12–18–06 Monday Vol. 71 No. 242 Dec. 18, 2006

Pages 75647–75850

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The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.archives.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register www.gpoaccess.gov/ nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. Eastern Time, Monday–Friday, except official holidays. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; or call toll free 1-866- 512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 71 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington DC 20402, along with the entire mailing label from the last issue received.

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Contents Federal Register Vol. 71, No. 242

Monday, December 18, 2006

Agriculture Department Air pollution control: See and Plant Health Inspection Service State operating permits programs— See Food Safety and Inspection Service New Hampshire, 75751–75752 NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities; proposals, Ecological Benefits Assessment Strategic Plan, 75752 submissions, and approvals, 75708 Animal and Plant Health Inspection Service Executive Office of the President RULES See Presidential Documents Plant-related quarantine, foreign: See Privacy and Civil Liberties Oversight Board Fruits and vegetables importation; list, 75649–75659 Federal Aviation Administration Centers for Disease Control and Prevention PROPOSED RULES NOTICES Airworthiness directives: Agency information collection activities; proposals, Microturbo Saphir, 75684–75686 submissions, and approvals, 75759–75760 Class E airspace, 75686–75687 NOTICES Coast Guard Airport noise compatibility program: RULES McClellan Palomar Airport, CA, 75800–75802 Ports and waterways safety; regulated navigation areas, Noise exposure maps— safety zones, security zones, etc.: Spirit of St. Louis Airport, MO, 75802–75803 Tacoma Narrows, WA, 75664–75669 Exemption petitions; summary and disposition, 75803 Commerce Department See International Trade Administration Federal Communications Commission See National Oceanic and Atmospheric Administration NOTICES Meetings; Sunshine Act, 75753–75754 Defense Department NOTICES Federal Deposit Insurance Corporation Arms sales notification; transmittal letter, etc., 75717–75747 RULES Meetings: Practice and procedure: Women in the Services Advisory Committee, 75747 Corporate debt collection procedures, 75659–75662 Education Department NOTICES Federal Energy Regulatory Commission Agency information collection activities; proposals, RULES submissions, and approvals, 75747–75748 Public Utility Regulatory Policies Act: Grants and cooperative agreements; availability, etc.: Small power production and cogeneration facilities Statewide longitudinal data systems, 75848–75850 Correction, 75662 NOTICES Energy Department Electric rate and corporate regulation combined filings, See Federal Energy Regulatory Commission 75748–75750

Environmental Protection Agency Federal Motor Carrier Safety Administration PROPOSED RULES NOTICES Air pollution; standards of performance for new stationary Agency information collection activities; proposals, sources: submissions, and approvals, 75804 Solid waste incineration units; Federal plan Grants and cooperative agreements; availability, etc.: requirements, 75816–75845 Commercial Motor Vehicle Operator Safety Training Air quality implementation plans; approval and Grant Opportunity, 75804–75805 promulgation; various States: Nevada, 75690–75694 Federal Trade Commission North Dakota, 75687–75690 Wisconsin, 75694–75703 NOTICES Toxic substances: Agency information collection activities; proposals, Hazardous substances priority list; chemical testing submissions, and approvals, 75754–75755 requirements, 75704–75705 Prohibited trade practices: Significant new uses— Johnson & Johnson and Pfizer Inc., 75756–75759 2,3,5,6-tetrachloro-2,5-cyclohexadiene-1,4-dione, 75703–75704 Food and Drug Administration NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 75750–75751 submissions, and approvals, 75760–75764

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Food Safety and Inspection Service PROPOSED RULES NOTICES Fishery conservation and management: Meetings: Atlantic coastal fisheries cooperative management— Codex Alimentarius Commission— American lobster, 75705–75707 Fats and Oils Codex Committee, 75708–75709 NOTICES Grants and cooperative agreements; availability, etc.: Health and Human Services Department National Estuarine Research Reserve System Social See Centers for Disease Control and Prevention Science Fellowships, 75712–75714 See Food and Drug Administration Meetings: Atlantic shark identification and protected species safe Homeland Security Department handling, release, and identification; workshops, See Coast Guard 75714–75716 See National Communications System Climate Change Science Program Product Development Committee for Synthesis and Assessment Product Interior Department 3.3, 75716–75717 See Land Management Bureau Reports and guidance documents; availability, etc.: See National Park Service U.S. Climate Change Science Program Synthesis and See Reclamation Bureau Assessment Product Prospectus, 75717

International Trade Administration National Park Service NOTICES NOTICES Antidumping: Environmental statements; availability, etc.: Cut-to-length carbon steel plate from— Golden Gate National Recreation Area, CA, 75768–75769 China, 75710–75711 Steel concrete reinforcing bars from— Turkey, 75711–75712 Nuclear Regulatory Commission Antidumping and countervailing duties: NOTICES Administrative review requests; correction, 75709–75710 Environmental statements; availability, etc.: Warner-Lambert, LLC, 75772–75774 Justice Department Reports and guidance documents; availability, etc.: See Justice Programs Office Inoperable control room air conditioning subsystems; model safety evaluation and model license Justice Programs Office amendment; comment request, 75774–75777 NOTICES Agency information collection activities; proposals, Personnel Management Office submissions, and approvals, 75770–75772 NOTICES Excepted service; positions placed or revoked, 75777–75779 Land Management Bureau NOTICES Pipeline and Hazardous Materials Safety Administration Committees; establishment, renewal, termination, etc.: RULES Sonoran Desert National Monument Advisory Council, Hazardous materials transportation: 75764–75765 Shippers; shipment and packaging requirements— Public land orders: Nonliquefied (permanent) compressed gases in Alaska, 75765–75766 specification cylinders; CFR correction, 75679 Realty actions; sales, leases, etc.: Nevada, 75766–75768 Presidential Documents National Communications System EXECUTIVE ORDERS NOTICES Volunteers for Prosperity; amendment to Executive Order Meetings: 13317 (EO 13418), 75647 National Security Telecommunications Advisory Committee, 75764 Privacy and Civil Liberties Oversight Board NOTICES National Highway Traffic Safety Administration Terrorism information and screening processes: NOTICES Aviation and other security screening; watch list errors Committees; establishment, renewal, termination, etc.: redress; comment request, 75752–75753 National Emergency Medical Services Advisory Council, 75805–75806 Meetings: Reclamation Bureau Human factors research necessary to support advanced NOTICES vehicle safety technologies; forum; correction, 75806 Environmental statements; notice of intent: New Melones Lake Project, CA; meetings, 75769–75770 National Oceanic and Atmospheric Administration RULES Research and Innovative Technology Administration Marine mammals: NOTICES Commercial fishing authorizations— Grants and cooperative agreements; availability, etc.: Atlantic Large Whale Take Reduction Plan, 75679– Intelligent Transportation Systems Operational Testing to 75683 Mitigate Congestion Program, 75806–75810

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Securities and Exchange Commission See Surface Transportation Board NOTICES Securities Exchange Act: Treasury Department Broker-dealers; financial statement requirements, 75779 See Thrift Supervision Office Self-regulatory organizations; proposed rule changes: NOTICES Boston Stock Exchange, Inc., 75780–75781 Agency information collection activities; proposals, Chicago Board Options Exchange, Inc., 75781–75788 submissions, and approvals, 75811–75812 National Association of Securities Dealers, Inc., 75788– 75790 Veterans Affairs Department New York Stock Exchange LLC, 75790–75798 RULES Philadelphia Stock Exchange, Inc., 75798–75800 Adjudication; pensions, compensation, dependency, etc.: Persian Gulf War veterans; compensation for disabilities Social Security Administration resulting from undiagnosed illnesses; presumptive NOTICES period extension, 75669–75672 Social security rulings and acquiescence rulings: Vocational rehabilitation and education: Bowen v. Galbreath; rescission, 75800 Montgomery GI Bill-Active Duty entitlement; transfer to dependents option, 75672–75679 State Department RULES Visas; nonimigrant documentation: Personal appearance waivers, 75662–75663 Separate Parts In This Issue

Surface Transportation Board Part II NOTICES Environmental Protection Agency, 75816–75845 Agency information collection activities; proposals, submissions, and approvals, 75811 Part III Education Department, 75848–75850 Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 75812–75813 Reader Aids Consult the Reader Aids section at the end of this issue for Transportation Department phone numbers, online resources, finding aids, reminders, See Federal Aviation Administration and notice of recently enacted public laws. See Federal Motor Carrier Safety Administration To subscribe to the Federal Register Table of Contents See National Highway Traffic Safety Administration LISTSERV electronic mailing list, go to http:// See Pipeline and Hazardous Materials Safety listserv.access.gpo.gov and select Online mailing list Administration archives, FEDREGTOC-L, Join or leave the list (or change See Research and Innovative Technology Administration settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 13317 (Amended by 13418) ...... 75647 7 CFR 319...... 75649 12 CFR 313...... 75659 14 CFR Proposed Rules: 39...... 75684 71...... 75686 18 CFR 292...... 75662 22 CFR 41...... 75662 33 CFR 165 (3 documents) ...... 75664, 75666, 75668 38 CFR 3...... 75669 21...... 75672 40 CFR Proposed Rules: 52 (3 documents) ...... 75687, 75690, 75694 62...... 75816 721...... 75703 799...... 75704 49 CFR 173...... 75679 50 CFR 229 (2 documents) ...... 75679, 75681 Proposed Rules: 697...... 75705

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Federal Register Presidential Documents Vol. 71, No. 242

Monday, December 18, 2006

Title 3— Executive Order 13418 of December 14, 2006

The President Amendment to Executive Order 13317, Volunteers for Pros- perity

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to add combating malaria as one of the objectives of the global prosperity agenda, it is hereby ordered that section 1(a) of Executive Order 13317 of September 25, 2003, is amended by: (a) striking ‘‘, and stemming the spread of HIV/AIDS.’’ and inserting in lieu thereof ‘‘, stemming the spread of HIV/AIDS and controlling malaria.’’; and (b) striking ‘‘, and the Middle East Partnership Initiative.’’ and inserting in lieu thereof ‘‘, the Middle East Partnership Initiative, and the President’s Malaria Initiative.’’.

THE WHITE HOUSE, December 14, 2006.

[FR Doc. 06–9770 Filed 12–15–06; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 71, No. 242

Monday, December 18, 2006

This section of the FEDERAL REGISTER Background commenter stated that the existence of contains regulatory documents having general canker should be based on applicability and legal effect, most of which The regulations in ‘‘Subpart-Fruits and Vegetables’’ (7 CFR 319.56 through periodic and systematic surveys and the are keyed to and codified in the Code of importation of citrus fruit from the Federal Regulations, which is published under 319.56–8, referred to below as the 50 titles pursuant to 44 U.S.C. 1510. regulations) prohibit or restrict the Bahamas ultimately should meet the importation of fruits and vegetables into same standards developed by the U.S. The Code of Federal Regulations is sold by the United States from certain parts of Department of Agriculture for the the Superintendent of Documents. Prices of the world to prevent the introduction movement of domestic fruit from new books are listed in the first FEDERAL and spread of plant pests that are new Florida. REGISTER issue of each week. to or not widely distributed within the The Bahamas is currently conducting United States. ongoing surveillance for citrus canker DEPARTMENT OF AGRICULTURE On December 22, 2005, we published and there have been no other reports of in the Federal Register (70 FR 75967– the disease. With regard to requiring Animal and Plant Health Inspection 75981, Docket No. 03–086–1) a Bahamian citrus to meet the same Service proposal 1 to amend the regulations by standards as domestic fruit moved from listing a number of fruits and vegetables Florida, we presume the commenter is 7 CFR Part 319 from certain parts of the world as referring to the restrictions on the eligible, under specified conditions, for interstate movement of citrus from areas quarantined for citrus canker. The [Docket No. 03–086–3] importation into the United States. We solicited comments on the proposed current domestic citrus canker rule for 60 days ending on February 21, regulations in 7 CFR part 301 allow fruit RIN 0579–AC23 2006. from citrus canker quarantined areas in Florida to move interstate provided they Importation of Fruits and Vegetables On March 3, 2006, we published in the Federal Register (71 FR 10924, are not destined for a commercial citrus- AGENCY: Animal and Plant Health Docket No. 03–086–2) a notice in which producing area. This rule will allow Inspection Service, USDA. we reopened the comment period for citrus from the Bahamas to enter the ACTION: Final rule. our proposed rule until March 10, 2006. United States only if it is grown in an We received 11 comments by that date. area where citrus canker does not exist. SUMMARY: We are amending the The comments were from Under those circumstances, we believe regulations to list a number of fruits and representatives of State and foreign it is unnecessary to limit the movement vegetables from certain parts of the governments, industry organizations, of Bahamian citrus fruit to non-citrus- world as eligible, under specified importers and exporters, distributors, producing States. conditions, for importation into the farmers, and individuals. Seven of these In our proposal, we proposed to United States. Some of the fruits and commenters wrote to support the amend § 319.56–2t by removing the vegetables are already eligible for proposed provisions regarding citrus common names provided for Cichorium importation under permit, but are not from New Zealand, and another spp. articles (e.g., endive, chicory, and specifically listed in the regulations. All commenter wrote to support the radicchio) from several Central and of the fruits and vegetables, as a proposed provisions regarding the South American countries and replacing condition of entry, will be inspected importation of tomatoes from Chile. The those common name entries with the and subject to treatment at the port of remaining commenters raised specific more general term ‘‘cichorium.’’ This first arrival as may be required by an issues which are discussed below. was proposed in order to make our inspector. In addition, some of the fruits General Comments regulations more clear and consistent and vegetables will be required to meet and to allow additional varieties of other special conditions. In one case, we In our proposal, we stated that citrus Cichorium entry from those countries. are adding a systems approach that will fruit from the Bahamas would be In our proposed regulatory text, we provide an alternative to methyl allowed importation into the United listed leaves, stems, and roots as the bromide fumigation. These actions will States provided that each shipment was enterable plant parts for cichorium from provide the United States with accompanied by a phytosanitary the listed Central and South American additional types and sources of fruits certificate stating that the fruit countries. One commenter stated that and vegetables while continuing to originated from an area of the Bahamas chicory root poses different pest protect against the introduction of that is free from citrus canker disease, problems than stems and leaves and quarantine pests through imported fruits Xanthomonas citri (Hasse) Dowson. We should be addressed separately. and vegetables. also stated that the island of Abaco is As stated in the proposed rule, we EFFECTIVE DATE: December 18, 2006. the only island in the Bahamas where citrus canker is known to exist. One prepared a pest risk assessment which FOR FURTHER INFORMATION CONTACT: Ms. examined the risks posed by roots, Donna L. West, Senior Import 1 To view the proposed rule and comments we stems, and leaves of all Cichorium spp. Specialist, Commodity Import Analysis received, go to http://www.regulations.gov, click on from Central America and South and Operations, PPQ, APHIS, 4700 the ‘‘Advanced Search’’ tab, and select ‘‘Docket America and found that no pests would River Road Unit 133, Riverdale, MD Search.’’ In the Docket ID field, enter APHIS–2005– 0107, then click on ‘‘Submit.’’ Clicking on the follow the pathway. Therefore, we 20737–1231; (301) 734–8758. Docket ID link in the search results page will believe that the general requirements SUPPLEMENTARY INFORMATION: produce a list of all documents in the docket. listed in § 319.56–6 are adequate for

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roots, stems, and leaves of Cichorium evaluated the risks of allowing subject to the restrictions set forth in spp. pineapple entry into the continental this final rule. We proposed to list eggplant from United States. As explained in our One commenter stated that the Belize, Costa Rica, and Honduras in proposal, we intended to correct that proposed mitigation measures for the § 319.56–2t as eligible for importation oversight by amending § 319.56–2t to leek should not apply to vacuum- into the United States, but only in limit their distribution to the packed Allium spp. because vacuum commercial shipments. One commenter continental United States. With regard packing is a mitigation measure itself. stated that the distinction we drew to apples, we have been allowing apples The commenter did not provide, nor between commercial and from South Africa entry under permit do we have, any research regarding the noncommercial shipments is not clear with a prescribed treatment, and we efficacy of vacuum packing as a and that the distinguishing were simply proposing to add them to mitigation measure for leek moth. characteristics mentioned in the § 319.56–2x to improve the transparency Therefore, we will not add an proposed rule (i.e., quantity of product, of our regulations. exemption for vacuum-packed Allium type of packaging, identification of spp. in this final rule. grower and packinghouse, and Leeks From Canada We proposed to amend § 319.56–2t consigning documents) are not enough One commenter stated that the allow grapes from Argentina to be to discourage determined shippers of proposed import restrictions for leeks imported into the United States if they substandard products. The commenter from Canada should apply only to are grown in a fruit-fly free area. For was concerned that distinguishing Quebec and Ontario, because they are grapes that are grown outside a fruit-fly between commercial and the only two Provinces where the leek free area, we also proposed to amend noncommercial shipments would not moth is known to exist. § 319.56–2x to add grapes from offer any broad ranging pest protection We would be willing to consider Argentina to the list of fruits and to the United States. limiting the applicability of our import vegetables that may be imported into the In addition to the distinction that we restrictions if the Canadian Food United States provided that they are treated in accordance with 7 CFR part drew between noncommercial and Inspection Agency submits to APHIS, 305. The regulations in part 305 commercial shipments in the proposed field surveys or other documentation prescribe cold treatment for fruit flies rule, noncommercial shipments can also that demonstrates that Quebec and and methyl bromide for other pests of refer to articles carried in passenger Ontario are the only areas within grapes from Argentina. The regulations baggage, while commercial shipments Canada where the leek moth exists and in part 305 also provide that irradiation refer to commodities that are imported describes the measures that are being may be substituted for other approved under the condition that specific used to prevent the spread of the pest treatments for any of the pests listed in phytosanitary measures were applied. within Canada. We continue to believe, based on the § 305.31(a). So, while part 305 does One commenter stated that considerations discussed in the allow irradiation to be substituted for ornamental Allium represent a proposed rule, that noncommercial the cold treatment and fumigation negligible host for the leek moth and shipments pose a greater risk of pest prescribed for grapes from Argentina, should not be subject to the proposed introduction because they were not one commenter appeared to believe that mitigation measures. subject to the same mitigation measures irradiation was the sole treatment we as commercial shipments and that the Ornamental Allium products are not were prescribing, which is not the case, criteria we apply in distinguishing covered under the fruits and vegetables and presented several questions about between commercial and regulations and therefore would not be irradiation. While we believe it would noncommercial shipments are effective. subject to the mitigation measures in be unlikely that irradiation would be One commenter was concerned that this rule. used for grapes from Argentina, a allowing pineapples and apples from One commenter stated that some summary of the commenter’s questions South Africa to be imported without Allium products are being produced in and our responses are presented below. treatment into the United States could Mexico, imported into Canada, and then The commenter asked specific result in the introduction of the oriental re-exported to the United States. The questions about research on how the red mite (Eutetranychus orientalis). The commenter stated that those products of quality of grapes was affected by commenter stated that oriental red mite non-Canadian origin should not be irradiation and whether or not such occurs in South Africa and is a serious impacted by the new regulations. research has been conducted over a time pest on more than 180 plants, both It would be difficult to determine if a period that approximates shipping time crops and ornamentals, many of which commodity had originated in Mexico if to match what the end consumer would are grown in Florida. it is re-exported from Canada because it find in stores. While oriental red mite occurs in would be unlikely that the original Those questions are commercial South Africa, our research indicates that packaging would be preserved. Further, considerations and are not relevant to neither pineapples nor apples are a it would be difficult to ensure and verify the regulatory process. As cautioned in preferred host of that pest. If the that there was no commingling between § 305.31(n) of the regulations, commenter has additional research that Allium spp. of Canadian and Mexican irradiation is approved to assure is contrary to this assertion, we invite origin. If the packaging of Allium quarantine security against listed pests, him to submit it. Further, pineapples products from Mexico (or another but the facility operator and shipper are and apples have both been authorized country eligible to export such products responsible for determination of for importation into the United States to the United States) remains intact and tolerance. from South Africa for several years, so the shipment is accompanied by a re- The commenter also asked about they were not being proposed for entry export certificate, then we would not whether we have conducted any for the first time. With regard to require a phytosanitary certificate for research on the efficacy of irradiation on pineapples, the regulations have the shipment. Under any other table grapes. indicated that pineapples from South circumstances, Allium spp. whole The required irradiation doses are Africa are approved for entry into all plants or above ground parts imported specific to plant pests, rather than the States, but our risk analysis only in the United States from Canada will be commodities they are associated with.

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Specific characteristics of the fruits or each shipper, and specific targeting importation of plants, plant products, vegetables being treated, which may activities based on continuing analysis and other articles to prevent the need to be considered in developing of pest conditions worldwide. introduction of plant pests into the other phytosanitary treatments, are The commenter asked if fruit flies do United States or the dissemination of irrelevant to the effectiveness of not die under irradiation but are plant pests within the United States. irradiation as long as the required rendered sterile, what is the protocol for We are amending the regulations to minimum dose is absorbed. determining whether the irradiation has list a number of fruits and vegetables The commenter also asked if there has been effective pre-shipment. from certain parts of the world as been any work done to determine the Irradiation is considered effective if eligible, under specified conditions, for cumulative risk factors of allowing fruit flies are killed or if they are rendered importation into the United States. and vegetables from multiple countries unable to reproduce or emerge from the Many of these fruits and vegetables are into the United States under various host as an adult. Based on research already being imported under permit, protocols and if so, what is the risk. conducted by the USDA’s Agricultural but are not specifically listed in the We receive requests to authorize the Research Service (ARS), we have regulations. All of the fruits and importation of specific fruits or determined the necessary irradiation vegetables, as a condition of entry, will vegetables from specific countries, so it doses, which vary from pest to pest, to be inspected and subject to treatment at is in that context (i.e., case-by-case, not achieve that result. We will ensure that the port of first arrival as may be cumulative) that we evaluate risks and the commodity received the prescribed required by an inspector. In addition, make decisions. dose through dosimetry systems at the we will require that some of the fruits The commenter asked if irradiation facility and certification of the and vegetables be treated or meet other would take place pre-shipment or post, treatment. special conditions. We are also under what conditions, and if USDA Therefore, for the reasons given in the eliminating or modifying existing would be approving irradiation facilities proposed rule and in this document, we treatment requirements for specified and inspecting the fruit. are adopting the proposed rule as a final commodities and making other As provided in § 305.31, irradiation rule, without change. miscellaneous changes. These actions may take place either in the United will improve the transparency of our States or outside of the United States Effective Date regulations while continuing to protect prior to shipment. In either case, the This is a substantive rule that relieves against the introduction of quarantine operator of an irradiation facility must restrictions and, pursuant to the pests through imported fruits and sign a compliance agreement with the provisions of 5 U.S.C. 553, may be made vegetables. Administrator and all irradiation effective less than 30 days after facilities must be certified by the publication in the Federal Register. Impact on Small Entities Administrator. When the treatment This rule relieves restrictions on the The Regulatory Flexibility Act occurs outside the United States, the importation of certain fruits and requires agencies to consider the plant protection organization of the vegetables from certain countries while economic impact of their regulations on country where irradiation is to take continuing to protect against the small entities and to use flexibility to place must enter into a facility introduction of plant pests into the provide regulatory relief when preclearance workplan and a framework United States. Immediate regulations create economic disparities equivalency work plan with APHIS. The implementation of this rule is necessary between differently sized entities. Data equivalency workplan is a document in to provide relief to those persons who on the number and size of U.S. which both APHIS and the foreign plant are adversely affected by restrictions we producers of the various commodities protection organizations specify the no longer find warranted. Making this addressed in this rule are not available. following information for their rule effective immediately will allow However, since most fruit and vegetable respective countries: interested producers, importers, farms are small by Small Business • Citations for any requirements that shippers, and others to benefit Administration standards, it is likely apply to the importation of irradiated immediately from the relieved that the majority of U.S. farms articles; restrictions. Therefore, the producing the commodities listed below • The type and amount of inspection, Administrator of the Animal and Plant are small entities. monitoring, or other activities that will Health Inspection Service has As previously stated, many of the be required in connection with allowing determined that this rule should be commodities listed in this document the importation of irradiated articles effective upon publication in the may currently enter the United States into that country; and Federal Register. under permit. Therefore, we do not • Any other conditions that must be expect the amount of many met to allow the importation of Executive Order 12866 and Regulatory commodities submitted for importation irradiated articles into that country. Flexibility Act to increase beyond current levels. The commenter asked what level of This rule has been reviewed under Additionally, in many cases, inspection would take place. Executive Order 12866. The rule has importation of certain commodities is There is no pre-set level of inspection been determined to be not significant for necessary given that the commodities for grapes or any other article. The level the purposes of Executive Order 12866 are not grown extensively in the United of inspection applied will vary from and, therefore, has not been reviewed by States (e.g., chicory, kiwis, and commodity to commodity and shipment the Office of Management and Budget. mangoes). In other instances, to shipment. Inspectors take into In accordance with 5 U.S.C. 604, we importation augments domestic account factors such as pest conditions have performed a final regulatory supplies that are not sufficient to meet in the exporting region, the types of flexibility analysis, which is set out consumer demand (e.g., apples, garlic, pests and past interceptions associated below, regarding the economic effects of and onions). with the article, whether and what type this rule on small entities. of treatment has been applied, the type Under the Plant Protection Act (7 Grapes and Cichorium From Argentina of packaging (bulk or loose), the bill of U.S.C. 7701 et seq.), the Secretary of Grapes from Argentina are already lading and number of containers by Agriculture is authorized to regulate the admissible under permit into the United

