, and on the Ocean Acoustic et al., 2002; Thompson and Hamer, supersaturation could theoretically Program section of the NMFS website 2000; Tilbrook et al., 2000). speed the rate and increase the size of (see ADDRESSES). The available evidence suggests that: bubble growth. Subsequent effects due with the exception of unrelieved pain or to tissue trauma and emboli would Stress Responses extreme environmental conditions, in presumably mirror those observed in In addition to PTS and TTS, exposure most animals (including humans) humans suffering from decompression to mid-frequency sonar is likely to result chronic stress results from exposure to sickness. in other physiological changes that have a series of acute stressors whose It is unlikely that the short duration other consequences for the health and cumulative biotic costs produce a of sonar pings would be long enough to ecological fitness of marine mammals. pathological or pre-pathological state in drive bubble growth to any substantial There is mounting evidence that wild an animal. The biotic costs can result size, if such a phenomenon occurs. animals respond to human disturbance from exposure to an acute stressor or However, an alternative but related in the same way that they respond to from the accumulation of a series of hypothesis has also been suggested: predators (Beale and Monaghan, 2004; different stressors acting in concert stable bubbles could be destabilized by Frid, 2003; Frid and Dill, 2002; Gill et before the animal has a chance to high-level sound exposures such that al., 2000; Gill and Sutherland, 2001; recover. bubble growth then occurs through Harrington and Veitch, 1992; Lima, Although these responses have not static diffusion of gas out of the tissues. 1998; Romero, 2004). These responses been explicitly identified in marine In such a scenario the marine mammal manifest themselves as interruptions of mammals, they have been identified in would need to be in a gas- essential behavioral or physiological other vertebrate animals and every supersaturated state for a long enough events, alteration of an animal’s time or vertebrate mammal that has been period of time for bubbles to become of energy budget, or stress responses in studied, including humans. Because of a problematic size. Yet another which an animal perceives human the physiological similarities between hypothesis has speculated that rapid activity as a potential threat and marine mammals and other mammal ascent to the surface following exposure undergoes physiological changes to species, NMFS believes that acoustic to a startling sound might produce prepare for a flight or fight response or energy sufficient to trigger onset PTS or tissue gas saturation sufficient for the more serious physiological changes with TTS is likely to initiate physiological evolution of nitrogen bubbles (Jepson et chronic exposure to stressors (Frid and stress responses. More importantly, al., 2003). In this scenario, the rate of Dill, 2002; Romero, 2004; Sapolsky et NMFS believes that marine mammals ascent would need to be sufficiently al., 2000; Walker et al., 2005). might experience stress responses at rapid to compromise behavioral or Classic stress responses begin when received levels lower than those physiological protections against an animal’s central nervous system necessary to trigger onset TTS. nitrogen bubble formation. Collectively, perceives a potential threat to its these hypotheses can be referred to as homeostasis. That perception triggers Potential Behavioral Effects ‘‘hypotheses of acoustically mediated stress responses regardless of whether a For a military readiness activity, Level bubble growth.’’ stimulus actually threatens the animal; B Harassment is defined as ‘‘any act that Although theoretical predictions the mere perception of a threat is disturbs or is likely to disturb a marine suggest the possibility for acoustically sufficient to trigger a stress response mammal or marine mammal stock in the mediated bubble growth, there is (Sapolsky et al., 2005; Seyle, 1950). wild by causing disruption of natural

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behavioral patterns, including, but not calculate cetacean behavioral reactions took advantage of the fact that calibrated limited to, migration, surfacing, nursing, as a function of known noise exposure. measurements of the sonar signals were breeding, feeding, or sheltering, to a During the TTS experiments, 4 dolphins made in situ and using advanced point where such behavioral patterns and 2 white whales were exposed modeling to bound likely received are abandoned or significantly altered.’’ during a total of 224 sessions to 1–s exposures, estimates of received sonar As discussed above, TTS consists of pulses between 160 and 204 dB re 1 signals by the killer whales were temporary, short-term impacts to microPa (root-mean-square sound possible. Received SPL values ranged auditory tissue that alter physiological pressure level (SPL)), at 0.4, 3, 10, 20, from 121 to 175 dB re: 1 microPa. The function, but that are fully recoverable and 75 kHz. Finneran and Schlundt most probable SEL values were 169.1 to without the requirement for tissue (2004) evaluated the behavioral 187.4 dB re: 1 microPa2–s; worst-case replacement or regeneration. An animal observations in each session and estimates ranged from 177.7 to 195.8 dB that experiences a temporary reduction determined whether a ‘‘behavioral re: 1 microPa2–s. Researchers observing in hearing sensitivity suffers no alteration’’ (ranging from modifications the animals during the course of sonar permanent injury to its auditory system, of response behavior during hearing exposure reported unusual alterations in but, for an initial time post-exposure, sessions to attacking the experimental swimming, breathing, and diving may not perceive some sounds due to equipment) occurred. For each behavior. the reduction in sensitivity. As a result, frequency, the percentage of sessions in For more detailed information the animal may not respond to sounds which behavioral alterations occurred regarding how marine mammals may that would normally produce a was calculated as a function of received respond to sound, see the Navy’s IHA behavioral reaction (such as a predator noise SPL. By pooling data across application, the Navy’s associated EA, or the social calls of conspecifics, which individuals and test frequencies, Richardson’s Marine Mammals and play important roles in mother-calf respective SPL levels coincident with Noise (1995), or the references cited on relations, reproduction, foraging, and responses by 25, 50, and 75 percent NMFS’ Ocean Acoustic Program website warning of danger). This lack of behavioral alteration were documented. (see ADDRESSES) response qualifies as a temporary 190 dB re 1 microPa (SPL) is the point Proposed Harassment Thresholds disruption of normal behavioral patterns at which 50 percent of the animals - the animal is impeded from exposed to 3, 10, and 20 kHz tones were For the purposes of the proposed IHA responding in a normal manner to an deemed to respond with some for this activity, NMFS recognizes three acoustic stimulus. behavioral alteration, and the threshold levels of take; Level A Harassment NMFS also considers disruption of that the Navy originally proposed for (Injury), Level B Harasssment the behavior of marine mammals that sub-TTS behavioral disturbance. (Behavioral Disruption), and mortality can result from sound levels lower than (2) Nowacek et al. (2004) conducted (or serious injury that may lead to those considered necessary for TTS to controlled exposure experiments on mortality) (Table 2). Mortality, or occur (often referred to as sub-TTS North Atlantic right whales using ship serious injury leading to mortality, may behavioral disruption). Though few noise, social sounds of con-specifics, not be authorized with an IHA. studies have specifically documented and an alerting stimulus (frequency NMFS has determined that for the effects of tactical mid-frequency modulated tonal signals between 500 Hz acoustic effects, acoustic thresholds are sonar on the behavior of marine and 4.5 kHz). Animals were tagged with the most effective way to consistently mammals in the wild, many studies acoustic sensors (D-tags) that both apply measures to avoid or have reported the effects of a wide range simultaneously measured movement in minimize the impacts of an action and of intense anthropogenic acoustic three dimensions. Whales reacted to quantitatively estimate the effects of stimuli on specific facets of marine strongly to alert signals at received an action. Thresholds are commonly mammal behavior, including migration levels of 133–148 dB SPL, mildly to used in two ways: (1) To establish a (Malme et al., 1984; Ljungblad et al., conspecific signals, and not at all to shut-down or power down zone, i.e., if 1988; Richardson et al., 1999), feeding ship sounds or actual vessels. The alert an animal enters an area calculated to be (Malme et al., 1988), and surfacing stimulus caused whales to immediately ensonified above the level of an (Nowachek et al., 2004). Below, NMFS cease foraging behavior and swim established threshold, a sound source is summarizes the results of two studies rapidly to the surface. Although SEL powered down or shut down; and (2) to and one after-the-fact investigation values were not directly reported, based calculate take, for example, if the Level wherein the natural behavior patterns of on received exposure durations, A Harassment threshold is 215 dB, a marine mammals exposed to levels of approximate received values were on model may be used to calculate the area tactical mid-frequency sonar, or sounds the order of 160 dB re: 1 microPa2–s. around the sound source that will be similar to mid-frequency sonar, lower (3) NMFS (2005) evaluated the ensonified to that level or above, then, than those thought to induce TTS were acoustic exposures and coincident based on the estimated density of disrupted to the point where it was behavioral reactions of killer whales in animals and the distance that the sound abandoned or significantly altered: the presence of tactical mid-frequency source moves, NMFS can estimate the (1) Finneran and Schlundt (2004) sonar. In this case, none of the animals number of marine mammals exposed to analyzed behavioral observations from were directly fitted with acoustic 215 dB. The rationale behind the related TTS studies (Schlundt et al., dosimeters. However, based on a Naval acoustic thresholds proposed for this 2000; Finneran et al., 2001; 2003) to Research Laboratory (NRL) analysis that authorization are discussed below.

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Levels of Take Pursuant to the MMPA Basis of Threshold Proposed Threshold

Level A harassment (Injury) Permanent Threshold Shift 215 dB (SEL). (PTS). Level B Harassment (Behavioral Effects) Temporary Threshold Shift 195 dB. (PTS). Sub-TTS Behavioral Effects .. 173 dB (SEL). Mortality, or Serious Injury That May Lead to Mortality (Stranding) Not enough information for May not be authorized with an quantitative threshold. IHA. Table 2. The three levels of take addressed in the MMPA, how NMFS measures them in regard to acoustic effects, and the propsed thresh- olds for this authorization.

TTS of the ear appear to be the most However, NMFS believes that in the Because it is non-injurious, NMFS susceptible to the physiological effects absence of controlled exposure considers TTS as Level B harassment of sound, and because threshold shifts experiments, the following (behavioral disruption) that is mediated (TSs) tend to occur at lower exposures investigations and reports (described by physiological effects on the auditory than other more serious auditory effects, previously in the Behavioral Effects system. The smallest measurable NMFS has determined that permanent section) constitute the best available amount of TTS (onset-TTS) is taken as threshold shift (PTS) is the best scientific information for establishing an the best indicator for slight temporary indicator for the smallest degree of appropriate acoustic threshold for sub- sensory impairment. However, as injury that can be measured. Therefore, TTS behavioral disruption: (1) Finneran mentioned earlier, NMFS believes that the acoustic exposure associated with and Schlundt (2004), in which behavioral disruptions may result from onset-PTS is used to define the lower behavioral observations from TTS received levels of tactical sonar lower limit of the Level A harassment. studies of captive bottlenose dophins than those thought to induce TTS and, PTS data do not currently exist for and beluga whales are analyzed as a therefore, NMFS does not consider on- marine mammals and are unlikely to be function of known noise exposure; (2) set TTS to be the lowest level at which obtained due to ethical concerns. Nowachek et al. (2004), in which Level B Harassment may occur. NMFS However, PTS levels for these animals controlled exposure experiments were considers the threshold for Level B may be estimated using TTS data and conducted on North Atlantic right Harasment as the received levels from relationships between TTS and PTS. whales using ship noise, social sounds which sub-TTS behavioral disruptions NMFS proposes the use of 215 dB re 1 of con-specifics, and an alerting are likely to result (discussed in Sub- mPa2–s as the acoustic threshold for stimulus; and (3) NMFS (2005), in TTS sub-section). However, the PTS. This threshold is based on a 20 dB which the behavioral reactions of killer threshold for Level A Harassment (PTS) increase in exposure EL over that whales in the presence of tactical mid- is derived from the threshold for TTS required for onset-TTS (195 dB). frequency sonar were observed, and and, therefore, it is necessary to describe Extrapolations from terrestrial mammal analyzed after the fact. Based on these how the TTS threshold was developed. data indicate that PTS occurs at 40 dB three studies, NMFS has set the sub-TTS The proposed TTS threshold is or more of TS, and that TS growth behavioral disruption threshold at 173 primarily based on the cetacean TTS occurs at a rate of approximately 1.6 dB dB re 1 mPa2–s (SEL). data from Schlundt et al. (2000). These TS per dB increase in EL. There is a 34 The Finneran and Schlundt (2004) tests used short-duration tones similar dB TS difference between onset-TTS (6 analysis is an important piece in the to sonar pings, and they are the most dB) and onset-PTS (40 dB). Therefore, development of an appropriate acoustic directly relevant data for the an animal would require approximately threshold for sub-TTS behavioral establishing TTS criteria. The mean 20dB of additional exposure (34 dB disruption because: (1) researchers had exposure EL required to produce onset- divided by 1.6 dB) above onset-TTS to superior control over and ability to TTS in these tests was 195 dB re 1 reach PTS. quantify noise exposure conditions; (2) microPa2–s. This result is corroborated The justification for establishing the behavioral patterns of exposed marine by the short-duration tone data of 215 dB acoustic criteria for PTS is mammals were readily observable and Finneran et al. (2000, 2003) and the described in detail in both the Navy’s long-duration noise data from Nachtigall RIMPAC IHA application and the definable; and, (3) fatiguing noise et al. (2003a,b). Together, these data Undersea Warfare Training Range consisted of tonal noise exposures with demonstrate that TTS in cetaceans is USWTR DEIS (see ADDRESSES). frequencies contained in the tactical mid-frequency sonar bandwidth. In correlated with the received EL and that Sub-TTS Behavioral Disruption onset-TTS exposures are fit well by an Finneran and Schlundt (2004) 190 dB re equal-energy line passing through 195 NMFS believes that behavioral 1 mPa (SPL) is the point at which 50 dB re 1 microPa2–s. disruption of marine mammals may percent of the animals exposed to 3, 10, The justification for establishing the result from received levels of mid- and 20 kHz tones were deemed to 195 dB acoustic criteria for TTS is frequency sonar lower than those respond with some behavioral described in detail in both the Navy’s believed necessary to induce TTS, and alteration. This 50 percent behavior RIMPAC IHA application and the further, that the lower limit of Level B alteration level (190 dB SPL) may be USWTR DEIS (see ADDRESSES). Harassment may be defined by the converted to an SEL criterion of 190 dB received sound levels associated with re 1 mPa2–s (the numerical values are PTS these sub-TTS behavioral disruptions. identical because exposure durations PTS consists of non-recoverable As of yet, no controlled exposure were 1–s), which provides consistency physical damage to the sound receptors experiments have been conducted with the Level A (PTS) effects threshold, in the ear and is, therefore, classified as wherein wild cetaceans are deliberately which are also expressed in SEL. The Level A harassment under the MMPA. exposed to tactical mid-frequency sonar Navy proposed 190 dB (SEL) as the For acoustic effects, because the tissues and their reactions carefully observed. acoustic threshold for sub-TTS

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behavioral disruption in the first IHA science to support the selection of an Bahamas application they submitted to NMFS. acoustic sub-TTS behavioral NMFS and the Navy prepared a joint NMFS acknowledges the advantages disturbance threshold at this time. report addressing the multi-species arising from the use of behavioral Taking into account all three studies, stranding in the Bahamas in 2000, observations in controlled laboratory NMFS has established 173 dB re: 1 which took place within 24 hours of conditions; however, there is mPa2 (SEL) as the threshold for sub-TTS U.S. Navy ships using active mid- considerable uncertainty regarding the behavioral disturbance. frequency sonar as they passed through validity of applying data collected from Stranding and Mortality the Northeast and Northwest Providence trained captives conditioned to not Channels. Of the 17 cetaceans that respond to noise exposure in Over the past 10 years, there have stranded (Cuvier’s beaked whales, establishing thresholds for behavioral been four stranding events coincident Blainsville’s beaked whales, Minke reactions of naive wild individuals to a with military mid-frequency sonar use whales, and a spotted dolphin), seven sound source that apparently evokes that are believed to most likely have animals died on the beach (5 Cuvier’s strong reactions in some marine been caused by exposure to the sonar. beaked whales, 1 Blainsville’s beaked mammals. Although wide-ranging in These occurred in Greece (1996), the whale, and the spotted dolphin) and the terms of sound sources, context, and Bahamas (2000), Madeira (2000) and other 10 were returned to the water type/extent of observations reported, the Canary Islands (2002). A number of alive (though their fate is unknown). A large and growing body of literature other stranding events coincident to the comprehensive investigation was regarding behavioral reactions of wild, operation of mid-frequency sonar and conducted and all possible causes of the naive marine mammals to resulting in the death of beaked whales stranding event were considered, anthropogenic exposure generally or other species (minke whales, dwarf suggests that wild animals are whether they seemed likely at the outset sperm whales, pilot whales) have been or not. The only possible contributory behaviorally affected at significantly reported, though the majority have not lower levels than those determined for cause to the strandings and cause of the been investigated to the level of the lesions that could not be ruled out was captive animals by Finneran and Bahamas stranding and, therefore, other Schlundt (2004). For instance, some intense acoustic signals (the dolphin causes cannot be ruled out. One of these necropsy revealed a disease and the cetaceans exposed to human noise strandings occurred in Hanalei Bay sound sources, such as seismic airgun death is considered unrelated to the during the last RIMPAC exercise in others). sounds and low frequency sonar signals, 2004. have been shown to exhibit avoidance Based on the way in which the behavior when the animals are exposed Greece, Madeira, and Canary Islands strandings coincided with ongoing to noise levels of 140–160 dB re: 1 mPa naval activity involving tactical mid- Twelve Cuvier’s beaked whales frequency sonar use, in terms of both under certain conditions (Malme et al., stranded along the western coast of 1983; 1984; 1988; Ljungblad et al., 1988; time and geography, the nature of the Greece in 1996. The test of a low- and physiological effects experienced by the Tyack and Clark, 1998). Richardson et mid-frequency active sonar system al. (1995) reviewed the behavioral dead animals, and the absence of any conducted by NATO was correlated other acoustic sources, the investigation response data for many marine mammal with the strandings by an analysis species and a wide range of human team concluded that mid-frequency published in Nature. A subsequent sonars aboard U.S. Navy ships that were sound sources. NATO investigation found the Two specific situations for which in use during the sonar exercise in strandings to be closely related, in time, exposure conditions and behavioral question were the most plausible source to the movements of the sonar vessel, reactions of free-ranging marine of this acoustic or impulse trauma. This mammals exposed to sounds very and ruled out other physical factors as sound source was active in a complex similar to those proposed for use in a cause. environment that included the presence RIMPAC are considered by Nowacek et In 2000, four beaked whales stranded of a surface duct, unusual and steep al. (2004) and NMFS (2005) (described in Madeira while several NATO ships bathymentry, a constricted channel with previously in Behavioral Effects were conducting an exercise near shore. limited egress, intensive use of multiple, subsection). In the Nowacek et al. (2004) Scientists investigating the stranding active sonar units over an extended study, North Atlantic right whales found that the injuries, which included period of time, and the presence of reacted strongly to alert signals at blood in and around the eyes, kidney beaked whales that appear to be received levels of 133–148 dB SPL, lesions, and pleural hemorrhage, as well sensitive to the frequencies produced by which, based on received exposure as the pattern of the stranding suggested these sonars. The investigation team durations, is approximately equivalent that a similar pressure event concluded that the cause of this to 160 dB re: 1 mPa2–s (SEL). In the precipitated or contributed to strandings stranding event was the confluence of NMFS (2005) report, unusual alterations in both Madeira and Bahamas (see the Navy mid-frequency sonar and these in swimming, breathing, and diving Bahamas sub-section). contributory factors working together, behaviors of killer whales observed by In 2002, at least 14 beaked whales of and further recommended that the Navy researchers in Haro Strait were three different species stranded in the avoid operating mid-frequency sonar in correlated, after the fact, with the Canary Islands while a naval exercise situations where these five factors presence of estimated received sound including Spanish vessels, U.S. vessels, would be likely to occur. This report levels between 169.1and 187.4 dB re: 1 and at least one vessel equipped with does not conclude that all five of these mPa2–s (SEL). mid-frequency sonar was conducted in factors must be present for a stranding While acknowledging the limitations the vicinity. Four more beaked whales to occur, nor that beaked whales are the of all three of these studies and noting stranded over the next several days. The only species that could potentially be that they may not necessarily be subsequent investigation, which was affected by the confluence of the other predictive of how wild cetaceans might reported in both Nature and Veterinary factors. Based on this, NMFS believes react to mid-frequency sonar signals in Pathology, revealed a variety of traumas, that the presence of surface ducts, steep the OpArea, NMFS believes that these including emboli and lesions suggestive bathymetry, and/or constricted channels three studies are the best available of decompression sickness. added to the operation of mid-frequency

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sonar in the presence of cetaceans received level at Hanalei Bay from the contribute to the Bahamas stranding (especially beaked whales and, sonar operated at the PMRF range on (mid-frequency sonar, beaked whale potentially, deep divers) may increase July 3 would have been approximately presence, surface ducts, steep the likelihood of producing a sound 147.5 dB re 1 mPa. bathymetry, and constricted channels field with the potential to cause with limited egress) will be present Beaked Whales cetaceans to strand, and therefore, during RIMPAC ASW exercises. necessitates caution. Recent beaked whale strandings have However, as mentioned previously, prompted inquiry into the relationship NMFS believes caution should be used Hanalei Bay between mid-frequency active sonar and anytime either steep bathymetry, surface Approximately 150–200 melon- the cause of those strandings. Although ducting conditions, or a constricted headed whales (Peponocephala electra - Navy mid-frequency active tactical channel is present in addition to the a deep water species) live stranded (i.e. sonar has been identified as the most operation of mid-frequency tactical the animals entered and remained in plausible contributory source to the sonar and the presence of cetaceans unusual habitat) in Hanalei Bay on the 2000 Bahamas stranding event, the (especially beaked whales). morning of July 3, 2004 at specific mechanisms that led to that In order to avoid the potential for approximately 7 a.m. RIMPAC exercises stranding are not understood, and there mortality or serious injury leading to involving mid-frequency sonar were is uncertainty regarding the ordering of mortality (in the form of strandings), conducted on July 3, but the official effects that led to the stranding. It is NMFS is requiring additional mitigation exercise did not commence until uncertain whether beaked whales were and monitoring beyond that proposed in approximately 8 a.m. and, thus, could directly injured by sound (a the Navy’s application. However, given not have been the original triggering physiological effect) prior to stranding the information regarding beaked whale event. However, as six naval surface or whether a behavioral response to strandings and the uncertainty regarding vessels traveled to the operational area sound occurred that ultimately caused the mechanisms for the strandings, the previous day, each intermittently the beaked whales to strand and be NMFS will treat all predicted behavioral transmitted active sonar during injured. disturbance of beaked whales as ‘‘coordinated submarine training Several potential physiological potential non-lethal injury. All exercises’’ as they approached Kauai outcomes caused by behavioral predicted Level B harassment of beaked from the south. NMFS conducted a responses to high-intensity sounds have whales is therefore given consideration detailed sound propagation analysis of been suggested by Cox et al. (in press). as non-lethal Level A harassment. the sonar transmissions of Japanese and These include: gas bubble formation U.S. naval vessels transiting from Pearl caused by excessively fast surfacing; Estimated Take by Incidental Harbor to Kauai on the afternoon and remaining at the surface too long when Harassment evening of 2 July 2004. Predicted sound tissues are supersaturated with nitrogen; In order to estimate acoustic fields were calculated for five positions or diving prematurely when extended exposures from the RIMPAC ASW along the known tracks. For each ship time at the surface is necessary to operations, acoustic sources to be used position where active sonar was used, eliminate excess nitrogen. Baird et al. were examined with regard to their transit speeds from areas to the south (2005) found that slow ascent rates from operational characteristics. Systems and east of Kauai necessary to reach deep dives and long periods of time with acoustic source levels below 205 Hanalei Bay by 7a.m. were determined. spent within 50 m of the surface were dB re 1 mPa were not included in the These transit rates were then compared typical for both Cuvier’s and analysis given that at this source level with the ship locations and predicted Blainsville’s beaked whales, the two (205 dB re 1 mPa) or below, a 1–second sound fields. Results indicate that species involved in mass strandings ping would attenuate below the animals exposed to military sonar related to naval sonar. These two behavioral disturbance threshold of 173 signals near the vessels could have behavioral mechanisms may be dB at a distance of about 100 meters. As reached the Bay while swimming at necessary to purge excessive dissolved additional verification that they did not rates believed sustainable over relatively nitrogen concentrated in their tissues need to be considered further, sources at long periods for this species. during their frequent long dives (Baird this level were modeled, using The analysis is by no means et al., 2005). Baird et al. (2005) further spreadsheet calculations, to determine conclusive evidence that exposure to suggests that abnormally rapid ascents the marine mammal exposures tactical sonar on 2 July resulted in the or premature dives in response to high- estimated to result from their operation. pod of whales stranding in Hanalei Bay intensity sonar could indirectly result in For example, a sonobuoy’s typical use on July 3. However, based on these physical harm to the beaked whales, yielded an exposure area that produced results, NMFS concludes that it was through the mechanisms described 0 marine mammal exposures based on possible that sonar transmissions caused above (gas bubble formation or non- the maximum animal density. Such a behavioral responses in the animals that elimination of excess nitrogen). source was called non-problematic and led to their swimming away from the During the RIMPAC exercise there was not modeled in the sense of running sound source, into the sound shadow of will be use of multiple sonar units in an its parameters through the the island of Kauai, and entering area where three beaked whale species environmental model Comprehensive Hanalei Bay (a shallower environment may be present. A surface duct may be Acoustic System Simulation (CASS), than they usually inhabit). Further, it is present in a limited area for a limited generating an acoustic footprint, etc. possible that sonar transmissions during period of time. Although most of the The proposed counter measures source the official RIMPAC exercise on July 3 ASW training events will take place in level was less than 205 dB but its could have prevented some of whales the deep ocean, some will occur in areas operational modes were such that a from leaving the Bay (witnesses of high bathymetric relief. However, simple ‘‘look’’ was not applicable, and observed whales attempting several none of the training events will take a separate study was conducted to times to depart the Bay, only to return place in a location having a constricted ensure it did not need to be considered rapidly once just outside it). The Navy channel with limited egress similar to further. modeled the sound transmissions the Bahamas. Consequently, not all five In addition, systems with an operating during the event and calculated that the of the environmental factors believed to frequency greater than 100 kHz were not

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analyzed in the detailed modeling as the area at or above the threshold to sources that would be used during the these signals attenuate rapidly, resulting arrive at a predicted marine mammal exercise, may not be conservative. With in very short propagation distances. exposure area. regard to RIMPAC 2006, it is NMFS Acoustic countermeasures were Step 5. Multiply the exposure areas by initial view that an extensive set of previously examined and found not to the corresponding mammal population mitigation and monitoring requirements be problematic. The AN/AQS 13 density estimates. Sum the products to like those set forth in this notice would (dipping sonar) used by carrier based produce species sound exposure rate. ensure that impacts on species and helicopters was determined in the Analyze this rate based on the annual stocks are negligible. This conclusion Environmental Assessment/Overseas number of events for each exercise would not necessarily apply to other Environmental Assessment of the SH– scenario to produce annual acoustic naval acoustic activities whose 60R Helicopter/ALFS Test Program, exposure estimates. operational and environmental October 1999, not to be problematic due The modeled estimate indicates the parameters may differ. Additional to its limited use and very short pulse potential for a total of 33,331 Level B detailed information regarding potential length (2 to 5 pulses of 3.5 to 700 msec). harassment exposures across all marine effects on individual species may be Since 1999, during the time of the test mammal species. viewed in the Navy’s IHA application program, there have been over 500 The results of the model (estimated (see ADDRESSES). hours of operation, with no Level B Harassment takes (Level A Potential Effects on Habitat environmental effects observed. The Harassment for beaked whales)) are Directional Command Activated presented in Table 1. When analyzing The primary source of marine Sonobuoy System (DICASS) sonobuoy the results of the acoustic exposure mammal habitat impact is acoustic was determined not to be problematic modeling to provide an estimate of exposures resulting from ASW having a source level of 201dB re 1 mPa. effects, it is important to understand activities. However, the exposures do These acoustic sources, therefore, did that there are limitations to the not constitute a long term physical not require further examination in this ecological data used in the model, and alteration of the water column or bottom analysis. that the model results must be topography, as the occurrences are of Based on the information above, only interpreted within the context of a given limited duration and are intermittent in hull mounted mid-frequency active species’ ecology and biology. time. Surface vessels associated with the tactical sonar was determined to have NMFS believes that the model take activities are present in limited duration the potential to affect marine mammals estimates are overestimates for the and are intermittent as well. following reasons: protected under the MMPA and ESA Potential Effects on Subsistence Harvest during RIMPAC ASW training events. (1) The implementation of the extensive mitigation and monitoring of Marine Mammals Model that will be required by the IHA There is no known legal subsistence An analysis was conducted for (Including large power-down/shut- hunting for marine mammals in or near RIMPAC 2006, modeling the potential down zones, geographic restrictions, the survey area, so the proposed interaction of hull mounted mid- and monitors that will almost certainly activities will not have any impact on frequency active tactical sonar with sight groups of animals, if not the availability of the species or stocks marine mammals in the OpArea. The individuals, in time to avoid/minimize for subsistence users. impacts) have not been taken into model incorporates site-specific Mitigation, Monitoring, and Reporting bathymetric data, time-of-year-specific account. sound speed information, the sound (2) In the model the Navy used to The Navy has requested an Incidental source’s frequency and vertical beam estimate take, marine mammals remain Harassment Authorization (IHA) from pattern, and multipath pressure stationary as the sound source passes by NMFS for the take, by harassment, of information as a function of range, and their immediate area is ensonified. marine mammals incidental to RIMPAC depth and bearing. Results were NMFS believes that some, if not the ASW exercises in the OpArea. Section calculated based on the typical ASW majority of animals, will move away 101(a)(5)(D) of the MMPA, the section activities planned for RIMPAC 2006. from the sound to some degree, thus pursuant to which IHAs are issued, may Acoustic propagation and mammal receiving a lower level of energy than not be used to authorize mortality or population and density data were estimated by the model. serious injury leading to mortality. The analyzed for the July timeframe since (3) NMFS interprets the results of the Navy’s analysis of the RIMPAC ASW RIMPAC occurs in July. The modeling Navy’s model as the number of times exercises concluded that no mortality or occurred in five broad steps, listed marine mammals might be exposed to serious injury leading to mortality below. particular received levels of sound. would result from the proposed Step 1. Perform a propagation analysis However, NMFS believes it would be activities. However, NMFS believes that for the area ensonified using spherical unrealistic, considering the fast-paced, some marine mammals may react to spreading loss and the Navy’s CASS/ multi-vessel nature of the exercise and mid-frequency sonar, at received levels GRAB program, respectively. the fact that the exercise continues over lower than those thought to cause direct Step 2. Convert the propagation data the course of a month in an area with physical harm, with behaviors that may into a two-dimensional acoustic resident populations of cetaceans, to lead to physiological harm, stranding, footprint for the acoustic sources assume that each exposure involves a or, potentially, death. Therefore, in engaged in each training event as they different whale; some whales are likely processing the Navy’s IHA request, move through the six acoustic exposure to be exposed once, while others are NMFS has required additional model areas. likely to be exposed more than mitigation and monitoring than Step 3. Calculate the total energy flux once.Some elements of the Navy’s originally proposed in the Navy’s density level for each ensonified area modeling, such as its calculation of application to ensure that mortality or summing the accumulated energy of all received levels without regard to where serious injury leading to mortality does received pings. animals occur in the water column, are not result from the proposed activities. Step 4. Compare the total energy flux conservative. Other elements, such as its In any IHA issued there is the density to the thresholds and determine evaluation of some but not all acoustic requirement to supply the ‘‘means of

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effecting the least practicable [adverse] identification aid when marine detection indicators of close-aboard impact upon the affected species.’’ mammals are sighted, and they receive marine mammals prior to the NMFS’ determination of ‘‘the least updates to the current marine species commencement of ASW operations practicable adverse impact on the awareness training as appropriate. involving active mid-frequency sonar. affected species’’ includes consideration Aviation units – All pilots and When marine mammals are detected of personnel safety, practicality of aircrew personnel, whose airborne close aboard, all ships, submarines, and implementation, and impact on the duties during ASW operations include aircraft engaged in ASW would reduce effectiveness of military readiness searching for submarine periscopes, mid-frequency active sonar power levels activities. While NMFS’ proposed report the presence of marine species in in accordance with the following mitigation and monitoring requirements the vicinity of exercise participants. specific actions: discussed below are intended to effect Sonar personnel on ships, (1) Helicopters shall observe/survey the ‘‘least practicable adverse impact’’, submarines, and ASW aircraft – Both the vicinity of an event location for 10 they are also designed to ensure that no passive and active sonar operators on minutes before deploying active mortality or serious injury leading to ships, submarines, and aircraft utilize (dipping) sonar in the water. Helicopters mortality occurs, so that an IHA may be protective measures relative to their shall not dip their sonar within 200 legally issued under the MMPA. platform. yards of a marine mammal and shall The Environmental Annex to the secure pinging if a marine mammal Standard Operating Procedures RIMPAC Operational Order mandates Proposed in Navy Application closes within 200 yards after pinging specific actions to be taken if a marine has begun. Navy shipboard lookout(s) are highly mammal is detected and these actions (2) Note: Safety radii, power-down, qualified and experienced observers of are standard operating procedure and shut-down zones proposed by the the marine environment. Their duties throughout he exercise. Navy have been replaced with more require that they report all objects Implementation of these protective conservative measures required by sighted in the water to the Officer of the measures is a requirement and involves NMFS and are discussed in the next Deck (e.g., trash, a periscope, a marine the chain of command with supervision section. mammal) and all disturbances (e.g., of the activities and consequences for The RIMPAC Operational Order surface disturbance, discoloration) that failing to follow orders. Activities Environmental Annex (Appendix A) may be indicative of a threat to the undertaken on a Navy vessel or aircraft includes these specific measures that vessel and its crew. There are personnel are highly controlled. Very few actions are to be followed by all exercise serving as lookouts on station at all are undertaken on a Navy vessel or participants. times (day and night) when a ship or aircraft without oversight by and The Navy proposes that training be surfaced submarine is moving through knowledge of the chain of command. provided to exercise participants and the water. Failure to follow the orders of one’s NOAA officials before and during the in Navy lookouts undergo extensive superior in the chain of command can port phase of RIMPAC (26–30 Jun 06). training in order to qualify as a result in disciplinary action. watchstander. This training includes on- This will consist of exercise participants the-job instruction under the Operating Procedures (CO/XO/Ops) reviewing the C3F Marine supervision of an experienced The following procedures are Mammal Brief, available OPNAV N45 watchstander, followed by completion implemented to maximize the ability of video presentations, and a NOAA brief of the Personal Qualification Standard operators to recognize instances when presented by C3F on marine mammal program, certifying that they have marine mammals are close aboard and issues in the Hawaiian Islands. The demonstrated the necessary skills (such avoid adverse effects to listed species: Navy will also provide the following as detection and reporting of partially Visual detection/ships and training for RIMPAC participants: submerged objects). In addition to these submarines – Ships and surfaced (1)NUWC will train observers on requirements, many Fleet lookouts submarines have personnel on lookout marine mammal identification periodically undergo a 2–day refresher with binoculars at all times when the observation techniques training course. vessel is moving through the water. (2)Third fleet will brief all The Navy includes marine species Standard operating procedure requires participants on marine mammal awareness as part of its training for its these lookouts maintain surveillance of mitigation requirements bridge lookout personnel on ships and the area visible around their vessel and (3)Participants will receive video submarines. Marine species awareness to report the sighting of any marine training on marine mammal awareness training was updated in 2005 and the species, disturbance to the water’s (4)Navy offers NOAA/NMFS additional training materials are now surface, or object (unknown or opportunity to send a rep to the ashore included as required training for Navy otherwise) to the Officer in Command. portion of the exercise to address lookouts. This training addresses the Visual detection/aircraft – Aircraft participants and/or observe training. lookout’s role in environmental participating in RIMPAC ASW events Conservation Measures (Research) protection, laws governing the will conduct and maintain, whenever protection of marine species, Navy possible, surveillance for marine species The Navy will continue to fund stewardship commitments, and general prior to and during the event. The ongoing marine mammal research in the observation information to aid in ability to effectively perform visual Hawaiian Islands. Results of avoiding interactions with marine searches by participating aircraft crew conservation efforts by the Navy in species. Marine species awareness and will be heavily dependent upon the other locations will also be used to training is reemphasized by the primary duties assigned as well as support efforts in the Hawaiian Islands. following means: weather, visibility, and sea conditions. The Navy is coordinating long term Bridge personnel on ships and Sightings would be immediately monitoring/ studies of marine mammals submarines – Personnel utilize marine reported to ships in the vicinity of the on various established ranges and species awareness training techniques event as appropriate. operating areas: as standard operating procedure, they Passive detection for submarines – (1) Coordinating with NMFS to have available the ‘‘whale wheel’’ Submarine sonar operators will review conduct surveys within the selected

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Hawaiian Islands Operating Area as part ship or submarine will limit active zone, the Navy will power down sonar of a baseline monitoring program. transmission levels to at least 6 dB as if marine mammals were present in (2) Implementing a long-term below the equipment’s normal operating the zones they cannot see (for example, monitoring program of marine mammal level for sector search modes. Within at night, if night goggles allow detection populations in the OpArea, including the water depths encompassed by the out to 1000 m, power-down would not evaluation of trends. proposed RIMPAC areas, a 6–dB be necessary under normal conditions, (3) Continuing Navy research and reduction in ping levels would reduce however, in strong surface duct Navy contribution to university/external the range of potential acoustic effects to conditions, the Navy would need to research to improve the state of the about half of its original distance. This, power down 6 dB, as they could not science regarding marine species in turn, would reduce the area of effectively detect mammals out to 2000 biology and acoustic effects. acoustic effects to about one quarter of m, the prescribed safety zone ). (4) Sharing data with NMFS and the its original size. Ships and submarines (5) With the exception of three public, via the literature, for research would continue to limit maximum ping specific choke-point exercises (special and development efforts. levels by this 6–dB factor until the measures outlined in item 8), the Navy The Navy has contracted with a animal has been seen to leave the area, will not conduct sonar activities in consortium of researchers from Duke has not been seen for 30 minutes, or the constricted channels or canyon-like University, University of North Carolina vessel has transited more than 2000 m areas. at Wilmington, University of St. beyond the location of the sighting. (6) With the exception of three Andrews, and the NMFS Northeast Should the marine mammal be specific choke-point exercises (special Fisheries Science Center to conduct a detected within or closing to inside 500 measures outlined below), the Navy will pilot study analysis and develop a m of the sonar dome, active sonar not operate mid-frequency sonar within survey and monitoring plan that lays transmissions will be limited to at least 25 km of the 200 m isobath. out the recommended approach for 10 dB below the equipment’s normal (7) Navy watchstanders, the surveys (aerial/shipboard, frequency, operating level for sector search modes. individuals responsible for detecting spatial extent, etc.) and data analysis Ships and submarines would continue marine mammals in the Navy’s standard (standard line-transect, spatial to limit maximum ping levels by this operating procedures, will participate in modeling, etc.) necessary to establish a 10–dB factor until the animal has been marine mammal observer training by a baseline of protected species seen to leave the area, has not been seen NMFS-approved instructor (NMFS will distribution and abundance and monitor for 30 minutes, or the vessel has work with Navy to develop appropriate for changes that might be attributed to transited more than 1500 m beyond the format, potentially to be presented to ASW operations on the Atlantic Fleet location of the sighting. Navy personnel during the port phase of Undersea Warfare Training Range. The Should the marine mammal be RIMPAC, June 26–30). Training will Research Design for the project will be detected within or closing to inside 200 focus on identification cues and utilized in evaluating the potential for m of the sonar dome, active sonar behaviors that will assist in the implementing similar programs in the transmissions will cease. When a detection of marine mammals and the Hawaiian Islands ASW operations areas. marine mammal or sea turtle is detected recognition of behaviors potentially In addition, a Statement of Interest has closing to inside approximately 200 m indicative of injury or stranding. been promulgated to initiate a similar of the sonar dome, the principal risk Training will also include information research and monitoring project in the becomes potential physical injury from aiding in the avoidance of marine Hawaiian Islands and the remainder of collision. Accordingly, ships and mammals and the safe navigation of the the Pacific Fleet OPAREAs. The submarines shall maneuver to avoid vessel, as well as species identification execution of funding to begin the collision if the marine species closes review (with a focus on beaked whales resultant monitoring is planned for the within 200 m to the extent possible, and other species likely to strand). At fall of 2006. with safety of the vessel being least one individual who has received paramount. Sonar will not resume until this training will be present, and on Reporting the animal has been seen to leave the watch, at all times during operation of The RIMPAC Operational Order area, has not been seen for 30 minutes, tactical mid-frequency sonar, on each Environmental Annex (see example in or the vessel has transited more than vessel operating mid-frequency sonar. Appendix A of the application) includes 1200 m beyond the location of the (8) The Navy will conduct no more specific reporting requirements related sighting. than three choke-point exercises. These to marine mammals. (3) In strong surface ducting exercises will occur in the Kaulakahi conditions, the Navy will enlarge the Channel (between Kauai and Niihau) Additional Proposed Mitigation, safety zones such that a 6–dB power- and the Alenuihaha Channel (between Monitoring, and Reporting Measures down will occur if a marine mammal Maui and Hawaii). These exercises will Required by NMFS enters the zone within a 2000 m radius not be conducted in a constricted The following protective mitigation around the source, a 10–dB power-down channel like was present in the and monitoring measures are proposed will occur if an animal enters the 1000 Bahamas, but will fall outside of the to be implemented in addition to the m zone, and shut down will occur when requirements listed above, i.e., to avoid standard operating procedures an animal closes within 500 m of the canyon-like areas and to operate sonar discussed in the previous section: sound source. farther than 25 km from the 200 m (1) The Navy will operate sonar at the (4) In low visibility conditions (i.e., isobath. Therefore, NMFS has required lowest practicable level, not to exceed whenever the entire safety zone cannot additional mitigation and monitoring 235 dB, except for occasional short be effectively monitored due to measures for these three exercises periods of time to meet tactical training nighttime, high sea state, or other designed to avoid the possibility of objectives. factors), the Navy will use additional mortality, or serious injury leading to (2) Safety Zones – When marine detection measures, such as infrared (IR) mortality, of marine mammals. The mammals are detected by any means or enhanced passive acoustic detection. additional measures for these three (aircraft, lookout, or aurally) within If detection of marine mammals is not choke-point exercises below are as 1000 m of the sonar dome (the bow), the possible out to the prescribed safety follows:

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a. The Navy will provide NMFS upon their return at the end of each Negligible Impact Determination and (Stranding Coordinator and Protected day’s activities. Finally, surveillance of Avoidance of Mortality of Marine Resources, Headquarters) and the the beach shoreline and nearshore Mammals Hawaii marine patrol with information waters bounding PMRF will occur Negligible impact is defined as ’’...an regarding the time and place for the randomly around the clock a minimum impact resulting from the specified choke-point exercises in advance of the four times in each 24 hour period. activity that cannot be reasonably exercises. f. For the Alenuihaha Channel expected to, and is not reasonably likely b. The Navy will have at least one (between Maui and Hawaii), in addition to, adversely affect the species or stock dedicated Navy observer that has to aerial reconnaissance as described through effects on annual rates of received the training mentioned above, previously, the Navy will undertake recruitment or survival.’’ Because NMFS on board each ship and conducting shoreline reconnaissance and nearshore does not expect any mortality or injury observations during the operation of observations by a team rotating between to result from these activities, NMFS mid-frequency tactical sonar during the Mahukona and Lapakahi before, during, believes the authorized takings, by choke-point exercises. The Navy has and after the exercise. harassment, can be reasonably expected also authorized the presence of two (9) NMFS and the Navy will continue to not adversely affect the species or experienced marine mammal observers coordination on the ‘‘Communications (non-Navy personnel) to embark on stock through effects on annual rates of and Response Protocol for Stranded Navy ships for observation during the survival. NMFS acknowledges that Marine Mammal Events During Navy exercise. Level B Harassment to large enough c. The Navy will coordinate a focused Operations in the Pacific Islands portions of a species or stock or over a monitoring effort around the choke- Region’’ that is currently under long enough time could potentially point exercises, to include pre-exercise preparation by NMFS PIRO to facilitate adversely affect survival rates, however, monitoring (2 hours), during-exercise communication during RIMPAC. The due to the required mitigation and monitoring, and post-exercise Navy will coordinate with the NMFS monitoring during this proposed monitoring (1–2 days). This monitoring Stranding Coordinator for any unusual activity (which reduce the numbers of effort will include at least one dedicated marine mammal behavior, including animals exposed and the levels they are aircraft or one dedicated vessel for stranding, beached live or dead exposed to), as well as the duration and realtime monitoring from the pre- cetacean(s), floating marine mammals, nature of the activities, NMFS does not through post-monitoring time period, or out-of-habitat/milling live cetaceans believe RIMPAC will adversely affect except at night. The vessel or airplane that may occur at any time during or survival. may be operated by either dedicated shortly after RIMPAC activities. After As discussed earlier (see Stress Navy personnel, or non-Navy scientists RIMPAC, NMFS and the Navy (CPF) Responses), some portion of the animals contracted by the Navy, who will be in will prepare a coordinated report on the exposed to SELs greater than 173 dB regular communication with a Tactical practicality and effectiveness of the during the RIMPAC exercises will Officer with the authority to shut-down, protocol that will be provided to Navy/ undergo a physiological stress response. power-down, or delay the start-up of NMFS leadership. Relationships between stress responses sonar operations. These monitors will (10)The Navy will provide a report to and inhibition of reproduction (by communicate with this Officer to ensure NMFS after the completion of RIMPAC suppression of pre-ovulatory luteinizing the safety zones are clear prior to sonar that includes: hormones, for example) have been well- start-up, to recommend power-down a. An estimate of the number of documented. However, NMFS believes and shut-down during the exercise, and marine mammals harassed based on the manner in which individual animals to extensively search for potentially both modeled sound and sightings of respond to different stressors varies injured or stranding animals in the area marine mammals. across a continuum that is normally distributed with hyper-sensitive and and down-current of the area post- b. An assessment of the effectiveness hypo-sensitive animals being on the exercise. of the mitigation and monitoring tails of the curve. Therefore, NMFS does d. The Navy will further contract an measures with recommendations of how not believe that much more than a small experienced cetacean researchers to to improve them. conduct systematic aerial portion of animals exposed to sound reconnaissance surveys and c. Results of the marine species levels above 173 dB would respond in observations before, during, and after monitoring during the RIMPAC a manner that physiologically inhibits the choke-point exercises with the exercise. reproduction. Additionally, suppression intent of closely examining local d. As much unclassified information of pre-ovulatory luteinizing hormones populations of marine mammals during as the Navy can provide including, but would only be of a concern to species the RIMPAC exercise. not limited to, where and when sonar whose period of reproductive activity e. For the Kaulakahi Channel was used (including sources not overlaps in time and space with (between Kauai and Niihau), shoreline considered in take estimates, such as RIMPAC. NMFS also believes that due reconnaissance and nearshore submarine and aircraft sonars) in to the enhanced nature of the observations will be undertaken by a relation to any measured received levels monitoring required in this team located at Kekaha (the (such as at sonobuoys or on PMRF authorization, combined with the approximate mid point of the Channel). range), source levels, numbers of shutdown zones, the likelihood of One of these individuals was formerly sources, and frequencies, so it can be seeing and avoiding mother/calf pairs or employed by NOAA as a marine coordinated with observed cetacean animals engaged in social reproductive mammal observer and trained NOAA behaviors. behaviors is high. Consequently, NMFS personnel in marine mammal The mitigation and monitoring believes it is unlikely the authorized observation techniques. Additional proposed in this IHA are intended to takings will adversely affect the species observations will be made on a daily function adaptively, and NMFS fully stocks through effects on annual rates of basis by range vessels while enroute expects to refine them for future recruitment. from Port Allen to the range at PMRF (a authorizations based on the reporting Table 3 summarizes the reasoning distance of approximately 16 nmi) and input from the Navy. behind NMFS’ preliminary negligible

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impact determination, in terms of how larger animals and species that travel in they are cryptic or easily seen, and will mitigation measures contribute towards larger groups. However, NMFS has also effectively avoid the likelihood of it and what other factors were included coastal and steep bathymetry mortality, or serious injury, of marine considered. Several of the measures restrictions, and extended power-down/ mammals. addressed have a visual monitoring shut-down zones, which will BILLING CODE 3510–22–S component, which NMFS recognizes is significantly reduce the numbers of most effective in reducing impacts to animals taken, regardless of whether

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BILLING CODE 3510–22–C

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As mentioned in Table 3, the number population. Spinner dolphins and false and, to a lesser extent, TTS. NMFS has of individuals harassed, in relation to killer whales were calculated to further determined that these takings, by the abundance of the species or stock, potentially have Level B Harassment of harassment, will result in no more than factors into the negligible impact up to 103 percent and 51 percent of the a negligible impact to the affected determination. The raw modeled population, respectively. For the species or stocks. To be conservative, exposure numbers produced by the reasons stated above, NMFS believes all NMFS and the Navy initially used the model do not take into account how any of the actual percentages will be approach of treating beaked whales of the mitigation or monitoring significantly less. Also, for the spinner exposed to sound levels thought to measures may reduce the number of dolphins and false killer whales in induce Level B Harassment as if they exposures. Though no particular particular, these percentages are would receive Level A Harassment. numeric reduction of the estimated take incorrect (too high) because of the However, due to the extensive numbers as a result of the mitigation following: mitigation and monitoring levels, NMFS measures can be justified, they are Spinner dolphins – The estimated has preliminarily determined that qualitatively addressed in Table 3 and abundance of 2,805 animals was derived beaked whales will not experience Level NMFS believes the numbers of animals from one line-transect survey of the A Harrassment as a result of these that may be harassed are significantly Hawaiian Islands EEZ conducted in exercises. lower than the number of modeled 2002. The NMFS stock assessment states Endangered Species Act (ESA) exposures. that the estimate may be negatively Additionally, when further analyzing biased because relatively little survey There are seven marine mammal the effects of these takes on the affected effort occurred in the nearshore areas species and five sea turtle species that species and stocks, NMFS believes it where these dolphins are abundant in are listed as endangered under the ESA would be unrealistic, considering the the day light hours when the survey was with confirmed or possible occurrence fast-paced, multi-vessel nature of the conducted. in the study area: humpback whale, exercise and the fact that the exercise False killer whales – The estimated North Pacific right whale, sei whale, fin continues over the course of a month in abundance of false killer whales is whale, blue whale, sperm whale, and an area with resident populations of based on 12 aerial surveys conducted Hawaiian monk seal, loggerhead sea cetaceans, to assume that each exposure within 25 nm of the shore between 1993 turtle, the green sea turtle, hawksbill sea involves a different whale. Some whales and 1998. The NMFS stock assessment turtle, leatherback sea turtle, and olive are likely to be exposed once, while report states that the study ridley sea turtle. Most of the cetacean others are likely to be exposed more underestimates the number of false species and the Hawaiian monk seal are than once. One way to numerically killer whales within the Hawaiian EEZ expected to occur in the OpArea during address this concept is to assume that because areas around the Northwestern the RIMPAC exercises. As mentioned the exposure events would be Hawaiian Islands and areas beyond 25 previously, humpback whales are not distributed normally, with the nm were not surveyed, and because the believed to be present in the July exposures that each affect a different data were uncorrected for the portion of timeframe. Because definitive whale falling within one standard diving animals missed from the survey information on sei and fin whales is deviation (68.26 percent), the exposures aircraft. lacking, their possible presence during assumed to affect different whales each To reiterate, NMFS believes that the the July timeframe was assumed, twice within 2 standard deviations actual percentages of the stocks affected although it is unlikely. (27.18 percent), the exposures assumed by this activity are significantly lower Under section 7 of the ESA, the Navy to affect different whales each 3 times than those suggested by the modeled has begun consultation with NMFS on within 3 standard deviations (4.28 exposures. the proposed RIMPAC ASW exercises. percent), and so on, if the populations NMFS has preliminarily determined NMFS will also consult internally on are larger. If this relationship is applied that with the full implementation of the the issuance of an IHA under section to estimated numbers of exposures all of the proposed mitigation and 101(a)(5)(D) of the MMPA for this produced by the Navy’s model, the monitoring measures (especially the activity. Consultation will be concluded calculated number of affected animals is additional measures required by NMFS), prior to a determination on the issuance approximately 16 percent less than the the RIMPAC ASW exercises are highly of an IHA. estimated number of exposures for any unlikely to result in the serious injury or death of a marine mammal. In the National Environmental Policy Act given species. NMFS acknowledges the (NEPA) lack of specific sonar/marine mammal unanticipated event that any cases of data to support this approach, however, marine mammal injury or mortality are In April, 2006, the Navy prepared a NMFS believes that this approach will judged by NMFS or Navy to result from revised 2006 Supplement on the 2002 help us more closely approximate the these activities, the Navy will cease Programmatic Environmental number of animals potentially taken operating sonar immediately. Assessment on RIMPAC. This revised than an assumption that each sonar ping NMFS has further preliminarily EA has been posted on the Navy website affects a different cetacean. determined that, based on the nature (see ADDRESSES) concurrently with the To examine the number of individuals and duration of the proposed activities, publication of this proposed IHA and harassed in relation to the species or and dependent upon the full public comments have been solicited. stock, NMFS divided the raw modeled implementation of the proposed Comments on the EA should be exposures for each species by the mitigation and monitoring measures, the addressed to the Navy as outlined in estimated abundances to see which RIMPAC ASW exercises will result in their Federal Register notice species may have relatively large no more than the Level B Harassment of announcing the EA’s availability for numbers of individuals potentially the species addressed here. The Level B comment. NMFS will review the revised taken, compared to the population size Harassment will consist primarily of EA and the public comments received (Table 1). Per this calculation, all but temporary behavioral modifications, in and subsequently either adopt it or two species may potentially sustain the form of temporary displacement prepare its own NEPA document before Level B Harassment of up to a maximum from feeding or sheltering areas, low- making a determination on the issuance of 38 percent, or less, of the estimated level physiological stress responses, of an IHA.

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Preliminary Conclusions DEPARTMENT OF COMMERCE Dated: April 19, 2006. Tracey L. Thompson, A determination of negligible impact National Oceanic and Atmospheric Acting Director, Office of Sustainable is required for NMFS to authorize Administration Fisheries, National Marine Fisheries Service. incidental take of marine mammals. By [FR Doc. E6–6046 Filed 4–21–06; 8:45 am] regulation, an activity has a ‘‘negligible [I.D. 041806C] impact’’ on a species or stock when it BILLING CODE 3510–22–S is determined that the total taking is not Pacific Fishery Management Council; likely to reduce annual rates of adult Public Meeting survival or recruitment (i.e., offspring AGENCY: National Marine Fisheries COMMODITY FUTURES TRADING survival, birth rates). Based on each COMMISSION species’ life history information, the Service (NMFS), National Oceanic and expected behavioral patterns of the Atmospheric Administration (NOAA), Commerce. Corrections to the Notice of Revision animals in the RIMPAC locations, the of Commission Policy Regarding the duration of the activity, the anticipated ACTION: Notice of public meeting. Listing of New Futures and Option implementation of the required Contracts by Foreign Boards of Trade mitigation and monitoring measures, SUMMARY: The Pacific Fishery That Have Received Staff No-Action and an analysis of the behavioral Management Council’s (Council) Model Relief To Provide Direct Access to Evaluation Workgroup (MEW) will hold disturbance levels in comparison to the Their Automated Trading Systems a work session to develop and review overall populations, an analysis of the From Locations in the United States potential impacts of the Proposed documentation for the Chinook and Coho Fishery Regulation Assessment Action on species recruitment or AGENCY: Commodity Futures Trading Models (FRAMs). The meeting is open survival support the conclusion that Commission. to the public. proposed RIMPAC ASW training events ACTION: Notice. would have no more than a negligible DATES: The work session will be held impact on the affected species or stocks. Wednesday, May 10, 2006, from 9 a.m. SUMMARY: NMFS has also determined that the to 4 p.m. The Commodity Futures Trading Commission is making issuance of the IHA would not have an ADDRESSES: The work session will be technical corrections to Footnotes 5 and unmitigable adverse impact on the held at the Northwest Indian Fisheries 6 which were published in the Federal availability of the affected species or Commission Conference Room, 6730 Register on April 18, 2006 (71 FR stocks for subsistence use. Additionally, Martin Way East, Olympia, WA 98516; NMFS has set forth in this proposed telephone: (360) 438–1180. 19877). The footnotes are revised as follows: IHA the permissible methods of taking Council address: Pacific Fishery and requirements pertaining to the Management Council, 7700 NE Footnote 5: The Statement of Policy mitigation, monitoring and reporting of Ambassador Place, Suite 200, Portland, did not apply to broad-based stock such takings. OR 97220–1384. index futures and option contracts that are now covered by Section 2(a)(1)(C) of FOR FURTHER INFORMATION CONTACT: Mr. Proposed Authorization the Commodity Exchange Act. Foreign Chuck Tracy, Salmon Management Staff boards of trade were (and presently are) NMFS proposes to issue an IHA to the Officer, Pacific Fishery Management Navy for conducting ASW exercises, Council, (503) 820–2280. required to seek and receive written using tactical mid-frequency sonar in supplemental no-action relief from SUPPLEMENTARY INFORMATION: The Commission staff prior to offering or the OpArea, provided the previously purpose of the work session is to further mentioned mitigation, monitoring, and selling such contracts through U.S.- develop documentation for the Chinook located trading systems. reporting requirements are incorporated. and Coho FRAM. NMFS has preliminarily determined Footnote 6: This notice of revision Although non-emergency issues not that the proposed activity would result will not alter a foreign board of trade’s contained in the meeting agendas may obligation to seek and receive written in only the harassment of marine come before the MEW for discussion, mammals; would have no more than a those issues may not be the subject of supplemental no-action relief from negligible impact on the affected marine formal action during these meetings. Commission staff prior to offering or mammal stocks; and would not have an Action will be restricted to those issues selling broad-based securities index unmitigable adverse impact on the specifically listed in this notice and any futures and option contracts through availability of species or stocks for issues arising after publication of this U.S.-located trading systems. subsistence uses. notice that require emergency action Issued in Washington, DC on April 19, Dated: April 18, 2006. under Section 305(c) of the Magnuson- 2006. James H. Lecky, Stevens Fishery Conservation and Jean A. Webb, Management Act, provided the public Secretary of the Commission. Director, Office of Protected Resources, has been notified of the intent to take National Marine Fisheries Service. final action to address the emergency. [FR Doc. E6–6069 Filed 4–21–06; 8:45 am] [FR Doc. 06–3831 Filed 4–21–06; 8:45 am] BILLING CODE 6351–01–P BILLING CODE 3510–22–S Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at (503) 820–2280 at least 5 days prior to the meeting date.

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DEPARTMENT OF DEFENSE Alternatives, although the Preferred Session and will discuss a study Alternative would result in greater undertaken by NRAC. Department of the Army impacts. The Train Using Existing Army DATES: The meeting will be held on Facilities Alternative would result in Friday, May 5, 2006, from 11 a.m. to 12 Notice of Availability of the Record of fewer impacts, but would not achieve p.m. All sessions of the meeting will be Decision for the Final Environmental the purpose of and need for the open to the public. Impact Statement for the proposed action as effectively as the Transformation of the Pennsylvania ADDRESSES: The meeting will be held Preferred Alternative. The FEIS via telephone conference. Public access Army National Guard 56th Brigade Into identifies mitigation measures to a Stryker Brigade Combat Team at the to the telephone conference will be minimize impacts from the proposed available at the Office of Naval National Guard Training Center-Fort action. Unmitigable impacts are Indiantown GAP, PA Research, 875 North Randolph Street, expected to occur to land use associated Arlington, VA 22203–1995. with establishment of the proposed AGENCY: Department of the Army DoD. FOR FURTHER INFORMATION CONTACT: Dr. ‘‘full’’ Combined Arms Collective ACTION: Notice of availability. Sujata Millick, Program Director, Naval Training Facility (CACTF) at NGTC– Research Advisory Committee, 875 SUMMARY: The National Guard Bureau FTIG. The proposed CACTF would North Randolph Street, Arlington, VA and the Department of the Army require the acquisition of up to eight 22203–1995, telephone 703–696–6769. announce the availability of the Record private properties that are in-holdings of Decision (ROD), which explains the totaling 18.1 acres. There would be a SUPPLEMENTARY INFORMATION: This decision to proceed with the loss of approximately 224 acres of prime notice is provided in accordance with Transformation of the Pennsylvania farmland due to construction of the provisions of the Federal Advisory Army National Guard (PAARNG) 56th statewide facilities, and the permanent Committee Act (5 U.S.C. App. 2). All Stryker Brigade Combat Team (SBCT). removal of up to 745 acres of sessions of the meeting will be devoted This action includes construction of continuous forest habitat at NGTC–FTIG to executive sessions to include new training and support facilities at and approximately 15 acres at Fort discussions of the NRAC study on the National Guard Training Center-Fort Pickett that would not be replaced by Ocean Sciences Research Vessel Indiantown Gap (NGTC–FTIG), Fort similar forest habitat. No Federally Support. Pickett, VA, and local PAARNG designated threatened or endangered Dated: April 13, 2006. facilities across the Commonwealth of species would be significantly affected Eric Mcdonald, Pennsylvania. The action also includes under the Preferred Alternative. No Lieutenant Commander, Judge Advocate Annual Training (AT) at Fort A.P. Hill, significant air quality, cultural and General’s Corps, U.S. Navy, Federal Register VA in order to accomplish requisite water resources, noise, infrastructure, or Liaison Officer. training. The Final Environmental environmental justice impacts would [FR Doc. E6–6059 Filed 4–21–06; 8:45 am] Impact Statement (FEIS) complies with occur under the Preferred Alternative. BILLING CODE 3810–FF–P all applicable requirements, and In consultation with Federally- adequately addresses the biological, recognized Native American Tribes, no physical, socioeconomic, and cultural significant traditional cultural DEPARTMENT OF EDUCATION impacts from implementing the properties or Native American sacred proposed action. sites have been identified within areas Submission for OMB Review; ADDRESSES: Written comments or that would be impacted under the Comment Request materials should be forwarded to LTC Preferred Alternatives. As such, no AGENCY: Christopher Cleaver, NGTC–FTIG Public impacts to Federally-recognized Native Department of Education. Affairs Officer, PADMVA Headquarters, American Tribes or their interests are SUMMARY: The Director, Regulatory Building 0–47, Annville, PA 17003– anticipated. Beneficial socioeconomic Information Management Services, 5002, or Ms. Patricia Rickard, NGTC– impacts are expected as local Office of Management invites comments FTIG EIS Project Officer, NGTC–FTIG construction will require local products on the submission for OMB review as Environmental Section, 1119 Utility and manpower. required by the Paperwork Reduction Road, Annville, PA 17003–5002. Act of 1995. Dated: April 13, 2006. FOR FURTHER INFORMATION CONTACT: LTC DATES: Interested persons are invited to Clyde A. Vaughn, Christopher Cleaver at (717) 861–8468 submit comments on or before May 24, or Ms. Patricia Rickard at (717) 861– Lieutenant General, U.S. Army, Director, 2006. Army National Guard. 2580. ADDRESSES: Written comments should [FR Doc. 06–3843 Filed 4–21–06; 8:45 am] SUPPLEMENTARY INFORMATION: be addressed to the Office of The FEIS BILLING CODE 3710–08–M examined three alternatives: (1) Information and Regulatory Affairs, Preferred Alternative—implement all Attention: Rachel Potter, Desk Officer, construction actions identified in the DEPARTMENT OF DEFENSE Department of Education, Office of FEIS; (2) Train Using Existing Facilities Management and Budget, 725 17th Alternative—using existing PAARNG Department of the Navy Street, NW., Room 10222, New training ranges and additional facilities Executive Office Building, Washington, at other regional Army installations Meeting of the Naval Research DC 20503 or faxed to (202) 395–6974. (outside of Pennsylvania) to fulfill Advisory Committee SUPPLEMENTARY INFORMATION: Section Inactive Duty Training and AT 3506 of the Paperwork Reduction Act of requirements on a temporary to AGENCY: Department of the Navy, DOD. 1995 (44 U.S.C. Chapter 35) requires permanent basis; (3) No-Action ACTION: Notice of open meeting. that the Office of Management and Alternative—do not implement the Budget (OMB) provide interested proposed action and continue current SUMMARY: The Naval Research Advisory Federal agencies and the public an early operations. Significant impacts are Committee (NRAC) will meet on May 5, opportunity to comment on information anticipated from both Action 2006. The meeting will be an Executive collection requests. OMB may amend or

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waive the requirement for public should be addressed to U.S. Department This filing is accessible on-line at consultation to the extent that public of Education, 400 Maryland Avenue, http://www.ferc.gov, using the participation in the approval process SW., Potomac Center, 9th Floor, ‘‘eLibrary’’ link and is available for would defeat the purpose of the Washington, DC 20202–4700. Requests review in the Commission’s Public information collection, violate State or may also be electronically mailed to IC Reference Room in Washington, DC. Federal law, or substantially interfere [email protected] or faxed to 202–245– There is an ‘‘eSubscription’’ link on the with any agency’s ability to perform its 6623. Please specify the complete title Web site that enables subscribers to statutory obligations. The Director, of the information collection when receive e-mail notification when a Regulatory Information Management making your request. document is added to a subscribed Services, Office of Management, Comments regarding burden and/or docket(s). For assistance with any FERC publishes that notice containing the collection activity requirements Online service, please e-mail proposed information collection should be electronically mailed to IC [email protected], or call requests prior to submission of these [email protected]. Individuals who use (866) 208–3676 (toll free). For TTY, call requests to OMB. Each proposed a telecommunications device for the (202) 502–8659. information collection, grouped by deaf (TDD) may call the Federal Comment Date: 5 p.m. Eastern Time office, contains the following: (1) Type Information Relay Service (FIRS) at 1– on April 19, 2006. of review requested, e.g. new, revision, 800–877–8339. Magalie R. Salas, extension, existing or reinstatement; (2) [FR Doc. E6–6061 Filed 4–21–06; 8:45 am] Title; (3) Summary of the collection; (4) Secretary. BILLING CODE 4000–01–P Description of the need for, and [FR Doc. E6–6035 Filed 4–21–06; 8:45 am] proposed use of, the information; (5) BILLING CODE 6717–01–P Respondents and frequency of collection; and (6) Reporting and/or DEPARTMENT OF ENERGY Recordkeeping burden. OMB invites DEPARTMENT OF ENERGY public comment. Federal Energy Regulatory Commission Federal Energy Regulatory Dated: April 18, 2006. Commission Jeanne Van Vlandren, [Docket No. ES06–31–000] [Docket No. CP06–45–001] Director, Regulatory Information Management Services, Office of Management. Detroit Edison Company; Notice of Northwest Pipeline Corporation; Notice Office of Vocational and Adult Filing of Application Education April 13, 2006. April 17, 2006. Type of Review: Revision. Take the notice that March 31, 2006, Take notice that on April 5, 2006, Title: Adult Education Annual Detroit Edison Company filed an Northwest Pipeline Corporation Performance and Financial Reports. application pursuant to section 204 of (Northwest), 295 Chipeta Way, Salt Lake Frequency: Annually. the Federal Power Act seeking City, Utah 84158 filed in Docket No. Affected Public: State, Local, or Tribal authorization to issue from time to time CP06–45–001, an amendment to the Gov’t, SEAs or LEAs. long-term debt securities in an aggregate pending application, filed January 4, Reporting and Recordkeeping Hour principal amount not to exceed $1.0 2006, pursuant to section 7(c) of the Burden: billion. Natural Gas Act (NGA) and part 157 of Responses: 57. Any person desiring to intervene or to the Commission’s regulations for its Burden Hours: 5,700. protest this filing must file in ‘‘Parachute Lateral Project’’ in Docket Abstract: The information contained accordance with Rules 211 and 214 of No. CP06–45, all as more fully set forth in the Annual Performance Reports for the Commission’s Rules of Practice and in the application which is on file with Adult Education is needed to monitor Procedure (18 CFR 385.211, 385.214). the Commission and open for public the performance of the activities and Protests will be considered by the inspection. These filings are available services funded under the Adult Commission in determining the for review at the Commission in the Education and Family Literacy Act of appropriate action to be taken, but will Public Reference Room or may be 1998, Report to Congress on the Levels not serve to make protestants parties to viewed on the Commission’s Web site at of Performance Achieved on the core the proceeding. Any person wishing to http://www.ferc.gov using the indicators of performance, provide become a party must file a notice of ‘‘eLibrary’’ link. Enter the docket necessary outcome information to meet intervention or motion to intervene, as number excluding the last three digits in OVAE’s Government Performance and appropriate. Such notices, motions, or the docket number field to access the Results Act (GPRA) goals for adult protests must be filed on or before the document. For assistance, please contact education, and provide documentation comment date. On or before the FERC Online Support at for incentive awards under Title V of comment date, it is not necessary to [email protected] or toll the Workforce Investment Act. The serve motions to intervene or protests free at (866)208–3676, or for TTY, respondents include eligible agencies in on persons other than the Applicant. contact (202) 502–8659. 59 states and insular areas. The Commission encourages Any questions regarding this Requests for copies of the information electronic submission of protests and application may be directed to Steven collection submission for OMB review interventions in lieu of paper using the W. Snarr, General Counsel, Northwest may be accessed from http:// ‘‘eFiling’’ link at http://www.ferc.gov. Pipeline Corporation, P.O. Box 58900, edicsweb.ed.gov, by selecting the Persons unable to file electronically Salt Lake City, Utah 84158–0900 at ‘‘Browse Pending Collections’’ link and should submit an original and 14 copies (801) 584–7094 or by fax at (801) 584– by clicking on link number 2971. When of the protest or intervention to the 7862 or Gary K. Kotter, Manager, you access the information collection, Federal Energy Regulatory Commission, Certificates and Tariffs, Northwest click on ‘‘Download Attachments’’ to 888 First Street, NE., Washington, DC Pipeline Corporation, P.O. Box 58900, view. Written requests for information 20426. Salt Lake City, Utah 84158–0900, at

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(801) 584–7117 or by fax at (801) 584– Secretary of the Commission. Any questions concerning this 7764. Environmental commenters will be application may be directed to Steven E. The proposed Parachute Lateral placed on the Commission’s Tillman, General Manager, Regulatory project, designed to move natural gas environmental mailing list, will receive Affairs, Texas Eastern Transmission, LP, production from the Parachute area of copies of the environmental documents, P.O. Box 1642, Houston, Texas 77251– the Piceance Basin to the Greasewood and will be notified of meetings 1642; Phone: 713–627–5113; Fax: 713– Hub, consists of approximately 37.6 associated with the Commission’s 627–5947. miles of 30-inch pipeline and environmental review process. appurtenant facilities in Garfield and Environmental commenters will not be There are two ways to become Rio Blanco counties, Colorado, one required to serve copies of filed involved in the Commission’s review of receipt meter station located in Garfield documents on all other parties. this project. First, any person wishing to County and two delivery interconnects However, the non-party commenters obtain legal status by becoming a party located in Rio Blanco County, Colorado. will not receive copies of all documents to the proceedings for this project By this amendment to the pending filed by other parties or issued by the should, before the comment date of this application, Northwest now proposes to Commission (except for the mailing of notice, file with the Federal Energy add an 8-inch tap and valve assembly at environmental documents issued by the Regulatory Commission, 888 First approximately milepost 27.41 in Section Commission) and will not have the right Street, NE., Washington, DC 20426, a 9, Township 6S, Range 97W, Garfield to seek court review of the motion to intervene in accordance with County, Colorado, to the originally filed Commission’s final order. the requirements of the Commission’s scope of work for the Parachute Lateral Motions to intervene, protests and Rules of Practice and Procedure (18 CFR project. comments may be filed electronically 385.214 or 385.211) and the Regulations There are two ways to become via the internet in lieu of paper; see, 18 under the NGA (18 CFR 157.10). A involved in the Commission’s review of CFR 385.2001(a)(1)(iii) and the person obtaining party status will be this project. First, any person wishing to instructions on the Commission’s Web placed on the service list maintained by obtain legal status by becoming a party site under the ‘‘e-Filing’’ link. The to the proceedings for this project the Secretary of the Commission and Commission strongly encourages will receive copies of all documents should, on or before the below listed electronic filings. comment date, file with the Federal filed by the applicant and by all other Comment Date: 5 p.m. Eastern Time parties. A party must submit 14 copies Energy Regulatory Commission, 888 on May 8, 2006. First Street, NE., Washington, DC 20426, of filings made with the Commission a motion to intervene in accordance Magalie R. Salas, and must mail a copy to the applicant with the requirements of the Secretary. and to every other party in the Commission’s Rules of Practice and [FR Doc. E6–6048 Filed 4–21–06; 8:45 am] proceeding. Only parties to the Procedure (18 CFR 385.214 or 385.211) BILLING CODE 6717–01–P proceeding can ask for court review of and the Regulations under the NGA (18 Commission orders in the proceeding. CFR 157.10). A person obtaining party However, a person does not have to DEPARTMENT OF ENERGY status will be placed on the service list intervene in order to have comments maintained by the Secretary of the considered. The second way to Commission and will receive copies of Federal Energy Regulatory participate is by filing with the all documents filed by the applicant and Commission Secretary of the Commission, as soon as by all other parties. A party must submit [Docket No. CP06–115–000] 14 copies of filings made with the possible, an original and two copies of Commission and must mail a copy to Texas Eastern Transmission, LP; comments in support of or in opposition the applicant and to every other party in Notice of Application to this project. The Commission will the proceeding. Only parties to the consider these comments in proceeding can ask for court review of April 17, 2006. determining the appropriate action to be Commission orders in the proceeding. Take notice that on April 4, 2006, taken, but the filing of a comment alone However, a person does not have to Texas Eastern Transmission, LP (Texas will not serve to make the filer a party intervene in order to have comments Eastern), 5400 Westheimer Court, to the proceeding. The Commission’s considered. The second way to Houston, Texas 77056–5310 filed in rules require that persons filing participate is by filing with the Docket No. CP06–115–000, an comments in opposition to the project Secretary of the Commission, as soon as application pursuant to section 7 of the provide copies of their protests only to possible, an original and two copies of Natural Gas Act (NGA) for authorization the party or parties directly involved in comments in support of or in opposition to construct a new pipeline loop in the protest. to this project. The Commission will Ohio, abandon and replace pipeline consider these comments in facilities in Ohio and Pennsylvania, and Comments, protests and interventions determining the appropriate action to be to install new compression facilities in may be filed electronically via the taken, but the filing of a comment alone Pennsylvania for incremental shippers Internet in lieu of paper. See, 18 CFR will not serve to make the filer a party (TIME II Project), all as more fully set 385.2001(a)(1)(iii) and the instructions to the proceeding. The Commission’s forth in the application which is on file on the Commission’s Web site under the rules require that persons filing with the Commission and open to ‘‘e-Filing’’ link. comments in opposition to the project public inspection. This filing may be Comment Date: May 8, 2006. provide copies of their protests only to also viewed on the Web at http:// the party or parties directly involved in www.ferc.gov using the ‘‘eLibrary’’ link. Magalie R. Salas, the protest. Enter the docket number excluding the Secretary. Persons who wish to comment only last three digits in the docket number [FR Doc. E6–6051 Filed 4–21–06; 8:45 am] on the environmental review of this field to access the document. For BILLING CODE 6717–01–P project should submit an original and assistance, call (866) 208–3676 or TTY, two copies of their comments to the (202) 502–8659.

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DEPARTMENT OF ENERGY Docket Numbers: ER06–746–001. Accession Number: 20060414–0308. Applicants: Equilon Enterprises LLC. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Description: Equilon Enterprises, LLC on Monday, May 1, 2006. Commission dba Shell Oil Products U.S. submits an Docket Numbers: ER06–844–000. amendment to its March 16, 2006 filing, Applicants: LSF Limited. Combined Notice of Filings #1 correcting typographical errors to its Description: LSF Limited submits its April 17, 2006. proposed tariff. Petition of Initial Rate Schedule, Take notice that the Commission Filed Date: April 10, 2006. Waivers and Blanket Authority under Accession Number: 20060414–0116. received the following electric rate ER06–844. Comment Date: 5 p.m. Eastern Time filings. Filed Date: April 11, 2006. on Monday, May 1, 2006. Docket Numbers: ER03–1047–001. Accession Number: 20060417–0186. Applicants: Mirant Las Vegas, LLC. Docket Numbers: ER06–747–001. Comment Date: 5 p.m. Eastern Time Description: Mirant’s letter to the Applicants: Equilon Enterprises LLC. on Tuesday, May 2, 2006. Commission concerning its compliance Description: Equilon Enterprises, LLC Docket Numbers: ER06–845–000. filing submitted July 9, 2003. dba Shell Oil Products U.S. submits an Applicants: Northwestern Wisconsin Filed Date: March 27, 2006. amendment to its March 16, 2006 filing, Electric Company. Accession Number: 20060327–5032 correcting typographical errors to its Description: Northwestern Wisconsin Comment Date: 5 p.m. Eastern Time proposed tariff. Electric Co submits a proposed rate on Monday, April 24, 2006. Filed Date: April 10, 2006. change to its original FERC Rate Accession Number: 20060414–0114. Docket Numbers: ER05–1497–002. Schedule No. 2, effective May 1, 2006. Comment Date: 5 p.m. Eastern Time Applicants: Dearborn Industrial Filed Date: April 11, 2006. on Monday, May 1, 2006. Generation, LLC. Accession Number: 20060417–0187. Docket Numbers: ER06–748–001. Description: Dearborn Industrial Comment Date: 5 p.m. Eastern Time Applicants: Shell Chemical LP. Generation, LLC submits an Erratum to on Tuesday, May 2, 2006. Description: Shell Chemical LP its February 21, 2006, Late Filed submits an amendment to its March 16, Docket Numbers: ER06–846–000. Compliance Filing. 2006 filing. Applicants: Public Service Company Filed Date: April 7, 2006. of Colorado. Accession Number: 20060411–0028. Filed Date: April 10, 2006. Accession Number: 20060414–0122. Description: Xcel Energy Services Inc Comment Date: 5 p.m. Eastern Time on behalf of Public Service Co of on Friday, April 21, 2006. Comment Date: 5 p.m. Eastern Time on Monday, May 1, 2006. Colorado submits an amended and Docket Numbers: ER06–580–002. restated version of its October 28, 1992 Applicants: Midwest Independent Docket Numbers: ER06–763–001. Applicants: Motiva Enterprises LLC. Contract for Transmission Service w/ Transmission System Operator, Inc. Tri-State Generation and Transmission Description: The Midwest Description: Motiva Enterprises, LLC submits an amendment to its March 16, Association Inc, effective April 12, Independent Transmission System 2006. Operator, Inc. submits an amended 2006 proposed market-based rate tariff filing. Filed Date: April 11, 2006. coversheet to its First Revised Network Accession Number: 20060417–0188. Integration Service Agreement filed Filed Date: April 10, 2006. Accession Number: 20060414–0115. Comment Date: 5 p.m. Eastern Time February 22, 2006. on Tuesday, May 2, 2006. Filed Date: April 11, 2006. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER96–795–013. Accession Number: 20060417–0182. on Monday, May 1, 2006. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER06–770–001. Applicants: Gateway Energy on Monday, April 24, 2006. Applicants: PPM Energy, Inc. Marketing. Description: PPM Energy, Inc submits Description: Gateway Energy Docket Numbers: ER06–650–001. Marketing submits its amended and Applicants: PJM Interconnection, corrections to their proposed amended, respective, market-based rate schedules updated market power analysis and LLC. revised tariff sheets pursuant to the Description: PJM Interconnection, filed on March 20, 2006. Commission’s May 31, 2005 order. LLC submits a substitute Filed Date: April 11, 2006. Filed Date: April 10, 2006. interconnection service agreement with Accession Number: 20060414–0118. Accession Number: 20060414–0306. Calvert Cliffs Nuclear Power Plant, Inc Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time and Baltimore Gas and Electric on Friday, April 21, 2006. on Monday, May 1, 2006. Company. Docket Numbers: ER06–841–000. Filed Date: April 11, 2006. Applicants: Entergy Services Inc. Docket Numbers: ER98–4333–002. Accession Number: 20060414–0117. Description: Entergy Services Inc, Applicants: Primary Power Marketing, Comment Date: 5 p.m. Eastern Time agent and on behalf of the Entergy L.L.C. on Tuesday, May 2, 2006. Operating Companies submits Description: Primary Power Marketing Docket Numbers: ER06–679–001. amendments to the Entergy System LLC submits a revised updated power Applicants: Louisville Gas & Electric Agreement. market analysis out-of time, pursuant to Company. Filed Date: April 10, 2006. the Commission’s May 31, 2005 order. Description: LG&E Energy submits a Accession Number: 20060414–0314. Filed Date: April 10, 2006. revised executed letter agreement with Comment Date: 5 p.m. Eastern Time Accession Number: 20060411–0147. East Kentucky Power Cooperative which on Monday, May 1, 2006. Comment Date: 5 p.m. Eastern Time will be designated as Original Sheets 17 Docket Numbers: ER06–842–000. on Monday, May 1, 2006. and 18 in 1st Revised Rate Schedule 25. Applicants: Palomar Energy, LLC. Any person desiring to intervene or to Filed Date: April 10, 2006. Description: Palomar Energy LLC protest in any of the above proceedings Accession Number: 20060414–0120. submits a notice of termination of its must file in accordance with Rules 211 Comment Date: 5 p.m. Eastern Time FERC Electric Rate Schedule 1. and 214 of the Commission’s Rules of on Monday, May 1, 2006. Filed Date: April 10, 2006. Practice and Procedure (18 CFR 385.211

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and 385.214) on or before 5 p.m. Eastern DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time time on the specified comment date. It on Friday, April 28, 2006. is not necessary to separately intervene Federal Energy Regulatory Docket Numbers: ER06–576–001. again in a subdocket related to a Commission Applicants: Southern Company compliance filing if you have previously Services, Inc. Combined Notice of Filings #1 intervened in the same docket. Protests Description: Southern Company will be considered by the Commission April 18, 2006. Services Inc. agent for Alabama Power in determining the appropriate action to Take notice that the Commission C.o et al. submits its response to FERC’s be taken, but will not serve to make received the following electric rate March 8, 2006 deficiency letter. protestants parties to the proceeding. filings. Filed Date: April 7, 2006. Anyone filing a motion to intervene or Docket Numbers: ER03–478–011. Accession Number: 20060417–0191. protest must serve a copy of that Applicants: PPM Energy, Inc. Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference Description: PPM Energy, Inc. submits on Friday, April 28, 2006. to filings initiating a new proceeding, its motion to terminate refund liability Docket Numbers: ER06–843–000. interventions or protests submitted on to reflect PPM’s recent corporate Applicants: Northeast Utilities or before the comment deadline need disaffiliation with PacifiCorp. Service Company. not be served on persons other than the Filed Date: April 10, 2006. Description: Northeast Utilities Applicant. Accession Number: 20060417–0205. Service Company submits a notice of Comment Date: 5 p.m. Eastern Time Cancellation of Service Agreement 8 for The Commission encourages on Monday, May 1, 2006. Firm Transmission Service with Unitil electronic submission of protests and Docket Numbers: ER06–20–002. Power Corp. interventions in lieu of paper, using the Filed Date: April 11, 2006. FERC Online links at http:// Applicants: Louisville Gas & Electric Company. Accession Number: 20060417–0185. www.ferc.gov. To facilitate electronic Description: LG&E Energy, LLC Comment Date: 5 p.m. Eastern Time service, persons with Internet access submits revisions to its proposed open- on Tuesday, May 2, 2006. who will eFile a document and/or be access transmission tariff to implement Docket Numbers: ER06–847–000; listed as a contact for an intervenor the ‘‘hold harmless commitment’’ under ER05–1235–001. must create and validate an the MISO Transmission Owner Applicants: MidAmerican Energy eRegistration account using the Agreement etc., pursuant to March 17, Company. eRegistration link. Select the eFiling 2006 order. Description: MidAmerican Energy Co link to log on and submit the Filed Date: April 11, 2006. submits First Revised Sheet 497 et al. to intervention or protests. Accession Number: 20060417–0225. Electric Tariff, Second Revised Volume Persons unable to file electronically Comment Date: 5 p.m. Eastern Time 8 to their OATT in compliance with should submit an original and 14 copies on Tuesday, May 2, 2006. FERC’s December 16, 2005 order. of the intervention or protest to the Docket Numbers: ER06–278–003. Filed Date: April 7, 2006. Federal Energy Regulatory Commission, Applicants: The Nevada Hydro Accession Number: 20060417–0216. 888 First St. NE., Washington, DC Company, Inc. Comment Date: 5 p.m. Eastern Time 20426. Description: Nevada Hydro Company, on Friday, April 28, 2006. Inc. submits a supplemental response to Docket Numbers: ER06–848–000. The filings in the above proceedings FERC’s February 17, 2006 request for Applicants: Appalachian Power are accessible in the Commission’s additional information. Company. eLibrary system by clicking on the Filed Date: April 7, 2006. Description: AEP on behalf of appropriate link in the above list. They Accession Number: 20060417–0190. Appalachian Power Co submits a cost- are also available for review in the Comment Date: 5 p.m. Eastern Time based formula rate agreement for full Commission’s Public Reference Room in on Friday, April 28, 2006. requirements electric service between Washington, DC. There is an Docket Numbers: ER06–313–000. AEP Service Corp and Black Diamond eSubscription link on the Web site that Applicants: Midwest Independent Power Co et al. enables subscribers to receive e-mail Transmission System Operator, Inc. Filed Date: April 6, 2006. notification when a document is added Description: Midwest Independent Accession Number: 20060417–0183. to a subscribed dockets(s). For Transmission System Operator, Inc. Comment Date: 5 p.m. Eastern Time assistance with any FERC Online submits an informational filing on Tuesday, April 25, 2006. service, please e-mail regarding suspension of the monthly Docket Numbers: ER06–849–000. [email protected]. or call financial transmission rights auction for Applicants: Midwest Independent (866) 208–3676 (toll free). For TTY, call June 2006, et al. Transmission System Operator, Inc. (202) 502–8659. Filed Date: April 11, 2006. Description: Midwest Independent Accession Number: 20060413–0142. Transmission System Operator Inc. Magalie R. Salas, Comment Date: 5 p.m. Eastern Time submits the proposed revisions to Secretary. on Tuesday, May 2, 2006. Attachment L (Credit Policy) of its Open [FR Doc. E6–6052 Filed 4–21–06; 8:45 am] Docket Numbers: ER06–561–001. Access Transmission and Energy BILLING CODE 6717–01–P Applicants: Southern Company Markets Tariff, et al. Services, Inc. Filed Date: April 7, 2006. Description: Southern Company Accession Number: 20060417–0184. Services Inc. agent for Alabama Power Comment Date: 5 p.m. Eastern Time Co. et al. submits its response to FERC’s on Friday, April 28, 2006. March 8, 2006 deficiency letter. Docket Numbers: ER06–850–000. Filed Date: April 7, 2006. Applicants: Northeast Utilities Accession Number: 20060417–0189. Service Company.

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Description: Northeast Utilities Agreements 24 & 25 under ISO New (866) 208–3676 (toll free). For TTY, call Service Co. submits a Notice of England’s Electric Tariff No. 3 (202) 502–8659. Cancellation of NU Companies Service Attachment E. Schedule 21–NU. Magalie R. Salas, Agreement 16 under ISO New England’s Filed Date: April 6, 2006. Electric Tariff 3 Attachment E, Schedule Secretary. 21–NU. Accession Number: 20060417–0181. [FR Doc. E6–6053 Filed 4–21–06; 8:45 am] Filed Date: April 6, 2006. Comment Date: 5 p.m. Eastern Time BILLING CODE 6717–01–P Accession Number: 20060417–0176. on Thursday, April 27, 2006. Comment Date: 5 p.m. Eastern Time on Thursday, April 27, 2006. Any person desiring to intervene or to DEPARTMENT OF ENERGY Docket Numbers: ER06–851–000. protest in any of the above proceedings must file in accordance with Rules 211 Federal Energy Regulatory Applicants: Northeast Utilities Commission Service Company. and 214 of the Commission’s Rules of Description: Northeast Utilities Practice and Procedure (18 CFR 385.211 Notice of Application for Non-Project Service Co. submits a Notice of and 385.214) on or before 5 p.m. Eastern Use of Project Lands and Waters and Cancellation of NU Companies Service time on the specified comment date. It Soliciting Comments, Motions To Agreement 22 under ISO New England’s is not necessary to separately intervene Intervene, and Protests Electric Tariff 3 Attachment E, Schedule again in a subdocket related to a 21–NU. compliance filing if you have previously April 13, 2006. Filed Date: April 6, 2006. intervened in the same docket. Protests Take notice that the following Accession Number: 20060417–0177. will be considered by the Commission application has been filed with the Comment Date: 5 p.m. Eastern Time in determining the appropriate action to Commission and is available for public on Thursday, April 27, 2006. be taken, but will not serve to make inspection: Docket Numbers: ER06–852–000. protestants parties to the proceeding. a. Application Type: Non-Project Use Applicants: Northeast Utilities Anyone filing a motion to intervene or of Project Lands and Waters. b. Project No.: 349–106. Service Company. protest must serve a copy of that Description: Northeast Utilities c. Date filed: March 22, 2006. document on the Applicant. In reference d. Applicant: Alabama Power Services Co. submits a notice of to filings initiating a new proceeding, cancellation of NU Companies Services Company. interventions or protests submitted on e. Name of Project: Martin Dam Agreement 17 under ISO New England’s or before the comment deadline need Project. Electric Tariff 3 Attachment E, Schedule not be served on persons other than the f. Location: The project is located on 21–NU. Applicant. the Tallapoosa River in Coosa and Filed Date: April 6, 2006. Elmore Counties, Alabama. Accession Number: 20060417–0178. The Commission encourages g. Filed Pursuant to: Federal Power Comment Date: 5 p.m. Eastern Time electronic submission of protests and Act, 16 U.S.C. 791(a)–825(r) and 799 on Thursday, April 27, 2006. interventions in lieu of paper, using the and 801. FERC Online links at http:// Docket Numbers: ER06–853–000. h. Applicant Contact: Keith E. Bryant, Applicants: Northeast Utilities www.ferc.gov. To facilitate electronic 600 18th Street North, Birmingham, AL Service Company. service, persons with Internet access 35203, (205) 257–1403. Description: Northeast Utilities who will eFile a document and/or be i. FERC Contact: Rebecca Martin at Services Co. submits s a notice of listed as a contact for an intervenor 202–502–6012, or e-mail cancellation of NU Companies Service must create and validate an [email protected]. Agreement 28, 29 & 30 under ISO New eRegistration account using the j. Deadline for filing comments and or England’s Electric Tariff 3 Attachment eRegistration link. Select the eFiling motions: May 15, 2006. E, Schedule 21–NU. link to log on and submit the All documents (original and eight Filed Date: April 6, 2006. intervention or protests. copies) should be filed with: Magalie R. Accession Number: 20060417–0179. Persons unable to file electronically Salas, Secretary, Federal Energy Comment Date: 5 p.m. Eastern Time Regulatory Commission, 888 First on Thursday, April 27, 2006. should submit an original and 14 copies of the intervention or protest to the Street, NE., Washington DC 20426. Docket Numbers: ER06–854–000. Please include the project number (P– Federal Energy Regulatory Commission, Applicants: Northeast Utilities 349–106) on any comments or motions 888 First St., NE., Washington, DC Service Company. filed. Comments, protests, and Description: Northeast Utilities 20426. interventions may be filed electronically Service Co. submits a notice of The filings in the above proceedings via the Internet in lieu of paper. See, 18 cancellation of NU Companies Service are accessible in the Commission’s CFR 385.2001(a)(1)(iii) and the Agreement 19 under ISO New England eLibrary system by clicking on the instructions on the Commission’s Web Inc. Electric Tariff No. 3 Attachment E, appropriate link in the above list. They site under the ‘‘e-Filing’’ link. The Schedule 21–NU. are also available for review in the Commission strongly encourages e- Filed Date: April 6, 2006. Commission’s Public Reference Room in filings. Accession Number: 20060417–0180. Washington, DC. There is an k. Description of Application: The Comment Date: 5 p.m. Eastern Time eSubscription link on the Web site that licensee requests Commission approval on Thursday, April 27, 2006. enables subscribers to receive e-mail of a permit application, filed by the Docket Numbers: ER06–855–000. notification when a document is added North Lake Condo Club, to build three Applicants: Northeast Utilities to a subscribed dockets(s). For uncovered floating boat dock structures Service Company. assistance with any FERC Online providing a total of 42 bays for boats. Description: Northeast Utilities service, please e-mail Each bay will measure approximately 10 Service Co. submits a notice of [email protected]. or call feet wide by 23 feet long. There will be cancellation of NU Companies Service no dredging associated with this project.

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l. Location of Application: The filing site at http://www.ferc.gov under the ‘‘e- 8.8%, and turbine hydraulic discharge is available for review at the Filing’’ link. from 6,490 cfs to 6,922 cfs, or 6.6%. l. Locations of Applications: A copy of Commission in the Public Reference Magalie R. Salas, Room, located at 888 First Street, NE., the application is available for Secretary. Room 2A, Washington, DC 20426, or inspection and reproduction at the [FR Doc. E6–6036 Filed 4–21–06; 8:45 am] may be viewed on the Commission’s Commission in the Public Reference Web site at http://www.ferc.gov using BILLING CODE 6717–01–P Room, located at 888 First Street, NE., the ‘‘e-Library’’ link. Enter the docket Room 2A, Washington DC 20426, or by calling (202) 502–8371. This filing may number excluding the last three digits in DEPARTMENT OF ENERGY also be viewed on the Commission’s the docket number field to access the Web site at http://www.ferc.gov using document. For assistance, please contact Federal Energy Regulatory the ‘‘eLibrary’’ link. Enter the docket FERC Online support at Commission number excluding the last three digits in [email protected] or toll Notice of Application for Amendment the docket number field to access the free (866) 208–3676 or TTY, contact document. You may also register online (202) 502–8659. of License and Soliciting Comments, Motions To Intervene, and Protests at http://www.ferc.gov/docs-filing/ m. Individuals desiring to be included esubscription.asp to be notified via e- on the Commission’s mailing list should April 17, 2006. mail of new filings and issuances so indicate by writing to the Secretary Take notice that the following related to this or other pending projects. of the Commission. application has been filed with the For assistance, call toll-free 1–866–208– Commission and is available for public 3676 or e-mail n. Comments, Protests, or Motions to inspection: [email protected]. For TTY, Intervene: Anyone may submit a. Application Type: Amendment of call (202) 502–8659. A copy is also comments, a protest, or a motion to License to Increase its Authorized available for inspection and intervene in accordance with the Generating Capacity. reproduction at the address in item (h) requirements of Rules of Practice and b. Project No.: 5984–055. above. Procedure, 18 CFR 385.210, .211, .214. c. Date Filed: March 15, 2006. m. Individuals desiring to be included In determining the appropriate action to d. Applicant: Erie Boulevard on the Commission’s mailing list should take, the Commission will consider all Hydropower, L.P. so indicate by writing to the Secretary protests or other comments filed, but e. Name of Project: Oswego Falls of the Commission. only those who file a motion to Project. n. Comments, Protests, or Motions to intervene in accordance with the f. Location: The project is located on Intervene: Anyone may submit Commission’s Rules may become a the Oswego River in Oswego and comments, a protest, or a motion to party to the proceeding. Any comments, Onondaga Counties in New York. intervene in accordance with the protests, or motions to intervene must g. Filed Pursuant to: Federal Power requirements of Rules of Practice and be received on or before the specified Act, 16 U.S.C. 791a–825r. Procedure, 18 CFR 385.210, .211, .214. h. Applicant Contact: David W. In determining the appropriate action to comment date for the particular Culligan, P.E., Licensing Coordinator, take, the Commission will consider all application. Brookfield Power, New York protests or other comments filed, but o. Filing and Service of Responsive Operations, 225 Greenfield Parkway, only those who file a motion to Documents: Any filings must bear in all Suite 201, Liverpool, NY 13088, Tel: intervene in accordance with the capital letters the title ‘‘COMMENTS’’, (315) 413–2792, Fax: (315) 461–8577. Commission’s Rules may become a ‘‘RECOMMENDATIONS FOR TERMS i. FERC Contact: Any questions on party to the proceeding. Any comments, AND CONDITIONS’’, ‘‘PROTEST’’, or this notice should be addressed to Mr. protests, or motions to intervene must ‘‘MOTION TO INTERVENE’’, as Jake Tung at (202) 502–8757, or e-mail be received on or before the specified applicable, and the Project Number of address: [email protected]. comment date for the particular the particular application to which the j. Deadline for filing comments and or application. filing refers. A copy of any motion to motions: May 1, 2006. o. Filing and Service of Responsive intervene must also be served upon each k. Description of Request: The Documents: Any filings must bear in all licensee proposes to perform a representative of the Applicant capital letters the title ‘‘COMMENTS’’, maintenance upgrade to its existing 400 specified in the particular application. ‘‘RECOMMENDATIONS FOR TERMS kW generating unit #3 at the West Side AND CONDITIONS’’, ‘‘PROTEST’’, or p. Agency Comments: Federal, state, Development. The upgrade of unit #3 ‘‘MOTION TO INTERVENE’’, as and local agencies are invited to file consists of: (1) Replacing the unit’s applicable, and the Project Number of comments on the described application. horizontal quadruplex Francis turbine the particular application to which the A copy of the application may be unit with two new, vertical propeller filing refers. All documents (original obtained by agencies directly from the units, each rated 800 horsepower (600 and eight copies) should be filed with: Applicant. If an agency does not file kW) at 16.7 feet net head; (2) replacing Magalie R. Salas, Secretary, Federal comments within the time specified for the unit’s horizontal generator with two Energy Regulatory Commission, 888 filing comments, it will be presumed to new vertical generators, each rated 550 First Street, NE., Washington DC 20426. have no comments. One copy of an kW; (3) retiring the existing 400 kW A copy of any motion to intervene must agency’s comments must also be sent to generating unit #3 in place in the also be served upon each representative the Applicant’s representatives. powerhouse; and (4) modifying the of the Applicant specified in the existing intake flume floor to particular application. q. Comments, protests and accommodate the installation of the new p. Agency Comments: Federal, state, interventions may be filed electronically units. When the unit upgrade is and local agencies are invited to file via the Internet in lieu of paper. See, 18 complete, the licensee states that the comments on the described application. CFR 385.2001(a)(1)(iii) and the project’s installed capacity would A copy of the application may be instructions on the Commission’s Web increase from 6,760 kW to 7,360 kW, or obtained by agencies directly from the

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Applicant. If an agency does not file k. Description of Project: The application allows an interested person comments within the time specified for proposed project would consist of: (1) to file the competing application no filing comments, it will be presumed to Replacing the existing drop, divert the later than 120 days after the specified have no comments. One copy of an flows from Dry Pine Canyon, Rose Bud comment date for the particular agency’s comments must also be sent to Canyon and Thomas Davis Canyon application. A competing license the Applicant’s representatives. through approximately 9,000 feet of 12- application must conform with 18 CFR q. Comments, protests and inch diameter pipe, into a common 15 4.30(b) and 4.36. interventions may be filed electronically to 18 inch diameter penstock p. Notice of Intent: A notice of intent via the Internet in lieu of paper. See, 18 approximately 13,300 feet in length, (2) must specify the exact name, business CFR 385.2001(a)(1)(iii) and the one proposed generating unit with an address, and telephone number of the instructions on the Commission’s Web installed capacity of 350 kilowatts, (3) prospective applicant, and must include site at http://www.ferc.gov under the ‘‘e- proposed 0.1 mile tail race canal to an unequivocal statement of intent to Filing’’ link. Samaria Creek, (4) proposed 1000 feet of submit, if such an application may be 12.5 kV transmission lines, and (5) filed, either a preliminary permit Magalie R. Salas, appurtenant facilities. The proposed application or a development Secretary. project would have an average annual application (specify which type of [FR Doc. E6–6047 Filed 4–21–06; 8:45 am] generation of 1,200,000 kilowatt-hours, application). A notice of intent must be BILLING CODE 6717–01–P which would be sold to a local utility. served on the applicant(s) named in this l. Locations of Applications: A copy of public notice. the application is available for q. Proposed Scope of Studies Under DEPARTMENT OF ENERGY inspection and reproduction at the Permit: A preliminary permit, if issued, Commission in the Public Reference does not authorize construction. The Federal Energy Regulatory Room, located at 888 First Street, NE., term of the proposed preliminary permit Commission Room 2A, Washington DC 20426, or by would be 36 months. The work proposed under the preliminary permit Notice of Application Accepted for calling (202) 502–8371. This filing may would include economic analysis, Filing and Soliciting Motions To also be viewed on the Commission’s Web site at http://www.ferc.gov using preparation of preliminary engineering Intervene, Protests, and Comments the ‘‘eLibrary’’ link. Enter the docket plans, and a study of environmental April 17, 2006. number excluding the last three digits in impacts. Based on the results of these Take notice that the following the docket number field to access the studies, the Applicant would decide hydroelectric application has been filed document. For assistance, call toll-free whether to proceed with the preparation with the Commission and is available 1–866–208–3676 or e-mail of a development application to for public inspection: [email protected]. For TTY, construct and operate the project. a. Type of Application: Preliminary call (202) 502–8659. A copy is also r. Comments, Protests, or Motions to Permit. available for inspection and Intervene: Anyone may submit b. Project No.: 12656–000. reproduction at the address in item h comments, a protest, or a motion to c. Date filed: February 22, 2006. above. intervene in accordance with the d. Applicant: Samaria Water and m. Individuals desiring to be included requirements of Rules of Practice and Irrigation Company. on the Commission’s mailing list should Procedure, 18 CFR 385.210, .211, .214. e. Name of Project: Samaria so indicate by writing to the Secretary In determining the appropriate action to Hydroelectric Project. of the Commission. take, the Commission will consider all f. Location: Dry Pine Canyon, Rose n. Competing Preliminary Permit: protests or other comments filed, but Bud Canyon, Thomas Davis Canyon Anyone desiring to file a competing only those who file a motion to Tributary to Samaria Creek in Oneida application for preliminary permit for a intervene in accordance with the County, Idaho. proposed project must submit the Commission’s Rules may become a g. Filed Pursuant to: Federal Power competing application itself, or a notice party to the proceeding. Any comments, Act, 16 U.S.C. 791(a)–825(r). of intent to file such an application, to protests, or motions to intervene must h. Applicant Contact: Mr. David Reel, the Commission on or before the be received on or before the specified Samaria Water and Irrigation Company, specified comment date for the comment date for the particular 5176 South 4400 West, Malad, ID 83252, particular application (see 18 CFR 4.36). application. (208) 766–2828, [email protected]. Submission of a timely notice of intent Comments, protests and interventions i. FERC Contact: Patricia W. Gillis at allows an interested person to file the may be filed electronically via the (202) 502–8735. competing preliminary permit Internet in lieu of paper; See 18 CFR j. Deadline for filing comments, application no later than 30 days after 385.2001(a)(1)(iii) and the instructions protests, and motions to intervene: 60 the specified comment date for the on the Commission’s Web site under ‘‘e- days from the issuance date of this particular application. A competing filing’’ link. The Commission strongly notice. preliminary permit application must encourages electronic filing. The Commission’s Rules of Practice conform with 18 CFR 4.30(b) and 4.36. s. Filing and Service of Responsive and Procedure require all intervenors o. Competing Development Documents: Any filings must bear in all filing documents with the Commission Application: Any qualified development capital letters the title ‘‘COMMENTS’’, to serve a copy of that document on applicant desiring to file a competing ‘‘RECOMMENDATIONS FOR TERMS each person in the official service list development application must submit to AND CONDITIONS’’, ‘‘PROTEST’’, for the project. Further, if an intervenor the Commission, on or before a ‘‘COMPETING APPLICATION’’, or files comments or documents with the specified comment date for the ‘‘MOTION TO INTERVENE’’, as Commission relating to the merits of an particular application, either a applicable, and the Project Number of issue that may affect the responsibilities competing development application or a the particular application to which the of a particular resource agency, they notice of intent to file such an filing refers. Any of the above-named must also serve a copy of the document application. Submission of a timely documents must be filed by providing on that resource agency. notice of intent to file a development the original and the number of copies

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provided by the Commission’s to serve a copy of that document on preliminary permit application must regulations to: The Secretary, Federal each person in the official service list conform with 18 CFR 4.30(b) and 4.36. Energy Regulatory Commission, 888 for the project. Further, if an intervenor o. Competing Development First Street, NE., Washington, DC 20426. files comments or documents with the Application: Any qualified development A copy of any motion to intervene must Commission relating to the merits of an applicant desiring to file a competing also be served upon each representative issue that may affect the responsibilities development application must submit to of the Applicant specified in the of a particular resource agency, they the Commission, on or before a particular application. must also serve a copy of the document specified comment date for the t. Agency Comments: Federal, state, on that resource agency. particular application, either a and local agencies are invited to file k. Description of Project: The competing development application or a comments on the described application. proposed project would consist of: (1) notice of intent to file such an A copy of the application may be The existing 112-foot-long, 10-foot-high application. Submission of a timely obtained by agencies directly from the concrete gravity dam, (2) an existing notice of intent to file a development Applicant. If an agency does not file impoundment having a surface area of application allows an interested person comments within the time specified for 36 acres, with a storage capacity 204 to file the competing application no filing comments, it will be presumed to acre-feet and normal water surface later than 120 days after the specified have no comments. One copy of an elevation of 9,800 feet national comment date for the particular agency’s comments must also be sent to geographic vertical datum, (3) two application. A competing license the Applicant’s representatives. existing 10-foot-wide, 40-foot-long application must conform with 18 CFR concrete flumes, which join to form a Magalie R. Salas, 4.30(b) and 4.36. 16.5-foot wide, 100-foot-long concrete p. Notice of Intent: A notice of intent Secretary. flume, (4) an existing powerhouse must specify the exact name, business [FR Doc. E6–6049 Filed 4–21–06; 8:45 am] containing two new generating units address, and telephone number of the BILLING CODE 6717–01–P having a total installed capacity of 339 prospective applicant, and must include kilowatts, (5) an existing granite tailrace, an unequivocal statement of intent to (6) a proposed underground submit, if such an application may be DEPARTMENT OF ENERGY transmission line 300 feet long, and (7) filed, either a preliminary permit appurtenant facilities. The project application or a development Federal Energy Regulatory would have an annual generation of Commission application (specify which type of 2.97 gigawatt hours, which would be application). A notice of intent must be sold to a local utility. served on the applicant(s) named in this Notice of Application Accepted for l. Locations of Applications: A copy of public notice. Filing and Soliciting Motions To the application is available for Intervene, Protests, and Comments inspection and reproduction at the q. Proposed Scope of Studies under Permit: A preliminary permit, if issued, April 17, 2006. Commission in the Public Reference Room, located at 888 First Street, NE., does not authorize construction. The Take notice that the following term of the proposed preliminary permit hydroelectric application has been filed Room 2A, Washington DC 20426, or by calling (202) 502–8371. This filing may would be 36 months. The work with the Commission and is available proposed under the preliminary permit for public inspection: also be viewed on the Commission’s Web site at http://www.ferc.gov using would include economic analysis, a. Type of Application: Preliminary preparation of preliminary engineering Permit. the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in plans, and a study of environmental b. Project No.: 12662–000. impacts. Based on the results of these c. Date filed: March 21, 2006. the docket number field to access the studies, the Applicant would decide d. Applicant: Renewable Resources, document. For assistance, call toll-free whether to proceed with the preparation Inc. 1–866–208–3676 or e-mail e. Name of Project: Swift River Mill [email protected]. For TTY, of a development application to Project. call (202) 502–8659. A copy is also construct and operate the project. f. Location: The project would be available for inspection and r. Comments, Protests, or Motions to located on the Pawcatuck River, in reproduction at the address in item h. Intervene: Anyone may submit Washington County, Rhode Island. The above. comments, a protest, or a motion to project would not occupy Federal or m. Individuals desiring to be included intervene in accordance with the Tribal lands. The existing dam is owned on the Commission’s mailing list should requirements of Rules of Practice and by the applicant. so indicate by writing to the Secretary Procedure, 18 CFR 385.210, .211, .214. g. Filed Pursuant to: Federal Power of the Commission. In determining the appropriate action to Act, 16 U.S.C. 791(a)–825(r). n. Competing Preliminary Permit: take, the Commission will consider all h. Applicant Contact: Mr. John R. Anyone desiring to file a competing protests or other comments filed, but Lavigne, Renewable Resources, Inc., c/o application for preliminary permit for a only those who file a motion to The H.L. Turner Group, Inc., 27 Locke proposed project must submit the intervene in accordance with the Road, Concord, NH 03301–5417, (603) competing application itself, or a notice Commission’s Rules may become a 228–1122. of intent to file such an application, to party to the proceeding. Any comments, i. FERC Contact: Robert Bell, (202) the Commission on or before the protests, or motions to intervene must 502–6062. specified comment date for the be received on or before the specified j. Deadline for filing comments, particular application (see 18 CFR 4.36). comment date for the particular protests, and motions to intervene: 60 Submission of a timely notice of intent application. days from the issuance date of this allows an interested person to file the Comments, protests and interventions notice. competing preliminary permit may be filed electronically via the The Commission’s Rules of Practice application no later than 30 days after Internet in lieu of paper. See 18 CFR and Procedure require all intervenors the specified comment date for the 385.2001(a)(1)(iii) and the instructions filing documents with the Commission particular application. A competing on the Commission’s web site under ‘‘e-

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filing’’ link. The Commission strongly open houses. Those wishing to attend applicants by identifying the specific encourages electronic filing. the site visits must provide their own information and level of detail required s. Filing and Service of Responsive transportation. The schedule for the site for filing these resource reports as Documents: Any filings must bear in all visits and open houses is as follows: specified by Title 18 of the Code of capital letters the title ‘‘COMMENTS’’, Federal Regulations, Sections 380.12 Tuesday, April 25th ‘‘COMPETING APPLICATION’’, (m) and (o). This document addresses ‘‘RECOMMENDATIONS FOR TERMS Site Visit: Meet at 8 a.m. (CST). Eagle recent initiatives, as well as several AND CONDITIONS’’, ‘‘PROTEST’’, or Ridge Conference Center Parking Lot, requests for specific guidance, ‘‘MOTION TO INTERVENE’’, as 1500 Raymond Lake Road, Raymond, including: applicable, and the Project Number of MS 39154. 601–857–7100. • The level of detail, including a the particular application to which the Open House: 5 p.m.–6:30 p.m. (CST). requirement for a hazard design review, filing refers. Any of the above-named Eagle Ridge Conference Center, Talon necessary for the front-end engineering documents must be filed by providing Room, 1500 Raymond Lake Road, design submitted to the FERC; the original and the number of copies Raymond, MS 39154. 601–857–7100. • Critical energy infrastructure provided by the Commission’s Wednesday, April 26th information (CEII) classification; regulations to: The Secretary, Federal • LNG spill containment sizing and Energy Regulatory Commission, 888 Site Visit: Meet at 8 a.m. (CST). Tallulah Country Club Parking Lot, 762 Old design criteria for impoundments, First Street, NE., Washington, DC 20426. sumps, sub-dikes, troughs or trenches; A copy of any motion to intervene must Highway 65 South, Tallulah, LA • Design spills to be used in the also be served upon each representative 71282. 318–574–4173. calculation of thermal and flammable of the Applicant specified in the Open House: 5 p.m.–6:30 p.m. (CST). Tallulah Country Club, 762 Old vapor exclusion zones; particular application. • t. Agency Comments: Federal, state, Highway 65 South, Tallulah, LA Waterway suitability assessments and local agencies are invited to file 71282. 318–574–4173. required by the U.S. Coast Guard’s comments on the described application. These events are posted on the Navigation and Inspection Circular 05– A copy of the application may be Commission’s calendar located on the 05; and obtained by agencies directly from the internet at http://www.ferc.gov/ • Compliance with the Energy Policy Applicant. If an agency does not file EventCalendar/EventsList.aspx. For Act of 2005. comments within the time specified for additional information regarding these The technical conference will allow filing comments, it will be presumed to events, please contact the Commission’s the public and the engineering have no comments. One copy of an Office of External Affairs at 202–502– community the opportunity to provide agency’s comments must also be sent to 8004. comments on the required information the Applicant’s representatives. for Resource Report 11: Reliability and Magalie R. Salas, Safety, and Resource Report 13: Magalie R. Salas, Secretary. Engineering and Design Material for Secretary. [FR Doc. E6–6034 Filed 4–21–06; 8:45 am] LNG facility applications. In addition, [FR Doc. E6–6050 Filed 4–21–06; 8:45 am] BILLING CODE 6717–01–P the conference will solicit comments on BILLING CODE 6717–01–P our Draft Preferred Submittal Format Guidance for better organizing the DEPARTMENT OF ENERGY engineering information in Resource DEPARTMENT OF ENERGY Federal Energy Regulatory Report 13. This document is available on the Commission Web site at http:// Federal Energy Regulatory Commission www.ferc.gov/docs-filing/elibrary.asp Commission [Docket No. AD06–4–000] under Docket No. AD06–4 or by [Docket No. PF06–23–000] accessing the following link: http:// Resource Reports 11 and 13 Guidance; elibrary.ferc.gov:0/idmws/ Gulf South Pipeline Company, LP; Notice of Technical Conference file_list.asp?document_id=4394249. Notice of Site Visit for the Proposed Information related to specific projects Mississippi Expansion Project April 13, 2006. On Tuesday, May 9, 2006, the staff of before the Commission will not be April 13, 2006. the Office of Energy Projects of the discussed. The Gulf South Pipeline Company Federal Energy Regulatory Commission The conference is open to the public. (Gulf South) is proposing to construct (FERC or Commission) will convene a Pre-registration is required and may be approximately 88 miles of 42-inch- technical conference to discuss the submitted either online at http:// diameter pipeline and a new 39,990 engineering and safety information www.ferc.gov/whats-new/registration/ horsepower compression station in required in applications for liquefied cryo-conf-form.asp or by faxing a copy Madison Parish, Louisiana, and Warren, natural gas (LNG) facilities. Filings that of the form (found at the referenced Hinds, Copiah and Simpson Counties, are complete expedite staff detailed online link) to 202–208–0353. Mississippi. review to ensure that all areas of the FERC conference and meetings are On April 25 and 26, 2006, staff from proposed design are safe and reliable. accessible under section 508 of the the Office of Energy Projects (OEP) as The technical conference will convene Rehabilitation Act of 1973. For part of its Pre-Filing Review will visit at 10 a.m. (EST) at the Federal Energy accessibility accommodations please the proposed pipeline route and Regulatory Commission, 888 First send an e-mail to [email protected] potential compression station sites and Street, NE., Washington, DC 20426, in or call toll free (866) 20803372 (voice) will attend open house meetings Conference Room 3M–02. or 202–502–8659 (TTY), or send a fax to sponsored by the applicant to answer On December 15, 2005, the 202–208–2106 with the required questions about the Pre-Filing Review Commission issued Draft Guidance for accommodations. process. All interested parties are Filing Resource Reports 11 & 13 for LNG For information about this conference, welcome to attend the site visits and Facility Applications to assist please contact Chris Zerby 202–502–

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6111, Kareem Monib 202–502–6265, or at: (202) 564–7027, or by e-mail at: EPA currently compiles EPA-issued Ghanshyam Patel 202–502–6431. [email protected]. For technical NSPS and NESHAP applicability questions about the individual determinations, alternative monitoring Magalie R. Salas, applicability determinations or decisions, and regulatory Secretary. monitoring decisions, refer to the interpretations, and posts them on the [FR Doc. E6–6037 Filed 4–21–06; 8:45 am] contact person identified in the Applicability Determination Index (ADI) BILLING CODE 6717–01–P individual documents, or in the absence on a quarterly basis. In addition, the of a contact person, refer to the author ADI contains EPA-issued responses to of the document. requests pursuant to the stratospheric ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: ozone regulations, contained in 40 CFR AGENCY part 82. The ADI is an electronic index [FRL–8160–7] Background on the Internet with more than one The General Provisions to the NSPS thousand EPA letters and memoranda Recent Posting to the Applicability in 40 CFR part 60 and the NESHAP in pertaining to the applicability, Determination Index (ADI) Database 40 CFR part 61 provide that a source monitoring, recordkeeping, and System of Agency Applicability owner or operator may request a reporting requirements of the NSPS and Determinations, Alternative Monitoring determination of whether certain NESHAP. The letters and memoranda Decisions, and Regulatory intended actions constitute the may be searched by date, office of Interpretations Pertaining to Standards issuance, subpart, citation, and control of Performance for New Stationary commencement of construction, number or by string word searches. Sources, National Emission Standards reconstruction, or modification. EPA’s for Hazardous Air Pollutants, and the written responses to these inquiries are Today’s notice comprises a summary Stratospheric Ozone Protection broadly termed applicability of 95 such documents added to the ADI Program determinations. See 40 CFR 60.5 and on February 28, 2006. The subject, 61.06. Although part 63 NESHAP and author, recipient, date and header of AGENCY: Environmental Protection section 111(d) of the Clean Air Act each letter and memorandum are listed Agency (EPA). regulations contain no specific in this notice, as well as a brief abstract ACTION: Notice of availability. regulatory provision that sources may of the letter or memorandum. Complete request applicability determinations, SUMMARY: This notice announces copies of these documents may be EPA does respond to written inquiries obtained from the ADI through the applicability determinations, alternative regarding applicability for the part 63 monitoring decisions, and regulatory OECA Web site at: http://www.epa.gov/ and section 111(d) programs. The NSPS compliance/monitoring/programs/caa/ interpretations that EPA has made and NESHAP also allow sources to seek adi.html. under the New Source Performance permission to use monitoring or Standards (NSPS); the National recordkeeping which are different from Summary of Headers and Abstracts Emission Standards for Hazardous Air the promulgated requirements. See 40 Pollutants (NESHAP); and the CFR 60.13(i), 61.14(g), 63.8(b)(1), 63.8(f), The following table identifies the Stratospheric Ozone Protection and 63.10(f). EPA’s written responses to database control number for each Program. these inquiries are broadly termed document posted on the ADI database FOR FURTHER INFORMATION CONTACT: An alternative monitoring decisions. system on February 28, 2006; the electronic copy of each complete Furthermore, EPA responds to written applicable category; the subpart(s) of 40 document posted on the Applicability inquiries about the broad range of NSPS CFR part 60, 61, or 63 (as applicable) Determination Index (ADI) database and NESHAP regulatory requirements as covered by the document; and the title system is available on the Internet they pertain to a whole source category. of the document, which provides a brief through the Office of Enforcement and These inquiries may pertain, for description of the subject matter. We Compliance Assurance (OECA) Web site example, to the type of sources to which have also included an abstract of each at http://www.epa.gov/compliance/ the regulation applies, or to the testing, document identified with its control monitoring/programs/caa/adi.html. The monitoring, recordkeeping or reporting number after the table. These abstracts document may be located by date, requirements contained in the are provided solely to alert the public to author, subpart, or subject search. For regulation. EPA’s written responses to possible items of interest and are not questions about the ADI or this notice, these inquiries are broadly termed intended as substitutes for the full text contact Maria Malave at EPA by phone regulatory interpretations. of the documents.

ADI DETERMINATIONS UPLOADED ON FEBRUARY 24, 2006

Control Category Subpart Title

A050001 ...... Asbestos ...... M ...... Demolition of Residential Trailer Homes. M050030 ...... MACT ...... A, EEE ...... Stack Test Waiver for a Portland Cement Plant Kiln. M050036 ...... MACT ...... G ...... Alternative Monitoring of Orthoxylene Unit. M050037 ...... MACT ...... G ...... Waiver of Additional Performance Testing. M050038 ...... MACT ...... U ...... Alternative Reporting Period. M050039 ...... MACT ...... A ...... Waiver of Flare Performance Testing. M050040 ...... MACT ...... CC, G ...... Alternative Reporting Period. M050041 ...... MACT ...... CC ...... Alternative Reporting Period. M050042 ...... MACT ...... S ...... Alternative Test Method for Pulp and Paper Mill. M050043 ...... MACT ...... S, VVV ...... Cluster Rule Compliance Plan. M050044 ...... MACT ...... PPP, FFFF ...... Primary Product Determination for Production Vessels. M050045 ...... MACT ...... S ...... Cluster Rule Compliance Plan. M050046 ...... MACT ...... KK, QQQQ ...... Finishing of Architectural Elements.

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ADI DETERMINATIONS UPLOADED ON FEBRUARY 24, 2006—Continued

Control Category Subpart Title

M050047 ...... MACT ...... Hon R ...... C–12 Chemical Manufacturing Process Units. Z050007 ...... NESHAP ...... FF, V ...... Alternative Monitoring of Pressure/Vacuum Relief Valves. 0500048 ...... NSPS ...... D ...... Alternative Opacity Monitoring. 0500060 ...... NSPS ...... Db ...... Alternative Monitoring of Fluidized Catalytic Cracking Unit. 0500061 ...... NSPS ...... GG ...... Alternative Monitoring of Gas Turbines. 0500062 ...... NSPS ...... Db ...... Compliance Monitoring Plan for Gas-Fired Boiler. 0500063 ...... NSPS ...... J, Dc ...... Alternative Monitoring of Gasoline Loading Rack. 0500064 ...... NSPS ...... Dc ...... Alternative Recordkeeping of Fuel Usage. 0500065 ...... NSPS ...... Da ...... Alternative Monitoring of Duct Burners. 0500066 ...... NSPS ...... NNN ...... Alternative Monitoring of Catalytic Incinerators. 0500067 ...... NSPS ...... J ...... Alternative Monitoring of Gasoline Loading Rack. 0500068 ...... NSPS ...... J ...... Alternative Monitoring of Platformer Lock Hopper. 0500069 ...... NSPS ...... J ...... Alternative Monitoring of Vacuum Charge Heater. 0500070 ...... NSPS ...... J ...... Alternative Monitoring of Marine Dock Thermal Oxidizer. 0500071 ...... NSPS ...... Dc ...... Alternative Recordkeeping of Fuel Usage. 0500072 ...... NSPS ...... NNN ...... Alternative Monitoring of Distillation Units. 0500073 ...... NSPS ...... J ...... Alternative Monitoring of Fluidized Catalytic Cracking Unit. 0500074 ...... NSPS ...... J ...... Alternative Monitoring of Refinery Unit. 0500075 ...... NSPS ...... GG ...... Alternative Monitoring of New Replacement Turbine. 0500076 ...... NSPS ...... Db, GG, Dc ...... Custom Fuel Monitoring Schedule. 0500077 ...... NSPS ...... UUU ...... Kyanite Processing. 0500078 ...... NSPS ...... Db, GG ...... Alternative Monitoring of Gas Turbines. 0500079 ...... NSPS ...... GG, Db ...... Custom Fuel Monitoring Schedule. 0500080 ...... NSPS ...... GG, Db ...... Alternative Monitoring of Gas Turbines. 0500081 ...... NSPS ...... Da, GG ...... Alternative Monitoring of Gas Turbines. 0500082 ...... NSPS ...... Dc, GG ...... Alternative Monitoring of Gas Turbines. 0500083 ...... NSPS ...... Db ...... Alternative Opacity Monitoring. 0500084 ...... NSPS ...... UUU, WWW ...... Alternative Opacity Monitoring. 0500085 ...... NSPS ...... Da ...... Stack Testing Waiver. 0500086 ...... NSPS ...... WWW ...... Tier 2 Sampling. 0500087 ...... NSPS ...... WWW ...... Alternative Monitoring Proposals for Landfill. 0500088 ...... NSPS ...... CC ...... Alternative Opacity Monitoring. 0500089 ...... NSPS ...... RRR, NNN ...... Alternative Monitoring of Distillation Operations. 0500090 ...... NSPS ...... GG ...... Alternative Monitoring of Combustion Turbines. 0500091 ...... NSPS ...... Dc ...... Alternative Recordkeeping of Fuel Usage. 0500092 ...... NSPS ...... LL ...... Waiver of Visible Emission Test Requirements. 0500093 ...... NSPS ...... D ...... Alternative Opacity, SO2 , and NOX Monitoring. 0500094 ...... NSPS ...... Db ...... Alternative Monitoring Plan Modification Request. 0500095 ...... NSPS ...... WWW ...... Passive Flares and Waiver of Testing Requirements. 0500096 ...... NSPS ...... GG ...... Alternative Monitoring Plan for Gas Turbines. 0500097 ...... NSPS ...... WWW ...... Temporary Disconnection of Gas Collection Wells. 0500098 ...... NSPS ...... Cc ...... Tier 2 Testing Deadline. 0500099 ...... NSPS ...... Y, OOO ...... Initial Opacity Performance Testing. 0500100 ...... NSPS ...... Dc ...... Opacity Monitor Certification. 0500101 ...... NSPS ...... III, NNN ...... Waiver of Performance Test of Flare. 0500102 ...... NSPS ...... WWW ...... Waiver of Installation of Gas Collection Wells. 0500103 ...... NSPS ...... Db ...... Initial Performance Test Waiver and Recordkeeping Waiver. 0500104 ...... NSPS ...... Dc ...... Initial Opacity Performance Testing. 0500105 ...... NSPS ...... J ...... Alternative Monitoring of Refinery Fuel Gas Streams. 0500106 ...... NSPS ...... D ...... Alternative Span Value. 0500107 ...... NSPS ...... OOO ...... Waiver of Initial Performance Test for Baghouses. 0500108 ...... NSPS ...... Db ...... Alternative Opacity Monitoring. 0500109 ...... NSPS ...... H, T, U, V ...... Use of English Units for Monitoring and Recordkeeping. 0500110 ...... NSPS ...... XX ...... VRU Bypass During Diesel Loading. 0500111 ...... NSPS ...... UU ...... Alternative Opacity Monitoring and Performance Testing. 0500112 ...... NSPS ...... A, D, Db, Dc, Kb, Alternative Monitoring of Startups, Shutdowns, Malfunctions. DDD, III, NNN, RRR. 0500113 ...... NSPS ...... VV, Y, OOO ...... Alternative Monitoring for Leak Detection. 0500114 ...... NSPS ...... OOO, Y, Dc ...... Alternative Monitoring for Visible Emissions. 0500115 ...... NSPS ...... WWW, III, NNN ..... Alternative Monitoring of Surface Methane. 0500116 ...... NSPS ...... WWW ...... Landfill Testing and Emission Rate Calculation Issues. 0500117 ...... NSPS ...... WWW ...... Alternative Monitoring Plan for Landfill Gas. 0500118 ...... NSPS ...... CC ...... Alternative Opacity Monitoring. 0500119 ...... NSPS ...... XX, J ...... Re-Test Requirements After Adding Equipment. 0500120 ...... NSPS ...... TT ...... Alternative Test Method. 0500121 ...... NSPS ...... VV ...... Alternative Monitoring Plan for Leak Detection. 0500122 ...... NSPS ...... Db, Dc ...... Boiler Derate Proposal. 0500123 ...... NSPS ...... UUU ...... Alternative Monitoring Plan for Fluidized Bed Dryer. 0500124 ...... NSPS ...... GG ...... Modification of Initial Performance Testing. 0500125 ...... NSPS ...... J, A, I ...... Performance Test Extension Request. 0500126 ...... NSPS ...... J ...... Alternative Monitoring Plan for CEM Span Setting.

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ADI DETERMINATIONS UPLOADED ON FEBRUARY 24, 2006—Continued

Control Category Subpart Title

0500127 ...... NSPS ...... J ...... Alternative Monitoring Plan for Refinery Unit. 0500128 ...... NSPS ...... J ...... Alternative Monitoring Plan for Refinery Unit. 0500129 ...... NSPS ...... J ...... Alternative Monitoring Plan for Refinery Combustion Unit. 0500130 ...... NSPS ...... J ...... Alternative Monitoring Plan for Refinery Unit. 0500131 ...... NSPS ...... J ...... Alternative Monitoring Plan for Vent Gas Stream. 0500132 ...... NSPS ...... NNN, RRR ...... Alternative Opacity Monitoring. 0500133 ...... NSPS ...... NNN, RRR ...... Alternative Monitoring Plan for Distillation Units. 0500134 ...... NSPS ...... B ...... Alternative Performance Specification Procedure. 0500135 ...... NSPS ...... Db ...... Alternative Monitoring Plan for Cogeneration Unit. 0500136 ...... NSPS ...... NNN ...... SOCMI Distillation Operations. 0500137 ...... NSPS ...... J ...... Fuel Gas Combustion Devices and Process Gas Exemption. 0500138 ...... NSPS ...... J ...... Fuel Gases and Fuel Gas Combustion Devices.

Abstracts Abstract for [0500060] The plan that Koch Fuels (FHR’s former name) submitted included all of the Abstract for [A050001] Q: Does EPA approve a request to discontinue calibrating a carbon information required by 40 CFR Q1: Are trailer homes with different monoxide continuous emission monitor 60.49b(c)(1), (2) and (3). Based upon a owners located in the state of Delaware (CEM) with a 1,000-ppmv span gas for review of the information that the that are recycled using two different a fluid catalytic cracking unit, under 40 company submitted, EPA approves the processes through the Delaware Solid CFR part 60, subpart Db, at Flint Hill proposed compliance monitoring plan Waste Authority subject to 40 CFR part Resources Pine Bend petroleum refinery under NSPS subpart Db. 61, subpart M? A1: No. 40 CFR part 61, subpart M, in Rosemount, Minnesota? Abstract for [Z050007] A: Yes. EPA approves this request the asbestos NESHAP regulation, does because, based on information Q: Does EPA approve an alternative not apply to demolition of single submitted to EPA, Flint Hills Resources monitoring plan, under 40 CFR part 61, residential trailer homes because they meets the criteria for the exemption set subparts V and FF, for pressure/vacuum are classified as single dwelling units forth at 40 CFR 60.105(a)(2)(ii). relief valves in the wastewater treatment and ownership remains with the trailer However, a State permit requires the plant tanks and oil-water separator owner, not the state. A single dwelling facility to calibrate its carbon monoxide located at Flint Hills Resources (FHR) unit that is being demolished is exempt continuous emission monitor with a 100 petroleum refinery in Rosemount, from the NESHAP regulation throughout ppmv span gas. Minnesota? the entire recycling process. However, when two or more residential homes are Abstract for [0500061] A: Yes. EPA concludes that the pressure/vacuum relief valves function located at the same demolition site and Q1: Does EPA waive the multi-load are under control of the same owner or as both pressure relief devices and testing requirement, under 40 CFR part dilution air openings under NESHAP operator, then the trailer homes become 60, subpart GG, for Tristate’s Pyramid a residential installation subject to the subparts V and FF. EPA did not Generating Station near Lordsburg, New promulgate a definition of ‘‘dilution air NESHAP regulation. Mexico? Q2: Would 40 CFR part 61, subpart M, opening’’ in NESHAP subpart FF. A1: Yes. EPA waives the multi-load NESHAP subpart V infers that a apply if the residential trailer home testing requirement under NSPS subpart pressure relief device is designed to were purchased by a commercial entity GG because the facility has a nitrogen release pressure but is not designed to rather than being sent to the Delaware oxides continuous emissions monitor function as a dilution air opening. Since Solid Waste Authority? (NOX CEM). A2: No. A residential trailer home and Q2: Does EPA approve the use of the pressure/vacuum relief valves its recycling process are exempt from monitoring conducted in accordance relieve excess pressure in the closed the asbestos NESHAP regulation if at the with Part 75 in lieu of certain vent system and allow dilution air to time of demolition, it can be classified monitoring requirements in 40 CFR part enter the closed vent system, the as single dwelling unit and does not 60, subpart GG, at Tristate’s Pyramid pressure/vacuum relief valves are both meet the definition of a residential Generating Station near Lordsburg, New pressure relief devices and dilution air installation in 40 CFR 61.141. Mexico? openings. EPA recognizes that the Q3: Given the inapplicability of 40 A2: Yes. EPA approves the use of requirements of 40 CFR CFR part 61, subpart M, what might the certain monitoring of part 75 in lieu of 61.343(a)(1)(i)(B) and (C) do not account State of Delaware do to minimize public certain monitoring requirements of for this dichotomy, and thus approves exposure to asbestos from the NSPS subpart GG. FHR’s request for an alternative demolition of residential trailer homes? monitoring plan to resolve the A3: EPA suggests that the State of Abstract for [0500062] ambiguity. Delaware encourage inspection and Q: Does EPA approve a compliance Abstract for [0500063] removal of asbestos-containing material monitoring plan, under 40 CFR part 60, at the Delaware Solid Waste Authority subpart Db, for a 185-mmBTU/hr Q: Does EPA approve an alternative compaction site. The state might also natural gas-fired boiler at Flint Hills monitoring plan, under 40 CFR part 60, consider the addition of a permit Resources (FHR) petroleum refinery in subpart J, to address a new refinery fuel condition in the Delaware landfills Rosemount, Minnesota? gas that Flint Hills Resources (FHR) operating permits that would prohibit A: Yes. On April 12, 2000, the loads at a gasoline loading rack at its landfills from accepting asbestos- company supplemented its request in Pine Bend Refinery in Rosemount, containing material as landfill cover. accordance with EPA’s initial response. Minnesota?

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A: Yes. EPA finds FHR has action. In addition, BASF will keep in Atofina’s facility in Port Arthur, demonstrated that this refinery fuel gas records of organic flow rate to R–170 in Texas? meets the criteria in EPA’s August 14, lb/hr. Any hourly flow rates that are A: Yes. EPA approves the alternative 1987 guidance for refinery fuel gas below the approved minimum will be monitoring plan under NSPS subpart J stream alternative monitoring plans, and considered a violation of NSPS subpart based upon the data submitted, and thus it approves the alternative NNN and must be reported as excess provided that the proposed alternative monitoring plan under NSPS subpart J. emissions. monitoring plan correctly applies the Abstract for [0500064] Abstract for [M050037] stipulated guidance in EPA’s letters to Koch Fuels on December 2, 1999 and Q: Does EPA approve an alternative Q: Will EPA waive, under 40 CFR part February 13, 2001 (see ADI Control fuel usage recordkeeping method, under 63, subpart G, additional performance Numbers 0500137 and 0100037). 40 CFR part 60, subpart Dc, for two testing if the scrubber/absorption system heaters at Devon Energy’s Bridgeport organic absorption medium is changed Abstract for [0500070] Gas Processing Plant near Bridgeport, from utility water to recycle process Q1: Does EPA approve an alternative Texas? wastewater at a BP Chemicals Green monitoring plan, under 40 CFR part 60, A: Yes. EPA approves the changes in Lake facility in Port Lavaca, Texas? subpart J, in lieu of a hydrogen disulfide the fuel usage recordkeeping frequency A: Yes. EPA will waive additional continuous emission monitor (H2S for NSPS subpart Dc boilers that are testing under MACT subpart G because CEM) for the dock thermal oxidizer vent fired with only natural gas and/or low the change in medium at the scrubber/ gases in Atofina’s facility in Port Arthur, sulfur oil. absorption system would lead to only a Texas? slight increase in emissions and the Abstract for [M050036] A1: Yes. EPA approves the alternative total emissions remain below the monitoring plan under NSPS subpart J Q: Does EPA approve an alternative permitted emissions limit of 0.37 lb/hr. based upon the data submitted, and control method, under 40 CFR part 63, Abstract for [0500067] provided that the proposed alternative subpart G, using dual carbon canisters monitoring plan correctly applies the Q: Does EPA approve an alternative to reduce HAP emissions at the stipulated guidance in EPA’s letters to monitoring plan (AMP), under 40 CFR Chalmette Refinery in Chalmette, Koch Fuels on December 2, 1999 and part 60, subpart J, for a flare used by Louisiana? February 13, 2001 (see ADI Control A: Yes. EPA approves the alternative Flint Hills Resources (FHR) during Numbers 0500137 and 0100037). method under MACT subpart G, periods of maintenance or malfunction Q2: Does EPA approve alternative conditioned on Chalmette’s daily of a vapor recovery unit at a gasoline recordkeeping requirements for boilers, monitoring of the HAPs concentration loading rack at its Pine Bend Refinery in under 40 CFR part 60, subpart Dc, at the after the primary canister until Rosemount, Minnesota? Frito-Lay facility in Mission, Texas? breakthrough has occurred three times. A: Yes. EPA finds that FHR has demonstrated that this refinery fuel gas A2: Yes. EPA approves the alternative Abstract for [0500065] meets the criteria in EPA’s guidance, recordkeeping requirements under Q: Does EPA waive the monitoring ‘‘Alternative Monitoring Plan for NSPS subpart Dc based upon the information requirement, under 40 CFR part 60, Subpart J Refinery Fuel Gas’’ for refinery submitted by the facility. subpart Da, to use a sulfur dioxide fuel gas stream alternative monitoring Abstract for [M050038] continuous emission monitor (SO2 plans (see AMP attached to ADI Control CEM) for duct burners located at Number 0500138) and thus it approves Q: Does EPA approve a request to Calpine’s Channel Energy Center facility the alternative monitoring plan under align the periodic reporting in Houston, Texas? NSPS subpart J. requirements of non-leak detection and A: No. EPA does not waive the reduction (LDAR) and LDAR to a single requirement under NSPS subpart Da. Abstract for [0500068] semiannual report, under 40 CFR part However, EPA will consider the Q: Does EPA approve an alternative 63, subpart U, for the hypalon elastomer approval of an alternative monitoring monitoring plan (AMP), under 40 CFR unit at the DuPont Dow facility in plan in lieu of an SO2 CEM. part 60, subpart J, for the platformer Beaumont, Texas? lock hopper and switch valve vent A: Yes. EPA approves the request to Abstract for [0500066] refinery fuel gas stream at Flint Hills align the periodic reporting Q: Does EPA approve an alternative Resources (FHR) petroleum refinery in requirements of non-LDAR and LDAR to monitoring plan, under 40 CFR part 60, Rosemount, Minnesota? a single semiannual report under MACT subpart NNN, for the catalytic A: Yes. EPA finds that FHR has subpart U as long as the reports are incinerator at BASF’s Freeport, Texas demonstrated that this refinery fuel gas submitted in such a manner that there facility, which operates at varying meets the criteria in EPA’s guidance, are no missing days of reporting. flowrates and must add hydrocarbons to ‘‘Alternative Monitoring Plan for NSPS Abstract for [M050039] the stream to generate the required delta Subpart J Refinery Fuel Gas’’ for refinery T established by the performance test? fuel gas stream alternative monitoring Q: Does EPA waive a performance test A: Yes. EPA approves an alternative plans (see AMP attached to ADI Control requirement for vent streams that monitoring plan under NSPS subpart No. 0500138), and thus it approves the contain hydrogen cyanide (HCN) and NNN for BASF’s R–170 Catalytic alternative monitoring plan under NSPS allow the use of an alternative method Incinerator provided that: (1) The subpart J. of demonstrating compliance, under 40 minimum outlet temperature will be CFR part 63, subpart A, at DuPont 550 degrees C; (2) the minimum delta T Abstract for [0500069] Chemical Solutions Enterprise’s facility across the bed will be 287 degrees C; (3) Q: Does EPA approve an alternative in Beaumont, Texas? the minimum organic loading to the bed monitoring plan, under 40 CFR part 60, A: Yes. EPA grants the waiver of will be 89,380 lb/hr; and (4) the facility subpart J, in lieu of a hydrogen disulfide performance testing under MACT establishes alarms at a 15 degrees C continuous emission monitor (H2S subpart A for flow measurement and differential to allow time for corrective CEM) for the disulfide separator off-gas heat content because the facility has

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demonstrated compliance using provided that the monitored parameters continuous monitoring of the proposed alternate means. and ranges at the facility have four parameters and continuous supporting data. monitoring to ensure that UNOX oxygen Abstract for [0500071] purity is maintained at 96 percent Abstract for [M050041] Q: Does EPA approve alternative maximum. recordkeeping requirements, under 40 Q: Does EPA allow aligning the CFR part 60, subpart Dc, for natural gas reporting period to a semi-annual Abstract for [M050044] burning boilers at the Frito-Lay facility calendar year, under 40 CFR part 63, Q1: Does EPA approve the primary in Mission, Texas? subpart CC, for the Shell Norco product determination for specific A: Yes. EPA approves the alternative Chemical Plant in Norco, Louisiana? production vessels and precompliance recordkeeping requirements under A: Yes. EPA allows the aligning of the report for pilot vessels, under 40 CFR subpart Dc based upon the condition reporting period under MACT subpart part 63, subpart PPP, for the CRODA that it is not necessary to keep daily fuel CC, provided that the facility submits a Manufacturing facility in Mill Hall, usage records for units fired only with shortened report such that no days of Pennsylvania? natural gas since the emission standards recordkeeping and reporting are missed. A1: Yes. EPA approves the request in subpart Dc are not applicable to these under MACT subpart PPP because it Abstract for [M050042] units. accepts CRODA’s conclusion that Q: Does EPA approve the use of specific production vessels that do not Abstract for [0500072] National Council for Air and Stream manufacture a polyether polyol as the Q: Will EPA approve, under 40 CFR (NCASI) hazardous air pollutants primary product are not polyether part 60, subpart NNN, an alternative (HAPS) Test Method 99.01, under 40 polyol manufacturing units. plan to monitor the total flow to the CFR part 63, subpart S, to analyze Q2: Does EPA agree that products combustion device instead of condensate samples collected at manufactured with epoxides do not monitoring the flow of each vent stream Appleton Papers’ Spring Mill in Roaring meet the definition of a polyether polyol from several distillation units to the Spring Borough, Pennsylvania? in 40 CFR part 63, subpart PPP? combustion device at ExxonMobil’s A: Yes. EPA allows the alternative A2: Yes. EPA agrees that products that Baytown Chemical Plant in Baytown, method under MACT subpart S, do not meet the definition of polyether Texas? provided that the appropriate correction polyol in MACT subpart PPP are not A: Yes. EPA approves this alternative factors are used. subject to the requirements of that monitoring request under NSPS subpart Abstract for [0500075] subpart. NNN with additional conditions to ensure which combustion devices are Q1: Does EPA approve the Abstract for [M050045] associated with which vent gas streams. continuation of the current custom fuel Q: Does EPA approve the use of monitoring plan for the new alternative monitoring parameters and Abstract for [0500073] replacement turbine, under 40 CFR part parameter values to demonstrate Q: Does EPA approve an alternative 60, subpart GG, at East Tennessee compliance with 40 CFR part 63, monitoring plan for a refinery generated Natural Gas Company’s Compressor subpart S for ‘‘closed’’ biological fuel gas stream, under 40 CFR part 60, Station 3313 in Rural Retreat, Virginia? treatment systems at the St. Laurent subpart J, at Motiva Enterprises’ A1: Yes. EPA approves this request Paperboard facility in West Point, Convent Refinery in Convent, under NSPS subpart GG because it Virginia? Louisiana? understands that there will be no A: Yes. EPA approves the request A: Yes. EPA approves an alternative change in fuel quality since there is no because the facility has adequately monitoring plan under NSPS subpart J, change in fuel source. demonstrated that the alternative provided the facility follows the Q2: Does EPA approve a sampling monitoring parameters meet the stipulated guidance in EPA’s letters to location, under 40 CFR part 60, subpart requirements of MACT subpart S. Koch Fuels on December 2, 1999 and GG, where the system’s three major Abstract for [0500076] February 13, 2001 (see ADI Control lines connect? Numbers 0500137 and 0100037). A2: Yes. Because the ownership of Q: Does EPA approve a custom fuel East Tennessee Natural Gas Company monitoring schedule, under 40 CFR part Abstract for [M050040] was transferred from El Paso Energy 60, subpart GG, for Millennium Q: Does EPA align the 40 CFR part 63, Corporation (EPE) to a subsidiary of Inorganic Chemicals’ Hawkins Point subparts G and CC reporting periods for Duke Energy Gas Transmission, EPA plant in Baltimore, Maryland? Motiva Enterprises’ facility in Norco, approves a new sampling location at A: Yes. EPA approves this request in Louisiana? Topside Junction Metering and Control accordance with its August 14, 1987 A: Yes. EPA aligns the reporting Station in Knoxville County, where the custom fuel monitoring schedule periods under MACT subparts G and system’s three major lines connect. memorandum, and provided that CC, provided that the facility submits a pipeline quality natural gas is the only Abstract for [M050043] shortened report such that no days of fuel being burned. recordkeeping and reporting are missed. Q: Does EPA approve alternative monitoring parameters and parameter Abstract for [0500077] Abstract for [0500074] values for ‘‘closed’’ biological treatment Q: Does 40 CFR part 60, subpart UUU, Q: Does EPA approve an alternative systems, under 40 CFR part 63, subpart apply to rotary calciners that are used in monitoring plan for the regenerative S, at the Smurfit (formerly Stone the production of mullite with kyanite catalytic cracking unit (RCCU), under 40 Container Corporation) pulp and paper as the raw material at Kyanite Mining CFR part 60, subpart J, at Motiva mill in Hopewell, Virginia? Corporation (KMC) facilities? Enterprises’ facility in Norco, A: Yes. EPA approves the request A: No. NSPS subpart UUU applies to Louisiana? because the facility has adequately calciners and dryers at ‘‘mineral A: Yes. EPA approves an alternative demonstrated it meets the requirements processing plants,’’ i.e., a facility that monitoring plan under NSPS subpart J, of MACT subpart S through both processes or produces one or more of