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States. The United States imports an onions and less than 15 percent of U.S. not likely result in any additional average of 490,000 tons of grapes (7 garlic production. This rule will add, as economic burden to tomato producers. percent of its domestic supply) per year a condition of entry, that each shipment In addition, registered producers who to satisfy its domestic demand for of alliaceous vegetables consisting of the remain in compliance with the program consumption.2 However, less than 1 whole plant or above ground parts be throughout the shipping season will percent of these imports originates in accompanied by a phytosanitary save money on costly fumigation Argentina. The growing season for certificate containing an additional treatments. Between 2000 and 2003, grapes in Argentina is opposite of that declaration from the Canadian NPPO 0.02 percent of U.S. annual imports of in the United States, thereby that the shipment is free of tomatoes originated in Chile.6 The total complementing rather than competing Acrolepiopsis assectella. We do not amount of tomatoes from Chile exported with U.S. grape production. Therefore, expect exporters to incur any additional to the world between 2000 and 2003 (all even if we assume that Argentina greatly expenses as a result of this requirement. varieties) was on average only 2,209 increases its exports of grapes to the Therefore, U.S. importers/consumers of tons or 0.38 percent of U.S. imports. United States, it is more likely to these commodities will not see an This is Chile’s maximum capacity of displace other countries’ share of U.S. increase in the cost of alliaceous tomato exports and is not expected to imports than to affect the level of U.S. vegetables from Canada. Even if increase in the short term. This small consumption of domestic grapes. The exporters of alliaceous vegetables from amount of imports, whether grown economic impact on the level of U.S. Canada were to experience an increase under the systems approach or treated grape consumption and production in exporting cost because of the with methyl bromide, is unlikely to resulting from this change is expected to phytosanitary requirement and pass this affect the level of U.S. consumption of be small. on to U.S. importers/consumers, the domestic tomatoes. The economic With respect to cichorium, no official benefits of keeping the leek moth out of impact resulting from this change is not production data are available in either the United States would outweigh such expected to be substantial. the United States or Argentina. an increase in cost. As a result, the With respect to cichorium, there are Therefore, we assume that both the economic impact on the U.S. level of no available data on U.S. or Chilean United States and Argentina are small demand for consumption and/or production. The United States imports commercial producers of cichorium. production of alliaceous vegetables is approximately 6,000 tons of cichorium Between 2000 and 2003, U.S. imports of not expected to be significant. per year. Cichorium is already being fresh cichorium averaged 3.8 thousand Cichorium, , and Tomatoes imported from Chile under permit, and tons of a non-witloof variety and 2.5 (Under a Systems Approach) From Chile is a major source of U.S. thousand tons of a witloof variety; none Chile cichorium imports, accounting for of these imports originated in approximately 32 percent on average. Argentina.3 Between 2000 and 2003, Lemons from Chile are already being Because the United States is such a Argentina’s exports of cichorium to the imported into the United States under small producer of cichorium, it is world as a whole averaged 7 metric tons permit; between 2000 and 2003, 4 unlikely that this rule will significantly annually. Even if all of these exports percent of annual U.S. imports of 5 alter this situation. In fact, the addition were directed to the United States, they lemons and limes originated in Chile. of cichorium into the U.S. market from We have no reason to expect that listing would only represent 0.11 percent of other countries such as Chile will be a lemons from Chile in the regulations U.S. demand for imported cichorium. benefit to U.S. consumers. The will result in an increase in exports. The economic impact resulting from economic impact on the level of U.S. Even if we assume that Chile increases this change is not expected to be consumption of cichorium, lemons, and its exports of lemons into the United substantial. tomatoes as a result of these changes is States, it is more likely to displace other expected to be small. Allium spp. From Canada countries’ share for U.S. imports of them Alliaceous vegetables (i.e., onions, than to affect the level of U.S. New Zealand Spinach From Israel shallots, leeks, and garlic) from Canada consumption of domestic lemons. The According to USDA’s Foreign can be imported into the United States economic impact resulting from this Agricultural Service (FAS), in 2000, the under the general permit in § 319.56– change is not expected to be substantial. United States imported 1.5 metric tons Tomatoes from Chile are already 2(c) for articles from Canada. Between of New Zealand spinach from Israel being imported into the United States if 2000 and 2003, Canada supplied 19 (0.02 percent of U.S. imports of New fumigated with methyl bromide. This percent of annual U.S. imports of Zealand spinach in 2000). However, rule will provide tomato producers with shallots and onions, 3 percent of U.S. APHIS’ Plant Protection and Quarantine an alternative to methyl bromide imports of leeks, and 0.62 percent of (PPQ) program has no record of these fumigation by providing for a systems U.S. imports of garlic on average.4 U.S. imports and New Zealand spinach from approach. APHIS continues to strive to imports amount to less than 10 percent Israel has not been admissible into the meet the objectives of the Montreal of U.S. production of shallots and United States.7 Israel is a small Protocol by providing alternatives to methyl bromide fumigation treatment 2 FAOSTAT for production data. USDA/FAS 6 Source of Production Data: http://apps.fao.org/ Global Agricultural Trade System using data from for fruit and vegetable producers. As faostat/agriculture/. Source of Trade Data: USDA/ the U.N. Statistical Office. Trade Data: Harmonized registered producers in Chile already FAS Global Agricultural Trade System using data Tariff Schedule for trade data. comply with most of the production from the U.N. Statistical Office. Harmonized Tariff 3 FAOSTAT for production data. USDA/FAS practices that will be required under the Schedule 6 digits. Global Agricultural Trade System using data from 7 The United States imported spinach from Israel the U.N. Statistical Office. Trade Data: Harmonized systems approach, the requirements will for the first time in year 2000, but did not import Tariff Schedule (HS: 070529 non-witloof variety of any Israeli spinach in 2001, 2002, or 2003. Source: chicory, and 070521 fresh chicory of witloof 5 Source of Production Data: http://apps.fao.org/ U.N. Trade Statistics, FAS Global Agricultural variety). faostat/agriculture/. Production data for lemons Trade System using data from the U.N. Statistical 4 FAOSTAT for production data. USDA/FAS include limes. Source of Trade Data: USDA/FAS Office. Trade Data: Harmonized Tariff Schedule (HS Global Agricultural Trade System using data from Global Agricultural Trade System using data from 6 Digit— 070970) spinach fresh or chilled. Source the U.N. Statistical Office. Trade Data: Harmonized the U.N. Statistical Office. Harmonized Tariff of production data: http://apps.fao.org/faostat/ Tariff Schedule for trade data. Schedule 6 digits. agriculture/.

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producer of spinach (all varieties), Philippines.10 Because the Philippines Summary producing, on average, an amount is a significant producer of mangoes, equivalent to a quarter of total U.S. allowing mangoes to be imported into U.S. importation of the commodities spinach imports annually. The amount Hawaii and Guam from additional included in this rule is not expected to imported in 2000 corresponds to 50 production areas in the Philippines have a significant economic impact on percent of Israel’s exports. Even if we could result in mango exports from the U.S. small entities. The different assume that Israel will double its Philippines capturing a larger share of production season of the Southern exports into the United States, it could those two markets. U.S. mango Hemisphere, where many of the fruits not supply more than 0.04 percent of production is less than 1 percent of the and vegetables included in this rule are U.S. demand for imports of spinach. amount the United States needs to produced, helps maintain a steady The economic effects of this change on satisfy its domestic consumption. supply of fresh produce, complementing the level of U.S. consumption and/or Between 2001 and 2002, the United rather than competing with U.S. production of spinach are not expected States imported approximately 100 production of these commodities. For to be significant. times the amount of its domestic mango those commodities that are not principal production, with most imports coming U.S. products, the additional supply Kiwi From Italy from Mexico. Thus, allowing imports will help satisfy growing demand for these specialty crops. For these reasons, Kiwi fruits from Italy can already be from more islands in the Philippines would be a benefit to U.S. consumers in we believe that any costs due to imported into the United States under increased competition that may be permit. The United States is a small Guam and Hawaii. The economic impact of this change on the level of incurred by domestic entities will be kiwi producer that imports almost twice U.S. consumption or its domestic minimal, and that those minimal costs as much as it produces to satisfy its production of mangoes is not expected will be outweighed by the benefits domestic demand.8 Italy supplies to be significant. associated with this rule, which include approximately 16 percent of U.S. improving the transparency of our imported kiwi fruits, and it is unlikely Apples and Grapes From South Africa regulations and providing the United that this will change as a result of this States with additional types and sources rule. Even if Italy increased its exports Apples and grapes from South Africa can already be imported into the United of fruits and vegetables while of kiwi to the United States, it would continuing to protect against the most likely displace another countries’ States under permit. South Africa supplies 3 percent of U.S. imports of introduction of quarantine pests through share because the United States is such imported fruits and vegetables. a small producer of kiwi. The economic apples and a little less than 2 percent of 11 impact resulting from this change on the U.S. imports of grapes. With respect to This rule contains various level of U.S. consumption is not grapes, South African exports alone recordkeeping requirements, which expected to be substantial. cannot satisfy U.S. demand for domestic were described in our proposed rule, consumption. Even if South Africa and which have been approved by the Citrus From New Zealand directs all of its exports of grapes Office of Management and Budget (see (880,590 tons) into the United States, it ‘‘Paperwork Reduction Act’’ below). Although FAS statistics indicate that would be only enough to supply 22 between 2001 and 2003, New Zealand percent of U.S. annual demand. The Executive Order 12372 supplied, on average, 0.006 percent of economic impact of this change on the 9 This program/activity is listed in the U.S. imports of oranges and lemons, level of U.S. consumption and/or Catalog of Federal Domestic Assistance APHIS’ PPQ has no records of these domestic production of apples and/or under No. 10.025 and is subject to imports and citrus fruit from New grapes is not expected to be significant. Zealand has not been admissible into Executive Order 12372, which requires the United States. New Zealand is a Cichorium From Central and South intergovernmental consultation with small producer/exporter of citrus, and America State and local officials. (See 7 CFR part the country’s exports were equivalent to 3015, subpart V.) There are no official data available for less than 1 percent of U.S. imports of cichorium, either on production or Executive Order 12988 citrus on average. Its total citrus trade, in the following countries: production is less than 8 percent of U.S. Bolivia, Brazil, Colombia, Costa Rica, This final rule allows certain fruits imports of citrus as a whole. Because Ecuador, El Salvador, French Guiana, and vegetables to be imported into the the United States will import such a Guyana, Honduras, Nicaragua, Panama, United States from certain parts of the small percentage of New Zealand citrus, Paraguay, Peru, Suriname, Uruguay, and world. State and local laws and even if we assume that New Zealand Venezuela. Thus, we assume that these regulations regarding the importation of greatly increases its exports to the countries are very small producers of fruits and vegetables under this rule will United States, it is unlikely to have a cichorium and that they are either not be preempted while the fruit is in substantial economic impact. currently exporting cichorium or are foreign commerce. Fresh fruits and Mangoes From the Philippines exporting only small amounts. For these vegetables are generally imported for reasons, we cannot determine what the immediate distribution and sale to the The United States currently imports a economic effects of this rule will be, but consuming public, and remain in very small amount of mangoes (18 tons they are not expected to be significant. foreign commerce until sold to the per year on average) from the ultimate consumer. The question of 10 Trade Data: Harmonized Tariff Schedule (HS 6 when foreign commerce ceases in other 8 Source: U.N. Trade Statistics, FAS Global Digit). Source of production data: http:// cases must be addressed on a case-by- Agricultural Trade System using data from the U.N. apps.fao.org/faostat/agriculture/. case basis. No retroactive effect will be Statistical Office. 11 Source: U.N. Trade Statistics, FAS Global given to this rule, and this rule will not 9 Total citrus trade data here includes the Agricultural Trade System using data from the U.N. require administrative proceedings following categories of fruits: Oranges (HS–6: Statistical Office. Trade Data: Harmonized Tariff 080510), mandarins (HS–6: 080520), lemons (HS–6: Schedule (HS 6 Digit). Source of production data: before parties may file suit in court 080530), and grapefruits (HS–6: 080540). http://apps.fao.org/faostat/agriculture/. challenging this rule.

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Paperwork Reduction Act established by a government to Nicaragua, for loroco and rambutan; In accordance with the Paperwork discharge the functions specified by the under Panama, for eggplant and Reduction Act of 1995 (44 U.S.C. 3501 International Plant Protection rambutan; under Peru, for Swiss chard; et seq.), the information collection or Convention. under Sierra Leone, for cassava; and recordkeeping requirements included in * * * * * under South Africa, for pineapple. this rule have been approved by the I 3. In § 319.56–2, paragraph (c) and the I ii. Removing the following entries: Office of Management and Budget OMB citation at the end of the section Under Argentina, for endive; under (OMB) under OMB control number are revised to read as follows: Bolivia, for Belgian endive; under 0579–0280. Ecuador, for radicchio; under Honduras, § 319.56–2 Restrictions on entry of fruits for chicory; under Nicaragua, for E-Government Act Compliance and vegetables. radicchio; under Panama, for Belgian The Animal and Plant Health * * * * * endive, chicory, and endive; under Inspection Service is committed to (c) General permit for fruits and Peru, for radicchio; and under Republic compliance with the E-Government Act vegetables grown in Canada. Fruits and of Korea, for chard. to promote the use of the Internet and vegetables grown in Canada may be I iii. Adding, in alphabetical order, the other information technologies, to imported into the United States without following entries to read as set forth provide increased opportunities for restriction under this subpart; provided, below: Under Argentina, for cichorium citizen access to Government that: and grape; under Belize, for cichorium information and services, and for other (1) Consignments of Allium spp. and eggplant; under Bolivia, for purposes. For information pertinent to consisting of the whole plant or above cichorium; under Chile, for cichorium; E-Government Act compliance related ground parts must be accompanied by a under Colombia, for cichorium; under to this rule, please contact Mrs. Celeste phytosanitary certificate issued by the Costa Rica, for cichorium and eggplant; Sickles, APHIS’ Information Collection NPPO of Canada with an additional under Ecuador, for cichorium; under El Coordinator, at (301) 734–7477. declaration stating that the articles are Salvador, for cichorium; under French free from Acrolepipsis assectella List of Subjects in 7 CFR Part 319 Guinea, for cichorium; under (Zeller). Guatemala, for cichorium; under Coffee, Cotton, Fruits, Imports, Logs, (2) Potatoes from Newfoundland and Honduras, for cichorium and eggplant; Nursery stock, Plant diseases and pests, that portion of the Municipality of under Israel, for New Zealand spinach; Quarantine, Reporting and Central Saanich in the Province of under New Zealand, for citrus; under recordkeeping requirements, Rice, British Columbia east of the West Nicaragua, for cichorium; under Vegetables. Saanich Road are prohibited Panama, for cichorium; under Peru, for I Accordingly, we are amending 7 CFR importation into the United States in cichorium; under Republic of Korea, for part 319 as follows: accordance with § 319.37–2 of this part. Swiss chard; and under Suriname, for * * * * * cichorium. PART 319—FOREIGN QUARANTINE (Approved by the Office of Management I iv. Adding entries for Bahamas, NOTICES and Budget under control numbers Brazil, French Guiana, Guyana, I 1. The authority citation for part 319 0579–0049 and 0579–0280) Paraguay, Uruguay, and Venezuela to continues to read as follows: I 4. Section 319.56–2t is amended as read as set forth below. Authority: 7 U.S.C. 450, 7701–7772, and follows: I b. In paragraph (b), by adding new 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR I a. In the table in paragraph (a), by: paragraphs (b)(2)(v), (b)(5)(vi), 2.22, 2.80, and 371.3. I i. Revising the following entries to (b)(5)(vii), and (b)(6)(v) to read as set I 2. Section 319.56–1 is amended by read as set forth below: Under Belize, forth below. adding, in alphabetical order, a for rambutan; under Bermuda, for I c. By revising the OMB citation at the definition for national plant protection longan; under Costa Rica, for rambutan; end of the section to read as set forth organization (NPPO) to read as follows: under El Salvador, for loroco and below. rambutan; under Grenada, for litchi and § 319.56–1 Definitions. rambutan; under Guatemala, for § 319.56–2t Administrative instructions: * * * * * eggplant and rambutan; under Conditions governing the entry of certain National plant protection Honduras, for rambutan; under Mexico, fruits and vegetables. organization (NPPO). Official service for banana and rambutan; under (a) * * *

Additional restriction(s) Country/locality Common name Botanical name Plant part(s) (see paragraph (b) of this section)

Argentina

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Grape ...... Vitis spp ...... Fruit ...... (b)(1)(ii).

******* Bahamas ...... Citrus ...... Citrus spp ...... Fruit ...... (b)(5)(vi), (b)(6)(v).

******* Belize

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Additional restriction(s) Country/locality Common name Botanical name Plant part(s) (see paragraph (b) of this section)

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3).

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Bermuda

******* Longan ...... Dimocarpus longan ...... Fruit or cluster.

******* Bolivia ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots. Brazil ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots. Chile

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Colombia ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Costa Rica

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3).

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Ecuador

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* El Salvador

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Loroco ...... Fernaldia spp ...... Flower and leaf.

******* Rambutan ...... Nephelium lappaceum ...... Fruit or clusters ...... (b)(2)(i), (b)(5)(iii).

******* French Guiana ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Grenada

******* Litchi ...... Litchi chinensis ...... Fruit or cluster.

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster.

******* Guatemala

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

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Additional restriction(s) Country/locality Common name Botanical name Plant part(s) (see paragraph (b) of this section)

******* Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3).

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Guyana ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Honduras

******* Cichorium ...... Cichorium spp ...... Leaf, stems, and roots.

******* Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3).

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Israel

******* New Zealand spinach ...... Tetragonia tetragonioides .. Leaves..

******* Mexico

******* Banana ...... Musa spp ...... Flower and leaf.

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* New Zealand

******* Citrus ...... Citrus spp ...... Fruit ...... (b)(3), (b)(5)(vii).

******* Nicaragua ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Loroco ...... Fernaldia spp ...... Flower and leaf.

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Panama

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots. Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3).

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Paraguay ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots. Peru

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Swiss chard ...... Beta vulgaris subsp. cicla .. Leaf and stem.

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Additional restriction(s) Country/locality Common name Botanical name Plant part(s) (see paragraph (b) of this section)

******* Republic of Korea

******* Swiss chard ...... Beta vulgaris subsp. cicla .. Leaf and stem.

******* Sierra Leone ...... Cassava ...... Manihot esculenta ...... Leaf and root ......

******* South Africa

******* Pineapple ...... Ananas spp ...... Fruit ...... (b)(2)(v).

******* Suriname

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Uruguay ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots. Venezuela ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

*******

(b) * * * fruit is free from Cnephasia jactatana, I a. By revising the following entries to (2) * * * Coscinoptycha improbana, read as set forth below: Under China, for (v) Prohibited entry into Puerto Rico, , Epiphyas litchi and longan; under India, for litchi; Virgin Islands, Northern Mariana postvittana, Pezothrips kellyanus, and under Israel, for litchi; and under Islands, Hawaii, and Guam. Cartons in Planotortrix excessana; must undergo a Taiwan, for litchi. which commodity is packed must be port of entry inspection with a biometric I b. By removing, under El Salvador, stamped ‘‘For distribution in the sampling of 100 percent of 30 boxes the entry for garden bean and by adding, continental United States only.’’ selected randomly from each shipment; in alphabetical order, the following * * * * * and the randomly selected boxes must entries to read as set forth below: Under (5) * * * be examined for hitchhiking pests. Argentina, for grape; under Chile, for (vi) Must be accompanied by a (6) * * * lemons; and under El Salvador, for phytosanitary certificate issued by the (v) Grapefruit (Citrus paradisi), green bean. NPPO of the country of origin with an (Citrus limon), orange (Citrus sinensis), I c. By adding, in alphabetical order, additional declaration stating that the and tangelo (Citrus reticulata) only. entries for Italy and the Republic of fruit is from an area where citrus canker South Africa to read as set forth below. (Xanthomonas citri (Hasse) Dowson) is (Approved by the Office of Management not known to occur. and Budget under control numbers § 319.56–2x Administrative instructions; (vii) Must be accompanied by a 0579–0049, 0579–0236, 0579–0264, and conditions governing the entry of certain phytosanitary certificate issued by the 0579–0280) fruits and vegetables for which treatment is NPPO of the country of origin and with I 5. In § 319.56–2x, the table in required. an additional declaration stating that the paragraph (a) is amended as follows: (a) * * *

Country/locality Common name Botanical name Plant part(s)

Argentina

******* Grape ...... Vitis spp ...... Fruit. (Treatment for Anastrepha spp. fruit flies and Medfly not required if fruit is grown in a fruit fly-free area (see § 319.56–2(j)).

******* Chile ...... Lemon ...... Citrus limon ...... Fruit.

******* China ...... Litchi ...... Litchi chinensis ...... Fruit or cluster. (Prohibited entry into Florida due to li- tchi rust mite. Cartons in which litchi are packed must be stamped ‘‘Not for importation into or dis- tribution in FL.’’) Longan ...... Dimocarpus longan ...... Fruit or cluster

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Country/locality Common name Botanical name Plant part(s)

******* El Salvador ...... Green bean ...... Phaseolus vulgaris ...... Pod or shelled.

******* India ...... Litchi ...... Litchi chinensis ...... Fruit or cluster (Prohibited entry into Florida due to li- tchi rust mite. Cartons in which litchi are packed must be stamped ‘‘Not for importation into or dis- tribution in FL.’’) Israel

******* Litchi ...... Litchi chinensis ...... Fruit or cluster. (Prohibited entry into Florida due to li- tchi rust mite. Cartons in which litchi are packed must be stamped ‘‘Not for importation into or dis- tribution in FL.’’)

******* Italy ...... Kiwi ...... Actinidia deliciosa ...... Fruit.

******* Republic of South Africa .... Apple ...... Malus domestica ...... Fruit. Grape ...... Vitis spp ...... Fruit.

******* Taiwan

******* Litchi ...... Litchi chinensis ...... Fruit or cluster. (Prohibited entry into Florida due to li- tchi rust mite. Cartons in which litchi are packed must be stamped ‘‘Not for importation into or dis- tribution in FL.’’)