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the seventeen specifically named that natural gas is the only fuel fired in the Homanit USA plant in Montgomery minerals listed in 40 CFR 60.731, their the gas turbine. County, North Carolina? concentrates, or mixtures which contain A: No. EPA finds that neither NSPS Abstract for [0500080] greater than 50 percent of any of these subpart Db nor the NSPS general listed minerals. EPA understands that Q: Does EPA approve an alternative provisions in subpart A provide the silica is formed as a by-product during test method request for performance authority to completely waive the the kyanite calcining process at KMC in testing of (nitrogen oxides) NOX applicable opacity monitoring quantities that do not constitute the emission limitations for two gas turbine/ requirement of NSPS subpart Db. majority (greater than 50 percent) of any duct burner combined cycle units, However, based upon the low of the minerals processed or produced under 40 CFR part 60, subpart GG, at the probability that there will be any at KMC. Liberty Electric Power facility in opacity in the regenerative thermal Eddystone Borough, Pennsylvania? oxidizer stack downstream of the boiler, Abstract for [M050046] A: Yes. EPA approves this request EPA would be willing to consider an Q: Is a facility which primarily under NSPS subpart GG based on a opacity monitoring alternative. applies finishing to architectural wood review by the Emission, Monitoring, Abstract for [0500084] molding materials subject to the and Analysis Division (EMAD) of the requirements of 40 CFR part 63, subpart Office on Air Quality, Planning and Q: Does EPA approve use of an KK? Standards, and subject to the conditions alternative path length correction factor, A: No. While EPA believes that the specified in the EMAD memorandum under 40 CFR part 60, subpart UUU, definitions in 40 CFR 63.822 are (C304–02) dated April 5, 2002. based on width rather than equivalent diameter for the continuous opacity intended to be broadly applied and Abstract for [0500081] inclusive, we have determined that monitoring system on three rectangular rotogravure printing on wood molding Q1: Does EPA approve a custom fuel exhaust stacks at the 3M facility in was not intended to be regulated under monitoring schedule, under 40 CFR part Moncure, North Carolina? this rule. The facility does not produce 60, subpart GG, for the Tenaska Virginia A: Yes. EPA approves this request. saleable paper products and does use a Generating Station in Fluvanna County, EPA finds the alternative path length flexographic press in its finishing Virginia? correction factor is acceptable under A1: Yes. EPA approves this custom operations. It therefore does not qualify NSPS subpart UUU because of the high fuel monitoring schedule under NSPS as ‘‘publication rotogravure printing’’ as bias in the opacity data created by using subpart GG in accordance with its that term is defined in 40 CFR 63.822. equivalent diameter. August 14, 1987 custom fuel monitoring However, EPA has determined that the schedule memorandum, and provided Abstract for [0500085] molding finishing operations at the that pipeline quality natural gas is the Q: Does EPA waive the 40 CFR part facility would be regulated under 40 only fuel being burned (see ADI Control 60, subpart Da requirement to conduct CFR 43 Subpart QQQQ, the Wood Number NS33). a stack test in order to determine Building Products MACT, if the Q2: Does EPA approve an alternative compliance with the applicable sulfur molding products ‘‘finished’’ at the monitoring plan, under 40 CFR part 60, dioxide limit for a duct burner at facility are not included within the subpart GG, that provides for the use of Cogentrix Energy’s Caledonia Power category of surface coating (or other CEMS equipment to continuously Station? operations specifically excluded under monitor compliance with the standards A: Yes. EPA waives the NSPS subpart 40 CFR 63.4681(c)(1)–(5)) and are more for nitrogen oxides for the Tenaska Da requirement based upon the margin than 50 percent by weight wood. Virginia Generating Station in Fluvanna of compliance, provided that the unit is Abstract for [0500078] County, Virginia? fired with only pipeline quality natural A2: Yes. EPA approves the alternative gas. Q: Does EPA approve an alternative monitoring plan request under NSPS monitoring plan, under 40 CFR part 60, Abstract for [0500086] subpart GG, based upon its consistency subpart GG, for the Liberty Electric with previous determinations made by Q: Does EPA allow collection of Tier Power facility in Eddystone Borough, the Agency and conditions necessitating 2 samples from the active gas collection Pennsylvania? specific additional requirements for systems, under 40 CFR part 60, subpart A: Yes. EPA approves this alternative recordkeeping and monitoring. WWW, at the Prairie Bluff Landfill in monitoring plan request under NSPS Chickasaw County, Mississippi, and the subpart GG, consistent with previous Abstract for [0500082] Little Dixie Landfill in Madison County, determinations that provide for the use Q: Does EPA approve a custom fuel Mississippi? of continuous emissions monitoring monitoring schedule, under 40 CFR part A: Yes. Based upon NSPS subpart systems (CEMS) equipment to 60 subpart GG, for Energy System North WWW revisions promulgated on continuously monitor compliance with East’s Cogeneration Plant in North East, October 17, 2000, EPA finds the the standard for nitrogen oxides. Pennsylvania? proposed Tier 2 sampling sites to be Abstract for [0500079] A: Yes. EPA approves this custom fuel acceptable, provided that they are monitoring schedule under NSPS located prior to any gas moving or Q: Does EPA approve a custom fuel subpart GG in accordance with its condensate removal equipment. In monitoring schedule, under 40 CFR part August 14, 1987 custom fuel monitoring addition, at least three samples must be 60, subpart GG, for the Liberty Electric schedule memorandum, and provided collected from the proposed sampling Power facility in Eddystone Borough, that pipeline quality natural gas is the site at each of the landfills in question. Pennsylvania? only fuel being burned. A: Yes. EPA approves this custom fuel Abstract for [0500087] monitoring schedule under NSPS Abstract for [0500083] Q1: Does EPA approve the proposed subpart GG in accordance with its Q: Does EPA waive the opacity alternative oxygen concentration limit August 14, 1987 custom fuel monitoring monitoring requirement in 40 CFR part for 16 wells, under 40 CFR part 60, schedule memorandum, and provided 60, subpart Db for a wood-fired boiler at subpart WWW, at the Deans Bridge

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Road Landfill operated by the Augusta, the preamble to the final rule fugitive emission sources inside the Georgia Public Works and Engineering promulgating NSPS subpart RRR, facility because the results of EPA Department? monitoring the combustion temperature Method 22 observations conducted on A1: Yes. EPA approves the proposed for boilers and process heaters, although the exterior of the building provide alternative concentration limit under required under NSPS subpart NNN, is adequate assurance of compliance for NSPS subpart WWW because the not necessary when a VOC vent stream the facilities located inside. temperature monitoring data for the is introduced with the primary fuel for Abstract for [0500093] wells in question indicate that oxygen the boiler or heater. levels greater than five percent have not Q: Does EPA approve the opacity, Abstract for [0500090] poisoned methane producing bacteria. sulfur dioxide (SO2), and nitrogen Q2: Does EPA waive the requirement Q: Does EPA approve the use of Gas oxides (NOX) alternative monitoring under 40 CFR part 60, subpart WWW to Producers Association (GPA) Method proposals, under 40 CFR part 60, conduct methane surface concentration 2265, under 40 CFR part 60, subpart GG, subpart D, for the Number 2 Bark Boiler monitoring in a closed 52-acre section of to measure the sulfur content of natural at Riverwood International’s kraft pulp the landfill? gas burned in turbines at the Clarksdale mill in Macon, Georgia? A2: No. Because NSPS subpart WWW Public Utilities Crossroads Power Plant? A: Yes. EPA approves the alternative requires that methane surface A: Yes. EPA approves this request to monitoring proposals concerning concentration monitoring in closed use GPA Method 2265 for monitoring opacity, sulfur dioxide, and nitrogen areas be conducted at least annually, natural gas sulfur content under NSPS oxides under NSPS subpart D. EPA EPA concludes that the requirement to subpart GG because it is an acceptable finds monitoring of the scrubber liquor conduct this monitoring cannot be alternative similar to American Society flow rate and scrubber pressure drop to waived. However, the monitoring for Testing Materials (ASTM) methods be an acceptable alternative to using frequency can be reduced from a for measuring sulfur content and continuous opacity monitors (COMS). quarterly to an annual basis if none of consistent with several other past Additionally, monitoring the pH of the the methane concentration readings in determinations. scrubber liquor when coal is fired is an the closed section of the landfill were acceptable alternative to an SO2 CEMS. Abstract for [0500091] 500 parts per million or more during the Furthermore, performing annual boiler June 2003 monitoring period. Q: Does EPA require requests for tune-ups and conducting annual NOX approval of an alternative fuel usage performance tests is reasonable Abstract for [0500088] recordkeeping schedule to be submitted assurance of compliance with the Q: Does EPA approve an opacity to EPA for review, under 40 CFR part applicable NOX emission limits in monitoring alternative for two glass 60, subpart Dc, especially routine subpart D in lieu of a NOX CEMS. melting furnaces, under 40 CFR part 60, requests for natural gas and distillate subpart CC, at the Anchor Glass oil-fired boilers? Abstract for [0500094] Company’s Warner Robbins, Georgia A: No. Requests of this type do not Q: Does EPA approve a request to plant? have to be submitted exclusively to EPA modify the current opacity monitoring A: No. EPA does not approve this for review. Because of the routine nature alternative, under 40 CFR part 60, request under NSPS subpart CC. Based of such requests, review on a case-by- subpart Db, for a boiler at Georgia upon the results of testing conducted on case basis at the Regional level slows Pacific’s plywood plant in Monticello, both furnaces, there does not appear to down the approval without providing Georgia, by deleting one of the three be a consistent relationship between any environmental benefit. The low fuel parameters currently monitored as an particulate emission rates and the emissions from natural gas and distillate indicator of scrubber performance? operating parameter (bridgewall oil-fired boilers means that monthly fuel A: Yes. EPA approves the request temperature) that Anchor Glass usage recordkeeping frequencies are under NSPS subpart Db to drop the proposed to monitor in lieu of typically appropriate to verify these water supply pressure monitoring installing, certifying, and operating a sources’ compliance. Additionally, requirement. Based on facts submitted continuous emission monitoring system. proposals to apportion total fuel usage to EPA, monitoring both water flow rate between multiple units with a common and supply pressure at this plant is Abstract for [0500089] fuel flow meter do not have to be unnecessary. In addition, several other Q: Does EPA find that the 40 CFR part submitted to EPA for review if the NSPS subparts, including OOO and 60, subpart RRR monitoring procedures apportionment approach is at least as UUU, require only pressure drop and are an acceptable alternative to the 40 accurate as one that EPA approved for water flow rate monitoring. CFR part 60, subpart NNN requirements several plants operated by Tyson Foods Abstract for [0500095] for volatile organic compound (VOC) in Region 5 in a determination dated excess emission monitoring at the May 1, 2001 (ADI control number Q1: Does EPA approve a proposal to distillation operation in Celanese 010005), which was attached to EPA’s use passive flares on a temporary basis Acetate’s plant in Rock Hill, South response. (not to exceed 18 months), under 40 Carolina? CFR part 60, subpart WWW, at Waste A: Yes. EPA finds that the NSPS Abstract for [0500092] Management’s Live Oak Landfill in subpart RRR monitoring procedures are Q: Does EPA waive the requirement, DeKalb County, Georgia? an acceptable alternative to the under 40 CFR part 60, subpart LL, to A1: Yes. EPA approves the proposed monitoring procedures required under perform visible emissions tests on flares under NSPS subpart WWW, NSPS subpart NNN in this case. The several affected facilities located inside provided that they are used only in NSPS subpart RRR requirement to a building at the Treibacher areas where liners have been installed monitor diversions from the control Schleifmittal grit plant in on the sides and bottom of the landfill device accomplishes the same end as Andersonville, Georgia? in accordance with 40 CFR 258.40. This the NSPS subpart NNN requirement to A: Yes. EPA waives the NSPS subpart determination is based upon the design monitor the flow to the control device. LL requirement to conduct separate of the proposed flares, each of which In addition, based upon information in visible emission tests on each of the must include a pilot flame,

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thermocouple, a thermocouple to conducted any time prior to the completely identical. Relocating a monitor the temperature at the flare tip, deadline for installation of a GCCS (30 COMS is one of the conditions requiring and a data logger to record the months after the landfill’s nonmethane monitor certification in the August 10, thermocouple data. organic compound emission rate 2000 version of PS–1. Q2: Does EPA waive the 40 CFR part exceeds 50 megagrams per year), Abstract for [0500101] 60, subpart WWW performance testing provided that a design plan is submitted requirement for the passive flares at by the applicable deadline (12 months Q: Does EPA waive the requirement to Waste Management’s Live Oak Landfill after the landfill’s nonmethane organic conduct a performance test on a flare in DeKalb County, Georgia? compound emission rate exceeds 50 that controls volatile organic compound A2: No. EPA does not waive the NSPS megagrams per year). (VOC) emissions from air oxidation and subpart WWW performance testing Q2: Could EPA clarify whether the distillation operations, under 40 CFR requirement for the passive flares results of initial Tier 2 testing in 1998 part, 60 subparts III and NNN, at because flare design flow rate data and or of a Tier 2 retest in 2003 should be Albemarle Corporation’s chemical plant information regarding typical landfill used for calculating the 2003 in Orangeburg, South Carolina? gas composition do not provide a nonmethane organic compound A: Yes. EPA waives the performance sufficient basis for a waiver. To obtain (NMOC) emission rate, under 40 CFR requirement under NSPS subparts III such a waiver, the facility must test a part 60, subpart Cc, at the Clayton and NNN. Information supplied by the portion of the flares that it installs and County, Georgia, Municipal Solid Waste company demonstrates that the flare tip submit the results of the test to EPA for Landfill? velocity will be less than 50 percent of review. A2: Once the deadline for Tier 2 the applicable limit even if the total retesting has passed, NMOC emission volume of reactants for the hydrogen Abstract for [0500096] rates under NSPS subpart WWW must cyanide production unit were vented Q: Does EPA approve American be calculated using the 4000 part per through the control device. Hence, the Society for Testing Materials (ASTM) million default value, unless additional velocity limit promulgated in 40 CFR Method D 6667–01 as an alternative Tier 2 testing is done. If additional 60.18(c)(3)(i)(A) will not be exceeded. method, under 40 CFR part 60, subpart testing is done, the NMOC Abstract for [0500102] GG, for monitoring the sulfur content of concentration results from this retest, natural gas burned in three gas turbines rather than the default value, would Q: Does EPA waive the requirement to at the Williams Pipeline site in Coden, apply for calculating the NMOC install gas collection wells in active Alabama? emission rate for year 2003. landfill areas that have held waste for A: Yes. EPA has previously approved five years or more, under 40 CFR part the proposed alternative method under Abstract for [0500099] 60, subpart WWW, at the Central NSPS subpart GG for measuring natural Q: Does EPA approve a proposal for Disposal Facility in Brevard County, gas sulfur content at more than twenty shortening the visible emission (VE) Florida? separate turbine installations observation from three hours to one A: No. EPA does not waive this nationwide in lieu of the four ASTM hour for conveyor drop points, under 40 requirement. Such a waiver would methods for determining the sulfur CFR part 60, subpart Y, at DTE Energy constitute an unacceptable relaxation of content of gaseous fuels listed in 40 CFR Services’ coal preparation plant in the emission standards of NSPS subpart 60.335(d). Belews Creek, North Carolina? WWW because landfill gas that would A: Yes. EPA approves the request to be collected and routed to control Abstract for [0500097] shorten the VE observation time to one equipment under the rule’s provisions Q: Does EPA approve a proposal to hour when no individual opacity would instead be released to the temporarily abandon gas collection readings exceed 15 percent during the atmosphere without controls. wells during vertical expansion in first hour of readings. Demonstrating active areas that have held waste for five that opacity levels do not exceed 15 Abstract for [0500103] years or more, under 40 CFR part 60, percent of the applicable limit for an Q1: Does EPA waive the requirement subpart WWW, at Waste Management’s entire hour will provide adequate to conduct an initial performance test, Live Oak Landfill in DeKalb County, assurance of compliance with the under 40 CFR part 60, subpart GG, on Georgia? opacity limit in NSPS subpart Y. two of the three combustion turbines at A: No. EPA does not approve under Forsyth Energy Project’s (FEP) plant in Abstract for [0500100] NSPS subpart WWW the proposal to Forsyth County, North Carolina? disconnect the wells for a six to twelve Q: Could EPA verify whether a A1: Yes. EPA grants this waiver month period while a vertical expansion continuous opacity monitoring system request. Under the conditions proposed is taking place because it would (COMS) located on a replacement stack by FEP, EPA finds the test results for constitute a relaxation of the applicable for a boiler at Trigen Biopower in one of the three identical turbines will emission standard. Caldwell, North Carolina, should be provide adequate assurance that the subject, under 40 CFR part 60, subpart other two units also comply with NSPS Abstract for [0500098] Dc, to certification requirements in the subpart GG. Additionally, the use of Q1: Does EPA allow Clayton County, latest version of Performance nitrogen oxides continuous emissions Georgia, which missed the deadline for Specification 1 (PS–1)? monitors (NOX CEMS) at FEP provides a Tier 2 retest at its SR3 Municipal Solid A: Yes. EPA finds that under NSPS a further source of credible evidence Waste Landfill, to have the option of subpart Dc, the COMS is subject to the regarding the compliance for all three conducting another Tier 2 test prior to latest PS–1 certification requirements. turbines following the initial testing. the deadline for submittal of a gas Installing the monitor on the Q2: Does EPA waive the requirement collection and control (GCCS) system replacement stack constitutes relocation to keep records of the annual capacity design plan under 40 CFR part 60, because a replacement stack is likely to factor, under 40 CFR part 60, subpart subpart Cc? differ in some respects from the original Db, for FEP’s auxiliary boiler? A1: Yes. EPA has determined that stack, and there is no way to be A2: Yes. EPA waives this additional Tier 2 testing can be absolutely sure two stacks are requirement. EPA finds that since the

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company is not seeking an exemption Abstract for [0500107] megagrams per hour), EPA approves from the nitrogen oxides limit under Q: Does EPA waive the requirement to using English units (tons per hour) to NSPS subpart Db, there is no regulatory conduct an initial performance test on satisfy these requirements because the need for information regarding the two existing baghouses used to control fluoride emission limits in these rules auxiliary boiler’s annual capacity factor. particulate emissions from materials are expressed in both metric and English units, and this does not hinder handling equipment, under 40 CFR part Abstract for [0500104] a compliance determination. 60, subpart OOO, at the Monarch Q: Does EPA approve the shortening Ceramic Tile plant in Florence, Abstract for [0500110] in duration of the initial opacity Alabama? Q: Does EPA approve a proposal to performance test, under 40 CFR part 60, A: No. EPA does not approve this use an automated system to distinguish subpart Dc, from three hours to one request under NSPS subpart OOO. between gasoline truck tanks and diesel hour if there are no opacity readings Given the increase in particulate loading truck tanks, under 40 CFR part 60, greater than ten percent during the at the baghouse inlet and the amount of subpart XX, in order to bypass the vapor initial hour of observations on three oil- time elapsed since the last performance recovery unit (VRU) during diesel fired boilers at the RJ Reynolds plant in test, prior test results do not provide loading at the Marathon Ashland Tobaccoville, North Carolina? adequate assurance of compliance for Petroleum (MAP) bulk gasoline terminal A: Yes. EPA approves the request new equipment being added to the in Knoxville, Tennessee? under NSPS subpart Dc based upon the plant. A: Based on the information expectation that there will be a low Abstract for [0500108] submitted, EPA cannot approve the variability in opacity levels when oil is proposed alternative monitoring plan at Q: Does EPA approve the alternative used to fire these boilers. The test this time. However, the concept behind monitoring plan for opacity as proposed duration can be shortened to one hour the proposal has merits. For further for a backup package boiler for for any of the boilers that does not have consideration of the alternative additional steam generation, under 40 individual opacity readings exceeding monitoring plan, MAP must submit to CFR part 60, subpart Db, at the Jefferson 10 percent for each of the 15-second EPA additional information including: Smurfit linerboard mill in Fernadina visible emissions readings taken during A demonstration that volatile organic Beach, Florida? the first hour of observations. compound (VOC) concentrations differ A: No. Although EPA has approved enough between different loading Abstract for [0500105] proposals for the monitoring of opacity scenarios for a continuous monitor to using visible emissions data collection tell when diesel trucks are being loaded; Q: Does EPA approve an alternative instead of using a continuous opacity data regarding VOC monitor response hydrogen sulfide (H S) monitoring 2 monitoring system (COMS), the time; and details regarding the quality proposal, under 40 CFR part 60, subpart proposed alternative monitoring plan assurance/quality control procedures for J, submitted for refinery fuel gas burned includes provisions which are not the continuous monitor. in a reformer furnace at the Air Products acceptable to ensure continuous and Chemicals Catlettsburg, Kentucky compliance. The specific provisions that Abstract for [0500111] hydrogen plant? must be removed from this proposal Q1: Does EPA approve the use of EPA A: Yes. EPA approves under NSPS before it can be approved by EPA Method 22, under 40 CFR part 60, subpart J the proposed H2S alternative include requests for making opacity subpart UU, as an alternative to EPA monitoring plan. The hydrogen sulfide readings only on days when the boiler Method 9 for determining compliance content of the reformer’s fuel gas and operates for more than six hours, and with the opacity standard for mineral fuel gas streams is inherently low, and those provisions that eliminate opacity handling and storage facilities at the Air Products has an economic incentive readings on weekends and holidays. TAMKO Roofing Products plant in Clay to keep these levels low in order to Also, if the company seeks an County, Florida? prevent poisoning the hydrogen exemption from monitoring during A1: No. EPA Method 22 is not an reformer catalyst. periods when weather conditions make acceptable alternative to EPA Method 9 it impractical to collect opacity data, the because it determines the total duration Abstract for [0500106] proposal must be revised to identify the of visible emissions during the test very specific conditions under which period but does not record opacity Q: Does EPA approve an alternative such an exemption could be justified. levels when visible emissions are span value of 70 percent, under 40 CFR present. Therefore, the use of EPA part 60, subpart D, proposed for two hog Abstract for [0500109] Method 22 makes it impossible to fuel boilers at Weyerhaeuser’s Kraft Q: Does EPA approve an alternative determine the magnitude of any pulp mill in Plymouth, North Carolina? monitoring proposal, under 40 CFR part violations under NSPS subpart UU. A: Yes. EPA approves the proposed 60, subparts H, T, U and V, using Q2: Does EPA waive the requirement alternative span value under NSPS English units of measure, rather than to conduct opacity performance testing, subpart J because it will not interfere metric units of measure, for facilities at under 40 CFR part 60, subpart UU, on with the facility’s ability to identify and the U.S. Agri-Chemicals plant in Polk mineral surge tanks and limestone surge report emissions’ exceedances for County, Florida? tanks located inside a building at the opacity as stated in 40 CFR 60.45(g)(1). A: Yes. With regard to NSPS subpart TAMKO Roofing Products plant in Clay In addition, the proposed alternative H; EPA approval for the use of English County, Florida? span value for the hog fuel boilers will units is not required, as the applicable A2: No. EPA denies this waiver improve the overall effectiveness of monitoring provisions in the rule do not request. The applicable opacity standard Weyerhaeuser’s continuous opacity specifically require the use of metric in NSPS subpart UU applies to tanks monitoring systems (COMS) quality units. Although the monitoring located inside a building. EPA Method assurance program by ensuring that all provisions in NSPS subparts T, U, and 9 can be performed inside buildings. five units with COMS at the Plymouth V require that feed rate data be Furthermore, in order to obtain approval mill have the same span value. expressed in metric units (i.e., for an opacity performance test waiver,

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the facility must supply information conveyor belt transfer points if 75 in 40 CFR 60.754(a)(1) for calculating that could be used to demonstrate minutes of EPA Method 22 observations NMOC emission rates are not associated compliance through other means. No indicate that there are no fugitive with GCCS operation. Depending on the such information was provided in this emissions from the building? calculated NMOC emissions rate, the request. A2: Yes. EPA waives the requirement facility may be required to submit a under NSPS subparts Y and OOO to design plan for existing or planned Abstract for [0500112] conduct separate visible emission tests control systems for gas emission within Q: Does EPA approve an alternative for the conveyor belt transfer points a specified timeframe. monitoring proposal, under 40 CFR part because the use of Method 22 to verify 60, subpart A, for maintaining records of that there are no fugitive emissions from Abstract for [0500117] startups, shutdowns, and malfunctions the building offers adequate assurance Q: Does EPA approve a proposal to periods only when there are occurrences of compliance for the facilities inside. conduct monthly oxygen concentration of excess emissions at the Eastman monitoring at the inlet to the flare, Chemical plant in Kingsport, Abstract for [0500115] rather than at each individual well, Tennessee? Q: Does EPA approve a proposed under 40 CFR part 60, subpart CC, at A: Yes. EPA approves this alternative alternative surface methane Onyx Waste Services’ Pecan Road recordkeeping proposal under NSPS concentration monitoring frequency, Landfill in Valdosta, Georgia. general provisions, subpart A, because under 40 CFR part 60, subpart WWW, A: No. EPA does not approve the the primary use for these records is to for a Class III area at the North County proposed alternative monitoring determine the applicability of the Resource Recovery Facility operated by location under NSPS subpart CC provisions in 40 CFR 60.8(c). Thus, the Solid Waste Authority of Palm because it is downstream of the point limiting recording of emissions data at Beach County, Florida? where the gas from all the wells in the this type of facility during periods of A: Yes. EPA approves this alternative collection system combines. No startup, shutdown, and malfunction under NSPS subpart WWW because conclusions regarding the performance only when there are occurrences of methane generation rates in the Class III of individual wells can be drawn from excess emissions is acceptable and area are expected to be low given the the results at this monitoring location. should not affect identifying compliance types of waste (construction demolition In addition, maintaining an oxygen violations. debris, trash, paper, and glass) placed concentration of 5 percent or less at the there, and because no methane was flare inlet will not provide assurance Abstract for [0500113] detected during five successive that all wells comply with subpart CC. Q: Does EPA approve the use of quarterly monitoring periods. However, sensory means (i.e., sight, sound, and as this landfill is still active, the Abstract for [0500118] smell) as an acceptable alternative, condition for this approval is that a Q: Does EPA approve the alternative under 40 CFR part 60, subpart VV, to methane concentration of 250 ppm, opacity monitoring proposed, under 40 using EPA Method 21 for detecting leaks rather than 500 ppm, will be used as a CFR part 60, subpart CC, for two glass from equipment in acetic acid service at trigger for reverting back to a quarterly melting furnaces at the Anchor Glass the Eastman Chemical plant in methane surface monitoring frequency. Company plant in Warner Robbins, Kingsport, Tennessee? Georgia? A: Yes. EPA approves this alternative Abstract for [0500116] A: EPA may approve the proposal if under NSPS subpart VV because prior Q1: Does EPA approve the option for remaining issues can be resolved. monitoring results submitted by the landfill facilities to conduct additional Although the proposal to monitor facility show that the number of leaks Tier 2 testing, under 40 CFR part 60, furnace bridgewall temperature as an identified using sensory methods for subpart WWW, if an annual report alternative to installing a continuous equipment in acetic acid service has indicates that the nonmethane organic opacity monitoring system (COMS) been significantly higher than the compound (NMOC) emission rate under NSPS subpart CC appears number detected using solely EPA calculated with previous Tier 2 results reasonable, there are several issues that Method 21. Also, all of the previous exceeds 50 megagrams/year? need to be resolved before the proposal leaks found using EPA Method 21 A1: Yes. EPA approves this request can be approved. These issues include: would have been detected if only because, as Tier 2 testing is conducted the appropriate margin of compliance sensory methods had been used. every five years and NSPS subpart with the applicable particulate emission WWW requires periodic retesting, it standard if a COMS is not used; the Abstract for [0500114] would be inconsistent and unreasonable possibility that natural gas usage rates Q1: Does EPA approve a reduction in to deny facilities the option of will need to be monitored in addition to the duration of visible emission testing, conducting additional testing that might bridgewall temperatures, and what under 40 CFR part 60, subpart Y, for improve the accuracy of test data. With constitute excess emissions. conveyor belt transfer points at Eastman additional testing, NMOC emission rates Chemical Company’s (Eastman) plant in calculated with new Tier 2 data will be Abstract for [0500119] Kingsport, Tennessee? more representative of current Q: Could EPA clarify whether the A1: Yes. EPA approves the request conditions than results calculated using addition of in-line blending equipment under NSPS subpart Y to shorten the older data. to a loading rack at the Magellan test duration from three hours to one Q2: Does the presence of an existing Midstream Partners (Magellan) bulk hour if no individual readings exceed 20 gas collection and control system gasoline terminal in Greensboro, North percent and no more than three (GCCS) affect NMOC emission rate Carolina, would trigger the requirement individual readings equal 20 percent calculations under 40 CFR part 60, for a retest, under 40 CFR part 60, during the first hour of observations. subpart WWW? subpart XX, on the vapor recovery unit Q2: Does EPA waive the requirement A2: No. The presence of an existing (VRU) that controls emissions during to enter a building and conduct separate GCCS does not affect the NMOC loading? visible emission tests, under 40 CFR emission rate calculations under NSPS A: No. EPA has determined that part 60, subparts Y and OOO, on several subpart WWW. The variables specified adding the in-line blending equipment

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does not automatically trigger VRU capacity to 100 mmBtu/hr and grants a 60-day extension pursuant to 40 retest. The initial VRU test that the eliminating the burning of fuel oil, will CFR 60.8(d). company conducted in February 2000 is reduce the capacity of the boiler and Abstract for [0500126] the only test specifically required for will comply with EPA’s policy on sources subject to NSPS subpart XX. derates. Q: Does EPA approve a span setting Although the Administrator can ask for of 100 ppmv on an outlet continuous Abstract for [0500123] a retest at anytime, EPA does not find emission monitor (CEM), under 40 CFR it necessary to require a new test Q1: Does EPA approve an alternative part 60, subpart J, for the sulfur dioxide following the installation of the in-line monitoring procedure, under 40 CFR (SO2), CEMs for the fluid catalytic blending equipment at Magellan’s part 60, subpart UUU, for a spray tower cracking unit wet gas scrubber (WGS) at Greensboro terminal. Adding the in-line scrubber at the Short Mountain Silica the Shell Oil Products refining facility blending equipment did not increase the Company in Mooresburg, Tennessee? in Deer Park, Texas? number of trucks that can be loaded A1: Yes. EPA approves the proposed A: Yes. EPA approves under NSPS simultaneously at the terminal. Also, alternative under NSPS subpart UUU to subpart JJ the span setting of 100 ppmv there was a significant margin of monitor the scrubbing liquid supply for the WGS outlet SO2 CEMs, as it will compliance during the initial test. pressure and scrubbing liquid flow rate be acceptable with respect to the 50 rather than measuring the pressure loss ppmv rolling seven day average. Abstract for [0500120] of the gas stream through the scrubber Abstract for [0500127] Q: Does EPA approve EPA Method and the scrubbing liquid flow rate. 25A as an alternative to EPA Method 25, Because there is little pressure drop of Q: Does EPA waive continuous under 40 CFR part 60, subpart TT, for the gas stream as it passes through the emission monitor for the hydrogen carbon absorber efficiency testing on a spray tower, pressure drop is not a good sulfide (CEM H2S) stream monitoring, metal coil coating line at the Thermalex indicator of spray tower efficiency. under 40 CFR part 60, subpart J, for the plant in Montgomery, Alabama? Q2: Does EPA waive the requirement, steam methane reformer unit pressure A: Yes. EPA approves EPA Method under 40 CFR part 60, subpart UUU, to swing adsorption (PSA) at Valero’s 25A as an acceptable alternative to EPA conduct a performance test for a rotary Corpus Christi-West Plant, in Corpus Method 25 for control device efficiency dryer which serves as a backup for the Christi, Texas? A: Yes. EPA grants this waiver request testing where VOC concentrations in the fluidized bed dryer at the Short under NSPS subpart J because it has control system exhaust are expected to Mountain Silica Company in determined that no CEM H needs to be be 50 ppm or less. In this case, the VOC Mooresburg, Tennessee? S concentration is expected to be installed for the purpose of monitoring A2: Yes. EPA approves the the H in the off-gas vent streams in the approximately 10 ppm at the carbon performance test waiver under NSPS 2S absorber outlet which is acceptable. PSA routed to the reformer heater. subpart UUU because demonstration of Instead, the alternative parameter will Abstract for [0500121] compliance for the fluidized bed dryer be the total sulfur content of the Q: Does EPA approve as an alternative also shows an acceptable level of combined feed to the sulfur vapor to EPA Method 21, under 40 CFR part compliance assurance for the rotary recovery (SVR) unit. 60, subpart VV, sensory means (i.e.≤, dryer. Abstract for [0500128] sight, sound, smell) to identify leaks Abstract for [0500124] from equipment in acetic acid and/or Q: Does EPA waive continuous acetic anhydride service at the Eastman Q: Does EPA approve the use of emission monitor for the hydrogen nitrogen oxides continuous emission Chemical Company facility in sulfide (CEM H2S) stream monitoring, Kingsport, Tennessee? monitors (NOX CEMs), under 40 CFR under 40 CFR part 60, subpart J, for the A: Yes. EPA approves the proposed part 60, subpart GG, as an alternative to catalytic reformer unit heater fuel gas alternative monitoring under NSPS the four-point load test for gas turbines from fuel gas drums numbers 1 and 2 subpart VV because monitoring results at Cinergy’s South Houston Green (which is a refinery and generates gas provided indicate that leaks from Power Site facility in Houston, Texas? stream) at Valero’s Corpus Christi-West equipment are more easily identified A: Yes. EPA approves the alternative Plant, in Corpus Christi, Texas? through sensory methods than through monitoring proposal under NSPS A: Yes. EPA grants this waiver request EPA Method 21. The physical properties subpart GG, provided that the CEMs for under NSPS subpart J because it has (i.e., high boiling points, high NOX is capable of calculating a one-hour determined that no CEM H2S needs to corrosivity, and low odor threshold) of average NOX emissions concentrations be installed for the purpose of acetic acid and acetic anhydride and the corrected to 15 percent oxygen, and the monitoring the H2S in the off-gas vent process conditions at the facility in facility submits reports of excess streams from fuel gas mixing drum #1 question make sensory means emissions and summary reports. or #2 routed to the reformer heater. preferable. Abstract for [0500125] Instead, the alternative parameter will be the total sulfur content of the Abstract for [0500122] Q: Does EPA approve a 90-day combined feed to the CRU unit. Q: Does EPA approve a boiler derate extension of the performance testing proposal, under 40 CFR part 60, subpart deadline, under 40 CFR part 60, Abstract for [0500129] Db, based on changes made to the subparts A and I, in light of weather Q: Does EPA approve the use of an natural gas burner at North Carolina conditions and material shortages that alternative monitoring plan, under 40 Baptist Hospital in Winston-Salem, made it impossible for the Pavers CFR part 60, subpart J, for the soil vapor North Carolina? Supply facility in Conroe, Texas, to run extraction system (SVE) at Western A: Yes. EPA approves this proposal at full rates? Refining’s facility in El Paso, Texas? under NSPS subpart Db because it has A: No. EPA denies the request for a A: Yes. EPA approves the alternative determined that the proposed derate 90-day extension under NSPS subpart I. monitoring proposal under NSPS method, which includes installing new Concurring with the Texas Commission subpart J to measure H2S content boiler tips limiting the heat input on Environmental Quality (TCEQ), EPA directly at the inlet to the internal

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combustion engine (ICE), which are NSPS subpart RRR, and must maintain Q2: Does EPA approve an alternative components of the SVE system. a schematic diagram for all related reporting of nitrogen oxides (NOX) affected vent streams, collection emissions requirements, under 40 CFR Abstract for [0500130] system(s), fuel systems, control devices, part 60, subpart Db, where the NOX Q: Does EPA approve an alternative and bypass systems as stated in emission limit and excess emissions are monitoring plan, under 40 CFR part 60, 60.705(s). reported on an average ‘‘steam subpart J, for the catalytic reformer 1 generating unit operating day’’ basis, Abstract for [0500133] unit (CR–1) at Motiva Enterprises’ instead of a 30-day average for Shell facility in Norco, Louisiana? The Q: Does EPA approve certain Chemical Company’s facility in company proposes waiving the monitoring, recordkeeping, and Geismar, Louisiana? continuous monitoring system (CMS) reporting provisions of 40 CFR part 60, A2: Yes. EPA approves the alternative requirement for hydrogen sulfide (H2S) subpart RRR, as alternative monitoring reporting plan under NSPS subpart Db, steam monitoring and instead requirements, under 40 CFR part 60, provided that the records for the units monitoring the gas stream using EPA subpart NNN, for DuPont’s facility in La specified in 40 CFR 60.49(b) are guidance on alternative monitoring Porta, Texas? maintained on-site and are available at plans for low sulfur refinery fuel gas A: Yes. EPA conditionally approves the request of any state or Federal streams. use of the proposed provisions in NSPS agency inspector. A: Yes. EPA approves this alternative subpart RRR as an alternative means of monitoring under NSPS subpart J. No demonstrating compliance under NSPS Abstract for [M050047] CMS needs to be installed for the subpart NNN. As conditions of Q: Does EPA consider the C–12 purpose of monitoring the H2S in the approval, the facility must comply with process area of INVISTA’s Victoria Plant make gas stream to the unit’s heaters. the recordkeeping and reporting and its component chemical Instead, H2S concentrations will be requirements for flow indicators in manufacturing process units (CMPUs) monitored using detection tubes. This NSPS subpart RRR, and must maintain subject to 40 CFR part 63, subpart H, the determination is subject to the a schematic diagram for all related HON rule? conditions set forth in the stipulated affected vent streams, collection A: No. As none of these units qualify guidance in EPA’s letters to Koch Fuels systems, fuel systems, control devices, for regulation under both 40 CFR on December 2, 1999 and February 13, and bypass systems as stated in 40 CFR 63.100(b) and 40 CFR 63.100(b)(1)–(2), 2001 (see ADI Control Numbers 60.705(s). the only way likely for the C–12 process 0500137 and 0100037). area to qualify for regulation under 40 Abstract for [0500134] CFR 63.100 would be to conflate all Abstract for [0500131] Q: Does EPA approve an alternative CMPUs into a single CMPD. Since these Q: Does EPA approve an alternative performance specification procedure, units are not conflated into a single monitoring for the hydrogen generation under 40 CFR part 60, subpart B, CMPD unit, these units are not subject unit (HGU) torvex catalytic converter, allowing the use of seven consecutive to the HON Rule. This finding is under 40 CFR part 60, subpart J, at unit operating days instead of seven consistent with a previous Motiva Enterprises’ facility in Convent, consecutive calendar days for the determination, ADI Control Number Louisiana? calibration drift test period at M960028. A: Yes. EPA approves this alternative Cottonwood Energy’s facility in monitoring under NSPS subpart J. No Deweyville, Texas? Abstract for [0500136] CEM needs to be installed for the A: Yes. EPA conditionally approves Q1: Does 40 CFR part 60, subpart purpose of monitoring the H2S in the the use under NSPS subpart B of seven NNN, apply to the SP–1 and SP–2 H2S Concentration Column overhead consecutive operating days for the distillation units at INVISTA’s Victoria vent stream. Instead, the H2S calibration drift test period, based on Plant? concentration will be measured daily previous EPA determinations and A1: No. Since the SP–1 and SP–2 using detection tubes, with ranges and guidance that a seven consecutive units produce no products, by-products, frequency as set forth in the stipulated operating day test is more stringent than or co-products, or intermediates listed guidance in EPA’s letters to Koch Fuels a seven consecutive calendar day test. in 40 CFR 60.667, NSPS subpart NNN on December 2, 1999 and February 13, As a condition of this approval, if the does not apply to these two units. 2001 (see ADI Control Numbers continuous monitoring system CMS Q2: Does 40 CFR part 60, subpart 0500137 and 0100037). fails the seventh day test, the facility NNN, apply to a concentrated water will repeat the entire test. wash (CWW) system at INVISTA’s Abstract for [0500132] Victoria Plant? Q: Does EPA approve certain Abstract for [0500135] A2: Yes. Since the CWW vents into monitoring, recordkeeping, and Q1: Does EPA approve alternative the atmosphere, it is subject to NSPS reporting provisions of 40 CFR part 60, monitoring, recordkeeping, and subpart NNN. subpart RRR, as alternative monitoring reporting requirements, under 40 CFR requirements, under 40 CFR part 60, part 60, subpart Db, for a cogeneration Abstract for [0500137] subpart NNN, for DuPont’s Sabine River unit at Shell Chemical Company’s Q1: How does 40 CFR part 60, subpart Works facility in Orange County, Texas? facility in Geismar, Louisiana J, apply to the fuel gas combustion A: Yes. EPA conditionally approves commensurate with past devices (FGCDs) and fuel gases involved use of the proposed provisions in NSPS determinations? with operations at Koch Refining’s subpart RRR as an alternative means of A1: No. EPA does not approve the Rosemount, Minnesota, refinery? demonstrating compliance under NSPS alternative monitoring plan under NSPS A1: NSPS subpart J apply to an subpart NNN for the specified subpart Db because the determination affected FGCD if the device combusts a distillation unit. As conditions of letter (ADI Control Number PS15), ‘‘fuel gas,’’ that is, any gas that is approval, the facility must comply with referenced in Shell’s proposal, does not generated at a petroleum refinery. To the recordkeeping and reporting apply to the fuel records required by 40 control sulfur oxide (SOX) emissions requirements for flow indicators in CFR 60.49b. into the atmosphere from affected

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FGCDs, NSPS subpart J limits the Dated: April 10, 2006. technical aspects of issues related to air amount of hydrogen sulfide (H2S) Michael M. Stahl, quality criteria and national ambient air allowed in the fuel gas burned in these Director, Office of Compliance. quality standards (NAAQS) under devices. Except for fuel gas released to [FR Doc. 06–3808 Filed 4–21–06; 8:45 am] sections 108 and 109 of the Act. The a flare as a result of relief valve leakage BILLING CODE 6560–50–P CASAC is a Federal advisory committee or other emergency malfunctions, a chartered under the Federal Advisory facility may not burn fuel gas containing Committee Act (FACA), as amended, 5 U.S.C., App. The CASAC Ozone Review greater than 230 mg/dscm of H2S in any ENVIRONMENTAL PROTECTION affected FGCD. AGENCY Panel, which consists of the members of the chartered CASAC supplemented by Q2: How does the process upset gas [FRL–8161–3] subject-matter-experts, complies with exemption of 40 CFR part 60, subpart J, the provisions of FACA and all apply to the flare gas recovery system in Science Advisory Board Staff Office; Clean Air Scientific Advisory appropriate SAB Staff Office procedural operation at Koch Refining’s Committee (CASAC); Notification of a policies. Rosemount, Minnesota, refinery? Under section 108 of the CAA, the Public Advisory Committee Meeting Agency is required to establish National A2: The process upset gas exemption (Teleconference) of the CASAC Ozone Ambient Air Quality Standards under NSPS subpart J applies only to Review Panel extraordinary, infrequent, and not (NAAQS) for each of six pollutants for which EPA has issued criteria, reasonably preventable upsets. Any AGENCY: Environmental Protection including ambient ozone (O ). Section gases released as a result of normal Agency (EPA). 3 ACTION: Notice. 109(d) of the Act subsequently requires operations are not considered upset periodic review and, if appropriate, gases. The routine combustion of SUMMARY: The Environmental Protection revision of existing air quality criteria refinery gases in a FGCD, including Agency (EPA or Agency) Science and NAAQS to reflect advances in flares and other waste gas disposal Advisory Board (SAB) Staff Office scientific knowledge on the effects of devices, do not qualify for the process announces a public teleconference of the pollutant on public health and upset gas exemption of the rule. Based the Clean Air Scientific Advisory welfare. The Ozone Panel met in a on the background information of the Committee (CASAC) Ozone Review public meeting in Durham, North rule, the term upset does not apply to Panel (Ozone Panel) to provide Carolina on December 6–7, 2005, to normal operations. Therefore, the rule additional advice to the Agency conduct a peer review on EPA’s 2nd exempts the combustion of process concerning Chapter 8 (Integrative draft Air Quality Criteria for Ozone and upset gases in a FGCD, including the Synthesis) of the Final Air Quality Related Photochemical Oxidants combustion in a flare of fuel gas that is Criteria for Ozone and Related (August 2005). In a February 10, 2006, released to the flare as a result of relief Photochemical Oxidants (EPA/600/R– letter to the Administrator (EPA– valve leakage or other emergency 05/004aF–cF, February 2006). CASAC–06–003), the CASAC indicated malfunction. However, the combustion/ DATES: The teleconference will be held that it may need to provide additional flaring of those exempted gases in an on May 12, 2006, from 1 to 4 p.m. advice related to chapter 8 of the AQCD NSPS affected FGCD is still required to (Eastern Time). which integrates human health effects and exposure. The CASAC’s review of comply with the good air pollution FOR FURTHER INFORMATION CONTACT: Any the 2nd draft is available on the SAB control practices of 40 CFR 60.11(d), member of the public who wishes to obtain the teleconference call-in number Web site at: http://www.epa.gov/sab/ even when such FGCDs are exempt from pdf/oasac_ozone_casac-06–003.pdf. the sulfur dioxide limit. and access code; would like to submit written or brief (less than five minutes) On March 21, 2006, EPA’s National Q3: How does NSPS subpart J apply oral comments; or wants further Center for Environmental Assessment, Research Triangle Park to the various gas streams Koch information concerning this (NCEA–RTP), released the Final Refining’s Rosemount, Minnesota, teleconference, must contact Mr. Fred O AQCD. Concomitantly, EPA’s Office refinery? Butterfield, Designated Federal Officer 3 of Air Quality Planning and Standards A3: EPA has analyzed the 26 gas (DFO), EPA Science Advisory Board (OAQPS) is completing work on a 2nd (1400F), U.S. Environmental Protection streams identified at the Koch Refining draft of A Review of the National Agency, 1200 Pennsylvania Avenue, facility and has provided a finding for Ambient Air Quality Standards for NW., Washington, DC 20460; via each of these streams based on the Ozone: Policy Assessment of Scientific telephone/voice mail: (202) 343–9994; Agency’s responses in A1 and A2, and Technical Information. The latter fax: (202) 233–0643; or e-mail at: above. document evaluates the policy [email protected]. General Abstract for [0500138] implications of the scientific information concerning the CASAC or information in the Final O AQCD, and the EPA SAB can be found on the EPA 3 Q: Does EPA approve an alternative the results of the quantitative risk/ Web site at URL: http://www.epa.gov/ monitoring plan, under 40 CFR, part 60, exposure analysis. CASAC will hold a sab. subpart J, for fuel gases and fuel gas conference call to provide additional combustion devices (FGCDs) at Koch SUPPLEMENTARY INFORMATION: advice to the Agency as it works to Refining’s Rosemount, Minnesota, Background: The CASAC, which is complete the 2nd Draft NAAQS for O3. refinery? comprised of seven members appointed Availability of Meeting Materials: The by the EPA Administrator, was Final O3 AQCD can be accessed via the A: No. Based on the information established under section 109(d)(2) of Agency’s NCEA Web site at: http:// submitted, EPA does not approve the the Clean Air Act (CAA or Act) (42 cfpub.epa.gov/ncea/cfm/ proposed alternative monitoring plan U.S.C. 7409) as an independent recordisplay.cfm?deid=149923. Any for fuel gases and FGCDs since it needs scientific advisory committee, in part to questions concerning the Final O3 to provide for good air pollution control provide advice, information and AQCD should be directed to Dr. Mary practices to minimize flaring events. recommendations on the scientific and Ross, NCEA–RTP, at phone: (919) 541–

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5170, or e-mail: [email protected]. In FEDERAL COMMUNICATIONS Title: Part 101, Governing the addition, a copy of the draft agenda for COMMISSION Terrestrial Microwave Fixed Radio this teleconference meeting will be Service. posted on the SAB Web site at: http:// Notice of Public Information Form No.: N/A. www.epa.gov/sab (under the ‘‘Agendas’’ Collection(s) Being Submitted for Type of Review: Revision of a subheading) in advance of this Ozone Review to the Office of Management currently approved collection. Panel meeting. Other meeting materials, and Budget Respondents: Business or other for- profit., not-for-profit institutions, and including the discussion questions for April 14, 2006. the Ozone Panel, will be posted on the state, local or tribal government. SUMMARY: The Federal Communications SAB Web site at: http://www.epa.gov/ Number of Respondents: 10,000 Commission, as part of its continuing respondents; 6,364 responses. sab/panels/casacorpanel.html prior to effort to reduce paperwork burden Estimated Time per Response: .25–3 this teleconference. invites the general public and other hours. Procedures for Providing Public Input: Federal agencies to take this Frequency of Response: On occasion Interested members of the public may opportunity to comment on the and every 10 year reporting submit relevant written or oral following information collection(s), as requirements, recordkeeping information for the CASAC Ozone required by the Paperwork Reduction requirement and third party disclosure Review Panel to consider during the Act (PRA) of 1995, Public Law 104–13. requirement. advisory process. Oral Statements: In An agency may not conduct or sponsor Total Annual Burden: 36,585 hours. general, individuals or groups a collection of information unless it Total Annual Cost: $474,000. requesting an oral presentation at a displays a currently valid control Privacy Act Impact Assessment: N/A. teleconference meeting will be limited number. No person shall be subject to Needs and Uses: The Commission is to five minutes per speaker, with no any penalty for failing to comply with submitting this information collection to more than a total of 30 minutes for all a collection of information subject to the OMB as a revision in order to obtain the Paperwork Reduction Act (PRA) that speakers. Interested parties should full three-year clearance from them. Part does not display a valid control number. contact Mr. Butterfield, DFO (preferably 101 requires various information to be Comments are requested concerning (a) filed and maintained by the respondent via e-mail) at the contact information Whether the proposed collection of to determine the technical, legal and noted above, no later than May 5, 2006, information is necessary for the proper other qualifications of applications to to be placed on the public speaker list performance of the functions of the operate a station in the public and for this meeting. Written Statements: Commission, including whether the private operational fixed services. The Written statements should be received information shall have practical utility; information is also used to determine in the SAB Staff Office by May 5, 2006, (b) the accuracy of the Commission’s whether the public interest, so that the information may be made burden estimate; (c) ways to enhance convenience, and necessity are being available to the Ozone Panel for their the quality, utility, and clarity of the served as required by 47 U.S.C. 309. The consideration prior to this meeting. information collected; and (d) ways to Commission staff also uses this Written statements should be supplied minimize the burden of the collection of information to ensure that applicants to the DFO in the following formats: information on the respondents, and licensee comply with ownership One hard copy with original signature, including the use of automated and transfer restrictions imposed by 47 and one electronic copy via e-mail collection techniques or other forms of U.S.C. 310. The Appendix attached to (acceptable file format: Adobe Acrobat information technology. the OMB submission lists the rules in PDF, WordPerfect, MS Word, MS DATES: Written Paperwork Reduction Part 101 that impose reporting, PowerPoint, or Rich Text files in IBM- Act (PRA) comments should be recordkeeping and third party PC/Windows 98/2000/XP format). submitted on or before May 24, 2006. If disclosure requirements. The Accessibility: For information on you anticipate that you will be Commission revised this information collection to remove Part 101 rule access or services for individuals with submitting PRA comments, but find it sections that have no PRA implications. disabilities, please contact Mr. difficult to do so within the period of The total annual burden hours and costs Butterfield at the phone number or e- time allowed by this notice, you should have been modified accordingly. mail address noted above, preferably at advise the contact listed below as soon least ten days prior to the meeting, to as possible. Federal Communications Commission. give EPA as much time as possible to ADDRESSES: Direct all Paperwork Marlene H. Dortch, process your request. Reduction Act (PRA) comments to Secretary. Judith B. Herman, Federal [FR Doc. E6–6082 Filed 4–21–06; 8:45 am] Dated: April 18, 2006. Communications Commission, Room 1– BILLING CODE 6712–01–P Anthony Maciorowski, C804, 445 12th Street, SW., DC 20554 or Associate Director for Science, EPA Science an e-mail to [email protected]. If you would Advisory Board Staff Office. like to obtain or view a copy of this DEPARTMENT OF HEALTH AND [FR Doc. E6–6103 Filed 4–21–06; 8:45 am] information collection, you may do so HUMAN SERVICES BILLING CODE 6560–50–P by visiting the FCC PRA Web page at: http://www.fcc.gov/omd/pra. Administration for Children and FOR FURTHER INFORMATION CONTACT: For Families additional information or copies of the Proposed Information Collection information collection(s), contact Judith Activity; Comment Request B. Herman at 202–418–0214 or via the Internet at [email protected]. Proposed Projects SUPPLEMENTARY INFORMATION: Title: Refugee Unaccompanied Minor OMB Control No.: 3060–0718. Placement Report (ORR–3); Refugee

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Unaccompanied Minor Progress Report minor program. The ORR–3 (Placement termination from the program. The (ORR–4). Report) is submitted to the Office of ORR–4 (Progress Report) is submitted OMB No.: 0970–0034. Refugee Resettlement (ORR) by the annually and records the child’s Description: The two reports will service provider agency at initial progress toward the goals listed in the collect information necessary to placement and whenever there is a child’s case plan. administer the refugee unaccompanied change in the child’s status, including Respondents: State governments.

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours

ORR–3 ...... 12 15 .417 75 ORR–4 ...... 12 60 .250 180

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND began using subsidies and will be asked Hours: 255 HUMAN SERVICES to participate in the study. If they agree, In compliance with the requirements a 45-minute telephone interview will Administration for Children and ensue immediately or will be scheduled. of section 3506(c)(2)(A) of the Families Paperwork Reduction Act of 1995, the It is expected that, after the nine Administration for Children and months, over half of the families will no Submission for OMB Review; longer be using subsidies. Patterns of Families is soliciting public comment Comment Request subsidy use prior to and during the on the specific aspects of the study period will be tracked through information collection described above. Title: Follow-Up Study of Issues State administrative data. Copies of the proposed collection of Affecting the Duration of Child Care Subsidy Use. information can be obtained and The parent telephone interview will OMB No.: New Collection. include questions about parents’ comments may be forwarded by writing Description: Child care subsidies employment, subsidy status and to the Administration for Children and provide an important benefit to low- experience, child care usage, and Families, Office of Administration, income working families, offering them changes in household composition over Office of Information Services, 370 increased access to forms of child care the nine-month period. Although the L’Enfant Promenade, SW., Washington, that would otherwise be beyond their analyses will rely heavily on DC 20447, Attn: ACF Reports Clearance means. However, recent research identification of trigger events, the Officer, E-mail address: suggests that, for many families, this survey will include questions about [email protected]. All requests benefit may be short-lived or unstable. other less tangible considerations that should be identified by the title of the There are many possible explanations may have influenced the duration of information collection. for these patterns, and the explanations parents subsidy use. Telephone The Department specifically requests may be different for different types of interviews will be conducted using comments on: (a) Whether the proposed families. Recognizing that information Computer-Assisted-Telephone collection of information is necessary about the reasons for short subsidy Interviewing (CATI). Responses are for the proper performance of the duration would be helpful to States, the voluntary and confidential. Child Care Bureau has funded Abt functions of the agency, including The study will also analyze State Associates Inc. to conduct a two-State whether the information shall have administrative data on all families who investigative study on the duration and practical utility; (b) the accuracy of the are approved for subsidies during the use of child care subsidies. This study recruitment period for the study. This agency’s estimate of the burden of the will, in the short term, provide States will allow researchers to assess the proposed collection of information; (c) with information to shape or modify generalizability of the sub-sample of the quality, utility, and clarity of the their child care subsidy procedures. In families who are recruited for the in- information to be collected; and (d) addition, the study will generate depth telephone interview; this sub- ways to minimize the burden of the hypotheses that could be systematically collection of information on tested in later research. sample consists of approximately 840 respondents, including through the use The study will examine the use of families in each State. of automated collection techniques or child care subsidies by 840 families in No existing data sources can provide other forms of information technology. Illinois and 840 in Oregon. In each all the information needed to complete Consideration will be given to State, the sample will be a the Follow-Up Study of Issues Affecting comments and suggestions submitted representative sample of current the Duration of Child Care Subsidy Use. within 60 days of this publication. Temporary Assistance for Needy These data will help the Child Care Bureau and States to better understand Dated: April 17, 2006. Families (TANF) families and non- TANF families—all of whom apply and reasons for short child care subsidy Robert Sargis, are approved for subsidies and who use duration. Reports Clearance Officer. them for at least one month. Families Respondents: The sample includes [FR Doc. 06–3821 Filed 4–21–06; 8:45 am] will be contacted by telephone 840 families in Illinois and 840 in BILLING CODE 4184–01–M approximately nine months after they Oregon.

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ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours

Illinois parent survey ...... 840 1 .75 630 Oregon parent survey ...... 840 1 .75 630

Estimated Total Annual Burden be sent directly to the following: Office OMB No.: 0970–0204. Hours: 1,260 of Management and Budget, Paperwork Description: On an annual basis, Additional Information: Copies of the Reduction Project, Attn: Desk Officer for States must provide OCSE with data on proposed collection may be obtained by ACF. E-mail address: _ _ programs that the Grants to States for writing to the Administration for Katherine T. [email protected]. Access and Visitation Program has Children and Families, Office of Dated: April 17, 2006. funded. These program reporting Administration, Office of Information Robert Sargis, requirements include, but are not Services, 370 L’Enfant Promenade, SW., Reports Clearance Officer. limited to, the collection of data on the Washington, DC 20447, Attn: ACF [FR Doc. 06–3822 Filed 4–21–06; 8:45 am] number of parents served, types of Reports Clearance Officer. All requests BILLING CODE 4184–01–M services delivered, program outcomes, should be identified by the title of the client socio-economic data, referral information collection. E-mail address: sources, and other relevant data. [email protected]. DEPARTMENT OF HEALTH AND Respondents: State Child Access and OMB Comment: OMB is required to HUMAN SERVICES make a decision concerning the Visitation Programs and State and/or collection of information between 30 Administration for Children and local service providers. and 60 days after publication of this Families document in the Federal Register. Submission for OMB Review; Therefore, a comment is best assured of Comment Request having its full effect if OMB receives it within 30 days of publication. Written Title: Grants to States for Access and comments and recommendations for the Visitation: State Child Access Program proposed information collection should Survey.

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours

State Child Access Program Survey ...... 324 1 15 4,860

Estimated Total Annual Burden ACF, E-mail address: Register of April 17, 2003 (68 FR Hours: 4,860. [email protected]. 18992). The document announced that Additional Information: Copies of the Dated: April 17, 2006. FDA had determined the regulatory proposed collection may be obtained by Robert Sargis, review period for FASLODEX. A request writing to the Administration for for revision of regulatory review period Reports Clearance Officer. Children and Families, Office of was filed for the product on June 16, Administration, Office of Information [FR Doc. 06–3823 Filed 4–21–06; 8:45 am] 2003. FDA reviewed its records and Services, 370 L’Enfant Promenade, SW., BILLING CODE 4184–01–M found that the effective date of the Washington, DC 20447, Attn: ACF investigational new drug application Reports Clearance Officer. All requests (IND) was incorrect due to a clerical DEPARTMENT OF HEALTH AND should be identified by the title of the error. Therefore, FDA is revising the HUMAN SERVICES information collection. E-mail address: determination of the regulatory review [email protected]. Food and Drug Administration period to reflect the correct effective OMB Comment: OMB is required to date for the IND. make a decision concerning the [Docket No. 2003E–0030] FOR FURTHER INFORMATION CONTACT: collection of information between 30 Claudia V. Grillo, Office of Regulatory and 60 days after publication of this Determination of Regulatory Review Policy (HFD–13), Food and Drug document in the Federal Register. Period for Purposes of Patent Administration, 5600 Fishers Lane, Therefore, a comment is best assured of Extension; FASLODEX; Correction Rockville, MD 20857, 240–453–6681. having its full effect if OMB receives it AGENCY: Food and Drug Administration, within 30 days of publication. Written HHS. SUPPLEMENTARY INFORMATION: In FR Doc. 03–9536, appearing on page 18992 in comments and recommendations for the ACTION: Notice; correction. proposed information collection should the Federal Register of April 17, 2003, be sent directly to the following: Office SUMMARY: The Food and Drug the following corrections are made: of Management and Budget, Paperwork Administration (FDA) is correcting a 1. On page 18992, in the second Reduction Project, Attn: Desk Officer for notice that appeared in the Federal column, in the second complete

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paragraph, in the third line, ‘‘1,935’’ is Reports Clearance Officer on (240) 276– information about the facility (name and corrected to read ‘‘1,938’’; in the fourth 1243. state) and the person completing the line, ‘‘1,541’’ is corrected to read Comments are invited on: (a) Whether questionnaire (name, title, phone ‘‘1,544’’. the proposed collections of information number, if participated in NETI training 2. On page 18992, in the second are necessary for the proper and what NETI training participated in); column, in the third complete performance of the functions of the Section II collects information about the agency, including whether the paragraph, beginning in the fourth line, type of facility or program that received information shall have practical utility; ‘‘January 8, 1997’’ is corrected to read the NETI training; Section III collects (b) the accuracy of the agency’s estimate ‘‘January 5, 1997’’; and the last two information about the types of persons of the burden of the proposed collection sentences are corrected to read: ‘‘FDA served by the facility or program; and of information; (c) ways to enhance the has verified the applicant’s claim that Sections IV though IX collect quality, utility, and clarity of the the date the investigational new drug information about the strategies taught information to be collected; and (d) application became effective was on in the NETI training (Leadership, S/R ways to minimize the burden of the January 5, 1997.’’ Prevention and Reduction Tools, Use of collection of information on S/R Data and Statistics, Staffing/ Dated: March 22, 2006. respondents, including through the use Workforce Development, Consumer/ Jane A. Axelrad, of automated collection techniques or Stakeholder Involvement, Barriers and Associate Director for Policy, Center for Drug other forms of information technology. Facilitators and other comments), Evaluation and Research. Proposed Project: The National specifically what strategies or changes [FR Doc. E6–6083 Filed 4–21–06; 8:45 am] Executive Training Institutes To Reduce were implemented before the NETI BILLING CODE 4160–01–S the Use of Seclusion and Restraint— training, which were implemented after NEW the NETI training, and which have not been implemented. The Center for Mental Health Services DEPARTMENT OF HEALTH AND Among the data to be collected HUMAN SERVICES within the Substance Abuse and Mental Health Services Administration through the NETI Survey is information Substance Abuse and Mental Health proposes to survey the recipients of the about the strategies taught in the NETI Services Administration training and technical assistance training for reducing the use of provided through the National seclusion and restraint and adopting Agency Information Collection Technical Assistance Center’s (NTAC) alternative practices. The NETI training Activities: Proposed Collection; National Executive Training Institutes has been accepted as a promising and Comment Request (NETI). The NETI was established to best practice for reducing the use of assist states in the reduction and seclusion and restraint, and as being on In compliance with Section elimination of seclusion and restraint the evidence-based practices ladder. 3506(c)(2)(A) of the Paperwork (S&R). Six Regional NETI training Current efforts are underway to move Reduction Act of 1995 concerning events took place in 2003 and 2005. A the NETI training up the evidence-based opportunity for public comment on total of 47 states and staff of 80 facilities ladder to an effective practice. The use proposed collections of information, the were involved in the trainings. A NETI of evidence-based practices is one of the Substance Abuse and Mental Health Survey was developed to identify the domains in the SAMHSA National Services Administration (SAMHSA) impact of the training on the Outcome Measures (NOMs). will publish periodic summaries of implementation of strategies for the Respondents will have the option of proposed projects. To request more reduction of seclusion and restraint and completing a paper or on-line version of information on the proposed projects or adoption of alternative practices. the survey. The estimated annual to obtain a copy of the information The NETI Survey is broken into 9 response burden to collect this collection plans, call the SAMHSA sections: Section I collects general information is as follows:

Burden/ Annual Number of facilities Responses response burden per facility (hours) (hours)

80 ...... 1 1.50 120

Send comments to Summer King, DEPARTMENT OF HOMELAND ACTION: General notice. SAMHSA Reports Clearance Officer, SECURITY Room 7–1044, One Choke Cherry Road, SUMMARY: Pursuant to section 641 of the Rockville, MD 20857. Written comments Bureau of Customs and Border Tariff Act of 1930, as amended, (19 should be received within 60 days of Protection U.S.C. 1641) and the Customs this notice. Notice of Cancellation of Customs Regulations (19 CFR 111.51), the Dated: April 13, 2006. Broker License following Customs broker licenses are Anna Marsh, cancelled without prejudice. Director, Office of Program Services. AGENCY: Bureau of Customs and Border [FR Doc. E6–6056 Filed 4–21–06; 8:45 am] Protection, U.S. Department of BILLING CODE 4162–20–P Homeland Security.

Name License No. Issuing port

M.G. Otero Co., Inc ...... 12722 Los Angeles. Bernard M. Vas ...... 4463 San Francisco.

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Name License No. Issuing port

Dan Lofgren ...... 22176 San Francisco. CCF International, Inc ...... 20340 Dallas. Alexander H. Foster ...... 13498 Los Angeles. Exim Solutions, Inc ...... 21876 Los Angeles. Jose Astengo, Jr ...... 3954 San Francisco. Dominion International, Inc ...... 14096 Norfolk. Duty Refund Services ...... 14364 Detroit. Pro-Log Services, Inc ...... 21068 Houston.

Dated: April 13, 2006. information to: (1) Evaluate whether the approving conditional use permits; and Jayson P. Ahern, proposed collection of information is (4) determine what restrictions and/or Assistant Commissioner, Office of Field necessary for the proper performance of design standards communities place on Operations. the functions of the agency, including manufactured housing. [FR Doc. E6–6111 Filed 4–21–06; 8:45 am] whether the information will have OMB Approval Number: Pending. BILLING CODE 9111–14–P practical utility; (2) Evaluate the Agency form numbers: None. accuracy of the agency’s estimate of the Members of the Affected Public: burden of the proposed collection of Planning directors or building officials. information; (3) Enhance the quality, Estimation of the total number of DEPARTMENT OF HOUSING AND hours needed to prepare the information URBAN DEVELOPMENT utility, and clarity of the information to be collected; and (4) Minimize the collection including number of [Docket No. FR–5043–N–03] burden of the collection of information respondents, frequency of response, and on those who are to respond; including hours of response: 250 planning Notice of Proposed Information through the use of appropriate directors or building officials will be Collection for Public Comment: The automated collection techniques or surveyed through a mailed survey. Survey of Manufactured Housing other forms of information technology Average time to complete the mailed Regulations (e.g., permitting electronic submission survey will be 10 minutes. Respondents AGENCY: Office of the Policy of responses). will be contacted a maximum of three Development and Research, HUD. This Notice also lists the following times (an initial mailing, a follow up postcard reminder two weeks following ACTION: Notice. information: Title of Proposal: Survey of the initial mailing, and a second mailing SUMMARY: The proposed information Manufactured Housing Regulations. two weeks following the postcard collection requirement described below Description of the need for the reminder if no response has been will be submitted to the Office of information and proposed use: This received). Total burden hours are 42 for Management and Budget (OMB) for request is for the clearance of a survey the initial mailed survey (no additional review, as required by the Paperwork instrument designed to measure the time will be required as a result of Reduction Act. The Department is degree to which local and state follow up measures). soliciting public comments on the regulations affect the placement of Status of the proposed information subject proposal. manufactured housing (HUD-code collection: Pending OMB approval. DATES: Comments Due Date: June 23, homes) in Community Development Authority: Section 3506 of the Paperwork 2006. Block Grant (CDBG) eligible Reduction Act of 1995, 44 U.S.C. Chapter 35, communities. The survey instrument or as amended. ADDRESSES: Interested persons are questionnaire will be mailed to local invited to submit comments regarding Dated: April 12, 2006. planning directors or building officials Harold L. Bunce, this proposal. Comments should refer to and is designed to be self-administered. the proposal by name and/or OMB Deputy Assistant Secretary for Economic The universe will consist of a random Affairs. Control number and should be sent to: sample of CDBG eligible communities [FR Doc. 06–3837 Filed 4–21–06; 8:45 am] Reports Liaison Officer, Office of Policy across the nation that are in the mid Development and Research, Department categories of the regulatory severity BILLING CODE 4210–67–M of Housing and Urban Development, score (communities that can be 451 7th Street, SW., Room 8226, considered in a grey-zone where there is Washington, DC 20410–6000. DEPARTMENT OF HOUSING AND greater latitude for interpretation of URBAN DEVELOPMENT FOR FURTHER INFORMATION CONTACT: Mr. regulations). The questionnaire is Edwin Stromberg, (202) 708–4370, designed to provide qualitative [Docket No. FR–5038–N–02] extension 5727, for copies of the information on the implementation and proposed forms and other available interpretation of local manufactured Notice of Proposed Information documents. (This is not a toll-free housing regulations. The purpose of the Collection: Comment Request Annual number). survey is to: (1) Gauge an understanding Progress Report (APR) for Competitive SUPPLEMENTARY INFORMATION: The of what extent and what metropolitan Homeless Assistance Programs Department will submit the proposed jurisdictions allowed manufactured AGENCY: Office of the Assistant information collection to OMB for homes in their communities; (2) Secretary for Community Planning and review, as required by the Paperwork ascertain how regulations and specific Development, HUD. Reduction Act of 1995 (44 U.S.C. barriers affect the placement of ACTION: Notice. Chapter 35, as amended). This Notice is manufactured housing; (3) identify the soliciting comments from members of extent to which various regulations SUMMARY: The proposed information the public and affected agencies allow interpretation by the planning collection requirement described below concerning the proposed collection of commission or the local board will be submitted to the Office of

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Management and Budget (OMB) for Reduction Act of 1995 (44 U.S.C. Title of Proposal: Annual Progress review, as required by the Paperwork Chapter 35 as Amended). Report (APR) for Competitive Homeless Reduction Act. The Department is This Notice is soliciting comments Assistance Programs. soliciting public comments on the from members of the public and affected OMB Control Number, if applicable: agencies concerning the proposed subject proposal. 2506–0145. collection of information to: (1) Evaluate DATES: Comments Due Date: June 23, whether the proposed collection of Description of the need for the 2006. information is necessary for the proper Information and proposed use: The ADDRESSES: Interested persons are performance of the functions of the Annual Progress Report (APR) tracks invited to submit comments regarding agency, including whether the competitive homeless assistance this proposal. Comments should refer to information will have practical utility; program progress and is used to provide the proposal by name and/or OMB (2) Evaluate the accuracy of the agency’s grant recipients and HUD with Control Number and should be sent to: estimate of the burden of the proposed information necessary to assess program Shelia Jones, Reports Liaison Officer, collection of information; (3) Enhance and grantee performance. Department of Housing Urban and the quality, utility, and clarity of the Agency form numbers, if applicable: Development, 451 7th Street, SW., information to be collected; and (4) HUD–40118. Minimize the burden of the collection of Room 7232, Washington, DC 20410. Members of affected public: Grantees information on those who are to FOR FURTHER INFORMATION CONTACT: respond; including through the use of that have received HUD funding from Robyn Raysor (202) 708–2140, Ext. 4891 appropriate automated collection 1987 to the present. (this is not a toll-free number). techniques or other forms of information Estimation of the total numbers of SUPPLEMENTARY INFORMATION: The technology, e.g., permitting electronic hours needed to prepare the Department will submit the proposed submission of responses. Information collection including information collection to OMB for This Notice also lists the following number of respondents, frequency Of review, as required by the Paperwork information: response, and hours of response:

Frequency of Activity Number of response Response Burden respondents (annually) hours hours

Record-keeping ...... 6,000 1 33 198,000 Report preparation ...... 6,000 1 8 48,000

Total ...... 246,000

Status of the proposed information developing, constructing, and human facsimile: 404/679–7081; or Sandra collection: Information is currently occupancy of a two-condominium Sneckenberger, Field Office Project being collected. beachfront complex on Perdido Key in Manager, at the Panama City address in Authority: The Paperwork Reduction Act Escambia County, Florida (Projects). ADDRESSES, or at 850/769–0552, ext. of 1995, 44 U.S.C. Chapter 35, as amended. The Applicants’ Habitat Conservation 239. Plan (HCP) describes the mitigation and SUPPLEMENTARY INFORMATION: We Pamela H. Patenaude, minimization measures proposed to Assistant Secretary for Community Planning announce applications for ITPs and the address the effects of both Projects to availability of the HCP and EA. The EA and Development. the Perdido Key beach mouse. [FR Doc. E6–6090 Filed 4–21–06; 8:45 am] is an assessment of the likely DATES: Written comments on the ITP environmental impacts associated with BILLING CODE 4210–67–P application, EA, and HCP should be these Projects. Copies of these sent to the Service’s Regional Office (see documents may be obtained by making ADDRESSES) and should be received on a request, in writing, to the Regional DEPARTMENT OF THE INTERIOR or before June 23, 2006. Office (see ADDRESSES). This notice is ADDRESSES: Persons wishing to review provided pursuant to section 10 of the Fish and Wildlife Service the application, EA, and HCP may Act (16 U.S.C. 1531 et seq.) and obtain a copy by writing the Service’s National Environmental Policy Act Receipt of Two Applications for Southeast Regional Office, Atlanta, Incidental Take Permits for Two regulations at 40 CFR 1506.6. Georgia. Please reference permit number We specifically request information, Beachfront Developments in Escambia TE122397–0 and TE122398–0 in such County, FL views, and opinions from the public via requests. Documents will also be this notice on the Federal action, AGENCY: Fish and Wildlife Service, available for public inspection by including the identification of any other Interior. appointment during normal business aspects of the human environment not hours at the Regional Office, 1875 ACTION: Notice. already identified in the EA. Further, we Century Boulevard, Suite 200, Atlanta, specifically solicit information SUMMARY: Acropolis II Development GA 30345 (Attn: Endangered Species regarding the adequacy of the HCP as Enterprises, L.L.C. (Applicants) request Permits); or Field Supervisor, U.S. Fish measures against our ITP issuance incidental take permits (ITP) pursuant and Wildlife Service, 1601 Balboa criteria found in 50 CFR parts 13 and to section 10(a)(1)(B) of the Endangered Avenue, Panama City, FL 32405. 17. Species Act of 1973 (Act), as amended. FOR FURTHER INFORMATION CONTACT: Mr. If you wish to comment, you may The Applicants anticipate taking Aaron Valenta, Regional HCP submit comments by any one of several Perdido Key beach mice (Peromyscus Coordinator, at the Atlanta address in methods. Please reference permit polionotus trissyllepsis) incidental to ADDRESSES, telephone 404/679–4144, or number TE122397–0 and TE122398–0

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in such comments. You may mail and northwestern Florida. Two other variety of reasons (including comments to the Service’s Regional extant subspecies of beach mouse and hurricanes), predation or competition by Office (see ADDRESSES). You may also one extinct subspecies are known from animals related to human development comment via the Internet to the Atlantic coast of Florida. As do (cats and house mice), and the existing [email protected]. Please also other beach mouse subspecies, Perdido strength or lack of regulations regarding include your name and return address Key beach mice spend their entire lives coastal development. in your Internet message. If you do not within the coastal beach and dune We will evaluate the HCP and receive a confirmation from us that we ecosystem. comments submitted to determine have received your Internet message, Beach mouse habitat consists of a mix whether the application meets the contact us directly at either telephone of interconnected habitats, including requirements of section 10(a) of the Act. number listed below (see FOR FURTHER primary, secondary, and scrub dunes, If it is determined that those INFORMATION CONTACT). including interdunal areas. Beach mice requirements are met, the ITP will be Finally, you may hand-deliver are nocturnal and dig burrows within issued for the incidental take of the comments to either Service office listed the dune system where vegetation Perdido Key beach mouse. We will also below (see ADDRESSES). Our practice is provides cover. They forage for food evaluate whether issuance of the section to make comments, including names throughout the dune system, feeding 10(a)(1)(B) ITP complies with section 7 and home addresses of respondents, primarily on seeds and fruits of dune of the Endangered Species Act by available for public review during plants including bluestem conducting an intra-Service section 7 regular business hours. Individual (Schizachyrium maritimum), sea oats consultation. The results of this respondents may request that we (Uniola paniculata), and evening consultation, in combination with the withhold their home address from the primrose (Oenothera humifusa). Insects above findings, will be used in the final administrative record. We will honor are also an important component of analysis to determine whether or not to such requests to the extent allowable by their diet. issue the ITPs. law. There may also be other Beach mice along the Gulf Coasts of circumstances in which we would Florida and Alabama generally live Dated: April 6, 2006. withhold from the administrative record about nine months and become mature Bud Oliveira, a respondent’s identity, as allowable by between 25 and 35 days. Beach mice are Acting Regional Director, Southeast Region. law. If you wish us to withhold your monogamous, pairing for life. Gestation [FR Doc. E6–6057 Filed 4–21–06; 8:45 am] name and address, you must state this averages 24 days and the average litter BILLING CODE 4310–55–P prominently at the beginning of your size is three to four pups. Peak breeding comments. We will not, however, season for beach mice is in autumn and consider anonymous comments. We winter, declining in spring, and falling DEPARTMENT OF THE INTERIOR will make all submissions from to low levels in summer. In essence, organizations or businesses, and from mature female beach mice can produce Bureau of Indian Affairs individuals identifying themselves as a litter every month and live about eight representatives or officials of months. DEPARTMENT OF HEALTH AND organizations or businesses, available The EA considers the environmental HUMAN SERVICES for public inspection in their entirety. consequences of two alternatives and The area encompassed under the the proposed action. The proposed Indian Health Service incidental take permits includes two action alternative is issuance of the individual parcels, Palazzo I and II, incidental take permit and Renewal of Agency Information consisting of a total of 2.6 acres, along implementation of the HCP as submitted Collection for Indian Self- the beachfront of the Gulf of Mexico. by the Applicants. The HCP provides Determination and Education The projects are located on the western for: (1) Minimizing the footprint of both Assistance Contracts portion of Perdido Key, a 16.9-mile developments; (2) restoring, preserving, barrier island. Perdido Key constitutes and maintaining onsite beach mouse AGENCIES: Bureau of Indian Affairs, the entire historic range of the Perdido habitat at both projects; (3) Department of the Interior, and Indian Key beach mouse. incorporating requirements in the Health Service, Department of Health The Perdido Key beach mouse was operation of both condominium and Human Services. listed as an endangered species under facilities that provide for the ACTION: Notice of request for comments. the Act in 1985 (June 6, 1985, 50 FR conservation of the beach mouse; (4) 23872). The mouse is also listed as an monitoring the status of the beach SUMMARY: The Department of the endangered species by the State of mouse at both projects post- Interior and the Department of Health Florida. Critical habitat was designated construction; (5) donating funds and Human Services announce a request for the Perdido Key beach mouse at the initially and on an annual basis to for comments concerning renewal of time of listing (50 FR 23872). On Perdido Key beach mouse conservation OMB Control Number 1076–0136, the December 15, 2005, we published a efforts; (6) including conservation Information Collection Request used for proposed revision of critical habitat for measures to protect nesting sea turtles Indian Self-Determination and the Perdido Key beach mouse and and non-breeding piping plover; and (7) Education Assistance actions. The Choctawhatchee beach mouse, and a funding the mitigation measures. information collection will be used to proposed critical habitat designation for Several subspecies of beach mice have process contracts, grants or cooperative the St. Andrew beach mouse (70 FR been listed as endangered species agreements for award by the Bureau of 74426). primarily because of the fragmentation, Indian Affairs and the Indian Health The Perdido Key beach mouse is one adverse alteration and loss of habitat Service as authorized by the Indian Self- of eight species of the old-field mouse due to coastal development. The threat Determination and Education that occupy coastal rather than inland of development related habitat loss Assistance Act, as amended, and as set areas and are referred to as beach mice. continues to increase. Other forth in 25 CFR part 900. The It is one of five subspecies of beach mice contributing factors include low Department of the Interior and the endemic to the Gulf coast of Alabama population numbers, habitat loss from a Department of Health and Human

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Services invite comment on the population, safeguard Federal funds and Information collection for subpart C information collection described below. other resources, and permit the Federal would be unnecessary when contracts DATES: Interested persons are invited to agencies to administer and evaluate are renewed. Subpart F describes submit comments on or before June 23, contract programs. Tribal governments minimum standards for the management 2006. or tribal organizations provide the systems used by Indian tribes or tribal ADDRESSES: If you wish to comment, information by submitting Public Law organizations under these contracts. you may submit your comments to 93–638 contract or grant proposals to Subpart G addresses the negotiability of Terry Parks, Office of Tribal Services, the appropriate Federal agency. No all reporting and data requirements in Bureau of Indian Affairs, Department of third-party notification or public the contract. the Interior, 1951 Constitution Avenue, disclosure burden is associated with Respondents: Tribes or tribal NW., Mail Stop 320–SIB, Washington, this collection. organizations. Total number of respondents: 550. DC 20240. You may telefax comments Request for Comments on this information collection to (202) Estimated number of responses: 5507. Estimated annual burden: 191,174 208–5113. You may also hand deliver The Department of the Interior and written comments or view comments at the Department of Health and Human hours. the same address. Services request comments on this Dated: April 14, 2006. FOR FURTHER INFORMATION CONTACT: information collection concerning: Debbie L. Clark, Terry Parks, (202) 513–7625. You may (1) The necessity of the information Acting Principal Deputy Assistant Secretary— obtain a copy of this information collection for the proper performance of Indian Affairs, Department of the Interior. collection document at no charge by a the agencies’ functions; Dated: February 17, 2006. (2) Whether this information written request to the same address, by collection duplicates a collection Mary Lou Stanton, telefaxing a request to the above elsewhere by the Federal Government; Deputy Director, Indian Health Policy, number, or by calling (202) 513–7625. (3) Whether the burden estimate is Department of Health and Human Services. Please identify the information accurate or could be reduced using [FR Doc. 06–3829 Filed 4–21–06; 8:45 am] collection by the number 1076–0136. technology available to all respondents; BILLING CODE 4310–4J–P SUPPLEMENTARY INFORMATION: The (4) If the quality of the information Department of the Interior and the requested ensures its usefulness to the Department of Health and Human agencies; and DEPARTMENT OF THE INTERIOR Services developed a joint rule, 25 CFR (5) If the instructions are clear and Bureau of Indian Affairs part 900, to implement section 107 of easily understood, leading to the least the Indian Self-Determination and burden on the respondents. Notice of Intent To Prepare an Education Assistance Act, as amended, Please note that an agency may not Environmental Impact Statement for and Title I, Public Law 103–413, the sponsor or request, and an individual the Proposed Community Indian Self-Determination Contract need not respond to, a collection of Development on the Las Vegas Paiute Reform Act of 1994. Section information unless it has a valid OMB Indian Tribe Reservation, Clark 107(a)(2)(A)(ii) of the Indian Self- Control Number. County, NV Determination Contract Reform Act It is our policy to make all comments requires the joint rule to permit available to the public for review at the AGENCY: Bureau of Indian Affairs, contracts and grants to be awarded to location listed in the ADDRESSES section, Interior. Indian tribes without the unnecessary room 320–SIB, during the hours of 8 ACTION: Notice. burden or confusion associated with a.m. to 4:30 p.m., EST Monday through two sets of rules and information Friday except for legal holidays. If you SUMMARY: This notice advises the public collection requirements when there is a wish to have your name and/or address that the Bureau of Indian Affairs (BIA), single program legislation involved. withheld, you must state this in cooperation with the Las Vegas The information requirements for this prominently at the beginning of your Paiute Indian Tribe (Tribe), the joint rule differ from those of other comments. We will honor your request Environmental Protection Agency agencies. Both the Bureau of Indian according to the requirements of the (EPA), the U.S. Army Corps of Engineers Affairs and the Indian Health Service let law. All comments from organizations (USACE), and the Bureau of Land contracts for multiple programs, or representatives will be available for Management (BLM), intends to gather whereas other agencies usually award review. We may withhold comments information necessary for preparing an single grants to tribes. Under the Indian from review for other reasons. Environmental Impact Statement (EIS). Self-Determination and Education The proposed Federal actions by the Assistance Act, as amended, and the Information Collection Abstract BIA and cooperating agencies include Indian Self-Determination Contract OMB control number: 1076–0136. approval of a lease, issuance of rights- Reform Act of 1994, tribes are entitled Type of review: Renewal. of-way grants, permits, and/or other to contract and may renew contracts Title: Indian Self-Determination and agreements between Federal agencies, annually with the Bureau of Indian Education Assistance Act Programs, 25 the Tribe and the LasCal Development Affairs and the Indian Health Service, CFR 900. Group, LLC (LasCal Development) for whereas other agencies provide grants Brief Description: Each respondent is the construction, operation and on a discretionary or competitive basis. required to respond from 1 to 12 times maintenance of residential and The proposal and other supporting per year, depending upon the number of commercial development, as well as the documentation identified in this programs it contracts from the Bureau of necessary infrastructure, on the Las information collection are used by the Indian Affairs and Indian Health Vegas Paiute Indian Reservation Department of the Interior and the Service. In addition, each subpart (Reservation) in Clark County, Nevada. Department of Health and Human concerns information collection for The purpose of this project is to provide Services to determine applicant different parts of the contracting an expanded economic base for the eligibility, evaluate applicant process. For example, subpart C relates Tribe while simultaneously providing capabilities, protect the service to initial contract proposal contents. needed housing for tribal and non-tribal

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members in the greater Las Vegas area. of U.S. Highway 95 (US95), which water conveyance system would be This notice also announces two public diagonally bisects the property. LasCal constructed along the entire length of scoping meetings to identify potential Development would construct a mixed the proposed project area’s western and issues and alternatives for inclusion in residential and commercial southern boundaries, which is located the EIS. development on this property. The up gradient from the entire project area. DATES: Written comments on the scope development would potentially serve an Within the project area, onsite storm and implementation of this proposal estimated population of 12,500 to drainage would be constructed in must arrive by May 30, 2006. The public 25,000 people. Operation and coordination with roadway scoping meetings will be held on maintenance of the proposed project infrastructure development. Monday, May 15, 2006, and Tuesday, facilities would be managed by the Alternatives to the proposed action, May 16, 2006. Both meetings will begin following entities: Nevada Power, Las including the no action alternative, will at 6:30 p.m. and continue until 8:30 Vegas Valley Water District, Southwest be analyzed in the EIS. Possible action p.m. (local time), or until the last public Gas, Sprint Communications, Cox Cable, alternatives could include plans with comments are received. the City of Las Vegas, and the Las Vegas differing building densities and layouts, ADDRESSES: You may mail, hand carry, Paiute Snow Mountain Recreation a no casino alternative, and an or telefax written comments to either (1) Group. LasCal Development would alternative that maximizes Amy L. Heuslein, Regional provide construction and reclamation environmental protection using the Environmental Protection Officer, BIA, bonds suitable to both the BIA and the following principles: Mixed land uses; Western Regional Office, P.O. Box 10, Tribe. compact building designs; a range of located at 400 North Fifth Street, 14th The proposed project includes housing opportunities and choices; Floor, Phoenix, Arizona 85001, Telefax residential housing, commercial retail walkable neighborhoods with a variety (602) 379–3833; or (2) Paul Schlafly, and office space, a casino with 75,000- of transportation options; distinctive, Natural Resource Specialist, BIA, square feet of gaming space, tribal and attractive communities with a strong Southern Paiute Agency, 180 North 200 non-tribal housing, two elementary sense of place; and preservation of open East Suite #111, St. George, Utah 84771, schools, one middle school, space, natural beauty and critical Telefax (435) 674–9714. Comments may maintenance facilities, parks, environmental areas. recreational trails, roadways, utility also be submitted via e-mail to the Resource concerns to be addressed in rights-of-way and open space corridors. following address: this EIS would include, but not be The proposed project would be [email protected]. limited to, air quality, geology and soils, The May 15, 2006, public scoping developed in at least two phases. Phase I would include the project area located surface and groundwater resources, meeting will be held at the BLM Field biological resources including Office, 4701 North Torrey Pines Drive, to the east of US95. Phase II would include the project area to the west of threatened and endangered species, Las Vegas, Nevada. The May 16, 2006, noxious weeds, migratory birds, cultural public scoping meeting will be held at US95. Infrastructure development would resources, socioeconomic conditions, the Las Vegas Paiute Community Center, include the construction of a new land use, aesthetics or visual resources, 1 Paiute Drive, Las Vegas, Nevada. highway interchange, storm water environmental justice and Indian trust FOR FURTHER INFORMATION CONTACT: conveyance system, internal roadways, resources. The range of issues and Amy Heuslein, (602) 379–6750, or Paul as well as connections to existing alternatives to be addressed in the EIS Schlafly, (435) 674–9720. electrical, natural gas, water, and may be expanded or reduced, based on SUPPLEMENTARY INFORMATION: The EIS sewage facilities. The new highway written comments received in response will assess the environmental interchange on US95 would be located to this notice and at the public scoping consequences of proposed federal in the southeast portion of the project meetings. actions encompassing the proposed area. Internal roadways in the project Public Comment Availability project components described below. area would consist of six-lane collector The federal actions that may be required roads, four-lane residential roads, and Comments, including names and are as follows: (1) BIA approval of a 99- two-lane residential roads connected to addresses of respondents, will be year lease between LasCal Development surrounding existing roadways. available for public review at the and the Tribe, and of rights-of-way Utilities, including natural gas, water mailing addresses shown in the grants, permits and/or other agreements, and sewage facilities, would be ADDRESSES section during regular as appropriate; (2) BLM issuance of developed in coordination with business hours, 8 a.m. to 4:30 p.m., leases and rights-of-way grants for roadway infrastructure development to Monday through Friday, except infrastructure components adjacent to the extent possible and would be holidays. Individual respondents may the project area; (3) USACE issuance of connected to existing utilities located request confidentiality. If you wish BIA Clean Water Act permits; and (4) EPA adjacent to the proposed project area. to withhold your name and/or address issuance of Clean Water Act permits. Water for construction and operation of from public review or from disclosure The proposed project area is located in the development would be obtained under the Freedom of Information Act, the central portion of the Reservation in from three separate water pressure you must state this prominently at the Sections 25, 26, 27, 34, 35, and 36 of zones extending from the existing Las beginning of your written comment. Township 19 South, Range 59 East, Vegas Valley Water District Such requests will be honored to the Mount Diablo Meridian, in Clark infrastructure. Electricity for Phase I of extent allowed by law. BIA will not, County, approximately 15 miles development would be supplied by the however, consider anonymous northwest of Las Vegas, Nevada. The Nevada Power Company Northwest comments. All submissions from Las Vegas Paiute Golf Resort currently Substation. Electricity for Phase II of organizations or businesses and from occupies approximately 700 acres in the development would be supplied by the individuals identifying themselves as eastern portion of the Reservation. Nevada Power Company Snow representatives or officials of The proposed lease property consists Mountain Substation. Relocation of an organizations or businesses will be of approximately 2,000 acres of the total existing power line easement would made available for public inspection in of 3,200 developable acres on either side occur as a separate action. The storm their entirety.

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Authority ADDRESSES: Each tribe must submit their other applicable Federal statutes and request to the Bureau of Indian Affairs, regulations. This notice is published in Division of Safety and Risk National Priority Program Areas accordance with § 1503.1 of the Council Management, Attention: Indian on Environmental Quality Regulations Highway Safety Program Coordinator, The following highway safety (40 CFR parts 1500 through 1508) 1011 Indian School, NE, Suite 331, program areas have been identified as implementing the procedural Albuquerque, NM 87104. priority program areas eligible for requirements of the National funding under 23 CFR 1205.3 on tribal Environmental Policy Act of 1969, as FOR FURTHER INFORMATION CONTACT: lands: amended (42 U.S.C. 4321 et seq.), and Tribes should direct questions to: (a) Impaired driving. the Department of the Interior Manual Patricia Abeyta, Coordinator, Indian (b) Occupant protection. (516 DM 1–6), and is in the exercise of Highway Safety Program or Charles L. (c) Traffic records. authority delegated to the Principal Jaynes, Program Administrator, Bureau Other fundable program areas may be Deputy Assistant Secretary—Indian of Indian Affairs, 1011 Indian School, considered based upon well Affairs by 209 DM 8.l. NE, Suite 331, Albuquerque, New documented problem identification Dated: April 3, 2006. Mexico 87104; Telephone (505) 563– from the tribes. 5371 or 245–2104. Michael D. Olsen, Highway Safety Program Funding Acting Principal Deputy Assistant Secretary— SUPPLEMENTARY INFORMATION: Areas Indian Affairs. Background Proposals are being solicited for the [FR Doc. E6–6105 Filed 4–21–06; 8:45 am] following program areas: BILLING CODE 4310–W7–P The Federal-Aid Highway Act of 1973 (1) Impaired Driving. Programs (Pub. L. 93–87) provides for U.S. directed at reducing injuries and death Department of Transportation (DOT) attributed to impaired driving on the DEPARTMENT OF THE INTERIOR funding to assist Indian tribes in reservations such as Selective Traffic implementing Highway Safety projects. Bureau of Indian Affairs Enforcement Programs to apprehend The projects must be designed to reduce impaired drivers, specialized law the number of motor vehicle traffic Grant Availability to Federally- enforcement training (i.e. Standardized crashes and their resulting fatalities, Recognized Indian Tribes for Projects Field Sobriety Testing), public injures, and property damage within Implementing Traffic Safety on Indian information programs on alcohol/other Indian reservations. All federally- Reservations drug use and driving, education recognized Indian tribes on Indian programs for convicted DWI/DUI AGENCY: Bureau of Indian Affairs, reservations are eligible to receive this offenders, various youth alcohol Interior. assistance. All tribes receiving awards of education programs promoting traffic program funds are reimbursed for ACTION: Notice. safety, and programs or projects directed eligible costs incurred under the terms toward judicial training. Proposals for of 23 U.S.C. 402 and subsequent SUMMARY: projects that enhance the development In accordance with the amendments. Surface Transportation and Uniform and implementation of innovative Relocation Assistance Act of 1987, and Responsibilities programs to combat impaired driving as authorized by the Secretary of are also solicited. Transportation, the Bureau of Indian For the purposes of application of the (2) Occupant Protection. Programs Affairs intends to make funds available Act, Indian reservations are collectively directed at decreasing injuries and to federally-recognized Indian tribes on considered a ‘‘State’’ and the Secretary deaths attributed to the lack of safety an annual basis for implementing traffic of the Interior is considered the belt and child restraint usage such as safety projects, which are designed to ‘‘Governor of a State.’’ The Secretary of surveys to determine usage rates and to reduce the number of traffic crashes, the Interior delegated the authority to identify high-risk non-users, death, injuries and property damage administer the programs for all the comprehensive programs to promote within Indian country. Because of the Indian Nations in the United States to correct usage of child safety seats and limited funding available for this the Assistant Secretary—Indian Affairs. other occupant restraints, enforcement project, all projects will be reviewed The Assistant Secretary—Indian Affairs of safety belt ordinances or laws, and selected on a competitive basis. further delegated the responsibility for specialized training (i.e. Operation Kids, This notice informs Indian tribes that administration of the Indian Highway Traffic Occupant Protection Strategies, grant funds are available and that Safety Program to the Central Office, and Standardized Child Passenger information packets are being mailed to Division of Safety and Risk Management Safety Technician), and evaluations. all tribes. Information packets will be (DSRM), located in Albuquerque, New (3) Traffic Records. Programs to help distributed to all Tribal Leaders on the Mexico. The Chief, DSRM, as Program tribes develop or update electronic latest Tribal Leaders list that is Administrator of the Indian Highway traffic records systems which will assist compiled by the Bureau of Indian Safety Program, has staff members with analysis of crash information, Affairs. available to provide program and causal factors, and support joint efforts technical assistance to the Indian tribes. with other agencies to improve the DATES: Request for funds must be The Indian Highway Safety Program tribe’s traffic records system. received by May 1 of each program year. maintains contacts with the DOT with Requests not in the office of the Indian respect to program approval, funding Project Guidelines Highway Safety Program by close of and receiving technical assistance. The BIA will send information packets to business on May 1st will not be National Highway Traffic Safety the Tribal Leader of each federally- considered and will be returned Administration (NHTSA) is responsible recognized Indian tribe by the end of unopened. The information packets will for ensuring that the Indian Highway January of each program year. Upon be distributed by the end of January of Safety Program is carried out in receiving the information packet, each each program year. accordance with 23 CFR part 1200 and tribe, to be eligible, must prepare a

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proposed project based on the following (8) Project Length. The traffic safety and necessity and reasonableness of the guidelines: program is designed primarily as the budget (30 points maximum). (1) Program Planning. Program will be source of invention and motivation. Criteria (3), details on how the tribe based upon the highway safety This program is not intended for will evaluate and show progress on its problems identified and the goals/ financially supporting continuing performance measures regarding the objectives measures selected by the operations. Evaluation component (20 points tribe. (9) Certification Regarding Drug-Free maximum). (2) Problem Identification. Highway Workplace Requirement. Indian tribes Criteria (4), documentation in support traffic safety problems will be based receiving highway safety grants through of the submitting tribe’s qualification, upon accurate tribal data. This data the Indian Highway Safety Program commitment and community should show problems and/or trend must certify that they will maintain a involvement in traffic safety should be analysis and should be available in drug-free workplace. included (10 points maximum). tribal enforcement and traffic crash (10) Certification Regarding Lobbying. Criteria (5), tribes are eligible for records. The data must accompany the Indian tribes receiving highway safety bonus points (up to 10 extra points) if proposal. grants through the Indian Highway all reporting requirements have been (3) Countermeasures Selection. Once Safety Program must certify that they met in previous years. tribal traffic safety problems are will not use any of the direct funds to Notification of the Selection identified, appropriate countermeasures pay for, by or on behalf of the tribe, to to solve or reduce the problem(s) must any person for influencing or attempting Those tribes selected to participate be identified. to influence an officer or employee of will be notified by letter. Upon (4) Objectives/Performance Measures. any agency, a Member of Congress, an notification, each tribe selected must List of objectives and measurable goals, officer or employee of Congress, or an provide a duly authorized tribal within the National Priority Program employee of a Member of Congress in resolution. The certification and Areas, based on highway safety connection with the awarding of any resolution must be on file before grants problems identified by the tribe, must Federal contract, the making of any funds can be expended or reimbursed be included in each proposal, expressed Federal grant, the making of any Federal by the tribe. in clearly defined, time-framed, and loan, the entering into of any Notification of Non-Selection measurable terms. Performance cooperative agreement, and the The Program Administrator will indicators that enable the Indian extension, continuation, renewal, notify each tribe of non-selection. Highway Safety Program (IHSP) to track amendment, or modification of any progress, from a specific baseline, must Federal contract, grant, loan or Uniform Administrative Requirements accompany each goal. Performance cooperative agreement. [Note: None of for Grant-in-Aid measures should be aggressive but the funds under this program can be Uniform grant administration attainable. used for any activity specifically procedures have been established on a (5) Line Item Budget. The activities to designed to urge or influence a State or national basis of all grant-in-aid be funded must be outlined in detail local legislator to favor or oppose the programs by DOT. NHTSA under 49 according to the following object adoption of any specific legislative CFR part 18, ‘‘Uniform Administrative groups: personnel services; travel and proposal pending before any State or Requirements for Grants and training, operating costs and equipment. local legislative body.] Cooperative Agreements to State and Because of limited funding, this office Submission Deadline Local Government.’’ NHTSA and FHWA will limit indirect costs to a maximum have codified uniform procedures for of 15 percent; however, all tribes Each tribe must send its funding State Highway Safety Programs in 23 applying for grants must attach a copy request to the BIA IHSP offices in CFR parts 1200, 1205 and 1251. OMB of the tribe’s indirect cost rate to the Albuquerque, New Mexico. The Indian Circular A–87 and the ‘‘Highway Safety application. Highway Safety Program must receive Grant Funding Policy for NHTSA/ (6) Evaluation Plan. Evaluation is the the request by close of business May 1 FHWA Field Administered Grants’’ are process of determining whether a of each program year. the established cost principles highway safety activity has Selection Criteria applicable to grants and contracts accomplished its objectives. The tribe through BIA and with tribal must include in the funding request a Each funding request will be reviewed governments. It is the responsibility of plan explaining how the evaluation will and evaluated by the BIA Indian the BIA Indian Highway Safety Program be accomplished and identifying the Highway Safety Program staff and a office to establish operating procedures criteria to be used in measuring designated selection committee. Each consistent with the applicable performance. member, by assigning points to the provisions of these rules. (7) Technical Assistance. In order to following five criteria, will rank each of provide technical assistance and ensure the proposals based on the following Standards for Financial Management that NHTSA regulations are met, the criteria: System BIA Indian Highway Safety Program Criteria (1), the strength of the Tribal financial systems must provide: requests that each tribe applying for a Problem Identification based on (1) Current and complete disclosure of grant, attach a letter on tribal stationary, verifiable, current and applicable project actions; requesting that the program use a small documentation of the traffic safety (2) Accurate and timely record portion of the grant funds for program problem (40 points maximum). keeping; oversight. [Note: Signing a letter Criteria (2), the quality of the (3) Accountability and control of all authorizing the BIA Indian Highway proposes solution plan based on grant funds and equipment; Safety Program to use a small amount of aggressive but attainable Performance (4) Comparison of actual expenditures funds for program oversight will not Measures, time-framed action plan, cost with budgeted amounts; and decrease the amount of funds that will eligibility, amount, if any, of in-kind (5) Documentation of accounting be authorized for any tribal program.] funding/support provided by the tribe, records.

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Auditing of Highway Safety Projects the decision shall have until May 24, Aggregating 10,663.20 acres. will be included in the Tribal A–133 2006 to file an appeal. Notice of the decision will also be single audit requirement. Tribes will 2. Parties receiving service of the published four times in the Fairbanks provide monthly program status reports decision by certified mail shall have 30 Daily News-Miner. and a corresponding reimbursement days from the date of receipt to file an DATES: The time limits for filing an claim to the Coordinator, BIA Indian appeal. appeal are: Highway Safety Program, 1011 Indian Parties who do not file an appeal in 1. Any party claiming a property School, Suite 331, Albuquerque, New accordance with the requirements of 43 interest which is adversely affected by Mexico 87104. These documents will be CFR part 4, subpart E, shall be deemed the decision shall have until May 24, submitted no later than 10 working days to have waived their rights. 2006 to file an appeal. beyond the reporting month. ADDRESSES: A copy of the decision may 2. Parties receiving service of the be obtained from: Bureau of Land Project Monitoring decision by certified mail shall have 30 Management, Alaska State Office, 222 days from the date of receipt to file an During the program year, it is the West Seventh Avenue, #13, Anchorage, appeal. responsibility of the BIA IHSP office to Alaska 99513–7599. Parties who do not file an appeal in review the implementation of tribal FOR FURTHER INFORMATION CONTACT: The accordance with the requirements of 43 traffic safety plans and programs, Bureau of Land Management by phone CFR part 4, subpart E, shall be deemed monitor the progress of their activities at 907–271–5960, or by e-mail at to have waived their rights. and expenditures and provide technical [email protected]. Persons ADDRESSES: A copy of the decision may assistance as needed. This assistance who use a telecommunication device be obtained from: Bureau of Land may be on-site, by telephone and/or a (TTD) may call the Federal Information Management, Alaska State Office, 222 review of monthly progress claims. Relay Service (FIRS) at 1–800–877– West Seventh Avenue, #13, Anchorage, Project Evaluation 8330, 24 hours a day, seven days a Alaska 99513–7599. week, to contact the Bureau of Land FOR FURTHER INFORMATION, CONTACT: The BIA will conduct an annual Management. Bureau of Land Management by phone performance evaluation for each at 907–271–5960, or by e-mail at Barbara Opp Waldal, Highway Safety Project. The evaluation [email protected]. Persons will measure the actual Land Law Examiner, Branch of Adjudication who use a telecommunication device II. accomplishments to the planned (TTD) may call the Federal Information activity. BIA IHSP staff will evaluate the [FR Doc. E6–6063 Filed 4–21–06; 8:45 am] Relay Service (FIRS) at 1–800–877– project on-site at the discretion of the BILLING CODE 4310–$$–P 8330, 24 hours a day, seven days a Indian Highway Safety Program week, to contact the Bureau of Land Administrator. Management. DEPARTMENT OF THE INTERIOR Dated: April 7, 2006. Eileen Ford, Michael D. Olsen, Bureau of Land Management Land Law Examiner, Branch of Adjudication Acting Principal Deputy Assistant Secretary— II. Indian Affairs. [AK 964–1410–HY–P; F–14889–A] [FR Doc. E6–6065 Filed 4–21–06; 8:45 am] [FR Doc. E6–6026 Filed 4–21–06; 8:45 am] Alaska Native Claims Selection BILLING CODE 4310–$$–P BILLING CODE 4310–5h–P AGENCY: Bureau of Land Management, Interior. DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR ACTION: Notice of decision approving lands for conveyance. Bureau of Land Management Bureau of Land Management SUMMARY: As required by 43 CFR [CO–921–06–1320–EL; COC 69822] [AK–964–1410–HY–P; AA–8103–5] 2650.7(d), notice is hereby given that an Notice of Invitation for Coal appealable decision approving lands for Alaska Native Claims Selection Exploration License Application, conveyance pursuant to the Alaska Western Fuels-Colorado, LLC. COC AGENCY: Bureau of Land Management, Native Claims Settlement Act will be 69822; Colorado Interior. issued to MTNT, Ltd., Successor in ACTION: Notice of decision approving Interest to Chamai, Incorporated, for AGENCY: Bureau of Land Management, lands for conveyance. lands in the vicinity of McGrath, Alaska, Interior. and located in: ACTION: Notice. SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an Seward Meridian, Alaska SUMMARY: Pursuant to the Mineral appealable decision approving lands for T. 31 N., R. 34 W., Leasing Act of February 25, 1920, as conveyance pursuant to the Alaska Secs. 4, 5, 7, and 8; amended, and to Title 43, Code of Native Claims Settlement Act will be Secs. 16 to 21, inclusive; Federal Regulations, subpart 3410, issued to Doyon, Limited, for lands Secs. 28 to 31, inclusive. members of the public are hereby located within Secs. 3 and 10, T. 30 N., Containing 7,143.14 acres. invited to participate with Western R. 54 W., Seward Meridian, Alaska, in T. 32 N., R. 34 W., Fuels-Colorado, LLC, in a program for the vicinity of Shageluk, Alaska. Notice Secs. 21 and 22; the exploration of unleased coal of the decision will also be published Secs. 26, 33, and 34. deposits owned by the United States of Containing 1,684.13 acres. four times in the Tundra Drums. America containing approximately T. 31 N., R. 35 W., DATES: The time limits for filing an 10,810.40 acres in Montrose County, Secs. 12, 13, and 14; Colorado. appeal are: Secs. 23, 24, and 25; 1. Any party claiming a property Secs. 35 and 36. DATES: Written Notice of Intent to interest which is adversely affected by Containing 1,835.93 acres. Participate should be addressed to the

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attention of the following persons and • Representative for a local developer informed advice regarding an industry, must be received by them by May 24, or builder organization; discipline, or interest specified in the 2006. • Representative for the City of La Committee’s charter; they must have ADDRESSES: Karen Zurek, CO–921, Solid Quinta; demonstrated experience or knowledge • Representative for a local Minerals Staff, Division of Energy, of the geographical area in which the conservation organization; and National Monument is located; and Lands and Minerals, Colorado State • Representative for the California must have demonstrated a commitment Office, Bureau of Land Management, Department of Fish and Game or the to collaborate in seeking solutions to a 2850 Youngfield Street, Lakewood, California Department of Parks and Colorado 80215; and, Murari Threstha, Recreation. wide spectrum of resource management Western Fuels-Colorado, LLC, P.O. Box issues. 33424, Denver, Colorado 80233–3424. DATES: Nomination applications must be submitted to the address listed below no There is no limit to the number of FOR FURTHER INFORMATION, CONTACT: nomination applications which may be Karen Zurek at (303) 239–3795. later than 90 days after the date of publication of this notice in the Federal submitted for each open appointment. SUPPLEMENTARY INFORMATION: The Register. Current MAC appointees may submit an application for coal exploration license updated nomination application for re- is available for public inspection during ADDRESSES: Santa Rosa and San Jacinto Mountains National Monument, c/o appointment. Any individual may normal business hours under serial nominate himself or herself for number COC 69822 at the Bureau of Bureau of Land Management, Palm Springs-South Coast Field Office, Attn: appointment. Completed nomination Land Management, Colorado State applications should include letters of Office, 2850 Youngfield Street, National Monument Manager, Advisory reference and/or recommendations from Lakewood, Colorado 80215, and at the Committee Nomination Application, the represented interests or Uncompahgre Field Office, 2505 South P.O. Box 581260, North Palm Springs, Townsend Avenue, Montrose, Colorado California 92258–1260. organizations, and any other 81401. Any party electing to participate FOR FURTHER INFORMATION CONTACT: information explaining the nominee’s in this program must share all costs on Frank Mowry, Writer-Editor, Santa Rosa qualifications (e.g., resume, curriculum a pro rata basis with Western Fuels- and San Jacinto Mountains National vitae). Colorado, LLC, and with any other party Monument, telephone (760) 251–4822; Nomination application packages are or parties who elect to participate. facsimile message (760) 251–4899; e- available at the Bureau of Land mail [email protected]. Dated: March 17, 2006. Management Palm Springs-South Coast SUPPLEMENTARY INFORMATION: In Karen Zurek, Field Office, 690 West Garnet Avenue, accordance with the Santa Rosa and San North Palm Springs, California; through Solid Minerals Staff, Division of Energy, Jacinto Mountains National Monument Lands and Minerals. the Santa Rosa and San Jacinto Act of 2000 (Pub. L. 106–351), the Mountains National Monument Web [FR Doc. E6–6062 Filed 4–21–06; 8:45 am] Secretary of the Interior and the BILLING CODE 4310–JB–P pages at http://www.blm.gov/ca/ Secretary of Agriculture have jointly palmsprings/santarosa/mac- established an advisory committee for nominations.html; via telephone request the Santa Rosa and San Jacinto DEPARTMENT OF THE INTERIOR at (760) 251–4800, or facsimile message Mountains National Monument under at (760) 251–4899; by written request Bureau of Land Management the provisions of the Federal Advisory Committee Act. The purpose of the from the Santa Rosa and San Jacinto Mountains National Monument DEPARTMENT OF AGRICULTURE National Monument Advisory Committee (MAC) is to advise the Manager at the following address: Santa Rosa and San Jacinto Mountains Forest Service Secretaries with respect to implementation of the National National Monument, c/o Bureau of Land [CA 668 –05–1783–PG_083A] Monument Management Plan. Management, Palm Springs-South Coast The MAC holds public meetings Field Office, Attn: National Monument Notice of Call for Nominations for several times throughout the year. The Manager, Advisory Committee Appointment, Santa Rosa and San Designated Federal Officer (DFO), or Nomination Application Request, P.O. Jacinto Mountains National Monument his/her designee, may convene Box 581260, North Palm Springs, Advisory Committee additional meetings as necessary. All California 92258–1260; or through an e- AGENCIES: Bureau of Land Management, MAC members are volunteers serving mail request at [email protected]. Interior; Forest Service, Agriculture. without pay, but will be reimbursed for Each application package includes travel and per diem expenses at the ACTION: Notice of call for nominations forms from the U.S. Department of current rates for government employees for appointment or re-appointment of Agriculture and U.S. Department of the representatives, and an equal number of in accordance with 5 U.S.C. 5703, when appropriate. Interior. All submitted nomination alternates, to occupy five positions on applications become the property of the the Santa Rosa and San Jacinto Appointments for individuals currently serving in the aforementioned Department of the Interior, Bureau of Mountains National Monument Land Management, Santa Rosa and San Advisory Committee. positions will expire March 16, 2007. Members will be appointed to serve a 3- Jacinto Mountains National Monument, SUMMARY: This notice constitutes an year term. and will not be returned. Nomination open call to the public to submit All applicants must be citizens of the applications are good only for the nomination applications for each of the United States. Members are appointed current open public call for following positions on the Santa Rosa by the Secretary of the Interior with nominations. and San Jacinto Mountains National concurrence by the Secretary of Monument Advisory Committee: Agriculture. Applicants must be • Representative for the City of Palm qualified through education, training, Springs; knowledge, or experience to give

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Dated: March 3, 2006. Authority: 43 CFR subpart 1784/Advisory certain digital processors or digital Gail Acheson, Committees. processing systems, components Field Manager, Palm Springs-South Coast Timothy R. Reuwsaat, thereof, or products containing the same Field Office, Bureau of Land Management. District Manager, Medford. by reason of infringement of various Dated: March 3, 2006. claims of United States Patent Nos. [FR Doc. E6–6060 Filed 4–21–06; 8:45 am] Laurie Rosenthal, 5,021,945, 5,517,628, and 6,253,313. BILLING CODE 4310–33–P District Ranger, San Jacinto Ranger District, The complaint originally named four San Bernardino National Forest, USDA Forest respondents: Philips Semiconductors Service. B.V. of the Netherlands; Philips INTERNATIONAL TRADE Dated: March 3, 2006. Consumer Electronics Services B.V. of COMMISSION James Foote, the Netherlands; Philips Consumer Acting Monument Manager, Santa Rosa and [Investigation No. 337–TA–559] Electronics North America Corp. of San Jacinto Mountains, National Monument. Atlanta, Georgia; and 2Wire, Inc. of San In the Matter of Certain Digital [FR Doc. 06–3844 Filed 4–21–06; 8:45 am] Jose, California. Biax previously Processors and Digital Processing BILLING CODE 4310–40–P amended the complaint and notice of Systems, Components Thereof, and investigation in order to remove Products Containing Same; Notice of respondent Philips Consumer DEPARTMENT OF THE INTERIOR Commission Decision Not To Review Electronics North America Corp. and to an Initial Determination Granting add Philips Electronics North America Bureau of Land Management Complainant’s Motion To Amend the Corp. 71 FR 17136 (April 5, 2006). Complaint and Notice of Investigation [OR 110 5882 PH MJ99; HAG06–0104] On March 9, 2006, Biax moved to AGENCY: U.S. International Trade amend the complaint and notice of Notice of Meetings Commission. investigation in order to remove respondent Philips Consumer AGENCY: Medford District, Bureau of ACTION: Notice. Electronics Services B.V. and to add Land Management, Department of the SUMMARY: Notice is hereby given that Philips Semiconductors, Inc. of San Interior. the U.S. International Trade Jose, California, and Philips Consumer ACTION: Notice of Bureau of Land Commission has determined not to Electronics B.V. of the Netherlands. Management, Medford District review an initial determination (‘‘ID’’) Biax stated that it had recently learned Resource. Advisory Committee meeting issued by the presiding administrative that Philips Consumer Electronics as identified in section 205(f)(2) of the law judge (‘‘ALJ’’) granting Services B.V. is a dormant entity that Secure Rural Schools and Community complainant’s motion to amend the has not imported into the United States, Self-Determination Act of 2000, Public complaint and notice of investigation. sold, or offered for sale any of the Law 106–393. FOR FURTHER INFORMATION CONTACT: accused products. In addition, Biax SUMMARY: The Bureau of Land Michelle Walters, Esq., Office of the stated that it had recently learned that Management Medford District Resource General Counsel, U.S. International Philips Semiconductors, Inc. imports Advisory Committee will meet in Trade Commission, 500 E Street, SW., and sells the accused products in the Medford, Oregon to tour project sites Washington, DC 20436, telephone (202) United States and that Philips and to discuss proposed 2007 projects, 708–5468. Copies of non-confidential Consumer Electronics B.V. pursuant to Public Law 106–393. documents filed in connection with this manufactures consumer products that Agenda topics include on-site investigation are or will be available for contain the accused products and sells inspections of previous projects and inspection during official business them in the United States. None of the proposed 2007 projects, review of last hours (8:45 a.m. to 5:15 p.m.) in the current respondents nor the meeting minutes, presentations on Office of the Secretary, U.S. Commission investigative attorney proposed fiscal year 2007 Title II International Trade Commission, 500 E opposed Biax’s motion. projects, and discussion regarding Street, SW., Washington, DC 20436, On March 27, 2006, the ALJ issued an proposed projects. telephone (202) 205–2000. General ID granting Biax’s motion to amend the DATES: See SUPPLEMENTARY INFORMATION information concerning the Commission complaint and notice of investigation. section for meeting dates. may also be obtained by accessing its The ALJ found that, pursuant to Internet server at http://www.usitc.gov. ADDRESSES: The field trips will start Commission Rule 210.14(b)(1) (19 CFR from, and the meetings will be held at, The public record for this investigation 210.14(b)(1)), there was good cause to the Bureau of Land Management may be viewed on the Commission’s amend the complaint and notice of Medford District Office, located at 3040 electronic docket (EDIS) at http:// investigation in order to remove Biddle Road, Medford, Oregon. edis.usitc.gov. Hearing-impaired respondent Philips Consumer persons are advised that information on Electronics Services B.V. and to add FOR FURTHER INFORMATION CONTACT: this matter can be obtained by Philips Semiconductors, Inc. and Bureau of Land Management, Medford contacting the Commission’s TDD Philips Consumer Electronics B.V. No District, Patty Burel at (541–618–2424), terminal on (202) 205–1810. petitions for review of the ID were filed. e-mail: [email protected]. SUPPLEMENTARY INFORMATION: This Having examined the record of this SUPPLEMENTARY INFORMATION: investigation was instituted on January investigation, the Commission has The field trip dates are: determined not to review the ALJ’s ID. 1. June 15, 2006, 7 a.m. to 4 p.m. 9, 2006, based on a complaint filed by 2. June 22, 2006, 7 a.m. to 4 p.m. Biax Corporation (‘‘Biax’’) of Boulder, The authority for the Commission’s The meeting dates are: Colorado. The complaint alleges determination is contained in section 1. July 13, 2006, 9 a.m. to 4 p.m. violations of section 337 of the Tariff 337 of the Tariff Act of 1930, as 2. July 20, 2006, 9 a.m. to 4 p.m. Act of 1930 (19 U.S.C. 1337) in the amended (19 U.S.C. 1337), and in A public comment period will be held importation into the United States, the section 210.42 of the Commission’s from 2:00 p.m. to 2:30 p.m. on July 13 sale for importation, and the sale within Rules of Practice and Procedure (19 CFR and July 20, 2006. the United States after importation of 210.42).

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Issued: April 18, 2006. final release of information on June 6, DEPARTMENT OF LABOR By order of the Commission. 2006; and final party comments are due Marilyn R. Abbott, on June 8, 2006. Employment and Training Administration Secretary to the Commission. For further information concerning [FR Doc. E6–6079 Filed 4–21–06; 8:45 am] this review see the Commission’s notice [TA–W–58,663] BILLING CODE 7020–02–P cited above and the Commission’s Rules of Practice and Procedure, part 201, Classic Print Products, Inc., subparts A through E (19 CFR part 201), Burlington, NC; Notice of Revised INTERNATIONAL TRADE and part 207, subparts A, D, E, and F (19 Determination on Reconsideration COMMISSION CFR part 207). By letter dated March 15, 2006, a [Investigation No. 731–TA–860 (Review)] Authority: This review is being conducted company official requested Tin- and Chromium-Coated Steel Sheet under authority of title VII of the Tariff Act administrative reconsideration from Japan of 1930; this notice is published pursuant to regarding the Department’s Negative section 207.62 of the Commission’s rules. Determination Regarding Eligibility to AGENCY: United States International Issued: April 17, 2006. Apply for Worker Adjustment Trade Commission. Assistance, applicable to the workers of By order of the Commission. ACTION: Revised schedule for the subject the subject firm. On April 12, 2006, a review. Marilyn R. Abbott, Notice of Dismissal of Application for Secretary to the Commission. Reconsideration was issued, stating that DATES: Effective Date: April 17, 2006. [FR Doc. E6–6028 Filed 4–21–06; 8:45 am] the application did not contain new FOR FURTHER INFORMATION CONTACT: BILLING CODE 7020–02–P information supporting a conclusion Olympia Hand (202–205–3182) or that the determination was erroneous Douglas Corkran (202–205–3057), Office and did not provide a justification for of Investigations, U.S. International INTERNATIONAL TRADE reconsideration of the determination Trade Commission, 500 E Street, SW., COMMISSION that was based on either mistaken facts Washington, DC 20436. Hearing- or a misinterpretation of facts or of the impaired persons can obtain [USITC SE–06–027] law. information on this matter by contacting The petition, filed on behalf of the Commission’s TDD terminal on 202– Sunshine Act Meeting workers at the subject firm producing 205–1810. Persons with mobility sublimated printed paper, asserted that impairments who will need special AGENCY HOLDING THE MEETING: United production of sublimated printed paper assistance in gaining access to the States International Trade Commission. had shifted abroad. The denial, issued Commission should contact the Office on March 1, 2006, was based on the of the Secretary at 202–205–2000. TIME AND DATE: April 26, 2006 at 3 p.m. findings that neither the subject firm nor surveyed customers imported General information concerning the PLACE: Room 101, 500 E Street SW., sublimation printed paper during the Commission may also be obtained by Washington, DC 20436, Telephone: relevant period and that the subject firm accessing its internet server (http:// (202) 205–2000. www.usitc.gov). The public record for did not shift production abroad during this review may be viewed on the STATUS: Open to the public. the investigation period. The Commission’s electronic docket (EDIS) Department’s Notice of determination MATTERS TO BE CONSIDERED: at http://edis.usitc.gov. was published in the Federal Register SUPPLEMENTARY INFORMATION: Effective 1. Agenda for future meetings: None. on March 24, 2006 (70 FR 14954). December 2, 2005, the Commission 2. Minutes. Upon receipt of new information by the company official regarding the established a schedule for the conduct 3. Ratification List. of the subject full review (70 FR 73027, article produced at the subject firm, the December 8, 2005). Subsequently, 4. Inv. No. 731–TA–1091 (Final) Department conducted an investigation counsel on behalf of the Japanese (Artists’ Canvas from China)—briefing to determine whether the subject worker respondents requested that the and vote. (The Commission is currently group is eligible to apply for worker Commission postpone its deadline for scheduled to transmit its determination adjustment assistance as provided by the filing of posthearing briefs by two and Commissioners’ opinions to the the Trade Act of 1974, as amended. days, citing communication difficulties Secretary of Commerce on or before May The new information indicated that arising from multiple national holidays 8, 2006.) the subject firm used sublimated printed in Japan during the period between the 5. Outstanding action jackets: None. paper as a medium to transfer ink graphics onto substrates. The substrates Commission’s hearing and the due date In accordance with Commission for posthearing briefs.1 No party to the were then incorporated into the policy, subject matter listed above, not review objected to the requested customer’s final products (water boards disposed of at the scheduled meeting, postponement. The Commission, and snow boards). therefore, is revising its schedule to may be carried over to the agenda of the The investigation revealed that the incorporate this and related changes to following meeting. subject firm supplied component parts the schedule of the review. Issued: April 19, 2006. (substrates) and a loss of business with a manufacturer of water boards and The Commission’s new schedule for By order of the Commission. snow boards whose workers were the review is as follows: the deadline for Marilyn R. Abbott, filing posthearing briefs is May 10, certified eligible to apply for adjustment 2006; the Commission will make its Secretary to the Commission. assistance contributed importantly to [FR Doc. 06–3904 Filed 4–21–06; 9:12 am] the separation or threat of separation of 1 Correspondence of April 7, 2006, from Willkie BILLING CODE 7020–02–U workers at Classic Print Products, Inc., Farr & Gallagher LLP. Burlington, North Carolina.

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In accordance with section 246 the In order to establish a valid petition, The petitioner stated in the request for Trade Act of 1974 (26 U.S.C. 2813), as there must be at least three workers to reconsideration that the worker group amended, the Department of Labor sign the petition. The petition in this supported the production of herein presents the results of its case did not meet this threshold components (ink and printer cartridges) investigation regarding certification of number. Consequently, the investigation of articles produced by the subject firm eligibility to apply for Alternative Trade has been terminated. (printers). The petitioner also inferred Adjustment Assistance (ATAA) for Signed at Washington, DC this 7th day of that support activities were shifted older workers. April 2006. overseas when production shifted In order for the Department to issue Elliott S. Kushner, abroad. a certification of eligibility to apply for Certifying Officer, Division of Trade The Department has carefully ATAA, the group eligibility Adjustment Assistance. requirements of Section 246 of the reviewed the request for reconsideration [FR Doc. E6–6098 Filed 4–21–06; 8:45 am] Trade Act must be met. The Department and has determined that the Department has determined in this case that the BILLING CODE 4510–30–P will conduct further investigation based requirements of section 246 have been on new information provided by the petitioner and the company official. met. DEPARTMENT OF LABOR A significant number of workers at the Conclusion firm are age 50 or over and possess Employment and Training skills that are not easily transferable. Administration After careful review of the Competitive conditions within the application, I conclude that the claim is industry are adverse. [TA–W–59,163] of sufficient weight to justify Conclusion Lending Textile Company Inc., reconsideration of the Department of Williamsport, PA; Notice of Labor’s prior decision. The application After careful review of the is, therefore, granted. information obtained in the Termination of Investigation reconsideration investigation, I Pursuant to section 221 of the Trade Signed at Washington, DC, this 13th day of determine that workers of Classic Print Act of 1974, as amended, an April 2006. Products, Inc., Burlington, North investigation was initiated on April 5, Elliott S. Kushner, Carolina qualify as adversely affected 2006 in response to a petition filed by Certifying Officer, Division of Trade secondary workers under section 222 of a company official on behalf of workers Adjustment Assistance. the Trade Act of 1974, as amended. In at Lending Textile Company Inc., [FR Doc. E6–6094 Filed 4–21–06; 8:45 am] accordance with the provisions of the Williamsport, Pennsylvania. BILLING CODE 4510–30–P Act, I make the following certification: The petitioner has requested that the All workers of Classic Print Products, Inc., petition be withdrawn. Consequently, Burlington, North Carolina, who became the investigation has been terminated. DEPARTMENT OF LABOR totally or partially separated from Signed at Washington, DC this 10th day of employment on or after January 17, 2005 April, 2006. Employment and Training through two years from the date of this Linda G. Poole, Administration certification, are eligible to apply for adjustment assistance under Section 223 of Certifying Officer, Division of Trade the Trade Act of 1974, and are eligible to Adjustment Assistance. [TA–W–59,019] apply for alternative trade adjustment [FR Doc. E6–6100 Filed 4–21–06; 8:45 am] assistance under Section 246 of the Trade Act BILLING CODE 4510–30–P McCormick International USA, Inc., of 1974. Pella, IA; Notice of Termination of Signed in Washington, DC this 17th day of Investigation April 2006. DEPARTMENT OF LABOR Elliott S. Kushner, Pursuant to section 221 of the Trade Employment and Training Certifying Officer, Division of Trade Act of 1974, as amended, an Adjustment Assistance. Administration investigation was initiated on March 14, [FR Doc. E6–6093 Filed 4–21–06; 8:45 am] [TA–W–58,808] 2006 in response to a petition filed by BILLING CODE 4510–30–P a Texas Workforce Commission Lexmark International, Inc, Supply representative on behalf of workers of Chain Workforce, Printing Solutions & McCormick International USA, Inc., DEPARTMENT OF LABOR Services Division, Lexington, KY; Pella, Iowa. Notice of Affirmative Determination The petition has been deem invalid. A Employment and Training Regarding Application for state agency representative cannot file a Administration Reconsideration TAA petition on behalf of workers of a [TA–W–59,153] By application of March 25, 2006, a firm located in another state. petitioner requested administrative IBM Corporation; Somers, NY; Notice Consequently, further investigation reconsideration of the Department of of Termination of Investigation would serve no purpose, and the Labor’s Notice of Negative investigation has been terminated. Determination Regarding Eligibility to Pursuant to section 221 of the Trade Signed at Washington, DC, this 11th day of Apply for Worker Adjustment Act of 1974, as amended, an April 2006. investigation was initiated on Assistance, applicable to workers of the September 22, 2003, in response to a subject firm. The Department’s notice of Linda G. Poole, petition filed on behalf of workers at determination was signed on February Certifying Officer, Division of Trade IBM Corporation, Somers, New York. 24, 2006, and published in the Federal Adjustment Assistance. The petition regarding the Register on March 22, 2006 (71 FR [FR Doc. E6–6097 Filed 4–21–06; 8:45 am] investigation has been deemed invalid. 14550). BILLING CODE 4510–30–P

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR (TA–W) number issued during the periods of April 2006. Employment and Training Employment and Training In order for an affirmative Administration Administration determination to be made and a [TA–W–58,569] certification of eligibility to apply for [TA–W–54,254] directly-impacted (primary) worker OBG Distribution Company, Ltd., adjustment assistance to be issued, each Newstech NY Inc, Deferiet, NY; Celina, Tennessee; Notice of of the group eligibility requirements of Amended Certification Regarding Affirmative Determination Regarding Section 222(a) of the Act must be met. Eligibility To Apply for Worker Application for Reconsideration I. Section (a)(2)(A) all of the following Adjustment Assistance and Alternative must be satisfied: Trade Adjustment Assistance By letter dated February 21, 2006, a A. A significant number or proportion petitioner requested administrative of the workers in such workers’ firm, or In accordance with Section 223 of the reconsideration of the Department of an appropriate subdivision of the firm, Trade Act of 1974 (19 U.S.C. 2273) the Labor’s Notice of Negative have become totally or partially Department of Labor issued a Determination Regarding Eligibility to separated, or are threatened to become Certification of Eligibility to Apply for Apply for Worker Adjustment totally or partially separated; Assistance, applicable to workers of the Worker Adjustment Assistance on April B. The sales or production, or both, of subject firm. The denial notice was 27, 2004, applicable to workers of such firm or subdivision have decreased signed on February 7, 2006, and Newstech NY Inc, Deferiet, New York. absolutely; and published in the Federal Register on The workers are engaged in employment C. Increased imports of articles like or March 2, 2006 (71 FR 10716). related to the production of upholstery directly competitive with articles The investigation revealed that the fabrics. produced by such firm or subdivision petitioning workers of this firm or have contributed importantly to such New information provided by the subdivision do not produce an article workers’ separation or threat of petitioners indicates their intention was within the meaning of section 222 of the separation and to the decline in sales or to apply for all available Trade Act Act. production of such firm or subdivision; benefits at the time of the filing. The Department reviewed the request or Therefore, the Department has made a for reconsideration and has determined II. Section (a)(2)(B) both of the decision to investigate further to that the petitioner has provided following must be satisfied: determine if the workers are eligible to additional information. Therefore, the A. A significant number or proportion apply for Alternative Trade Adjustment Department will conduct further of the workers in such workers’ firm, or Assistance. investigation to determine if the workers an appropriate subdivision of the firm, The investigation revealed that a meet the eligibility requirements of the have become totally or partially significant number of workers of the Trade Act of 1974. separated, or are threatened to become subject firm are age 50 or over, workers Conclusion totally or partially separated; have skills that are not easily B. There has been a shift in After careful review of the transferable, and conditions in the production by such workers’ firm or application, I conclude that the claim is subdivision to a foreign country of industry are adverse. of sufficient weight to justify articles like or directly competitive with Review of this information shows that reconsideration of the Department of articles which are produced by such all eligibility criteria under Section 246 Labor’s prior decision. The application firm or subdivision; and of the Trade Act of 1974 (26 U.S.C. is, therefore, granted. C. One of the following must be 2813), as amended have been met for Signed at Washington, DC, this 14th of satisfied: workers at the subject firm. April, 2006. 1. The country to which the workers’ Accordingly, the Department is Elliott S. Kushner, firm has shifted production of the amending the certification to reflect its Certifying Officer, Division of Trade articles is a party to a free trade finding. Adjustment Assistance. agreement with the United States; The amended notice applicable to [FR Doc. E6–6092 Filed 4–21–06; 8:45 am] 2. The country to which the workers’ TA–W–54,254 is hereby issued as BILLING CODE 4510–30–P firm has shifted production of the follows: articles to a beneficiary country under ’’All workers of Newstech NY Inc, Deferiet, the Andean Trade Preference Act, DEPARTMENT OF LABOR New York, who became totally or partially African Growth and Opportunity Act, or separated from employment on or after the Caribbean Basin Economic Recovery Employment and Training Act; or February 11, 2003 through April 27, 2006, are Administration eligible to apply for adjustment assistance 3. There has been or is likely to be an under Section 223 of the Trade Act of 1974 Notice of Determinations Regarding increase in imports of articles that are and are also eligible to apply for Alternative Eligibility To Apply for Worker like or directly competitive with articles Trade Adjustment Assistance under Section Adjustment Assistance which are or were produced by such 246 of the Trade Act of 1974.’’ firm or subdivision. In accordance with section 223 of the Also, in order for an affirmative Signed at Washington, DC this 12th day of Trade Act of 1974, as amended, (19 determination to be made and a April 2006. U.S.C. 2273), the Department of Labor certification of eligibility to apply for Elliott S. Kushner, herein presents summaries of worker adjustment assistance as an Certifying Officer, Division of Trade determinations regarding eligibility to adversely affected secondary group to be Adjustment Assistance. apply for trade adjustment assistance for issued, each of the group eligibility [FR Doc. E6–6091 Filed 4–21–06; 8:45 am] workers (TA–W) number and alternative requirements of section 222(b) of the BILLING CODE 4510–30–P trade adjustment assistance (ATAA) by Act must be met.

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(1) Significant number or proportion TA–W–58,949; WWG Company, LLC, TA–W–59,156; Clover Yarn, Inc., Leased of the workers in the workers’ firm or Leased Wkrs of Sizemore Staffing Workers of Debbie’s Staffing an appropriate subdivision of the firm Services, Warrenton, GA: March 2, Services, Clover, VA: April 3, 2005. have become totally or partially 2005. Negative Determinations for Worker separated, or are threatened to become TA–W–58,950; Atlantic Luggage Adjustment Assistance totally or partially separated; Company, Ellwood City, PA: March (2) The workers’ firm (or subdivision) 2, 2005. In the following cases, the is a supplier or downstream producer to TA–W–58,973; Arcona Leather investigation revealed that the criteria a firm (or subdivision) that employed a Technologies, LLC, also known as for eligibility have not been met for the group of workers who received a JP Leather/Arcona Division, reasons specified. certification of eligibility to apply for Hudson, NC: February 24, 2005. The investigation revealed that trade adjustment assistance benefits and TA–W–58,976; Berkshire Weaving Corp., criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A) such supply or production is related to Lancaster, SC: March 1, 2005. (no employment decline) has not been the article that was the basis for such TA–W–58,980; Stora Enso North met. certification; and America, Stevens Point Paper Mill, TA–W–58,846; Alrs, Inc., dba Guilcraft (3) Either— Stevens Point, WI: March 7, 2005. of California, Rancho Dominquez, (A) The workers’ firm is a supplier TA–W–58,998; Action Apparel, Inc., On- CA. and the component parts it supplied for Site Leased Workers of Enterprise, TA–W–59,126; OTR Wheel Engineering, the firm (or subdivision) described in Ramer, TN: March 10, 2005. Inc., Quincy, IL. paragraph (2) accounted for at least 20 TA–W–59,002; Visa Jewelry The investigation revealed that percent of the production or sales of the Corporation, On-Site Leased criteria (a)(2)(A)(I.B.) (Sales or workers’ firm; or Workers of Temp Depot, Central production, or both, did not decline) (B) A loss of business by the workers’ Falls, RI: March 1, 2005. and (a)(2)(B)(II.B) (shift in production to firm with the firm (or subdivision) TA–W–59,008; Mr. LongArm, Inc., a foreign country) have not been met. described in paragraph (2) contributed Greenwood, MO: March 10, 2005. importantly to the workers’ separation TA–W–59,048; National Bedding Co., A None or threat of separation. Division of Serta Mattress, Linden, The investigation revealed that criteria (a)(2)(A)(I.C.)(increased imports) Affirmative Determinations for Worker NJ: March 1, 2005. TA–W–59,058; Jeffco Enterprises, and (a)(2)(B)(II.B) (No shift in Adjustment Assistance and Alternative production to a foreign country) have Trade Adjustment Assistance Hildebran, NC: March 17, 2005. The following certifications have been not been met. The following certifications have been issued. The requirements of (a)(2)(B) TA–W–58,651; Sheppard Frames, Inc., issued; the date following the company (shift in production) of Section 222 and Thomasville, NC. name and location of each Section 246(a)(3)(A)(ii) of the Trade Act TA–W–58,827; Stucki Embroidery determination references the impact have been met. Works, Inc., Fairview, NJ. date for all workers of such TA–W–58,960; Lesaffre Yeast Corp., Red TA–W–58,919; Western Textile Products determination. Company, Piedmont, SC. The following certifications have been Star Yeast Facility, A Division of Lesaffre International Corp., TA–W–58,923; Kadant Black Clawson, issued. The requirements of (a)(2)(A) Inc., A Subsidiary of Kadant, Inc., (increased imports) of Section 222 have Milwaukee, WI: February 28, 2005. TA–W–59,093; Dana Corporation, Fluid Rayville, LA. been met, and Section 246(a)(3)(A)(ii) of TA–W–58,943; Rexnord Industries, Inc., the Trade Act have been met. Routing Products, On-Site Leased Workers of Manpower, Paris, TN: Coupling Group, Warren, PA. TA–W–58,881; Paris Accessories, New March 27, 2005. TA–W–58,958; Alcan Global Smithville, PA: February 21, 2005. TA–W–59,028; General Electric Newark Pharmaceutical Packaging, Plastic TA–W–58,881A; Paris Accessories, Quartz, A Division of General Americas Division, Centralia, IL. Allentown, PA: February 21, 2005. Electric, Hebron, OH: February 28, TA–W–59,005; Leggett and Platt, Eastern TA–W–59,041; Kidde Fire Fighting, 2005. Division, York, PA. Division of UTC Fire and Security, TA–W–59,169; Moore Wallace, An RR The investigation revealed that Leased Wkrs of Augmentation, Donnelley Co., Pre-Press criteria (a)(2)(A)(I.C.)(Increased imports Manpower, Ranson, WV: March 14, Department, Nacogdoches, TX: and (a)(2)(B)(II.C) (has shifted 2005. March 30, 2005. production to a foreign country) have TA–W–59,103; Ceramo Company, Inc., not been met. Jackson, MO: March 27, 2005. The following certification has been TA–W–58,926; Triangle Suspension TA–W–59,106; Barcoview, Printed issued. The requirement of supplier to Systems, Steel Leaf Springs, Dubois, Circuit Boards and Video Displays, a trade certified firm and Section PA. Duluth, GA: March 23, 2005. 246(a)(3)(A)(ii) of the Trade Act have TA–W–58,955; Sony Magnetic Products, TA–W–59,140; MRC Industrial Group, been met. Inc. of America, Recorded Media Warren, MI: March 30, 2005. TA–W–59,120; Rabun Apparel, Inc., Division, Dothan, AL. TA–W–59,148; Valkyrie Co. (The), Division of Fruit of the Loom, Worchester, MA: March 29, 2005. Rabun Gap, GA: March 25, 2005. The workers firm does not produce an TA–W–58,924; Miller Desk, Inc., High TA–W–59,187; Terrell Brothers article as required for certification under Point, NC. February 3, 2005. Manufacturing Co., Denton, NC: Section 222 of the Trade Act of 1974. TA–W–58,833; Greenpak, Inc., Florence March 12, 2005. TA–W–58,926A; Triangle Suspension South Carolina Div., Leased Wkrs of The following certification has been Systems, Packaging Division, CMS, Olsten, Mega Force and Kel, issued. The requirement of downstream Dubois, PA. Florence, SC: February 9, 2005. producer to a trade certified firm and TA–W–59,007; Professional Distribution TA–W–58,833A; Greenpak, Inc., Section 246(a)(3)(A)(ii) of the Trade Act Services, Inc., A Division of the Parkersburg, WV: February 9, 2005. have been met. Lester Group, Martinsville, VA.

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TA–W–59,046; GE Aviation Engine TA–W–59,126; OTR Wheel Engineering, I hereby certify that the Services, West Coast Operations, Inc., Quincy, IL. aforementioned determinations were Ontario Plant #1, Ontario, CA. TA–W–58,651; Sheppard Frames, Inc., issued during the month of April 2006. TA–W–59,066; Maine Neurology, Thomasville, NC. Copies of These determinations are Scarborough, ME. TA–W–58,827; Stucki Embroidery available for inspection in Room C– TA–W–59,099; Delta Airlines, Inc, Delta Works, Inc., Fairview, NJ. 5311, U.S. Department of Labor, 200 Technical Operations Group, TA–W–58,919; Western Textile Products Constitution Avenue, NW., Washington, Atlanta, GA. Company, Piedmont, SC. DC 20210 during normal business hours TA–W–59,141; AT & T Consumer TA–W–58,923; Kadant Black Clawson, or will be mailed to persons who write Services, Subdivision of AT&T Inc., A Subsidiary of Kadant, Inc., to the above address. Rayville, LA. Corporation, Fairhaven, MA. Dated: April 17, 2006. The investigation revealed that TA–W–58,943; Rexnord Industries, Inc., Coupling Group, Warren, PA. Erica R. Cantor, criteria (2) has not been met. The Director, Division of Trade Adjustment workers firm (or subdivision) is not a TA–W–58,958; Alcan Global Pharmaceutical Packaging, Plastic Assistance. supplier or downstream producer to [FR Doc. E6–6095 Filed 4–21–06; 8:45 am] trade-affected companies. Americas Division, Centralia, IL. TA–W–59,005; Leggett and Platt, Eastern BILLING CODE 4510–30–P None. Division, York, PA. Affirmative Determinations for TA–W–58,926; Triangle Suspension Alternative Trade Adjustment Systems, Steel Leaf Springs, Dubois, DEPARTMENT OF LABOR Assistance PA. TA–W–58,955; Sony Magnetic Products, Employment and Training In order for the Division of Trade Inc. of America, Recorded Media Administration Adjustment Assistance to issue a Division, Dothan, AL. certification of eligibility to apply for TA–W–58,926A; Triangle Suspension [TA–W–58,921] Alternative Trade Adjustment Systems, Packaging Division, Assistance (ATAA) for older workers, Dubois, PA. Tawas Resources; Tawas City, MI; the group eligibility requirements of TA–W–59,007; Professional Distribution Notice of Termination of Investigation Section 246(a)(3)(A)(ii) of the Trade Act Services, Inc., A Division of the Pursuant to section 221 of the Trade must be met. Lester Group, Martinsville, VA. Act of 1974, as amended, an The following certifications have been TA–W–59,046; GE Aviation Engine investigation was initiated on March 1, issued; the date following the company Services, West Coast Operations, 2006 in response to a petition filed by name and location of each Ontario Plant #1, Ontario, CA. determination references the impact TA–W–59,066; Maine Neurology, a company official on behalf of workers date for all workers of such Scarborough, ME. at Tawas Resources, Tawas City, determinations. TA–W–59,099; Delta Airlines, Inc, Delta Michigan. In the following cases, it has been Technical Operations Group, The petitioner has requested that the determined that the requirements of Atlanta, GA. petition be withdrawn. Consequently, Section 246(a)(3)(ii) have been met. TA–W–59,141; AT& T Consumer the investigation has been terminated. I. Whether a significant number of Services, subdivision of AT&T Signed at Washington, DC this 10th of workers in the workers’ firm are 50 Corporation, Fairhaven, MA. April, 2006. years of age or older. The Department has determined that Elliott S. Kushner, II. Whether the workers in the criterion (1) of Section 246 has not been Certifying Officer, Division of Trade workers’ firm possess skills that are not met. Workers at the firm are 50 years of Adjustment Assistance. easily transferable. age or older. [FR Doc. E6–6096 Filed 4–21–06; 8:45 am] III. The competitive conditions within TA–W–58,973; Arcona Leather BILLING CODE 4510–30–P the workers’ industry (i.e., conditions Technologies, LLC, also known as within the industry are adverse). JP Leather/Arcona Division, Negative Determinations for Alternative Hudson, NC. DEPARTMENT OF LABOR Trade Adjustment Assistance The Department has determined that Employment and Training In order for the Division of Trade criterion (2) of Section 246 has not been Administration Adjustment Assistance to issue a met. Workers at the firm possess skills certification of eligibility to apply for that are easily transferable. [TA–W–59,154] Alternative Trade Adjustment TA–W–59,103; Ceramo Company, Inc., Assistance (ATAA) for older workers, Jackson, MO. TRW Automotive, Sterling Plant, the group eligibility requirements of TA–W–58,924; Miller Desk, Inc., High Sterling Heights, MI; Notice of Section 246(a)(3)(A)(ii) of the Trade Act Point, NC. Termination of Investigation must be met. TA–W–59,093; Dana Corporation, Fluid In the following cases, it has been Routing Products, On-Site Leased Pursuant to section 221 of the Trade determined that the requirements of Workers of Manpower, Paris, TN. Act of 1974, as amended, an Section 246(a)(3)(ii) have not been met TA–W–59,156; Clover Yarn, Inc., Leased investigation was initiated on April 5, for the reasons specified. Workers of Debbie’s Staffing 2006 in response to a worker petition Since the workers are denied Services, Clover, VA. filed by a company official on behalf of eligibility to apply for TAA, the workers The Department has determined that workers at TRW Automotive, Sterling cannot be certified eligible for ATAA. criterion (3) of Section 246 has not been Plant, Sterling Heights, Michigan. TA–W–58,846; Alrs, Inc., dba Guilcraft met. Competition conditions within the The petitioner has requested that the of California, Rancho Dominquez, workers’ industry are not adverse. petition be withdrawn. Consequently, CA. None the investigation has been terminated.