*******

* * * * * (2) Systems approach. The tomatoes trapping protocol for the detection of I 6. Section 319.56–2dd is amended as may be imported without fumigation for Medfly in infested areas is as follows: follows: Tuta absoluta, Rhagoletis tomatis, and (A) McPhail traps with an approved I a. By revising the introductory text of Mediterranean fruit fly (Medfly, protein bait must be used within paragraph (d) to read as set forth below. Ceratitis capitata) if they meet the registered greenhouses. Traps must be I b. By redesignating paragraphs (d)(1), following conditions: placed inside greenhouses at a density (d)(2), and (d)(3) as paragraphs (d)(1)(i), (i) The tomatoes must be grown in of 4 traps/10 ha, with a minimum of at (d)(1)(ii), and (d)(1)(iii), respectively, approved production sites that are least two traps per greenhouse. and by adding new introductory text of registered with SAG. Initial approval of paragraph (d)(1) to read as set forth (B) Medfly traps with trimedlure must the production sites will be completed below. be placed inside a buffer area 500 I c. In newly redesignated paragraph jointly by SAG and APHIS. SAG will meters wide around the registered (d)(1)(iii), in the first sentence, by visit and inspect the production sites production site, at a density of 1 trap/ adding the words ‘‘with treatment in monthly, starting 2 months before 10 ha and a minimum of 10 traps. These accordance with this paragraph (d)(1)’’ harvest and continue until the end of traps must be checked at least every 7 after the word ‘‘Chile’’. the shipping season. APHIS may days. At least one of these traps must be I d. By adding a new paragraph (d)(2) monitor the production sites at any time near a greenhouse. Traps must be set for to read as set forth below. during this period. at least 2 months before export and I e. By revising the OMB citation at the (ii) Tomato production sites must trapping and continue to the end of the end of the section to read as set forth consist of pest-exclusionary harvest season. below. greenhouses, which must have self- (C) Medfly prevalence levels in the § 319.56–2dd Administrative instructions: closing double doors and have all other surrounding areas must be 0.7 Medflies conditions governing the entry of tomatoes. openings and vents covered with 1.6 per trap per week or lower. If levels mm (or less) screening. exceed this before harvest, the * * * * * (d) Tomatoes from Chile. Tomatoes (iii) The tomatoes must originate from production site will be prohibited from (fruit) (Lycopersicon esculentum) from a Medfly free area (see § 319.56–2(j)) of shipping under the systems approach. If Chile, whether green or at any stage of Chile or an area where Medfly trapping the levels exceed this after the 2 months ripeness, may be imported into the occurs. Production sites in areas where prior to harvest, the production site United States with treatment in Medfly is known to occur must contain would be prohibited from shipping accordance with paragraph (d)(1) of this traps for both Medfly and Rhagoletis under the systems approach until section or if produced in accordance tomatis in accordance with paragraphs APHIS and the NPPO of Chile agree that with the systems approach described in (d)(2)(iii) and (d)(2)(iv) of this section. the pest risk has been mitigated. paragraph (d)(2) of this section. Production sites in all other areas do not (iv) Registered production sites must (1) With treatment. *** require trapping for Medfly. The contain traps for Rhagoletis tomatis in

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accordance with the following SAG agree that risk mitigation is (a) Mangoes grown on the island of provisions: achieved. Guimaras, which the Administrator has (A) McPhail traps with an approved (vii) All traps must be placed at least determined meet the criteria set forth in protein bait must be used within 2 months prior to harvest and be § 319.56–2(e)(4) and § 319.56–2(f) with registered greenhouses. Traps must be maintained throughout the harvest regard to the mango seed weevil placed inside greenhouses at a density season and be monitored and serviced (Sternochetus mangiferae), are eligible of 4 traps/10 ha, with a minimum of at weekly. for importation into all areas of the least two traps per greenhouse. Traps (viii) SAG must maintain records of United States. Mangoes from all other inside greenhouses will use the same trap placement, checking of traps, and areas of the Philippines except Palawan bait for Medfly and Rhagoletis tomatis of any Rhagoletis tomatis or Tuta are eligible for importation into Hawaii because the bait used for R. tomatis is absoluta captures for 1 year for APHIS and Guam only. Mangoes from Palawan sufficient for attracting both types of review. SAG must maintain an APHIS are not eligible for importation into the fruit fly within the confines of a approved quality control program to United States. greenhouse; therefore, it is unnecessary monitor or audit the trapping program. * * * * * to repeat this trapping protocol in APHIS must be notified when a (d) * * * Shipments originating from production sites in areas where Medfly production site is removed from or approved areas other than Guimaras is known to occur. added to the program. must be labeled ‘‘For distribution in (B) McPhail traps with an approved (ix) The tomatoes must be packed Guam and Hawaii only.’’ protein bait must be placed inside a 500 within 24 hours of harvest in a pest- (e) Phytosanitary certificate. Mangoes meter buffer zone at a density of 1 trap/ exclusionary packinghouse. The originating from all approved areas must 10 ha surrounding the production site. tomatoes must be safeguarded by a pest- be accompanied by a phytosanitary At least one of the traps must be near proof screen or plastic tarpaulin while certificate issued by the Republic of the a greenhouse. Traps must be set for at in transit to the packinghouse and while Philippines Department of Agriculture least 2 months before export until the awaiting packing. Tomatoes must be that contains an additional declaration end of the harvest season and must be packed in -proof cartons or stating that the mangoes have been checked at least every 7 days. In areas containers or covered with insect-proof treated for fruit flies of the genus where Medfly trapping is required, traps mesh or plastic tarpaulin for transit to Bactrocera in accordance with located outside of greenhouses must the United States. These safeguards paragraph (b) of this section. contain different baits for Medfly and must remain intact until arrival in the Phytosanitary certificates accompanying Rhagoletis tomatis. There is only one United States. shipments of mangoes originating from approved bait for R. tomatis and the bait (x) During the time the packinghouse the island of Guimaras must also is not strong enough to lure Medfly is in use for exporting fruit to the United contain an additional declaration stating when used outside greenhouses; States, the packinghouse may only that the mangoes were grown on the therefore, separate traps must be used accept fruit from registered approved island of Guimaras. for each type of fruit fly present in the production sites. * * * * * (xi) SAG is responsible for export area surrounding the greenhouses. (Approved by the Office of Management certification inspection and issuance of (C) If within 30 days of harvest a and Budget under control numbers phytosanitary certificates. Each single Rhagoletis tomatis is captured 0579–0172 and 0579–0280) inside the greenhouse or in a shipment of tomatoes must be accompanied by a phytosanitary Done in Washington, DC, this 12th day of consignment or if two R. tomatis are December 2006. captured or detected in the buffer zone, certificate issued by SAG with an Kevin Shea, shipments from the production site will additional declaration, ‘‘These tomatoes were grown in an approved production Acting Administrator, Animal and Plant be suspended until APHIS and SAG Health Inspection Service. determine that risk mitigation is site in Chile.’’ The shipping box must be [FR Doc. E6–21496 Filed 12–15–06; 8:45 am] achieved. labeled with the identity of the (v) Registered production sites must production site. BILLING CODE 3410–34–P conduct regular inspections for Tuta * * * * * absoluta throughout the harvest season (Approved by the Office of Management and find these areas free of T. absoluta FEDERAL DEPOSIT INSURANCE and Budget under control numbers CORPORATION evidence (e.g., eggs or larvae). If within 0579–0049, 0579–0131, 0579–0280, and 30 days of harvest, two Tuta absoluta 0579–0286) 12 CFR Part 313 are captured inside the greenhouse or a I single T. absoluta is found inside the 7. Section 319.56–2ii is amended as RIN 3064–AD12 fruit or in a consignment, shipments follows: I a. By revising paragraph (a) to read as from the production site would be Procedures for Corporate Debt set forth below. suspended until APHIS and SAG Collection I b. In paragraph (d), by adding a new determine that risk mitigation is sentence at the end of the paragraph to AGENCY: Federal Deposit Insurance achieved. read as set forth below. Corporation (FDIC). (vi) SAG will ensure that populations I c. By revising paragraph (e) to read as ACTION: Final rule. of Liriomyza huidobrensis inside set forth below. SUMMARY: The Federal Deposit greenhouses are well managed by doing I d. By adding an OMB citation at the Insurance Corporation (FDIC) is inspections during the monthly visits end of the section to read as set forth amending 12 CFR part 313, Procedures specifically for L. huidobrensis mines in below. the leaves and for visible external pupae for Corporate Debt Collection, to include or adults. If L. huidobrensis is found to § 319.56–2ii Administrative instructions: delinquent criminal restitution debt be generally infesting the production conditions governing the entry of mangoes within the debt covered by part 313. site, shipments from the production site from the Philippines. DATES: Effective Date: This rule is would be suspended until APHIS and * * * * * effective on December 18, 2006.

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FOR FURTHER INFORMATION CONTACT: Rex (DOF) determines that it is appropriate The United States Department of Taylor, (703) 562–2453, or Catherine A. to initiate procedures to collect Justice is primarily responsible for Ribnick, (202) 898–3728, of the Legal corporate debt of the type authorized by collecting unpaid federal criminal Division, or Richard Romero, (202) 898– part 313, the Director must conform to restitution debt. The Mandatory Victims 8652, of the Division of Resolutions and the procedural standards for collecting Restitution Act (MVRA) of 1996, 18 Receiverships. such debts set forth in part 313. These U.S.C. 3556 & 3663 seq., which makes SUPPLEMENTARY INFORMATION: standards generally prescribe the imposition of restitution a mandatory following steps in the debt collection component of sentencing for many 1. Background process: Prompt demand for payment of federal crimes, including banking The Debt Collection Improvement Act the debt; upon the debtor’s demand for crimes, expressly provides in section of 1996 (DCIA) requires federal agencies a final agency determination, 3664(m) that the United States has the to collect debts owed to the United verification of the existence and amount authority to enforce all federal criminal States in accordance with regulations of the debt; standards for collecting restitution orders in all cases. Moreover, that either adopt, or at least are debts in installment payments; the the Federal Debt Collection Procedures consistent with, standards prescribed by assessment of interest, penalties, and Act (FDCPA), 28 U.S.C. 3001 et seq., the Department of Justice (DOJ) and administrative costs on delinquent originally enacted in 1990, is the Department of the Treasury (Treasury). debts; standards for the compromise of primary statutory authority that DOJ 31 U.S.C. 3711. These standards, known overdue debt; standards to be followed uses to collect criminal restitution as the Federal Claims Collection in determining whether to suspend or orders on behalf of the victims Standards (FCCS), became effective on terminate collection action; the required identified in those orders, which December 22, 2000. (see 31 CFR 900– referral of delinquent debts to FMS for include the FDIC in the case of 904). The purpose of the DCIA is to collection; the reporting of debts to restitution orders held by the FDIC. The enhance the efficiency and effectiveness consumer reporting agencies and the FDCPA also explicitly defines ‘‘debt’’ to of the federal government’s efforts to use of credit reports; and the sale of include ‘‘an amount that is owing to the collect debt owed to the United States. delinquent debts. The Director also United States on account of * * * A principal feature of the DCIA was the must follow the procedures for the restitution.’’ 28 U.S.C. 3002(3)(B). creation of the Treasury Offset Program specific type of offset remedy to be United States Attorney’s Offices (TOP), a government-wide database of utilized, which are provided by the throughout the United States use the delinquent debtors that offsets (reduces) following subparts of part 313: Subpart MVRA and FDCPA to collect and federal payments to recipients who also B (administrative offset), subpart C enforce criminal restitution debt on owe delinquent debt to the United (salary offset), subpart D (administrative behalf of the FDIC and other victims States and that remits the offset amount wage garnishment), subpart E (tax including other federal agencies. If DOJ to the creditor agency. The FDIC is the refund offset), subpart F (Civil Service does not enforce an individual order, creditor agency for delinquent retirement and disability fund offset), the victim named in the order may seek restitution debts owed to the FDIC. The and subpart G (mandatory centralized to enforce it instead. recommended amendments do not administrative offset). affect the FDIC’s existing authority The criminal restitution orders that II. Discussion of the Amendments to under part 313 to collect certain debts the FDIC holds in almost all instances Part 313 owed to the FDIC in its corporate are initially acquired by the FDIC in its The amendments would modify part capacity. receivership capacity. Over time, the 313 in three ways: In 2002, the FDIC in compliance with FDIC as receiver has transferred a 1. A number of individual sections of the DCIA promulgated 12 CFR part 313 substantial number of individual part 313 are amended to provide that governing the collection of certain debt restitution orders to the FDIC in its owed to the FDIC in its corporate corporate capacity, with the result that part 313 applies to criminal restitution capacity by federal employees, today criminal restitution debt is held debt owed to the FDIC in either its including FDIC employees, and certain by the FDIC in both its receivership and corporate or receivership capacity in third parties. Part 313 in its present corporate capacities. Because part 313 addition to the already-covered form ‘‘applies only to [certain] debts as currently drafted excludes all of the corporate debts currently identified in owed to and payments made by the FDIC’s receivership and liquidation § 313.1. FDIC acting in its corporate capacity; functions (among other functions) from 2. Section 313.4 is amended to that is, in connection with employee its scope, it must be amended for the provide that the FDIC Board delegates to matters such as travel-related claims FDIC to have the authority to collect the Director of the Division of and erroneous overpayments, criminal restitution debt through TOP. Resolutions and Receiverships (DRR) contracting activities involving The legal authority for the proposed authority to refer delinquent criminal corporate operations, debts related to amendments is found in the DCIA itself. restitution debt to FMS. requests to the FDIC for documents The DCIA’s definition of ‘‘debt’’ 3. A new section 313.125 is added to under the Freedom of Information Act includes criminal restitution debt owed subpart E, the Tax Refund Offset (FOIA) or where a request for an offset to federal agencies including the FDIC. regulations, to clarify that duplicate is received by the FDIC from another Thus, section 3701(b)(1)(D) of the DCIA notice to a debtor is not required if federal agency.’’ (See 12 CFR 313.1(c)). defines ‘‘claim’’ or ‘‘debt’’ to include: notice and an opportunity for review Part 313 also explicitly states that it (D) Any amount the United States is were previously provided to the same ‘‘does not apply to debts owed to or authorized by statute to collect for the debtor. This provision is identical to the payments made by the FDIC in benefit of any person. existing § 313.28 found in the connection with the FDIC’s liquidation, Criminal restitution debt owed to the Administrative Offset regulations in supervision, enforcement, or insurance FDIC falls squarely within this subpart B. While § 313.28 arguably responsibilities.’’ (Id.) definition, regardless of whether that already applies to subpart E (because tax Under part 313, when the Director of debt is owed to the FDIC in its refund offset is generally considered to the Division of Administration (DOA) or receivership capacity or its corporate be a form of ‘‘administrative’’ offset), the the Director of the Division of Finance capacity. new § 313.125 is added to eliminate any

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uncertainty in the FDIC’s regulations on PART 313—PROCEDURES FOR other amounts due the United States this point. COLLECTION OF CORPORATE DEBT from fees, leases, rents, royalties, services, sales of real or personal III. Administrative Procedure Act AND CRIMINAL RESTITUTION DEBT property, overpayments, penalties, Neither advance notice of proposed I 1. The authority citation for part 313 damages, interest, restitution, fines and rulemaking nor an opportunity to is revised to read as follows: forfeitures, and all other similar sources. comment on the amendments to part Authority: 12 U.S.C. 1819(a); 5 U.S.C. For purposes of this part, a debt owed 313 is required under the 5514; Pub. L. 104–143; 110 Stat. 1321 (31 to the FDIC constitutes a debt owed to Administrative Procedure Act (APA), U.S.C. 3701, 3711, 3716). the United States. because these amendments relate solely I 2. Revise § 313.1(c) to read as follows: * * * * * to agency procedure and practice. 5 (j) Director means the Director of the U.S.C. 553(b)(3)(A). § 313.1 Scope. Division of Finance (DOF), the Director of the Division of Administration IV. Regulatory Flexibility Act * * * * * (c) This part applies only to: (DOA), or the Director of the Division of Pursuant to the Regulatory Flexibility (1) Debts owed to and payments made Resolutions and Receiverships (DRR), as Act, the FDIC hereby certifies that the by the FDIC acting in its corporate applicable, or the applicable Director’s amendments to part 313 do not have a capacity, that is, in connection with delegate. significant economic impact on a employee matters such as travel-related * * * * * substantial number of small business claims and erroneous overpayments, (n) Division of Resolutions and entities. As amended, part 313 applies contracting activities involving Receiverships (DRR) means the Division primarily to federal agencies and to a corporate operations, debts related to of Resolutions and Receiverships of the limited number of individuals and/or requests to the FDIC for documents FDIC. business entities. 5 U.S.C. 605(b). under the Freedom of Information Act * * * * * V. Paperwork Reduction Act (FOIA), or where a request for an offset (r) Notice of Intent to Offset or Notice is received by the FDIC from another of Intent means a written notice from a This rule is not subject to the federal agency; and creditor agency to an employee, Paperwork Reduction Act, 44 U.S.C. (2) Criminal restitution debt owed to organization, entity, or restitution 3501, because it does not contain any the FDIC in either its corporate capacity debtor that claims a debt and informs new information collection or its receivership capacity. the debtor that the creditor agency requirements. (3) With the exception of criminal intends to collect the debt by restitution debt noted in paragraph VI. Assessment of Impact of Federal administrative offset. The notice also (c)(2) of this section, this part does not Regulation on Families informs the debtor of certain procedural apply to debts owed to or payments rights with respect to the claimed debt The FDIC has determined that part made by the FDIC in connection with and offset. 313 as amended will not affect family the FDIC’s liquidation, supervision, * * * * * well-being within the meaning of enforcement, or insurance I 4. Revise the introductory paragraph section 654 of the Treasury and General responsibilities, nor does it limit or in § 313.4 to read as follows: Government Appropriations Act, affect the FDIC’s authority with respect enacted as part of the Omnibus to debts and/or claims pursuant to 12 § 313.4 Delegations of authority. Consolidated and Emergency U.S.C. 1819(a) and 1820(a). Authority to conduct the following Supplemental Appropriations Act, 1999 * * * * * activities to collect debt, other than (Pub. L. 105–277, 112 Stat. 2681). I 3. In § 313.3 revise paragraphs (d), (h), criminal restitution debt, on behalf of VII. Small Business Regulatory and (j); redesignate paragraphs (n) the FDIC in its corporate capacity is Enforcement Fairness Act through (v) as paragraphs (o) through delegated to the Director of DOA or (w), respectively; add a new paragraph Director of DOF, as applicable; and The Small Business Regulatory (n); and revise the newly designated authority to collect criminal restitution Enforcement Fairness Act of 1996 paragraph (r) to read as follows: debt on behalf of the FDIC in either its (SBREFA) (Pub. L. 104–121) provides receivership or corporate capacity is generally for agencies to report rules to § 313.3 Definitions. delegated to the Director of DRR; or to Congress for review. The reporting * * * * * the applicable Director’s delegate; to: requirement is triggered when the FDIC (d) Certification means a written * * * * * issues a final rule as defined by the APA statement transmitted from a creditor I at 5 U.S.C. 551. Because the FDIC is 5. Redesignate § 313.125 through agency to a paying agency for purposes 313.127 as § 313.126 through 313.128 issuing a final rule as defined by the of administrative or salary offset, to APA, the FDIC will file the reports and add a new § 313.125 to read as FMS for offset or to the Secretary of the follows: required by SBREFA. The Office of Treasury for centralized administrative Management and Budget has offset. The certification confirms the § 313.125 No requirement for duplicate determined that this final rule does not existence and amount of the debt and notice. constitute a ‘‘major rule’’ as defined by verifies that required procedural Where the director has previously SBREFA. protections have been afforded the given a debtor any of the required notice List of Subjects in 12 CFR Part 313 debtor. Where the debtor requests a and review opportunities with respect hearing on a claimed debt, the decision to a particular debt, the Director is not Claims, Government employees, by a hearing official or administrative required to duplicate such notice and Wages. law judge constitutes a certification. review opportunities prior to initiating I For the reasons set forth in the * * * * * tax refund offset. preamble, the FDIC hereby amends part (h) Debt means an amount owed to By order of the Board of Directors. 313 of chapter III of title 12 of the Code the United States from loans insured or Dated at Washington, DC, this 5th day of of Federal Regulations as follows: guaranteed by the United States and all December, 2006.

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Federal Deposit Insurance Corporation. that it is located in an area where sets out detailed statutory requirements Robert E. Feldman, persistent transmission constraints in for personal interviews of non- Executive Secretary. effect cause the qualifying facility not to immigrant visa applicants in the INA for [FR Doc. E6–21470 Filed 12–15–06; 8:45 am] have access to markets outside a the first time. Previously, INA Section BILLING CODE 6714–01–P persistently congested area to sell the 222(e) left the question of personal qualifying facility output or capacity’’. appearance of nonimmigrant visa I On page 64374, second column, in applicants to be defined by regulation. DEPARTMENT OF ENERGY § 292.312(b), after, ‘‘an existing The Department’s interim rule qualifying cogeneration’’ remove published on July 7, 2003 (68 FR 40168) Federal Energy Regulatory ‘‘qualifying’’. The sentence is corrected defined the requirements for personal Commission to read: ‘‘After August 8, 2005, an appearance. This final rule replaces the electric utility shall not be required to previous interim rule to reflect the 18 CFR Part 292 enter into a new contract or obligation requirements of IRTPA and the new INA to sell electric energy to a qualifying [Docket No. RM06–10–000] Section 222(h). Most of new Section small power production facility, an 222(h) can be implemented through the New PURPA Section 210(m) existing qualifying cogeneration facility, Department’s existing personal Regulations Applicable to Small Power or a new qualifying cogeneration facility appearance regulations and current Production and Cogeneration if the Commission has found that;’’ requirements for fingerprint collection, Facilities; Correction Magalie R. Salas, but a few changes in the regulations are Secretary. needed to conform fully to the new AGENCY: Federal Energy Regulatory interview requirements. The most [FR Doc. E6–21433 Filed 12–15–06; 8:45 am] Commission, DOE. significant change is that a consular ACTION: Final rule; correction. BILLING CODE 6717–01–P officer must now interview persons in the same age ranges as persons covered SUMMARY: This document corrects errors by the biometric collection requirement. in a final rule that the Federal Energy DEPARTMENT OF STATE In addition to the existing list of Regulatory Commission (Commission) situations in which an interview may published in the Federal Register on 22 CFR Part 41 not be waived, the personal interview November 1, 2006. That action amended [Public Notice: 5646] the Commission’s regulations governing requirement may not be waived for NIV applicants from third countries and small power production and Visas: Documentation of applicants who have been previously cogeneration in response to section 1253 Nonimmigrants Under the Immigration refused visas or found ineligible for of the Energy Policy Act of 2005. and Nationality Act, as Amended visas, where that ineligibility was not DATES: These corrections are effective AGENCY: State Department. overcome. January 2, 2007. ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Are there any exceptions to these new Samuel Higginbottom (Legal SUMMARY: This final rule amends requirements? Information), Office of the General guidance to consular offices for the Section 5301 of IRTPA provides for Counsel, Federal Energy Regulatory waiver of personal appearance of Commission, at (202) 502–8561. some exceptions from the new interview applicants for nonimmigrant visas requirements. In addition, as the SUPPLEMENTARY INFORMATION: contained at 22 CFR 41.102, to conform In FR President noted in the signing statement Document 06–8928, published to the requirements of Section 222(h) of for IRTPA, the interview requirement is November 1, 2006 (71 FR 64342), make the Immigration and Nationality Act, as viewed ‘‘as advisory’’ with respect to the following corrections: added by section 5301 of the foreign diplomats or foreign officials, I Intelligence Reform and Terrorism On page 64372, column 2, in because it otherwise would Prevention Act of 2004 (IRTPA). The § 292.303(c)(1), in the last sentence, impermissibly burden the President’s after ‘‘interconnection’’ add ‘‘costs’’. final rule replaces the interim rule published in the Federal Register on constitutional authority to conduct The sentence is corrected to read: ‘‘The foreign relations. Therefore, the obligation to pay for any July 7, 2003 and reflects legislation enacted subsequent to that rule. regulations continue to permit interconnection costs shall be exemptions from the interview DATES: determined in accordance with This rule is effective on requirements of persons in A–1, A–2, C– December 18, 2006. § 292.306. 2, C–3, G–1, G–2, G–3 G–4, NATO–1, I On page 64372, column 2, in FOR FURTHER INFORMATION CONTACT: NATO–2, NATO–3, NATO–4, NATO–5, ‘‘§ 292.303(d), in the first sentence, after Charles Robertson, Legislation and or NATO 6 classifications, and ‘‘purchase energy’’, remove ‘‘and’’ and Regulations Division, Visa Services, applicants for diplomatic or officials add in its place ‘‘or’’. Sentence is Department of State, Washington, DC visas as described in 22 CFR 41.26 and corrected to read : ‘‘If a qualifying 20520–0106, (202) 663–1221, e-mail 41.27. facility agrees, an electric utility which ([email protected]). Regulatory Findings would otherwise be obligated to SUPPLEMENTARY INFORMATION: purchase energy or capacity from such Administrative Procedure Act qualifying facility may transmit energy Why is the Department promulgating or capacity to any other electric utility’’. this rule? This regulation involves a foreign I On page 64373, column 1, in Section 5301 of the Intelligence affairs function of the United States and, § 292.309(f)(2), in the last sentence after Reform and Terrorism Prevention Act of therefore, in accordance with 5 U.S.C. ‘‘facility ouput or’’ add the word 2004 (IRTPA) added a new Section 553 (a)(1), is not subject to the rule ‘‘capacity’’. Sentence is corrected to 222(h) to the Immigration and making procedures set forth at 5 U.S.C. read: ‘‘The qualifying facility may show Nationality Act (INA). Section 222(h) 553.