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Signed at Washington, DC this 12th day of free number), Fax: (202) 693–2874, e- Agency Form Number: ETA 191. April, 2006. mail: [email protected]. Affected Public: State Government. Elliott S. Kushner, SUPPLEMENTARY INFORMATION: Total Respondents: 53. Certifying Officer, Division of Trade Estimated Total Burden Hours: 212. Adjustment Assistance. I. Background Total Burden Cost (capital/startup): [FR Doc. E6–6099 Filed 4–21–06; 8:45 am] Public Law 97–362, Miscellaneous $0. BILLING CODE 4510–30–P Revenue Act of 1982, amended the Total Burden Cost (operating/ Unemployment Compensation for Ex- maintaining): $0. Servicemembers (UCX) law (5 U.S.C. Comments submitted in response to DEPARTMENT OF LABOR 8509), and Public Law 96–499, Omnibus this comment request will be Budget Reconciliation Act, amended the summarized and/or included in the Employment and Training Unemployment Compensation for request for Office of Management and Administration Federal Employees (UCFE) law (5 U.S.C. Budget approval of the information 8501, et. seq.) requiring each Federal collection request; they will also Proposed Collection for the ETA 191, employing agency to pay the costs of become a matter of public record. Statement of Expenditures and regular and extended UCFE/UCX Financial Adjustments of Federal Dated: April 11, 2006. benefits paid to its employees by the Funds for Unemployment Cheryl Atkinson, State Workforce Agencies (SWAs). The Compensation for Federal Employees Administrator, Office of Workforce Security. ETA 191 report submitted quarterly by and Ex-Servicemembers; Comment [FR Doc. E6–6080 Filed 4–21–06; 8:45 am] each SWA shows the amount of benefits Request BILLING CODE 4510–30–P that should be charged to each Federal ACTION: Notice. employing agency. The Office of Workforce Security uses this LEGAL SERVICES CORPORATION SUMMARY: The Department of Labor, as information to aggregate the SWA part of its continuing effort to reduce quarterly charges and submit one Sunshine Act Meetings of the Board of paperwork and respondent burden official bill to each Federal agency being Directors and Four of the Board’s conducts a preclearance consultation charged. Federal agencies then Committees program to provide the general public reimburse the Federal Employees and Federal agencies with an Compensation (FEC) Account TIMES AND DATES: The Legal Services opportunity to comment on proposed maintained by the U.S. Treasury. Corporation Board of Directors and four and/or continuing collections of II. Review Focus of its Committees will meet April 28 information in accordance with the and 29, 2006 in the order set forth in the The Department of Labor is Paperwork Reduction Act of 1995 following schedule, with each particularly interested in comments (PRA95) [44 U.S.C. 3506 (c)(2)(A)]. This subsequent meeting commencing program helps to ensure that requested which: • Evaluate whether the proposed shortly after adjournment of the prior data can be provided in the desired meeting. format, reporting burden (time and collection of information is necessary for the proper performance of the financial resources) is minimized, MEETING SCHEDULE collection instruments are clearly functions of the agency, including understood, and the impact of collection whether the information will have Time requirements on respondents can be practical utility; • properly assessed. Currently, the Evaluate the accuracy of the Friday, April 28, 2006: Employment and Training agency’s estimate of the burden of the 1. Provision for the Delivery of 1:30 p.m. Administration, Office of Workforce proposed collection of information, Legal Services Committee Security is soliciting comments including the validity of the (‘‘Provisions Committee’’). concerning the proposed extension of methodology and assumptions used; 2. Operations & Regulations • Committee. the collection for the ETA 191, Enhance the quality, utility, and clarity of the information to be Saturday, April 29, 2006: Statement of Expenditures and 1. Performance Reviews 8:30 a.m. Financial Adjustments of Federal Funds collected; and • Minimize the burden of the Committee. for Unemployment Compensation for 2. Finance Committee. Federal Employees and Ex- collection of information on those who 3. Board of Directors. Servicemembers. A copy of the are to respond, including through the use of appropriate automated, proposed information collection request LOCATION: The Chase Park Plaza Hotel, electronic, mechanical, or other (ICR) can be obtained by contacting the 212–232 N. Kingshighway Boulevard, technological collection techniques or office listed below in the addressee St. Louis, Missouri. other forms of information technology, section of this notice or by accessing: STATUS OF MEETINGS: Open, except as http://www.doleta.gov/Performance/ e.g., permitting electronic submissions of responses. noted below. guidance/OMBControlNumber.cfm. • Status: April 29, 2006 Performance DATES: Written comments must be III. Current Actions Reviews Committee Meeting—Closed. submitted to the office listed in the Type of Review: Regular. The meeting of the Performance addressee section below on or before Agency: Employment and Training Reviews Committee may be closed to June 23, 2006. Administration the public pursuant to a vote of the ADDRESSES: Thomas Stengle, U.S. Title: Statement of Expenditures and Board of Directors authorizing the Department of Labor, Employment and Financial Adjustments of Federal Funds Committee to meet in executive session Training Administration, Room S4231, for Unemployment Compensation for to consider and act on the annual 200 Constitution Avenue, NW., Federal Employees and Ex- performance review of the Inspector Washington, DC 20210, Servicemembers (UCFE/UCX) General. The closing will be authorized Phone:(202)693–2991 (This is not a toll- OMB Number: 1205–0162. by the relevant provision(s) of the

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Government in the Sunshine Act [5 services in urban and rural service Saturday, April 29, 2006. U.S.C. 552b(c)(6)] and the Legal Services areas. There will be a discussion about Performance Reviews Committee Corporation’s corresponding regulation, the various approaches and models 45 CFR 1622.5(e). A copy of the General used, and identification of some of the Agenda Counsel’s Certification that the closing issues, challenges and opportunities of Closed Session is authorized by law will be available participating in various private attorney upon request. involvement models. Panelists will 1. Approval of agenda • Status: April 29, 2006 Board of share their thoughts on what can be 2. Consider and act on annual Directors Meeting—Open, except that a done to better facilitate and encourage performance review of LSC Inspector portion of the meeting of the Board of private attorney involvement in LSC- General • Directors may be closed to the public funded programs. Meet with Kirt West pursuant to a vote of the Board of • Panel Members: 3. Consider and act on other business Directors to hold an executive session. • Daniel K. Glazier—Executive 4. Consider and act on adjournment of At the closed session, the Board will Director, Legal Services of Eastern meeting consider and may act on the General Missouri, St. Louis, Missouri Finance Committee Counsel’s report on litigation to which • Sara E. Strattan—Executive Agenda the Corporation is or may become a Director, Community Legal Aid party, discuss internal procedures with Services, Akron, Ohio Open Session and receive briefings on investigations • Adam Burkemper—Burkemper Law from the IG,1 and consider and may act 1. Approval of agenda Firm LLC, St. Louis, Missouri 2. Approval of the minutes of the on the report of the Annual Performance • Thomas Glick—Glick Finley LLC, Committee’s meeting of January 27, Reviews Committee on the performance St. Louis, Missouri review of the Corporation’s President 2006 5. Status report by Sarah Singleton, 3. Presentation by the Inspector and IG. The closing is authorized by the Chairman of the ABA Task Force General of the Fiscal Year 2005 Annual relevant provisions of the Government revising the ABA Standards for Financial Audit in the Sunshine Act [5 U.S.C. Providers of Civil Legal Services to the 4. Presentation on LSC’s Financial 552b(c)(10), 552b(c)(2) and 552b(c)(6)] Poor, on the current status of the Reports for the first six months of FY and LSC’s implementing regulation 45 revisions 2006 CFR 1622.5(h), 1622.5(a) and 1622.5(e). 6. Staff update on revision of LSC 5. Consider and act on revisions to the A copy of the General Counsel’s Performance Criteria Consolidated Operating Budget for FY Certification that the closing is 7. Staff update on LSC Leadership 2006 and recommend Resolution 2006– authorized by law will be available Mentoring Pilot Project 006 to the full Board upon request. 8. Public comment 6. Report on FY 2007 appropriations MATTERS TO BE CONSIDERED: 9. Consider and act on other business process Friday, April 28, 2006. 10. Consider and act on adjournment 7. Consider and act on change of of meeting address notification to Diversified Provisions Committee Investment Advisers and recommend Operations & Regulations Committee Agenda Resolution 2006–007 to the full Board Agenda 8. Consider and act on other business Open Session 9. Public comment 1. Approval of agenda Open Session 10. Consider and act on adjournment 2. Approval of the Committee’s 1. Approval of agenda of meeting meeting minutes of January 27, 2006 2. Approval of the Open Session Board of Directors 3. Staff report on LSC’s PAI strategy minutes of the Committee’s January 27, development 2006 meeting Agenda 4. Panel discussion on Private 3. Approval of the Closed Session Open Session Attorney Involvement in LSC-funded minutes of the Committee’s January 28, programs Moderator: Karen Sarjeant, 2006 meeting 1. Approval of agenda LSC Vice President for Programs and 4. Consider and act on Draft Notice of 2. Approval of minutes of the Board’s Compliance Proposed Rulemaking to revise 45 CFR meeting of January 28, 2006 • The panel will continue the Part 1624, Prohibition Against 3. Approval of minutes of the discussion of private attorney Discrimination on the Basis of Handicap Executive Session of the Board’s meeting of January 28, 2006 involvement efforts and the a. Staff report 4. Chairman’s Report opportunities and challenges b. Public comment encountered by legal services offices in 5. Consider and act on Resolution 5. Consider and act on rulemaking to 2006–004 recognizing Board service of effectively utilizing private attorneys in revise 45 CFR part 1621, Client their legal services delivery to eligible Florentino ‘‘Lico’’ Subia Grievance Procedure 6. Consider and act on Resolution clients. Panelists will share their a. Staff report experiences in using Judicare and pro 2006–005 recognizing Board service of b. Public comment bono models with smaller firms and Ernestine Watlington 6. Consideration of other regulations solo practitioners to deliver legal 7. Members’ Reports to review 8. President’s Report 1 Any portion of the closed session consisting 7. Staff report on dormant class action 9. Inspector General’s Report solely of staff briefings does not fall within the cases 10. Consider and act on the report of Sunshine Act’s definition of the term ‘‘meeting’’ 8. Consider and act on other business the Committee on Provision for the and, therefore, the requirements of the Sunshine 9. Other public comment Act do not apply to such portion of the closed Delivery of Legal Services session. 5 U.S.C. 552(b)(a)(2) and (b). See also 45 10. Consider and act on adjournment 11. Consider and act on the report of CFR 1622.2 & 1622.3. of meeting the Finance Committee

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12. Consider and act on the report of income which will result in the the Office of Management and Budget the Operations & Regulations Committee termination of their annuity benefits. (OMB) a request for review of an 13. Consider and act on Board’s Comments are particularly invited on: existing information collection. SF meeting schedule for calendar year 2007 whether this collection of information is 2803, Application to Make Deposit or 14. Consider and act on other necessary for the proper performance of Redeposit (CSRS), and SF 3108, business functions of the Office of Personnel Application to Make Service Credit 15. Public comment Management, and whether it will have Payment for Civilian Service (FERS), are 16. Consider and act on whether to practical utility; whether our estimate of applications to make payment used by authorize an executive session of the the public burden of this collection of persons who are eligible to pay for Board to address items listed below information is accurate, and based on Federal service which was not subject to under Closed Session valid assumptions and methodology; retirement deductions and/or for and ways in which we can minimize the Closed Session Federal service which was subject to burden of the collection of information retirement deductions which were 17. Consider and act on the report of on those who are to respond, through subsequently refunded to the applicant. the Performance Reviews Committee the use of appropriate technological 18. Consider and act on General collection techniques or other forms of Comments are particularly invited on: Counsel’s report on potential and information technology. Whether this collection of information pending litigation involving LSC We estimate 21,000 RI 30–2 forms are is necessary for the proper performance 19. IG briefing on improvements in completed annually. The RI 30–2 takes of functions of the Office of Personnel corporate governance approximately 35 minutes to complete Management, and whether it will have 20. IG briefing on congressional for an estimated annual burden of practical utility; whether our estimate of investigation 12,250 hours. the public burden of this collection of 21. IG briefing on other investigations For copies of this proposal, contact information is accurate, and based on 22. Discussion of internal procedures Mary Beth Smith-Toomey on (202) 606– valid assumptions and methodology; with OIG 8358, FAX (202) 418–3251 or via E-mail and ways in which we can minimize the 23. Consider and act on motion to to [email protected]. burden of the collection of information adjourn meeting Please include a mailing address with on those who are to respond, through CONTACT PERSON FOR INFORMATION: your request. the use of appropriate technological Patricia D. Batie, Manager of Board DATES: Comments on this proposal collection techniques or other forms of Operations, at (202) 295–1500. should be received within 60 calendar information technology. SPECIAL NEEDS: Upon request, meeting days from the date of this publication. In addition to the current Federal notices will be made available in ADDRESSES: Send or deliver comments employees who will use these forms, we alternate formats to accommodate visual to Pamela S. Israel, Chief, Operations expect to receive approximately 75 and hearing impairments. Individuals Support Group, Center for Retirement filings of each form from former Federal who have a disability and need an and Insurance Services, U.S. Office of employees per year. This gives us a total accommodation to attend the meeting Personnel Management, 1900 E Street, of 150 filings. Each form takes may notify Patricia D. Batie, at (202) NW., Room 3349, Washington, DC approximately 30 minutes to complete. 295–1500. 20415–3540. The annual burden is 75 hours. Dated: April 19, 2006. For Information Regarding For copies of this proposal, contact Victor M. Fortuno, Administrative Coordination Contact: Mary Beth Smith-Toomey on (202) 606– Vice President for Legal Affairs, General Cyrus S. Benson, Team Leader, 8358, FAX (202) 418–3251 or via E-mail Counsel & Corporate Secretary. Publications Team, RIS Support to [email protected]. [FR Doc. 06–3888 Filed 4–20–06; 9:04 am] Services/Support Group, (202) 606– Please include a mailing address with 0623. BILLING CODE 7050–01–P your request. U.S. Office of Personnel Management. DATES: Comments on this proposal Linda M. Springer, should be received within 60 calendar OFFICE OF PERSONNEL Director. days from the date of this publication. MANAGEMENT [FR Doc. 06–3824 Filed 4–21–06; 8:45 am] BILLING CODE 6325–38–P ADDRESSES: Send or deliver comments Proposed Collection; Comment to Pamela S. Israel, Chief, Operations Request for Review of a Revised Support Group, Center for Retirement Information Collection: RI 30–2 OFFICE OF PERSONNEL and Insurance Service, U.S. Office of MANAGEMENT Personnel Management, 1900 E Street, AGENCY: Office of Personnel NW., Room 3349, Washington, DC Management. Proposed Collection; Comment 20415–3540. ACTION: Notice. Request for Review of an Existing For Information Regarding Information Collection: SF 2803 and SF SUMMARY: Administrative Coordination Contact: In accordance with the 3108 Paperwork Reduction Act of 1995 (Pub. Cyrus S. Benson, Team Leader, L. 104–13, May 22, 1995), this notice AGENCY: Office of Personnel Publications Team, RIS Support announces that the Office of Personnel Management. Services/Support Group, (202) 606– Management (OPM) intends to submit to ACTION: Notice. 0623. the Office of Management and Budget U.S. Office of Personnel Management. (OMB) a request for review of a revised SUMMARY: In accordance with the information collection. RI 30–2, Paperwork Reduction Act of 1995 (Pub. Linda M. Springer, Annuitant’s Report of Earned Income, is L. 104–13, May 22, 1995), this notice Director. used annually to determine if disability announces that the Office of Personnel [FR Doc. 06–3825 Filed 4–21–06; 8:45 am] retirees under age 60 have earned Management (OPM) intends to submit to BILLING CODE 6325–38–P

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OFFICE OF PERSONNEL Publications Team, RIS Support Support Group, Center for Retirement MANAGEMENT Services/Support Group, (202) 606– and Insurance Services, U.S. Office of 0623. Personnel Management, 1900 E Street, Proposed Collection; Comment U.S. Office of Personnel Management. NW., Room 3349, Washington, DC Request for Review of a Revised Linda M. Springer, 20415–3540. Information Collection: RI 30–9 For Information Regarding Director. Administrative Coordination Contact: AGENCY: Office of Personnel [FR Doc. 06–3826 Filed 4–21–06; 8:45 am] Cyrus S. Benson, Team Leader, Management. BILLING CODE 6325–38–P Publications Team, RIS Support ACTION: Notice. Services/Support Group, (202) 606– SUMMARY: In accordance with the OFFICE OF PERSONNEL 0623. Paperwork Reduction Act of 1995 (Pub. MANAGEMENT U.S. Office of Personnel Management. L. 104–13, May 22, 1995), this notice Linda M. Springer, announces that the Office of Personnel Proposed Collection; Comment Director. Management (OPM) intends to submit to Request for Review of an Existing [FR Doc. 06–3827 Filed 4–21–06; 8:45 am] the Office of Management and Budget Information Collection: RI 25–15 BILLING CODE 6325–38–P (OMB) a request for review of a revised AGENCY: Office of Personnel information collection. RI 30–9, Management. Reinstatement of Disability Annuity SECURITIES AND EXCHANGE Previously Terminated Because of ACTION: Notice. COMMISSION Restoration to Earning Capacity, informs SUMMARY: In accordance with the former disability annuitants of their Paperwork Reduction Act of 1995 (Pub. [Release No. IC–27290; 812–13012] right to request restoration under title 5, L. 104–13, May 22, 1995 and 5 CFR Bridgeway Funds, Inc., et al.; Notice of U.S.C. 8337. It also specifies the 1320), this notice announces that the Application conditions to be met and the Office of Personnel Management (OPM) documentation required for a person to intends to submit to the Office of April 18, 2006. request reinstatement. Management and Budget (OMB) a AGENCY: Securities and Exchange Comments are particularly invited on: request for review of an existing Commission (‘‘Commission’’). Whether this collection of information information collection. RI 25–15, Notice ACTION: Notice of application for an is necessary for the proper performance of Change in Student’s Status, is used to of functions of the Office of Personnel order under (i) section 6(c) of the collect sufficient information from adult Investment Company Act of 1940 (the Management, and whether it will have children of deceased Federal employees practical utility; whether our estimate of ‘‘Act’’) granting an exemption from or annuitants to assure that the child sections 18(f) and 21(b) of the Act; (ii) the public burden of this collection of continues to be eligible for payments information is accurate, and based on section 12(d)(1)(J) of the Act granting an from OPM. exemption from section 12(d)(1) of the valid assumptions and methodology; Comments are particularly invited on: and ways in which we can minimize the Act; (iii) sections 6(c) and 17(b) of the —Whether this collection of information Act granting an exemption from sections burden of the collection of information is necessary for the proper on those who are to respond, through 17(a)(1) and 17(a)(3) of the Act; and (iv) performance of functions of the Office section 17(d) of the Act and rule 17d– the use of appropriate technological of Personnel Management, and collection techniques or other forms of 1 under the Act to permit certain joint whether it will have practical utility; transactions. information technology. —Whether our estimate of the public Approximately 200 forms are burden of this collection is accurate, Summary of Application: Applicants completed annually. The form takes and based on valid assumptions and request an order that would permit approximately 60 minutes to respond, methodology; and certain registered open-end management including a medical examination. The —Ways in which we can minimize the investment companies to participate in annual estimated burden is 200 hours. burden of the collection of a joint lending and borrowing facility. Burden may vary depending on the time information on those who are to Applicants: Bridgeway Funds Inc. required for a medical examination. For respond, through use of the (‘‘Bridgeway’’) and Bridgeway Capital copies of this proposal, contact Mary appropriate technological collection Management, Inc. (the ‘‘Adviser’’). Beth Smith-Toomey on (202) 606–8358, techniques or other forms of Filing Dates: The application was FAX (202) 418–3251 or via E-mail to information technology. filed on August 28, 2003, and amended [email protected]. Approximately 2,500 certifications are on April 12, 2006. Please include a mailing address with processed annually. We estimate that Hearing or Notification of Hearing: An your request. each form takes approximately 20 order granting the application will be DATES: Comments on this proposal minutes to complete. The annual issued unless the Commission orders a should be received within 60 calendar estimated burden is 835 hours. hearing. Interested persons may request days from the date of this publication. For copies of this proposal, contact a hearing by writing to the ADDRESSES: Send or deliver comments Mary Beth Smith-Toomey on (202) 606– Commission’s Secretary and serving to Pamela S. Israel, Chief, Operations 8358, FAX (202) 418–3251 or E-mail to applicants with a copy of the request, Support Group, Center for Retirement MaryBeth [email protected]. personally or by mail. Hearing requests and Insurance Service, U.S. Office of Please include your mailing address should be received by the Commission Personnel Management, 1900 E Street, with your request. by 5:30 p.m. on May 15, 2006 and NW., Room 3349, Washington, DC DATES: Comments on this proposal should be accompanied by proof of 20415–3540. should be received within 60 calendar service on the applicants, in the form of For Information Regarding days from the date of this publication. an affidavit or, for lawyers, a certificate Administrative Coordination Contact: ADDRESSES: Send or deliver comments of service. Hearing requests should state Cyrus S. Benson, Team Leader, to Pamela S. Israel, Chief, Operations the nature of the writer’s interest, the

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reason for the request, and the issues instruments of the same maturity as the a borrowing Fund would pay lower contested. Persons who wish to be bank loan. Applicants state that this interest rates than those offered by notified of a hearing may request differential represents the profit the banks on short-term loans. In addition, notification by writing to the banks would earn for serving as a Funds making short-term cash loans Commission’s Secretary. middleman between a borrower and directly to other Funds would earn ADDRESSES: Secretary, U.S. Securities lender. interest at a rate higher than they and Exchange Commission, 100 F 4. Applicants request an order that otherwise could obtain from investing Street, NE., Washington, DC 20549– would permit the Funds to enter into their cash in repurchase agreements. 1090; Applicants, 5615 Kirby Drive, Ste interfund lending agreements Thus, applicants believe that the 518, Houston, TX 77005–2448. (‘‘Interfund Lending Agreements’’) proposed credit facility would benefit under which the Funds would lend and FOR FURTHER INFORMATION CONTACT: John both borrowing and lending Funds. Yoder, Senior Counsel, at (202) 551– borrow money for temporary purposes 8. The interest rate charged to the 6878, or Mary Kay Frech, Branch Chief, directly to and from each other through Funds on any Interfund Loan at (202) 551–6821 (Division of a credit facility (‘‘Interfund Loan’’). (‘‘Interfund Loan Rate’’) would be the Applicants believe that the credit average of the ‘‘Repo Rate’’ and the Investment Management, Office of facility would reduce the Funds’ ‘‘Bank Loan Rate,’’ both as defined Investment Company Regulation). borrowing costs and enhance their below. The Repo Rate for any day would SUPPLEMENTARY INFORMATION: The ability to earn higher interest rates on be the highest rate available to the following is a summary of the short-term investments. Although the Funds from investing in overnight application. The complete application credit facility would reduce the Funds’ repurchase agreements. The Bank Loan may be obtained for a fee at the Public need to borrow from banks, the Funds Rate for any day would be calculated by Reference Desk, U.S. Securities and would be free to establish new lines of the Credit Facility Team (as defined Exchange Commission, 100 F Street, credit or other borrowing arrangements below) each day an Interfund Loan is NE., Washington DC 20549–0102 with banks. made according to a formula established (telephone (202) 551–5850). 5. Applicants anticipate that the by a Fund’s board of directors (‘‘Board’’) Applicants’ Representations credit facility would provide a designed to approximate the lowest borrowing Fund with significant savings interest rate at which bank short-term Bridgeway is organized as a Maryland when the cash position of the Fund is loans would be available to the Funds. corporation and is registered under the insufficient to meet temporary cash The formula would be based upon a Act as an open-end management requirements. This situation could arise 1 publicly available rate (e.g., Federal investment company. Bridgeway is when redemptions exceed expected funds plus 25 basis points) and would comprised of multiple series (each a volumes and certain Funds have vary with this rate so as to reflect ‘‘Fund’’, and together the ‘‘Funds’’). The insufficient cash to satisfy such changing bank loan rates. The Board of Adviser is registered under the redemptions. When a Fund liquidates each Fund would periodically review Investment Advisers Act of 1940 and portfolio securities to meet redemption the continuing appropriateness of using serves as investment adviser to the requests, it often does not receive the publicly available rate, as well as the Funds. payment in settlement for up to three relationship between the Bank Loan 2. Some Funds may lend money to days (or longer for certain foreign Rate and current bank loan rates that banks or other entities by entering into transactions). The credit facility would would be available to the Funds. The repurchase agreements or purchasing provide a source of immediate, short- initial formula and any subsequent other short-term instruments. Other term liquidity pending settlement of the modifications to the formula would be Funds may need to borrow money from sale of portfolio securities. subject to the approval of the Board. the same or similar banks or other 6. Applicants also propose using the 9. The credit facility would be entities for temporary purposes to credit facility when a sale of securities administered by a representative of satisfy redemption requests, to cover fails due to circumstances beyond a Bridgeway’s accounting department, an unanticipated cash shortfalls such as a Fund’s control, such as a delay in the investment professional within the trade ‘‘fail’’ in which cash payment for delivery of cash to a Fund’s custodian Adviser (‘‘Portfolio Manager’’), and the a security sold by a Fund has been or improper delivery instructions by the compliance officer for Bridgeway delayed, or for other temporary broker effecting the transaction. Sales (collectively, the ‘‘Credit Facility purposes. fails may present a cash shortfall if a Team’’). Under the proposed credit 3. If the Funds were to borrow money Fund has undertaken to purchase facility, the portfolio managers for each from banks, the Funds would pay securities using the proceeds from the participating Fund could provide interest on the borrowed cash at a rate securities sold. Under such standing instructions to participate that would be higher than the rate that circumstances, the Fund could fail on daily as a borrower or lender. On each would be earned by them on repurchase its intended purchase due to lack of business day, the Credit Facility Team agreements and other short-term funds from the previous sale, resulting would collect data on the uninvested in additional cost to the Fund, or sell a cash and borrowing requirements of all 1 Applicants request that the relief apply to any security on a same day settlement basis, participating Funds from the Funds’ other existing or future registered open-end management investment company or series thereof earning a lower return on the custodian. Once it determined the that is advised by the Adviser or any person investment. Use of the credit facility aggregate amount of cash available for controlling, controlled by, or under common under these circumstances would loans and borrowing demand, the Credit control with the Adviser or its successors (included enable the Fund to have access to Facility Team would allocate loans in the term ‘‘Funds’’). The term ‘‘successor’’ is limited to entities that result from a reorganization immediate short-term liquidity without among borrowing Funds without any into another jurisdiction or a change in the type of incurring custodian overdraft or other further communication from portfolio business organization. All existing Funds that charges. managers (other than the Portfolio currently intend to rely on the requested order have 7. While bank borrowings could Manager as a member of the Credit been named as applicants. Any other existing or future Fund that relies on the order in the future supply needed cash to cover Facility Team). Applicants expect far will comply with the terms and conditions of the unanticipated redemptions and sales more available uninvested cash each application. fails, under the proposed credit facility day than borrowing demand. All

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allocations would require approval of at concerning the credit facility in its from causing or inducing the investment least one member of the Credit Facility prospectus and/or statement of company to engage in lending Team who is not the Portfolio Manager. additional information (‘‘SAI’’); and (c) transactions that unfairly inure to the After the Credit Facility Team has the Fund’s participation in the credit benefit of such party and that are allocated cash for Interfund Loans, the facility is consistent with its investment detrimental to the best interests of the Credit Facility Team would invest any policies, limitations, and organizational investment company and its remaining cash in accordance with the documents. shareholders. Applicants assert that the standing instructions of portfolio 14. In connection with the credit proposed credit facility transactions do managers or return remaining amounts facility, applicants request an order not raise these concerns because: (a) The to the Funds. under (a) section 6(c) of the Act granting Adviser through the Credit Facility 10. The Credit Facility Team would relief from sections 18(f) and 21(b) of Team would administer the program as allocate borrowing demand and cash the Act; (b) section 12(d)(1)(J) of the Act a disinterested fiduciary; (b) all available for lending among the Funds granting relief from section 12(d)(1) of Interfund Loans would consist only of on what the Credit Facility Team the Act; (c) sections 6(c) and 17(b) of the uninvested cash reserves that the Funds believes to be an equitable basis, subject Act granting relief from sections 17(a)(1) otherwise would invest in short-term to certain administrative procedures and 17(a)(3) of the Act; and (d) under repurchase agreements or other short- applicable to all Funds, such as the time section 17(d) and rule 17d–1 under the term instruments; (c) the Interfund of filing requests to participate, Act to permit certain joint arrangements. Loans would not involve a greater risk minimum loan lot sizes, and the need to Applicants’ Legal Analysis than such other investments; (d) the minimize the number of transactions lending Fund would receive interest at and associated administrative costs. To 1. Section 17(a)(3) generally prohibits a rate higher than it could obtain reduce transaction costs, each loan any affiliated person, or affiliated through such other investments; and (e) normally would be allocated in a person of an affiliated person, from the borrowing Fund would pay interest manner intended to minimize the borrowing money or other property from at a rate lower than otherwise available number of participants necessary to a registered investment company. to it under its bank loan agreements and complete the loan transaction. The Section 21(b) generally prohibits any avoid the up-front commitment fees method of allocation and related registered management company from associated with committed lines of administrative procedures would be lending money or other property to any credit. Moreover, applicants believe that approved by each Fund’s Board, person if that person controls or is the other conditions in the application including a majority of trustees who are under common control with the would effectively preclude the not ‘‘interested persons’’ of the Fund, as company. Section 2(a)(3)(C) of the Act possibility of any Fund obtaining an defined in section 2(a)(19) of the Act defines an ‘‘affiliated person’’ of another undue advantage over any other Fund. (‘‘Independent Directors’’), to ensure person, in part, to be any person directly 4. Section 17(a)(1) generally prohibits that both borrowing and lending Funds or indirectly controlling, controlled by, an affiliated person of a registered participate on an equitable basis. or under common control with, the investment company, or an affiliated 11. The Credit Facility Team would other person. Applicants state that the person of an affiliated person, from (a) monitor the interest rates charged Funds may be under common control by selling any securities or other property and other terms and conditions of the virtue of having the Adviser as their to the company. Section 12(d)(1) Interfund Loans; (b) limit the common investment advisor and/or by generally makes it unlawful for a borrowings and loans entered into by reason of having common officers and/ registered investment company to each Fund to ensure that they comply or directors. purchase or otherwise acquire any with the Fund’s investment policies and 2. Section 6(c) provides that an security issued by any other investment limitations; (c) ensure equitable exemptive order may be granted where company except in accordance with the treatment of each Fund; and (d) make an exemption is necessary or limitations set forth in that section. quarterly reports to the Board appropriate in the public interest and Applicants state that the obligation of a concerning any transactions by the consistent with the protection of borrowing Fund to repay an Interfund Funds under the credit facility and the investors and the purposes fairly Loan may constitute a security under Interfund Loan Rate charged. intended by the policy and provisions of sections 17(a)(1) and 12(d)(1). Section 12. The Adviser, through the Credit the Act. Section 17(b) authorizes the 12(d)(1)(J) provides that the Commission Facility Team, would administer the Commission to exempt a proposed may exempt persons or transactions credit facility as a disinterested transaction from section 17(a) provided from any provision of section 12(d)(1) if fiduciary, and would receive no that the terms of the transaction, and to the extent such exemption is additional fee for its services. The including the consideration to be paid consistent with the public interest and Adviser may collect standard or received, are fair and reasonable and the protection of investors. Applicants recordkeeping, bookkeeping and do not involve overreaching on the part contend that the standards under accounting fees associated with the of any person concerned, and the sections 6(c), 17(b), and 12(d)(1)(J) are transfer of cash and/or securities in transaction is consistent with the policy satisfied for all the reasons set forth connection with repurchase and lending of the investment company as recited in above in support of their request for transactions generally, including its registration statement and with the relief from sections 17(a)(3) and 21(b) transactions effected through the credit general purposes of the Act. Applicants and for the reasons discussed below. facility. Fees for these services would be believe that the proposed arrangements 5. Applicants state that section no higher than those applicable for satisfy these standards for the reasons 12(d)(1) was intended to prevent the comparable bank loan transactions. discussed below. pyramiding of investment companies in 13. No Fund may participate in the 3. Applicants submit that sections order to avoid imposing on investors credit facility unless: (a) The Fund has 17(a)(3) and 21(b) of the Act were additional and duplicative costs and obtained shareholder approval for its intended to prevent a party with strong fees attendant upon multiple layers of participation, if such approval is potential adverse interests to, and some investment companies. Applicants required by law; (b) the Fund has fully influence over the investment decisions submit that the proposed credit facility disclosed all material information of, a registered investment company does not involve these abuses.

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Applicants note that there will be no on loaned funds to all participating equivalent percentage of collateral to duplicative costs or fees to the Funds or Funds and their shareholders. loan value as any outstanding loan that shareholders, and that the Adviser will Applicants note that each Fund would requires collateral. If a Fund’s total receive no additional compensation for have an equal opportunity to borrow outstanding borrowings immediately its services in administering the credit and lend on equal terms consistent with after an interfund borrowing would be facility through the Credit Facility its investment policies and fundamental greater than 10% of its total assets, the Team. Applicants also note that the limitations. Applicants therefore believe Fund may borrow through the credit purpose of the proposed credit facility that each Fund’s participation in the facility on a secured basis only. A Fund is to provide economic benefits for all credit facility will be on terms that are may not borrow through the credit of the participating Funds and their no different from or less advantageous facility or from any other source if its shareholders. than that of other participating Funds. total borrowings immediately after the 6. Section 18(f)(1) prohibits open-end interfund borrowing would be more Applicants’ Conditions investment companies from issuing any than 331⁄3% of its total assets or its senior security except that a company is Applicants agree that any order maximum borrowing limit set forth in permitted to borrow from any bank, if granting the requested relief will be the Fund’s investment restrictions, immediately after the borrowing, there subject to the following conditions: whichever is less. is asset coverage of at least 300 per 1. The Interfund Loan Rate to be 5. Before any Fund that has centum for all borrowings of the charged to the Funds under the credit outstanding interfund borrowings may, company. Under section 18(g) of the facility will be the average of the Repo through additional borrowings, cause its Act, the term ‘‘senior security’’ includes Rate and the Bank Loan Rate. outstanding borrowings from all sources any bond, debenture, note or similar 2. On each business day, the Credit to exceed 10% of its total assets, the obligation or instrument constituting a Facility Team will compare the Bank Fund must first secure each outstanding security and evidencing indebtedness. Loan Rate with the Repo Rate and will Interfund Loan by the pledge of Applicants request relief from section make cash available for Interfund Loans segregated collateral with a market 18(f)(1) to the limited extent necessary only if the Interfund Loan Rate is (a) value at least equal to 102% of the to implement the credit facility (because more favorable to the lending Fund than outstanding principal value of the loan. the lending Funds are not banks). the Repo Rate, and, if applicable, the If the total outstanding borrowings of a 7. Applicants believe that granting yield of any money market fund in Fund with outstanding Interfund Loans relief under section 6(c) is appropriate which the lending Fund could exceed 10% of its total assets for any because the Funds would remain otherwise invest and (b) more favorable other reason (such as a decline in net subject to the requirement of section to the borrowing Fund than the Bank asset value or because of shareholder 18(f)(1) that all borrowings of the Fund, Loan Rate. redemptions), the Fund will within one including combined interfund and bank 3. If a Fund has outstanding business day thereafter (a) repay all its borrowings, have at least 300% asset borrowings, any Interfund Loans to the outstanding Interfund Loans; (b) reduce coverage. Based on the conditions and Fund (a) will be at an interest rate equal its outstanding indebtedness to 10% or safeguards described in the application, to or lower than any outstanding bank less of its total assets; or (c) secure each applicants also submit that to allow the loan; (b) will be secured at least on an outstanding Interfund Loan by the Funds to borrow from other Funds equal priority basis with at least an pledge of segregated collateral with a pursuant to the proposed credit facility equivalent percentage of collateral to market value at least equal to 102% of is consistent with the purposes and loan value as any outstanding bank loan the outstanding principal value of the policies of section 18(f)(1). that requires collateral; (c) will have a loan until the Fund’s total outstanding 8. Section 17(d) and rule 17d–1 maturity no longer than any outstanding borrowings cease to exceed 10% of its generally prohibit any affiliated person bank loan (and in any event not over total assets, at which time the collateral of a registered investment company, or seven days); and (d) will provide that, called for by this condition (5) shall no affiliated persons of an affiliated person, if an event of default occurs under any longer be required. Until each Interfund when acting as principal, from effecting agreement evidencing an outstanding Loan that is outstanding at any time that any joint transactions in which the bank loan to the Fund, that event of a Fund’s total outstanding borrowings company participates unless the default will automatically (without need exceeds 10% is repaid or the Fund’s transaction is approved by the for action or notice by the lending Fund) total outstanding borrowings cease to Commission. Rule 17d–1 provides that constitute an immediate event of default exceed 10% of its total assets, the Fund in passing upon applications filed under under the Interfund Lending Agreement will mark the value of the collateral to the rule, the Commission will consider entitling the lending Fund to call the market each day and will pledge such whether the participation of a registered Interfund Loan (and exercise all rights additional collateral as is necessary to investment company in a joint with respect to any collateral) and that maintain the market value of the enterprise on the basis proposed is such call will be made if the lending collateral that secures each outstanding consistent with the provisions, policies, bank exercises its right to call its loan Interfund Loan at least equal to 102% of and purposes of the Act and the extent under its agreement with the borrowing the outstanding principal value of the to which the company’s participation is Fund. loan. on a basis different from or less 4. A Fund may make an unsecured 6. No Fund may lend to another Fund advantageous than that of other borrowing through the credit facility if through the credit facility if the loan participants. its outstanding borrowing from all would cause its aggregate outstanding 9. Applicants submit that the purpose sources immediately after the interfund loans through the credit facility to of section 17(d) is to avoid overreaching borrowing total 10% or less than its exceed 15% of its net assets at the time by and unfair advantage to investment total assets, provided that if the Fund of the loan. company insiders. Applicants believe has a secured loan outstanding from any 7. A Fund’s Interfund Loans to any that the credit facility is consistent with other lender, including but not limited one Fund shall not exceed 5% of the the provisions, policies, and purposes of to another Fund, the Fund’s interfund lending Fund’s net assets. the Act in that it offers both reduced borrowing will be secured on at least an 8. The duration of Interfund Loans borrowing costs and enhanced returns equal priority basis with at least an will be limited to the time required to

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receive payment for securities sold, but default is not cured within two business shall address procedures designed to in no event more than seven days. Loans days from its maturity or from the time achieve the following objectives: (a) effected within seven days of each other the lending Fund makes a demand for That the Interfund Loan Rate will be will be treated as separate loan payment under the provisions of the higher than the Repo Rate and, if transactions for purposes of this Interfund Lending Agreement, the applicable, the yield of the money condition. Credit Facility Team will promptly refer market funds, but lower than the Bank 9. Each Interfund Loan may be called the loan for arbitration to an Loan Rate; (b) compliance with the on one business day’s notice by a independent arbitrator selected by the collateral requirements as set forth in lending Fund and may be repaid on any Board of any Fund involved in the loan the application; (c) compliance with the day by a borrowing Fund. who will serve as arbitrator of disputes percentage limitations on interfund 10. A Fund’s participation in the concerning Interfund Loans.2 The borrowing and lending; (d) allocation of credit facility must be consistent with arbitrator will resolve any problems interfund borrowing and lending its investment policies and limitations promptly, and the arbitrator’s decision demand in an equitable manner and in and organizational documents. will be binding on both Funds. The accordance with procedures established 11. The Credit Facility Team will arbitrator will submit, at least annually, by the Board; and (e) that the interest calculate total Fund borrowing and a written report to the Board setting rate on any Interfund Loan does not lending demand through the credit forth a description of the nature of any exceed the interest rate on any third facility, and allocate Interfund Loans on dispute and the actions taken by the party borrowings of a borrowing Fund at an equitable basis among the Funds Funds to resolve the dispute. the time of the Interfund Loan. After the without the intervention of any portfolio 15. Each Fund will maintain and final report is filed, the Fund’s external manager of the Funds (other than the preserve for a period of not less than six auditors, in connection with their Fund Portfolio Manager acting in his or her years from the end of the fiscal year in audit examinations, will continue to capacity as a member of the Credit which any transaction under the credit review the operation of the credit Facility Team). All allocations will facility occurred, the first two years in facility for compliance with the require approval of at least one member an easily accessible place, written conditions of the application and their of the Credit Facility Team who is not records of all such transactions setting review will form the basis, in part, of the Portfolio Manager. The Credit forth a description of the terms of the the auditor’s report on internal Facility Team will not solicit cash for transaction, including the amount, the accounting controls in Form N–SAR. the credit facility from any Fund or maturity and rate of interest on the loan, 17. No Fund will participate in the prospectively publish or disseminate the rate of interest available at the time credit facility upon receipt of requisite loan demand data to portfolio managers on short-term repurchase agreements regulatory approval unless all material (except to the extent that the Portfolio and bank borrowings, the yield on any facts about its intended participation are Manager has access to loan demand data money market fund in which the fully disclosed in the Fund’s SAI. in his or her capacity as a member of the lending Fund could otherwise invest 18. A Fund’s borrowings through the Credit Facility Team). The Credit and such other information presented to credit facility, as measured on the day Facility Team will invest any amounts the Fund’s Board in connection with the when the most recent loan was made, remaining after satisfaction of borrowing review required by conditions 12 and will not exceed the greater of 125% of demand in accordance with the 13. the Fund’s total net cash redemptions or standing instructions from portfolio 16. The Credit Facility Team will 102% of sales fails for the preceding managers or return remaining amounts prepare and submit to the Board for seven calendar days. 19. The Board of each Fund will to the Funds. review an initial report describing the 12. The Credit Facility Team will satisfy the fund governance standards as operations of the credit facility and the monitor the Interfund Loan Rate defined in rule 0–1(a)(7) under the Act procedures to be implemented to ensure charged and the other terms and by the compliance date for the rule. that all Funds are treated fairly. After conditions of the Interfund Loans and the commencement of operations of the For the Commission, by the Division of will make a quarterly report to the credit facility, the Credit Facility Team Investment Management, under delegated Board concerning the participation of will report on the operations of the authority. the Funds in the credit facility and the credit facility at the quarterly meetings Nancy M. Morris, terms and other conditions of any of each Fund’s Board. In addition, for Secretary. extensions of credit under the facility. [FR Doc. E6–6068 Filed 4–21–06; 8:45 am] 13. The Board of each Fund, two years following the commencement BILLING CODE 8010–01–P including a majority of the Independent of the credit facility, the independent Directors: (a) Will review no less public accountant for each Fund shall frequently than quarterly the Fund’s prepare an annual report that evaluates the Credit Facility Team’s assertion that SECURITIES AND EXCHANGE participation in the credit facility during COMMISSION the preceding quarter for compliance it has established procedures reasonably with the conditions of any order designed to achieve compliance with [Release No. 34–53657; File No. SR–Amex– permitting the transactions; (b) will the conditions of the order. The report 2006–32] will be prepared in accordance with the establish the Bank Loan Rate formula Self-Regulatory Organizations; used to determine the interest rate on Statements on Standards for Attestation Engagements No. 10 and it shall be filed American Stock Exchange LLC; Notice Interfund Loans and review no less of Filing and Immediate Effectiveness frequently than annually the continuing pursuant to Item 77Q3 of Form N–SAR, as such statements or form may be of Proposed Rule Change Relating to appropriateness of the Bank Loan Rate Commentary .10 to Amex Rule 958 and formula; and (c) will review no less revised, amended, or superseded from time to time. In particular, the report Commentary .09 to Amex Rule 958– frequently than annually the continuing ANTE

appropriateness of the Fund’s 2 If a dispute involves Funds with separate April 14, 2006. participation in the credit facility. Boards, the respective Boards will agree on an 14. In the event an Interfund Loan is independent arbitrator that is satisfactory to each Pursuant to section 19(b)(1) of the not paid according to its terms and the Fund. Securities Exchange Act of 1934

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(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 listed pursuant to Amex Rules 1200 et C. Self-Regulatory Organization’s notice is hereby given that on April 11, seq. (‘‘Trust Issued Receipts’’), and Statement on Comments on the 2006, the American Stock Exchange LLC derivative products are subject to Amex Proposed Rule Change Received From (‘‘Amex’’ or ‘‘Exchange’’) filed with the Rules 958 and 958–ANTE. A ‘‘derivative Members, Participants or Others Securities and Exchange Commission product’’ is defined in Article I, section (‘‘Commission’’) the proposed rule 3(d) of the Amex Constitution to No written comments were solicited or received with respect to the proposed change as described in Items I and II include, in addition to standardized rule change. below, which Items have been prepared options, securities which are issued by by the self-regulatory organization. the Options Clearing Corporation or III. Date of Effectiveness of the Amex filed this proposal pursuant to another limited purpose entity or trust, Proposed Rule Change and Timing for section 19(b)(3)(A) of the Act 3 and Rule and which are based solely on the Commission Action 19b–4(f)(6) thereunder 4 as non- performance of an index or portfolio of controversial, and therefore the other publicly traded securities. A The foregoing rule change has become proposed rule change is effective derivative product does not include immediately effective pursuant to immediately upon filing. The section 19(b)(3)(A) 7 of the Act and Rule warrants of any type or closed-end 8 Commission is publishing this notice to management investment companies. 19b–4(f)(6) thereunder because: (i) It does not significantly affect the solicit comments on the proposed rule Portfolio Depository Receipts or Index protection of investors or the public change from interested persons. Fund Shares are derivative products interest; (ii) it does not impose any consistent with Article I, section 3(d) of I. Self-Regulatory Organization’s significant burden on competition; and the Amex Constitution. Statement of the Terms of Substance of (iii) by its terms, it does not become the Proposed Rule Change The Commentaries further provide operative for 30 days after the date of The Exchange proposes to revise that these transactions may only be the filing, or such shorter time as the Commentary .10 of Amex Rule 958 and effected by registered traders Commission may designate if consistent Commentary .09 to Amex Rule 958– (‘‘Registered Traders’’) who are regular with the protection of investors and the ANTE. The text of the proposed rule members of the Exchange. A Registered public interest; provided that the change is available on the Amex’s Web Trader who is logged onto Auto-Ex may Exchange has given the Commission site at http://www.amex.com, the Office only sign onto Auto-Ex for Portfolio notice of its intent to file the proposed of the Secretary, the Amex, and at the Depository Receipts, Index Fund Shares, rule change, along with a brief Commission’s Public Reference Room. and Trust Issued Receipts (collectively description and text of the proposed II. Self-Regulatory Organization’s ‘‘ETFs’’) traded on the same or rule change, at least five business days Statement of the Purpose of, and contiguous panels, i.e., ETFs traded by prior to the date of filing of the Statutory Basis for, the Proposed Rule two adjoining Specialists or ETFs traded proposed rule change, or such shorter Change by the same Specialist for a maximum time as designated by the Commission. of three panels. Amex also proposes to In its filing with the Commission, Amex has requested that the include Units as an ETF for the Commission waive the 5-day pre-filing Amex included statements concerning purposes of this contiguous panel the purpose of, and basis for, the notice requirement and the 30-day requirement. The Exchange solely seeks operative delay of the proposal. The proposed rule change and discussed any to provide clarity akin to the trading of comments it received on the proposed Commission believes that the waiver of ETFs. As a result, the Exchange the 5-day pre-filing requirement and the rule change. The text of these statements proposes that Registered Traders may may be examined at the places specified 30-day operative delay is consistent participate in the trading of Units with the protection of investors and the in Item IV below. Amex has prepared consistent with the Commentaries. summaries, set forth in sections A, B, public interest, because the waiver and C below, of the most significant 2. Statutory Basis would allow Amex to immediately aspects of such statements. implement trading rules governing The proposed rule change is Units listed pursuant to Amex Rule A. Self-Regulatory Organization’s consistent with section 6(b) of the Act,5 1500 et seq. that are identical to the Statement of the Purpose of, and the in general, and furthers the objectives of trading rules for other ETFs traded on Statutory Basis for, the Proposed Rule section 6(b)(5) of the Act,6 in particular, the Exchange. For this reason, the Change in that it is designed to prevent Commission designates the proposal 1. Purpose fraudulent and manipulative acts and effective and operative upon filing with practices, promote just and equitable the Commission.9 The purpose of the proposal is to principles of trade, remove At any time within 60 days of the provide that transactions on the impediments to and perfect the Exchange floor in Partnership Units filing of the proposed rule change, the mechanisms of a free and open market Commission may summarily abrogate (‘‘Units’’) pursuant to Amex Rule 1500 and a national market system, and, in et seq. are subject to Commentary .10 of such rule change if it appears to the general, protect investors and the public Commission that such action is Amex Rule 958 and Commentary .09 to interest. Amex Rule 958–ANTE necessary or appropriate in the public (‘‘Commentaries’’). Currently, the B. Self-Regulatory Organization’s interest, for the protection of investors, Commentaries provide that transactions Statement on Burden on Competition or otherwise in furtherance of the in index warrants, currency warrants, purposes of the Act. securities listed pursuant to section 107 The proposed rule change does not of the Amex Guide, trust issued receipts impose any burden on competition that 7 15 U.S.C. 78s(b)(3)(A). is not necessary or appropriate in 8 17 CFR 240.19b–4(f)(6). 9 For purposes only of waiving the operative 1 furtherance of the purposes of the Act. 15 U.S.C. 78s(b)(l). delay for this proposal, the Commission has 2 17 CFR 240.19b–4. considered the proposed rule’s impact on 3 15 U.S.C. 78s(b)(3)(A). 5 15 U.S.C. 78f(b). efficiency, competition, and capital formation. 15 4 17 CFR 240.19b–4(f)(6). 6 15 U.S.C. 78f(b)(5). U.S.C. 78c(f).

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IV. Solicitation of Comments SECURITIES AND EXCHANGE provide required certification with the Interested persons are invited to COMMISSION financial statements of the listed submit written data, views and company or applicant; or (v) a [Release No. 34–53656; File No. SR–Amex– determination that the listed company arguments concerning the foregoing, 2006–04] including whether the proposal is or applicant entity has violated or consistent with the Act. Comments may Self-Regulatory Organizations; evaded applicable corporate governance be submitted by any of the following American Stock Exchange LLC; Order standards. methods: Approving a Proposed Rule Change Proposed section 127 of the Amex and Amendment No. 1 Thereto Company Guide would explain the Electronic Comments Relating to Procedures for Denying factors used by the Exchange in • Use the Commission’s Internet Initial and Continued Listing evaluating whether the regulatory comment form (http://www.sec.gov/ misconduct of an individual associated rules/sro.shtml); or April 14, 2006. with a company should be used as a • basis to deny initial or continued listing; Send an e-mail to rule- I. Introduction [email protected]. Please include File explain the remedial measures that may Number SR–Amex–2006–32 on the On January 23, 2006, the American serve to mitigate public interest subject line. Stock Exchange LLC (‘‘Amex’’ or concerns; and state that sections 101 ‘‘Exchange’’) filed with the Securities and 1002 of the Amex Company Guide Paper Comments and Exchange Commission do not provide a basis for the Exchange • Send paper comments in triplicate (‘‘Commission’’), pursuant to section to grant exemptions or exceptions from to Nancy M. Morris, Secretary, 19(b)(1) of the Securities Exchange Act the enumerated initial or continued Securities and Exchange Commission, of 1934 (‘‘Act’’) 1 and Rule 19b–4 listing criteria. Station Place, 100 F Street, NE., thereunder,2 a proposal to add new The proposal also amends sections Washington, DC 20549–1090. section 127 and amend sections 101, 402 and 1009 of the Amex Company All submissions should refer to File No. 401, 402, 710, 1002, and 1009 of the Guide to conform the Amex disclosure SR–Amex–2006–32. This file number Amex Company Guide which the time frames to those mandated by the should be included on the subject line Exchange states will increase the Commission for current reports filed on if e-mail is used. To help the transparency of the process associated Form 8–K by reducing to four business Commission process and review your with staff determinations to deny the days the time within which a listed comments more efficiently, please use initial or continued listing of a company must publicly disclose that the only one method. The Commission will company’s securities on the Amex. On Exchange has given it written notice post all comments on the Commission’s February 22, 2006, Amex filed that it is noncompliant with one or more Internet Web site (http://www.sec.gov/ Amendment No. 1 to the proposed rule of the continued listing standards. The rules/sro.shtml). Copies of the change. The proposed rule change was proposed amendments would also submission, all subsequent published for comment in the Federal extend the disclosure obligations amendments, all written statements Register on March 13, 2006.3 The applicable to a company that receives a with respect to the proposed rule Commission received no comments written delisting notice to include a change that are filed with the regarding the proposal. This order company that receives a written notice Commission, and all written approves the proposed rule change. of noncompliance with a continued listing requirement, which may be in communications relating to the II. Description of the Proposal proposed rule changes between the the form of a Warning Letter or a Commission and any person, other than The Exchange proposes to add new Deficiency Letter. In addition, the Amex proposes those that may be withheld from the section 127 and amend sections 101 and certain clarifying amendments to public in accordance with the 1002 of the Amex Company Guide to section 710 of the Amex Company provisions of 5 U.S.C. 552, will be clarify the circumstances in which the Guide to provide that an exception to available for inspection and copying in Exchange can use its discretionary the shareholder approval requirements the Commission’s Public Reference authority to deny initial or continued may be made upon application to the Room. Copies of such filing will also be listing to a company which raises public interest or other qualitative concerns Exchange when (i) the delay in securing available for inspection and copying at shareholder approval would seriously the principal office of Amex. All about its condition or business. The proposed rule would specify that the jeopardize the financial viability of the comments received will be posted enterprise; and (ii) reliance by the without change; the Commission does Exchange has authority to deny initial listing to an applicant, impose company on the exception is expressly not edit personal identifying approved by the audit committee of the information from submissions. You additional or more stringent criteria on initial or continued listing of a company’s board of directors or a should submit only information that comparable body of the board of you wish to make available publicly. All company’s securities, or delist a company’s securities where there has directors. The Exchange proposes to add submissions should refer to File No. that the comparable body of the board SR–Amex–2006–32 and should be been: (i) A history of regulatory misconduct; (ii) filing for protection of directors, which may approve a submitted on or before May 15, 2006. company’s reliance on the financial under any provision of the federal For the Commission, by the Division of viability exception, must be comprised bankruptcy laws or comparable foreign Market Regulation, pursuant to delegated solely of independent and disinterested 10 laws; (iii) issuance of a disclaimer authority. directors. The Exchange also proposes opinion on financial statements Nancy M. Morris, to prohibit a company from issuing, or required to be audited; (iv) failure to Secretary. authorizing its transfer agent or registrar [FR Doc. E6–6039 Filed 4–21–06; 8:45 am] 1 15 U.S.C. 78s(b)(1). to issue or register the securities subject BILLING CODE 8010–01–P 2 17 CFR 240.19b–4. to the shareholder approval 3 See Securities Exchange Act Release No. 53403 requirements, until it has received 10 17 CFR 200.30–3(a)(12). (March 2, 2006), 71 FR 12736. written notification from the Exchange

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that the financial viability exception has authority to deny initial or continued ‘‘Exchange’’) filed with the Securities been granted, and the securities have listing to a company.8 and Exchange Commission been approved for listing. In addition, The Commission believes that the (‘‘Commission’’), pursuant to section the Exchange proposes to require a proposal to update the Exchange’s 19(b)(1) of the Securities Exchange Act company that receives the financial disclosure policies may provide of 1934 (‘‘Act’’) 1 and Rule 19b–4 viability exception to issue a press increased investor protection by thereunder,2 a proposed rule change to release ten days before issuance of the conforming the disclosure time frames amend Exchange delisting rules to subject securities, in addition to the with existing federal securities laws and conform to recent amendments to notice to shareholders that is currently requiring increased disclosure, such as Commission rules regarding removal required by Exchange rules. when the company relies on the from listing and withdrawal from Further, the Exchange proposes to financial viability exception or when it registration. On October 27, 2005, Amex update its disclosure policies by receives a Warning Letter or a filed Amendment No. 1 to the proposed amending sections 402 and 1009 of the Deficiency Letter. The Commission also rule change.3 On February 1, 2006, Amex Company Guide and to make believes that the proposal to amend Amex filed Amendment No. 2 to the minor, technical changes to section 401 shareholder approval requirements may proposed rule change.4 The proposed of the Amex Company Guide. provide increased investor protection by rule change, as amended, was published requiring companies, when relying on for comment in the Federal Register on III. Discussion the financial viability exception, to March 13, 2006.5 No comments were After careful consideration of the obtain the approval of independent and received regarding the proposal. This amended proposal and consideration of disinterested directors and to prohibit order approves the proposed rule the comment letters, the Commission the issuance or registration of the change, as amended. finds that the proposed rule change, as securities subject to shareholder II. Description of the Proposed Rule amended, is consistent with the approval until companies have received Change requirements of the Act and the rules written approval confirmation from the 6 and regulations thereunder applicable to Exchange. Section 12 of the Act and Rule 7 a national securities exchange 4 12d2–2 thereunder (‘‘SEC Rule 12d2– and, in IV. Conclusion particular, the requirements of section 6 2’’) govern the process for the delisting of the Act.5 Specifically, as discussed in It is therefore ordered, pursuant to and deregistration of securities listed on detail below, the Commission finds that section 19(b)(2) of the Act,9 that the national securities exchanges. Recent the proposed rule change is consistent proposed rule change (SR–Amex–2006– amendments to SEC Rule 12d2–2 with section 6(b)(5) of the Act,6 which 04) is approved. (‘‘amended SEC Rule 12d2–2’’) and requires, among other things, that the other Commission rules require the For the Commission, by the Division of electronic filing of revised Form 25 on rules of a national securities exchange Market Regulation, pursuant to delegated the Commission’s Electronic Data be designed to prevent fraudulent and authority.10 Gathering, Analysis, and Retrieval manipulative acts and practices, to Nancy M. Morris, (‘‘EDGAR’’) system by exchanges and promote just and equitable principles of Secretary. issuers for all delistings, other than trade, to foster cooperation and [FR Doc. E6–6040 Filed 4–21–06; 8:45 am] delistings of standardized options and coordination with persons engaged in BILLING CODE 8010–01–P securities futures, which are exempted.8 regulating, clearing, settling, and The Amex proposes to revise Amex processing information with respect to, Rule 18 and sections 1010, 1011, 1201, and facilitating transactions in SECURITIES AND EXCHANGE 1202, 1203, 1204, 1205 and 1206 of the securities, to remove impediments to COMMISSION Amex Company Guide with respect to and perfect the mechanism of a free and [Release No. 34–53666; File No. SR–Amex– delisting procedural requirements as open market and a national market 2005–107] mandated by recent amendments to SEC system, and, in general, to protect Rule 12d2–2. investors and the public interest. Self-Regulatory Organizations; In the case of exchange-initiated Section 6(b)(5) of the Act 7 also requires American Stock Exchange LLC; Order delistings, amended SEC Rule 12d2–2(b) that the rules of an exchange not be Granting Approval of a Proposed Rule states that a national securities exchange designed to permit unfair Change and Amendment Nos. 1 and 2 may file an application on Form 25 to discrimination among customers, To Amend Exchange Delisting Rules strike a class of securities from listing issuers, brokers, or dealers. To Conform to Recent Amendments to and/or withdraw the registration of such The Commission believes that the Commission Rules Regarding Removal securities, in accordance with its rules, proposal to set forth the factors used by From Listing and Withdrawal From the Exchange in evaluating the Registration 1 15 U.S.C. 78s(b)(1). regulatory conduct and corporate 2 17 CFR 240.19b–4. governance of a company clarifies the April 17, 2006. 3 Amendment No. 1 replaced the original Exchange rules and provides greater proposed rule change in its entirety. I. Introduction 4 transparency to listed companies and In Amendment No. 2, Amex added footnotes to On October 24, 2005, the American the Form 19b–4 and Exhibit 1 that reference applicants about the criteria and appropriate sections of the Amex Company Guide; evaluation methods that the Exchange Stock Exchange LLC (‘‘Amex’’ or made grammatical corrections to the proposed rule employs in its broad discretionary text regarding the final effective date of the old 8 The Commission notes that this proposed rule Amex rules; and clarified the circumstances under change is substantially similar to a proposal which the Exchange is authorized to file a Form 25 4 In approving this proposed rule change, the submitted by the National Association of Securities for certain corporate actions. Commission has considered the proposed rule’s Dealers, Inc. and approved by the Commission. See 5 See Securities Exchange Act Release No. 53398 impact on efficiency, competition, and capital Securities Exchange Act Release No. 52342 (August (March 2, 2006), 71 FR 12738. formation. 15 U.S.C. 78c(f). 26, 2005), 70 FR 52456 (September 2, 2005) (SR– 6 15 U.S.C. 78l. 5 15 U.S.C. 78f. NASD–2004–125). 7 17 CFR 240.12d2–2. 6 15 U.S.C. 78f(b)(5). 9 15 U.S.C. 78s(b)(2). 8 See Securities Exchange Act Release No. 52029 7 Id. 10 17 CFR 200.30–3(a)(12). (July 14, 2005), 70 FR 42456 (July 22, 2005).

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if the rules of such exchange, at a contemporaneously with providing exchange 11 and, in particular, the minimum, provide for: 9 written notice to the exchange and requirements of section 6 of the Act.12 (i) Notice to the issuer of the keeping it posted until the delisting is Specifically, as discussed below, the exchange’s decision to delist its effective. Commission finds that the proposal is securities; In addition, changes are proposed to consistent with section 6(b)(5) of the (ii) An opportunity for appeal to the Amex Rule 18 to require that the board Act,13 which requires, in part, that the exchange’s board of directors, or to a of directors (or comparable governing rules of an exchange be designed to committee designated by the board; and body) of an issuer initiating the delisting prevent fraudulent and manipulative (iii) Public notice of the national of its securities must approve the acts and practices, to promote just and securities exchange’s final decision to delist, and that the issuer equitable principles of trade, to foster determination to remove the security provide the Exchange with a certified cooperation and coordination with from listing and/or registration, by copy of the relevant board resolution persons engaged in regulating, clearing, issuing a press release and posting prior to filing the Form 25. The issuer settling, and processing information notice on its Web site. Public notice must notify the Exchange that it has with respect to, and facilitating must be disseminated no fewer than 10 filed Form 25 with the Commission transactions in securities, to remove days before the delisting becomes contemporaneously with such filing. impediments to and perfect the effective pursuant to amended SEC Rule The Amex also proposes that an mechanism of a free and open market 12d2–2(d)(1), and must remain posted issuer seeking to voluntarily apply to and a national market system, and, in on its Web site until the delisting is withdraw a class of securities from general, to protect investors and the effective. listing on the Exchange that has public interest. Further, as noted in With respect to the above received notice from the Exchange that more detail below, the changes being requirements set forth in amended SEC it is below the Exchange’s continued adopted by Amex meet the requirements Rule 12d2–2(b), Amex rules currently listing policies and standards, or that is of amended SEC Rule 12d2–2. provide the requisite issuer notice as aware that it is below such continued A. Exchange Delisting well as an opportunity for appeal to a listing policies and standards committee designated by the Board.10 notwithstanding that it has not received Amended SEC Rule 12d2–2(b) states Amex rules do not currently provide for such notice from the Exchange, must that a national securities exchange may the mandated public notice, and disclose that it is no longer eligible for file an application on Form 25 to strike accordingly the Amex is proposing continued listing (including the specific a class of securities from listing and/or changes to section 1010(c) of the Amex continued listing policies and standards withdraw the registration of such Company Guide to incorporate such that the issue is below) in: (i) Its securities, in accordance with its rules, public notice as required by the recent statement of all material facts relating to if the rules of such exchange, at a amendments to SEC Rule 12d2–2(b). the reasons for withdrawal from listing minimum, provide for notice to the The proposed changes do not impact the provided to the Exchange along with issuer of the exchange’s decision to Amex’s existing authority to suspend written notice of its determination to delist, opportunity for appeal, and trading in an issuer’s securities withdraw from listing required by public notice of the exchange’s final following an adverse panel decision but amended SEC Rule 12d2–2(c)(2)(ii) and; determination to delist. The prior to the filing of a delisting (ii) its public press release and Web site Commission believes that Amex’s application and/or effective date of a notice required by amended SEC Rule current rules and proposal comply with delisting. 12d2–2(c)(2)(iii). the dictates of amended SEC Rule 12d2– In the case of an issuer-initiated Further, as required by amended SEC 2(b). delisting, Amex proposes revisions to Rule 12d2–2(c)(3), the Amex represents Amex rules currently provide the Amex Rule 18 and section 1010 of the that it will post notice of issuer-initiated requisite issuer notice as well as an Amex Company Guide, as mandated, to delistings on its Web site beginning on opportunity for appeal to a committee 14 require the issuer to: the business day following receipt of designated by the Board. Specifically, (i) Comply with the Exchange’s rules notice from the issuer, and it will keep issuers may appeal staff delisting for delisting and applicable state laws; the notice posted until the delisting determinations to panel of at least two (ii) Submit written notice to the becomes effective. As in the case of an members of the Committee on Exchange, no fewer than ten days before exchange-initiated delisting, the Amex Securities, which is a board-appointed 15 filing a Form 25, of its intent to will retain the ability to suspend trading committee. Adverse panel decisions withdraw its security, which notice in an issuer’s securities, in order to may be appealed to the Committee on 16 includes a statement of all material facts accommodate its transfer to another Securities. In addition, the Board may relating to the reasons for filing the marketplace, prior to the effective date in its discretion call any Committee on 17 application (effectively, this notice to of the delisting. Securities decision for review. In the Exchange will be provided at least Finally, Amex has made changes in addition, the proposed rule change will 20 days before the delisting becomes its rules to clarify that the Form 25 provide for public notice of the effective); and serves as the application to remove a Exchange’s final determination to (iii) Issue public notice of its intent to security from listing and/or registration and to specify that the proposed 11 In approving this proposal, the Commission has delist via a press release, and, if it has considered the proposed rule’s impact on a publicly available Web site, by posting changes will be effective as of April 24, efficiency, competition, and capital formation. See the notice on that Web site, 2006 as required by amended SEC Rule 15 U.S.C. 78c(f). 12d2–2. 12 15 U.S.C. 78f. 13 9 See also Form 8–K (Item 3.01. Notice of 15 U.S.C. 78f(b)(5). III. Discussion 14 Delisting or Failure to Satisfy a Continued Listing See supra note 10. Rule or Standard; Transfer of Listing), which sets The Commission finds that the 15 See Amex Company Guide, section 1204 (The forth disclosure requirements for issuers that do not proposed rule change is consistent with Listing Qualifications Panel). satisfy listing standards. 16 See Amex Company Guide, section 1205 10 See Amex Company Guide, Section 1202 the requirements of the Act and the (Review by the Amex Committee on Securities). (Written Notice of Staff Determination) and section rules and regulations thereunder 17 See Amex Company Guide, section 1206 1203 (Request for Hearing). applicable to a national securities (Discretionary Review by Amex Board).

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remove the security from listing and/or received notice from the Exchange that SECURITIES AND EXCHANGE registration. The Commission notes that it is below the Exchange’s continued COMMISSION the proposed changes do not impact the listing policies and standards, or that is Amex’s existing authority to suspend [Release No. 34–53665; File No. SR–CBOE– aware that it is below such continued 2005–87] trading in an issuer’s securities listing policies and standards following an adverse panel decision but notwithstanding that it has not received Self-Regulatory Organizations; prior to the filing of a delisting such notice from the Exchange, must Chicago Board Options Exchange, application and/or effective date of a disclose that it is no longer eligible for Incorporated; Order Granting Approval delisting. continued listing (including the specific of a Proposed Rule Change and B. Issuer Voluntary Delisting continued listing policies and standards Amendment Nos. 1 and 2 To Amend Exchange Delisting Rules to Conform In the case of an issuer-initiated that the issue is below) in: (i) Its statement of all material facts relating to to Recent Amendments to Commission delisting, Amex is proposing revisions Rules Regarding Removal From to Amex Rule 18 and section 1010 of the the reasons for withdrawal from listing provided to the Exchange along with Listing and Withdrawal From Amex Company Guide, as mandated, to Registration require the issuer to: written notice of its determination to (i) Comply with the Exchange’s rules withdraw from listing required by April 17, 2006. for delisting and applicable state laws; amended SEC Rule 12d2–2(c)(2)(ii) and; (ii) Submit written notice to the (ii) its public press release and Web site I. Introduction Exchange, no fewer than ten days before notice required by amended SEC Rule On October 21, 2005, the Chicago filing a Form 25, of its intent to 12d2–2(c)(2)(iii). The Commission Board Options Exchange, Incorporated withdraw its security, which notice believes that this requirement will allow (‘‘CBOE’’ or ‘‘Exchange’’) filed with the includes a statement of all material facts shareholders to be informed and aware Securities and Exchange Commission relating to the reasons for filing the that the issuer has failed to meet (‘‘Commission’’ or ‘‘SEC’’), pursuant to application (effectively, this notice to Exchange listing standards and is section 19(b)(1) of the Securities the Exchange will be provided at least voluntarily delisting. Issuers will Exchange Act of 1934 (‘‘Act’’) 1 and Rule 2 20 days before the delisting becomes therefore not be permitted to delist 19b–4 thereunder, a proposed rule effective); and voluntarily without public disclosure of change to amend Exchange delisting (iii) Issue public notice of its intent to rules to conform to recent amendments delist via a press release, and, if it has their noncompliance with Exchange listing standards. to Commission rules regarding removal a publicly available Web site, by posting from listing and withdrawal from the notice on that Web site, The Commission notes that Amex registration. On December 14, 2005, contemporaneously with providing represents that it will, as required by the CBOE filed Amendment No. 1 to the written notice to the exchange and revised Commission rules, post notice of proposed rule change.3 On February 24, keeping it posted until the delisting is issuer-initiated delistings on its Web 2006, CBOE filed Amendment No. 2 to effective. site beginning on the business day the proposed rule change.4 The The Commission believes that the following receipt of notice from the proposed rule change, as amended, was amendments will fully inform issuers of issuer, and it will keep the notice posted published for comment in the Federal the requirements for voluntary delisting until the delisting becomes effective. Register on March 13, 2006.5 No of their securities under Amex rules and The Commission also notes that, as in comments were received regarding the federal securities laws. the case of an exchange-initiated proposal. This order approves the The proposal also sets forth a new delisting, the Amex will retain the proposed rule change, as amended. requirement not in amended SEC Rule ability to suspend trading in an issuer’s 12d2–2 that would require the issuer to II. Description of the Proposed Rule notify the Exchange that it has filed securities, in order to accommodate its Change transfer to another marketplace, prior to Form 25 with the Commission Section 12 of the Act 6 and SEC Rule the effective date of the delisting. contemporaneously with such filing. 12d2–2 govern the process for the This requirement will allow the IV. Conclusion delisting and deregistration of securities Exchange to be fully informed of the listed on national securities exchanges. actual filing of a Form 25 and prepare It is therefore ordered, pursuant to Recent amendments to SEC Rule 12d2– to take timely action in accordance with section 19(b)(2) of the Act,18 that the 2 (‘‘amended SEC Rule 12d2–2’’) and the filing of the Form. proposed rule change (File No. SR– In addition, Amex has proposed a Amex–2005–107), as amended, is 1 15 U.S.C. 78s(b)(1). new requirement that the board of approved. 2 17 CFR 240.19b–4. directors (or comparable governing 3 Amendment No. 1 replaced the original body) of an issuer initiating the delisting For the Commission, by the Division of proposed rule change in its entirety. of its securities must approve the Market Regulation, pursuant to delegated 4 In Amendment No. 2, CBOE amended CBOE authority.19 Rule 31.94(G)(h) to state that in appropriate decision to delist and that the issuer Nancy M. Morris, circumstances, when the Exchange is considering provide the Exchange with a certified delisting because a company no longer meets the copy of the relevant board resolution. Secretary. requirements for continued listing, a company may, The Commission believes that these [FR Doc. E6–6078 Filed 4–21–06; 8:45 am] with the consent of the Exchange, file a Form 25 with the SEC, provided that it follows the requirements may help ensure that the BILLING CODE 8010–01–P requirements set forth in SEC Rule 12d2–2(c) and decision to delist a security voluntarily discloses that it is no longer eligible for continued has been well-considered by the issuer’s listing on the Exchange in its written notice to the board. Exchange and public press release, and if it has a publicly accessible Web site, posts such notice on Amex also proposes that an issuer that Web site. seeking to voluntarily apply to 5 See Securities Exchange Act Release No. 53399 withdraw a class of securities from 18 Id. (March 2, 2006), 71 FR 12749. listing on the Exchange that has 19 17 CFR 200.30–3(a)(12). 6 15 U.S.C. 78l.

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other Commission rules require the The Exchange also proposes to make with respect to, and facilitating electronic filing of revised Form 257 on clear in proposed Rule 31.94(G) that the transactions in securities, to remove the Commission’s Electronic Data issuer is required to notify the Exchange impediments to and perfect the Gathering, Analysis, and Retrieval in case it elects to delist its securities mechanism of a free and open market (‘‘EDGAR’’) system by exchanges and from the Exchange, and upon such and a national market system, and, in issuers for all delistings, other than notification, the Exchange would be general, to protect investors and the delistings of standardized options and required to issue a public notice of such public interest. Further, as noted in securities futures, which are exempted.8 determination. These proposed changes more detail below, the changes being In the case of exchange-initiated reflect the requirements set forth in adopted by CBOE meet the requirements delistings, amended SEC Rule 12d2–2(b) amended SEC Rule 12d2–2(c). The of amended SEC Rule 12d2–2. proposed rule filing sets forth a states that a national securities exchange A. Exchange Delisting may file an application on Form 25 to requirement in addition to those set strike a class of securities from listing forth in amended SEC Rule 12d2–2(c) Amended SEC Rule 12d2–2(b) states and/or withdraw the registration of such that would require the issuer to notify that a national securities exchange may securities, in accordance with its rules, the Exchange that it has filed Form 25 9 file an application on Form 25 to strike if the rules of such exchange, at a with the SEC contemporaneously with a class of securities from listing and/or minimum, provide for: such filing. withdraw the registration of such (i) Notice to the issuer of the In addition, CBOE proposes to amend securities, in accordance with its rules, exchange’s decision to delist its CBOE Rule 31.94(G)(h) to state that in if the rules of such exchange, at a securities; appropriate circumstances, when the minimum, provide for notice to the Exchange is considering delisting issuer of the exchange’s decision to (ii) An opportunity for appeal to the because a company no longer meets the delist, opportunity for appeal, and exchange’s board of directors, or to a requirements for continued listing, a public notice of the exchange’s final committee designated by the board; and company may, with the consent of the determination to delist. The (iii) Public notice of the national Exchange, file a Form 25 with the SEC, Commission believes that CBOE’s securities exchange’s final provided that it follows the current rules and proposal comply with determination to remove the security requirements set forth in amended SEC the dictates of amended SEC Rule 12d2– from listing and/or registration, by Rule 12d2–2(c) and discloses that it is 2(b). issuing a press release and posting no longer eligible for continued listing CBOE rules currently provide the notice on its Web site. Public notice on the Exchange in its written notice to requisite issuer notice as well as an must be disseminated no fewer than 10 the Exchange and public press release, opportunity for appeal to a committee days before the delisting becomes and if it has a publicly accessible Web designated by the Board.14 Specifically, effective pursuant to amended SEC Rule site, posts such notice on that Web issuers may appeal staff delisting 12d2–2(d)(1), and must remain posted site.10 determinations to an Exchange on its Web site until the delisting is Lastly, the Exchange is proposing to committee which may be either a effective. make housekeeping changes that relate standing committee or a committee CBOE Chapter 31 sets forth the to references to the Act and certain rules specially appointed for the purpose and Exchange’s non-option securities listing in the Act. The proposed changes, other may consist of directors, Exchange rules. The Exchange proposes to revise than the housekeeping changes, will be officials, members, and/or other persons CBOE Rule 31.94(G) to incorporate the effective as of April 24, 2006 as required (not having an interest in the matter) as new requirements set forth in amended by amended SEC Rule 12d2–2. the Board of Directors shall determine.15 SEC Rule 12d2–2(b). The provisions set III. Discussion In addition, the Board may in its forth in current CBOE Rule 31.94(G), discretion authorize the Executive which provide for notification to the The Commission finds that the Committee to consider any or all issuer in the event that the Exchange proposed rule change is consistent with appeals, and in such case the decision determines to delist the issuer’s the requirements of the Act and the of the Executive Committee with respect securities and the right to appeal the rules and regulations thereunder thereto shall be final and conclusive.16 Exchange’s determination, satisfy the applicable to a national securities Finally, the proposed rule change will minimum provisions set forth in exchange 11 and, in particular, the 12 provide for public notice of the amended SEC Rule 12d2–2(b), except requirements of section 6 of the Act. exchange’s final determination to for the requirement in amended SEC Specifically, as discussed below, the remove the security from listing and/or Rule 12d2–2(b)(iii) that requires Commission finds that the proposal is registration. national securities exchanges to provide consistent with section 6(b)(5) of the public notice of determinations to delist Act,13 which requires, in part, that the B. Issuer Voluntary Delisting an issuer’s securities. Therefore, rules of an exchange be designed to The Exchange proposes to set forth in proposed CBOE Rule 31.94(G)(h) would prevent fraudulent and manipulative its Exchange rules the general require the Exchange to provide public acts and practices, to promote just and requirements of amended SEC Rule notice, in accordance with SEC Rule equitable principles of trade, to foster 12d2–2(c) regarding issuer voluntary 12d2–2(b)(iii), of a final determination cooperation and coordination with delisting. For example, the Exchange by the Exchange to strike an issuer’s persons engaged in regulating, clearing, proposes to clarify in proposed Rule securities from listing and/or withdraw settling, and processing information 31.94(G) that the issuer is required to the registration of such securities on the notify the Exchange in case it elects to Exchange in all cases other than as 9 17 CFR 249.25. delist its securities from the Exchange, provided pursuant to amended SEC 10 See Amendment No. 2, supra note 4. and upon such notification, the 11 In approving this proposal, the Commission has Rule 12d2–2(a). considered the proposed rule’s impact on Exchange would be required to issue a efficiency, competition, and capital formation. See 7 17 CFR 249.25. 15 U.S.C. 78c(f). 14 See CBOE Rule 31.94(G)(a)–(g). 8 See Securities Exchange Act Release No. 52029 12 15 U.S.C. 78f. 15 See CBOE Rule 31.94(G)(d). (July 14, 2005), 70 FR 42456 (July 22, 2005). 13 15 U.S.C. 78f(b)(5). 16 See CBOE Rule 31.94(G)(g).

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public notice of such determination. SECURITIES AND EXCHANGE believes that the proposed rule change The Commission believes that the COMMISSION should help eliminate the distortive proposal will better inform issuers of [Release No. 34–53664; File No. SR–CHX– practice of trade shredding, and, the requirements for voluntary delisting 2006–03] therefore, promote just and equitable of their securities under CBOE rules and principles of trade. federal securities laws. Self-Regulatory Organizations; IV. Conclusion The proposal also sets forth a new Chicago Stock Exchange, Inc.; Order requirement not in amended SEC Rule Granting Approval to Proposed Rule It is therefore ordered, pursuant to 12d2–2 that would require the issuer to Change Relating to the Prohibition of Section 19(b)(2) of the Act,6 that the notify the Exchange that it has filed Trade Shredding proposed rule change (File No. SR– Form 25 with the Commission April 17, 2006. CHX–2006–03), be and hereby is, contemporaneously with such filing. approved. I. Introduction The Commission believes that this For the Commission, by the Division of requirement will allow the Exchange to On January 24, 2006, the Chicago Market Regulation, pursuant to delegated be fully informed of the filing of a Form Stock Exchange, Inc. (‘‘CHX’’ or authority.7 ‘‘Exchange’’) filed with the Securities 25 and prepared to take timely action in Nancy M. Morris, accordance with the filing of the Form. and Exchange Commission (‘‘Commission’’) pursuant to Section Secretary. In addition, CBOE proposes to amend 19(b)(1) of the Securities Exchange Act [FR Doc. E6–6070 Filed 4–21–06; 8:45 am] CBOE Rule 31.94(G)(h) to state that in of 1934 (‘‘Act’’) 1 and Rule 19b–4 BILLING CODE 8010–01–P appropriate circumstances, when the thereunder,2 a proposed rule change Exchange is considering delisting relating to trade shredding. The because a company no longer meets the proposed rule change was published for SECURITIES AND EXCHANGE requirements for continued listing, a comment in the Federal Register on COMMISSION company may, with the consent of the March 16, 2006.3 The Commission Exchange, file a Form 25 with the SEC, received no comments on the proposal. [Release No. 34–53671; File Nos. SR–FICC– provided that it follows the This order approves the proposed rule 2006–03 and SR–NSCC–2006–03] requirements set forth in SEC Rule change. 12d2–2(c) and discloses that it is no Self-Regulatory Organizations; Fixed II. Description of the Proposal longer eligible for continued listing on Income Clearing Corporation and the Exchange in its written notice to the The Exchange proposed to amend its National Securities Clearing Exchange and public press release, and rules to prohibit its participants from Corporation; Notice of Filing of if it has a publicly accessible Web site, breaking customer orders into smaller Proposed Rule Changes To Institute a posts such notice on that Web site.17 multiple orders for the primary purpose Clearing Fund Premium Based Upon a The Commission believes that this of maximizing rebates or other Member’s Clearing Fund Requirement requirement will allow shareholders to payments to the participant without To Excess Regulatory Capital Ratio be informed and aware that the issuer regard for the customer’s interest. has failed to meet Exchange listing III. Discussion and Commission April 18, 2006. standards and is voluntarily delisting Findings Pursuant to Section 19(b)(1) of the with the consent of the Exchange. The Commission has reviewed Securities Exchange Act of 1934 1 Issuers will therefore not be permitted carefully the proposed rule change and (‘‘Act’’), notice is hereby given that on to delist voluntarily without public finds that it is consistent with the February 22, 2006, the Fixed Income disclosure of their noncompliance with requirements of the Act and the rules Clearing Corporation (‘‘FICC’’) and the Exchange listing standards. and regulations thereunder applicable to National Securities Clearing Corporation 4 (‘‘NSCC’’) filed with the Securities and IV. Conclusion a national securities exchange, particularly Section 6(b)(5) of the Act Exchange Commission (‘‘Commission’’) It is therefore ordered, pursuant to which, among other things, requires that the proposed rule changes described in section 19(b)(2) of the Act,18 that the the rules of a national securities Items I, II, and III below, which items proposed rule change (File No. SR– exchange be designed to promote just have been primarily prepared by FICC CBOE–2005–87), as amended, is and equitable principles of trade, to and NSCC. The Commission is approved. foster cooperation and coordination publishing this notice to solicit with persons engaged in regulating comments on the proposed rule changes For the Commission, by the Division of securities transactions, to remove from interested parties. Market Regulation, pursuant to delegated impediments to and to perfect the 19 authority. mechanism of a free and open market I. Self-Regulatory Organization’s Nancy M. Morris, and a national market system and, in Statement of the Terms of Substance of Secretary. general, to protect investors and the the Proposed Rule Changes public interest.5 The Commission [FR Doc. E6–6074 Filed 4–21–06; 8:45 am] FICC and NSCC are seeking to BILLING CODE 8010–01–P 1 15 U.S.C. 78s(b)(l). institute a clearing fund premium on 2 17 CFR 240. 19b–4. their members based on a member’s 3 See Securities Exchange Act Release No. 53441 clearing fund requirement to excess (March 8, 2006), 71 FR 13642. regulatory capital ratio. 4 In approving this proposed rule change, the Commission has considered the proposed rule’s 17 6 See Amendment No. 2, supra note 4. impact on efficiency, competition, and capital 15 U.S.C. 78s(b)(2). 18 Id. formation. See 15 U.S.C. 78c(f). 7 17 CFR 200.30–3(a)(12). 19 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78f(b)(5). 1 15 U.S.C. 78s(b)(1).

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II. Self-Regulatory Organization’s would be determined by multiplying: (a) regulatory capital premium would be Statement of the Purpose of, and The amount by which a member’s triggered when a member’s ratio of Statutory Basis for, the Proposed Rule clearing fund requirement exceeds its clearing fund requirement to excess Changes capital by (b) the member’s ratio of regulatory capital is greater than 1.0 and In its filing with the Commission, clearing fund to excess regulatory would be determined using the same FICC and NSCC included statements capital expressed as a percent. This formula as that proposed by FICC. The concerning the purpose of and basis for formula would allow the premium to new premium would be added to the proposed rule changes and increase or decrease in proportion to NSCC’s clearing fund formula in discussed any comments they received changes in the ratio and should allow Procedure XV (Clearing Fund Formula on the proposed rule changes. The text for risk management that is measured in and Other Matters).5 proportion to the risk presented. For of these statements may be examined at As a matter of practice, when a FICC the places specified in Item IV below. example, if a member has a clearing fund requirement of $11.4 million and or NSCC member’s clearing fund FICC and NSCC have prepared requirement to excess regulatory capital summaries, set forth in sections (A), (B), excess net capital of $10 million, its ratio is between .50 and 1.0, a warning and (C) below, of the most significant ratio is 1.14 (or 114 percent), and the notification will be issued which will aspects of these statements.2 applicable collateral premium would be 114 percent of $1.4 million (i.e., the put the member on notice that a (A) Self-Regulatory Organization’s amount by which the member’s clearing collateral premium will be required if Statement of the Purpose of, and fund requirement exceeds its excess net the ratio reaches an amount greater than Statutory Basis for, the Proposed Rule capital) or $1,596,000. If the same 1.0. When a member’s ratio exceeds 1.0, Changes member had a clearing fund it will be notified on that business day 1. FICC Clearing Fund Premium requirement of $20 million, its ratio that a collateral premium has been would be 2.0 (or 200 percent), and the calculated and will be collected. The degree to which the collateral applicable collateral premium would be FICC and NSCC will reserve the right requirement of a clearing agency 200 percent of $10 million or $20 to: (i) Apply a lesser collateral premium member compares to the member’s million. excess regulatory capital is an important Currently, the collateral premium (including no premium) based on indicator of the potential risk that the applies to members whose excess specific circumstances (such as a member presents to the clearing agency. regulatory capital is measured as excess member being subject to an unexpected In 2002, the Government Securities net capital, excess liquid capital, or haircut or capital charge that does not Clearing Corporation (‘‘GSCC’’), the excess adjusted net capital. The fundamentally change its risk profile) predecessor to the Government proposed rule change seeks to also and (ii) return all or a portion of the Securities Division (‘‘GSD’’) of FICC, include excess equity capital as premium amount if it believes that the received Commission approval to regulatory excess capital so that the member’s risk profile does not require impose a collateral premium on netting premium can be applied to bank and the maintenance of that amount. members whose clearing fund trust company netting members whose FICC and NSCC believe that the requirement exceeds their excess 3 capital is measured as equity capital. proposed rule changes are consistent regulatory capital. Specifically, the The proposed rule change also seeks GSD currently imposes a 25 percent with the requirements of Section 17A of an additional change to Rule 4 (Clearing 6 collateral premium when a member’s the Act and the rules and regulations Fund, Watch List and Loss Allocation), thereunder applicable to FICC and ratio of clearing fund requirement to Section 3 (Watch List) to remove a excess net capital, excess liquid capital, NSCC because they should help FICC provision which states that FICC may and NSCC assure the safeguarding of excess regulatory capital, or excess require a netting member to adjust its adjusted capital is greater than 1.0. The securities and funds which are in their trading activity so that its excess custody or control or for which they are 25 percent premium is applied to the regulatory capital ratio decreases to a amount by which the member’s clearing responsible by allowing FICC and NSCC satisfactory level. This provision was to more effectively manage risk fund requirement exceeds the member’s appropriate under the fixed 25 percent excess regulatory capital. presented by certain members. premium but no longer would be In order to more effectively manage appropriate because the proposed rule (B) Self-Regulatory Organization’s the risk posed by a GSD member whose Statement on Burden on Competition activity causes it to have a clearing fund change would impose a variable premium based on activity which would requirement that is greater than its FICC and NSCC do not believe that excess regulatory capital, FICC now require members to adjust their trading activity or be subject to the higher the proposed rule changes would proposes to strengthen the above- impose any burden on competition. mentioned risk management tool by premium. applying a clearing fund premium that 2. NSCC Clearing Fund Premium (C) Self-Regulatory Organization’s Statement on Comments on the is equal to the member’s ratio of clearing NSCC is proposing to impose a Proposed Rule Changes Received From fund requirement to excess regulatory clearing fund premium on Rule 2 capital in place of the current flat (Members) broker/dealer and bank Members, Participants or Others premium of 25 percent.4 The premium members whose clearing fund Written comments were not and are requirement exceeds their regulatory 2 The Commission has modified the text of the not intended to be solicited with respect summaries prepared by FICC and NSCC. excess capital. NSCC’s proposed excess to the proposed rule changes, and none 3 Securities Exchange Act Release No. 45647 regulatory capital premium would apply have been received. (March 26, 2002), 67 FR 15438 (April 1, 2002) [File to members whose regulatory excess No. SR–GSCC–2001–15]. ‘‘Excess regulatory capital is measured as excess net capital capital’’ for purposes of GSD’s collateral premium 5 This premium would not apply to the Canadian included excess net capital, excess liquid capital, or or excess equity capital. The excess Depository for Securities Limited (‘‘CDS’’) clearing excess adjusted capital. fund requirement that is computed pursuant to 4 If FICC imposes this premium on a Netting part of the netting member’s ‘‘required fund Appendix 1 of NSCC’s rules. Member, then it shall be considered included as deposit’’ as defined in the GSD’s rules. 6 15 U.S.C. 78q–1.

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III. Date of Effectiveness of the will be available for inspection and I. Self-Regulatory Organization’s Proposed Rule Changes and Timing for copying at the principal offices of FICC Statement of the Terms of Substance of Commission Action and NSCC and on FICC’s Web site at the Proposed Rule Change Within thirty-five days of the date of http://www.ficc.com/gov/ NASD proposes to amend NASD Rule publication of this notice in the Federal gov.docs.jsp?NS-query and on NSCC’s 3080 (Disclosure to Associated Persons Register or within such longer period (i) Web site at http://www.nscc.com/legal/ When Signing Form U–4) to correct the as the Commission may designate up to All comments received will be posted reference to the name of the Form U4 ninety days of such date if it finds such without change; the Commission does (Uniform Application for Securities longer period to be appropriate and not edit personal identifying Industry Registration or Transfer) and publishes its reasons for so finding or information from submissions. You the location of the predispute arbitration (ii) as to which the self-regulatory should submit only information that clause in the Form U4. The text of the organization consents, the Commission you wish to make available publicly. All proposed rule change is available on will: submissions should refer to File NASD’s Web site, http://www.nasd.com, (A) By order approve such proposed Numbers SR–FICC–2006–03 and SR– at NASD’s Office of the Secretary, and rule changes or NSCC–2006–03 and should be at the Commission’s Public Reference (B) institute proceedings to determine Room. whether the proposed rule changes submitted on or before May 15, 2006. should be disapproved. For the Commission by the Division II. Self-Regulatory Organization’s of Market Regulation, pursuant to Statement of the Purpose of, and IV. Solicitation of Comments delegated authority.7 Statutory Basis for, the Proposed Rule Interested persons are invited to Change submit written data, views, and Nancy M. Morris, In its filing with the Commission, arguments concerning the foregoing, Secretary. NASD included statements concerning including whether the proposed rule [FR Doc. E6–6066 Filed 4–21–06; 8:45 am] the purpose of, and basis for, the changes are consistent with the Act. BILLING CODE 8010–01–P proposed rule change and discussed any Comments may be submitted by any of comments it received on the proposed the following methods: rule change. The text of these statements Electronic Comments SECURITIES AND EXCHANGE may be examined at the places specified in Item IV below. NASD has prepared • COMMISSION Use the Commission’s Internet summaries, set forth in sections A, B, comment form (http://www.sec.gov/ [Release No. 34–53669; File No. SR–NASD– and C below, of the most significant rules/sro.shtml); or aspects of such statements. • Send an e-mail to rule- 2006–046] [email protected]. Please include File A. Self-Regulatory Organization’s Numbers SR–FICC–2006–03 and SR– Self-Regulatory Organizations; Statement of the Purpose of, and NSCC–2006–03 on the subject line. National Association of Securities Statutory Basis for, the Proposed Rule Dealers, Inc.; Notice of Filing and Change Paper Comments Immediate Effectiveness of Proposed 1. Purpose • Send paper comments in triplicate Rule Change Relating to Technical to Nancy M. Morris, Secretary, Amendments to Rule 3080 (Disclosure NASD Rule 3080 requires that Securities and Exchange Commission, to Associated Persons When Signing members disclose to associated persons 100 F Street, NE., Washington, DC Form U–4) certain information regarding the nature 20549–1090. and process of arbitration proceedings All submissions should refer to File April 18, 2006. that the associated person agrees to be Numbers SR–FICC–2006–03 and SR– Pursuant to section 19(b)(1) of the bound by upon signing a Form U4. The references to the name of the Form and NSCC–2006–03. These file numbers Securities Exchange Act of 1934 the location of the predispute arbitration should be included on the subject line (‘‘Act’’),1 and Rule 19b–4 thereunder,2 if e-mail is used. To help the clause in the Form are not correct due notice is hereby given that on April 13, to prior amendments to the Form.4 Commission process and review your 2006, the National Association of comments more efficiently, please use Accordingly, the proposed rule change Securities Dealers, Inc. (‘‘NASD’’) filed only one method. The Commission will will amend NASD Rule 3080 to with the Securities and Exchange post all comments on the Commission’s eliminate the hyphen in the name of the Internet Web site (http://www.sec.gov/ Commission (‘‘Commission’’) the Form U4 and to indicate that the rules/sro.shtml). Copies of the proposed rule change as described in predispute arbitration clause is in Item submission, all subsequent Items I and II below, which Items have 5 of section 15A of the Form U4. The amendments, all written statements been prepared by NASD. NASD filed the effective date and the implementation with respect to the proposed rule proposed rule change as a ‘‘non- date of the proposed rule change will be changes that are filed with the controversial’’ rule change under Rule the date of filing. 3 Commission, and all written 19b–4(f)(6) under the Act, which 2. Statutory Basis communications relating to the rendered the proposal effective upon NASD believes that the proposed rule proposed rule changes between the filing with the Commission. The change is consistent with section 15A of Commission and any person, other than Commission is publishing this notice to those that may be withheld from the solicit comments on the proposed rule 4 See Securities Exchange Act Release Nos. 48161 public in accordance with the change from interested persons. (July 10, 2003), 68 FR 42444 (July 17, 2003) (SR– provisions of 5 U.S.C. 552, will be NASD–2003–57) (which, among other things, available for inspection and copying in 7 17 CFR 200.30–3(a)(12). changed the name of the Form from ‘‘U–4’’ to ‘‘U4’’) and 45531 (March 11, 2002), 67 FR 11735 (March the Commission’s Public Reference 1 15 U.S.C. 78s(b)(1). 15, 2002) (SR–NASD–2002–05) (which, among Section, 100 F Street, NE., Washington, 2 17 CFR 240.19b–4. other things, relocated the predispute arbitration DC 20549. Copies of such filings also 3 17 CFR 240.19b–4(f)(6). clause to a new Section 15A of the Form U4).

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the Act,5 in general, and section be effective and operative upon filing not edit personal identifying 15A(b)(6) 6 of the Act, in particular, in with the Commission.9 information from submissions. You that it is designed to prevent fraudulent At any time within 60 days of the should submit only information that and manipulative acts and practices, to filing of the proposed rule change, the you wish to make available publicly. All promote just and equitable principles of Commission may summarily abrogate submissions should refer to File trade, and, in general, to protect such rule change if it appears to the Number SR–NASD–2006–046 and investors and the public interest. NASD Commission that such action is should be submitted on or before May believes that amending the references in necessary or appropriate in the public 15, 2006. NASD Rule 3080 to the name of the interest, for the protection of investors, or otherwise in the furtherance of the For the Commission, by the Division of Form and the location of the predispute Market Regulation, pursuant to delegated purposes of the Act. arbitration clause in the Form will authority.10 eliminate confusion as to these points. IV. Solicitation of Comments Nancy M. Morris, B. Self-Regulatory Organization’s Interested persons are invited to Secretary. Statement on Burden on Competition submit written data, views, and [FR Doc. E6–6076 Filed 4–21–06; 8:45 am] arguments concerning the foregoing, BILLING CODE 8010–01–P NASD does not believe that the including whether the proposed rule proposed rule change will impose any change is consistent with the Act. burden on competition that is not Comments may be submitted by any of SECURITIES AND EXCHANGE necessary or appropriate in furtherance the following methods: COMMISSION of the purposes of the Act. Electronic Comments C. Self-Regulatory Organization’s • Use the Commission’s Internet [Release No. 34–53663; File No. SR–NSX– Statement on Comments on the comment form (http://www.sec.gov/ 2006–05] Proposed Rule Change Received From rules/sro.shtml); or Self-Regulatory Organizations; Members, Participants or Others • Send an e-mail to rule- National Stock Exchange; Notice of [email protected]. Please include File NASD has neither solicited nor Filing of Proposed Rule Change To Number SR–NASD–2006–046 on the received written comments on the Prohibit Tape Shredding proposed rule change. subject line. Paper Comments April 17, 2006. III. Date of Effectiveness of the • Proposed Rule Change and Timing for Send paper comments in triplicate Pursuant to Section 19(b)(1) of the Commission Action to Nancy M. Morris, Secretary, Securities Exchange Act of 1934, as Securities and Exchange Commission, amended, (‘‘Act’’) 1 and Rule 19b–4 Because the proposed rule change: (i) 100 F Street, NE., Washington, DC thereunder,2 notice is hereby given that Does not significantly affect the 20549–1090. on April 4, 2006, National Stock protection of investors or the public All submissions should refer to File Exchange SM (‘‘NSX’’ or ‘‘Exchange’’) interest; (ii) does not impose any Number SR–NASD–2006–046. This file filed with the Securities and Exchange significant burden on competition; and number should be included on the Commission (‘‘Commission’’) the (iii) by its terms, does not become subject line if e-mail is used. To help the proposed rule change as described in operative for 30 days after the date of Commission process and review your Items I, II, and III below, which Items filing, or such shorter time as the comments more efficiently, please use have been prepared by the Exchange. Commission may designate, if only one method. The Commission will The Commission is publishing this consistent with the protection of post all comments on the Commission’s notice to solicit comments on the investors and the public interest, the Internet Web site (http://www.sec.gov/ proposed rule change from interested proposed rule change has become rules/sro.shtml). Copies of the persons. effective pursuant to section 19(b)(3)(A) submission, all subsequent I. Self-Regulatory Organization’s of the Act 7 and subparagraph (f)(6) of amendments, all written statements Statement of the Terms of Substance of Rule 19b–4 thereunder.8 with respect to the proposed rule the Proposed Rule Change NASD has requested that the change that are filed with the Commission waive the 30-day operative Commission, and all written The Exchange is proposing to add an delay period for ‘‘non-controversial’’ communications relating to the interpretation to Rule 3.1, which proposals and make the proposed rule proposed rule change between the identifies the splitting of any order into change effective and operative upon Commission and any person, other than multiple smaller orders (‘‘tape filing. The Commission believes that those that may be withheld from the shredding’’) for any purpose other than waiver of the 30-day operative delay is public in accordance with the best execution as contrary to the high consistent with the protection of provisions of 5 U.S.C. 552, will be standards of commercial honor and just investors and the public interest, available for inspection and copying in and equitable principles of trade. The because the proposed rule change is the Commission’s Public Reference text of the proposed rule change is intended to correct references and cross- Room. Copies of such filing also will be below. Proposed new language is in references in NASD 3080 which are no available for inspection and copying at italic. longer correct due to the operation of the principal office of NASD. All comments received will be posted RULES OF NATIONAL STOCK prior rule changes. For this reason, the EXCHANGE Commission designates the proposal to without change; the Commission does * * * * * 9 For the purposes only of accelerating the 5 15 U.S.C. 78o–3. operative date of this proposal, the Commission has 6 15 U.S.C. 78o–3(b)(6). considered the proposed rule’s impact on 10 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78s(b)(3)(A). efficiency, competition and capital formation. 15 1 15 U.S.C. 78s(b)(1). 8 17 CFR 240.19b–4(f)(6). U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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CHAPTER III. in general, and furthers the objectives of All submissions should refer to File 4 Rules of Fair Practice Section 6(b)(5) of the Act, in particular, Number SR–NSX–2006–05. This file in that it is designed to promote just and number should be included on the Rule 3.1. Business Conduct of Members equitable principles of trade, to remove subject line if e-mail is used. To help the A member, in the conduct of his impediments to, and perfect the Commission process and review your business, shall observe high standards mechanism of, a free and open market comments more efficiently, please use of commercial honor and just and and a national market system, and, in only one method. The Commission will equitable principles of trade general, to protect investors and the post all comments on the Commission’s Interpretations and Policies: public interest. Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the 01. A member may not split any order B. Self-Regulatory Organization’s submission, all subsequent into multiple smaller orders for any Statement on Burden on Competition purpose other than seeking the best amendments, all written statements execution for the entire order. The Exchange does not believe that with respect to the proposed rule the proposed rule change will impose * * * * * change that are filed with the any inappropriate burden on Commission, and all written II. Self-Regulatory Organization’s competition. communications relating to the Statement of the Purpose of, and C. Self-Regulatory Organization’s proposed rule change between the Statutory Basis for, the Proposed Rule Statement on Comments on the Commission and any person, other than Change Proposed Rule Change Received From those that may be withheld from the In its filing with the Commission, the Members, Participants or Others public in accordance with the provisions of 5 U.S.C. 552, will be Exchange included statements The Exchange has neither solicited concerning the purpose of, and basis for, available for inspection and copying in nor received written comments on the the Commission’s Public Reference the proposed rule change and discussed proposed rule change. any comments it received on the Room. Copies of such filing also will be proposed rule change. The text of these III. Date of Effectiveness of the available for inspection and copying at statements may be examined at the Proposed Rule Change and Timing for the principal offices of NSX. All places specified in Item IV below. The Commission Action comments received will be posted without change; the Commission does NSX has prepared summaries, set forth Within 35 days of the date of not edit personal identifying in Sections A, B, and C below, of the publication of this notice in the Federal information from submissions. You most significant aspects of such Register or within such longer period (i) should submit only information that statements. as the Commission may designate up to you wish to make available publicly. All 90 days of such date if it finds such A. Self-Regulatory Organization’s submissions should refer to File longer period to be appropriate and Statement of the Purpose of, and Number SR–NSX–2006–05 and should publishes its reasons for so finding or Statutory Basis for, the Proposed Rule be submitted on or before May 15, 2006. (ii) as to which the self-regulatory Change organization consents, the Commission For the Commission, by the Division of 1. Purpose will: Market Regulation, pursuant to delegated 5 (A) By order approve such proposed authority. The Commission has expressed Nancy M. Morris, concern that participants in the United rule change, or (B) Institute proceedings to determine Secretary. States securities markets may be whether the proposed rule change [FR Doc. E6–6067 Filed 4–21–06; 8:45 am] engaging in the practice of ‘‘tape should be disapproved. shredding,’’ the practice of unbundling BILLING CODE 8010–01–P customer orders into multiple smaller IV. Solicitation of Comments orders for the primary purpose of Interested persons are invited to SECURITIES AND EXCHANGE maximizing payments to the participant submit written data, views, and COMMISSION or participant firms. Accordingly, the arguments concerning the foregoing, Commission has requested self- [Release No. 34–53658; File No. SR–NYSE– including whether the proposed rule 2006–20] regulatory organizations to adopt rules change is consistent with the Act. to prohibit the practice. Comments may be submitted by any of Self-Regulatory Organizations; New The Exchange strongly believes that the following methods: York Stock Exchange, LLC; Notice of the practice of tape shredding is Filing of Proposed Rule Change and inappropriate and should be prohibited. Electronic Comments Amendment No. 1 Thereto to List and Further, it believes that tape shredding • Use the Commission’s Internet Trade Index-Linked Securities of constitutes conduct that is inconsistent comment form (http://www.sec.gov/ Barclays Bank PLC Linked to the with the high standard of commercial rules/sro.shtml); or  • Performance of the GSCI Total Return honor and just and equitable principles Send an e-mail to rule- Index of trade. Accordingly, the Exchange is [email protected]. Please include File adding an interpretation and policy to Number SR–NSX–2006–05 on the April 14, 2006. its Rule 3.1 to explicitly prohibit NSX subject line. Pursuant to section 19(b)(1) of the members from splitting large orders into Securities Exchange Act of 1934 Paper Comments multiple smaller orders for any purpose (‘‘Act’’),1 and Rule 19b–4 thereunder,2 other than best execution. • Send paper comments in triplicate notice is hereby given that on March 13, to Nancy M. Morris, Secretary, 2. Statutory Basis 2006 the New York Stock Exchange LLC Securities and Exchange Commission, (‘‘NYSE’’ or ‘‘Exchange’’) filed with the The proposed rule change is Station Place, 100 F Street, NE., consistent with Section 6(b) of the Act,3 Washington, DC 20549–1090. 5 17 CFR 200.30–3(a)(12). 1 15 U.S.C 78s(b)(1). 3 15 U.S.C. 78f(b). 4 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4.

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Securities and Exchange Commission under the name ‘‘iPath SM Exchange- Holders who have not previously (‘‘Commission’’ or ‘‘SEC’’) the proposed Traded Notes.’’ 5 redeemed their Notes will receive a cash rule change as described in Items I, II, The Exchange believes that the Notes payment at maturity equal to the and III below, which Items have been will conform to the initial listing principal amount of their Notes times prepared by the Exchange. On March standards for equity securities under the index factor on the Final Valuation 27, 2006, NYSE filed Amendment No. 1 section 703.19 of the Manual, as Date (as defined below) minus the to the proposed rule change.3 The Barclays is an affiliate of Barclays PLC,6 investor fee on the Final Valuation Date. Commission is publishing this notice to an Exchange listed company in good The ‘‘index factor’’ on any given day solicit comments on the proposed rule standing, the Notes will have a will be equal to the closing value of the change, as amended, from interested minimum life of one year, the minimum Index on that day divided by the initial persons. public market value of the Notes at the index level. The index factor on the time of issuance will exceed $4 million, Final Valuation Date will be equal to the I. Self-Regulatory Organization’s there will be at least one million Notes final index level divided by the initial Statement of the Terms of Substance of outstanding, and there will be at least index level. The ‘‘initial index level’’ is the Proposed Rule Change 400 holders at the time of issuance. the closing value of the Index on the The NYSE proposes to list and trade The Notes are a series of medium- date of issuance of the Notes (the ‘‘Trade Index-Linked Securities (the ‘‘Notes’’) of term debt securities of Barclays that Date’’), and the ‘‘final index level’’ is the Barclays Bank PLC (‘‘Barclays’’) linked provide for a cash payment at maturity closing value of the Index on the Final to the performance of the GSCI Total or upon earlier exchange at the holder’s Valuation Date. The investor fee is equal Return Index (the ‘‘Index’’). The text of option, based on the performance of the to 0.75% per year times the principal the proposed rule change is available on Index subject to the adjustments amount of a holder’s Notes times the the Exchange’s Web site (http:// described below. The principal amount index factor, calculated on a daily basis www.nyse.com), at the principal office of each Note is expected to be $50. The in the following manner: the investor of the Exchange, and at the Notes will trade on the Exchange’s fee on the Trade Date will equal zero. Commission’s Public Reference Room. equity trading floor, and the Exchange’s On each subsequent calendar day until existing equity trading rules will apply maturity or early redemption, the II. Self-Regulatory Organization’s to trading in the Notes. The Notes will investor fee will increase by an amount Statement of the Purpose of, and not have a minimum principal amount equal to 0.75% times the principal Statutory Basis for, the Proposed Rule that will be repaid and, accordingly, amount of a holder’s Notes times the Change payment on the Notes prior to or at index factor on that day (or, if such day In its filing with the Commission, the maturity may be less than the original is not a trading day, the index factor on NYSE included statements concerning issue price of the Notes. In fact, the the immediately preceding trading day) the purpose of, and basis for, the value of the Index must increase for the divided by 365. The investor fee is the proposed rule change and discussed any investor to receive at least the $50 only fee holders will be charged in comments it received on the proposed principal amount per Note at maturity connection with their ownership of the rule change. The text of these statements or upon exchange or redemption. If the Notes. Prior to maturity, holders may, subject may be examined at the places specified value of the Index decreases or does not to certain restrictions, redeem their in Item IV below. The NYSE has increase sufficiently to offset the Notes on any Redemption Date (defined prepared summaries, set forth in investor fee (described below), the below) during the term of the Notes sections A, B, and C below, of the most investor will receive less, and possibly provided that they present at least significant aspects of such statements. significantly less, than the $50 principal amount per Note. In addition, holders of 50,000 Notes for redemption, or they act A. Self-Regulatory Organization’s the Notes will not receive any interest through a broker or other financial Statement of the Purpose of, and the payments from the Notes. The Notes are intermediaries (such as a bank or other Statutory Basis for, the Proposed Rule expected to have a term of 30 years. The financial institution not required to Change Notes are not callable.7 register as a broker-dealer to engage in securities transactions) that are willing 1. Purpose 5 Goldman, Sachs & Co. and Barclays have to bundle their Notes for redemption The Notes entered into a license agreement granting to with other investors’ Notes. If a holder Barclays a non-transferable, non-exclusive license chooses to redeem such holder’s Notes Under section 703.19 of the NYSE  to use the Goldman Sachs Commodity Index or on a Redemption Date, such holder will Listed Company Manual (the any sub-indices (individually and collectively, the  receive a cash payment on such date ‘‘Manual’’), the Exchange may approve ‘‘GSCI ’’) in connection with the Notes. Goldman, equal to the principal amount of such for listing and trading securities not Sachs & Co. or any of its affiliates or subsidiaries, individually or collectively, are referred to as the holder’s Notes times the index factor on otherwise covered by the criteria of ‘‘Index Sponsor.’’ the applicable Valuation Date minus the sections 1 and 7 of the Manual, 6 The issuer of the Notes, Barclays, is an affiliate investor fee on the applicable Valuation provided the issue is suited for auction of an Exchange-listed company (Barclays PLC) and Date. A ‘‘Redemption Date’’ is the third market trading.4 The Exchange proposes not an Exchange-listed company itself. However, Barclays, though an affiliate of Barclays PLC, would business day following a Valuation Date to list and trade, under section 703.19 exceed the Exchange’s earnings and minimum (other than the Final Valuation Date of the Manual, the Notes, which are tangible net worth requirements in section 102. (defined below)). A ‘‘Valuation Date’’ is linked to the performance of the Index. Additionally, the Exchange states that the Notes each Thursday from the first Thursday Barclays intends to issue the Notes when combined with the original issue price of all other Note offerings of the issuer that are listed on after issuance of the Notes until the last a national securities exchange (or association) does Thursday before maturity of the Notes 3 In Amendment No. 1, the Exchange notes a not exceed 25% of the issuer’s net worth. proposed Supplementary Material to Rule 1301B in Telephone conference between Florence E. Harmon, (the ‘‘Final Valuation Date’’) inclusive 8 SR–NYSE–2006–17, which sets forth guidelines for Senior Special Counsel, Division of Market (or, if such date is not a trading day, specialists applicable to this product. Regulation (‘‘Division’’), Commission, and John 4 See Securities Exchange Act Release No. 28217 Carey, Assistant General Counsel, Exchange, on 8 A ‘‘trading day’’ is a day on which (i) the value (July 18, 1990), 55 FR 30056 (July 24, 1990) (SR– April 11, 2006 (‘‘April 11 Telephone Conference’’). of the Index is published by the Index Sponsor, (ii) NYSE–90–30). 7 April 11 Telephone Conference. Continued

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the next succeeding trading day), unless unwind all or a material portion of a having a qualified financial institution, the calculation agent determines that a hedge with respect to the Notes that of the kind and selected as described market disruption event, as described Barclays or Barclays’ affiliates have below, expressly assume all Barclays’ below, occurs or is continuing on that effected or may effect as described payment and other obligations with day.9 In that event, the Valuation Date herein in connection with the sale of the respect to the Notes as of that day and for the maturity date or corresponding Notes.11 as if no default or acceleration had Redemption Date, as the case may be, If a Valuation Date is postponed by occurred, or to undertake other will be the first following trading day on five trading days, that fifth day will obligations providing substantially which the calculation agent determines nevertheless be the date on which the equivalent economic value to the that a market disruption event does not value of the Index will be determined by holders of the Notes with respect to the occur and is not continuing. In no event, the calculation agent. In such an event, Notes. That cost will equal: however, will a Valuation Date be the calculation agent will make a good • The lowest amount that a qualified postponed by more than five trading faith estimate in its sole discretion of financial institution would charge to days. the value of the Index. effect this assumption or undertaking, Any of the following will be a market To redeem their Notes, holders must plus disruption event: (i) A material instruct their broker or other person • The reasonable expenses, including limitation, suspension or disruption in through whom they hold their Notes to reasonable attorneys’ fees, incurred by the trading of any Index component that take the following steps: the holders of the Notes in preparing • results in a failure by the trading facility Deliver a notice of redemption to any documentation necessary for this on which the relevant contract is traded Barclays via email by no later than 11 assumption or undertaking.13 to report a daily contract reference price a.m. New York time on the business day (i.e., the price of the relevant contract prior to the applicable Valuation Date. Indicative Value that is used as a reference or benchmark If Barclays receives such notice by the An intraday ‘‘Indicative Value’’ meant by market participants);10 (ii) the daily time specified in the preceding to approximate the intrinsic economic contract reference price for any Index sentence, it will respond by sending the value of the Notes will be calculated component is a ‘‘limit price,’’ which holder a confirmation of redemption; and published via the facilities of the • means that the daily contract reference Deliver the signed confirmation of Consolidated Tape Association (‘‘CTA’’) price for such contract has increased or redemption to Barclays via facsimile in every 15 seconds throughout the NYSE decreased from the previous day’s daily the specified form by 4 p.m. New York trading day on each day on which the contract reference price by the time on the same day. Barclays must Notes are traded on the Exchange.14 maximum amount permitted under the acknowledge receipt in order for the Additionally, Barclays or an affiliate confirmation to be effective; and applicable rules or procedures of the • will calculate and publish the closing relevant trading facility; (iii) failure by Transfer such holder’s book-entry Indicative Value of the Notes on each the Index Sponsor to publish the closing interest in its Notes to the trustee, The trading day at www.ipathetn.com. In value of the Index or of the applicable Bank of New York, on Barclays’ behalf connection with the Notes, the term trading facility or other price source to at or prior to 10 a.m. New York time on ‘‘Indicative Value’’ refers to the value at announce or publish the daily contract the applicable Redemption Date (the a given time determined based on the reference price for one or more Index third business day following the following equation: 12 components; or (iv) any other event, if Valuation Date). If holders elect to redeem their Notes, Indicative Value = Principal Amount the calculation agent determines in its per Unit X (Current Index Level sole discretion that the event materially Barclays may request that Barclays Capital Inc. (a broker-dealer) purchase Initial Index Level)—Current interferes with Barclays’ ability or the Investor Fee ability of any of Barclays’ affiliates to the Notes for the cash amount that would otherwise have been payable by where: Principal Amount per Unit = $50. trading is generally conducted on the Exchange, Barclays upon redemption. In this case, and (iii) trading is generally conducted on the Barclays will remain obligated to Current Index Level = The most recent markets on which the futures contracts underlying redeem the Notes if Barclays Capital Inc. published level of the Index as the GSCI are traded, in each case as determined fails to purchase the Notes. Any Notes reported by the Index Sponsor. by the calculation agent in its sole discretion. purchased by Barclays Capital Inc. may Initial Index Level = The Index level on 9 Barclays will serve as the initial calculation agent. remain outstanding. the trade date for the Notes. 10 The ‘‘daily contract reference price’’ with If an event of default occurs and the respect to each contract expiration and contract is maturity of the Notes is accelerated 13 Additional information about the default the price of the relevant contract, expressed in U.S. Barclays will pay the default amount in provisions of the Notes is provided in the dollars, that is generally used by participants in the respect of the principal of the Notes at Exchange’s Form 19b–4 and Barclays Bank PLC related cash or over-the-counter market as a Registration Statement Form F–3 (333–126811), as benchmark for transactions related to such contract. maturity. The default amount for the amended by Amendment No. 1 on September 11, The daily contract reference price may, but is not Notes on any day will be an amount, 2005. required to, be the price (i) used by such trading determined by the calculation agent in 14 The Indicative Value calculation will be facility or related clearing facility to determine the its sole discretion, equal to the cost of provided for reference purposes only. It is not margin obligations (if any) of its members or intended as a price or quotation, or as an offer or participants or (ii) referred to generally as the solicitation for the purchase, sale, redemption or reference, closing or settlement price of the relevant 11 If a ‘‘market disruption event’’ is of more than termination of the Notes, nor does it reflect hedging contract. If a trading facility publishes a daily a temporary nature, the Exchange will file a or transaction costs, credit considerations, market settlement price for a particular contract expiration, proposed rule change pursuant to Rule 19b–4 under liquidity, or bid-offer spreads. Published Index such settlement price will generally serve as the the Act. Unless approved for continued trading, the levels from the index sponsors may occasionally be daily contract reference price for such contract Exchange would commence delisting proceedings. subject to delay or postponement. Any such delays expiration unless, in the reasonable judgment of the See ‘‘Continued Listing Criteria,’’ infra. Telephone or postponements will affect the Current Index Index Sponsor, in consultation with the Policy conference between Florence Harmon, Senior Level and therefore the Indicative Value of the Committee, such settlement price does not satisfy Special Counsel, Division, Commission; John Carey, Notes. Index levels provided by the index sponsors the criteria set forth in this definition. The daily Assistant General Counsel, Exchange; and Michael will not necessarily reflect the depth and liquidity contract reference price of a contract may be Cavalier, Assistant General Counsel, Exchange, on of the underlying commodities markets. For this determined and published either by the relevant April 10, 2006 (‘‘April 10 Telephone Conference’’). reason and others, the actual trading price of the trading facility or by one or more third parties. 12 April 10 Telephone Conference. Notes may be different from their Indicative Value.

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Current Investor Fee = The most recent disseminated during NYSE trading commodities represented in the GSCI daily calculation of the investor fee hours should not be viewed as a real are weighted, on a production basis, to with respect to the Notes, time update of the redemption value. reflect their relative significance (in the determined as described above view of the Index Sponsor, in Description of the Index (which, during any trading day, will consultation with the Policy Committee) be the investor fee determined on The Exchange states that all to the world economy. The fluctuations the preceding calendar day). disclosure in this filing regarding the in the value of the GSCI are intended  The Indicative Value will not reflect Index and the GSCI is derived from generally to correlate with changes in price changes to the price of an publicly available information. The the prices of such physical commodities underlying commodity between the GSCI is a separate index from the Index; in global markets. The value of the  close of trading of the futures contract however, the value of the Index is GSCI has been normalized such that its at the relevant futures exchange and the derived from the GSCI, as described hypothetical level on January 2, 1970 17 close of trading on the NYSE at 4 p.m. below. was 100. Futures contracts on the  New York time.15 The value of the Notes The Index was established in May GSCI , and options on such futures may accordingly be influenced by non- 1991, and is designed to be a diversified contracts, are currently listed for trading concurrent trading hours between the benchmark for physical commodities as on the Chicago Mercantile Exchange. an asset class. The Index reflects the The contracts to be included in the NYSE and the various futures exchanges  on which the futures contracts based on excess returns that are potentially GSCI at any given time must satisfy the Index commodities are traded. available through an unleveraged several sets of eligibility criteria investment in the contracts comprising established by the Index Sponsor.20 While the Notes will trade on the NYSE  from 9:30 a.m. to 4 p.m. New York time, the GSCI plus the Treasury Bill rate of First, the Index Sponsor identifies those the table below lists the trading hours interest that could be earned on funds contracts that meet the general criteria for each of the Index components.16 committed to the trading of the for eligibility. Second, the contract underlying contracts.18 The value of the CBOT: volume and weight requirements are Corn ...... 10:30 a.m.–2:15 p.m. Index, on any given day, reflects (i) the applied and the number of contracts is price levels of the contracts included in determined, which serves to reduce the Soybeans ...... 10:30 a.m.–2:15 p.m.  Wheat ...... 10:30 a.m.–2:15 p.m. the GSCI (which represents the value list of eligible contracts. At that point,  CME: of the GSCI ); (ii) the ‘‘contract daily the list of designated contracts for the Feeder Cattle ...... 10:05 a.m.–2 p.m. return,’’ which is the percentage change relevant period is complete. The Lean Hogs ...... 10:10 a.m.–2 p.m. in the total dollar weight of the GSCI composition of the GSCI is also Live Cattle ...... 10:05 a.m.–2 p.m. from the previous day to the current reviewed on a monthly basis by the COMEX: day; and (iii) the Treasury Bill rate of Index Sponsor.21 Gold ...... 8:20 a.m.–1:30 p.m. interest that could be earned on funds Set forth below is a summary of the Silver ...... 8:25 a.m.–1:25 p.m. committed to the trading of the composition of and the methodology CSCE:  Coffee ...... 9:15 a.m.–12:30 p.m. underlying contracts. used to calculate the GSCI as of this Cocoa ...... 8 a.m.–11:50 a.m. Because the value of the Index reflects date. The methodology for determining Sugar #11 ...... 9 a.m.–12 p.m. the futures contracts included in the the composition and weighting of the ICE Futures: GSCI, the Exchange below describes the GSCI and for calculating its value is Brent Crude Oil .... 8 p.m.–5 p.m. index methodology for the GSCI. The subject to modification in a manner Gas Oil ...... 8 p.m.–5 p.m. GSCI, upon which the Index is based, consistent with the purposes of the KCBOT: is a proprietary index on a production- GSCI, as described below. The Index Kansas Wheat ...... 10:30 a.m.–2:15 p.m. weighted basket of futures contracts on Sponsor makes the official calculations NYBOT: physical commodities traded on trading  Cotton #2 ...... 10:30 a.m.–2:15 p.m. of the GSCI . At present, this NYMEX: facilities in major industrialized calculation is performed continuously 19  Heating Oil ...... 10:05 a.m.–2:30 p.m. countries. The GSCI is designed to be Natural Gas ...... 10 a.m.–2:30 p.m. a measure of the performance over time 20 Goldman, Sachs & Co. is the Index Sponsor for Unleaded Gasoline 10:05 a.m.–2:30 p.m. of the markets for these commodities. both the Index and the GSCI. Telephone conference WTI Crude Oil ...... 10 a.m.–2:30 p.m. The only commodities represented in between Florence E. Harmon, Senior Special  Counsel, Division, Commission, and Michael LME: the GSCI are those physical Cavalier, Assistant General Counsel, Exchange, on Aluminum ...... 6:55 a.m.–12 p.m. commodities on which active and liquid April 13, 2006 (‘‘April 13 Telephone Conference’’). Copper ...... 7 a.m.–12 p.m. contracts are traded on trading facilities 21 The Index Sponsor, Goldman, Sachs & Co., who Lead ...... 7:05 a.m.–11:50 a.m. in major industrialized countries. The calculates the GSCI and thus the Index, is a broker- Nickel ...... 7:15 a.m.–11:55 a.m. dealer. The Index Sponsor has represented to Zinc ...... 7:10 a.m.–11:55 a.m. Barclays that it will (i) implement and maintain 17 Telephone conference between Florence E. procedures reasonably designed to prevent the use While the market for futures trading Harmon, Senior Special Counsel, Division, and dissemination by officers and directors of the for each of the Index commodities is Commission, and John Carey, Assistant General Index Sponsor, in violation of applicable laws, rules open, the Indicative Value can be Counsel, Exchange, on April 14, 2006 (‘‘April 14 and regulations, of material non-public information Telephone Conference with John Carey’’). See also expected to closely approximate the relating to changes in the composition or method footnote 5, supra. of computation or calculation of the Index and (ii) redemption value of the Notes. 18 The Treasury Bill rate of interest used for periodically check the application of such However, during NYSE trading hours purposes of calculating the index on any day is the procedures as they relate to officers and directors when the futures contracts have ceased 91-day auction high rate for U.S. Treasury Bills, as of the Index Sponsor directly responsible for such trading, spreads and resulting premiums reported on Telerate page 56, or any successor page, changes. In addition, the Policy Committee on the most recent of the weekly auction dates prior members (as described below) are subject to written or discounts may widen, and therefore, to such day. policies with respect to material, non-public increase the difference between the 19 Futures contracts on physical commodities and information. Telephone conversation between price of the Notes and their redemption commodity indices are traded on regulated futures Florence Harmon, Senior Special Counsel, Division, value. The Indicative Value exchanges. Futures exchanges in the United States Commission; John Carey, Assistant General are subject to regulation by the Commodity Futures Counsel, Exchange; and Michael Cavalier, Assistant Trading Commission (‘‘CFTC’’) and futures markets General Counsel, Exchange, on April 14, 2006 15 April 10 Telephone Conference. outside the United States are generally subject to (‘‘April 14 Telephone Conference with John Carey 16 Id. regulation by comparable regulatory authorities. and Michael Cavalier’’).

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and is reported on Reuters page GSCI change pursuant to Rule 19b–4,23 the amount payable on the maturity date (or any successor or replacement page) seeking Commission approval to or upon redemption is equitable.26 and will be updated on Reuters at least continue trading the Notes. Unless The Exchange states that all every 15 seconds during business hours approved for continued listing, the determinations and adjustments to be on each day on which the offices of the Exchange would commence delisting made by the calculation agent with Index Sponsor in New York City are proceedings.24 respect to the value of the Index and the open for business (a ‘‘GSCI Business amount payable at maturity or upon Day’’).22 The settlement price for the Index Disruptions redemption or otherwise relating to the Index is also reported on Reuters page The Index is determined, calculated value of the Index may be made by the  GSCI (or any successor or replacement and maintained solely by the Index calculation agent in its sole discretion.27 page) on each GSCI Business Day Sponsor. If the Index Sponsor The Policy Committee between 4 p.m. and 6 p.m., New York discontinues publication of the Index The Index Sponsor has established a time. and it or any other person or entity Policy Committee to assist it with the In light of the rapid development of publishes a substitute index that the operation of the GSCI.28 The principal electronic trading platforms and the calculation agent determines is purpose of the Policy Committee is to potential for significant shifts in comparable to the Index and approves advise the Index Sponsor with respect liquidity between traditional exchanges as a successor index then the to, among other things, the calculation and such platforms, the Index Sponsor calculation agent will determine the of the GSCI, the effectiveness of the has undertaken a review of both the value of the Index on the applicable GSCI as a measure of commodity procedures for determining the Valuation Date and the amount payable  futures market performance and the contracts to be included in the GSCI , at maturity or upon redemption by need for changes in the composition or as well as the procedures for evaluating reference to such successor index. available liquidity on an intra-year basis the methodology of the GSCI. The in order to provide GSCI market If the calculation agent determines Policy Committee acts solely in an participants with efficient access to new that the publication of the Index is advisory and consultative capacity. All sources of liquidity and the potential for discontinued and that there is no decisions with respect to the more efficient trading. In particular, the successor index, or that the closing composition, calculation and operation Index Sponsor is examining the value of the Index is not available of the GSCI and the Index are made by conditions under which an instrument because of a market disruption event (as the Index Sponsor. traded on an electronic platform, rather defined below) or for any other reason, The Policy Committee generally meets than a traditional futures contract traded on the date on which the value of the in October of each year. Prior to the on a traditional futures exchange, Index is required to be determined, or meeting, the Index Sponsor determines should be permitted to be included in if for any other reason the Index is not the contracts to be included in the the GSCI and how the composition of available to Barclays or the calculation GSCI for the following calendar year the GSCI should respond to rapid agent on the relevant date, the and the weighting factors for each shifts in liquidity between such calculation agent will determine the commodity. The Policy Committee’s instruments and contracts currently amount payable by a computation members receive the proposed included in the GSCI. Any changes methodology that the calculation agent composition of the GSCI in advance of made to the GSCI composition or determines will as closely as reasonably the meeting and discuss the methodology as a result of this possible replicate the Index.25 composition at the meeting. The Index examination will be announced by the If the calculation agent determines Sponsor also consults the Policy Index Sponsor and provided in a that the Index, the Index components or Committee on any other significant written statement to any investor upon the method of calculating the Index has matters with respect to the calculation request to the calculation agent. been changed at any time in any and operation of the GSCI. The Policy Barclays will not have any obligation to respect—including any addition, Committee may, if necessary or notify holders of the Notes if the Index deletion or substitution and any practicable, meet at other times during Sponsor changes the composition of the reweighting or rebalancing of Index the year as issues arise that warrant its GSCI, the methodology of calculating components, and whether the change is consideration. the value of the GSCI or any other made by the Index Sponsor under its The Policy Committee currently policies of the Index Sponsor relevant to existing policies or following a consists of eight persons, three of whom the Index. However, the Exchange modification of those policies, is due to are employees of the Index Sponsor or would have to file a proposed rule the publication of a successor index, is its affiliates and five of whom are not due to events affecting one or more of affiliated with the Index Sponsor.29 22 Additionally, the intraday index value of the the Index components, or is due to any Index will be updated and disseminated at least other reason—then the calculation agent 26 Id. every 15 seconds by a major market data vendor 27 Id. during the time the Notes trade on the Exchange. will be permitted (but not required) to 28 The component selections for the GSCI would April 13 Telephone Conference. The intraday make such adjustments to the Index or obviously affect the Index. Telephone conference information with respect to the Index reported on method of calculating the Index as it between Florence Harmon, Senior Special Counsel, Reuters is derived solely from trading prices on the principal trading markets for the various Index believes are appropriate to ensure that Division, Commission, and Michael Cavalier, components. For example, the Index currently the value of the Index used to determine Assistant General Counsel, Exchange, on April 12, includes contracts traded on ICE Futures (‘‘ICE’’) 2006 (‘‘April 12 Telephone Conference’’). and the London Metal Exchange (the ‘‘LME’’), both 29 The current members of the Policy Committee 23 17 CFR 240.19b–4. of which are located in London and consequently who are affiliated with the Index Sponsor are Peter 24 have trading days that end several hours before See ‘‘Continued Listing Criteria,’’ infra. April O’Hagan, Steven Strongin and Laurie Ferber, each those of the U.S.-based markets on which the rest 10 Telephone Conference. of whom is a Managing Director of Goldman, Sachs of the Index components are traded. During the 25 In such case, the Exchange will file a proposed & Co. The current non-affiliated members and their portion of the New York trading day when ICE and rule change pursuant to Rule 19b-4 under the Act. affiliations are: Richard Redding (Chicago LME are closed, the last reported prices for Index Unless approved for continued trading, the Mercantile Exchange), Kenneth A. Froot (finance Components traded on ICE or LME are used to Exchange would commence delisting proceedings. professor at the Harvard Business School), Dan calculate the intraday Index information See ‘‘Continued Listing Criteria,’’ infra. April 10 Kelly (Harvard Management Company), Jelle disseminated on Reuters. Telephone Conference. Beenen (PGGM), and Tham Chiew Kit (GIC). As

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Composition of the GSCI GSCI. In appropriate circumstances, most recent annual periods used in In order to be included in the GSCI, however, the Index Sponsor may making the determination. (8) A contract that is not included in a contract must satisfy the following determine that a shorter time period is the GSCI at the time of determination eligibility criteria: sufficient or that historical daily and that is based on a commodity on (1) The contract must: contract reference prices for such which there are one or more contracts • Be in respect of a physical contract may be derived from daily contract reference prices for a similar or already included in the GSCI at such commodity (rather than a financial related contract. The daily contract time must, in order to be added to the commodity);  reference price may be (but is not GSCI at such time, have a total dollar • Have a specified expiration or term, required to be) the settlement price or value traded, over the relevant period, or provide in some other manner for other similar price published by the as the case may be and annualized, of delivery or settlement at a specified relevant trading facility for purposes of at least U.S. $30 billion. time, or within a specified period, in the margining transactions or for other (9) A contract that is already included future; and  • purposes. in the GSCI at the time of At any given point in time, be (4) At and after the time a contract is determination and that is based on a available for trading at least five months included in the GSCI, the daily commodity on which there are one or prior to its expiration or such other date contract reference price for such more contracts already included in the or time period specified for delivery or contract must be published between 10 GSCI at such time must, in order to settlement. a.m. and 4 p.m., New York time, on continue to be included in the GSCI (2) The commodity must be the each GSCI Business Day relating to after such time, have a total dollar value subject of a contract that: traded, over the relevant period, as the • such contract by the trading facility on Is denominated in U.S. dollars; and or through which it is traded and must case may be and annualized, of at least • Is traded on or through an generally be available to all members of, U.S. $10 billion and at least U.S. $20 exchange, facility or other platform or participants in, such facility (and, if billion during at least one of the three (referred to as a ‘‘trading facility’’) that the Index Sponsor is not such a member most recent annual periods used in has its principal place of business or or participant, to the Index Sponsor) on making the determination. operations in a country which is a the same day from the trading facility or (10) A contract that is already member of the Organization for through a recognized third-party data included in the GSCI at the time of Economic Cooperation and vendor. Such publication must include, determination must, in order to Development 30 and: at all times, daily contract reference continue to be included after such time, • Makes price quotations generally prices for at least one expiration or have a reference percentage dollar available to its members or participants settlement date that is five months or weight of at least 0.10%. The reference (and, if the Index Sponsor is not such more from the date the determination is percentage dollar weight of a contract is a member or participant, to the Index made, as well as for all expiration or determined by multiplying the CPW Sponsor) in a manner and with a settlement dates during such five-month (defined below) of a contract by the frequency that is sufficient to provide period. average of its daily contract reference reasonably reliable indications of the (5) Volume data with respect to such prices on the last day of each month level of the relevant market at any given contract must be available for at least during the relevant period. These point in time; the three months immediately preceding amounts are summed for all contracts • Makes reliable trading volume the date on which the determination is included in the GSCI and each information available to the Index made. contract’s percentage of the total is then Sponsor with at least the frequency (6) A contract that is not included in determined. required by the Index Sponsor to make the GSCI at the time of determination (11) A contract that is not included in the monthly determinations; and that is based on a commodity that the GSCI at the time of determination • Accepts bids and offers from is not represented in the GSCI at such must, in order to be added to the GSCI multiple participants or price providers; time must, in order to be added to the at such time, have a reference and GSCI at such time, have a total dollar percentage dollar weight of at least • Is accessible by a sufficiently broad value traded, over the relevant period, 1.00%. range of participants. as the case may be and annualized, of (12) In the event that two or more (3) The daily contract reference price at least U.S. $15 billion. The total dollar contracts on the same commodity satisfy for the relevant contract generally must value traded is the dollar value of the the eligibility criteria, such contracts  have been available on a continuous total quantity of the commodity will be included in the GSCI in the basis for at least two years prior to the underlying transactions in the relevant order of their respective total quantity proposed date of inclusion in the contract over the period for which the traded during the relevant period calculation is made, based on the (determined as the total quantity of the stated, the Policy Committee are subject to written average of the daily contract reference commodity underlying transactions in policies with respect to material, non-public prices on the last day of each month the relevant contract), with the contract information. Telephone conference between during the period. having the highest total quantity traded Florence Harmon, Senior Special Counsel, Division, Commission, and Michael Cavalier, Assistant (7) A contract that is already included being included first, provided that no  General Counsel, Exchange, on April 14, 2006 in the GSCI at the time of further contracts will be included if (‘‘April 14 Telephone Conference with Michael determination and that is the only such inclusion would result in the Cavalier’’). contract on the relevant commodity portion of the GSCI attributable to such 30 The Organization for Economic Cooperation included in the GSCI must, in order to commodity exceeding a particular level. and Development has 30 member countries:  Australia, Austria, Belgium, Canada, Czech continue to be included in the GSCI If additional contracts could be Republic, Denmark, Finland, France, Germany, after such time, have a total dollar value included with respect to several Greece, Hungary, Iceland, Ireland, Italy, Japan, traded, over the relevant period, as the commodities at the same time, that Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak case may be and annualized, of at least procedure is first applied with respect Republic, Spain, Sweden, Switzerland, Turkey, U.S. $5 billion and at least U.S. $10 to the commodity that has the smallest United Kingdom, and the United States. billion during at least one of the three portion of the GSCI attributable to it at

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the time of determination. Subject to the underlying commodity as published by are necessary or appropriate in order to other eligibility criteria set forth above, the United Nations Statistical Yearbook, assure that the GSCI represents a the contract with the highest total the Industrial Commodity Statistics measure of commodity market quantity traded on such commodity will Yearbook and other official sources. performance. The Index Sponsor has the be included. Before any additional However, if a commodity is primarily a discretion to make any such contracts on the same commodity or on regional commodity, based on its modifications. any other commodity are included, the production, use, pricing, transportation Contract Expirations portion of the GSCI attributable to all or other factors, the Index Sponsor may  commodities is recalculated. The calculate the weight of such commodity Because the GSCI is comprised of selection procedure described above is based on regional, rather than world, actively traded contracts with scheduled then repeated with respect to the production data. expirations, it can only be calculated by contracts on the commodity that then The five-year moving average is reference to the prices of contracts for has the smallest portion of the GSCI updated annually for each commodity specified expiration, delivery or attributable to it. included in the GSCI, based on the settlement periods, referred to as Currently, 24 contracts meet the most recent five-year period (ending ‘‘contract expirations.’’ The contract eligibility requirement for inclusion on approximately two years prior to the expirations included in the GSCI for the GSCI. date of calculation and moving each commodity during a given year are backwards) for which complete data for designated by the Index Sponsor, CONTRACTS INCLUDED IN THE GSCI all commodities is available. The provided that each such contract must FOR 2006, AS OF MARCH 2, 2006 contract production weights (the be an ‘‘active contract.’’ An ‘‘active ‘‘CPW’’) used in calculating the GSCI contract’’ for this purpose is a liquid, actively traded contract expiration, as Trading Commodity 2006 Reference are derived from world or regional facility (contract) price dollar weight production averages, as applicable, of defined or identified by the relevant (percent) the relevant commodities, and are trading facility or, if no such definition CBOT ... Wheat (Chi- 2.51 calculated based on the total quantity or identification is provided by the cago traded for the relevant contract and the relevant trading facility, as defined by Wheat). world or regional production average, as standard custom and practice in the KCBOT Wheat (Kan- 1.00 applicable, of the underlying industry. The relative liquidity of the sas Wheat). commodity. various active contracts is one of the CBOT ... Corn ...... 2.35 However, if the volume of trading in factors that may be taken into CBOT ... Soybeans ..... 1.53 the relevant contract, as a multiple of consideration in determining which of CSCE ... Coffee ‘‘C’’ .... 0.73 the production levels of the commodity, them the Index Sponsor includes in the CSCE ... Sugar #11 ..... 2.06 is below specified thresholds, the CPW CSCE ... Cocoa ...... 0.19 GSCI (and thus the Index). NYBOT Cotton #2...... 0.93 of the contract is reduced until the If a trading facility deletes one or  CME ..... Lean Hogs .... 1.49 threshold is satisfied. This is designed more contract expirations, the GSCI CME ..... Cattle (Live 2.50 to ensure that trading in each such will be calculated during the remainder Cattle). contract is sufficiently liquid relative to of the year in which such deletion CME ..... Cattle (Feed- .68 the production of the commodity. occurs on the basis of the remaining er Cattle). In addition, the Index Sponsor contract expirations designated by the NYMEX Oil (No. 2 8.28 performs this calculation on a monthly Index Sponsor. If a trading facility Heating Oil, basis and, if the multiple of any contract ceases trading in all contract expirations NY). is below the prescribed threshold, the relating to a particular contract, the ICE ...... Oil (Gasoil) ... 4.49  NYMEX Oil (Unleaded 7.55 composition of the GSCI is Index Sponsor may designate a Reg Gas, reevaluated, based on the criteria and replacement contract on the commodity. NY). weighting procedure described above. The replacement contract must satisfy NYMEX Oil (WTI 30.59 This procedure is undertaken to allow the eligibility criteria for inclusion in Crude Oil). the GSCI to shift from contracts that the GSCI. To the extent practicable, the ICE ...... Oil (Brent 14.79 have lost substantial liquidity into more replacement will be effected during the Crude Oil). liquid contracts during the course of a next monthly review of the composition NYMEX Natural Gas.. 7.98 given year. As a result, it is possible that LME ..... High Grade 3.18 of the index. If that timing is not the composition or weighting of the practicable, the Index Sponsor will Primary  Aluminum. GSCI will change on one or more of determine the date of the replacement LME ..... Copper— 3.09 these monthly Valuation Dates. In and will consider a number of factors, Grade A. addition, regardless of whether any including the differences between the LME ..... Standard 0.33 changes have occurred during the year, existing contract and the replacement Lead. the Index Sponsor reevaluates the contract with respect to contractual  LME ..... Primary Nick- 0.70 composition of the GSCI at the specifications and contract expirations. el. conclusion of each year, based on the  LME ..... Special High 0.88 above criteria. Other commodities that Value of the GSCI Grade Zinc. satisfy such criteria, if any, will be The value of the GSCI on any given COMEX Gold ...... 1.94  COMEX Silver ...... 0.24 added to the GSCI . Commodities day is equal to the total dollar weight of included in the GSCI which no longer the GSCI divided by a normalizing Copyright 2006, The Goldman Sachs satisfy such criteria, if any, will be constant that assures the continuity of Group, Inc. Used by permission. deleted. the GSCI over time. The total dollar The quantity of each of the contracts The Index Sponsor also determines weight of the GSCI is the sum of the included in the GSCI is determined on whether modifications in the selection dollar weight of each index component. the basis of a five-year average (referred criteria or the methodology for The dollar weight of each such index to as the ‘‘world production average’’) of determining the composition and component on any given day is equal to: the production quantity of the weights of and for calculating the GSCI • The daily contract reference price,

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• Multiplied by the appropriate first nearby contract expirations on a that the hypothetical level of the Index CPWs, and particular commodity and the more on January 2, 1970 was 100. • During a roll period, the distant contract expiration into which it Historical Performance appropriate ‘‘roll weights’’ (discussed is rolled are adjusted, so that the below). hypothetical position in the contract on While the following historical The daily contract reference price the commodity that is included in the performance table is based on the  used in calculating the dollar weight of GSCI is gradually shifted from the first selection criteria and methodology each index component on any given day nearby contract expiration to the more described herein, the Index was not is the most recent daily contract distant contract expiration. actually calculated and published prior reference price made available by the If on any day during a roll period any to May 1, 1991. Accordingly, the relevant trading facility, except that the of the following conditions exists, the following table illustrates: daily contract reference price for the portion of the roll that would have taken (i) On a hypothetical basis, how the most recent prior day will be used if the place on that day is deferred until the Index would have performed from exchange is closed or otherwise fails to next day on which such conditions do January 2, 1970 to January 2, 1991 based publish a daily contract reference price not exist: on the selection criteria and on that day. In addition, if the trading • No daily contract reference price is methodology described above; and facility fails to make a daily contract available for a given contract expiration; reference price available or publishes a • Any such price represents the (ii) On an actual basis, how the Index daily contract reference price that, in maximum or minimum price for such has performed from January 2, 1992 the reasonable judgment of the Index contract month, based on exchange onwards. Sponsor, reflects manifest error, the price limits (referred to as a ‘‘Limit January 2, 1970 ...... 100.00 relevant calculation will be delayed Price’’); January 4, 1971 ...... 115.78 until the price is made available or • The daily contract reference price January 3, 1972 ...... 138.90 corrected. However, if the price is not published by the relevant trading January 2, 1973 ...... 198.45 made available or corrected by 4 p.m. facility reflects manifest error, or such January 2, 1974 ...... 354.32 January 2, 1975 ...... 478.50 New York time, the Index Sponsor, if it price is not published by 4 p.m., New deems such action to be appropriate January 2, 1976 ...... 400.02 York time. In that event, the Index January 3, 1977 ...... 351.05 under the circumstances, will determine Sponsor may, but is not required to, January 3, 1978 ...... 390.02 the appropriate daily contract reference determine a daily contract reference January 2, 1979 ...... 515.25 price for the applicable futures contract price and complete the relevant portion January 2, 1980 ...... 692.40 in its reasonable judgment for purposes of the roll based on such price; January 2, 1981 ...... 764.66  of the relevant GSCI calculation.31 provided, that, if the trading facility January 4, 1982 ...... 593.61 January 3, 1983 ...... 657.98 Contract Daily Return publishes a price before the opening of trading on the next day, the Index January 3, 1984 ...... 747.23 The contract daily return on any given Sponsor will revise the portion of the January 3, 1985 ...... 760.67 day is equal to the sum, for each of the roll accordingly; or January 2, 1986 ...... 833.67  January 2, 1987 ...... 868.83 commodities included in the GSCI , of • Trading in the relevant contract the applicable daily contract reference January 4, 1988 ...... 1,105.18 terminates prior to its scheduled closing January 3, 1989 ...... 1,371.33 price on the relevant contract multiplied time. by the appropriate CPW and the January 2, 1990 ...... 1,937.46 If any of these conditions exist January 2, 1991 ...... 2,346.03 appropriate ‘‘roll weight,’’ divided by  throughout the roll period, the roll with January 2, 1992 ...... 2,304.20 the total dollar weight of the GSCI on respect to the affected contract, will be January 4, 1993 ...... 2,371.27 the preceding day, minus one. effected in its entirety on the next day January 3, 1994 ...... 2,111.22 The ‘‘roll weight’’ of each commodity on which such conditions no longer January 3, 1995 ...... 2,185.21 reflects the fact that the positions in exist. January 2, 1996 ...... 2,711.25 contracts must be liquidated or rolled January 2, 1997 ...... 3,591.15 forward into more distant contract Value of the Index January 2, 1998 ...... 3,019.39 expirations as they approach expiration. January 4, 1999 ...... 1,992.32 The Exchange now describes the January 3, 2000 ...... 2,766.77 If actual positions in the relevant value of the Index (as opposed to the markets were rolled forward, the roll January 2, 2001 ...... 4,022.43 above description of the GSCI) which January 2, 2002 ...... 2,891.27 would likely need to take place over a  the Notes are designed to track. The January 2, 2003 ...... 3,819.38 period of days. Since the GSCI is value of the Index on any GSCI Business January 2, 2004 ...... 4,520.70 designed to replicate the performance of Day is equal to the product of (1) the January 3, 2005 ...... 5,173.25 actual investments in the underlying value of the Index on the immediately January 3, 2006 ...... 6,729.99 contracts, the rolling process  preceding GSCI Business Day incorporated in the GSCI also takes multiplied by (2) one plus the sum of The historical performance of the place over a period of days at the the contract daily return and the Index should not be taken as an beginning of each month (referred to as Treasury Bill return on the GSCI indication of future performance, and the ‘‘roll period’’). On each day of the Business Day on which the calculation no assurance can be given that the value roll period, the ‘‘roll weights’’ of the is made multiplied by (3) one plus the of the Index will increase sufficiently to Treasury Bill return for each non-GSCI cause holders of the Note receive a 31 If such actions by the Index Sponsor are payment at maturity or upon implemented on more than a temporary basis, the Business Day since the immediately preceding GSCI Business Day. The redemption equal to or in excess of the Exchange will contact the Commission Staff and, as principal amount of such Notes. necessary, file a proposed rule change pursuant to Treasury Bill return is the return on a Rule 19b–4 seeking Commission approval to hypothetical investment in the GSCI at Continued Listing Criteria continue to trade the Shares. Unless approved for continued trading, the Exchange would commence a rate equal to the interest rate on a delisting proceedings. See ‘‘Continued Listing specified U.S. Treasury Bill. The initial The Exchange prohibits the initial Criteria,’’ infra. April 10 Telephone Conference. value of the GSCI was normalized such and/or continued listing of any security

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that is not in compliance with Rule time and will be subject to the equity underlying the Index components, or 10A–3 under the Act.32 margin rules of the Exchange.36 derivative instruments based on the The Exchange will delist the Notes: Index or based on any Index component (1) Trading Halts • If, following the initial twelve or commodity underlying an Index month period from the date of The Exchange will cease trading the component, other than as a specialist in commencement of trading of the Notes, Notes if there is a halt or disruption in the Notes themselves, in another market the Notes have more than 60 days the dissemination of the Index value or center. remaining until maturity and (i) there the Indicative Value.37 The Exchange Under NYSE Rule 1301B(a), the are fewer than 50 beneficial holders of will also cease trading the Notes if a member organization acting as specialist the Notes for 30 or more consecutive ‘‘market disruption event’’ occurs that is in the Notes (1) will be obligated to trading days; (ii) if fewer than 50,000 of more than a temporary nature.38 In conduct all trading in the Notes in its Notes remain issued and outstanding; or the event that the Exchange is open for specialist account, (subject only to the (iii) if the market value of all business on a day that is not a GSCI ability to have one or more investment outstanding Notes is less than Business Day, the Exchange will not accounts, all of which must be reported $1,000,000; permit trading of the Notes on that day. to the Exchange), (2) will be required to • If the Index value ceases to be (2) Specialist Trading Obligations file with the Exchange and keep current calculated or available during the time a list identifying all accounts for trading the Notes trade on the Exchange on at Pursuant to new Supplementary in the Index components or the physical least every 15 second basis through one Material .10 to NYSE Rule 1301B, the commodities underlying the Index or more major market data vendors; 33 provisions of NYSE Rules 1300B(b) and components, or derivative instruments • If, during the time the Notes trade 1301B would be applied to certain based on the Index or based on the on the Exchange, the Indicative Value securities listed on the Exchange Index components or the physical ceases to be available on a 15 second pursuant to section 703.19 (‘‘Other commodities underlying the Index delayed basis; or Securities’’) of the Exchange’s Manual. components, which the member • If such other event shall occur or Specifically, NYSE Rules 1300B(b) and organization acting as specialist may condition exists which in the opinion of 1301B will apply to securities listed have or over which it may exercise the Exchange makes further dealings on under section 703.19 of the Manual investment discretion, and (3) will be the Exchange inadvisable. where the price of such securities is prohibited from trading in the Index Additionally, the Exchange will file a based in whole or part on the price of components or the physical proposed rule change pursuant to Rule (a) a commodity or commodities; (b) any commodities underlying the Index 19b–4 under the Act 34 seeking approval futures contracts or other derivatives components, or derivative instruments to continue trading the Notes and unless based on a commodity or commodities; based on the Index or based on the approved, the Exchange will commence or (c) any index based on either (a) or Index components or the physical delisting the Notes if: (b) above. commodities underlying the Index • The Index Sponsor substantially As a result of application of NYSE components, in an account in which a changes either the Index component Rule 1300B(b), the specialist in the member organization acting as selection methodology or the weighting Notes, the specialist’s member specialist, controls trading activities methodology; organization and other specified persons • which have not been reported to the If a new component is added to the will be prohibited under paragraph (m) Exchange as required by NYSE Rule Index (or pricing information is used for of NYSE Rule 105 Guidelines from 1301B. a new or existing component) that acting as market maker or functioning in Under NYSE Rule 1301B(b), the constitutes more than 10% of the weight any capacity involving market-making member organization acting as specialist of the Index with whose principal responsibilities in the Index in the Notes will be required to make trading market the Exchange does not components, the commodities available to the Exchange such books, have a comprehensive surveillance underlying the Index components, or records or other information pertaining sharing agreement; 35 or options, futures or options on futures on to transactions by the member • If a successor or substitute index is the Index, or any other derivatives organization and other specified persons used in connection with the Notes. The (collectively, ‘‘derivative instruments’’) for its or their own accounts in the filing will address, among other things based on the Index or based on any Index components or the physical the listing and trading characteristics of Index component or any physical commodities underlying the Index the successor or substitute index and commodity underlying an Index components, or derivative instruments the Exchange’s surveillance procedures component. If the member organization based on the Index or based on the applicable thereto. acting as specialist in the Notes is Index components or the physical entitled to an exemption under NYSE Trading Rules commodities underlying the Index Rule 98 from paragraph (m) of NYSE components, as may be requested by the The Exchange’s existing equity Rule 105 Guidelines, then that member Exchange. This requirement is in trading rules will apply to trading of the organization could act in a market addition to existing obligations under Notes. The Notes will trade between the making capacity in the Index Exchange rules regarding the production hours of 9:30 a.m. and 4 p.m. New York components, the commodities of books and records. Under NYSE Rule 1301B(c), in 32 17 CFR 240.10A–3; see also 15 U.S.C. 78a. 36 See NYSE Rule 431. connection with trading the Index 33 The Exchange confirmed that the Index value 37 In the event the Index value or Indicative Value components or the physical (along with the GSCI index value) will be is no longer calculated or disseminated, the disseminated at least every 15 seconds by one or Exchange would immediately contact the commodities underlying the Index more major market data vendors during the time the Commission to discuss measures that may be components, or derivative instruments Notes trade on the Exchange. The Exchange also appropriate under the circumstances. based on the Index or based on the confirmed these indexes have daily settlement 38 In the event a ‘‘market disruption event’’ occurs Index components or the physical values that are widely disclosed. April 13 that is of more than a temporary nature, the Telephone Conference. Exchange would immediately contact the commodities underlying the Index 34 17 CFR 240.19b–4. Commission to discuss measures that may be components, the specialist could not 35 April 10 Telephone Conference. appropriate under the circumstances. use any material nonpublic information

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received from any person associated Suitability regarding physical commodities and with a member or employee of such Pursuant to NYSE Rule 405, the that the SEC has no jurisdiction over the person regarding trading by such person Exchange will impose a duty of due trading of physical commodities such as or employee in the Index components or diligence on its members and member aluminum, gold, crude oil, heating oil, the physical commodities underlying firms to learn the essential facts relating corn and wheat, or the futures contracts the Index components, or derivative to every customer prior to trading the on which the value of the Notes is instruments based on the Index or based Notes.40 With respect to suitability based, and that the CFTC has no on the Index components or the recommendations and risks, the regulatory jurisdiction over the trading physical commodities underlying the Exchange will require members, of certain foreign based futures Index components. member organizations and employees contracts.43 thereof recommending a transaction in The information memorandum will Surveillance the Notes: (1) To determine that such also discuss other exemptive or no- The Exchange represents that its transaction is suitable for the customer, action relief under the Act provided by the Commission staff.44 surveillance procedures are adequate to and (2) to have a reasonable basis for properly monitor the trading of the believing that the customer can evaluate 2. Statutory Basis the special characteristics of, and is able Notes and the Index components. The to bear the financial risks of, such The Exchange believes that the basis Exchange will rely upon existing NYSE transaction. under the Act for this proposed rule surveillance procedures governing change is the requirement under section Information Memorandum equities with respect to surveillance of 6(b)(5) 45 that an exchange have rules the Notes. The Exchange believes that The Exchange will, prior to trading that are designed to prevent fraudulent these procedures are adequate to the Notes, distribute an information and manipulative acts and practices, to monitor Exchange trading of the Notes memorandum to the membership promote just and equitable principles of and to detect violations of Exchange providing guidance with regard to trade, to remove impediments to, and rules, consequently deterring member firm compliance perfect the mechanism of a free and manipulation. In this regard, the responsibilities (including suitability open market and, in general, to protect Exchange currently has the authority recommendations) when handling investors and the public interest. under NYSE Rule 476 to request the transactions in the Notes. The Exchange specialist in the Notes to information memorandum will note to B. Self-Regulatory Organization’s provide NYSE Regulation with members language in the prospectus Statement on Burden on Competition information that the specialist uses in used by Barclays in connection with the The Exchange does not believe that connection with pricing the Notes on sale of the Notes regarding prospectus the proposed rule change, as amended, the Exchange, including specialist delivery requirements for the Notes. will impose any burden on competition proprietary or other information Specifically, in the initial distribution of that is not necessary or appropriate in 41 regarding securities, commodities, the Notes, and during any subsequent furtherance of the purposes of the Act. futures, options on futures or other distribution of the Notes, NYSE members will deliver a prospectus to C. Self-Regulatory Organization’s derivative instruments. The Exchange investors purchasing from such Statement on Comments on the believes it also has authority to request distributors.42 Proposed Rule Change Received from any other information from its The information memorandum will Members, Participants or Others members—including floor brokers, discuss the special characteristics and The Exchange has neither solicited specialists and ‘‘upstairs’’ firms—to risks of trading this type of security. nor received written comments on the fulfill its regulatory obligations. Specifically, the information proposed rule change. With regard to the Index components, memorandum, among other things, will the Exchange can obtain market discuss what the Notes are, how the III. Date of Effectiveness of the surveillance information, including Notes are redeemed, applicable Proposed Rule Change and Timing for customer identity information, with Exchange rules, dissemination of Commission Action respect to transactions occurring on the information regarding the Index value and the Indicative Value, trading Within 35 days of the date of New York Mercantile Exchange publication of this notice in the Federal (‘‘NYMEX’’), the Kansas City Board of information and applicable suitability rules. Register or within such longer period (i) Trade, ICE, and the LME, pursuant to its as the Commission may designate up to comprehensive information sharing The information memorandum will also notify members and member 90 days of such date if it finds such agreements with each of those organizations about the procedures for longer period to be appropriate and exchanges. All of the other trading redemptions of Notes and that Notes are publishes its reasons for so finding or venues on which current Index not individually redeemable but are (ii) as to which the NYSE consents, the components are traded are members of redeemable only in aggregations of at Commission will: the Intermarket Surveillance Group least 50,000 Notes. (A) By order approve such proposed (‘‘ISG’’), and the Exchange therefore has The information memorandum will rule change, or access to all relevant trading also reference the fact that there is no (B) Institute proceedings to determine information with respect to those regulated source of last sale information whether the proposed rule change contracts without any further action should be disapproved. being required on the part of the 40 NYSE Rule 405 requires that every member, The Commission is considering Exchange. All these surveillance member firm or member corporation use due granting accelerated approval of the arrangements constitute comprehensive diligence to learn the essential facts relative to 39 every customer and to every order or account surveillance sharing arrangements. accepted. 43 April 14 Telephone Conference with John 41 The Registration Statement reserves the right to Carey. 39 April 14 Telephone Conference with John do subsequent distributions of these Notes. 44 April 10 Telephone Conference. Carey. 42 April 10 Telephone Conference. 45 15 U.S.C. 78f(b)(5).