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Regulatory Flexibility Act/Executive government and the States, or the 1, A–2, C–2, C–3 (except attendants, Order 13272: Small Business distribution of power and servants, or personal employees of This rule is not subject to the notice- responsibilities among the various accredited officials), G–1, G–2, G–3, G– and-comment rulemaking provisions of levels of government. Nor will the rule 4, NATO–1, NATO–2, NATO–3, NATO– the Administrative Procedure Act or any have federalism implications warranting 4, NATO–5, or NATO–6 and who is other act, and, accordingly it does not the application of Executive Orders No. seeking a visa in such classification; require analysis under the Regulatory 12372 and No. 13132. (4) Is an applicant for a diplomatic or Flexibility Act (5 U.S.C. 601, et seq.) Executive Order 12988: Civil Justice official visa as described in §§ 41.26 or and Executive Order 13272, section 3(b). Reform 41.27 of this chapter, respectively; (5) Is an applicant who within 12 The Unfunded Mandates Reform Act of The Department has reviewed the months of the expiration of the 1995 proposed regulations in light of sections applicant’s previously issued visa is Section 202 of the Unfunded 3(a) and 3(b)(2) of Executive Order No. seeking re-issuance of a nonimmigrant Mandates Reform Act of 1995 (UFMA), 12988 to eliminate ambiguity, minimize biometric visa in the same classification Pub. L. 104–4, 109 Stat. 48, 2 U.S.C. litigation, establish clear legal at the consular post of the applicant’s 1532, generally requires agencies to standards, and reduce burden. usual residence, and for whom the prepare a statement before proposing Paperwork Reduction Act consular officer has no indication of any rule that may result in an annual visa ineligibility or of noncompliance This rule does not impose information expenditure of $100 million or more by with U.S. immigration laws and collection requirements under the State, local, or tribal governments, or by regulations; or the private sector. This rule will not provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35. (6) Is an alien for whom a waiver of result in any such expenditure, nor will personal appearance is warranted in the it significantly or uniquely affect small List of Subjects in 22 CFR Part 41 national interest or because of unusual governments. Aliens, Foreign officials, Immigration, circumstances. The Small Business Regulatory Nonimmigrants, Passports and visas, * * * * * Enforcement Fairness Act of 1996 Students. (d) Cases in which personal This rule is not a major rule as I For the reasons stated in the preamble, appearance may not be waived. A defined by 5 U.S.C. 804, for purposes of the Department of State amends 22 CFR consular officer or the Deputy Assistant congressional review of agency part 41 as follows: Secretary of State may not waive rulemaking under the Small Business personal appearance for: Regulatory Enforcement Fairness Act of PART 41—[AMENDED] (1) Any NIV applicant who is not a 1996, Pub. L. 104–121. This rule will I 1. The authority citation for part 41 national or resident of the country in not result in an annual effect on the shall continue to read: which he or she is applying, unless the economy of $100 million or more; a applicant is eligible for a waiver of the major increase in costs or prices; or Authority: 8 U.S.C. 1104; Pub. L. 105–277, interview under paragraphs (b)(3) or adverse effects on competition, 112 Stat. 2681–795 through 2681–801. (b)(4) of this section. Additional authority is derived from Section employment, investment, productivity, (2) Any NIV applicant who was innovation, or the ability of United 104 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 previously refused a visa, is listed in States-based companies to compete with (IIRIRA) Pub. L. 104–208, 110 Stat. 3546. CLASS, or who otherwise requires a foreign based companies in domestic Security Advisory Opinion, unless: I 2. Amend § 41.102 as follows: and import markets. (i) The visa was refused temporarily I A. Revise paragraph (b), and the refusal was subsequently Executive Order 12866: Regulatory I B. Amend paragraph (c) by adding the overcome; Review phrase ‘‘Except as provided in The Department of State has reviewed paragraph (d) of this section’’ to the (ii) The alien was found inadmissible, this rule to ensure its consistency with beginning of the second sentence. but the inadmissibility was waived; or the regulatory philosophy and I C. Redesignate paragraph (d) as (e) (iii) The applicant is eligible for a principles set forth in Executive Order and add a new paragraph (d). waiver of the interview under 12866 and has determined that the The new and revised text reads as paragraphs (b)(3) or (b)(4) of this benefits of the proposed regulation follows: section. justify its costs. The Department does (3) Any NIV applicant who is from a not consider the rule to be an § 41.102 Personal appearance of applicant country designated by the Secretary of economically significant action within * * * * * State as a state sponsor of terrorism, the scope of section 3(f)(1) of the (b) Waivers of personal appearance by regardless of age, or in a group Executive Order since it is not likely to consular officers. Except as provided in designated by the Secretary of State have an annual effect on the economy paragraph (d) of this section or as under section 222(h)(2)(F) of the of $100 million or more or to adversely otherwise instructed by the Deputy Immigration and Nationality Act, unless affect in a material way the economy, a Assistant Secretary of State for Visa the applicant is eligible for a waiver sector of the economy, competition, Services, a consular officer may waive under paragraphs (b)(3) or (b)(4) of this jobs, the environment, public health or the requirement of personal appearance section. safety, or state, local, or tribal in the case of any alien who the * * * * * governments or communities. consular officer concludes presents no national security concerns requiring an Dated: November 30, 2006. Executive Orders 12372 and 13132: interview and who: Maura Harty, Federalism (1) Is a child under 14 years of age; Assistant Secretary for Consular Affairs, This regulation will not have (2) Is a person over 79 years of age; Department of State. substantial direct effects on the States, (3) Is within a class of nonimmigrants [FR Doc. E6–21492 Filed 12–15–06; 8:45 am] on the relationship between the national classifiable under the visa symbols A– BILLING CODE 4710–06–P

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DEPARTMENT OF HOMELAND ensure the safety of vessels and persons policies and procedures of DHS is SECURITY that transit in the vicinity of the Tacoma unnecessary. This expectation is based Narrows Bridge. If normal notice and on the fact that the regulated area Coast Guard comment procedures were followed, established by this regulation would this rule would not become effective encompass a small area that should not 33 CFR Part 165 until after construction activities were impact commercial or recreational already taking place. Under 5 U.S.C. traffic. For the above reasons, the Coast [CGD13–06–052] 553(d)(3), the Coast Guard finds that Guard does not anticipate any RIN 1625–AA00 good cause exists for making this rule significant economic impact. effective less than 30 days after Small Entities Safety Zone Regulations, New Tacoma publication in the Federal Register. Narrows Bridge Construction Project, Making the rule effective after 30 days Under the Regulatory Flexibility Act Construction Vessels and Equipment of publication in the Federal Register (5 U.S.C. 601–612), we have considered Under and in Immediate Vicinity of would be contrary to public interest whether this rule would have a West Span since immediate action is necessary to significant economic impact on a ensure the safety of vessels and persons substantial number of small entities. AGENCY: Coast Guard, DHS. that transit in the vicinity of the Tacoma The term ‘‘small entities’’ comprises ACTION: Temporary final rule. Narrows Bridge. If normal notice and small businesses, not-for-profit comment procedures were followed, organizations that are independently SUMMARY: The Coast Guard is this rule would not become effective owned and operated and are not establishing a temporary safety zone until after construction activities were dominant in their fields, and around construction vessels and already taking place. governmental jurisdictions with mooring lines under the West Span of populations of less than 50,000. the Tacoma Narrows Bridge during the Discussion of Rule This rule will affect the following deck erection phase of construction. The Coast Guard is adopting a entities, some of which may be small This safety zone will be in effect temporary safety zone regulation on the entities: the owners or operators of regardless of whether construction waters of Tacoma Narrows, Washington, vessels intending to transit this portion vessels are present or not. This zone for the New Tacoma Narrows Bridge of the Tacoma Narrows during the time approximately encompasses all waters construction project. The Coast Guard this regulation is in effect. The zone will from the Gig Harbor shoreline to just has determined it is necessary to restrict not have a significant economic impact east of the west bridge caissons, access to the waters under the West on a substantial number of small entities extending 1500 feet north and south. Span, in a box bounded by the points: due to its small area. Because the The Coast Guard is taking this action to 47–16.44′ N, 122–33.35′ W; 47–16.34′ N, impacts of this rule are expected to be safeguard the public from possible 122–33.04′ W; 47–16.1′ N, 122–33.33′ so minimal, the Coast Guard certifies collision with the vessels or their W; 47–16.21′ N, 122–33.63′ W, in order under 605(b) of the Regulatory mooring lines, chains, or cables. Entry to safeguard people and property from Flexibility Act (5 U.S.C. 601–612) that into this zone is prohibited unless hazards associated with the presence of this temporary rule will not have a authorized by the Captain of the Port, construction vessels and equipment in significant economic impact on a Puget Sound or his designated that area. These safety hazards include, substantial number of small entities. representatives. but are not limited to, hazards to Assistance for Small Entities DATES: This rule is effective from 12:01 navigation, collisions with mooring Under section 213(a) of the Small a.m. November 16, 2006 to 11:59 p.m. cables, and collisions with work vessels Business Regulatory Enforcement January 16, 2007. and barges. The Coast Guard, through this action, intends to promote the Fairness Act of 1996 (Pub. L. 104–121), ADDRESSES: Documents indicated in this we want to assist small entities in preamble as being available in the safety of personnel, vessels, and facilities in the area. Entry into this zone understanding this rule so that they can docket are part of docket CGD13–06– better evaluate its effects on them and 052 and are available for inspection or will be prohibited unless authorized by the Captain of the Port or his participate in the rulemaking. If the rule copying at the Waterways Management would affect your small business, Division, Coast Guard Sector Seattle, representative. This safety zone will be enforced by Coast Guard personnel. The organization, or governmental 1519 Alaskan Way South, Seattle, WA, jurisdiction and you have questions 98134, between 8 a.m. and 3 p.m., Captain of the Port may be assisted by other federal, state, or local agencies. concerning its provisions or options for Monday through Friday, except Federal compliance, please contact the person holidays. Regulatory Evaluation listed in the FOR FURTHER INFORMATION FOR FURTHER INFORMATION CONTACT: This temporary rule is not a CONTACT section. Small businesses may Lieutenant Junior Grade Jes Hagen, ‘‘significant regulatory action’’ under send comments on the actions of Waterways Management Division, Coast section 3(f) of Executive Order 12866 Federal employees who enforce, or Guard Sector Seattle, at (206) 217–6958. and does not require an assessment of otherwise determine compliance with SUPPLEMENTARY INFORMATION: potential costs and benefits under Federal regulations to the Small section 6(a)(3) of that Order. The Office Business and Agriculture Regulatory Background and Purpose of Management and Budget has not Enforcement Ombudsman and the Pursuant to 5 U.S.C. 553, a notice of reviewed it under that Order. It is not Regional Small Business Regulatory proposed rulemaking (NPRM) has not significant under the regulatory policies Fairness Boards. The Ombudsman been published for this regulation and and procedures of the Department of evaluates these actions annually and good cause exists for making it effective Homeland Security (DHS). rates each agency’s responsiveness to without publication of an NPRM in the We expect the economic impact of small business. If you wish to comment Federal Register. Publishing a NPRM this temporary rule to be so minimal on actions by employees of the Coast would be contrary to public interest that a full Regulatory Evaluation under Guard, call 1–888–REG–FAIR (1–888– since immediate action is necessary to paragraph 10(e) of the regulatory 734–3247).

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Collection of Information responsibilities between the federal I For the reasons discussed in the This temporary rule would call for no government and Indian tribes. preamble, the Coast Guard amends 33 new collection of information under the Energy Effects CFR part 165 as follows: Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). We have analyzed this rule under PART 165—REGULATED NAVIGATION Executive Order 13211, Actions AREAS AND LIMITED ACCESS AREAS Federalism Concerning Regulations That A rule has implications for federalism Significantly Affect Energy Supply, I 1. The authority citation for part 165 under Executive Order 13132, Distribution, or Use. We have continues to read as follows: Federalism, if it has a substantial direct determined that it is not a ‘‘significant Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. effect on State or local governments and energy action’’ under that order because Chapter 701; 50 U.S.C. 191, 195; 33 CFR would either preempt State law or it is not a ‘‘significant regulatory action’’ 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. impose a substantial direct cost of under Executive Order 12866 and is not 107–295, 116 Stat. 2064; Department of compliance on them. We have analyzed likely to have a significant adverse effect Homeland Security Delegation No. 0170.1. this rule under that Order and have on the supply, distribution, or use of determined that it does not have energy. It has not been designated by the I 2. From 12:01 a.m. November 16, 2006 implications for federalism. Administrator of the Office of to 11:59 p.m. January 16, 2007, a Information and Regulatory Affairs as a Unfunded Mandates Reform Act temporary § 165.T13–039 is added to significant energy action. Therefore, it read as follows: The Unfunded Mandates Reform Act does not require a Statement of Energy of 1995 (2 U.S.C. 1531–1538) requires Effects under Executive Order 13211. § 165.T13–039 Safety Zone: New Tacoma Federal agencies to assess the effects of Narrows Bridge Construction Project, their discretionary regulatory actions. In Technical Standards Construction Vessels and Equipment Under particular, the Act addresses actions The National Technology Transfer and in Immediate Vicinity of West Span. that may result in the expenditure by and Advancement Act (NTTAA) (15 (a) Location. The following is a safety State, local, or tribal government, in the U.S.C. 272 note) directs agencies to use zone: All waters of the Tacoma Narrows, aggregate, or the private sector of voluntary consensus standards in their Washington State, within a box $100,000,000 or more in any one year. regulatory activities unless the agency bounded by the points: 47–16.44′ N, Though this rule will not result in such provides Congress, through the Office of 122–33.35′ W; 47–16.34′ N, 122–33.04′ expenditure, we do discuss the effects of Management and Budget, with an W; 47–16.1′ N, 122–33.33′ W; and 47– this rule elsewhere in this preamble. explanation of why using these 16.21′ N, 122–33.63′ W [Datum: NAD Taking of Private Property standards would be inconsistent with applicable law or otherwise impractical. 1983]. This zone approximately This temporary rule would not effect Voluntary consensus standards are encompasses all waters from the Gig a taking of private property or otherwise technical standards (e.g., specifications Harbor shoreline to just east of the west have taking implications under of materials, performance, design, or bridge caissons, extending 1500 feet Executive Order 12630, Governmental operation; test methods; sampling north and south. Actions and Interference with procedures; and related management (b) Regulations. In accordance with Constitutionally Protected Property systems practices) that are developed or the general regulations in Section Rights. adopted by voluntary consensus 165.23 of this part, no person or vessel Civil Justice Reform standards bodies. may enter or remain in the zone except This temporary rule meets applicable This rule does not use technical for those persons involved in the standards in sections 3(a) and 3(b)(2) of standards. Therefore, we did not construction of the new Tacoma Executive Order 12988, Civil Justice consider the use of voluntary consensus Narrows Bridge, supporting personnel, Reform, to minimize litigation, standards. or other vessels authorized by the eliminate ambiguity, and reduce Environment Captain of the Port or his designated burden. representatives. Vessels and persons We have analyzed this rule under granted authorization to enter the safety Protection of Children Commandant Instruction M16475.1D zone shall obey all lawful orders or We have analyzed this rule under and Department of Homeland Security directions of the Captain of the Port or Executive Order 13045, Protection of Management Directive 5100.1, which his designated representative. This guides the Coast Guard in complying Children from Environmental Health safety zone will be in effect whether with the National Environmental Policy Risks and Safety Risks. This rule is not vessels are present or not. an economically significant rule and Act of 1969 (NEPA) (42 U.S.C. 4321– does not concern an environmental risk 4370f), and have concluded that there (c) Applicable dates. This section to health or risk to safety that may are no factors in this case that would applies from 12:01 a.m. November 16, disproportionately affect children. limit the use of a categorical exclusion 2006 to 11:59 p.m. January 16, 2007. under section 2.B.2 of the Instruction. Dated: November 15, 2006. Indian Tribal Governments Therefore, this rule is categorically Stephen P. Metruck, This rule does not have tribal excluded, under figure 2–1, paragraph implications under Executive Order (34)(g), of the Instruction, from further Captain, U.S. Coast Guard, Captain of the 13175, Consultation and Coordination environmental documentation. Port, Puget Sound. with Indian tribal governments, because [FR Doc. E6–21459 Filed 12–15–06; 8:45 am] List of Subjects in 33 CFR Part 165 it does not have a substantial direct BILLING CODE 4910–15–P effect on one or more Indian tribes, on Harbors, Marine safety, Navigation the relationship between the federal (water), Reporting and recordkeeping government and Indian tribes, or on the requirements, Security measures, distribution of power and Waterways.

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DEPARTMENT OF HOMELAND without publication of an NPRM in the that a full Regulatory Evaluation under SECURITY Federal Register. Publishing a NPRM paragraph 10(e) of the regulatory would be contrary to public interest policies and procedures of DHS is Coast Guard since immediate action is necessary to unnecessary. This expectation is based ensure the safety of vessels and persons on the fact that the regulated area 33 CFR Part 165 that transit in the vicinity of the Tacoma established by this regulation would Narrows Bridge. If normal notice and encompass a small area that should not [CGD13–06–054] comment procedures were followed, impact commercial or recreational RIN 1625–AA00 this rule would not become effective traffic. For the above reasons, the Coast until after construction activities were Guard does not anticipate any Safety Zone Regulations, New Tacoma already taking place. Under 5 U.S.C. significant economic impact. Narrows Bridge Construction Project, 553(d)(3), the Coast Guard finds that Small Entities Bridge Deck Lifting Beams good cause exists for making this rule effective less than 30 days after Under the Regulatory Flexibility Act AGENCY: Coast Guard, DHS. publication in the Federal Register. (5 U.S.C. 601–612), we have considered ACTION: Temporary final rule. Making the rule effective after 30 days whether this rule would have a of publication in the Federal Register significant economic impact on a SUMMARY: The Coast Guard is would be contrary to public interest substantial number of small entities. establishing a temporary safety zone since immediate action is necessary to The term ‘‘small entities’’ comprises around the lifting beams of the cranes ensure the safety of vessels and persons small businesses, not-for-profit being used to lift deck sections into that transit in the vicinity of the Tacoma organizations that are independently place on the New Tacoma Narrows Narrows Bridge. If normal notice and owned and operated and are not Bridge. The zone will encompass all comment procedures were followed, dominant in their fields, and waters within 500 feet of the area this rule would not become effective governmental jurisdictions with directly below the lifting beams for the until after construction activities were populations of less than 50,000. duration of the lowering, hookup, already taking place. This rule will affect the following raising, and securing evolutions, and entities, some of which may be small will only apply to the beams on the Discussion of Rule entities: The owners or operators of cranes that are in use. The beams being The Coast Guard is adopting a vessels intending to transit this portion used for the day’s evolutions will be temporary safety zone regulation on the of the Tacoma Narrows during the time clearly marked on each end with a waters of Tacoma Narrows, Washington, this regulation is in effect. The zone will white flashing light. The Coast Guard is for the New Tacoma Narrows Bridge not have a significant economic impact taking this action to safeguard the construction project. The Coast Guard on a substantial number of small entities public from the hazards associated with has determined it is necessary to restrict due to its small area. Because the navigating in the vicinity of moving access to the waters within 500 feet of impacts of this rule are expected to be construction equipment and heavy the lifting beams being used to raise so minimal, the Coast Guard certifies loads. These hazards may include risk deck sections into place, in order to under 605(b) of the Regulatory of collision with the lifting beams and safeguard people and property from Flexibility Act (5 U.S.C. 601–612) that risks associated with falling loads, hazards associated with navigating in this temporary rule will not have a should there be an equipment failure. the vicinity of moving construction significant economic impact on a Entry into this zone is prohibited unless equipment. These safety hazards substantial number of small entities. authorized by the Captain of the Port, include, but are not limited to, hazards Assistance for Small Entities Puget Sound or his designated to navigation, collisions with the beams, representatives. and equipment failures resulting in Under section 213(a) of the Small Business Regulatory Enforcement DATES: This rule is effective from 12:01 falling loads. The Coast Guard, through Fairness Act of 1996 (Pub. L. 104–121), a.m. November 16, 2006 to 11:59 p.m. this action, intends to promote the we want to assist small entities in January 16, 2007. safety of personnel and vessels in the area. Entry into this zone will be understanding this rule so that they can ADDRESSES: Documents indicated in this better evaluate its effects on them and preamble as being available in the prohibited unless authorized by the Captain of the Port or his representative. participate in the rulemaking. If the rule docket are part of docket CGD13–06– would affect your small business, 054 and are available for inspection or This safety zone will be enforced by Coast Guard personnel. The Captain of organization, or governmental copying at the Waterways Management jurisdiction and you have questions Division, Coast Guard Sector Seattle, the Port may be assisted by other federal, state, or local agencies. concerning its provisions or options for 1519 Alaskan Way South, Seattle, WA, compliance, please contact the person 98134, between 8 a.m. and 3 p.m., Regulatory Evaluation listed in the FOR FURTHER INFORMATION Monday through Friday, except Federal This temporary rule is not a CONTACT section. Small businesses may holidays. ‘‘significant regulatory action’’ under send comments on the actions of FOR FURTHER INFORMATION CONTACT: section 3(f) of Executive Order 12866 Federal employees who enforce, or Lieutenant Junior Grade Jes Hagen, and does not require an assessment of otherwise determine compliance with Waterways Management Division, Coast potential costs and benefits under Federal regulations to the Small Guard Sector Seattle, at (206) 217–6958. section 6(a)(3) of that Order. The Office Business and Agriculture Regulatory SUPPLEMENTARY INFORMATION: of Management and Budget has not Enforcement Ombudsman and the reviewed it under that Order. It is not Regional Small Business Regulatory Background and Purpose significant under the regulatory policies Fairness Boards. The Ombudsman Pursuant to 5 U.S.C. 553, a notice of and procedures of the Department of evaluates these actions annually and proposed rulemaking (NPRM) has not Homeland Security (DHS). rates each agency’s responsiveness to been published for this regulation and We expect the economic impact of small business. If you wish to comment good cause exists for making it effective this temporary rule to be so minimal on actions by employees of the Coast

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Guard, call 1–888–REG–FAIR (1–888– the relationship between the federal requirements, Security measures, 734–3247). government and Indian tribes, or on the Waterways. distribution of power and Collection of Information responsibilities between the federal I For the reasons discussed in the This temporary rule would call for no government and Indian tribes. preamble, the Coast Guard amends 33 new collection of information under the CFR part 165 as follows: Paperwork Reduction Act of 1995 (44 Energy Effects U.S.C. 3501–3520). We have analyzed this rule under PART 165—REGULATED NAVIGATION Executive Order 13211, Actions AREAS AND LIMITED ACCESS AREAS Federalism Concerning Regulations That A rule has implications for federalism Significantly Affect Energy Supply, I 1. The authority citation for part 165 under Executive Order 13132, Distribution, or Use. We have continues to read as follows: Federalism, if it has a substantial direct determined that it is not a ‘‘significant Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. effect on State or local governments and energy action’’ under that order because Chapter 701; 50 U.S.C. 191, 195; 33 CFR would either preempt State law or it is not a ‘‘significant regulatory action’’ 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. impose a substantial direct cost of under Executive Order 12866 and is not 107–295, 116 Stat. 2064; Department of compliance on them. We have analyzed likely to have a significant adverse effect Homeland Security Delegation No. 0170.1. this rule under that Order and have on the supply, distribution, or use of determined that it does not have energy. It has not been designated by the I 2. From 12:01 a.m. November 16, 2006 implications for federalism. Administrator of the Office of to 11:59 p.m. January 16, 2007, a Unfunded Mandates Reform Act Information and Regulatory Affairs as a temporary § 165.T13–041 is added to significant energy action. Therefore, it read as follows: The Unfunded Mandates Reform Act does not require a Statement of Energy of 1995 (2 U.S.C. 1531–1538) requires Effects under Executive Order 13211. § 165.T13–041 Safety Zone: New Tacoma Federal agencies to assess the effects of Narrows Bridge Construction Project, their discretionary regulatory actions. In Technical Standards Bridge Deck Lifting Beams. particular, the Act addresses actions The National Technology Transfer (a) Location. The following is a safety that may result in the expenditure by and Advancement Act (NTTAA) (15 zone: All waters of the Tacoma Narrows, State, local, or tribal government, in the U.S.C. 272 note) directs agencies to use aggregate, or the private sector of voluntary consensus standards in their Washington State, within 500 feet of the $100,000,000 or more in any one year. regulatory activities unless the agency area directly below the bridge deck Though this rule will not result in such provides Congress, through the Office of lifting beams attached to the New expenditure, we do discuss the effects of Management and Budget, with an Tacoma Narrows Bridge, when they are this rule elsewhere in this preamble. explanation of why using these in use. The bridge deck lifting beams standards would be inconsistent with being used will be clearly marked on Taking of Private Property applicable law or otherwise impractical. each end with a white flashing light. This temporary rule would not effect Voluntary consensus standards are (b) Regulations. In accordance with a taking of private property or otherwise technical standards (e.g., specifications the general regulations in Section have taking implications under of materials, performance, design, or 165.23 of this part, no person or vessel Executive Order 12630, Governmental operation; test methods; sampling may enter or remain in the zone except Actions and Interference with procedures; and related management for those persons involved in the Constitutionally Protected Property systems practices) that are developed or construction of the new Tacoma Rights. adopted by voluntary consensus Narrows Bridge, supporting personnel, Civil Justice Reform standards bodies. or other vessels authorized by the This rule does not use technical Captain of the Port or his designated This temporary rule meets applicable standards. Therefore, we did not standards in sections 3(a) and 3(b)(2) of consider the use of voluntary consensus representatives. Vessels and persons Executive Order 12988, Civil Justice standards. granted authorization to enter the safety Reform, to minimize litigation, zone shall obey all lawful orders or eliminate ambiguity, and reduce Environment directions of the Captain of the Port or burden. We have analyzed this rule under his designated representative. Commandant Instruction M16475.1D Protection of Children (c) Applicable dates. This section and Department of Homeland Security applies from 12:01 a.m. November 16, We have analyzed this rule under Management Directive 5100.1, which 2006 to 11:59 p.m. January 16, 2007. Executive Order 13045, Protection of guides the Coast Guard in complying Children from Environmental Health with the National Environmental Policy Dated: November 15, 2006. Risks and Safety Risks. This rule is not Act of 1969 (NEPA) (42 U.S.C. 4321– Stephen P. Metruck, an economically significant rule and 4370f), and have concluded that there Captain, U.S. Coast Guard, Captain of the does not concern an environmental risk are no factors in this case that would Port, Puget Sound. to health or risk to safety that may limit the use of a categorical exclusion [FR Doc. E6–21457 Filed 12–15–06; 8:45 am] disproportionately affect children. under section 2.B.2 of the Instruction. BILLING CODE 4910–15–P Indian Tribal Governments Therefore, this rule is categorically excluded, under figure 2–1, paragraph This rule does not have tribal (34)(g), of the Instruction, from further implications under Executive Order environmental documentation. 13175, Consultation and Coordination with Indian tribal governments, because List of Subjects in 33 CFR Part 165 it does not have a substantial direct Harbors, Marine safety, Navigation effect on one or more Indian tribes, on (water), Reporting and recordkeeping

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DEPARTMENT OF HOMELAND Narrows Bridge. If normal notice and established by this regulation would SECURITY comment procedures were followed, encompass a small area that should not this rule would not become effective impact commercial or recreational Coast Guard until after construction activities were traffic. For the above reasons, the Coast already taking place. Under 5 U.S.C. Guard does not anticipate any 33 CFR Part 165 553(d)(3), the Coast Guard finds that significant economic impact. [CGD13–06–053] good cause exists for making this rule effective less than 30 days after Small Entities IN 1625–AA00 publication in the Federal Register. Under the Regulatory Flexibility Act Making the rule effective after 30 days (5 U.S.C. 601–612), we have considered Safety Zone Regulations, New Tacoma of publication in the Federal Register whether this rule would have a Narrows Bridge Construction Project, would be contrary to public interest significant economic impact on a Construction Barge ‘‘MARMACK 12’’ since immediate action is necessary to substantial number of small entities. AGENCY: Coast Guard, DHS. ensure the safety of vessels and persons The term ‘‘small entities’’ comprises ACTION: Temporary final rule. that transit in the vicinity of the Tacoma small businesses, not-for-profit Narrows Bridge. If normal notice and organizations that are independently SUMMARY: The Coast Guard is comment procedures were followed, owned and operated and are not establishing a temporary safety zone this rule would not become effective dominant in their fields, and around the Barge ‘‘MARMACK 12’’, until after construction activities were governmental jurisdictions with Official Number 1024657, while it is already taking place. populations of less than 50,000. being used for the New Tacoma Narrows Discussion of Rule This rule will affect the following Bridge Construction Project. The zone The Coast Guard is adopting a entities, some of which may be small will extend 500 feet in all directions entities: The owners or operators of from the barge, and will be in effect at temporary safety zone regulation on the waters of Tacoma Narrows, Washington, vessels intending to transit this portion all times during the duration of this of the Tacoma Narrows during the time rule. This zone is only in effect while for the New Tacoma Narrows Bridge construction project. The Coast Guard this regulation is in effect. The zone will the barge is on the navigable waters of not have a significant economic impact the United States, in the Tacoma has determined it is necessary to restrict access to the waters within 500 feet of on a substantial number of small entities Narrows. The Coast Guard is taking this due to its small area, and the limited action to safeguard the public from the construction barge ‘‘MARMACK’’, in order to safeguard people and property duration of the impacts to navigation possible collision with the barge and the caused by the zone. Because the impacts deck sections it is carrying, and from from hazards associated with navigating in the vicinity of moving construction of this rule are expected to be so hazards associated with navigating in minimal, the Coast Guard certifies the vicinity of the barge during equipment. These safety hazards include, but are not limited to, hazards under 605(b) of the Regulatory construction operations. Entry into this Flexibility Act (5 U.S.C. 601–612) that zone is prohibited unless authorized by to navigation, collisions with the barge or its cargo, and disturbance of the load this temporary rule will not have a the Captain of the Port, Puget Sound or significant economic impact on a his designated representatives. on the barge, which could fall or shift, injuring anyone in the vicinity. The substantial number of small entities. DATES: This rule is effective from 12:01 Coast Guard, through this action, a.m. November 16, 2006 to 11:59 p.m. Assistance for Small Entities intends to promote the safety of January 16, 2007. personnel, vessels, and facilities in the Under section 213(a) of the Small ADDRESSES: Documents indicated in this area. Entry into this zone will be Business Regulatory Enforcement preamble as being available in the prohibited unless authorized by the Fairness Act of 1996 (Pub. L. 104–121), docket are part of docket CGD13–06– Captain of the Port or his representative. we want to assist small entities in 053 and are available for inspection or This safety zone will be enforced by understanding this rule so that they can copying at the Waterways Management Coast Guard personnel. The Captain of better evaluate its effects on them and Division, Coast Guard Sector Seattle, the Port may be assisted by other participate in the rulemaking. If the rule 1519 Alaskan Way South, Seattle, WA, federal, state, or local agencies. would affect your small business, 98134, between 8 a.m. and 3 p.m., organization, or governmental Monday through Friday, except Federal Regulatory Evaluation jurisdiction and you have questions holidays. This temporary rule is not a concerning its provisions or options for FOR FURTHER INFORMATION CONTACT: ‘‘significant regulatory action’’ under compliance, please contact the person Lieutenant Junior Grade Jes Hagen, section 3(f) of Executive Order 12866 listed in the FOR FURTHER INFORMATION Waterways Management Division, Coast and does not require an assessment of CONTACT section. Small businesses may Guard Sector Seattle, at (206) 217–6958. potential costs and benefits under send comments on the actions of SUPPLEMENTARY INFORMATION: section 6(a)(3) of that Order. The Office Federal employees who enforce, or of Management and Budget has not otherwise determine compliance with Background and Purpose reviewed it under that Order. It is not Federal regulations to the Small Pursuant to 5 U.S.C. 553, a notice of significant under the regulatory policies Business and Agriculture Regulatory proposed rulemaking (NPRM) has not and procedures of the Department of Enforcement Ombudsman and the been published for this regulation and Homeland Security (DHS). Regional Small Business Regulatory good cause exists for making it effective We expect the economic impact of Fairness Boards. The Ombudsman without publication of an NPRM in the this temporary rule to be so minimal evaluates these actions annually and Federal Register. Publishing a NPRM that a full Regulatory Evaluation under rates each agency’s responsiveness to would be contrary to public interest paragraph 10(e) of the regulatory small business. If you wish to comment since immediate action is necessary to policies and procedures of DHS is on actions by employees of the Coast ensure the safety of vessels and persons unnecessary. This expectation is based Guard, call 1–888–REG–FAIR (1–888– that transit in the vicinity of the Tacoma on the fact that the regulated area 734–3247).

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Collection of Information responsibilities between the federal I For the reasons discussed in the This temporary rule would call for no government and Indian tribes. preamble, the Coast Guard amends 33 CFR part 165 as follows: new collection of information under the Energy Effects Paperwork Reduction Act of 1995 (44 PART 165—REGULATED NAVIGATION U.S.C. 3501–3520). We have analyzed this rule under Executive Order 13211, Actions AREAS AND LIMITED ACCESS AREAS Federalism Concerning Regulations That I 1. The authority citation for part 165 A rule has implications for federalism Significantly Affect Energy Supply, continues to read as follows: under Executive Order 13132, Distribution, or Use. We have Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Federalism, if it has a substantial direct determined that it is not a ‘‘significant energy action’’ under that order because Chapter 701; 50 U.S.C. 191, 195; 33 CFR effect on State or local governments and 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. would either preempt State law or it is not a ‘‘significant regulatory action’’ 107–295, 116 Stat. 2064; Department of impose a substantial direct cost of under Executive Order 12866 and is not Homeland Security Delegation No. 0170.1. compliance on them. We have analyzed likely to have a significant adverse effect I 2. From 12:01 a.m. November 16, 2006 this temporary rule under that Order on the supply, distribution, or use of to 11:59 p.m. January 16, 2007, a and have determined that it does not energy. It has not been designated by the temporary § 165.T13–040 is added to have implications for federalism. Administrator of the Office of Information and Regulatory Affairs as a read as follows: Unfunded Mandates Reform Act significant energy action. Therefore, it § 165.T13–040 Safety Zone: New Tacoma The Unfunded Mandates Reform Act does not require a Statement of Energy Narrows Bridge Construction Project, of 1995 (2 U.S.C. 1531–1538) requires Effects under Executive Order 13211. Construction Barge ‘‘MARMACK 12’’. Federal agencies to assess the effects of Technical Standards (a) Location. The following is a safety their discretionary regulatory actions. In zone: All waters of the Tacoma Narrows, particular, the Act addresses actions The National Technology Transfer Washington State, within 500 feet of the that may result in the expenditure by and Advancement Act (NTTAA) (15 construction barge ‘‘MARMACK 12’’, State, local, or tribal government, in the U.S.C. 272 note) directs agencies to use official number 1024657. aggregate, or the private sector of voluntary consensus standards in their (b) Regulations. In accordance with $100,000,000 or more in any one year. regulatory activities unless the agency the general regulations in Section Though this rule will not result in such provides Congress, through the Office of 165.23 of this part, no person or vessel expenditure, we do discuss the effects of Management and Budget, with an may enter or remain in the zone except this rule elsewhere in this preamble. explanation of why using these for those persons involved in the Taking of Private Property standards would be inconsistent with construction of the new Tacoma applicable law or otherwise impractical. Narrows Bridge, supporting personnel, This temporary rule would not effect Voluntary consensus standards are or other vessels authorized by the a taking of private property or otherwise technical standards (e.g., specifications Captain of the Port or his designated have taking implications under of materials, performance, design, or representatives. Vessels and persons Executive Order 12630, Governmental operation; test methods; sampling granted authorization to enter the safety Actions and Interference with procedures; and related management zone shall obey all lawful orders or Constitutionally Protected Property systems practices) that are developed or directions of the Captain of the Port or Rights. adopted by voluntary consensus his designated representative. Civil Justice Reform standards bodies. (c) Applicable dates. This section applies from 12:01 a.m. November 16, This temporary rule meets applicable This rule does not use technical 2006 to 11:59 p.m. January 16, 2007. standards in sections 3(a) and 3(b)(2) of standards. Therefore, we did not Executive Order 12988, Civil Justice consider the use of voluntary consensus Dated: November 15, 2006. Reform, to minimize litigation, standards. Stephen P. Metruck, eliminate ambiguity, and reduce Environment Captain, U.S. Coast Guard, Captain of the burden. Port, Puget Sound. We have analyzed this rule under [FR Doc. E6–21456 Filed 12–15–06; 8:45 am] Protection of Children Commandant Instruction M16475.1D BILLING CODE 4910–15–P We have analyzed this rule under and Department of Homeland Security Executive Order 13045, Protection of Management Directive 5100.1, which guides the Coast Guard in complying Children from Environmental Health DEPARTMENT OF VETERANS with the National Environmental Policy Risks and Safety Risks. This rule is not AFFAIRS an economically significant rule and Act of 1969 (NEPA) (42 U.S.C. 4321– does not concern an environmental risk 4370f), and have concluded that there 38 CFR Part 3 to health or risk to safety that may are no factors in this case that would disproportionately affect children. limit the use of a categorical exclusion RIN 2900–AM47 under section 2.B.2 of the Instruction. Indian Tribal Governments Therefore, this rule is categorically Extension of the Presumptive Period for Compensation for Gulf War This rule does not have tribal excluded, under figure 2–1, paragraph Veterans implications under Executive Order (34)(g), of the Instruction, from further 13175, Consultation and Coordination environmental documentation. AGENCY: Department of Veterans Affairs. with Indian tribal governments, because List of Subjects in 33 CFR Part 165 ACTION: Interim final rule. it does not have a substantial direct effect on one or more Indian tribes, on Harbors, Marine safety, Navigation SUMMARY: The Department of Veterans the relationship between the federal (water), Reporting and recordkeeping Affairs (VA) is issuing this interim final government and Indian tribes, or on the requirements, Security measures, rule to amend its adjudication distribution of power and Waterways. regulations regarding compensation for

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disabilities resulting from undiagnosed operations during the Persian Gulf War which are produced by the Institute of illnesses suffered by veterans who or to a 10 percent degree or more during Medicine’s (IOM) Committee on Gulf served in the Persian Gulf War. This a presumptive period determined by the War and Health, every 2 years to review amendment is necessary to extend the Secretary. scientific research on Gulf War toxic presumptive period for qualifying Public Law 103–446 directed the exposures. chronic disabilities resulting from Secretary to prescribe by regulation the In 2001, the Secretary extended the undiagnosed illnesses that must become period of time (presumptive period) presumptive period for undiagnosed manifest to a compensable degree in following service in the Southwest Asia illnesses suffered by Persian Gulf War order that entitlement for compensation theater of operations determined to be veterans from December 31, 2001, to be established. The intended effect of appropriate for the manifestation of an December 31, 2006, based upon ongoing this amendment is to provide illness warranting payment of research that would require review by consistency in VA adjudication policy compensation. It further directed that the Secretary. VA published an interim and preserve certain rights afforded to the Secretary’s determination of a final rule amending 38 CFR 3.317 to Persian Gulf War veterans and ensure presumptive period be made only extend the presumptive period to fairness for current and future Persian following a review of any credible December 31, 2006 (an additional 5 Gulf War veterans. medical or scientific evidence and the years). See 66 FR 56614, November 9, DATES: Effective Date: This interim final historical treatment afforded disabilities 2001. rule is effective December 18, 2006. for which manifestation periods have In December 2001, section 202(a) of Comments must be received by VA on been established and taking into Public Law 107–103 amended 38 U.S.C. or before February 16, 2007. account other pertinent circumstances 1117 by revising the term ‘‘chronic regarding the experiences of veterans of ADDRESSES: Written comments may be disability’’ to include the following (or submitted through http:// the Persian Gulf War. any combination of the following): (a) www.Regulations.gov; by mail or hand- II. Background An undiagnosed illness; (b) a medically delivery to Director, Regulations To implement 38 U.S.C. 1117, VA unexplained chronic multisymptom Management (00REG), Department of published a final rule adding a new illness (such as chronic fatigue Veterans Affairs, 810 Vermont Ave., § 3.317 to title 38, Code of Federal syndrome, fibromyalgia, and irritable NW., Room 1068, Washington, DC Regulations. This regulation established bowel syndrome) that is defined by a 20420; or by fax to (202) 273–9026. the framework necessary for the cluster of signs or symptoms; or (c) any Comments should indicate that they are Secretary to pay compensation under diagnosed illness that the Secretary submitted in response to ‘‘RIN 2900– the authority granted by the Persian determines warrants a presumption of AM47—Extension of the Presumptive Gulf War Veterans’ Benefits Act. See 60 service connection. The revised term, Period for Compensation for Gulf War FR 6660, February 3, 1995. As part of ‘‘qualifying chronic disability,’’ has Veterans.’’ All comments received will that rulemaking, VA established a 2- broadened the scope of those health be available for public inspection in the year, post-Gulf War service presumptive outcomes the Secretary may include Office of Regulation Policy and period based primarily on the historical under the presumption of service Management, Room 1063B, between the treatment of disabilities for which connection. Under 38 U.S.C. 1117, a hours of 8 a.m. and 4:30 p.m., Monday manifestation periods have been qualifying chronic disability must still through Friday (except holidays). Please established and pertinent facts known occur during service on active duty in call (202) 273–9515 for an appointment. regarding service in the Southwest Asia the Armed Forces in the Southwest Asia In addition, during the comment period, theater of operations during the Persian theater of operations during the Persian comments are available online through Gulf War. VA determined that there was Gulf War, or to a degree of 10 percent the Federal Docket Management System little or no scientific or medical or more during the presumptive period (FDMS). evidence, at that time, useful in prescribed following such service. FOR FURTHER INFORMATION CONTACT: determining an appropriate presumptive Accordingly, VA amended 38 CFR 3.317 Rhonda F. Ford, Consultant, Regulations period for undiagnosed illnesses. to reflect these changes. See 68 FR Staff, Compensation and Pension Due to the continuing lack of medical 34539, June 10, 2003. Service, Veterans Benefits and scientific evidence about the nature III. Current Research Administration, 810 Vermont Avenue, and cause of the illnesses suffered by NW., Washington, DC 20420, telephone Gulf War veterans and consensus The NAS’ Committee on Gulf War and (202) 273–7210. concerning the inadequacy of the 2-year Health has several meetings planned SUPPLEMENTARY INFORMATION: presumptive period for undiagnosed during 2006 in support of current illnesses, the Secretary determined the research projects. One such research I. Establishing a Presumptive Period presumptive period should be extended project is Physiologic, Psychologic, and In response to the needs and concerns to include illnesses manifest to a 10 Psychosocial Effects of Deployment of veterans of the Persian Gulf War (Gulf percent degree not later than December Related Stress. The objective of this War), Congress enacted the Persian Gulf 31, 2001. On April 29, 1997, VA project is to comprehensively review, War Veterans’ Benefits Act, title I of the published a final rule amending 38 CFR evaluate, and summarize the scientific Veterans’ Benefits Improvements Act of 3.317 to implement this decision. See 62 and medical literature for peer review 1994, Public Law 103–446, which was FR 23138. regarding the association between stress codified in relevant part in title 38, In 1998, Congress enacted Public Law and long-term adverse health effects in United States Code, section 1117. This 105–277 requiring VA to collaborate the Gulf War. law provided authority to the Secretary with the National Academy of Sciences The NAS study is not limited to of Veterans Affairs (Secretary) to (NAS) to review and evaluate available veterans of the Persian Gulf War compensate Gulf War veterans with a scientific evidence regarding deployments of the early 1990s but also chronic disability resulting from an associations between illnesses and includes veterans of current conflicts, undiagnosed illness that became exposure to hazards of Gulf War service. such as Operation Iraqi Freedom, manifest either during service on active Section 1603(i)(3) of Public Law 105– occurring in part, within the Southwest duty in the Southwest Asia theater of 277 required NAS to issue reports, Asia theater of operations.

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In addition to the above-referenced War and Operation Iraqi Freedom, Unfunded Mandates report, we anticipate that the NAS will further delay would be contrary to prepare other reports relevant to Gulf public interest. For the foregoing The Unfunded Mandates Reform Act War veterans’ health, including reports reasons, the Secretary of Veterans of 1995 requires, at 2 U.S.C. 1532, that required by Public Law 105–277 to be Affairs is issuing this rule as an interim agencies prepare an assessment of prepared every 2 years through October final rule. The Secretary will consider anticipated costs and benefits before 1, 2010. These research projects have and address comments that are received issuing any rule that may result in the the potential of bringing much needed on or before February 16, 2007. expenditure by State, local, and tribal information to the Secretary regarding governments, in the aggregate, or by the the establishment of a new, more Paperwork Reduction Act private sector, of $100 million or more definitive, presumptive period for Gulf This document contains no provisions (adjusted annually for inflation) in any War veterans with qualifying chronic constituting a new collection of given year. This rule would have no disabilities. These NAS research information under the Paperwork such effect on State, local, and tribal projects have begun and are currently Reduction Act (44 U.S.C. 3501–3521). governments, or the private sector. ongoing. Presently, VA continues to receive Regulatory Flexibility Act Catalog of Federal Domestic Assistance claims for qualifying chronic Numbers disabilities. In 2005 for example, VA The Secretary hereby certifies that The Catalog of Federal Domestic received 2,241 new claims with this regulatory amendment will not Assistance program numbers and titles are diagnostic codes that would be affected have a significant economic impact on 64.100, Automobiles and Adaptive by this final rule, and we continue to a substantial number of small entities as Equipment for Certain Disabled Veterans and receive such claims during 2006. they are defined in the Regulatory Members of the Armed Forces; 64.101, Burial Flexibility Act, 5 U.S.C. 601–612. Only Conclusion Expenses Allowance for Veterans; 64.102, VA beneficiaries could be directly Compensation for Service-Connected Deaths Currently, military operations in the affected. Therefore, pursuant to 5 U.S.C. Southwest Asia theater of operations for Veterans’ Dependents; 64.103, Life 605(b), this amendment is exempt from Insurance for Veterans; 64.104, Pension for continue, including Operation Iraqi the initial and final regulatory flexibility Freedom. No end date for the Gulf War Non-Service-Connected Disability for analysis requirements of sections 603 Veterans; 64.105, Pension to Veterans has been established by Congress or the and 604. President. See 38 U.S.C. 101(33). Surviving Spouses, and Children; 64.106, Because scientific uncertainty remains Executive Order 12866 Specially Adapted Housing for Disabled Veterans; 64.109, Veterans Compensation for as to the cause of illnesses suffered by Service-Connected Disability; 64.110, Persian Gulf War veterans and current Executive Order 12866 directs Veterans Dependency and Indemnity IOM research studies are incomplete, agencies to assess all costs and benefits Compensation for Service-Connected Death; limiting entitlement to benefits payable of available regulatory alternatives and, 64.114, Veterans Housing-Guaranteed and under 38 U.S.C. 1117 due to the when regulation is necessary, to select regulatory approaches that maximize Insured Loans; 64.115, Veterans Information expiration of the presumptive period in and Assistance; 64.116,Vocational 38 CFR 3.317 is premature. If extension net benefits (including potential economic, environmental, public health Rehabilitation for Disabled Veterans; 64.117, of the current presumptive period is not Survivors and Dependents Educational implemented, servicemembers and safety, and other advantages; distributive impacts; and equity). The Assistance; 64.118, Veterans Housing-Direct conducting military operations in the Loans for Certain Disabled Veterans; 64.119, Southwest Asia theater of operations Executive Order classifies a ‘‘significant regulatory action,’’ requiring review by Veterans Housing-Manufactured Home after December 31, 2006, could be Loans; 64.120, Post-Vietnam Era Veterans’ substantially disadvantaged compared the Office of Management and Budget (OMB) unless OMB waives such review, Educational Assistance; 64.124, All- to servicemembers who previously Volunteer Force Educational Assistance; as any regulatory action that is likely to served in the same theater of operations. 64.125, Vocational and Educational result in a rule that may: (1) Have an Therefore, VA is extending the Counseling for Servicemembers and annual effect on the economy of $100 presumptive period in 38 CFR 3.317 for Veterans; 64.126, Native American Veteran million or more or adversely affect in a qualifying chronic disabilities that Direct Loan Program; 64.127, Monthly become manifest to a degree of 10 material way the economy, a sector of Allowance for Children of Vietnam Veterans percent or more through December 31, the economy, productivity, competition, Born with Spina Bifida; and 64.128, 2011 (a period of 5 years), to ensure jobs, the environment, public health or Vocational Training and Rehabilitation for those benefits established by Congress safety, or State, local, or tribal Vietnam Veterans’ Children with Spina are fairly administered. governments or communities; (2) Create Bifida or Other Covered Birth Defects. a serious inconsistency or otherwise Administrative Procedure Act interfere with an action taken or List of Subjects in 38 CFR Part 3 The Secretary of Veterans Affairs planned by another agency; (3) finds that there is good cause under the Materially alter the budgetary impact of Administrative practice and provisions of 5 U.S.C. 553(b)(3)(B), to entitlements, grants, user fees, or loan procedure, Claims, Health care, publish this rule without prior programs or the rights and obligations of Individuals with disabilities, Pensions, opportunity for public comment. In recipients thereof; or (4) Raise novel Veterans, Vietnam. light of the fast approaching expiration legal or policy issues arising out of legal Approved: September 26, 2006. date of the current presumptive period mandates, the President’s priorities, or Gordon H. Mansfield, of December 31, 2006, the Secretary the principles set forth in the Executive Deputy Secretary of Veterans Affairs. finds delay for the purpose of soliciting Order. VA has examined the economic, public comment impracticable, and legal, and policy implications of this I For the reasons set forth in the because expiration of this rule would Interim final rule and has concluded preamble, 38 CFR part 3 is amended as prohibit VA’s delivery of important that it is a significant regulatory action follows: benefits to some veterans of the Gulf under Executive Order 12866.

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PART 3—ADJUDICATION under DoD’s college fund program will regulations governing the MGIB apply to individuals, who are eligible, program by adding new 38 CFR 21.7080. Subpart A—Pension, Compensation, on or after October 1, 1998, the date of Since 38 U.S.C. 3020(h) provides that and Dependency and Indemnity enactment of the Strom Thurmond a dependent transferee has the same Compensation National Defense Authorization Act for MGIB entitlement as the transferor, new Fiscal Year 1999. VA will apply the I 1. The authority citation for part 3, 38 CFR 21.7080(a) lists the regulations increased maximum college fund subpart A continues to read as follows: in 38 CFR part 21 that apply to amount to individuals first entering the individuals in receipt of transferred Authority: 38 U.S.C. 501(a), unless Armed Forces after September 30, 1998. entitlement. otherwise noted. FOR FURTHER INFORMATION CONTACT: As it is at the discretion of the § 3.317 [Amended] Lynn M. Nelson (225C), Education Secretary concerned to approve transfer I 2. In § 3.317, paragraph (a)(1)(i) is Advisor, Veterans Benefits entitlement, and not every amended by removing ‘‘December 31, Administration, Department of Veterans servicemember will be permitted to do 2006’’ and adding, in its place, Affairs, 810 Vermont Avenue, NW., so, VA must have some evidence of the ‘‘December 31, 2011’’. Washington, DC 20420, 202–273–7294. approval prior to payment of benefits. SUPPLEMENTARY INFORMATION: This Thus, § 21.7080(b) provides that VA will [FR Doc. E6–21531 Filed 12–15–06; 8:45 am] document amends VA’s regulations set accept a copy of the reenlistment BILLING CODE 8320–01–P forth in 38 CFR part 21 concerning the contract attachment (DD Form 2366–2) MGIB program to implement provisions that DoD issues to individuals granted permitting the transfer of MGIB the transferability option or any other DEPARTMENT OF VETERANS entitlement to dependents and to reflect comparable document issued and AFFAIRS the maximum amount of additional signed by an appropriate service 38 CFR Part 21 educational assistance payable under department official. DoD’s college fund program. Section 3020 of title 38, United States RIN 2900–AM12 I. Transfer of MGIB Entitlement Code, permits the transfer of entitlement to an approved servicemember’s child Transfer of Montgomery GI Bill-Active Section 654 of the National Defense or children. A stepchild meets the Duty Entitlement to Dependents Authorization Act for Fiscal Year 2002 definition of child for VA purposes if (Pub. L. 107–107), added section 3020 to AGENCY: Department of Veterans Affairs. the stepchild is a member of the title 38, United States Code, authorizing ACTION: Final rule. veteran’s household (38 U.S.C. 101(4); DoD to permit certain individuals to 38 CFR 3.57). Section 21.7080(c)(4) SUMMARY: This rule amends Department transfer some of their MGIB entitlement provides that a stepchild, who is a of Veterans Affairs (VA) regulations to to their dependents. The Bob Stump member of the servicemember’s implement VA’s authority under the National Defense Authorization Act for household or who has maintained National Defense Authorization Act for Fiscal Year 2003 (Pub. L. 107–314) normal family ties while temporarily Fiscal Year 2002 and the Bob Stump amended 38 U.S.C. 3020 to clarify the absent from the household, is an eligible National Defense Authorization Act for rate of payment of educational transferee. assistance allowance to dependents in Fiscal Year 2003 to provide educational Section 3032(a)(1) of title 38, United receipt of transferred entitlement. VA is assistance to dependents eligible for States Code, places limitations on amending its regulations to implement transferred Montgomery GI Bill-Active educational assistance for individuals the provisions in 38 U.S.C. 3020 as Duty (MGIB) entitlement. The who are on active duty. However, described in this final-rule notice. legislation authorized the Department of section 3020(h)(3)(A) specifically Section 3020 authorizes the Secretary of Defense (DoD) to offer individuals in the provides that these limitations do not each service department, or the Armed Forces, who have critical apply to eligible dependents. military skills, the option to transfer up Secretary of Defense with respect to the Coast Guard or the Secretary of Nonetheless, VA is not allowing an to 18 months of their MGIB entitlement Homeland Security when the Coast individual, who is eligible for the to their dependents as a reenlistment Guard is not operating as a service in Selected Reserve ‘‘kicker,’’ to transfer incentive. In addition, the rule the Navy, at such Secretary’s sole the ‘‘kicker’’ to his or her dependent implements a provision in the Strom discretion, to permit a servicemember, because there are no provisions in title Thurmond National Defense who is entitled to MGIB, to transfer up 10, United States Code, that authorize Authorization Act for Fiscal Year 1999, to 18 months of his or her MGIB such a transfer. The Selected Reserve which increased the maximum amount entitlement to his or her eligible kicker is an amount of money that DoD of benefits payable under DoD’s college dependents. The statute further authorizes for certain Selected Reserve fund program. provides the— members under the authority of 10 DATES: Effective Date: This final rule is • Eligibility criteria for both the U.S.C. 16131(i)(2) and is a benefit effective December 18, 2006. individual transferring the entitlement provided in addition to the amount Applicability Dates. VA will apply the and the dependent; otherwise payable under 38 U.S.C. 3015. amendments in this final rule in • Limits on months of entitlement Based on the lack of statutory authority accordance with the effective dates that may be transferred; in title 10, we will not include the specified by Congress for the statutory • Administrative provisions transferor’s ‘‘Selected Reserve kicker’’ changes. Therefore, the transfer of (including designations, revocations, when determining the amount payable entitlement provisions of this rule will and modifications of transferred to a dependent under 38 CFR apply to individuals, who are eligible, entitlement); and 21.7080(k). However, if the dependent is on or after December 28, 2001, the date • Special provisions in the event of eligible for a Selected Reserve kicker of enactment of the National Defense an overpayment of educational based on his or her own Selected Authorization Act for Fiscal Year 2002. assistance allowance. Reserve service, we will increase the The provisions of this rule addressing These statutory changes are being MGIB educational assistance transferred the maximum monthly amount payable incorporated in VA’s existing to the dependent by the amount of the