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proposed rule change at the end of a 15- For the Commission, by the Division of ‘‘Shares’’) of the iShares GSCI day comment period.46 Market Regulation, pursuant to delegated Commodity—Indexed Trust (‘‘Trust’’), 47 authority. which will issue units of beneficial IV. Solicitation of Comments Nancy M. Morris, interest representing fractional Interested persons are invited to Secretary. undivided beneficial interests in the net submit written data, views and [FR Doc. E6–6073 Filed 4–21–06; 8:45 am] assets of the Trust. NYSE Rules 1300B arguments concerning the foregoing, BILLING CODE 8010–01–P and 1301B are set forth below, with new including whether the proposed rule text underlined: change, as amended, is consistent with Rule 1300B the Act. Comments may be submitted by SECURITIES AND EXCHANGE any of the following methods: COMMISSION Commodity Trust Shares Electronic Comments [Release No. 34–53659; File No. SR–NYSE– (a) The provisions of this Rule 1300B 2006–17] series apply only to Commodity Trust • Use the Commission’s Internet Shares. The term ‘‘Commodity Trust comment form (http://www.sec.gov/ Self-Regulatory Organizations; New Shares’’ as used in this Rule and in Rule rules/sro.shtml); or York Stock Exchange LLC; Notice of 1301B means a security that (a) is Filing of Proposed Rule Change and • Send an e-mail to rule- issued by a trust (‘‘Trust’’) which (i) is Amendment No. 1 Thereto To List and a commodity pool that is managed by a [email protected]. Please include File Trade Shares of the iShares GSCI Number SR–NYSE–2006–20 on the commodity pool operator registered as Commodity Indexed Trust Under New such with the Commodity Futures subject line. Rules 1300B and 1301B, et seq. Trading Commission, and (ii) which Paper Comments April 17, 2006. holds positions in futures contracts on • Send paper comments in triplicate Pursuant to section 19(b)(1) of the a specified commodity index, or to Nancy M. Morris, Secretary, Securities Exchange Act of 1934 interests in a commodity pool which, in Securities and Exchange Commission, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 turn, holds such positions; (b) when Station Place, 100 F Street, NE., notice is hereby given that on March 7, aggregated in some specified minimum Washington, DC 20549–1090. 2006, the New York Stock Exchange number may be surrendered to the Trust LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with by the beneficial owner to receive All submissions should refer to File the Securities and Exchange positions in futures contracts on a Number SR–NYSE–2006–20. This file Commission (‘‘Commission’’) the specified index and cash or short term number should be included on the proposed rule change as described in securities. The term ‘‘futures contract’’ subject line if e-mail is used. To help the Items I, II, and III below, which items is commonly known as a ‘‘contract of Commission process and review your have been prepared by the NYSE. On sale of a commodity for future delivery’’ comments more efficiently, please use March 24, 2006, the Exchange filed set forth in section 2(a) of the only one method. The Commission will Amendment No. 1 to the proposed rule Commodity Exchange Act. While post all comments on the Commission’s change.3 The Commission is publishing Commodity Trust Shares are not Internet Web site (http://www.sec.gov/ this notice to solicit comments on the technically Investment Company Units rules/sro.shtml). Copies of the proposed rule change, as amended, from and thus are not covered by Rule 1100, submission, all subsequent interested persons. all other rules that reference amendments, all written statements ‘‘Investment Company Units,’’ as I. Self-Regulatory Organization’s with respect to the proposed rule defined and used in Para. 703.16 of the Statement of the Terms of Substance of change that are filed with the Listed Company Manual, including, but the Proposed Rule Change Commission, and all written not limited to Rules 13, 36.30, 98, 104, communications relating to the The NYSE proposes to list and trade 460.10, 1002, and 1005 shall also apply proposed rule change between the under new NYSE Rules 1300B, et seq. to Commodity Trust Shares. When these Commission and any person, other than shares (‘‘Commodity Trust Shares’’ or rules reference Investment Company those that may be withheld from the Units, the word ‘‘index’’ (or derivative or public in accordance with the 47 17 CFR 200.30–3(a)(12). similar words) will be deemed to be the provisions of 5 U.S.C. 552, will be 1 15 U.S.C. 78s(b)(1). 2 applicable commodity index and the available for inspection and copying in 17 CFR 240.19b–4. word ‘‘security’’ (or derivative or similar the Commission’s Public Reference 3 In Amendment No. 1, the NYSE made some technical and clarifying changes. In addition, the words) will be deemed to be Room. Copies of such filing also will be Exchange added Supplementary Material .10 to its ‘‘Commodity Trust Shares’’. available for inspection and copying at proposed Rule 1301B, applying the provisions of its (b) As is the case with Investment the principal office of the NYSE. All proposed Rules 1300B(b) and 1301B to certain Company Units, paragraph (m) of the comments received will be posted securities listed on the Exchange pursuant to section 703.19 (‘‘Other Securities’’) of the NYSE Guidelines to Rule 105 shall also apply without change; the Commission does Listed Company Manual, in addition to the to Commodity Trust Shares. not edit personal identifying securities in this proposal. Specifically, NYSE Rules Specifically, Rule 105(m) shall be information from submissions. You 1300B(b) and 1301B would apply to securities deemed to prohibit an equity specialist, should submit only information that listed under section 703.19 where the price of such securities is based in whole or part on the price of his member organization, other member, you wish to make available publicly. All a commodity or commodities, a commodities index, allied member or approved person in submissions should refer to File or any futures contracts or other derivatives based such member organization or officer or Number SR–NYSE–2006–20 and should thereon. Examples of the securities to which these employee thereof from acting as a be submitted on or before May 9, 2006. securities will apply are the subjects of File No. SR– NYSE–2006–16 (proposal to list and trade Index- market maker or functioning in any Linked Securities of Barclays Bank PLC (‘‘Notes’’) capacity involving market-making 46 The NYSE has requested accelerated approval linked to the performance of the Dow Jones-AIG responsibilities in the physical of this proposed rule change prior to the 30th day Commodity Index Total Return TM and File No. SR– after the date of publication of the notice of the NYSE–2006–20 (proposal to list and trade Notes commodities included in, or options, filing thereof, following the conclusion of a 15-day linked to the performance of GSCI Total Return futures or options on futures on, the comment period. April 10 Telephone Conference. Index). index underlying an issue of Commodity

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Trust Shares, or any other derivatives in which a member organization acting II. Self-Regulatory Organization’s based on such index or based on any as specialist, directly or indirectly, Statement of the Purpose of, and commodity included in such index. controls trading activities, or has a Statutory Basis for, the Proposed Rule However, an approved person of an direct interest in the profits or losses Change equity specialist entitled to an thereof, which has not been reported to In its filing with the Commission, the exemption from Rule 105(m) under Rule the Exchange as required hereby. NYSE included statements concerning 98 may act in a market making (b) In addition to the existing the purpose of, and basis for, the capacity, other than as a specialist in obligations under Exchange rules proposed rule change as amended and the same issue of Commodity Trust regarding the production of books and discussed any comments it received on Shares in another market center, in records (see, e.g., Rule 476(a)(11)), the the proposed rule change. The text of physical commodities included in, or member organization acting as these statements may be examined at options, futures or options on futures specialist in Commodity Trust Shares the places specified in Item IV below. on, the index underlying an issue of shall make available to the Exchange The Exchange has prepared summaries, Commodity Trust Shares, or any other such books, records or other information set forth in sections A, B and C below, derivatives based on such index or pertaining to transactions by such entity of the most significant aspects of such based on any commodity included in or any member, allied member, statements. such index. (c) Except to the extent that specific approved person, registered or non- A. Self-Regulatory Organization’s provisions in this Rule govern, or unless registered employee affiliated with such Statement of the Purpose of, and the context otherwise requires, the entity for its or their own accounts in Statutory Basis for, the Proposed Rule provisions of all Exchange Rules and options, futures or options on futures Change on, an index underlying an issue of policies shall be applicable to the 1. Purpose trading of Commodity Trust Shares on Commodity Trust Shares in which the The Exchange proposes to list and the Exchange. Pursuant to Exchange member organization acts as specialist; trade Commodity Trust Shares under Rule 3 (‘‘Security’’), Commodity Trust or in any commodity included in such new NYSE Rules 1300B et seq. The Shares are included within the index; or in any other derivatives based on such index or based on any Trust, a Delaware statutory trust, will definition of ‘‘security’’ or ‘‘securities’’ issue Shares that represent fractional as those terms are used in the rules of commodity included in such index, as may be requested by the Exchange. undivided beneficial interests in its net the Exchange. assets. Substantially all of the assets of (c) In connection with trading any Rule 1301B the Trust consist of its holdings of the physical commodity included in, or limited liability company interests of a Commodity Trust Shares: Securities options, futures or options on futures commodity pool (‘‘Investing Pool Accounts and Orders of Specialists on, an index underlying an issue of Interests’’), which are the only securities (a) The member organization acting Commodity Trust Shares in which the in which the Trust may invest. That as specialist in Commodity Trust Shares member organization acts as specialist, commodity pool, iShares GSCI is obligated to conduct all trading in the or any other derivatives based on such Commodity—Indexed Investing Pool Shares in its specialist account, subject index (including Commodity Trust LLC (‘‘Investing Pool’’), holds long only to the ability to have one or more Shares) or based on any commodity positions in futures contracts on the investment accounts, all of which must included in such index, the specialist GSCI Excess Return Index (‘‘CERFs’’), be reported to the Exchange. (See Rules registered as such in an issue of which are listed on the Chicago 104.12 and 104.13.) In addition, the Commodity Trust Shares shall not use Mercantile Exchange (‘‘CME’’), and will member organization acting as any material nonpublic information post margin in the form of cash or short- specialist in Commodity Trust Shares received from any person associated term securities to collateralize these must file with the Exchange in a manner with a member or employee of such futures positions. According to the prescribed by the Exchange and keep person regarding trading by such person Trust’s registration statement,4 it is the current a list identifying all accounts for or employee in the options, futures or objective of the Trust that the trading in the physical commodities options on futures on an index performance of the Shares will included in, or options, futures or underlying an issue of Commodity Trust correspond generally to the performance options on futures on, an index Shares in which the member of the GSCI Total Return Index underlying an issue of Commodity Trust organization acts as specialist; or in any (‘‘Index’’) before payment of the Trust’s Shares in which the member other derivatives on such index; or in and the Investing Pool’s expenses and organization acts as specialist, or any any commodity included in such index liabilities. The Trust and the Investing other derivatives based on such index or or any derivatives on such commodity. Pool are each commodity pools based on any commodity included in Supplementary Material: managed by a commodity pool operator such index, which the member registered as such with the Commodity organization acting as specialist may .10 The provisions of Rule 1300B (b) Futures Trading Commission (‘‘CFTC’’). have or over which it may exercise and Rule 1301B shall apply to securities Neither the Trust nor the Investing Pool investment discretion. No member listed on the Exchange pursuant to is an investment company registered organization acting as specialist in Section 703.19 (‘‘Other Securities’’) of under the Investment Company Act of Commodity Trust Shares shall trade in the Listed Company Manual where the 1940 (‘‘Investment Company Act’’). physical commodities included in, or price of such securities is based in The Shares are intended to constitute options, futures or options on futures whole or part on the price of (a) a a relatively cost-effective means of on, an index underlying an issue of commodity or commodities, (b) any achieving investment exposure to the Commodity Trust Shares in which the futures contracts or other derivatives member organization acts as specialist, based on a commodity or commodities; 4 The sponsor of the Trust (‘‘Sponsor’’), Barclays or any other derivatives based on such or (c) any index based on either (a) or Global Investors International, Inc., on behalf of the (b) above. Trust, filed the Form S–1 (the ‘‘Registration index or based on any commodity Statement’’) on July 22, 2005, as amended. See included in such index, in an account * * * * * Registration No. 333–126810.

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performance of the Index, which is Company, a banking corporation that is Sponsor’’),8 a subsidiary of The intended to reflect the performance of a not affiliated with the Sponsor or the Goldman Sachs Group Inc. The Index diversified group of commodities. Trustee.7 Sponsor is a broker-dealer.9 Although the Shares will not be the The GSCI–ER reflects the return of an b. The Investing Pool exact equivalent of an investment in the uncollaterized investment in the underlying futures contracts and The Investing Pool will hold long contracts comprising the GSCI, and in Treasury securities represented by the positions in CERFs, which are cash- addition incorporates the economic Index, the Shares are intended to settled futures contracts listed on the effect of ‘‘rolling’’ the contracts included provide investors with an alternative CME that have a term of approximately in the GSCI as they near expiration. way of participating in the commodities five years after listing and whose ‘‘Rolling’’ a futures contract means market. settlement at expiration is based on the closing out a position in an expiring value of the GSCI Excess Return Index futures contract and establishing an a. The Sponsor and Trustee (‘‘GSCI-ER’’) at that time. The Investing equivalent position in the contract on The Sponsor’s primary business Pool will also earn interest on the assets the same commodity with the next function is to act as Sponsor and used to collateralize its holdings of expiration date. The Index reflects the commodity pool operator of the Trust CERFs. Trading on the CME Globex return of the GSCI–ER, together with the and manager of the Investing Pool electronic trading platform of CERFs return on specified U.S. Treasury (‘‘Manager’’), as discussed below.5 The commenced effective March 12, 2006 for securities that are deemed to have been advisor to the Investing Pool trade date March 13, 2006. held to collateralize a hypothetical long (‘‘Advisor’’) is Barclays Global Fund Each CERF is a contract that provides position in the futures contracts Advisors, a California corporation and for cash settlement, at expiration, based comprising the GSCI. If Goldman, Sachs an indirect subsidiary of Barclays Bank upon the final settlement value of the & Co. (‘‘Goldman Sachs’’) ceases to PLC. GSCI–ER at the expiration of the maintain the GSCI–ER, the Trust, As Manager, Barclays Global Investors contract multiplied by a fixed dollar through the Investing Pool, may seek International, Inc. will serve as multiplier. The final settlement value is investment results that correspond commodity pool operator of the determined for this purpose. generally to the Index by holding a Investing Pool and be responsible for its Accordingly, a position in CERFs fully-collateralized investment in a administration. The Manager will provides the holder with the positive or successor index, or an index that, in the arrange for and pay the costs of opinion of the Manager, is reasonably negative return on the GSCI–ER during 10 organizing the Investing Pool. The the period in which the position is held. similar to the GSCI–ER. The Trust, through the Investing Pool, Manager has delegated some of its On a daily basis, most market will be a passive investor in CERFs and responsibilities for administering the participants with positions in CERFs are the cash or Short-Term Securities 11 Investing Pool to the Administrator, obligated to pay, or entitled to receive, posted as margin to collateralize the Investors Bank & Trust Company, which cash (known as ‘‘variation margin’’) in in turn, has employed the Investing Pool an amount equal to the change in the Administrator and the Tax 8 Telephone conference between Michael daily settlement level of the CERF from Cavalier, Assistant General Counsel, NYSE, and Administrator (Pricewaterhouse the preceding trading day’s settlement Florence Harmon, Senior Special Counsel, Coopers) to maintain various records on level (or, initially, the contract price at Commission, on April 13, 2006 (‘‘April 13 behalf of the Investing Pool. which the position was entered into). Telephone Conference’’). The trustee of the Trust (‘‘Trustee’’) is 9 Id. Specifically, if the daily settlement price 10 In the event the Trust utilizes any index that Barclays Global Investors, N.A., a of the contract increases over the is a successor to or similar to the GSCI–ER or the national banking association affiliated previous day’s price, the seller of the GSCI Total Return Index, the Exchange will file a with the Sponsor. The Trustee is contract must pay the difference to the proposed rule change pursuant to Rule 19b–4 under responsible for the day-to-day the Act. Such filing would address, among other buyer, and if the daily settlement price things, the characteristics of the successor or administration of the Trust. Day-to-day is less than the previous day’s price, the substitute index and the Exchange’s surveillance administration includes: (i) Processing buyer of the contract must pay the procedures applicable to such index. Unless orders for the creation and redemption difference to the seller. The Investing approved for continued trading, the Exchange of Baskets (as described below, with would commence delisting proceedings. See Pool, however, and certain other ‘‘Continued Listing Criteria,’’ infra. Telephone each Basket an aggregation of 50,000 categories of investors, will be required conference between Michael Cavalier, Assistant Shares); (ii) coordinating with the to deposit initial margin equal to 100% General Counsel, NYSE, and Florence Harmon, Manager of the Investing Pool the of the value of the CERF position at the Senior Special Counsel, Commission, on April 10, receipt and delivery of consideration 2006 (‘‘April 10 Telephone Conference’’). time it is established. The Exchange will also file a proposed rule transferred to, or by, the Trust in The GSCI–ER is calculated based on change pursuant to Rule 19b–4 if GSCI substantially connection with each issuance and the same commodities included in the changes either the Index component selection redemption of Baskets; and (iii) methodology or the weighting methodology. In Goldman Sachs Commodity Index addition, the Exchange will file a proposed rule calculating the net asset value of the (‘‘GSCI’’), which is a production- 6 change pursuant to Rule 19b–4 whenever GSCI Trust on each Business Day. The weighted index of the prices of a adds a new component to the Index using pricing Trustee has delegated these diversified group of futures contracts on information from a market with which the responsibilities to the Trust physical commodities. The GSCI, the Exchange does not have a previously existing Administrator, Investors Bank & Trust information sharing agreement or switches to using GSCI–ER and the Index are pricing information from such a market with administered, calculated, and published respect to an existing component when such 5 Barclays Global Investors International, Inc. is a by Goldman, Sachs & Co. (‘‘Index component constitutes more than 10% of the commodity pool operator registered with the CFTC. weight of the Index. Unless approved for continued 6 The Trust Registration Statement defines trading, the Exchange would commence delisting ‘‘Business Day’’ as any day (1) on which none of 7 Except as otherwise specifically noted, the proceedings. See ‘‘Continued Listing Criteria,’’ the following occurs: (a) The NYSE is closed for information provided in this proposed rule filing infra. April 10 Telephone Conference. regular trading, (d) the CME is closed for regular relating to the Trust and the Shares, commodities 11 ‘‘Short-Term Securities’’ means U.S. Treasury trading, or (c) the Federal Reserve transfer system markets, and related information is based entirely Securities or other short-term securities and similar is closed for cash wire transfers, or (2) the Trustee on information included in the Registration securities, in each case that are eligible as margin determines that it is able to conduct business. Statement. deposits under the rules of the CME.

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Investing Pool’s CERF positions. Neither GSCI or the positions or other assets the value of the contracts fluctuate. For the Trust nor the Investing Pool will held by the Investing Pool. most market participants, the initial engage in any activities designed to margin requirement for CERFs is c. Futures Contracts on the GSCI–ER obtain a profit from, or to ameliorate generally expected to be 3% to 5%. losses caused by, changes in the value The assets of the Investing Pool will Certain market participants (known as of CERFs or securities posted as margin. consist of CERFs and cash or Short- ‘‘100% margin participants’’), however, The Investing Pool, and some other Term Securities posted as margin to will be required to deposit with their types of market participants, will be collateralize the Investing Pool’s CERF FCM initial margin in an amount equal required to deposit margin with a value positions. Futures contracts and options to 100% of the value of the CERF on the equal to 100% of the value of each CERF on futures contracts on the GSCI, which date the position is established. The position at the time it is established. does not reflect the excess return FCM, in turn, will be required to deliver Those market participants not subject to embedded in the GSCI-ER, have been to the CME clearing house initial margin the 100% margin requirement are traded on the CME since 1992. CERFs in a specified amount and pledge to the required to deposit margin generally are listed and traded separately from the clearing house, pursuant to a separate with a value of 3% to 5% of the GSCI futures contracts and options on custody arrangement, an amount equal established position. Interest paid on futures contracts. to the remainder of the 100% margin the collateral deposited as margin, net of CERFs trading is subject to the rules amount posted by 100% margin expenses, will be reinvested by the of the CME. According to the participants, either from amounts Investing Pool or, at the Trustee’s Registration Statement, CERFs trade on posted by those 100% margin discretion, may be distributed from time GLOBEX, the CME’s electronic trading participants or from its own assets. The to time to the Shareholders. The system, and do not trade through open separate custody arrangement will be Investing Pool’s profit or loss on its outcry on the floor of the CME.12 either an account with the FCM or a CERF positions should correlate with Transactions in CERFs are cleared third party custody account. increases and decreases in the value of through the CME clearing house by the As a result of these arrangements, a the GSCI–ER, although this correlation trader’s futures commission merchant 100% margin participant buying a CERF will not be exact. The interest on the (‘‘FCM’’) acting as its agent. Under these will be subject to substantially greater collateral deposited by the Investing clearing arrangements, the CME clearing initial margin requirements than other Pool as margin, together with the house becomes the buyer to each market participants, but will not be returns corresponding to the member FCM representing a seller of the required to pay any additional amounts performance of the GSCI–ER, is contract and the seller to each member to its FCM as variation margin if the expected to result in a total return for FCM representing a buyer of the value of the CERFs declines. Instead, the the Investing Pool that corresponds contract. As a result of these clearing FCM will be obligated to make variation generally, but is not identical, to the arrangements, each trader holding a margin payments to the clearinghouse Index. Differences between the returns position in CERFs is subject to the credit in respect of CERFs held by 100% of the Investing Pool and the Index may risk of the CME clearing house and the margin participants, which it will be based on, among other factors, any FCM carrying its position in CERFs. withdraw from the separate custody differences between the return on the Each CERF is a contract that provides account (and, in turn, from the 100% assets used by the Investing Pool to for cash settlement, at expiration, based margin posted by those participants). collateralize its CERF positions and the upon the final settlement value of the If the daily settlement price increases, U.S. Treasury rate used to calculate the GSCI–ER at the expiration of the the FCM will receive variation margin return component of the Index, timing contract, multiplied by a fixed dollar from the clearinghouse for the account differences, differences between the multiplier. The final settlement value is of the 100% margin participant, which weighting of the Investing Pool’s determined for this purpose on the date it will hold in the separate custody proportion of assets invested in CERFs set forth in the Trust prospectus. On a account for the benefit of 100% margin versus the Index, and the payment of daily basis, most market participants participants. The buyer will not, expenses and liabilities by the Investing with positions in CERFs are obligated to however, be entitled to receive this Pool. The Trust’s net asset value will pay, or entitled to receive, cash (known variation margin from its FCM (until the reflect the performance of the Investing as ‘‘variation margin’’) in an amount liquidation or final settlement of its Pool, its sole investment. equal to the change in the daily CERF position). The buyer will be The Investing Pool will be managed settlement level of the CERF from the entitled to receive interest or other by the Advisor, which will invest all of preceding trading day’s settlement level income on the assets it has deposited as the Investing Pool’s assets in long (or, initially, the contract price at which margin or that are credited to the positions in CERFs and post margin in the position was entered into). custody account on its behalf from time the form of cash or Short-Term Specifically, if the daily settlement price to time. Securities to collateralize the CERF of the contract increases over the Upon liquidation or settlement of a positions. Any cash that the Investing previous day’s price, the seller of the CERF, a 100% margin participant will Pool accepts as consideration from the contract must pay the difference to the receive from its FCM its initial margin Trust for Investing Pool Interests will be buyer, and if the daily settlement price deposit, adjusted for variation margin used to purchase additional CERFs, in is less than the previous day’s price, the paid or received by the FCM with an amount that the Advisor determines buyer of the contract must pay the respect to the contract during the time will enable the Investing Pool to achieve difference to the seller. it was held by the participant (or the investment results that correspond with Futures contracts also typically proceeds from liquidation of any the Index, and to collateralize the require deposits of initial margin as well investments made with such funds for CERFs. According to the Registration as payments of daily variation margin as the benefit of the participant under the Statement, the Advisor will not engage terms of its custody arrangement with in any activities designed to obtain a 12 Trading hours for CERFs on GLOBEX will be the carrying FCM). as follows: Sunday, 6 p.m. to 2:40 p.m. (next day) profit from, or to ameliorate losses (New York time); Monday to Thursday, 6 p.m. to The 100% margin participants will caused by, changes in value of any of 2:40 p.m. (next day) and 3 p.m. to 5 p.m. (New York include any market participant that is: the commodities represented by the time). (i) An investment company registered

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under the Investment Company Act; or ‘‘Authorized Participant’’ (defined physical commodities that satisfy (ii) an investment fund, commodity below) requesting the creation of specified criteria. The GSCI reflects the pool, or other similar type of pooled additional Baskets typically will transfer level of commodity prices at a given trading vehicle (other than a pension CERFs and cash (or, in the discretion of time and is designed to be a measure of plan or fund) that is offered to the the Trustee, Short-Term Securities in the performance over time of the public pursuant to an effective lieu of cash) to the Trust in return for markets for these commodities. The registration statement filed under the Shares.13 commodities represented in the GSCI Securities Act of 1933, regardless of The Trust will simultaneously are those physical commodities on whether it is also registered under the contribute to the Investing Pool the which active and liquid contracts are Investment Company Act , and that has CERFs (and any cash or securities) traded on trading facilities in major its principal place of business in the received from the Authorized industrialized countries. The United States. Participant in return for an increase in commodities included in the GSCI are The Investing Pool will be a 100% its Investing Pool Interests. If an EFP is weighted, on a production basis, to margin participant. The Investing Pool executed in connection with the reflect the relative significance (in the will satisfy the 100% margin redemption of one or more Baskets, an view of the Index Sponsor, in requirement by depositing with the Authorized Participant will transfer to Clearing FCM cash or Short-Term the Trust the interests being redeemed consultation with its Policy Committee Securities with a value equal to 100% and the Trust will transfer to the described below) of those commodities of the value of each long position in Authorized Participant CERFs, cash or to the world economy. The fluctuations CERFs. Short-Term Securities. In order to obtain in the level of the GSCI are intended According to the Registration the CERFs, cash or Short-Term generally to correlate with changes in Statement, CERFs differ from traditional Securities to be transferred to the the prices of those physical futures contracts in another significant Authorized Participant, the Trust will commodities in global markets. respect. In contrast to other types of redeem an equivalent portion of its The Index Sponsor makes the official futures contracts, which are typically interest in the Investing Pool Interests. calculations of the value of the Index.14 listed with monthly, bimonthly or d. The Index and the GSCI–ER At present, this calculation is performed quarterly expirations, CERFs will be continuously and is reported on Reuters listed only with approximately five-year The Index and the GSCI–ER were Page GSCI and is updated on Reuters at expirations. A buyer or seller of CERFs established in May of 1991. The Index least every fifteen seconds during NYSE will be able to trade CERFs on the reflects the value of an investment in trading hours for the Shares and during the GSCI–ER together with a Treasury market maintained by the CME and will business hours on each Business Day on bill return. The GSCI–ER reflects the consequently be able to liquidate its which the offices of Goldman, Sachs in returns that are potentially available position at any time, subject to the New York City are open for business. In through a rolling uncollaterized existence of a liquid market. If a party the event that the Exchange is open for to a CERF wishes to hold its position to investment in the contracts comprising business on a day that is not a GSCI expiration, however, it will be necessary the GSCI. Business Day, the Exchange will not to maintain the position for up to five Because futures contracts have scheduled expirations, or delivery permit trading of the Shares on that years. According to the Registration 15 Statement, as a CERF nears expiration, months, as one contract nears expiration day. The settlement prices for the it is anticipated, but there can be no it becomes necessary to close out the Index and GSCI–ER are also reported on assurance, that the CME will list an position in that delivery month and Reuters Page GSCI at the end of each additional CERF with an approximately establish a position in the next available GSCI Business Day and on Bloomberg five-year expiration. delivery month. This process is referred page GSCIER index. to as ‘‘rolling’’ the position forward. The Creation and redemption of interests e. The Policy Committee in the Trust, and the corresponding GSCI–ER is designed to reflect the creation and redemption of interests in return from rolling each contract The Index Sponsor has established a the Investing Pool, will generally be included in the GSCI in this manner Policy Committee to assist it with the effected through transactions in into the next available delivery month operation of the GSCI.16 The principal ‘‘exchanges of futures for physicals,’’ or as it nears expiration. This is purpose of the Policy Committee is to ‘‘EFPs.’’ EFPs involve contemporaneous accomplished by selling the position in advise the Index Sponsor with respect transactions in futures contracts and the the first delivery month and purchasing to, among other things, the calculation underlying cash commodity or a closely a position of equivalent value in the of the GSCI, the effectiveness of the related commodity. In a typical EFP, the second delivery month. If the price of GSCI as a measure of commodity futures buyer of the futures contract sells the the second contract is lower than the market performance and the need for price of the first contract, the ‘‘rolling’’ underlying commodity to the seller of changes in the composition or the process results in a greater quantity of the futures contract in exchange for a methodology of the GSCI. The Policy the second contract being acquired for cash payment reflecting the value of the Committee acts solely in an advisory commodity and the relationship the same value. Conversely, if the price and consultative capacity. All decisions between the price of the commodity and of the second contract is higher than the with respect to the composition, the related futures contract. According price of the first contract, the ‘‘rolling’’ to the Registration Statement, in the process results in a smaller quantity of the second contract being acquired for 14 Goldman, Sachs & Co., which is a broker/ context of CERFs, CME rules permit the dealer, calculates the GSCI and GSCI–ER. April 13 execution of EFPs consisting of the same value. Telephone Conference. simultaneous purchases (sales) of CERFs The GSCI itself is an index on a 15 See ‘‘Calculation of the Index,’’ infra. and sales (purchases) of Shares. This production-weighted basket of principal 16 The GSCI is a separate index from the Index; mechanism will generally be used by however, the value of the Index (and GSCI–ER the Trust in connection with the 13 Authorized Participants will require access to index) is derived from the GSCI, as described a commodities account in connection with creation/ below. The component selection for the GSCI creation and redemption of Baskets. redemption activity of Shares. April 13 Telephone would obviously affect the Index and the GSCI–ER. Specifically, it is anticipated that an Conference. April 13 Telephone Conference.

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calculation and operation of the GSCI (ii) The commodity must be the more from the date the determination is are made by the Index Sponsor.17 subject of a contract that: made, as well as for all expiration or The Policy Committee generally meets (a) Is denominated in U.S. dollars; settlement dates during that five-month in October of each year. Prior to the (b) Is traded on or through an period. meeting, the Index Sponsor determines exchange, facility or other platform, (v) Volume data with respect to the the commodities to be included in the referred to as a ‘‘trading facility,’’ that contract must be available for at least GSCI for the following calendar year has its principal place of business or the three months immediately preceding and the weighting factors for each operations in a country that is a member the date on which the determination is commodity. The Policy Committee’s of the Organization for Economic made. members receive the proposed Cooperation and Development and: (vi) A contract that is not included in composition of the GSCI in advance of (1) Makes price quotations generally the GSCI at the time of determination the meeting and discuss the available to its members or participants and that is based on a commodity that composition at the meeting. The Index (and, if the Index Sponsor is not such is not represented in the GSCI at that Sponsor also consults the Policy a member or participant, to the Index time must, in order to be added to the Committee on any other significant Sponsor) in a manner and with a GSCI at that time, have a total dollar matters with respect to the calculation frequency that is sufficient to provide value traded, over the relevant period, and operation of the GSCI. The Policy reasonably reliable indications of the as the case may be and annualized, of Committee may, if necessary or level of the relevant market at any given at least $15 billion. The total dollar practicable, meet at other times during point in time; value traded is the dollar value of the the year as issues arise that warrant its (2) Makes reliable trading volume total quantity of the commodity consideration. information available to the Index underlying transactions in the relevant The Policy Committee currently Sponsor with at least the frequency contract over the period for which the consists of eight persons, three of whom required by the Index Sponsor to make calculation is made, based on the are employees of the Index Sponsor or the monthly determinations; average of the daily contract reference its affiliates and five of whom are not (3) Accepts bids and offers from prices on the last day of each month affiliated with the Index Sponsor. multiple participants or price providers; during the period. and (vii) A contract that is already f. Composition of the GSCI (4) Is accessible by a sufficiently included in the GSCI at the time of Because the value of the Index (which broad range of participants. determination and that is the only the Shares track) reflects the futures (iii) The price of the relevant contract contract on the relevant commodity contracts included in the GSCI, the that is used as a reference or benchmark included in the GSCI must, in order to Exchange describes below the index by market participants, referred to as the continue to be included in the GSCI methodology for the GSCI.18 In order to ‘‘daily contract reference price,’’ after that time, have a total dollar value be included in the GSCI, a contract must generally must have been available on a traded, over the relevant period, as the satisfy the following eligibility criteria: continuous basis for at least two years case may be and annualized, of at least (i) The contract must: prior to the proposed date of inclusion $5 billion and at least $10 billion during (a) Be in respect of a physical in the GSCI. In appropriate at least one of the three most recent commodity and not a financial circumstances, however, the Index annual periods used in making the commodity; Sponsor, in consultation with its Policy determination. (b) Have a specified expiration or Committee, may determine that a (viii) A contract that is not included term, or provide in some other manner shorter time period is sufficient or that in the GSCI at the time of determination for delivery or settlement at a specified historical daily contract reference prices and that is based on a commodity on time, or within a specified period, in the for that contract may be derived from which there are one or more contracts future; and daily contract reference prices for a already included in the GSCI at that (c) Be available, at any given point in similar or related contract. The daily time must, in order to be added to the time, for trading at least five months contract reference price may be (but is GSCI at that time, have a total dollar prior to its expiration or such other date not required to be) the settlement price value traded, over the relevant period, or time period specified for delivery or or other similar price published by the as the case may be and annualized, of settlement. relevant trading facility for purposes of at least $30 billion. margining transactions or for other (ix) A contract that is already 17 As mentioned above, Goldman, Sachs & Co., a broker-dealer, is the Index Sponsor of the GSCI, the purposes. included in the GSCI at the time of GSCI–ER and the Index, and in that capacity the (iv) At and after the time a contract is determination and that is based on a company calculates those indices. Goldman, Sachs included in the GSCI, the daily contract commodity on which there are one or & Co. has represented to the Trust Sponsor that reference price for that contract must be more contracts already included in the they: (i) Have or will, prior to issuance of the published between 10 a.m. and 4 p.m., Shares, put in place policies reasonably designed to GSCI at that time must, in order to prevent the use and dissemination by Goldman, New York time, on each Business Day continue to be included in the GSCI Sachs & Co. employees in violation of applicable relating to that contract by the trading after that time, have a total dollar value laws, rules and regulations, of material, non-public facility on or through which it is traded traded, over the relevant period, as the information relating to changes in the composition or method of computation or calculation of the and must generally be available to all case may be and annualized, of at least Index; and (ii) periodically check the application of members of, or participants in, that $10 billion and at least $20 billion such policies as they related to Goldman, Sachs & trading facility (and, if the Index during at least one of the three most Co. employees directly responsible for such Sponsor is not such a member or changes. In addition, the Policy Committee recent annual periods used in making members are subject to written policies with respect participant, to the Index Sponsor) on the the determination. to material, non-public information. April 13 same day from the trading facility or (x) A contract that is: Telephone Conference. through a recognized third-party data (a) Already included in the GSCI at 18 Telephone conference between Michael vendor. Such publication must include, the time of determination must, in order Cavalier, Assistant General Counsel, NYSE, and Florence Harmon, Senior Special Counsel, at all times, daily contract reference to continue to be included after that Commission, on April 14, 2006 (‘‘April 14 prices for at least one expiration or time, have a reference percentage dollar Telephone Conference’’). settlement date that is five months or weight of at least 0.10%. The ‘‘reference

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percentage dollar weight’’ of a contract first, provided that no further contracts entry, between the pairs of contract represents the current value of the will be included if such inclusion expirations included in the GSCI that at quantity of the underlying commodity would result in the portion of the GSCI any given point in time will be involved that is included in the Index at a given attributable to that commodity in the rolls to be effected in the next time. This figure is determined by exceeding a particular level. three roll periods; and (ii) a contract that multiplying the contract production (b) If additional contracts could be is not included in the GSCI at the time weight of a contract, or ‘‘CPW,’’ by the included with respect to several of determination must, in order to be average of its daily contract reference commodities at the same time, that added to the GSCI at that time, have a prices on the last day of each month procedure is first applied with respect reference percentage dollar weight of at during the relevant period. These to the commodity that has the smallest least 1.00%. portion of the GSCI attributable to it at amounts are summed for all contracts The contracts currently included in included in the GSCI and each the time of determination. Subject to the other eligibility criteria described above, the GSCI are all futures contracts traded contract’s percentage of the total is then on the New York Mercantile Exchange, determined. The CPW of a contract is its the contract with the highest total quantity traded on that commodity will Inc. (‘‘NYM’’), the ICE Futures (‘‘ICE’’), weight in the Index. the CME, the Chicago Board of Trade (b) Not included in the GSCI at the be included. Before any additional (‘‘CBT’’), the Coffee, Sugar & Cocoa time of determination must, in order to contracts on the same commodity or on Exchange, Inc. (‘‘CSC’’), the New York be added to the GSCI at that time, have any other commodity are included, the Cotton Exchange (‘‘NYC’’), the Kansas a reference percentage dollar weight of portion of the GSCI attributable to all City Board of Trade (‘‘KBT’’), the at least 0.75%. commodities is recalculated. The (xi) In the event that two or more selection procedure described above is COMEX Division of the New York contracts on the same commodity satisfy then repeated with respect to the Mercantile Exchange, Inc. (‘‘CMX’’) and the eligibility criteria: contracts on the commodity that then the London Metal Exchange (‘‘LME’’). (a) Such contracts will be included in has the smallest portion of the GSCI The futures contracts currently the GSCI in the order of their respective attributable to it. included in the GSCI, their percentage total quantity traded during the relevant Beginning in 2007, in order for a dollar weights (as of January 20, 2006), period (determined as the total quantity contract to be included in the GSCI: (i) their market symbols and the exchanges of the commodity underlying The trading facility in which the on which they are traded, trading hours transactions in the relevant contract), contract is traded must allow market (New York time), Average Daily Trading with the contract having the highest participants to execute spread Volume (‘‘ADTV’’) for 2005, and units total quantity traded being included transactions, through a single order per contract are as follows:

PDW 01/20/06 Market sym- Trading Fa- ADTV (con- Units Commodity (percent) bol cility tracts) (per contract

Crude Oil ...... 30.05 CL ...... NYM ...... 237,535 1,000 bbls Brent Crude Oil ...... 13.81 LCO ...... ICE ...... 114,628 1,000 gal Natural Gas ...... 10.30 NG ...... NYM ...... 76,139 10,000 gal Heating Oil ...... 8.16 HO ...... NYM ...... 76,139 10,000 gal Gasoline ...... 7.84 HU ...... NYM ...... 52,406 42,000 gal Gas Oil ...... 4.41 LGO ...... ICE ...... 41,561 100 Mtons Live Cattle ...... 2.88 LC ...... CME ...... 23,173 40,000 lbs Wheat ...... 2.47 W ...... CBT ...... 38,838 5,000 bushels Aluminum ...... 2.88 IA ...... LME ...... 120,568 25 Mtons Corn ...... 2.46 C ...... CBT ...... 101,308 5,000 bushels Copper ...... 2.37 IC ...... LME ...... 76,116 25 Mtons Soybeans ...... 1.77 S ...... CBT ...... 73,957 5,000 bushels Lean Hogs ...... 2.00 LH ...... CME ...... 16,449 40,000 lbs Gold ...... 1.73 GC ...... CMX ...... 63,232 100 oz Sugar ...... 1.30 SB ...... CSC ...... 51,822 112,000 lbs Cotton ...... 0.99 CT ...... NYC ...... 15,335 50,000 lbs Red Wheat ...... 0.90 KW ...... KBT ...... 14,613 5,000 bushels Coffee ...... 0.80 KC ...... CSC ...... 15,888 37,500 lbs Standard Lead ...... 0.29 IL ...... LME ...... 16,128 25 Mtons Feeder Cattle ...... 0.78 FC ...... CME ...... 4,042 40,000 lbs Zinc ...... 0.54 IZ ...... LME ...... 42,070 25 Mtons Primary Nickel ...... 0.82 IN ...... LME ...... 13,812 6 Mtons Cocoa ...... 0.23 CC ...... CSC ...... 10,291 10 Mtons Silver ...... 0.20 SI ...... CMX ...... 22,017 5,000 oz

The hours of trading (New York time) of the commodities in the chart above are as follows:

Commodity Trading facility Trading hours (NY time)

Crude Oil ...... NYM ...... 10 am–2:30 pm. Brent Crude Oil ...... ICE ...... 8 pm–5:00 pm (next day). Natural Gas ...... NYM ...... 10 am–2:30 pm. Heating Oil ...... NYM ...... 10:05 am–2:30 pm.

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Commodity Trading facility Trading hours (NY time)

Gasoline ...... NYM ...... 10:05 am–2:30 pm. Gas Oil ...... ICE ...... 8 pm–5:00 pm (next day). Live Cattle ...... CME ...... 10:05 am–2 pm. Wheat ...... CBT ...... 10:30 am–2:15 pm. Aluminum ...... LME ...... 6:55 am–12 pm. Corn ...... CBT ...... 10:30 am–2:15 pm. Copper ...... LME ...... 7 am–12 pm. Soybeans ...... CBT ...... 10:30 am–2:15 pm. Lean Hogs ...... CME ...... 9:10 am–1 pm. Gold ...... CMX ...... 8:20 am–1:30 pm. Sugar ...... CSC ...... 9 am–12 pm. Cotton ...... NYC ...... 10:30 am–2:15 pm. Red Wheat ...... KBT ...... 10:30 am–2:15 pm. Coffee ...... CSC ...... 9:15 am–12:30 pm. Standard Lead ...... LME ...... 7:05 am–11:50 am. Feeder Cattle ...... CME ...... 10:05 am–2 pm. Zinc ...... LME ...... 7:10 am–11:55 am. Primary Nickel ...... LME ...... 7:10 am–11:55 am. Cocoa ...... CSC ...... 8 am–11:50 am. Silver ...... CMX ...... 8:25 am–1:25 pm.

The quantity of each of the contracts relative to the production of the no longer satisfy that criteria, if any, included in the GSCI is determined on commodity. will be deleted. the basis of a five-year average, referred In addition, the Index Sponsor The Index Sponsor, in consultation to as the ‘‘world production average,’’ of performs this calculation on a monthly with its Policy Committee, also the production quantity of the basis and, if the multiple of any contract determines whether modifications in underlying commodity as published by is below the prescribed threshold, the the selection criteria or the methodology the United Nations Statistical Yearbook, composition of the GSCI is reevaluated, for determining the composition and the Industrial Commodity Statistics weights of and for calculating the GSCI based on the criteria and weighting Yearbook and other official sources. are necessary or appropriate in order to procedure described above. This However, if a commodity is primarily a assure that the GSCI represents a procedure is undertaken to allow the regional commodity, based on its measure of commodity market GSCI to shift from contracts that have production, use, pricing, transportation performance. The Index Sponsor has the lost substantial liquidity into more or other factors, the Index Sponsor, in discretion to make any such consultation with its Policy Committee, liquid contracts during the course of a modifications, in consultation with its may calculate the weight of that given year. As a result, it is possible that Policy Committee. commodity based on regional, rather the composition or weighting of the g. Total Dollar Weight of the GSCI than world, production data. At present, GSCI will change on one or more of natural gas is the only commodity the these monthly evaluation dates. The The total dollar weight of the GSCI is weights of which are calculated on the likely circumstances under which the the sum of the dollar weight of each of basis of regional production data, with Index Sponsor would be expected to the underlying commodities. The dollar the relevant region defined as North change the composition of the Index weight of each such commodity on any America. during a given year, however, are: (i) A given day is equal to: The five-year moving average is substantial shift of liquidity away from • The daily contract reference price; updated annually for each commodity a contract included in the Index as • Multiplied by the appropriate CPW; included in the GSCI, based on the most described above; or (ii) an emergency, and recent five-year period (ending such as a natural disaster or act of war • During a roll period, the approximately two years prior to the or terrorism, that causes trading in a appropriate ‘‘roll weights’’ (discussed date of calculation and moving particular contract to cease permanently below). backwards) for which complete data for or for an extended period of time. In The daily contract reference price all commodities is available. The CPWs either event, the Index Sponsor will used in calculating the dollar weight of used in calculating the GSCI are derived consult with the Policy Committee in each commodity on any given day is the from world or regional production connection with the changes to be made most recent daily contract reference averages, as applicable, of the relevant and will publish the nature of the price made available by the relevant commodities, and are calculated based changes, through Web sites, news media trading facility, except that the daily on the total quantity traded for the or other outlets, with as much prior contract reference price for the most relevant contract and the world or notice to market participants as is recent prior day will be used if the regional production average, as reasonably practicable. Moreover, exchange is closed or otherwise fails to applicable, of the underlying regardless of whether any changes have publish a daily contract reference price commodity. However, if the volume of occurred during the year, the Index on that day. In addition, if the trading trading in the relevant contract, as a Sponsor reevaluates the composition of facility fails to make a daily contract multiple of the production levels of the the GSCI, in consultation with its Policy reference price available or publishes a commodity, is below specified Committee, at the conclusion of each daily contract reference price that, in thresholds, the CPW of the contract is year, based on the above criteria. Other the reasonable judgment of the Index reduced until the threshold is satisfied. commodities that satisfy that criteria, if Sponsor, reflects manifest error, the This is designed to ensure that trading any, will be added to the GSCI. relevant calculation will be delayed in each contract is sufficiently liquid Commodities included in the GSCI that until the price is made available or

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corrected; provided, that, if the price is hypothetical investment in the GSCI at number of Shares outstanding at the not made available or corrected by 4 a rate equal to the interest rate on a time the calculation is made. p.m. New York time, the Index Sponsor specified U.S. Treasury bill. The NAV for each Business Day on may, if it deems that action to be which the NYSE is open for regular j. Valuation of CERFs; Computation of appropriate under the circumstances, trading will be distributed through Trust’s Net Asset Value determine the appropriate daily contract major market data vendors and will be reference price for the applicable futures On each Business Day on which the published online at http:// contract in its reasonable judgment for NYSE is open for regular trading, as www.iShares.com, or any successor purposes of the relevant GSCI soon as practicable after the close of thereto. The Trust will update the NAV calculation.19 regular trading of the Shares on the as soon as practicable after each NYSE (normally, 4:15 p.m., New York subsequent NAV is calculated. h. Calculation of the GSCI–ER time), the Trustee will determine the net The value of the GSCI-ER on any GSCI asset value (‘‘NAV’’) of the Trust and k. Creations of Baskets Business Day is equal to the product of: per share as of that time. The Trust will offer Shares on a (i) The value of the GSCI-ER on the The Trustee will value the Trust’s continuous basis on each business day, immediately preceding GSCI Business assets based upon the determination by but only in Baskets consisting of 50,000 Day multiplied by (ii) one plus the sum the Manager, which may act through the Shares. Baskets will be typically issued of the contract daily return 20 on the Investing Pool Administrator, of the only in exchange for an amount of GSCI Business Day on which the NAV of the Investing Pool. The Manager CERFs and cash (or, in the discretion of calculation is made. The value of the will determine the NAV of the Investing the Trustee, Short-Term Securities in GSCI-ER has been normalized such that Pool as of the same time that the Trustee lieu of cash) equal to the Basket Amount its hypothetical level on January 2, 1970 determines the NAV of the Trust. for the Business Day on which the was 100. The Manager will value the Investing creation order was received by the Pool’s long position in CERFs on the Trustee. The Basket Amount for a i. Calculation of the Index basis of that day’s announced CME Business Day will have a per Share The value of the Index on any GSCI settlement price for the CERF. The value value equal to the NAV as of such day. Business Day is equal to the product of: of the Investing Pool’s CERF position However, orders received by the Trustee (i) The value of the Index on the (including any related margin) will after 2:40 p.m., New York time, will be immediately preceding GSCI Business equal the product of: (i) The number of treated as received on the next following Day multiplied by (ii) one plus the sum CERF contracts owned by the Investing Business Day. The Trustee will notify of the contract daily return and the Pool and (ii) the settlement price on the the Authorized Participants of the Treasury bill return on the GSCI date of calculation. If there is no Basket Amount on each Business Day Business Day on which the calculation announced CME settlement price for the prior to the opening of the Exchange. is made, multiplied by (iii) one plus the CERF on a Business Day, the Manager Before the Trust will issue any Treasury bill return for each non-GSCI will use the most recently announced Baskets to an Authorized Participant, Business Day since the immediately CME settlement price unless the that Authorized Participant must deliver preceding GSCI Business Day. The Manager determines that that price is to the Trustee a written creation order Treasury bill return is the return on a inappropriate as a basis for evaluation. indicating the number of Baskets it The daily settlement price for the CERF intends to purchase and providing other 19 If such actions by the Index Sponsor are is established by the CME shortly after details with respect to the procedures by implemented on more than a temporary basis, the which the Baskets will be transferred. Exchange will contact the Commission Staff and, as the close of trading in Chicago at 2:40 necessary, file a proposed rule change pursuant to p.m. New York time on each trading The Trustee will acknowledge the Rule 19b-4 seeking Commission approval to day.21 creation order unless it or the Sponsor continue to trade the Shares. Unless approved for Once the value of the CERFs and decides to refuse the order as described continued trading, the Exchange would commence interest earned on any assets posted as in the prospectus. delisting proceedings. See ‘‘Continued Listing Criteria,’’ infra; April 10 Telephone Conference. margin and any other assets of the Upon the transfer of the required 20 The contract daily return on any given day is Investing Pool has been determined, the consideration of CERFs and cash (or, in equal to the sum, for each of the commodities Manager will subtract all accrued the discretion of the Trustee, Short- included in the GSCI, of the applicable daily expenses and liabilities of the Investing Term Securities in lieu of cash) in the contract reference price on the relevant contract amounts, and to the accounts, specified multiplied by the appropriate CPW and the Pool as of the time of calculation in appropriate ‘‘roll weight,’’ divided by the total order to calculate the net asset value of by the Trustee, and the Trustee’s dollar weight of the GSCI on the preceding day, the Investing Pool. The Manager, or the transaction fee per Basket (described minus one. Investing Pool Administrator on its below), the Trustee will deliver the The ‘‘roll weight’’ of each commodity reflects the behalf, will then calculate the value of appropriate number of Baskets to the fact that the positions in contracts must be liquidated or rolled forward into more distant the Trust’s Investing Pool Interest and Depository Trust Company (‘‘DTC’’) contract expirations as they near expiration. If provide this information to the Trustee. account of the Authorized Participant. actual positions in the relevant markets were rolled Once the value of the Trust’s In limited circumstances and with the forward, the roll would likely need to take place Investing Pool Interests have been approval of the Trustee, Baskets may be over a period of days. Since the GSCI is designed to replicate the performance of actual investments determined and provided to the Trustee, created for cash, in which case the in the underlying contracts, the rolling process the Trustee will subtract all accrued Authorized Participant will be required incorporated in the GSCI also takes place over a expenses and other liabilities of the to pay any additional issuance costs, period of days at the beginning of each month, Trust from the total value of the assets including the costs to the Investing Pool referred to as the ‘‘roll period.’’ On each day of the roll period, the ‘‘roll weights’’ of the first nearby of the Trust, in each case as of the of establishing the corresponding CERF contract expirations on a particular commodity and calculation time. The resulting amount position. the more distant contract expiration into which it is the NAV of the Trust. The Trustee Only Authorized Participants can is rolled are adjusted, so that the hypothetical will determine the NAV per Share by transfer the required consideration and position in the contract on the commodity that is included in the GSCI is gradually shifted from the dividing the NAV of the Trust by the receive Baskets in exchange. Authorized first nearby contract expiration to the more distant Participants may act for their own contract expiration. 21 April 10 Telephone Conference. accounts or as agents for broker-dealers,

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custodians, and other securities market providing other details with respect to plus any expenses, taxes or charges participants that wish to create or the procedures by which the required (such as stamp taxes or stock transfer redeem Baskets. An Authorized Basket Amount will be transferred. The taxes or fees) related to the creation or Participant will have no obligation to Trustee will acknowledge the surrender for redemption. The Trustee create or redeem Baskets for itself or on redemption order unless it or the will be entitled to reimburse itself from behalf of other persons. An order for one Sponsor decides to refuse the the assets of the Trust for all expenses or more baskets may be placed by an redemption order as described in the and disbursements incurred by it for Authorized Participant on behalf of Trust prospectus. extraordinary services it may provide to multiple clients. The Sponsor and the After the delivery by the Authorized the Trust or in connection with any Trustee will maintain a current list of Participant to the Trustee’s DTC account discretionary action the Trustee may Authorized Participants. of the total number of Shares to be take to protect the Trust or the interests No Shares will be issued unless and redeemed by an Authorized Participant, of the holders to the extent not paid by until the Trustee receives confirmation the Trustee will deliver to the order of the Sponsor. that: (i) The required consideration has the redeeming Authorized Participant been received in the account or redemption proceeds consisting of n. Dissemination of Information accounts specified by the Trustee; and CERFs and cash (or, in the discretion of Relating to the Shares, Trust Holdings, (ii) the Manager confirms that Investing the Trustee, Short-term Securities in and Relevant Indices Pool Interests with an initial value equal lieu of cash). In connection with a The Web site for the Trust (http:// to the consideration received for the redemption order, the redeeming www.iShares.com), which will be Shares have been issued to the Trust. It Authorized Participant authorizes the publicly accessible at no charge, will is expected that delivery of the Shares Trustee to deduct from the proceeds of contain the following information: (i) will be made against transfer of redemption a transaction fee per Basket The prior Business Day’s NAV and the consideration on the next Business Day (described below). In limited reported closing price; (ii) the mid-point (T+1) following the Business Day on circumstances and with the approval of of the bid-ask price in relation to the which the creation order is received by the Trustee, Baskets may be redeemed NAV as of the time the NAV is the Trustee. If the Trustee has not for cash, in which case the Authorized calculated (the ‘‘Bid-Ask Price’’); (iii) received the required consideration for Participants will be required to pay any calculation of the premium or discount the Shares to be delivered on the additional redemption costs, including of such price against such NAV; (iv) delivery date, by 11 a.m., New York the costs to the Investing Pool of data in chart form displaying the time, the Trustee may cancel the liquidating the corresponding CERF frequency distribution of discounts and creation order.22 position. The Trust will receive these premiums of the Bid-Ask Price against redemption proceeds pursuant to the the NAV, within appropriate ranges for l. Redemptions of Baskets Trust’s contemporaneous redemption of each of the four previous calendar Authorized Participants may typically Investing Pool Interests of quarters; (v) the prospectus; (vi) the surrender Baskets in exchange only for corresponding value. Shares can be holdings of the Trust, including CERFs, an amount of CERFs and cash (or, in the surrendered for redemption only in cash and Treasury securities; (vii) the discretion of the Trustee, Short-Term Baskets consisting of 50,000 Shares Basket Amount; and (viii) other Securities in lieu of cash) equal to the each. applicable quantitative information. The Basket Amount on the Business Day the It is expected that delivery of the Exchange on its Web site at http:// redemption request is received by the CERFs, cash or Short-term Securities to www.nyse.com will include a hyperlink Trustee. However, redemption requests the redeeming Shareholder will be made to the Trust’s Web site at http:// received by the Trustee after 2:40 p.m., against transfer of the Baskets on the www.iShares.com. New York time (or, on any day on next Business Day following the As described above, the NAV for the which the CME is scheduled to close Business Day on which the redemption Fund will be calculated and early, after the close of trading of CERFs request is received by the Trustee. If the disseminated daily. The NYSE also on the CME on such day), will be Trustee’s DTC account has not been intends to disseminate, during NYSE treated as received on the next following credited with the total number of Shares trading hours for the Trust on a daily Business Day. Holders of Baskets who to be redeemed pursuant to the basis by means of CTA/CQ High Speed are not Authorized Participants will be redemption order by 11 a.m., New York Lines information with respect to the able to redeem their Baskets only time, on the delivery date, the Trustee Indicative Value (as discussed below), through an Authorized Participant. It is may cancel the redemption order. DTC recent NAV, and Shares outstanding. expected that Authorized Participants will accept the Shares for settlement The Exchange will also make available may redeem Baskets for their own through its book-entry settlement on http://www.nyse.com daily trading accounts or on behalf of Shareholders system. Shares do not have any voting volume, closing prices, and the NAV. who are not Authorized Participants, rights. Real-time information is available about the Trust’s holdings in the but they are under no obligation to do m. Fees and Expenses of the Trustee so. Investing Pool. Various data vendors Before surrendering Baskets for Each order for the creation of Baskets and news publications publish futures redemption, an Authorized Participant must be accompanied by a payment to prices and data. Futures quotes and last must deliver to the Trustee a written the Trustee of a transaction fee per sale information for the commodities request indicating the number of Basket of $10.00 multiplied by the underlying the Index and the CERFs are Baskets it intends to redeem and number of CERFs included in the Basket widely disseminated through a variety Amount. For redemption orders, the of market data vendors worldwide, 22 The price at which the Shares trade should be redeeming Authorized Participant will including Bloomberg and Reuters. In disciplined by arbitrage opportunities created by authorize the Trustee to deduct from the addition, complete real-time data for the ability to purchase or redeem shares of the Trust proceeds of the redemption a such futures, including the CERFs, is in Basket size. This should help ensure that the Shares will not trade at a material discount or transaction fee per Basket equal to available by subscription from Reuters premium to their net asset value or redemption $10.00 multiplied by the number of and Bloomberg. The futures exchanges value. CERFs included in the Basket Amount, or which the underlying commodities

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and CERFs trade also provide delayed trading, spreads and resulting premiums 19b–4 under the Act,27 seeking approval futures information on current and past or discounts may widen, and, therefore, to continue trading the Notes and unless trading sessions and market news increase the difference between the approved, the Exchange will commence generally free of charge on their price of the Shares and the NAV of the delisting the Shares if: respective Web sites. The specific Shares. Indicative Value on a per Share • The Index Sponsor substantially contract specifications for the futures basis disseminated during NYSE trading change either the Index component contracts are also available from the hours should not be viewed as a real selection methodology or the weighting futures exchanges on their Web sites as time update of the NAV, which is methodology; well as other financial informational calculated only once a day. The • If a new component is added to the sources. Exchange believes that dissemination of Index (or pricing information is used for As stated above, major market data the Indicative Value provides additional a new or existing component) that vendors will disseminate at least every information that is not otherwise constitutes more than 10% of the weight 15 seconds (during the time that the available to the public and is useful to of the Index with whose principal Shares trade on the Exchange) the GSCI professionals and investors in trading market the Exchange does not and Index values. Additionally, major connection with the Shares trading on have a comprehensive surveillance market data vendors will disseminate at the Exchange or creation or redemption sharing agreement; 28 or least every 15 seconds (during the time of the Shares. • If a successor or substitute index is that the Shares trade on the Exchange) p. Other Characteristics of the Shares used in connection with the Shares. The the value of the GSCI–ER, which the filing will address, among other things CERFs (held by the Investing Pool) i. General Information the listing and trading characteristics of trading on CME are designed to track.23 A minimum of three Baskets, the successor or substitute index and Daily settlement values for the GSCI, the representing 150,000 Shares, will be the Exchange’s surveillance procedures Index, and the GSCI–ER are also widely outstanding at the commencement of applicable thereto. 24 disseminated. trading on the Exchange. q. Exchange Trading Rules and Policies Trading in Shares on the Exchange o. Indicative Value will be effected normally until 4:15 p.m. The Shares are considered In order to provide updated each day on which the Exchange is open ‘‘securities’’ pursuant to NYSE Rule 3 information relating to the Trust for use for trading. The minimum trading and are subject to all applicable trading by investors, professionals, and other increment for Shares on the Exchange rules. persons, the Exchange will disseminate will be $0.01. The Trust is exempt from corporate governance requirements in section through the facilities of CTA an updated ii. Fees Indicative Value on a per Share basis as 303A of the NYSE Listed Company calculated by Bloomberg. The Indicative The Exchange original listing fee Manual, including the Exchange’s audit Value will be disseminated at least applicable to the listing of the Trust will committee requirements in Section every 15 seconds from 9:30 a.m. to 4:15 be $5,000. The annual continued listing 303A.06.29 p.m. New York time. The Indicative fee for the Trust will be $2,000. The Exchange will adopt new NYSE Value will be calculated based on the iii. Continued Listing Criteria Rule 1300B (‘‘Commodity Trust cash and collateral in a Basket Amount Shares’’) to deal with issues related to Under the applicable continued divided by 50,000, adjusted to reflect the trading of the Shares. Specifically, listing criteria, the Shares may be the market value of the investments for purposes of NYSE Rules 13 delisted as follows: (i) Following the held by the Investing Pool, i.e., CERFs.25 (‘‘Definitions of Orders’’), 36.30 initial twelve-month period beginning The Indicative Value will not reflect (‘‘Communications Between Exchange upon the commencement of trading of price changes to the price of an and Members’ Offices’’), 98 the Shares, there are fewer than 50 underlying commodity between the record and/or beneficial holders of the 27 close of trading of the futures contract 17 CFR 240.19b–4. Shares for 30 or more consecutive 28 at the relevant futures exchange and the April 10 Telephone Conference. trading days; (ii) the value of the Index 29 close of trading on the NYSE at 4:15 See Rule 10A–3(c)(7), 17 CFR 240.10A–3(c)(7) ceases to be calculated or available on (stating that a listed issuer is not subject to the p.m. New York time. at least a 15-second basis from a source requirements of Rule 10A–3 if the issuer is When the market for futures trading organized as a trust or other unincorporated unaffiliated with the Sponsor, the Trust for each of the Index commodities is association that does not have a board of directors or the Trustee; (iii) the Indicative Value open, the Indicative Value can be and the activities of the issuer are limited to ceases to be available on at least a 15- passively owning or holding securities or other expected to closely approximate the second delayed basis; or (iv) such other assets on behalf of or for the benefit of the holders value per Share of the Basket Amount. of the listed securities). event shall occur or condition exist that, However, during NYSE trading hours See also Securities Exchange Act Release No. in the opinion of the Exchange, makes when the futures contracts have ceased 48745 (November 4, 2003), 68 FR 64154 (November further dealings on the Exchange 12, 2003) (SR–NYSE–2002–33, SR–NASD–2002–77, inadvisable. In addition, the Exchange et al.) (specifically noting that the corporate 23 The value of a Share may accordingly be governance standards will not apply to, among influenced by non-concurrent trading hours will remove Shares from listing and others, passive business organizations in the form between the NYSE and the various futures trading upon termination of the Trust. of trusts); Securities Exchange Act Release No. exchanges on which the futures contracts based on Additionally, the Exchange will file a 47654 (April 25, 2003), 68 FR 18787 (April 16, the Index commodities are traded. While the Shares proposed rule change pursuant to Rule 2003) (noting in Section II(F)(3)(c) that ‘‘SROs may will trade on the NYSE from 9:30 a.m. to 4:15 p.m. 19b–4 under the Act,26 seeking approval exclude from Exchange Act Rule 10A–3’s New York time, the table above lists the trading requirements issuers that are organized as trusts or hours for each of the Index commodities underlying to continue trading the Shares and other unincorporated associations that do not have the futures contracts. unless approved, the Exchange will a board of directors or persons acting in a similar 24 April 13 Telephone Conference. commence delisting the Shares if: capacity and whose activities are limited to 25 Telephone conference between Michael Additionally, the Exchange will file a passively owning or holding (as well as Cavalier, Assistant General Counsel, NYSE, and administering and distributing amounts in respect Florence Harmon, Senior Special Counsel, proposed rule change pursuant to Rule of) securities, rights, collateral or other assets on Commission, on April 5, 2006 (authorizing behalf of or for the benefit of the holders of the clarification of sentence). 26 17 CFR 240.19b–4. listed securities.’’)