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kicker in accordance with 10 U.S.C. Secretary concerned determines the III. Clerical Changes, Revisions for 16131(i)(2). amount of the college fund payment to Clarity or Simplification of Application In 38 CFR 21.7080(l), we state that a these individuals. VA is updating its We are amending 38 CFR 21.7131(h) dependent is not entitled to educational regulations, 38 CFR 21.7136, to include and 38 CFR 21.7135(p)(1) to remove assistance for training pursued in an on- this increase. cross references to former 38 CFR the-job training or apprenticeship In updating § 21.7136, VA is also 21.7139(e), (f), and (g). program during periods the transferor is correcting an earlier technical oversight We are amending 38 CFR on active duty. This restriction that failed to set forth the maximum 21.7135(a)(2) by adding the words ‘‘his implements 38 U.S.C. 3002(3), which amount payable under the DoD college provides that an authorized program of fund program. This oversight has not or her’’ before ‘‘program of education.’’ education for MGIB purposes includes harmed those eligible for the increased We are amending 38 CFR on-the-job training or apprenticeship college fund because VA, regardless of 21.7138(c)(1) to provide the correct programs only for those individuals the regulatory error, has been paying cross-reference to § 21.7136. who are not on active duty. educational assistance that includes the We are amending 38 CFR 21.7139(b) Section 21.7080(n) addresses the maximum college fund when and (c) by combining them into new maximum months of entitlement and appropriate and as authorized by DoD. § 21.7137(b) for purposes of concurrent receipt of educational For clarity, VA is further amending 38 simplification. In addition, we are assistance for a dependent, who is CFR 21.7137(b) to provide that if there amending several cross references in eligible for MGIB through his or her is no cost for a course, educational § 21.7139 because of revisions in own military service and through assistance is not payable. Section §§ 21.7136 and 21.7137. transferred entitlement. Section 3033 of 3032(a) of title 38, United States Code, Administrative Procedure Act title 38, United States Code, does not provides that the amount of educational bar an individual’s receipt of MGIB assistance payable to an active duty Changes to 38 CFR part 21 are being benefits based on his or her own servicemember or an individual training published without regard to the notice- and-comment and delayed-effective- military service concurrently with at less than 1⁄2-time is the lesser of the educational assistance payable via rate otherwise payable or the cost of the date provisions of 5 U.S.C. 553 because transferred entitlement. We note that 38 tuition and fees. Consequently, if there they conform VA’s existing rules to U.S.C. 3695 limits the period of is no cost, nothing is payable. statutory amendments. Accordingly, assistance (months of entitlement) when We are also amending 38 CFR 21.7137 these changes involve procedural and an individual is entitled to educational to remove paragraph (d). Public Law interpretive rules exempt from the assistance under two or more programs. 105–261 amended 38 U.S.C. 3015(d) to notice-and-comment and delayed- However, this limitation does not apply authorize the service departments to effective-date requirements of 5 U.S.C. when the individual is entitled to MGIB increase the basic MGIB educational 553(b) and (d). educational assistance through assistance allowance to $950 per month Executive Order 12866 transferred entitlement and MGIB for certain individuals, who first became educational assistance based on the members of the Armed Forces on or Executive Order 12866 directs individual’s own military service after October 1, 1998. Currently only agencies to assess all costs and benefits because the benefits are provided under those individuals, who meet the of available regulatory alternatives and, one program (38 U.S.C. chapter 30). requirements of 38 U.S.C. 3011(a)(1)(B) when regulation is necessary, to select Section 3020(h)(4) of title 38, United or (C), or 3012(a)(1)(B) or (C), are regulatory approaches that maximize States Code, provides that the death of eligible for the enhanced educational net benefits (including potential the transferor will not affect the assistance rates set forth in current economic, environmental, public health tranferee’s entitlement. Section § 21.7137. Such rates may be awarded at and safety, and other advantages; 21.7050(h)(2) and (i)(2) provide that the the discretion of the Secretary of the distributive impacts; and equity). The ending date of eligibility for dependents service department concerned. Executive Order classifies a ‘‘significant of a transferor, who dies on active duty However, these individuals, who meet regulatory action,’’ requiring review by without specifying an eligibility the requirements of 38 U.S.C. the Office of Management and Budget, termination date, is 10 years from the 3011(a)(1)(B) or (C), or 3012(a)(1)(B) or as any regulatory action that is likely to date of the transferor’s death. This is (C), first became members of the Armed result in a rule that may: (1) Have an consistent with the generally applicable Forces before July 1, 1985, and thus do annual effect on the economy of $100 eligibility period of 10 years following not qualify for the additional amount million or more or adversely affect in a the date of discharge or release from provided in 38 U.S.C. 3015(d), as material way the economy, a sector of active duty. Regardless, a dependent amended by Public Law 105–261. Prior the economy, productivity, competition, child’s eligibility will end at age 26 in to the enactment of Public Law 105– jobs, the environment, public health or accordance with 38 U.S.C. 3020(h)(5), 261, the law did not proscribe these safety, or State, local, or tribal even if the 10-year period has not additional payments to certain governments or communities; (2) Create expired. individuals, who had prior service or a serious inconsistency or otherwise who entered the Armed Forces before interfere with an action taken or II. Increased Maximum Amount of DoD October 1, 1998. Nonetheless, the planned by another agency; (3) College Fund ‘‘Kicker’’ service departments did not offer the Materially alter the budgetary impact of Effective October 1, 1998, the Strom additional payments to individuals who entitlements, grants, user fees, or loan Thurmond National Defense entered the Armed Forces before July 1, programs or the rights and obligations of Authorization Act for Fiscal Year 1999 1985. VA is removing paragraph (d) of recipients thereof; or (4) Raise novel (Pub. L. 105–261) amended 38 U.S.C. § 21.7137 because the statutory legal or policy issues arising out of legal 3015 to increase the maximum amount amendment only applies to service on mandates, the President’s priorities, or payable under DoD’s college fund or after October 1, 1998, and because the the principles set forth in the Executive program for certain individuals, who service departments never provided the Order. first become members of the Armed additional payment to any individual The economic, interagency, Forces after September 30, 1998. The who entered service before that date. budgetary, legal, and policy

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implications of this final rule have been substantial number of small entities as Duty program based on his or her own examined and it has been determined they are defined in the Regulatory active duty service; and that it is a significant regulatory action Flexibility Act. This final rule directly (ii) Approved by the service under the Executive Order because it affects only individuals and does not department to transfer a portion of his may raise novel legal or policy issues directly affect small entities. Therefore, or her entitlement to his or her arising out of legal mandates, the this final rule is also exempt pursuant dependent or dependents. President’s priorities, or the principles to 5 U.S.C. 605(b) from the initial and (Authority: 38 U.S.C. 3020) set forth in the Executive Order. final regulatory flexibility analyses requirements of sections 603 and 604. (59) Transferee. The term transferee Paperwork Reduction Act means an individual to whom The filing requirements in new 38 Catalog of Federal Domestic Assistance entitlement has been transferred. CFR 21.7080(b), (e), (g), and (h) are not Program Numbers (Authority: 38 U.S.C. 3020) considered collections of information The Catalog of Federal Domestic I under the Paperwork Reduction Act (44 Assistance number and title for the program 3. Amend § 21.7050 to add paragraphs U.S.C. 3501–321) because they apply to affected by this final rule is 64.124, All- (h) and (i) immediately after the less than 10 persons within any 12- Volunteer Force Educational Assistance. authority citation at the end of paragraph (g), to read as follows: month period. List of Subjects in 38 CFR Part 21 The filings information referenced in § 21.7050 Ending dates of eligibility. § 21.7080(b) is a one-time submission to Administrative practice and establish that the transferor was procedure, Armed forces, Civil rights, * * * * * approved by a service department to Claims, Colleges and universities, (h) Time limitation for a spouse participate in the transferability Conflict of interests, Education, eligible for transferred entitlement. (1) program. The collection in § 21.7080(e) Employment, Grant programs— Unless the transferor dies while on is generally a one-time collection. education, Grant programs—veterans, active duty, the ending date of the The filings information referenced in Health care, Loan programs—education, eligibility period for a spouse, who is paragraphs (g) and (h) of § 21.7080 Loan programs—veterans, Manpower eligible for transferred entitlement apply to modifications and revocations training programs, Reporting and under § 21.7080, is the earliest of the of the transferor’s designation of recordkeeping requirements, Schools, following dates: transfer. Although early in the program, Travel and transportation expenses, (i) The transferor’s ending date of VA has not received any modification or Veterans, Vocational education, eligibility as determined under this revocation requests. Vocational rehabilitation. section; (ii) The ending date the transferor Due to the small universe of Approved: September 8, 2006. servicemembers approved to transfer specified, if the transferor specified the Gordon H. Mansfield, period for which the transfer was entitlement and the low volume of Deputy Secretary of Veterans Affairs. dependents who have requested effective; or educational assistance via transferred I For the reasons stated in the preamble, (iii) The effective date of the entitlement since the program began, the Department of Veterans Affairs transferor’s revocation of transfer of and the varying ages of the transferor’s amends 38 CFR part 21, subpart K, as entitlement as determined under children, VA does not anticipate follows: § 21.7080(g)(2). collecting information from 10 or more (2) If the transferor dies while on PART 21—VOCATIONAL persons in any year under any of the active duty, the ending date of the REHABILITATION AND EDUCATION above mentioned paragraphs of eligibility period for a spouse, who is § 21.7080. Subpart K—All Volunteer Force eligible for transferred entitlement under § 21.7080, is the earliest of the Unfunded Mandates Educational Assistance Program (Montgomery GI Bill—Active Duty) following dates: The Unfunded Mandates Reform Act (i) The date 10 years from the of 1995 requires, at 2 U.S.C. 1532, that I 1. The authority citation for part 21, transferor’s date of death; agencies prepare an assessment of subpart K continues to read as follows: (ii) The ending date the transferor anticipated costs and benefits before Authority: 38 U.S.C. 501(a), chs. 30, 36, specified, if the transferor specified the developing any rule that may result in unless otherwise noted. period for which the transfer was an expenditure by State, local, and tribal effective; or governments, in the aggregate, or by the I 2. Amend § 21.7020 to revise (iii) The effective date of the private sector, of $100 million or more paragraph (b)(9)(i) and to add transferor’s revocation of transfer of (adjusted annually for inflation) in any paragraphs (b)(58) and (b)(59) entitlement as determined under given year. This rule would have no immediately following the authority § 21.7080(g)(2). citation at the end of paragraph (b)(57), such effect on State, local, and tribal (Authority: 38 U.S.C. 3020) governments, or on the private sector. to read as follows: (i) Time limitation for a child eligible Regulatory Flexibility Act § 21.7020 Definitions. for transferred entitlement. (1) Unless The initial and final regulatory * * * * * the transferor dies while on active duty, flexibility analyses requirements of (b) * * * the ending date of the eligibility period sections 603 and 604 of the Regulatory (9) * * * for a child, who is eligible for Flexibility Act, 5 U.S.C. 601–612, are (i) A spouse as defined in § 3.50(a) of transferred entitlement under § 21.7080 not applicable to this rule, because a this chapter, is the earliest of the following dates: notice of proposed rulemaking is not * * * * * (i) The transferor’s ending date of required for this rule. Even so, the (58) Transferor. The term transferor eligibility as determined under this Secretary of Veterans Affairs hereby means an individual, who is— section; certifies that this final rule will not have (i) Entitled to educational assistance (ii) The ending date the transferor a significant economic impact on a under the Montgomery GI Bill—Active specified, if the transferor specified the

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period for which the transfer was any time and that VA may only extend (ii) Section 21.7151—Advance effective; a child’s ending date to the date the payment and accelerated payment (iii) The effective date of the child attains age 26. certifications; transferor’s revocation of transfer of (Authority: 38 U.S.C. 3020) (iii) Section 21.7152—Certification of entitlement as determined under enrollment; § 21.7080(g)(2); or (4) Entitlement. (i) Section 21.7070— (iv) Section 21.7153—Progress and (iv) The day the child attains age 26. Entitlement; conduct; (2) If the transferor dies while on (ii) Section 21.7075—Entitlement to (v) Section 21.7154—Pursuit and active duty, the ending date of the tuition assistance top-up; and absences; eligibility period for a child, who is (iii) Section 21.7076—Entitlement (vi) Section 21.7156—Other required eligible for transferred entitlement charges. reports; under § 21.7080, is the earliest of the (Authority: 38 U.S.C. 3020) (vii) Section 21.7158—False, late, or following dates: missing reports; and (5) Counseling. (i) Section 21.7100— (viii) Section 21.7159—Reporting fee. (i) The date 10 years from the Counseling; and transferor’s date of death; (ii) Section 21.7103—Travel expenses. (Authority: 38 U.S.C. 3020) (ii) The ending date the transferor (Authority: 38 U.S.C. 3020) (10) Course Assessment. (i) Section specified, if the transferor specified the 21.7170—Course measurement; and period for which the transfer was (6) Programs of Education. (i) Section (ii) Section 21.7172—Measurement of effective; 21.7110—Selection of program of concurrent enrollments. (iii) The effective date of the education; transferor’s revocation of transfer of (ii) Section 21.7112—Programs of (Authority: 38 U.S.C. 3020) entitlement as determined under education combining two or more types (11) State approving agencies. Section § 21.7080(g)(2); or of courses; and 21.7200—State approving agencies. (iv) The day the child attains age 26. (iii) Section 21.7114—Change of (Authority: 38 U.S.C. 3020) program. (Authority: 38 U.S.C. 3020) (12) Approval of courses. (i) Section I 4. An undesignated center heading (Authority: 38 U.S.C. 3020) 21.7220—Course approval; and and § 21.7080 are added to read as (7) Courses. (i) Section 21.7120— (ii) Section 21.7222—Courses and follows: Courses included in programs of enrollments which may not be Transfer of Entitlement to Basic education; approved. Educational Assistance to Dependents (ii) Section 21.7122—Courses (Authority: 38 U.S.C. 3020) precluded; and (13) Administrative. (i) Section § 21.7080 Transfer of entitlement. (iii) Section 21.7124—Overcharges. 21.7301—Delegations of authority; An individual entitled to educational (Authority: 38 U.S.C. 3020) (ii) Section 21.7302—Finality of assistance under the Montgomery GI decisions; Bill—Active Duty (38 U.S.C. chapter 30) (8) Payments—Educational Assistance. (i) Section 21.7130— (iii) Section 21.7303—Revision of program based on his or her own active decisions; duty service, and who is approved by a Educational Assistance; (ii) Section 21.7131—Commencing (iv) Section 21.7305—Conflicting service department to transfer a portion interests; of his or her entitlement, may transfer dates, except for paragraphs (d), (g), (l), (m), (n), (o), and (p) of § 21.7131; (v) Section 21.7307—Examination of up to a total of 18 months of his or her records; entitlement to a dependent (or among (iii) Section 21.7133—Suspension or discontinuance of payments; (vi) Section 21.7310—Civil rights; and dependents). A transferor may not (vii) Section 21.7320—Procedural (iv) Section 21.7135—Discontinuance transfer an amount of entitlement that is protection; reduction following loss of dates, except for paragraphs (q), (s) and greater than the entitlement he or she dependent. has available. (u) of § 21.7135; (a) Application of sections in subpart (v) Section 21.7139—Conditions (Authority: 38 U.S.C. 3020) K to individuals in receipt of transferred which result in reduced rates or no (b) Proof of transfer of entitlement entitlement. In addition to the rules in payment, except for paragraph (c) of option. An individual transferring this section, the following sections § 21.7139. VA will apply the rules in entitlement, or the dependent to whom apply to a dependent in the same paragraph (d) of § 21.7139 to entitlement is transferred, must submit manner as they apply to the individual dependents, who are on active duty; to VA— from whom entitlement was transferred. (vi) Section 21.7140—Certifications (1) A copy of DD Form 2366–2, (1) Definitions. Section 21.7020— and release of payments; entitled ‘‘Montgomery GI Bill Act of Definitions. (vii) Section 21.7141—Tutorial 1984 (MGIB) Transferability Program’’; assistance; or (Authority: 38 U.S.C. 3020) (viii) Section 21.7142—Accelerated (2) Any other document issued and (2) Claims and Applications. Section payments; signed by the transferor’s service 21.7030—Applications, claims, and (ix) Section 21.7143—Nonduplication department that shows the transferor is time limits. of educational assistance; and authorized to transfer entitlement. (Authority: 38 U.S.C. 3020) (x) Section 21.7144—Overpayments, (Authority: 38 U.S.C. 3020) except that the dependent and transferor (3) Eligibility. (i) Section 21.7050— are jointly and severally liable for any (c) Eligible dependents. (1) An Ending dates of eligibility, only amount of overpayment of educational individual transferring entitlement paragraphs (h) and (i); and assistance to the dependent. under this section may transfer (ii) Section 21.7051—Extended period entitlement to— of eligibility, except that extensions to (Authority: 38 U.S.C. 3020) (i) The individual’s spouse; dependents are subject to the (9) Pursuit of courses. (i) Section (ii) One or more of the individual’s transferor’s right to revoke transfer at 21.7150—Pursuit; children; or

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(iii) A combination of the individuals (ii) Divided among his or her the educational assistance rate that referred to in paragraphs (c)(1)(i) and (ii) designated dependents in any manner would apply to the transferor. VA will of this section. he or she chooses. pay the dependent the monthly rate of (2) A spouse must meet the definition (Authority: 38 U.S.C. 3020) educational assistance that would be of spouse in § 3.50(a) of this chapter. payable to the transferor except that VA (3) A child must meet the definition (g) Revocation of transferred will— of child in § 3.57 of this chapter. The entitlement. (1) A transferor may revoke (1) Exclude the transferor’s kicker for transferor must make the required any unused portion of transferred service in the Selected designation shown in § 21.7080(e)(1) entitlement any time by submitting a Reserve(§§ 21.7136(g) and 21.7137(e)) if before the child attains age 23. written notice to both the Secretary of the transferor is eligible for such kicker; (4) A stepchild, who meets VA’s Veterans Affairs and the Secretary of the (2) Include the dependent’s Selected definition of child in § 3.57 of this service department that initially Reserve kicker, if the dependent is chapter and is temporarily not living approved the transferor to transfer eligible for a kicker from the Selected with the transferor, remains a member entitlement. VA will accept a copy of Reserve based on the dependent’s own of the transferor’s household if the the written notice addressed to the Selected Reserve service; and actions and intentions of the stepchild service department as sufficient written (3) Disregard the fact that either the and transferor establish that normal notification to VA. transferor or the dependent is on (or family ties have been maintained during (2) The revocation will be effective both are on) active duty and pay the the temporary absence. the later of— veteran rate rather than the rate (i) The date VA receives the notice of applicable to individuals on active duty. (Authority: 38 U.S.C. 3020) revocation; or (Authority: 10 U.S.C. 16131; 38 U.S.C. (d) Timeframe during which an (ii) The date the service department 3020(h)) concerned receives the notice of individual may transfer entitlement. An (l) Restriction on payment of revocation. individual approved by his or her educational assistance to a dependent service department to transfer (Authority: 38 U.S.C. 3020) pursuing an on-the-job training or entitlement may do so at any time after (h) Modifying a transfer of apprenticeship program while transferor such approval up until the transferor’s entitlement. (1) A transferor may modify is on active duty. A dependent is not ending date of eligibility as determined the designations he or she made under entitled to educational assistance for under § 21.7050. paragraph (e) of this section at any time. training pursued in an on-the-job (Authority: 38 U.S.C. 3020) Any modification made will apply only training or apprenticeship program (e) Designating dependents, to any unused transferred entitlement. during periods the transferor is on designating the amount to transfer, and The transferor must submit a written active duty. period of transfer. (1) An individual notice to both the Secretary of Veterans (Authority: 38 U.S.C. 3002(3), 3020(h)) transferring entitlement under this Affairs and the Secretary of the service (m) Transferor fails to complete section must— department that initially approved the required service contract that afforded (i) Designate the dependent or transferor to transfer entitlement. VA participation in the transferability dependents to whom such entitlement will accept a copy of the written notice program. (1) The dependents are not is being transferred; addressed to the service department as eligible for transferred entitlement if the (ii) Designate the number of months of sufficient written notification to VA. transferor fails to complete the amount (2) The modification will be effective entitlement to be transferred to each of active duty service he or she agreed the later of— dependent; and to serve in the Armed Forces in order (i) The date VA receives the notice of (iii) Specify the beginning date and to participate in the transferability modification; or ending date of the period for which the program, unless the transferor did not (ii) The date the service department transfer is effective for each dependent. complete the active duty service due concerned receives the notice of (2) VA will accept the transferor’s to— designations as shown on a copy of DD modification. (i) His or her death; Form 2366–2, Montgomery GI Bill Act (Authority: 38 U.S.C. 3020) (ii) A service-connected disability; of 1984 Transferability Program, or on (i) Entitlement charge to transferor. (iii) A medical condition which any document signed by the transferor VA will reduce the transferor’s preexisted such service on active duty that shows the information required in entitlement at the rate of 1 month of and which the Secretary of VA paragraphs (e)(1)(i) through (e)(1)(iii) of entitlement for each month of determines is not service-connected; this section. (iv) A hardship; or transferred entitlement used by the (v) A physical or mental condition (Authority: 38 U.S.C. 3020) dependents. that was not characterized as a disability (f) Maximum months of entitlement (Authority: 38 U.S.C. 3020) and did not result from the individual’s transferable. (1) The maximum amount (j) Secondary school diploma (or own willful misconduct, but that did of entitlement a transferor may transfer equivalency certificate). Children, who interfere with the individual’s is the lesser of— have attained age 18, and spouses may performance of duty, as determined by (i) Eighteen months of his or her use transferred entitlement to pursue the Secretary of each service entitlement; or and complete the requirements of a department. (ii) The amount of entitlement he or secondary school diploma (or (2) VA will treat all payments of she has available. equivalency certificate). educational assistance to dependents as (2) Subject to the limitations in overpayments if the transferor does not paragraph (f)(1) of this section, the (Authority: 38 U.S.C. 3020) complete the required service unless the transferor may transfer up to the (k) Rate of payment of educational transferor does not complete the maximum amount of transferable assistance. VA will apply the rules in required service due to one of the entitlement— § 21.7136 or § 21.7137 (and the rules in reasons stated in paragraphs (m)(1)(i) (i) To one dependent; or § 21.7138 when applicable) to determine through (v) of this section.

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(Authority: 38 U.S.C. 3020, 38 U.S.C. transferred entitlement under § 21.7080, the date he or she exhausts the 3011(a)(1)(A)(ii)) the commencing date of the award of entitlement. (n) Dependent is eligible for educational assistance will be no earlier (Authority: 38 U.S.C. 3020) educational assistance under this than the latest of the following dates: section and is eligible for educational (1) The date the Secretary of the (ee) Transferor revokes transfer of assistance under 38 U.S.C. chapter 30 service department concerned approves entitlement. If the transferor revokes a based on his or her own active duty the transferor to transfer entitlement; transfer of entitlement, the dependent’s service. Dependents eligible for (2) The date the transferor completes date of discontinuance is the effective payment of educational assistance 10 years of service in the Armed Forces; date of the revocation of transfer as through transferred entitlement and (3) The date the transferor specified in determined under § 21.7080(g)(2). who are eligible for payment under 38 his or her designation of transfer; (Authority: 38 U.S.C. 3020) U.S.C. chapter 30 based on their own (4) The date the child first meets the (ff) Transferor fails to complete active service— definition of child in § 3.50(a) of this additional active duty service (1) May receive educational assistance chapter; requirement. VA will discontinue each payable under this section and (5) Either— award of educational assistance given to educational assistance payable based on (i) The date the child completes the a dependent, effective the first date of their own active duty service for the requirements of a secondary school each such award when— same course. diploma (or equivalency certificate); or (1) The transferor fails to complete the (2) Are not subject to the 48 months (ii) The date the child attains age 18. additional active duty service limit on training provided for in § 21.4020 when combining transferred (Authority: 38 U.S.C. 3020) requirement that afforded him or her the entitlement with their own entitlement I 6. Amend § 21.7135 to revise opportunity to transfer entitlement to earned under 38 U.S.C. chapter 30 as paragraphs (a)(2), (p)(1), and (r) and to educational assistance; and long as the only educational assistance add new paragraphs (dd) through (ii) (2) The service department discharges paid is under 38 U.S.C. chapter 30. If immediately after the authority citation the transferor for a reason other than the dependent is awarded educational at the end of paragraph (cc), to read as one of the reasons stated in assistance under another program listed follows: § 21.7080(m)(1). in § 21.4020 (other than 38 U.S.C. (Authority: 38 U.S.C. 3020) § 21.7135 Discontinuance dates. chapter 30), the 48 months limit on (gg) Spouse eligible for transferred training will apply. * * * * * (a) * * * entitlement and transferor divorce. If a (Authority: 38 U.S.C. 3020, 3033, 3034(a), (2) In all other cases if the veteran or spouse eligible for transferred 3695) servicemember dies while pursuing his entitlement and the transferor divorce, I 5. Amend § 21.7131 to revise or her program of education, the the spouse’s discontinuance date is the paragraph (h) introductory text and to discontinuance date of educational date of the divorce. add new paragraphs (r) and (s) assistance shall be the last date of (Authority: 38 U.S.C. 101(31), 103, 3020) immediately after the authority citation attendance. (hh) Child eligible for transferred at the end of paragraph (q), to read as * * * * * entitlement marries. If a child eligible follows: (p) * * * (1) The provisions of this for transferred entitlement marries, the § 21.7131 Commencing dates. paragraph apply to a veteran or date of discontinuance is the date the * * * * * servicemember whose educational child marries. (h) Individuals in a penal institution. assistance must be discontinued or who (Authority: 38 U.S.C. 101(4), 3020) If a veteran or a servicemember is paid becomes restricted to payment of a reduced rate of educational assistance educational assistance at a reduced rate (ii) Stepchild eligible for transferred under § 21.7139 (c) and (d) of this part, under § 21.7139 (c) and (d). entitlement no longer member of the rate will be increased or assistance * * * * * transferor’s household. If a stepchild will commence effective the earlier of (r) Record-purpose charge against eligible for transferred entitlement the following dates: entitlement under 38 U.S.C. chapter 34 ceases to be a member of the transferor’s equals entitlement that remained on household, the date of discontinuance is * * * * * the date the stepchild was no longer a (r) Spouse eligible for transferred December 31, 1989. An individual, who member of the transferor’s household. entitlement. If a spouse is eligible for is receiving basic educational assistance See § 21.7080(c)(4). transferred entitlement under § 21.7080, at the rates stated in § 21.7137(a), will the commencing date of the award of have his or her award reduced to the (Authority: 38 U.S.C. 101(4), 3020) rates found in § 21.7136(a) effective the educational assistance will be no earlier I 7. Section 21.7136 is amended by: date the total of the individual’s record- than the latest of the following dates: I a. Revising paragraphs (d)(1) and purpose charges against his or her (1) The date the Secretary of the (d)(2) introductory texts; service department concerned approves entitlement under 38 U.S.C. chapter 34 I b. Redesignating paragraphs (d)(3), the transferor to transfer entitlement; equals the entitlement to that benefit (d)(4), (d)(5), and (d)(6) as paragraphs (2) The date the transferor completes which the individual had on December (d)(4), (d)(5), (d)(7), and (d)(8), 6 years of service in the Armed Forces; 31, 1989. (3) The date the transferor specified in respectively. (Authority: 38 U.S.C. 30159(c); Pub. L. 98– I c. Adding new paragraphs (d)(3) and his or her designation of transfer; or 525) (4) The date the spouse first meets the (d)(6). I definition of spouse in § 3.50(a) of this * * * * * d. Revising newly designated chapter. (dd) Dependent exhausts transferred paragraph (d)(5) introductory text. entitlement. The discontinuance date of I e. Revising paragraphs (e)(1) and (Authority: 38 U.S.C. 3020) an award of educational assistance to a (e)(2), and removing paragraph (e)(3). (s) Child eligible for transferred dependent, who exhausts the I f. Revising paragraphs (g)(1) entitlement. If a child is eligible for entitlement transferred to him or her is introductory text, (g)(1)(i) and (g)(2)(ii).

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I g. Revising paragraphs (h)(1) determined by the veteran’s or this section by $5 for every $20 the introductory text, (h)(2)(i) through (iii), servicemember’s initial obligated period veteran has contributed. and (h)(3). of active duty) plus any additional (Authority: 38 U.S.C. 3015(g)) The revisions and additions read as amounts that may be due under I 8. Section 21.7137 is amended by: follows: paragraph (d) or (f) of this section, or I a. Revising paragraph (b) introductory (2) The monthly rate of the cost of the text and paragraph (b)(2). § 21.7136 Rates of payment of basic course. If there is no cost for the course, educational assistance. I b. Removing paragraph (d). educational assistance is not payable. I c. Redesignating paragraph (e), (f), and * * * * * (Authority: 38 U.S.C. 3015, 3032) (g) as (d), (e), and (f), respectively. (d) * * * I * * * * * d. Revising newly designated (1) For individuals, who first become paragraphs (d)(1) introductory text and members of the Armed Forces before (g) Increase (‘‘kicker’’) in basic educational assistance rates payable for (d)(1)(i). November 29, 1989, (other than those The revisions read as follows: pursuing cooperative training before service in the Selected Reserve. (1) The October 9, 1996, or apprenticeship or Secretary of the service department § 21.7137 Rates of payment of basic other on-job training) it may not exceed: concerned may increase the amount of educational assistance for individuals with basic educational assistance payable remaining entitlement under 38 U.S.C. * * * * * under paragraph (b), (c), (d), (e), or (f) of chapter 34. (2) For individuals, who become this section, as appropriate. The * * * * * members of the Armed Forces during increase (‘‘kicker’’) is payable to an (b) * * * Except as provided in the period beginning November 29, individual, who has a skill or specialty paragraph (d) of this section, the 1989 and ending September 30, 1998 in which there is a critical shortage of monthly rate of basic educational (other than those pursuing cooperative personnel or for which it is difficult to assistance for a veteran who is pursuing training before October 9, 1996, or recruit, or, in the case of critical units, a course on a less than one-half-time apprenticeship or other on-job training), retain personnel, if the individual: basis is the lesser of: it may not exceed: (i) Establishes eligibility for education * * * * * * * * * * under §§ 21.7042(a), 21.7045, or (2) The monthly rate of the cost of the (3) For individuals, who first become 21.7080; and course. If there is no cost for the course, members of the Armed Forces after * * * * * educational assistance is not payable. September 30, 1998, (other than those (2) * * * * * * * * pursuing apprenticeship or other on-job (ii) May set the amount of the increase (d) Increase (‘‘kicker’’) in basic training), it may not exceed: (‘‘kicker’’) payable, for an individual educational assistance rates for service (i) $950.00 per month for full-time pursuing a program of education less in the Selected Reserve. (1) The training, than full time or pursuing a program of Secretary of the service department (ii) $712.50 per month for three- apprenticeship or other on-job training, concerned may increase the amount of quarter-time training, at an amount less than the amount basic educational assistance payable (iii) $475.00 per month for one-half- described in paragraph (g)(2)(i) of this under paragraphs (a), (b), or (c) of this time training or for training which is section. section, as appropriate. The increase less than one-half, but more than one- * * * * * (‘‘kicker’’) is payable to an individual quarter-time, or (h) * * * who has a skill or specialty in which (iv) $237.50 per month for one- (1) VA will increase the monthly rate there is a critical shortage of personnel quarter-time training or less. provided in paragraphs (b)(1) through or for which it is difficult to recruit, or, (Authority: 38 U.S.C. 3015, 3032) (b)(4) and (c)(1) through (c)(4) of this in the case of critical units, retain * * * * * section by: personnel, if the individual: (5) For individuals, who first become * * * * * (i) Establishes eligibility for members of the Armed Forces during (2) * * * educational assistance under the period beginning November 29, (i) During the first 6 months of the § 21.7044(a) or § 21.7080; 1989 and ending September 30, 1998, veteran’s pursuit of training, VA will * * * * * and, who are pursuing an increase the monthly rate provided in I 9. Amend § 21.7138 to revise apprenticeship or other on-job training, paragraphs (b)(5) through (b)(8) and paragraph (c)(1) to read as follows: it may not exceed: (c)(5) through (c)(8) of this section by $3.75 for every $20 the individual § 21.7138 Rates of supplemental * * * * * educational assistance. (6) For individuals, who first become contributed; members of the Armed Forces after (ii) During the second 6 months of the * * * * * veteran’s pursuit of training, VA will (c) * * * September 30, 1998, and who are (1) The monthly rate of the veteran’s pursuing apprenticeship or other on-job increase the monthly rate provided in paragraphs (b)(5) through (b)(8) and or servicemember’s basic educational training, it may not exceed: assistance determined as provided in (v) $712.50 per month during the first (c)(5) through (c)(8) of this section by $2.75 for every $20 the individual §§ 21.7136(e) and 21.7137(b), (c) and (d) 6 months of training, of this part. (vi) $522.50 per month during the contributed; and second 6 months of training, or (iii) During the remaining months of * * * * * (vii) $332.50 per month during the the veteran’s pursuit of training, VA will I 10. Section 21.7139 is amended by: I remaining months of training. increase the monthly rate provided in a. Removing paragraph (b). paragraphs (b)(5) through (b)(8) and I b. Redesignating paragraphs (c), (d), (Authority: 38 U.S.C. 3015, 3032) (c)(5) through (c)(8) of this section by (e), (f), and (g) as paragraphs (b), (c), (d), * * * * * $1.75 for every $20 the individual (e), and (f) respectively. (e) * * * contributed. I c. In newly designated paragraph (b), (1) The monthly rate stated in either (3) VA will increase the monthly rate revising the paragraph heading and paragraph (b) or (c) of this section (as provided in paragraphs (b)(9) or (c)(9) of introductory text.

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I d. Revising newly designated (d) * * * The maximum filling Electronic Access paragraphs (c)(2)(iii), (d)(3)(iii), (f)(1)(i), density of the diborane may not exceed Several of the background documents and (f)(1)(ii). 7 percent.*** for the ALWTRP and the take reduction The revisions read as follows: * * * * * planning process can be downloaded § 21.7139 Conditions that result in reduced [FR Doc. 06–55531 Filed 12–15–06; 8:45 am] from the ALWTRP Web site at http:// rates or no payment. BILLING CODE 1505–01–D www.nero.noaa.gov/whaletrp/. * * * * * Background (b) No educational assistance for The ALWTRP was developed some incarcerated veterans or pursuant to section 118 of the Marine servicemembers. VA will pay no DEPARTMENT OF COMMERCE Mammal Protection Act (MMPA) to educational assistance to a veteran or reduce the incidental mortality and servicemember, who— National Oceanic and Atmospheric Administration serious injury of three endangered * * * * * species of whales (right, fin, and (c) * * * 50 CFR Part 229 humpback) due to incidental interaction (2) * * * with commercial fishing activities. In (iii) The monthly rate found in addition, the measures identified in the § 21.7136(e) or § 21.7137(c), as [Docket No. 030221039–6332–38; I.D. 110806D] ALWTRP would provide conservation appropriate. benefits to a fourth species (minke), * * * * * Taking of Marine Mammals Incidental which are neither listed as endangered (d) * * * to Commercial Fishing Operations; nor threatened under the Endangered (3) * * * Atlantic Large Whale Take Reduction Species Act (ESA). The ALWTRP, (iii) The monthly rate determined by Plan implemented through regulations § 21.7136(e) or § 21.7137(b), as codified at 50 CFR 229.32, relies on a appropriate, plus the monthly rate AGENCY: National Marine Fisheries combination of fishing gear stated in § 21.7138(c) if the veteran is Service (NMFS), National Oceanic and modifications and time/area closures to entitled to supplemental educational Atmospheric Administration (NOAA), reduce the risk of whales becoming assistance. Commerce. entangled in commercial fishing gear * * * * * ACTION: Temporary rule; extension of (and potentially suffering serious injury (f) * * * temporary area and gear restrictions. or mortality as a result). (1) * * * On January 9, 2002, NMFS published (i) The rates specified in SUMMARY: The Assistant Administrator the final rule to implement the §§ 21.7136(b)(5) through (b)(8), (c)(5) for Fisheries (AA), NOAA, announces ALWTRP’s DAM program (67 FR 1133). through (c)(8), (d)(4) through (d)(6), the extension of temporary restrictions On August 26, 2003, NMFS amended (f)(4) and (h)(2) and 21.7137(a)(5) consistent with the requirements of the the regulations by publishing a final through (a)(8); and Atlantic Large Whale Take Reduction rule, which specifically identified gear (ii) Any increase (‘‘kicker’’) set by the Plan’s (ALWTRP) implementing modifications that may be allowed in a Secretary of the service department regulations. These restrictions will DAM zone (68 FR 51195). The DAM concerned as described in §§ 21.7136(g) continue to apply to lobster trap and program provides specific authority for and 21.7137(d). anchored gillnet fishermen in an area NMFS to restrict temporarily on an 2 totaling approximately 1,809 nm (6,204 expedited basis the use of lobster trap/ * * * * * km2), east of Portland, Maine, for an [FR Doc. E6–21525 Filed 12–15–06; 8:45 am] pot and anchored gillnet fishing gear in additional 15 days. The purpose of this areas north of 40°00′ N. lat. to protect BILLING CODE 8320–01–P action is to provide immediate right whales. Under the DAM program, protection to an aggregation of Northern NMFS may: (1) Require the removal of right whales (right whales). all lobster trap/pot and anchored gillnet DEPARTMENT OF TRANSPORTATION DATES: This notice extends the restricted fishing gear for a 15-day period; (2) period from 0001 hours December 18, allow lobster trap/pot and anchored Pipeline and Hazardous Materials 2006, through 2400 hours January 1, gillnet fishing within a DAM zone with Safety Administration 2007. gear modifications determined by NMFS to sufficiently reduce the risk of 49 CFR Part 173 ADDRESSES: Copies of the proposed and final Dynamic Area Management (DAM) entanglement; and/or (3) issue an alert Shippers—General Requirements for rules, Environmental Assessments to fishermen requesting the voluntary Shipments and Packagings (EAs), Atlantic Large Whale Take removal of all lobster trap/pot and Reduction Team (ALWTRT) meeting anchored gillnet gear for a 15-day period CFR Correction summaries, and progress reports on and asking fishermen not to set any additional gear in the DAM zone during In Title 49 of the Code of Federal implementation of the ALWTRP may the 15-day period. Regulations, parts 100 to 185, revised as also be obtained by writing Diane A DAM zone is triggered when NMFS of October 1, 2005, on page 584, Borggaard, NMFS/Northeast Region, receives a reliable report from a § 173.302a is corrected by reinstating One Blackburn Drive, Gloucester, MA qualified individual of three or more the second sentence of paragraph (d) to 01930. right whales sighted within an area (75 read as follows: FOR FURTHER INFORMATION CONTACT: nm2 (139 km2)) such that right whale § 173.302a Additional requirements for Diane Borggaard, NMFS/Northeast density is equal to or greater than 0.04 shipment of nonliquefied (permanent) Region, 978–281–9300 x6503; or Kristy right whales per nm2 (1.85 km2). A compressed gases in specification Long, NMFS, Office of Protected qualified individual is an individual cylinders. Resources, 301–713–2322. ascertained by NMFS to be reasonably * * * * * SUPPLEMENTARY INFORMATION: able, through training or experience, to

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identify a right whale. Such individuals and anchored gillnet gear for an Northeast Gillnet Waters Area that include, but are not limited to, NMFS additional 15-day period. overlap with the DAM zone are required staff, U.S. Coast Guard and Navy The DAM zone is bound by the to utilize all the following gear personnel trained in whale following coordinates: modifications while the DAM zone is in identification, scientific research survey 43°52′ N., 68°56′ W. (NW Corner) effect: personnel, whale watch operators and 43°52′ N., 67°58′ W. 1. Groundlines must be made of either naturalists, and mariners trained in 43°09′ N., 67°58′ W. sinking or neutrally buoyant line. whale species identification through 43°09′ N., 68°56′ W. Floating groundlines are prohibited; disentanglement training or some other 43°52′ N., 68°56′ W. (NW Corner) 2. All buoy lines must be made of training program deemed adequate by In addition to those gear either sinking or neutrally buoyant line, NMFS. A reliable report would be a modifications currently implemented except the bottom portion of the line, credible right whale sighting. under the ALWTRP at 50 CFR 229.32, which may be a section of floating line On November 5, 2006, an aerial the following gear modifications are not to exceed one-third the overall survey reported a sighting of 13 right required in the DAM zone. If the length of the buoy line; ° ′ whales in the proximity 43 29 N. lat. requirements and exceptions for gear 3. Fishermen are allowed to use two ° ′ and 68 27 W. long. This position lies modification in the DAM zone, as buoy lines per string; east of Portland, Maine. After described below, differ from other 4. Each net panel must have a total of conducting an investigation, NMFS ALWTRP requirements for any five weak links with a maximum ascertained that the report came from a overlapping areas and times, then the breaking strength of 1,100 lb (498.8 kg). qualified individual and determined more restrictive requirements will apply Net panels are typically 50 fathoms that the report was reliable. Thus, in the DAM zone. (91.4 m) in length, but the weak link NMFS received a reliable report from a Lobster Trap/Pot Gear requirements would apply to all qualified individual of the requisite variations in panel size. These weak right whale density to trigger the DAM Fishermen utilizing lobster trap/pot links must include three floatline weak provisions of the ALWTRP. gear within the portion of the Northern links. The placement of the weak links Once a DAM zone is triggered, NMFS Inshore State Lobster Waters and on the floatline must be: one at the determines whether to impose, in the Northern Nearshore Lobster Waters that center of the net panel and one each as zone, restrictions on fishing and/or overlap with the DAM zone are required close as possible to each of the bridle fishing gear. This determination is based to utilize all of the following gear ends of the net panel. The remaining on the following factors, including but modifications while the DAM zone is in not limited to: The location of the DAM two weak links must be placed in the effect: center of each of the up and down lines zone with respect to other fishery 1. Groundlines must be made of either closure areas, weather conditions as at the panel ends; sinking or neutrally buoyant line. 5. A weak link with a maximum they relate to the safety of human life at Floating groundlines are prohibited; sea, the type and amount of gear already breaking strength of 1,100 lb (498.8 kg) 2. All buoy lines must be made of must be placed at all buoys; and present in the area, and a review of either sinking or neutrally buoyant line, 6. All anchored gillnets, regardless of recent right whale entanglement and except the bottom portion of the line, the number of net panels, must be mortality data. which may be a section of floating line securely anchored with the holding NMFS reviewed the options and not to exceed one-third the overall power of at least a 22 lb (10.0 kg) factors noted above and on November length of the buoy line; Danforth-style anchor at each end of the 16, 2006, published a temporary rule in 3. Fishermen are allowed to use two net string. the Federal Register (71 FR 66688) to buoy lines per trawl; and announce the establishment of a DAM 4. A weak link with a maximum The restrictions will be in effect zone with restrictions on anchored breaking strength of 600 lb (272.4 kg) beginning at 0001 hours, December 20, gillnet and lobster trap gear for a 15-day must be placed at all buoys. 2006, through 2400 hours January 1, period. On November 26, 2006, a Fishermen utilizing lobster trap/pot 2006, unless terminated sooner or subsequent survey conducted over the gear within the portion of the Offshore extended by NMFS through another DAM zone indicated that 8 whales were Lobster Waters Area that overlap with notification in the Federal Register. still present in the area and the DAM the DAM zone are required to utilize all The restrictions will be announced to zone trigger of 0.04 right whales per of the following gear modifications state officials, fishermen, ALWTRT square nautical mile (1.85 km2) while the DAM zone is in effect: members, and other interested parties continued to be met. NMFS reviewed 1. Groundlines must be made of either through e-mail, phone contact, NOAA the options and factors noted above and sinking or neutrally buoyant line. website, and other appropriate media on December 4, 2006, published a Floating groundlines are prohibited; immediately upon issuance of the rule temporary rule in the Federal Register 2. All buoy lines must be made of by the AA. (71 FR 70319) to extend the DAM zone either sinking or neutrally buoyant line, Classification with restrictions on anchored gillnet except the bottom portion of the line, and lobster trap gear for a 15-day period. which may be a section of floating line In accordance with section 118(f)(9) of On December 11, 2006, another survey not to exceed one-third the overall the MMPA, the Assistant Administrator conducted over the DAM zone indicated length of the buoy line; (AA) for Fisheries has determined that that 18 whales remain within the area, 3. Fishermen are allowed to use two this action is necessary to implement a again indicating the DAM zone trigger of buoy lines per trawl; and take reduction plan to protect North 0.04 right whales per square nautical 4. A weak link with a maximum Atlantic right whales. mile (1.85 km2) continues to be met. breaking strength of 1,500 lb (680.4 kg) Environmental Assessments for the Therefore, in order to further protect the must be placed at all buoys. DAM program were prepared on right whales in this DAM zone, December 28, 2001, and August 6, 2003. pursuant to 50 CFR 229.32(g)(3)(v), Anchored Gillnet Gear This action falls within the scope of the NMFS is exercising its authority to Fishermen utilizing anchored gillnet analyses of these EAs, which are extend the restrictions on lobster trap gear within the portions of the Other available from the agency upon request.

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NMFS provided prior notice and an issuance of the rule by the AA, thereby DEPARTMENT OF COMMERCE opportunity for public comment on the providing approximately 3 additional regulations establishing the criteria and days of notice while the Office of the National Oceanic and Atmospheric procedures for implementing a DAM Federal Register processes the document Administration zone. Providing prior notice and for publication. opportunity for comment on this action, 50 CFR Part 229 NMFS determined that the regulations pursuant to those regulations, would be establishing the DAM program and [Docket No. 030221039–6331–37; I.D. impracticable because it would prevent 110806C] NMFS from executing its functions to actions such as this one taken pursuant protect and reduce serious injury and to those regulations are consistent to the Taking of Marine Mammals Incidental mortality of endangered right whales. maximum extent practicable with the to Commercial Fishing Operations; The regulations establishing the DAM enforceable policies of the approved Atlantic Large Whale Take Reduction program are designed to enable the coastal management program of the U.S. Plan agency to help protect unexpected Atlantic coastal States. This AGENCY: concentrations of right whales. In order determination was submitted for review National Marine Fisheries to meet the goals of the DAM program, by the responsible State agencies under Service (NMFS), National Oceanic and the agency needs to be able to create a section 307 of the Coastal Zone Atmospheric Administration (NOAA), DAM zone and implement restrictions Management Act. Following State Commerce. on fishing gear as soon as possible once review of the regulations creating the ACTION: Temporary rule; extension of the criteria are triggered and NMFS DAM program, no State disagreed with temporary area and gear restrictions. determines that a DAM restricted zone NMFS’ conclusion that the DAM SUMMARY: The Assistant Administrator is appropriate. If NMFS were to provide program is consistent to the maximum for Fisheries (AA), NOAA, announces prior notice and an opportunity for extent practicable with the enforceable the extension of temporary restrictions public comment upon the creation of a policies of the approved coastal consistent with the requirements of the DAM restricted zone, the aggregated management program for that State. Atlantic Large Whale Take Reduction right whales would be vulnerable to The DAM program under which Plan’s (ALWTRP) implementing entanglement which could result in regulations. These restrictions will serious injury and mortality. NMFS is taking this action contains policies with federalism implications continue to apply to lobster trap and Additionally, the right whales would anchored gillnet fishermen in an area most likely move on to another location warranting preparation of a federalism assessment under Executive Order totaling approximately 1,549 nm2 (5,312 before NMFS could implement the km2), south of Portland, Maine, for an restrictions designed to protect them, 13132. Accordingly, in October 2001 and March 2003, the Assistant Secretary additional 15 days. The purpose of this thereby rendering the action obsolete. action is to provide immediate Therefore, pursuant to 5 U.S.C. for Intergovernmental and Legislative Affairs, Department of Commerce, protection to an aggregation of Northern 553(b)(B), the AA finds that good cause right whales (right whales). exists to waive prior notice and an provided notice of the DAM program opportunity to comment on this action and its amendments to the appropriate DATES: This notice extends the restricted to implement a DAM restricted zone to elected officials in states to be affected period from 0001 hours December 18, reduce the risk of entanglement of by actions taken pursuant to the DAM 2006, through 2400 hours January 1, endangered right whales in commercial program. Federalism issues raised by 2007. lobster trap/pot and anchored gillnet state officials were addressed in the ADDRESSES: Copies of the proposed and gear as such procedures would be final rules implementing the DAM final Dynamic Area Management (DAM) impracticable. program. A copy of the federalism rules, Environmental Assessments For the same reasons, the AA finds Summary Impact Statement for the final (EAs), Atlantic Large Whale Take that, under 5 U.S.C. 553(d)(3), good rules is available upon request Reduction Team (ALWTRT) meeting cause exists to waive the 30-day delay (ADDRESSES). summaries, and progress reports on in effective date. If NMFS were to delay implementation of the ALWTRP may The rule implementing the DAM also be obtained by writing Diane for 30 days the effective date of this program has been determined to be not action, the aggregated right whales Borggaard, NMFS/Northeast Region, significant under Executive Order would be vulnerable to entanglement, One Blackburn Drive, Gloucester, MA 12866. which could cause serious injury and 01930. mortality. Additionally, right whales Authority: 16 U.S.C. 1361 et seq. and 50 FOR FURTHER INFORMATION CONTACT: would likely move to another location CFR 229.32(g)(3). Diane Borggaard, NMFS/Northeast between the time NMFS approved the Dated: December 13, 2006. Region, 978–281–9300 x6503; or Kristy action creating the DAM restricted zone Samuel D. Rauch III, Long, NMFS, Office of Protected and the time it went into effect, thereby Resources, 301–713–2322. Deputy Assistant Administrator for rendering the action obsolete and SUPPLEMENTARY INFORMATION: ineffective. Nevertheless, NMFS Regulatory Programs, National Marine Fisheries Service. recognizes the need for fishermen to Electronic Access [FR Doc. 06–9753 Filed 12–13–06; 3:25 pm] have time to either modify or remove (if Several of the background documents not in compliance with the required BILLING CODE 3510–22–P for the ALWTRP and the take reduction restrictions) their gear from a DAM zone planning process can be downloaded once one is approved. Thus, NMFS from the ALWTRP Web site at makes this action effective 2 days after http://www.nero.noaa.gov/whaletrp/. the date of publication of this document in the Federal Register. NMFS will also Background endeavor to provide notice of this action The ALWTRP was developed to fishermen through other means upon pursuant to section 118 of the Marine