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(‘‘Restrictions on Approved Person least every 15 seconds is no longer Under proposed NYSE Rule 1301B(a), Associated with a Specialist’s Member calculated or available.32 the member organization acting as Organization), 104 (‘‘Dealings by specialist in a Section 703.19 security: Specialists’’), 105(m) (‘‘Guidelines for ii. Specialists’ Trading Obligations (i) Will be obligated to conduct all Specialist’s’’ Specialty Stock Option New Supplementary Material .10 to trading in the specialty security in its Transactions Pursuant to Rule 105’’), proposed NYSE Rule 1301B would specialist account, (subject only to the 460.10 (‘‘Specialists Participating in apply the provisions of proposed Rule ability to have one or more investment Contests’’), 1002 (‘‘Availability of 1300B(b) and Rule 1301B to certain accounts, all of which must be reported Automatic Feature’’), and 1005 (‘‘Order securities listed on the Exchange to the Exchange); (ii) will be required to file with the Exchange and keep current May Not Be Broken Into Smaller pursuant to section 703.19 (‘‘Other Accounts’’), the Shares will be treated a list identifying all accounts for trading Securities’’) of the NYSE Listed similar to Investment Company Units.30 in the physical commodities included Company Manual. Specifically, When these Rules discuss Investment in, or derivative instruments based on proposed NYSE Rules 1300B(b) and Company Units, references to the word the relevant index, which the member 1301B will apply to securities listed index (or derivative or similar words) organization acting as specialist may under section 703.19 where the price of will be deemed to be references to the have or over which it may exercise such securities is based in whole or part applicable commodity or commodity investment discretion; and (iii) will be index price and reference to the word on the price of a commodity or prohibited from trading in physical security (or derivative or similar words) commodities, a commodities index, or commodities included in, or derivative will be deemed to be references to the any futures contracts or other instruments based on the relevant Commodity Index Trust Shares. derivatives based thereon. Examples of index, in an account in which a member The Exchange does not currently the securities to which Supplementary organization acting as specialist, intend to exempt Commodity Trust Material .10 will apply are the subjects controls trading activities which have Shares from the Exchange’s ‘‘Market-on- of the following File Nos.: (i) SR–NYSE– not been reported to the Exchange as Close/Limit-on-Close/Pre-Opening Price 2006–16 (proposal to list and trade required by proposed NYSE Rule 1301B. Indications’’ Policy, although the Index-Linked Securities of Barclays Under Rule 1301B(b), the member Exchange may do so by means of a rule Bank PLC linked to the performance of organization acting as specialist in a change in the future if, after having the Dow Jones-AIG Commodity Index relevant section 703.19 security will be experience with the trading of the Total ReturnTM); (ii) SR–NYSE–2006–19 required to make available to the Shares, the Exchange believes such an (proposal to list and trade Index-Linked Exchange such books, records or other exemption is appropriate. Securities of Barclays Bank PLC linked information pertaining to transactions to the performance of the Goldman i. Trading Halts by the member organization and other Sachs Crude Oil Total Return IndexTM); specified persons for its or their own With respect to trading halts, the and (iii) File No. SR–NYSE–2006–20 accounts in derivative instruments on Exchange may consider all relevant (proposal to list and trade Index-Linked an index underlying such section 703.19 factors in exercising its discretion to Securities of Barclays Bank PLC linked security or any commodity included in halt or suspend trading in the Shares. to the performance of the GSCI Total such index, as may be requested by the Trading on the Exchange in the Shares Return Index TM). Exchange. This requirement is in may be halted because of market As a result of application of proposed addition to existing obligations under conditions or for reasons that, in the NYSE Rule 1300B(b), the specialist in a Exchange rules regarding the production view of the Exchange, make trading in relevant security listed under section of books and records. Under proposed the Shares inadvisable. These may 703.19 (‘‘Section 703.19 security’’), the NYSE Rule 1301B(c), in connection include (1) the extent to which trading specialist’s member organization and with trading derivative instruments is not occurring in the underlying other specified persons will be based on an index underlying a relevant commodities or (2) whether other prohibited under paragraph (m) of section 703.19 security in which the unusual conditions or circumstances NYSE Rule 105 Guidelines from acting member organization acts as specialist, detrimental to the maintenance of a fair as market maker or functioning in any the specialist could not use any material and orderly market are present. In capacity involving market-making nonpublic information received from addition, trading in Shares is subject to responsibilities in the physical any person associated with a member or trading halts caused by extraordinary commodities included in, or options, employee of such person regarding market volatility pursuant to Exchange’s futures or options on futures on, the trading by such person or employee in ‘‘circuit breaker’’ rule.31 The Exchange index underlying the relevant section derivative instruments based on the will halt trading in the Shares if the 703.19 security, or any other derivatives underlying index or in any commodity value of the Index is no longer (collectively, ‘‘derivative instruments’’) included in such index. calculated or available on at least a 15- based on such index. A specialist second basis through one or more major r. Surveillance entitled to an exemption under NYSE market data vendors during the time the The Exchange represents that its Rule 98 from paragraph (m) of NYSE Shares trade on the NYSE, or if the surveillance procedures are adequate to Rule 105 Guidelines could act in a Indicative Value per Share updated at properly monitor the trading of the market making capacity in physical Shares and the Index components. The commodities included in, or derivative 30 In particular, proposed NYSE Rule 1300B Exchange will rely upon existing NYSE instruments based on such index, other provides that NYSE Rule 105(m) is deemed to surveillance procedures governing prohibit an equity specialist, his member than as a specialist in the same section equities with respect to surveillance of organization, other member, allied member or 703.19 security in another market the Shares. The Exchange believes that approved person in such member organization or center. officer or employee thereof from acting as a market these procedures are adequate to maker or functioning in any capacity involving monitor Exchange trading of the Shares, market-making responsibilities in the applicable 32 In such events, the Exchange would futures contracts, except as otherwise provided immediately contact the Commission to discuss to detect violations of Exchange rules, therein. measures that may be appropriate under the consequently deterring manipulation. In 31 NYSE Rule 80B. circumstances. this regard, the Exchange currently has

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the authority under NYSE Rule 476 to s. Due Diligence 6(b)(5) 35 that an exchange have rules request the Exchange specialist in the Before a member, member that are designed to prevent fraudulent Shares to provide NYSE Regulation with organization, allied member or and manipulative acts and practices, to information that the specialist uses in employee thereof recommends a promote just and equitable principles of connection with pricing the Shares on transaction in the Shares, such person trade, to remove impediments to, and the Exchange, including specialist must exercise due diligence to learn the perfect the mechanism of a free and proprietary or other information essential facts relative to the customer open market and, in general, to protect regarding securities, commodities, pursuant to NYSE Rule 405, and must investors and the public interest. futures, options on futures or other determine that the recommendation B. Self-Regulatory Organization’s derivative instruments. The Exchange complies with all other applicable Statement on Burden on Competition believes it also has authority to request Exchange and Federal rules and any other information from its regulations. A person making such The Exchange believes that the members—including floor brokers, recommendation should have a proposed rule change would not impose specialists and ‘‘upstairs’’ firms—to reasonable basis for believing, at the any burden on competition that is not fulfill its regulatory obligations.33 time of making the recommendation, necessary or appropriate in furtherance of the purposes of the Act. With regard to the Index components, that the customer has sufficient the Exchange can obtain market knowledge and experience in financial C. Self-Regulatory Organization’s surveillance information, including matters that he or she may reasonably be Statement on Comments on the customer identity information, with expected to be capable of evaluating the Proposed Rule Change Received From respect to transactions occurring on the risks and any special characteristics of Members, Participants or Others the recommended transaction, and is New York Mercantile Exchange The Exchange has not solicited, and financially able to bear the risks of the (‘‘NYMEX’’), the Kansas City Board of does not intend to solicit, comments on recommended transaction. Trade, ICE and the LME, pursuant to its this proposed rule change. The comprehensive information sharing t. Information Memo Exchange has not received any written agreements with each of those The Exchange will distribute an comments from members or other exchanges. All of the other trading information memo (‘‘Memo’’) to its interested parties. venues on which current Index members in connection with the trading components are traded are members of III. Date of Effectiveness of the in the Shares. The Memo will discuss the Intermarket Surveillance Group Proposed Rule the special characteristics and risks of Within 35 days of the date of (‘‘ISG’’) and the Exchange therefore has trading this type of security. publication of this notice in the Federal access to all relevant trading Specifically, the Memo, among other Register or within such longer period (i) information with respect to those things, will discuss what the Shares are, as the Commission may designate up to contracts without any further action that Shares are not individually 90 days of such date if it finds such being required on the part of the redeemable but are redeemable only in longer period to be appropriate and Exchange. If at any time the Index Baskets of 50,000 shares or multiples publishes its reasons for so finding or Sponsor includes in the Index a contract thereof, how a Basket is created and (ii) as to which the self-regulatory traded on any other market which is not redeemed, applicable Exchange rules, organization consents, the Commission a member or affiliate of the ISG and the Indicative Value, dissemination will: with respect to which the Exchange information, trading information and (A) By order approve such proposed does not have a preexisting the applicability of suitability rules, and comprehensive information sharing rule change; or exemptive relief granted by the (B) Institute proceedings to determine agreement previously reviewed and Commission from certain rules under found acceptable by the Commission, 34 whether the proposed rule change the Act. The Memo will also reference should be disapproved. then, prior to the inclusion of such that the Trust is subject to various fees contract in the Index, the Exchange will: The NYSE has requested accelerated and expenses described in the approval of the proposed rule change (i) Enter into adequate information Registration Statement. Finally, the sharing arrangements with that other prior to the thirtieth day after the date Memo will also note to members of publication of notice in the Federal market; and (ii) contact the Commission language in the Registration Statement to discuss measures that may be Register, following the conclusion of a regarding prospectus delivery 15-day comment period. While the appropriate under the circumstances, requirements for the Shares. The Memo including whether the Exchange should Commission will not grant accelerated will also reference the fact that there is approval at this time, the Commission file proposed rule change seeking no regulated source of last sale Commission approval prior to the will consider granting accelerated information regarding physical approval of the proposal at the close of inclusion of the new contract in the commodities and that the Commission Index. the abbreviated comment period of 15 has no jurisdiction over the trading of days from the date of publication of the physical commodities or the futures proposal in the Federal Register. 33 As a general matter, the Exchange has contracts on which the value of the regulatory jurisdiction over its member IV. Solicitation of Comments organizations and any person or entity controlling shares is based. a member organization. The Exchange also has 2. Statutory Basis Interested persons are invited to regulatory jurisdiction over a subsidiary or affiliate submit written data, views, and of a member organization that is in the securities The Exchange believes that the basis arguments concerning the foregoing, business. A member organization subsidiary or under the Act for this proposed rule affiliate that does business only in commodities including whether the proposed rule would not be subject to NYSE jurisdiction, but the change is the requirement under section change is consistent with the Act. Exchange could obtain certain information Comments may be submitted by any of regarding the activities of such subsidiary or 34 The applicable rules are: Rule 10a–1; Rule affiliate through reciprocal agreements with 200(g) of Regulation SHO; section 11(d)(1) and Rule the following methods: regulatory organizations of which such subsidiary 11d1–2; and Rules 101 and 102 of Regulation M or affiliate is a member. under the Act. 35 15 U.S.C. 78f(b)(5).

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Electronic Comments SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Use the Commission’s Internet Statutory Basis for, the Proposed Rule [Release No. 34–53670; File No. SR–Phlx– comment form (http://www.sec.gov/ Change rules/sro.shtml); or 2006–21] 1. Purpose • Send an e-mail to rule- Self-Regulatory Organizations; [email protected]. Please include File Philadelphia Stock Exchange, Inc.; Previously, the Exchange adopted a No. SR–NYSE–2006–17 on the subject Notice of Filing and Immediate cancellation fee of $1.10 per cancellation order to be assessed on line. Effectiveness of Proposed Rule Change Relating To Delaying member organizations for each 6 Paper Comments Implementation of Its Cancellation Fee cancelled AUTOM-delivered order in excess of the number of orders executed • Send paper comments in triplicate April 18, 2006. on the Exchange by that member to Nancy M. Morris, Secretary, Pursuant to Section 19(b)(1) of the organization in a given month.7 The Securities and Exchange Commission, Securities Exchange Act of 1934 cancellation fee was not to be assessed 100 F Street, NE., Washington, DC (‘‘Act’’) 1, and Rule 19b–4 thereunder,2 in a month in which fewer than 500 20549–1090. notice is hereby given that on March 31, AUTOM-delivered orders were All submissions should refer to File 2006, the Philadelphia Stock Exchange, cancelled. Simple cancels and cancel- Number SR–NYSE–2006–17. This file Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with replacement orders were the types of number should be included on the the Securities and Exchange orders that were to be counted when Commission (‘‘Commission’’) the subject line if e-mail is used. To help the calculating the number of AUTOM- proposed rule change as described in delivered orders.8 The objective of the Commission process and review your Items I, II, and III, below, which Items fee was to discourage excessive use of comments more efficiently, please use have been prepared by the Phlx. The cancellations.9 only one method. The Commission will Phlx has filed the proposed rule change Prior to implementing the post all comments on the Commission’s as one establishing or changing a due, cancellation fee, the Exchange analyzed Internet Web site (http://www.sec.gov/ fee, or other charge imposed by the Phlx data and then discussed with member rules/sro.shtml). Copies of the under Section 19(b)(3)(A)(ii) 3 and Rule organizations the potential effect of the submission, all subsequent 19b–4(f)(2) thereunder,4 which renders fee. However, it later came to the amendments, all written statements the proposal effective upon filing with attention of the Exchange that the data with respect to the proposed rule the Commission. The Commission is analyzed by the Exchange was change that are filed with the publishing this notice to solicit incomplete. Therefore, member Commission, and all written comments on the proposed rule change organizations, based on the Exchange’s communications relating to the from interested persons. analysis, did not believe it was proposed rule change between the I. Self-Regulatory Organization’s necessary to monitor the use of Commission and any person, other than Statement of the Terms of Substance of cancellation orders by any of their those that may be withheld from the the Proposed Rule Change respective customers. In actuality, the public in accordance with the assessment of the cancellation fee for The Exchange proposes to amend the provisions of 5 U.S.C. 552, will be some member organizations greatly effective date for the cancellation fee it exceeded the estimated amount that was available for inspection and copying in recently established 5 from January 2, the Commission’s Public Reference communicated to them. 2006 to May 1, 2006. The Exchange also At this time, the Exchange has Room. Copies of such filing also will be proposes to clarify that the cancellation available for inspection and copying at discussed with the affected member fee will not be assessed on any organizations the amount of the the principal office of the Exchange. All cancellation orders received prior to the cancellation fees that would have been comments received will be posted opening of trading. incurred based on revised and complete without change; the Commission does January and February 2006 data. not edit personal identifying II. Self-Regulatory Organization’s Statement of the Purpose of, and Therefore, the Exchange proposes to information from submissions. You Statutory Basis for, the Proposed Rule delay implementation of the should submit only information that Change cancellation fee until May 1, 2006 to you wish to make available publicly. All allow member organizations the In its filing with the Commission, the submissions should refer to File opportunity either to change behavior or Number SR–NYSE–2006–17 and should Phlx included statements concerning the purpose of and basis for the be submitted on or before May 9, 2006. 6 AUTOM is the Exchange’s electronic order proposed rule change and discussed any delivery, routing, execution and reporting system, For the Commission, by the Division of comments it received on the proposed which provides for the automatic entry and routing Market Regulation, pursuant to delegated rule change. The text of these statements of equity option and index option orders to the authority.36 may be examined at the places specified Exchange trading floor. See Exchange Rules Nancy M. Morris, 1014(b)(ii) and 1080. in Item IV below. The Phlx has prepared 7 See supra note 5. Secretary. summaries, set forth in Sections A, B, 8 A cancel-replacement order is a contingency [FR Doc. E6–6077 Filed 4–21–06; 8:45 am] and C below, of the most significant order consisting of two or more parts, which require aspects of such statements. the immediate cancellation of a previously received BILLING CODE 8010–01–P order prior to the replacement of a new order with new terms and conditions. If the previously placed 1 15 U.S.C. 78s(b)(1). order is already filled partially or in its entirety, the 2 17 CFR 240.19b–4. replacement order is automatically canceled or 3 15 U.S.C. 78s(b)(3)(A)(ii). reduced by such number. See Exchange Rule 4 17 CFR 240.19b–4(f)(2). 1066(c)(7). 5 See Securities Exchange Act Release No. 53226 9 The proposal did not cover orders delivered (February 3, 2006), 71 FR 7602 (February 13, 2006) through the Exchange’s Floor Broker Management 36 17 CFR 200.30–3(a)(12). (SR–Phlx–2005–92). System.

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to determine how to most effectively or otherwise in furtherance of the For the Commission, by the Division of deal with these charges. The Exchange purposes of the Act. Market Regulation, pursuant to delegated believes it is appropriate to delay authority.15 implementation of the cancellation fee IV. Solicitation of Comments Nancy M. Morris, due to the incomplete data that had Interested persons are invited to Secretary. been previously communicated to the submit written data, views, and [FR Doc. E6–6072 Filed 4–21–06; 8:45 am] 10 member organizations. In addition, arguments concerning the foregoing, BILLING CODE 8010–01–P the Exchange seeks to clarify that pre- including whether the proposed rule market cancellations are not included in change is consistent with the Act. the calculation of the cancellation fee Comments may be submitted by any of SOCIAL SECURITY ADMINISTRATION because this is not the type of behavior that the Exchange is trying to the following methods: Agency Information Collection discourage. No other changes are being Electronic Comments Activities: Proposed Request proposed in connection with the The Social Security Administration delayed assessment of the cancellation • Use the Commission’s Internet (SSA) publishes a list of information fee. comment form (http://www.sec.gov/ rules/sro.shtml); or collection packages that will require 2. Statutory Basis clearance by the Office of Management • Send an e-mail to rule- The Exchange believes that its and Budget (OMB) in compliance with [email protected]. Please include File Public Law 104–13, the Paperwork proposal to amend its schedule of fees Number SR–Phlx–2006–21 on the is consistent with Section 6(b) of the Reduction Act of 1995, effective October subject line. Act,11 in general, and furthers the 1, 1995. The information collection packages that may be included in this objectives of Section 6(b)(4) of the Act,12 Paper Comments in particular, in that it is an equitable notice are for new information • allocation of reasonable fees and other Send paper comments in triplicate collections, approval of existing charges among Exchange members. to Nancy M. Morris, Secretary, information collections, revisions to Securities and Exchange Commission, OMB-approved information collections, B. Self-Regulatory Organization’s 100 F Street, NE., Washington, DC and extensions (no change) of OMB- Statement on Burden on Competition 20549–1090. approved information collections. The Exchange does not believe that SSA is soliciting comments on the All submissions should refer to File accuracy of the agency’s burden the proposed rule change will impose Number SR–Phlx–2006–21. This file any burden on competition that is not estimate; the need for the information; number should be included on the its practical utility; ways to enhance its necessary or appropriate in furtherance subject line if e-mail is used. To help the of the purposes of the Act. quality, utility, and clarity; and on ways Commission process and review your to minimize burden on respondents, C. Self-Regulatory Organization’s comments more efficiently, please use including the use of automated Statement on Comments on the only one method. The Commission will collection techniques or other forms of Proposed Rule Change Received From post all comments on the Commission’s information technology. Written Members, Participants, or Others Internet Web site (http://www.sec.gov/ comments and recommendations No written comments were either rules/sro.shtml). Copies of the regarding the information collection(s) solicited or received. submission, all subsequent should be submitted to the SSA Reports amendments, all written statements Clearance Officer. The information can III. Date of Effectiveness of the with respect to the proposed rule be mailed and/or faxed to the addresses Proposed Rule Change and Timing for change that are filed with the and fax number listed below: Commission Action Commission, and all written (SSA) Social Security Administration, The foregoing proposed rule change communications relating to the DCFAM, Attn: Reports Clearance has been designated as a fee change proposed rule change between the Officer, 1338 Annex Building, 6401 Security Blvd., Baltimore, MD 21235, pursuant to Section 19(b)(3)(A)(ii) of the Commission and any person, other than Fax: 410–965–6400. Act 13 and Rule 19b–4(f)(2) 14 those that may be withheld from the thereunder. Accordingly, the proposal The information collection listed public in accordance with the below is pending at SSA and will be will take effect upon filing with the provisions of 5 U.S.C. 552, will be Commission. At any time within 60 submitted to OMB within 60 days from available for inspection and copying in the date of this notice. Therefore, your days of the filing of the proposed rule the Commission’s Public Reference change, the Commission may summarily comments should be submitted to SSA Room. Copies of the filing also will be within 60 days from the date of this abrogate such rule change if it appears available for inspection and copying at to the Commission that such action is publication. You can obtain a copy of the principal office of the Phlx. All necessary or appropriate in the public the collection instrument by calling the comments received will be posted interest, for the protection of investors, SSA Reports Clearance Officer at 410– without change; the Commission does 965–0454 or by writing to the address not edit personal identifying listed above. 10 The Exchange indicated that no rebates need to be processed. Although January and February information from submissions. You SSI Monthly Wage Reporting Phase 2 cancellation charges were billed on the February should submit only information that Pilot—20 CFR 416.701–732—0960– invoice, the Exchange separately discovered a you wish to make available publicly. All 0715. Supplemental Security Income billing issue and credited the amount of (SSI) recipients are required to report cancellation charges billed to member organizations submissions should refer to File while the billing issue was reviewed. Number SR–Phlx–2006–21 and should changes in their income, resources and 11 15 U.S.C. 78f(b). be submitted on or before May 15, 2006. living arrangements that may affect 12 15 U.S.C. 78f(b)(4). eligibility or payment amount. 13 15 U.S.C. 78s(b)(3)(A)(ii). 14 17 CFR 240.19b–4(f)(2). 15 17 CFR 200.30–3(a)(12).

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Currently, SSI recipients report changes DEPARTMENT OF STATE affiliation, address and telephone on Form SSA–8150, Reporting Events— number in order to arrange admittance. [Public Notice 5380] SSI, or to an SSA teleservice This includes admittance for representative through SSA’s toll-free Determination Related to the government employees as well as telephone number, or they visit their Participation of the Magen David Adom others. All attendees must use the ‘‘C’’ local Social Security office. Society of Israel in the Activities of the Street entrance, after being screened through the exterior screening facilities. The SSI wage reporting program area International Red Cross and Red Crescent Movement One of the following valid IDs will be has the highest error rate largely due to required for admittance: Any U.S. non-reporting, which accounts for Pursuant to the requirements driver’s license with photo, a passport, approximately $500 million in contained in the FY 2006 Foreign or a U.S. Government agency ID. overpayments each year. Consequently, Operations, Export Financing and Because an escort is required at all SSA is evaluating methods for Related Programs Appropriations Act times, attendees should expect to increasing reporting. SSA is conducting (Pub. L. 109–102), under the heading of remain in the meeting for the entire a pilot to test an additional method for Migration and Refugee Assistance, I morning or afternoon session. individuals to report wages for the SSI hereby determine that the Magen David Dated: April 19, 2006. program. We are testing to determine if, Adom Society of Israel is not being Judith L. Osborn, given an easily accessible automated denied participation in the activities of format, individuals will increase the International Red Cross and Red Attorney-Adviser, Office of United Nations Affairs, Office of the Legal Adviser, Executive compliance with reporting Crescent Movement. Director, Advisory Committee on responsibilities. Increased timely This Determination shall be published International Law, Department of State. reporting could result in a decrease in in the Federal Register and copies shall [FR Doc. 06–3902 Filed 4–21–06; 8:45 am] be provided to the appropriate improper payments. SSA will also be BILLING CODE 4710–08–P testing the use of knowledge-based committees of Congress. authentication to determine if this is an Dated: April 14, 2006. effective method of accessing SSA’s Condoleezza Rice, DEPARTMENT OF TRANSPORTATION system. Lastly, SSA will test recent Secretary of State, Department of State. system enhancements and additional [FR Doc. E6–6107 Filed 4–21–06; 8:45 am] Federal Aviation Administration systems enhancements expected in May BILLING CODE 4710–33–P 2006 that will make reporting easier. Agency Information Collection Activity Under OMB Review, Request for During the pilot, participants who DEPARTMENT OF STATE Comments; Renewal of an Approved need to report a change in earned Information Collection Activity, income will call an SSA toll-free [Public Notice 5378] Operating Requirements: Commuter telephone number to report the change. and On-Demand Operation The participants will access SSA’s Revised Notice of Meeting of the system using knowledge-based Advisory Committee on International AGENCY: Federal Aviation authentication (providing name, SSN Law Administration (FAA), DOT. and date of birth). Participants will A meeting of the Advisory Committee ACTION: Notice and request for either speak their report (voice on International Law will take place on comments. recognition technology) or key in the Friday, April 28, 2006, from 10 a.m. to SUMMARY: The FAA invites public information using the telephone key approximately 4 p.m., as necessary, in comments about our intention to request pad. SSA will issue receipts to Room 1105 of the United States the Office of Management and Budget’s participants who report wages using this Department of State, 2201 C Street, NW., (OMB) renewal of a current information method. Respondents to this collection Washington, DC. The meeting will be collection. The Federal Register Notices chaired by the Legal Adviser of the are SSI recipients, deemors and with a 60-day comment period soliciting Department of State, John B. Bellinger, representative payees of recipients who comments on the following collection of III, and will be open to the public up to agree to participate in the pilot. information was published on January the capacity of the meeting room. The Type of Request: Extension of OMB 18, 2006, volume 71, #11, page 2982. meeting will discuss various issues approval. Standards have been established for the relating to current international legal operation of agricultural aircraft and for Number of Respondents: 600. topics, including the law of armed the dispensing of chemicals, pesticides, conflict and human rights, immunity for Frequency of Response: 7. and toxic substances. Information visiting artworks, international criminal Average Burden Per Response: 5 collected shows applicant compliance accountability, and current issues minutes. and eligibility for certification by FAA. related to nuclear cooperation. Estimated Annual Burden: 350 hours. Entry to the building is controlled and DATES: Please submit comments by May 24, 2006. Dated: April 18, 2006. will be facilitated by advance FOR FURTHER INFORMATION CONTACT: Judy Elizabeth A. Davidson, arrangements. Members of the public desiring access to the session should, by Street on (202) 267–9895. Reports Clearance Officer, Social Security Tuesday, April 25, 2006, notify the SUPPLEMENTARY INFORMATION: Administration. Office of the Assistant Legal Adviser for [FR Doc. E6–6027 Filed 4–21–06; 8:45 am] United Nations Affairs (telephone: 202– Federal Aviation Administration (FAA) BILLING CODE 4191–02–P 647–2767) of their name, date of birth; Title: Operating Requirements: citizenship (country); ID number, i.e., Commuter and On-Demand Operation. U.S. government ID (agency), U.S. Type of Request: Revision of an military ID (branch), passport (country), approved collection. or drivers license (state); professional OMB Control Number: 2120–0039.

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Form(s): FAA Form 8070–1. Control Surfaces with Freeplay and procedures, provides guidance for Affected Public: A total of 2426 Other Nonlinear Features. managing freeplay over the airplane respondents. DATES: Send your comments on or service life, and provides a means of Frequency: The information is before May 25, 2006. finding compliance for control system collected on an as-needed basis. ADDRESSES: Address your comments to designs whose failure can result in a Estimated Average Burden Per the individual identified under FOR nonlinear aeroelastic configuration and Response: Approximately 30 minutes FURTHER INFORMATION CONTACT. limit cycle oscillation (LCO). This per response, depending on the activity. memorandum provides interim FOR FURTHER INFORMATION CONTACT: Estimated Annual burden Hours: an guidelines and standardized methods of Gerald Lakin, Federal Aviation estimated 1,147,928 hours annually. compliance that address the Administration, Transport Airplane Abstract: Title 49 U.S.C. 44702, inadequacies of current guidance, until Directorate, Transport Standards Staff, authorizes the issuance of air carrier the FAA revises the applicable guidance Standardization Branch, ANM–113, operating certificates. 14 CFR part 135 contained in AC 25.629–1A. 1601 Lind Avenue, SW., Renton, WA prescribes requirements for Air Carrier/ 98055–4056; telephone (425) 227–1187; Issued in Renton, Washington, on April 9, Commercial Operators. The information fax (425) 227–1320; e-mail: 2006. collected shows compliance and [email protected]. Ali Bahrami, applicant eligibility. SUPPLEMENTARY INFORMATION: Manager, Transport Airplane Directorate, ADDRESSES: Send comments to the Aircraft Certification Service. Office of Information and Regulatory Comments Invited [FR Doc. 06–3858 Filed 4–21–06; 8:45 am] Affairs, Office of management and The proposed memorandum is BILLING CODE 4910–13–M Budget, 725 17th Street, NW., available on the Internet at the following Washington, DC 20503, Attention FAA addresses: http://www.airweb.faa.gov/ Desk Officer. rgl, and http://www.faa.gov/aircraft/ DEPARTMENT OF TRANSPORTATION Comments are invited on: Whether draft_docs. If you do not have access to the proposed collection of information Maritime Administration the Internet, you can obtain a copy of is necessary for the proper performance the proposed memorandum by [Docket No: MARAD 2006–24149] of the functions of the Department, contacting the person listed under FOR including whether the information will FURTHER INFORMATION CONTACT. Availability of a Draft FONSI/FONPA have practical utility; the accuracy of The FAA invites your comments on the Department’s estimates of the AGENCY: Department of Transportation, this proposed memorandum. We will Maritime Administration. burden of the proposed information accept your comments, data, views, or ACTION: Notice of the Availability of a collection; ways to enhance the quality, arguments by letter, fax, or e-mail. Send draft Finding of No Significant Impact/ utility and clarity of the information to your comments to the person indicated Finding of No Practicable Alternative. be collected; and ways to minimize the in FOR FURTHER INFORMATION CONTACT. burden of the collection of information Mark your comments, ‘‘Comments to SUMMARY: on respondents, including the use of The purpose of this Notice is Policy Statement No. ANM–05–115– to make available to the public the draft automated collection techniques or 019.’’ other forms of information technology. Finding of No Significant Impact/ Use the following format when Finding of No Practicable Alternative Issued in Washington, DC, on April 18, preparing your comments: (FONSI/FONPA) for the Port of • 2006. Organize your comments issue-by- Anchorage Intermodal Expansion, North Judith D. Street, issue. End Runway Material Extraction and • FAA Information Collection Clearance For each issue, state what specific Transport Project (Project). Officer, Information Systems and Technology change you are requesting to the A draft Environmental Assessment Services Staff, ABA–20. proposed interim guidelines. (EA), dated March 2006, was prepared • [FR Doc. 06–3857 Filed 4–21–06; 8:45 am] Include justification, reasons, or that analyzed the potential impacts on BILLING CODE 4910–13–M data for each change you are requesting. the human and natural environment We also welcome comments in associated with the proposed material support of the proposed interim extraction activities at the North End DEPARTMENT OF TRANSPORTATION guidelines. Borrow Site and potential transportation We will consider all communications corridors located on Elmendorf Air Federal Aviation Administration received on or before the closing date Force Base (EAFB). A final EA and a for comments. We may change the [Policy Statement No. ANM–05–115–019] final FONSI/FONPA will be published proposed interim guidelines because of once comments have been properly Interim Guidelines for Certification and the comments received. addressed. This environmental Continued Airworthiness of Background documentation supports the proposed Unbalanced Control Surfaces With expansion of the Port of Anchorage This memorandum clarifies FAA Freeplay and Other Nonlinear Features (POA), which includes a variety of guidance on the design, certification, activities to enhance the transportation AGENCY: and continued airworthiness of control Federal Aviation of goods and people within the State of surfaces that rely on retention of Administration (FAA), DOT. Alaska. ACTION: restraint stiffness for flutter prevention. Notice of proposed interim DATES: Comments on this draft FONSI/ guidelines; request for comments. These control surfaces typically do not have added mass balance, but there are FONPA must be received by May 24, SUMMARY: The Federal Aviation some that are partially mass balanced 2006. Administration (FAA) announces the for which the guidelines would also ADDRESSES: You may submit comments availability of proposed Interim apply. This memorandum provides [identified by DOT DMS Docket Number Guidelines for Certification and acceptable means of establishing and MARAD–2006–24149] by any of the Continued Airworthiness of Unbalanced certifying freeplay limits and inspection following methods:

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• Web site: http://dms.dot.gov. By Order of the Maritime Administrator. Respondents: Business or other for- Follow the instructions for submitting Joel C. Richard, profit. comments on the DOT electronic docket Secretary, Maritime Administration. Estimated Total Burden Hours: 1,000 site. [FR Doc. E6–6038 Filed 4–21–06; 8:45 am] hours. • Mail: Docket Management Facility; BILLING CODE 4910–81–P OMB Number: 1545–1810. U.S. Department of Transportation, 400 Type of Review: Extension. 7th St., SW., Nassif Building, Room PL– Title: Credit for Small Employer 401, Washington, DC 20590–001. DEPARTMENT OF THE TREASURY Pension Plan Startup Costs. • Form: IRS F–8881. Hand Delivery: Room PL–401 on Submission for OMB Review; Description: Qualified small the plaza level of the Nassif Building, Comment Request employers use Form 8881 to request a 400 7th St., SW., Washington, DC, credit for start up costs related to between 9 a.m. and 5 p.m., Monday April 18, 2006. eligible retirement plans. Form 8881 through Friday, except Federal The Department of the Treasury has implements section 45E, which Holidays. submitted the following public provides a credit based on costs information collection requirement(s) to Instructions: All submissions must incurred by an employer in establishing OMB for review and clearance under the include the agency name and docket or administering an eligible employer Paperwork Reduction Act of 1995, number for this action. Note that all plan or for the retirement-related Public Law 104–13. Copies of the comments received will be posted education of employees with respect to submission(s) may be obtained by the plan. The credit is 50% of the without change to http://dms.dot.gov calling the Treasury Bureau Clearance including any personal information qualified costs for the tax year, up to a Officer listed. Comments regarding this maximum credit of $500 for the first tax provided. Please see the Privacy Act information collection should be heading below. year and each of the two subsequent tax addressed to the OMB reviewer listed years. Docket: For access to the docket to and to the Treasury Department Respondents: Business or other for- read background documents or Clearance Officer, Department of the profit. comments received, go to http:// Treasury, Room 11000, 1750 Estimated Total Burden Hours: dms.dot.gov at any time or to Room PL– Pennsylvania Avenue, NW., 526,670 hours. 401 on the plaza level of the Nassif Washington, DC 20220. OMB Number: 1545–1815. Building, 400 7th St., SW., Washington, Dates: Written comments should be Type of Review: Extension. DC, between 9 a.m. and 5 p.m., Monday received on or before May 24, 2006 to Title: Coverdell ESA Contribution through Friday, except Federal be assured of consideration. Information. Holidays. Internal Revenue Service (IRS) Form: IRS F–5498–ESA. Description: Form 5498–ESA is used OMB Number: 1545–0957. FOR FURTHER INFORMATION CONTACT: by trustees and issuers of Coverdell Type of Review: Extension. Daniel E. Yuska, Jr., Environmental Education Savings accounts to report Protection Specialist, Office of Title: Request for Waiver from Filling Information Returns Electronically/ contributions made to these accounts to Environmental Activities, U.S. Maritime beneficiaries. Administration, 400 Seventh Street, Magnetically (Forms W–2, W–2G, 1042– 1098 Series, 1099 Series, 5498 Series, Respondents: Business or other for- SW., Washington, DC 20590; telephone profit. (202) 366–0714, fax (202) 366–6988. and 8027. Form: IRS F–8508. Estimated Total Burden Hours: 18,000 SUPPLEMENTARY INFORMATION: An Description: Certain filers of hours. electronic version of this document and information returns are required by law OMB Number: 1545–1824. all documents entered into this docket to file on magnetic media. In some Type of Review: Extension. are available at http://dms.dot.gov. In instances, waivers from this Title: REG–139768–02 (Final) Excise addition, copies of the EA are available requirement are necessary and justified. Tax Relating to Structured Settlement for public viewing on the Port of Form 8508 is submitted by the filer and Factoring Transactions. Anchorage Web site provides information on which IRS will Description: The regulations provide (www.portofanchorage.org) or at the base its waiver determination. rules relating to the manner and method Loussac Library in Anchorage. Respondents: Business or other for- of reporting and paying the 40 percent profit; Not-for-profit institutions; Farms; excise tax imposed by section 5891 of Privacy Act Federal Government; State, Local or the Internal Revenue Code with respect Tribal Government. to acquiring of structured payment Anyone is able to search the Estimated Total Burden Hours: 750 rights. electronic form of all comments hours. Respondents: Individuals or received into any of our dockets by the OMB Number: 1545–1233. households and Business or other for- name of the individual submitting the Type of Review: Extension. profit. comment (or signing the comment, if Title: Adjusted Current Earnings (IA– Estimated Total Burden Hours: 2 submitted on behalf of an association, 14–91) (Final). hours. business, labor union, etc.). You may Description: This regulation affects OMB Number: 1545–1980. review DOT’s complete Privacy Act business and other for-profit Type of Review: Extension. Statement in the Federal Register institutions. This information is Title: Notice 2006–01, Charitable published on April 11, 2000 (Volume required by the IRS to ensure the proper Contributions of Certain Motor Vehicles, 65, Number 70; Pages 19477–78) or you application of section 1.56(g)–1 of the Boats and Airplanes. Reporting may visit http://dms.dot.gov. regulation. It will be used to verify that Requirements under 170(f)(12)(D). Authority: 49 CFR 1.66. taxpayers have properly elected the Description: Charitable organizations benefits of section 1.56(g)–1(r) of the are required to send an acknowledgment Dated: April 18, 2006. regulation. of car donations to the donor and to the

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Service. The purpose of this is to Form: PD F 3565. Debt, 200 Third Street, Parkersburg, prevent donors from taking Description: Used by heirs of West Virginia 26106. inappropriate deductions. deceased owners of Retirement Plan/ OMB Reviewer: Alexander T. Hunt, Respondents: Individuals or Indiv. Retirement Bonds to request (202) 395–7316. Office of Management households and Not-for-profit disposition. and Budget, Room 10235, New institutions. Respondents: Individuals or Executive Office Building, Washington, Estimated Total Burden Hours: 21,500 households. DC 20503. hours. Estimated Total Burden Hours: 17 Clearance Officer: Glenn P. Kirkland, hours. Michael A. Robinson, Treasury PRA Clearance Officer. (202) 622–3428. Internal Revenue OMB Number: 1535–055. Service, Room 6516, 1111 Constitution Type of Review: Extension. [FR Doc. E6–6085 Filed 4–21–06; 8:45 am] Avenue, NW., Washington, DC 20224. Title: Creditors request for payment of BILLING CODE 4810–39–P OMB Reviewer: Alexander T. Hunt, Treasury Securities belonging to a (202) 395–7316. Office of Management decedent’s estate being settled without DEPARTMENT OF THE TREASURY and Budget, Room 10235, New administration. Executive Office Building, Washington, Form: PD F 1050. DC 20503. Office of the Comptroller of the Description: Used to obtain creditor Currency Robert Dahl, consent to dispose of securities of a Treasury PRA Clearance Officer. deceased owner’s estate without Proposed Information Collection; [FR Doc. E6–6084 Filed 4–21–06; 8:45 am] administration. Comment Request Respondents: Business or other for- BILLING CODE 4830–01–P profit; Individuals or households. AGENCY: Office of the Comptroller of the Estimated Total Burden Hours: 150 Currency (OCC), Treasury. DEPARTMENT OF THE TREASURY hours. ACTION: Notice and request for comment. OMB Number: 1535–0084. SUMMARY: The OCC, as part of its Submission for OMB Review; Type of Review: Extension. continuing effort to reduce paperwork Comment Request Title: Order for Series I/EE U.S. and respondent burden, invites the Savings Bonds and Order for Series I/EE general public and other Federal April 18, 2006. U.S. Savings Bond in name of fiduciary. The Department of the Treasury has Form: PD F 5263, 5263–1, 5374 and agencies to take this opportunity to submitted the following public 5374–1. comment on a continuing information information collection requirement(s) to Description: Completed by the collection, as required by the Paperwork OMB for review and clearance under the purchaser to issue U.S. Savings Bonds. Reduction Act of 1995. Currently, the Paperwork Reduction Act of 1995, Respondents: Individuals or OCC is soliciting comment concerning Public Law 104–13. Copies of the households. its collection titled ‘‘Securities Offering submission(s) may be obtained by Estimated Total Burden Hours: Disclosure Rules—12 CFR Part 16’’. The calling the Treasury Bureau Clearance 830,000 hours. OCC is also giving notice that the Officer listed. Comments regarding this information collection has been OMB Number: 1535–0102. information collection should be submitted to OMB for review. Type of Review: Extension. addressed to the OMB reviewer listed Title: Supporting Statement of DATES: You should submit written and to the Treasury Department Ownership for Overdue United States comments by: May 24, 2006. Clearance Officer, Department of the Bearer Securities. ADDRESSES: You should direct all Treasury, Room 11000, 1750 Form: PD F 1071. written comments to the Pennsylvania Avenue, NW., Description: Used to establish Communications Division, Public Washington, DC 20220. ownership and support a request for Information Room, Mailstop 1–5, DATES: Written comments should be payment. Attention: 1557–0120, 250 E Street, received on or before May 24, 2006 to Respondents: Individuals or SW., Washington, DC 20219. In be assured of consideration. households and Business or other for- addition, comments may be sent by fax Bureau of Public Debt (PD) profit. to (202) 874–4448, or by electronic mail Estimated Total Burden Hours: 250 to [email protected]. You OMB Number: 1535–0012. hours. can inspect and photocopy the Type of Review: Extension. comments at the OCC’s Public Title: Request by Fiduciary for OMB Number: 1535–0126. Information Room, 250 E Street, SW., Reissue of United States Savings Bonds Type of Review: Extension. Washington, DC 20219. You can make Organizations. Title: Application for Issue of United Form: PD F 1455. States Mortgage Guaranty Insurance an appointment to inspect the Description: Used by fiduciary to Company Tax and Loss Bonds. comments by calling (202) 874–5043. request distribution of U.S. Savings Form: PD F 3871. Additionally, you should send a copy bonds to the person(s) entitled. Description: Submitted by companies of your comments to OCC Desk Officer, Respondents: Individuals or engaged in the business of writing 1557–0120, by mail to U.S. Office of households. mortgage guaranty insurance for Management and Budget, 725, 17th Estimated Total Burden Hours: 8,850 purpose of purchasing ‘‘Tax and Loss’’ Street, NW., #10235, Washington, DC hours. bonds. 20503, or by fax to (202) 395–6974. OMB Number: 1535–0032. Respondents: Business or other for- FOR FURTHER INFORMATION CONTACT: You Type of Review: Extension. profit. can request additional information or a Title: Application for disposition of Estimated Total Burden Hours: 20 copy of the collection from Mary Retirement Plan/Individual Retirement hours. Gottlieb or Camille Dickerson, (202) Bonds without Admin. of Deceased Clearance Officer: Vicki S. Thorpe, 874–5090, Legislative and Regulatory Owners Estate. (304) 480–8150. Bureau of the Public Activities Division, Office of the

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Comptroller of the Currency, 250 E • Section 16.6 requires a national Type of Review: Extension of a Street, SW., Washington, DC 20219. bank to file documents with the OCC currently approved collection. SUPPLEMENTARY INFORMATION: The OCC and to make certain disclosures to Affected Public: Businesses or other is requesting that OMB extend the purchasers in sales of nonconvertible for-profit. expiration date on the following debt. Comments submitted in response to information collection: • Section 16.7 provides exemptions this notice will be summarized and Title: Securities Offering Disclosure for certain nonpublic offerings, which, included in the request for OMB Rules—12 CFR Part 16. in turn, require certain filings. approval. All comments will become a • OMB Number: 1557–0120. Section 16.8 provides small issues matter of public record. Comments are Description: This submission covers exemptions, which, in turn, require invited on: an existing regulation and involves no certain filings. (a) Whether the collection of • change to the regulation or to the Section 16.15 requires a national information is necessary for the proper information collection requirements. bank to file a registration statement and performance of the functions of the The OCC requests only that OMB sets forth content requirements for the agency, including whether the approve its estimates, revised to more registration statement. information shall have practical utility; accurately reflect the number of reports • Section 16.20 requires a national (b) The accuracy of the agency’s filed and the hours required to complete bank to file current and periodic reports estimate of the burden of the collection such reports. as required by sections 13 and 15(d) of of information; (c) Ways to enhance the quality, The requirements in part 16 enable the Exchange Act and those provisions utility, and clarity of the information to the OCC to perform its responsibilities of the Sarbanes-Oxley Act that the OCC be collected; relating to offerings of securities by is authorized to enforce. In addition, the (d) Ways to minimize the burden of national banks by providing the OCC requires a national bank to give the collection on respondents, including investing public with facts about the notice to it when the bank’s duty to file through the use of automated collection condition of the bank, the reasons for public and periodic reports with the techniques or other forms of information raising new capital, and the terms of the OCC is suspended. This requirement technology; and offering. The public needs this reflects SEC Rule 15d6. (e) Estimates of capital or startup costs information to make an informed • Section 16.30 requires a national and costs of operation, maintenance, decision on whether such securities are bank to include certain elements and and purchase of services to provide an appropriate investment. follow certain procedures in any request information. • Section 16.3 requires a national to the OCC for a no-objection letter. bank to file its registration statement Estimated number of respondents: 81. Dated: April 18, 2006. with the OCC. Estimated number of responses: 191. Stuart Feldstein, • Section 16.5 provides exemptions Average hours per response: Varies. Assistant Director, Legislative & Regulatory for certain offers or sales of banks Estimated total burden hours: 5,333 Activities Division. securities, which, in turn, require hours. [FR Doc. E6–6031 Filed 4–21–06; 8:45 am] certain filings. Likely respondents: National banks. BILLING CODE 4810–33–P

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Reader Aids Federal Register Vol. 71, No. 78 Monday, April 24, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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 984...... 20902 1290...... 20353 Executive orders and proclamations 741–6000 Proclamations: 1496...... 17767 The United States Government Manual 741–6000 7992...... 16685 7993...... 16687 Other Services 8 CFR 7994...... 16689 Electronic and on-line services (voice) 741–6020 7995...... 16969 204...... 19805 Privacy Act Compilation 741–6064 7996...... 16971 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 7997...... 18157 103...... 20357 TTY for the deaf-and-hard-of-hearing 741–6086 7998...... 18159 299...... 20357 7999...... 18585 9 CFR ELECTRONIC RESEARCH 8000...... 18587 8001...... 19983 381...... 20867 World Wide Web 8002...... 20517 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 8003...... 20863 93...... 19134 is located at: http://www.gpoaccess.gov/nara/index.html 8004...... 20865 94...... 20030 Executive Orders: 317...... 20041 Federal Register information and research tools, including Public 13398...... 20519 381...... 20041 Inspection List, indexes, and links to GPO Access are located at: 390...... 17384 http://www.archives. gov/federallregister/ Administrative Orders; Memorandums: 442...... 20041 E-mail Memorandum of May 10 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 9, 2002 (Superseded 72...... 19806 an open e-mail service that provides subscribers with a digital by Memorandum of 110...... 19102, 20336 form of the Federal Register Table of Contents. The digital form April 17, 2006) ...... 20333 300...... 20784 of the Federal Register Table of Contents includes HTML and Memorandum of April PDF links to the full text of each document. 6, 2006 ...... 19427 Proposed Rules: Memorandum of April 72...... 19831 To join or leave, go to http://listserv.access.gpo.gov and select 17, 2006 ...... 20333 110...... 19135 Online mailing list archives, FEDREGTOC-L, Join or leave the list 626...... 20909 (or change settings); then follow the instructions. 5 CFR PENS (Public Law Electronic Notification Service) is an e-mail 213...... 18161 11 CFR service that notifies subscribers of recently enacted laws. 1216...... 17967 100...... 18589 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 110...... 18589 and select Join or leave the list (or change settings); then follow 875...... 19459 114...... 18589 the instructions. 6 CFR 12 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 5...... 20523 201...... 16991 respond to specific inquiries. Proposed Rules: 303...... 20524 Reference questions. Send questions and comments about the 5...... 16519 308...... 20524 Federal Register system to: [email protected] 312...... 20524 7 CFR The Federal Register staff cannot interpret specific documents or 336...... 20524 56...... 20288 regulations. 347...... 20524 319...... 19097 348...... 20524 330...... 16973 357...... 20524 FEDERAL REGISTER PAGES AND DATE, APRIL 905...... 16976 362...... 20524 16477–16690...... 3 916...... 17970 363...... 20524 16691–16972...... 4 917...... 17970 364...... 20524 922...... 16979 16973–17334...... 5 366...... 20524 923...... 17979 17335–17690...... 6 367...... 20524 930...... 16982 528...... 19810 17691–17966...... 7 982...... 18164 546...... 19810 17967–18160...... 10 985...... 16986 552...... 19810 18161–18588...... 11 1033...... 20335 561...... 19810 18589–19096...... 12 1412...... 17982 563...... 19810 19097–19426...... 13 1437...... 19805 563b...... 19810 19427–19620...... 14 1430...... 19621 563e...... 18614 19621–19804...... 17 Proposed Rules: 570...... 19810 19805–19982...... 18 28...... 20350 574...... 19810 19983–20334...... 19 58...... 20351 575...... 19810 20335–20516...... 20 205...... 19131 583...... 19810 20517–20862...... 21 301...... 16711 611...... 18168 20863–23854...... 24 330...... 20030 612...... 18168 868...... 18231 614...... 18168

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615...... 18168 17 CFR 4...... 16918 942...... 17682 618...... 18168 202...... 20340 5...... 16918 943...... 20602 619...... 18168 279...... 17344 6...... 16918 950...... 20604 620...... 18168 7...... 16918 Proposed Rules: 630...... 18168 8...... 16918 31 CFR 41...... 18030 Ch. XVII ...... 19985 9...... 16918 240...... 18030 500...... 17345 Proposed Rules: 10...... 16918 915...... 19832 18 CFR 11...... 16918 32 CFR 12...... 16918 64...... 19827 13 CFR 39...... 19814 13...... 16918 342...... 18411 578...... 17276 121...... 19812 16...... 16918 Proposed Rules: 706...... 17346, 17347 17...... 16918 2004...... 18007 14 CFR 1310...... 19460 18...... 16918 19...... 16918 23...... 17335 19 CFR 33 CFR 25 ...... 18169, 18183, 18192 20...... 16918 101...... 20005 21...... 16918 100 ...... 16488, 17703, 18213, 39 ...... 16477, 16691, 16992, 19431, 19646, 20011 16994, 17691, 17694, 17696, 122...... 20005 22...... 16918 Proposed Rules: 24...... 16918 117 ...... 16489, 16491, 16492, 17698, 17700, 17983, 18194, 17348, 17350, 18623, 19119, 18197, 18199, 18201, 18205, 24...... 20922 25...... 16918 111...... 20922 26...... 16918 20573 18207, 18210, 18618, 19104, 147...... 19431 19107, 19108, 19110, 19114, 27...... 16918 20 CFR 28...... 16918 165 ...... 19119, 19121, 19431, 19624, 19627, 19628, 19788, 19648, 19650, 20011, 20013 19986, 19994, 19998, 20001, 405...... 17990 29...... 16918 Proposed Rules: 20528, 20530, 20531 30...... 16918 21 CFR 100 ...... 16525, 18055, 19670, 71 ...... 16994, 16995, 16997, 31...... 16918 19672 16998, 18213, 19117, 19633, 510...... 17701 40...... 16918 117 ...... 16527, 16529, 17394, 19634, 19813, 19814, 20871, 520...... 17701, 19429 44...... 16918 17397, 19150, 20376 20872, 20873, 20874, 20875, 524...... 16481 45...... 16918 46...... 16918 165 ...... 16531, 18256, 19152, 20876 558...... 17702, 20533 53...... 16918 19460, 19462, 19465 97 ...... 16999, 17342, 19635, 610...... 20533 70...... 16918 19636 Proposed Rules: 71...... 16918 36 CFR 121...... 17000 201...... 18039 251...... 16614, 16622 Proposed Rules: 211...... 18039 28 CFR 878...... 17390 Proposed Rules: 23...... 20368 0...... 19826 25 ...... 18236, 19928, 20574 Ch. I ...... 16534 22 CFR Proposed Rules: 7...... 17777 39 ...... 16716, 16721, 16725, 540...... 16520 17033, 17035, 17037, 18237, 34...... 16481 1193...... 19839 18239, 18242, 18244, 18247, 62...... 16696 29 CFR 1194...... 19839 18249, 18251, 18253, 18686, 120...... 20534 121...... 20534 11...... 16664 37 CFR 19136, 19138, 19140, 19142, 500...... 16664 122...... 20534 Proposed Rules: 19144, 19661, 19662, 19663, 501...... 16664 123...... 20534 1...... 17399 19835, 20042, 20593, 20595, 516...... 16664 124...... 20534 20597, 20599, 20915, 20919 519...... 16664 125...... 20534 38 CFR 71 ...... 17039, 17385, 17386, 531...... 16664 126...... 20534 20...... 18008 17387, 17388, 17389, 18254, 536...... 16664 127...... 20534 19148, 20374 547...... 16664 128...... 20534 39 CFR 121 ...... 16678, 18255, 19928, 548...... 16664 129...... 20534 20574 549...... 16664 Proposed Rules: 130...... 20534 129...... 19928, 20574 550...... 16664 111...... 19840 382...... 19838 Proposed Rules: 552...... 16664 3001...... 20930 62...... 17768 570...... 16664 15 CFR 40 CFR 23 CFR 1910...... 16669 730...... 20876 1913...... 16669 18...... 16699 732...... 20876 1313...... 20555 1915...... 16669 51...... 17003, 17705 734...... 20876 1327...... 19823 1926...... 16669 52 ...... 18216, 18219, 18624, 738...... 20876 Proposed Rules: 2520...... 20820 18626, 19124, 19432 740...... 20876 634...... 20925 2550...... 20820 63 ...... 17352, 17712, 17720, 742...... 20876 635...... 19667 2578...... 20820 17729, 17738, 19126, 19435, 743...... 20876 773...... 17040 4022...... 19429 19652, 20446, 20895 746...... 20876 4044...... 19429 65...... 20446 748...... 20876 24 CFR 80...... 16492 750...... 20876 207...... 18152 30 CFR 81...... 17750 752...... 20876 3280...... 19638 28...... 16664 82...... 18219 762...... 20876 48...... 16664 93...... 17003 770...... 20876 25 CFR 50...... 16664 180 ...... 17009, 17014, 18628, 772...... 20876 517...... 20006 56...... 16664 18635, 18642, 19436, 19441 774...... 20876 57...... 16664 194...... 18010 902...... 17985 26 CFR 70...... 16664 260...... 16862 Proposed Rules: 1 ...... 17990, 18623, 19117 71...... 16664 261...... 16862 700...... 19666 602...... 17990 72...... 16664 264...... 16862 Proposed Rules: 75...... 16664 265...... 16862 16 CFR 1 ...... 18053, 19669, 20044, 77...... 16664 266...... 16862 Proposed Rules: 20376 90...... 16664 268...... 16862 305...... 18023 250...... 16859, 19640 270...... 16862 437...... 19054 27 CFR Proposed Rules: 271...... 16862, 19442 1214...... 18030 1...... 16918 205...... 17774 272...... 20341

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300...... 20016 413...... 18654 20060 571 ...... 17752, 18673, 20026 761...... 16703 420...... 20754 90...... 17786 Proposed Rules: 799...... 18650 424...... 20754 48 CFR 544...... 16541 Proposed Rules: 489...... 20754 571...... 20932 Ch. 1...... 20294, 20309 18...... 16728 498...... 20754 594...... 20061 2 ...... 20295, 20298, 20299 50...... 16534 Proposed Rules: 604...... 18056 51...... 16534, 17047 405...... 17052 5...... 20295, 20299 52 ...... 17050, 18258, 18689, 412...... 17052 7...... 20295, 20299 19155, 19467 422...... 17052 12...... 20301 50 CFR 60...... 17401 489...... 17052 14...... 20299 17 ...... 19244, 19452, 19954 63 ...... 19155, 19674, 20931 19 ...... 20303, 20304, 20309 223...... 17757, 19241 22...... 20301 80...... 16535 43 CFR 229...... 17358, 17360 25...... 20305, 20306 82...... 18259, 18262 5...... 19127 648...... 19348, 20900 37...... 20299 93...... 17047 10...... 16500 52 ...... 20299, 20301, 20303, 660...... 17985, 18227 180 ...... 18689, 20045, 20048 423...... 19790 20304, 20305, 20306, 20308 665...... 17985 260...... 19842 429...... 19790 212...... 18667 679 ...... 17362, 18021, 18230, 261...... 19842 18684, 19129, 19829, 20346 262...... 19842 44 CFR 222...... 18669 225...... 18671 Proposed Rules: 263...... 19842 64 ...... 16704, 16708, 19658 264...... 19842 229...... 18671 10...... 20168 Proposed Rules: 265...... 19842 232...... 18671 13...... 20168 67...... 16749 271 ...... 19470, 19471, 19842 252...... 18671 17 ...... 18456, 19157, 19158, 950...... 19829 20168, 20607, 20625, 20636, 278...... 16729 46 CFR 300...... 20052 Proposed Rules: 20637 721...... 18055 401...... 16501 225...... 18694, 18695 20...... 18562 745...... 17409 252...... 18695, 20061 23...... 20168 47 CFR 91...... 18697 41 CFR 63...... 18667 49 CFR 216...... 17790 102-39...... 20900 64...... 18667 234...... 19129 222...... 19675 73 ...... 17030, 17031, 17032 523...... 17566, 19449 223...... 19675, 20941 42 CFR Proposed Rules: 533...... 17566, 19449 229...... 20941 410...... 17021 1...... 17410 537...... 17566, 19449 622...... 17062 412...... 18654 73 ...... 18693, 18694, 20059, 541...... 20022 680...... 20378, 20966

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REMINDERS Bus emergency exits and Sea turtle conservation— Fuel and fuel additives—- The items in this list were window retention and Fishing activities Gasoline and diesel fuel editorially compiled as an aid release; published 8-12-05 modification; comments test methods; comments to Federal Register users. Rear impact guards and due by 5-2-06; due by 5-3-06; Inclusion or exclusion from rear impact protection; published 4-17-06 [FR published 4-3-06 [FR this list has no legal exclusions; published 2- E6-05686] 06-03133] significance. 23-06 Fishery conservation and Fuels and fuel additives— management: Gasoline and diesel fuel RULES GOING INTO COMMENTS DUE NEXT Alaska; fisheries of test methods; comments EFFECT APRIL 24, 2006 WEEK Exclusive Economic due by 5-3-06; Zone— published 4-3-06 [FR 06-03132] COMMERCE DEPARTMENT AGRICULTURE Bering Sea and Aleutian Industry and Security DEPARTMENT Islands king and tanner Air quality implementation crabs; comments due Bureau Agricultural Marketing plans: by 5-5-06; published 3- Export administration Service Preparation, adoption, regulations: 21-06 [FR 06-02705] Cotton classing, testing, and submittal— Caribbean, Gulf, and South Commerce Contol List— standards: Air emissions reporting Calculating computer Atlantic fisheries— Classification services to requirements; comments performance; new Gulf red grouper; growers; 2006 user fees; due by 5-3-06; formula implementation; comments due by 5-1- comments due by 5-5-06; published 1-3-06 [FR adjusted peak 06; published 3-31-06 published 4-20-06 [FR E6- 05-24614] performance in [FR E6-04748] 05940] Air quality implementation weighted TeraFLOPS; Northeastern United States plans; approval and Bulgaria; XP and MT National Dairy Promotion and fisheries— promulgation; various controls; published 4- Research Program: Northeast multispecies; States: 24-06 Regulatory Flexibility Act; comments due by 5-1- Iowa; comments due by 5- EDUCATION DEPARTMENT Section 610 review; 06; published 3-30-06 1-06; published 3-30-06 Civil rights: comments due by 5-1-06; [FR E6-04665] [FR 06-03032] Boy Scouts of America published 2-28-06 [FR 06- COMMERCE DEPARTMENT Equal Access Act; 01854] Maryland; comments due by Patent and Trademark Office 5-1-06; published 3-31-06 implementation; published AGRICULTURE [FR 06-03107] 3-24-06 DEPARTMENT Patent cases: Virginia; comments due by ENVIRONMENTAL Commodity Credit Continuing applications, 5-5-06; published 4-5-06 PROTECTION AGENCY Corporation continued examination practice requests, and [FR E6-04940] Air programs: Export programs: Fuels and fuel additives— applications containing Research and development: Commodities procurement California; reformulated patentably indistinct Environmental protection for foreign donation; Open gasoline oxygen content claims; comments due by research fellowships and for comments until further requirement removed; 5-3-06; published 1-3-06 special research notice; published 12-16-05 Non-oxygenated [FR 05-24528] consultants for [FR E5-07460] reformulated gasoline Patent applications; claims environmental protection; commingling prohibition AGRICULTURE examination; comments establishment; comments revised; published 2-22- DEPARTMENT due by 5-3-06; published due by 5-4-06; published 06 Food and Nutrition Service 1-3-06 [FR 05-24529] 4-4-06 [FR 06-03204] Reformulated gasoline Child nutrition programs: Practice and procedure: Solid waste: oxygen content School Breakfast Program— Trademark Trial and Appeal Granular mine tailings in requirement removed; Board rules; asphalt concrete and Non-oxygenated Severe need assistance; miscellaneous changes; Portland cement concrete reformulated gasoline comments due by 5-1- comments due by 5-4-06; in transportation commingling prohibition 06; published 11-2-05 published 3-27-06 [FR 06- construction projects; revised; published 2-22- [FR 05-21785] 02875] management criteria; 06 AGRICULTURE comments due by 5-4-06; Air quality implementation DEPARTMENT ENVIRONMENTAL published 4-4-06 [FR 06- plans; approval and PROTECTION AGENCY Rural Housing Service 03104] promulgation; various Direct single family housing Air pollution control; new HEALTH AND HUMAN States: loans and grants; comments motor vehicles and engines: SERVICES DEPARTMENT Maine; published 3-24-06 due by 5-5-06; published 3- Tier 2 motor vehicles; light- Texas; published 2-22-06 6-06 [FR 06-02072] duty diesel emissions; Food and Drug comments due by 5-1-06; Administration HOMELAND SECURITY COMMERCE DEPARTMENT DEPARTMENT published 3-30-06 [FR 06- Color additives: Economic Analysis Bureau Coast Guard 02979] Cochineal extract and Drawbridge operations: International services surveys: Air programs: carmine; declaration Florida; published 3-24-06 BE-577; direct investment Ambient air quality requirements; comments NATIONAL ARCHIVES AND abroad; transactions of standards, national— due by 5-1-06; published U.S. reporter with foreign RECORDS ADMINISTRATION General conformity; PM2.5 1-30-06 [FR E6-01104] affiliate; quarterly survey; National security classified de minimis emission Human drugs: comments due by 5-1-06; information; declassification; levels; comments due published 3-1-06 [FR 06- Prescription drug marketing; published 3-24-06 by 5-5-06; published 4- 01877] blood derivatives TRANSPORTATION 5-06 [FR 06-03310] distribution by registered DEPARTMENT COMMERCE DEPARTMENT General conformity; PM2.5 blood establishments National Highway Traffic National Oceanic and de minimis emission qualifying as health care Safety Administration Atmospheric Administration levels; comments due entities; comments due by Motor vehicle safety Endangered and threatened by 5-5-06; published 4- 5-2-06; published 2-1-06 standards: species: 5-06 [FR 06-03311] [FR E6-01225]

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HOMELAND SECURITY and Retaliation Act of 2002; BAE Systems (Operations) Update Service) on 202–741– DEPARTMENT implementation: Ltd.; comments due by 5- 6043. This list is also Coast Guard Title II reporting and best 1-06; published 4-5-06 available online at http:// Regattas and marine parades: practices requirements; [FR E6-04927] www.archives.gov/federal- register/laws.html. 2006 Rappahannock River comments due by 5-1-06; Boeing; comments due by Boaters Association published 3-31-06 [FR 06- 5-1-06; published 4-4-06 03166] [FR E6-04827] The text of laws is not Spring and Fall Radar published in the Federal Shootout; comments due POSTAL RATE COMMISSION Eurocopter France; Register but may be ordered by 5-3-06; published 4-3- Practice and procedure: comments due by 5-1-06; in ‘‘slip law’’ (individual 06 [FR E6-04788] Express Mail Second Day published 2-28-06 [FR E6- pamphlet) form from the Correction; comments due Service; classification 02759] Superintendent of Documents, by 5-3-06; published 4- change; comments due by Mitsubishi Heavy Industries; U.S. Government Printing 10-06 [FR E6-05208] 5-3-06; published 4-24-06 comments due by 5-2-06; Office, Washington, DC 20402 published 3-22-06 [FR E6- INTERIOR DEPARTMENT [FR E6-06104] (phone, 202–512–1808). The 04123] text will also be made Fish and Wildlife Service SOCIAL SECURITY ADMINISTRATION Rolls-Royce plc; comments available on the Internet from Endangered and threatened due by 5-1-06; published GPO Access at http:// Medicare subsidies: species: 3-1-06 [FR 06-01827] www.gpoaccess.gov/plaws/ Medicare Part B income- Critical habitat Sicma Areo Seat; comments index.html. Some laws may designations— related monthly not yet be available. adjustment amount; due by 5-1-06; published Canada lynx; contiguous comments due by 5-2-06; 3-1-06 [FR E6-02849] United States distinct H.R. 4979/P.L. 109–218 published 3-3-06 [FR 06- Airworthiness standards: population segment; Local Community Recovery 02075] Aircraft electrical and comments due by 4-30- Act of 2006 (Apr. 20, 2006; electronic systems; high- 06; published 2-16-06 Social security benefits and 120 Stat. 333) intensity radiated fields [FR 06-01443] supplemental security income: protection; comments due Last List April 17, 2006 INTERIOR DEPARTMENT Federal old age, survivors, by 5-2-06; published 2-1- National Park Service and disability insurance, 06 [FR 06-00895] National Park System: and aged, blind, and Aircraft engine standards for Public Laws Electronic Glacier Bay National Park, disabled— engine life-limited parts; Notification Service AK; vessel management; Optometrists acceptability comments due by 5-3-06; (PENS) comments due by 5-2-06; as medical sources for published 2-2-06 [FR 06- published 3-3-06 [FR 06- establishing medically 00950] 02000] determinable VOR Federal airways; PENS is a free electronic mail PERSONNEL MANAGEMENT impairments; comments comments due by 5-1-06; notification service of newly OFFICE due by 5-1-06; published 3-17-06 [FR E6- enacted public laws. To 03852] Notification and Federal published 3-1-06 [FR subscribe, go to http:// Employee Antidiscrimination E6-02852] listserv.gsa.gov/archives/ and Retaliation Act of 2002; TRANSPORTATION publaws-l.html DEPARTMENT LIST OF PUBLIC LAWS Title II implementation: Note: This service is strictly Reporting and best Federal Aviation This is a continuing list of for E-mail notification of new practices; comments due Administration public bills from the current laws. The text of laws is not by 5-1-06; published 1-25- Airworthiness directives: session of Congress which available through this service. 06 [FR E6-00933] Airbus; comments due by 5- have become Federal laws. It PENS cannot respond to Notification and Federal 4-06; published 4-4-06 may be used in conjunction specific inquiries sent to this Employee Antidiscrimination [FR E6-04825] with ‘‘PLUS’’ (Public Laws address.

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CFR CHECKLIST Title Stock Number Price Revision Date 900–End ...... (869–060–00038–1) ...... 50.00 Jan. 1, 2006 This checklist, prepared by the Office of the Federal Register, is 13 ...... (869–060–00039–9) ...... 55.00 Jan. 1, 2006 published weekly. It is arranged in the order of CFR titles, stock 14 Parts: numbers, prices, and revision dates. 1–59 ...... (869–060–00040–2) ...... 63.00 Jan. 1, 2006 An asterisk (*) precedes each entry that has been issued since last 60–139 ...... (869–060–00041–1) ...... 61.00 Jan. 1, 2006 week and which is now available for sale at the Government Printing 140–199 ...... (869–060–00042–9) ...... 30.00 Jan. 1, 2006 Office. 200–1199 ...... (869–060–00043–7) ...... 50.00 Jan. 1, 2006 A checklist of current CFR volumes comprising a complete CFR set, 1200–End ...... (869–060–00044–5) ...... 45.00 Jan. 1, 2006 also appears in the latest issue of the LSA (List of CFR Sections 15 Parts: Affected), which is revised monthly. 0–299 ...... (869–060–00045–3) ...... 40.00 Jan. 1, 2006 The CFR is available free on-line through the Government Printing 300–799 ...... (869–060–00046–1) ...... 60.00 Jan. 1, 2006 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 800–End ...... (869–060–00047–0) ...... 42.00 Jan. 1, 2006 index.html. For information about GPO Access call the GPO User 16 Parts: Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 0–999 ...... (869–060–00048–8) ...... 50.00 Jan. 1, 2006 The annual rate for subscription to all revised paper volumes is 1000–End ...... (869–060–00049–6) ...... 60.00 Jan. 1, 2006 $1195.00 domestic, $298.75 additional for foreign mailing. 17 Parts: Mail orders to the Superintendent of Documents, Attn: New Orders, 1–199 ...... (869–056–00051–1) ...... 50.00 Apr. 1, 2005 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 200–239 ...... (869–056–00052–9) ...... 58.00 Apr. 1, 2005 accompanied by remittance (check, money order, GPO Deposit 240–End ...... (869–056–00053–7) ...... 62.00 Apr. 1, 2005 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 18 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–399 ...... (869–056–00054–5) ...... 62.00 Apr. 1, 2005 charge orders to (202) 512-2250. 400–End ...... (869–056–00055–3) ...... 26.00 6Apr. 1, 2005 Title Stock Number Price Revision Date 19 Parts: 1–140 ...... (869–056–00056–1) ...... 61.00 Apr. 1, 2005 1 ...... (869–060–00001–4) ...... 5.00 4Jan. 1, 2006 141–199 ...... (869–056–00057–0) ...... 58.00 Apr. 1, 2005 2 ...... (869–060–00002–0) ...... 5.00 Jan. 1, 2006 200–End ...... (869–056–00058–8) ...... 31.00 Apr. 1, 2005 3 (2003 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–056–00059–6) ...... 50.00 Apr. 1, 2005 101) ...... (869–056–00003–1) ...... 35.00 1 Jan. 1, 2005 400–499 ...... (869–056–00060–0) ...... 64.00 Apr. 1, 2005 4 ...... (869–060–00004–6) ...... 10.00 Jan. 1, 2006 500–End ...... (869–056–00061–8) ...... 63.00 Apr. 1, 2005 5 Parts: 21 Parts: 1–699 ...... (869–060–00005–4) ...... 60.00 Jan. 1, 2006 1–99 ...... (869–056–00062–6) ...... 42.00 Apr. 1, 2005 700–1199 ...... (869–060–00006–2) ...... 50.00 Jan. 1, 2006 100–169 ...... (869–056–00063–4) ...... 49.00 Apr. 1, 2005 1200–End ...... (869–060–00007–1) ...... 61.00 Jan. 1, 2006 170–199 ...... (869–056–00064–2) ...... 50.00 Apr. 1, 2005 200–299 ...... (869–056–00065–1) ...... 17.00 Apr. 1, 2005 6 ...... (869–060–00008–9) ...... 10.50 Jan. 1, 2006 300–499 ...... (869–056–00066–9) ...... 31.00 Apr. 1, 2005 7 Parts: 500–599 ...... (869–056–00067–7) ...... 47.00 Apr. 1, 2005 1–26 ...... (869–060–00009–7) ...... 44.00 Jan. 1, 2006 600–799 ...... (869–056–00068–5) ...... 15.00 Apr. 1, 2005 27–52 ...... (869–060–00010–1) ...... 49.00 Jan. 1, 2006 800–1299 ...... (869–056–00069–3) ...... 58.00 Apr. 1, 2005 53–209 ...... (869–060–00011–9) ...... 37.00 Jan. 1, 2006 1300–End ...... (869–056–00070–7) ...... 24.00 Apr. 1, 2005 210–299 ...... (869–060–00012–7) ...... 62.00 Jan. 1, 2006 22 Parts: 300–399 ...... (869–060–00013–5) ...... 46.00 Jan. 1, 2006 1–299 ...... (869–056–00071–5) ...... 63.00 Apr. 1, 2005 400–699 ...... (869–060–00014–3) ...... 42.00 Jan. 1, 2006 300–End ...... (869–056–00072–3) ...... 45.00 Apr. 1, 2005 700–899 ...... (869–060–00015–1) ...... 43.00 Jan. 1, 2006 900–999 ...... (869–060–00016–0) ...... 60.00 Jan. 1, 2006 23 ...... (869–056–00073–1) ...... 45.00 Apr. 1, 2005 1000–1199 ...... (869–060–00017–8) ...... 22.00 Jan. 1, 2006 24 Parts: 1200–1599 ...... (869–060–00018–6) ...... 61.00 Jan. 1, 2006 0–199 ...... (869–056–00074–0) ...... 60.00 Apr. 1, 2005 1600–1899 ...... (869–060–00019–4) ...... 64.00 Jan. 1, 2006 200–499 ...... (869–056–00074–0) ...... 50.00 Apr. 1, 2005 1900–1939 ...... (869–060–00020–8) ...... 31.00 Jan. 1, 2006 500–699 ...... (869–056–00076–6) ...... 30.00 Apr. 1, 2005 1940–1949 ...... (869–060–00021–6) ...... 50.00 Jan. 1, 2006 700–1699 ...... (869–056–00077–4) ...... 61.00 Apr. 1, 2005 1950–1999 ...... (869–060–00022–4) ...... 46.00 Jan. 1, 2006 1700–End ...... (869–056–00078–2) ...... 30.00 Apr. 1, 2005 2000–End ...... (869–060–00023–2) ...... 50.00 Jan. 1, 2006 25 ...... (869–056–00079–1) ...... 63.00 Apr. 1, 2005 8 ...... (869–060–00024–1) ...... 63.00 Jan. 1, 2006 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–056–00080–4) ...... 49.00 Apr. 1, 2005 1–199 ...... (869–060–00025–9) ...... 61.00 Jan. 1, 2006 §§ 1.61–1.169 ...... (869–056–00081–2) ...... 63.00 Apr. 1, 2005 200–End ...... (869–060–00026–7) ...... 58.00 Jan. 1, 2006 §§ 1.170–1.300 ...... (869–056–00082–1) ...... 60.00 Apr. 1, 2005 10 Parts: §§ 1.301–1.400 ...... (869–056–00083–9) ...... 46.00 Apr. 1, 2005 1–50 ...... (869–060–00027–5) ...... 61.00 Jan. 1, 2006 §§ 1.401–1.440 ...... (869–056–00084–7) ...... 62.00 Apr. 1, 2005 51–199 ...... (869–060–00028–3) ...... 58.00 Jan. 1, 2006 §§ 1.441–1.500 ...... (869–056–00085–5) ...... 57.00 Apr. 1, 2005 200–499 ...... (869–060–00029–1) ...... 46.00 Jan. 1, 2006 §§ 1.501–1.640 ...... (869–056–00086–3) ...... 49.00 Apr. 1, 2005 500–End ...... (869–060–00030–5) ...... 62.00 Jan. 1, 2006 §§ 1.641–1.850 ...... (869–056–00087–1) ...... 60.00 Apr. 1, 2005 §§ 1.851–1.907 ...... (869–056–00088–0) ...... 61.00 Apr. 1, 2005 11 ...... (869–060–00031–3) 41.00 Jan. 1, 2006 §§ 1.908–1.1000 ...... (869–056–00089–8) ...... 60.00 Apr. 1, 2005 12 Parts: §§ 1.1001–1.1400 ...... (869–056–00090–1) ...... 61.00 Apr. 1, 2005 1–199 ...... (869–060–00032–1) ...... 34.00 Jan. 1, 2006 §§ 1.1401–1.1550 ...... (869–056–00091–0) ...... 55.00 Apr. 1, 2005 200–219 ...... (869–060–00033–0) ...... 37.00 Jan. 1, 2006 §§ 1.1551–End ...... (869–056–00092–8) ...... 55.00 Apr. 1, 2005 220–299 ...... (869–060–00034–8) ...... 61.00 Jan. 1, 2006 2–29 ...... (869–056–00093–6) ...... 60.00 Apr. 1, 2005 300–499 ...... (869–060–00035–6) ...... 47.00 Jan. 1, 2006 30–39 ...... (869–056–00094–4) ...... 41.00 Apr. 1, 2005 500–599 ...... (869–060–00036–4) ...... 39.00 Jan. 1, 2006 40–49 ...... (869–056–00095–2) ...... 28.00 Apr. 1, 2005 600–899 ...... (869–056–00037–5) ...... 56.00 Jan. 1, 2005 50–299 ...... (869–056–00096–1) ...... 41.00 Apr. 1, 2005

VerDate Aug 31 2005 19:47 Apr 21, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4721 Sfmt 4721 E:\FR\FM\24APCL.LOC 24APCL wwhite on PROD1PC61 with FRCL Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Reader Aids vii

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

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

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