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Mammal Protection Act (MMPA) to NMFS. A reliable report would be a In addition to those gear reduce the incidental mortality and credible right whale sighting. modifications currently implemented serious injury of three endangered On November 5, 2006, an aerial under the ALWTRP at 50 CFR 229.32, species of whales (right, fin, and survey reported a sighting of thirteen the following gear modifications are humpback) due to incidental interaction right whales in the proximity 43°07′ N. required in the DAM zone. If the with commercial fishing activities. In lat. and 70°10′ W. long. This position requirements and exceptions for gear addition, the measures identified in the lies south of the Portland, Maine. After modification in the DAM zone, as ALWTRP would provide conservation conducting an investigation, NMFS described below, differ from other benefits to a fourth species (minke), ascertained that the report came from a ALWTRP requirements for any which are neither listed as endangered qualified individual and determined overlapping areas and times, then the nor threatened under the Endangered that the report was reliable. Thus, more restrictive requirements will apply Species Act (ESA). The ALWTRP, NMFS received a reliable report from a in the DAM zone. Special note for implemented through regulations qualified individual of the requisite gillnet fisherman: A portion of this codified at 50 CFR 229.32, relies on a right whale density to trigger the DAM DAM zone overlaps the year-round combination of fishing gear provisions of the ALWTRP. Western Gulf of Maine Closure Area for modifications and time/area closures to Once a DAM zone is triggered, NMFS Northeast Multispecies found at 50 CFR reduce the risk of whales becoming determines whether to impose, in the 648.81(e). Due to this closure, sink entangled in commercial fishing gear zone, restrictions on fishing and/or gillnet gear is prohibited from this (and potentially suffering serious injury fishing gear. This determination is based portion of the DAM zone. or mortality as a result). on the following factors, including but Lobster Trap/Pot Gear On January 9, 2002, NMFS published not limited to: The location of the DAM the final rule to implement the zone with respect to other fishery Fishermen utilizing lobster trap/pot ALWTRP’s DAM program (67 FR 1133). closure areas, weather conditions as gear within the portion of the Northern On August 26, 2003, NMFS amended they relate to the safety of human life at Inshore State Lobster Waters, Northern the regulations by publishing a final sea, the type and amount of gear already Nearshore Lobster Waters and rule, which specifically identified gear present in the area, and a review of Stellwagen Bank/Jeffreys Ledge that modifications that may be allowed in a recent right whale entanglement and overlap with the DAM zone are required DAM zone (68 FR 51195). The DAM mortality data. to utilize all of the following gear program provides specific authority for NMFS reviewed the options and modifications while the DAM zone is in NMFS to restrict temporarily on an factors noted above and on November effect: expedited basis the use of lobster trap/ 16, 2006, published a temporary rule in 1. Groundlines must be made of either pot and anchored gillnet fishing gear in the Federal Register (71 FR 66690) to sinking or neutrally buoyant line. areas north of 40°00′ N. lat. to protect announce the establishment of a DAM Floating groundlines are prohibited; right whales. Under the DAM program, zone with restrictions on anchored 2. All buoy lines must be made of NMFS may: (1) Require the removal of gillnet and lobster trap gear for a 15-day either sinking or neutrally buoyant line, all lobster trap/pot and anchored gillnet period. On November 27, 2006, a except the bottom portion of the line, fishing gear for a 15-day period; (2) subsequent survey conducted over the which may be a section of floating line allow lobster trap/pot and anchored DAM zone indicated that 8 whales were not to exceed one-third the overall gillnet fishing within a DAM zone with still present in the area and the DAM length of the buoy line; gear modifications determined by NMFS zone trigger of 0.04 right whales per 3. Fishermen are allowed to use two to sufficiently reduce the risk of square nautical mile (1.85 km2) buoy lines per trawl; and 4. A weak link with a maximum entanglement; and/or (3) issue an alert continued to be met. NMFS reviewed breaking strength of 600 lb (272.4 kg) to fishermen requesting the voluntary the options and factors noted above and on December 4, 2006, published a must be placed at all buoys. removal of all lobster trap/pot and Fishermen utilizing lobster trap/pot temporary rule in the Federal Register anchored gillnet gear for a 15-day period gear within the portion of the Offshore (71 FR 70321) to extend the DAM zone and asking fishermen not to set any Lobster Waters Area that overlap with with restrictions on anchored gillnet additional gear in the DAM zone during the DAM zone are required to utilize all and lobster trap gear for a 15-day period. the 15-day period. of the following gear modifications On December 11, 2006, another survey A DAM zone is triggered when NMFS while the DAM zone is in effect: conducted over the DAM zone indicated receives a reliable report from a 1. Groundlines must be made of either that 7 whales remain within the area, qualified individual of three or more sinking or neutrally buoyant line. again indicating the DAM zone trigger of right whales sighted within an area (75 Floating groundlines are prohibited; nm2 (139 km2)) such that right whale 0.04 right whales per square nautical 2. All buoy lines must be made of density is equal to or greater than 0.04 mile (1.85 km2) continues to be met. either sinking or neutrally buoyant line, right whales per nm2 (1.85 km2). A Therefore, in order to further protect the except the bottom portion of the line, qualified individual is an individual right whales in this DAM zone, which may be a section of floating line ascertained by NMFS to be reasonably pursuant to 50 CFR 229.32(g)(3)(v), not to exceed one-third the overall able, through training or experience, to NMFS is exercising its authority to length of the buoy line; identify a right whale. Such individuals extend the restrictions on lobster trap 3. Fishermen are allowed to use two include, but are not limited to, NMFS and anchored gillnet gear for an buoy lines per trawl; and staff, U.S. Coast Guard and Navy additional 15-day period. 4. A weak link with a maximum personnel trained in whale The DAM zone is bound by the breaking strength of 1,500 lb (680.4 kg) identification, scientific research survey following coordinates: must be placed at all buoys. personnel, whale watch operators and 43°52′ N., 68°56′ W. (NW Corner) naturalists, and mariners trained in 43°52′ N., 67°58′ W. Anchored Gillnet Gear whale species identification through 43°09′ N., 67°58′ W. Fishermen utilizing anchored gillnet disentanglement training or some other 43°09′ N., 68°56′ W. gear within the portions of the Other training program deemed adequate by 43°52′ N., 68°56′ W. (NW Corner) Northeast Gillnet Waters Area and

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Stellwagen Bank/Jeffreys Ledge This action falls within the scope of the once one is approved. Thus, NMFS Restricted Area that overlap with the analyses of these EAs, which are makes this action effective 2 days after DAM zone are required to utilize all the available from the agency upon request. the date of publication of this document following gear modifications while the NMFS provided prior notice and an in the Federal Register. NMFS will also DAM zone is in effect: opportunity for public comment on the endeavor to provide notice of this action 1. Groundlines must be made of either regulations establishing the criteria and to fishermen through other means upon sinking or neutrally buoyant line. procedures for implementing a DAM issuance of the rule by the AA, thereby Floating groundlines are prohibited; zone. Providing prior notice and providing approximately 3 additional 2. All buoy lines must be made of opportunity for comment on this action, days of notice while the Office of the either sinking or neutrally buoyant line, pursuant to those regulations, would be Federal Register processes the document except the bottom portion of the line, impracticable because it would prevent for publication. NMFS from executing its functions to which may be a section of floating line NMFS determined that the regulations protect and reduce serious injury and not to exceed one-third the overall establishing the DAM program and mortality of endangered right whales. length of the buoy line; actions such as this one taken pursuant The regulations establishing the DAM 3. Fishermen are allowed to use two to those regulations are consistent to the program are designed to enable the buoy lines per string; maximum extent practicable with the agency to help protect unexpected 4. Each net panel must have a total of enforceable policies of the approved concentrations of right whales. In order five weak links with a maximum coastal management program of the U.S. to meet the goals of the DAM program, breaking strength of 1,100 lb (498.8 kg). Atlantic coastal States. This the agency needs to be able to create a Net panels are typically 50 fathoms determination was submitted for review (91.4 m) in length, but the weak link DAM zone and implement restrictions on fishing gear as soon as possible once by the responsible State agencies under requirements would apply to all section 307 of the Coastal Zone variations in panel size. These weak the criteria are triggered and NMFS determines that a DAM restricted zone Management Act. Following state links must include three floatline weak review of the regulations creating the links. The placement of the weak links is appropriate. If NMFS were to provide prior notice and an opportunity for DAM program, no State disagreed with on the floatline must be: One at the NMFS’ conclusion that the DAM center of the net panel and one each as public comment upon the creation of a DAM restricted zone, the aggregated program is consistent to the maximum close as possible to each of the bridle extent practicable with the enforceable ends of the net panel. The remaining right whales would be vulnerable to entanglement which could result in policies of the approved coastal two weak links must be placed in the management program for that State. center of each of the up and down lines serious injury and mortality. at the panel ends; Additionally, the right whales would The DAM program under which 5. A weak link with a maximum most likely move on to another location NMFS is taking this action contains breaking strength of 1,100 lb (498.8 kg) before NMFS could implement the policies with federalism implications must be placed at all buoys; and restrictions designed to protect them, warranting preparation of a federalism 6. All anchored gillnets, regardless of thereby rendering the action obsolete. assessment under Executive Order the number of net panels, must be Therefore, pursuant to 5 U.S.C. 13132. Accordingly, in October 2001 securely anchored with the holding 553(b)(B), the AA finds that good cause and March 2003, the Assistant Secretary power of at least a 22 lb (10.0 kg) exists to waive prior notice and an for Intergovernmental and Legislative Danforth-style anchor at each end of the opportunity to comment on this action Affairs, Department of Commerce, net string. to implement a DAM restricted zone to provided notice of the DAM program The restrictions will be in effect reduce the risk of entanglement of and its amendments to the appropriate beginning at 0001 hours, December 18, endangered right whales in commercial elected officials in States to be affected 2006, through 2400 hours January 1, lobster trap/pot and anchored gillnet by actions taken pursuant to the DAM 2006, unless terminated sooner or gear as such procedures would be program. Federalism issues raised by extended by NMFS through another impracticable. State officials were addressed in the notification in the Federal Register. For the same reasons, the AA finds final rules implementing the DAM The restrictions will be announced to that, under 5 U.S.C. 553(d)(3), good program. A copy of the federalism state officials, fishermen, ALWTRT cause exists to waive the 30-day delay Summary Impact Statement for the final members, and other interested parties in effective date. If NMFS were to delay rules is available upon request through e-mail, phone contact, NOAA for 30 days the effective date of this (ADDRESSES). Web site, and other appropriate media action, the aggregated right whales The rule implementing the DAM immediately upon issuance of the rule would be vulnerable to entanglement, program has been determined to be not by the AA. which could cause serious injury and significant under Executive Order mortality. Additionally, right whales 12866. Classification would likely move to another location In accordance with section 118(f)(9) of between the time NMFS approved the Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3). the MMPA, the Assistant Administrator action creating the DAM restricted zone (AA) for Fisheries has determined that and the time it went into effect, thereby Dated: December 13, 2006. this action is necessary to implement a rendering the action obsolete and Samuel D. Rauch III, take reduction plan to protect North ineffective. Nevertheless, NMFS Deputy Assistant Administrator for Atlantic right whales. recognizes the need for fishermen to Regulatory Programs, National Marine Environmental Assessments for the have time to either modify or remove (if Fisheries Service. DAM program were prepared on not in compliance with the required [FR Doc. 06–9754 Filed 12–13–06; 3:25 pm] December 28, 2001, and August 6, 2003. restrictions) their gear from a DAM zone BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 71, No. 242

Monday, December 18, 2006

This section of the FEDERAL REGISTER DC, between 9 a.m. and 5 p.m., Monday your comments. We specifically invite contains notices to the public of the proposed through Friday, except Federal holidays. comments on the overall regulatory, issuance of rules and regulations. The • Federal eRulemaking Portal: http:// economic, environmental, and energy purpose of these notices is to give interested www.regulations.gov. Follow the aspects of this proposed AD. We will persons an opportunity to participate in the instructions for submitting comments. consider all comments received by the rule making prior to the adoption of the final closing date and may amend this rules. Examining the AD Docket proposed AD based on those comments. You may examine the AD docket on We will post all comments we DEPARTMENT OF TRANSPORTATION the Internet at http://dms.dot.gov; or in receive, without change, to http:// person at the Docket Management dms.dot.gov, including any personal Federal Aviation Administration Facility between 9 a.m. and 5 p.m., information you provide. We will also Monday through Friday, except Federal post a report summarizing each 14 CFR Part 39 holidays. The AD docket contains this substantive verbal contact we receive proposed AD, the regulatory evaluation, about this proposed AD. [Docket No. FAA–2006–24846; Directorate any comments received, and other Identifier 2006–NE–21–AD] information. The street address for the Discussion RIN 2120–AA64 Docket Office (telephone (800) 647– The Direction Generale De l’Aviation 5227) is in the ADDRESSES section. Civile (DGAC), which is the Airworthiness Directives; Microturbo Comments will be available in the AD airworthiness authority for France, has Saphir 20 Models 095 Auxiliary Power docket shortly after receipt. issued Airworthiness Directive F–2005– Units (APU) FOR FURTHER INFORMATION CONTACT: 146, dated August 17, 2005 (Euoropean Tracy Murphy, Aerospace Engineer, Aviation Safety Agency Reference No. AGENCY: Federal Aviation 2005–6137, dated August 9, 2005) Administration (FAA), DOT. Boston Aircraft Certification Office, FAA, Engine and Propeller Directorate; (referred to after this as ‘‘the MCAI’’), to ACTION: Notice of proposed rulemaking 12 New England Executive Park, correct an unsafe condition for the (NPRM). Burlington, MA 01803; telephone 781– specified products. The MCAI states: SUMMARY: We propose to adopt a new 238–7172; fax 781–238–7170. It has been reported that with the existing airworthiness directive (AD) for the SUPPLEMENTARY INFORMATION: configuration, a certain failure could cause overspeed of the gas generator rotor resulting products listed above. This proposed Streamlined Issuance of AD in uncontained burst of the turbine liberating AD results from mandatory continuing high-energy fragments. The occurrence that airworthiness information (MCAI) The FAA is implementing a new the high-energy fragments would be issued by an aviation authority of process for streamlining the issuance of uncontained is considered a potentially another country to identify and correct ADs related to MCAI. This streamlined dangerous situation which requires an unsafe condition on an aviation process will allow us to adopt MCAI imperative corrective action. The purpose of product. The MCAI describes the unsafe safety requirements in a more efficient the modification, which has been made condition as: manner and will reduce safety risks to mandatory, is to limit gas generator speed the public. This process continues to during an acceleration towards overspeed by It has been reported that with the existing follow all FAA AD issuance processes to installation of a modified Electronic Control configuration, a certain failure could cause Unit (ECU) and Drain Valve. In addition, the overspeed of the gas generator rotor resulting meet legal, economic, Administrative modification also renders the exhaust gas in uncontained burst of the turbine liberating Procedure Act, and Federal Register temperature (EGT) control function high-energy fragments. requirements. We also continue to meet compliant with the certificated our technical decision-making The proposed AD would require actions specifications. In operation, if EGT exceeds responsibilities to identify and correct the certificated limit value, turbine blade that are intended to address the unsafe unsafe conditions on U.S.-certificated shedding could occur. condition described in the MCAI. products. You may obtain further information by DATES: We must receive comments on This proposed AD references the examining the MCAI in the AD docket. this proposed AD by January 17, 2007. MCAI and related service information ADDRESSES: You may send comments by that we considered in forming the Relevant Service Information any of the following methods: engineering basis to correct the unsafe Microturbo has issued Alert Service • DOT Docket Web site: Go to condition. The proposed AD contains Bulletin No. 095–49A11, Edition 2, http://dms.dot.gov and follow the text copied from the MCAI and for this dated October 7, 2005. The actions instructions for sending your comments reason might not follow our plain described in this service information are electronically. language principles. intended to correct the unsafe condition • Fax: (202) 493–2251. identified in the MCAI. • Mail: Docket Management Facility, Comments Invited U.S. Department of Transportation, 400 We invite you to send any written FAA’s Determination and Requirements Seventh Street, SW., Nassif Building, relevant data, views, or arguments about of This Proposed AD Room PL–401, Washington, DC 20590– this proposed AD. Send your comments This product has been approved by 0001. to an address listed under the the aviation authority of another • Hand Delivery: Room PL–401 on ADDRESSES section. Include ‘‘Docket No. country, and is approved for operation the plaza level of the Nassif Building, FAA–2006–24846; Directorate Identifier in the United States. Pursuant to our 400 Seventh Street, SW., Washington, 2006–NE–21–AD’’ at the beginning of bilateral agreement with this State of

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Design Authority, they have notified us promoting safe flight of civil aircraft in Applicability of the unsafe condition described in the air commerce by prescribing regulations (c) This AD applies to Microturbo Saphir MCAI and service information for practices, methods, and procedures 20 Models 095 Auxiliary Power Units (APU) referenced above. We are proposing this the Administrator finds necessary for installed on, but not limited to, Eurocopter AD because we evaluated all safety in air commerce. This regulation AS 332C, AS 332L, AS 332L1, and AS 332L2 information provided by the State of is within the scope of that authority helicopters. Design Authority and determined the because it addresses an unsafe condition Reason unsafe condition exists and is likely to that is likely to exist or develop on (d) Direction Generale De l’Aviation Civile exist or develop on other products of the products identified in this rulemaking Airworthiness Directive F–2005–146, dated same type design. action. August 17, 2005, states: Differences Between This AD and the Regulatory Findings It has been reported that with the existing MCAI or Service Information configuration, a certain failure could cause We determined that this proposed AD overspeed of the gas generator rotor resulting We have reviewed the MCAI and would not have federalism implications in uncontained burst of the turbine liberating related service information and, in under Executive Order 13132. This high-energy fragments. The occurrence that general, agree with their substance. But proposed AD would not have a the high-energy fragments would be we might have found it necessary to use substantial direct effect on the States, on uncontained is considered a potentially different words from those in the MCAI the relationship between the national dangerous situation which requires to ensure the AD is clear for U.S. imperative corrective action. The purpose of Government and the States, or on the the modification, which has been made operators and is enforceable. In making distribution of power and these changes, we do not intend to differ mandatory, is to limit gas generator speed responsibilities among the various during an acceleration towards overspeed by substantively from the information levels of government. installation of a modified Electronic Control provided in the MCAI and related For the reasons discussed above, I Unit (ECU) and Drain Valve. In addition, the service information. certify this proposed regulation: modification also renders the exhaust gas We might also have proposed 1. Is not a ‘‘significant regulatory temperature (EGT) control function different actions in this AD from those action’’ under Executive Order 12866; compliant with the certificated in the MCAI in order to follow FAA specifications. In operation, if EGT exceeds 2. Is not a ‘‘significant rule’’ under the policies. Any such differences are the certificated limit value, turbine blade DOT Regulatory Policies and Procedures described in a separate paragraph of the shedding could occur. (44 FR 11034, February 26, 1979); and proposed AD. These requirements, if Actions and Compliance ultimately adopted, will take 3. Will not have a significant economic impact, positive or negative, (e) Unless already done, do the following precedence over the actions copied from actions except as stated in paragraph (f) the MCAI. on a substantial number of small entities under the criteria of the Regulatory below. Costs of Compliance Flexibility Act. (1) Within 60 days after the effective date of this AD, replace the existing ECU and Based on the service information, we We prepared a regulatory evaluation drain valve. estimate that this proposed AD would of the estimated costs to comply with (2) Follow paragraph 2. of affect about 3 products of U.S. registry. this proposed AD and placed it in the Accomplishment Instructions of Microturbo We also estimate that it would take AD docket. Alert Service Bulletin (ASB) No. 095–49A11, Edition 2, dated October 7, 2005, to do these about 10 work-hours per product to List of Subjects in 14 CFR Part 39 comply with this proposed AD. The actions. average labor rate is $80 per work-hour. Air transportation, Aircraft, Aviation FAA AD Differences safety, Safety. Required parts would cost about $1,000 (f) This AD differs from the mandatory per product. Where the service The Proposed Amendment continuing airworthiness information (MCAI) information lists required parts costs and/ or service information as follows: that are covered under warranty, we Accordingly, under the authority (1) The MCAI issued by an airworthiness have assumed that there will be no delegated to me by the Administrator, authority of another country refers to charge for these costs. As we do not the FAA proposes to amend 14 CFR part Microturbo ASB No. 095–49A11, dated July control warranty coverage for affected 39 as follows: 27, 2005. parties, some parties may incur costs (2) This AD refers to Edition 2 of that ASB, higher than estimated here. Based on PART 39—AIRWORTHINESS dated October 7, 2005, which contains these figures, we estimate the cost of the DIRECTIVES revised torque values. proposed AD on U.S. operators to be 1. The authority citation for part 39 Other FAA AD Provisions $5,400 or $1,800 per product. continues to read as follows: (g) The following provisions also apply to Authority for This Rulemaking this AD: Authority: 49 U.S.C. 106(g), 40113, 44701. (1) Alternative Methods of Compliance Title 49 of the United States Code § 39.13 [Amended] (AMOCs): The Manager, Boston Aircraft specifies the FAA’s authority to issue Certification Office, FAA, has the authority to rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by adding approve AMOCs for this AD, if requested section 106, describes the authority of the following new AD: using the procedures found in 14 CFR 39.19. the FAA Administrator. ‘‘Subtitle VII: 2006–XX–XX Microturbo: Docket No. FAA– (2) Airworthy Product: For any Aviation Programs,’’ describes in more 2006–24846; Directorate Identifier 2006– requirement in this AD to obtain corrective detail the scope of the Agency’s NE–21–AD. actions from a manufacturer or other source, use these actions if they are FAA-approved. authority. Comments Due Date Corrective actions are considered FAA- We are issuing this rulemaking under (a) We must receive comments by January approved if they are approved by the State the authority described in ‘‘Subtitle VII, 17, 2007. of Design Authority (or their delegated Part A, Subpart III, Section 44701: agent). You are required to assure the product General requirements.’’ Under that Affected ADs is airworthy before it is returned to service. section, Congress charges the FAA with (b) None. (3) Reporting Requirements: None.

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Related Information Office between 9 a.m. and 5 p.m., Internet at http://dms.dot.gov. Recently (h) For service information identified in Monday through Friday, except Federal published rulemaking documents can this AD, contact Microturbo SA; Technical holidays. The Docket Office (telephone also be accessed through the FAA’s Web Publications Department; 8 Chemin du pont 1–800–647–5527) is on the plaza level page at http://www.faa.gov or the de Rupe, BP 62089; 31019 Toulouse Cedex 2, of the Department of Transportation Superintendent of Document’s Web France; telephone 33 0 5 61 37 55 00; fax 33 NASSIF Building at the above address. page at http://www.access.gpo.gov/nara. 0 5 61 70 74 45. An informal docket may also be Additionally, any person may obtain (i) France AD No. F–2005–146, dated August 17, 2005, also pertains to the subject examined during normal business hours a copy of this notice by submitting a of this AD. at the office of the Manager, Safety, request to the Federal Aviation (j) Contact Tracy Murphy, Aerospace Alaska Flight Service Operations, Administration, Office of Air Traffic Engineer, Boston Aircraft Certification Office, Federal Aviation Administration, 222 Airspace Management, ATA–400, 800 FAA, Engine & Propeller Directorate, 12 New West 7th Avenue, Box 14, Anchorage, Independence Avenue, SW., England Executive Park, Burlington, MA AK 99513–7587. Washington, DC 20591 or by calling 01803; telephone (781) 238–7172; fax (781) FOR FURTHER INFORMATION CONTACT: Gary (202) 267–8783. Communications must 238–7170, for more information about this identify both docket numbers for this AD. Rolf, Federal Aviation Administration, 222 West 7th Avenue, Box 14, notice. Persons interested in being Issued in Burlington, Massachusetts, on Anchorage, AK 99513–7587; telephone placed on a mailing list for future December 12, 2006. number (907) 271–5898; fax: (907) 271– NPRM’s should contact the FAA’s Peter A. White, 2850; e-mail: [email protected]. Office of Rulemaking, (202) 267–9677, Acting Manager, Engine and Propeller Internet address: http:// to request a copy of Advisory Circular Directorate, Aircraft Certification Service. www.alaska.faa.gov/at. No. 11–2A, Notice of Proposed [FR Doc. E6–21487 Filed 12–15–06; 8:45 am] SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which BILLING CODE 4910–13–P describes the application procedure. Comments Invited The Proposal Interested parties are invited to DEPARTMENT OF TRANSPORTATION participate in this proposed rulemaking The FAA is considering an by submitting such written data, views, amendment to the Code of Federal Federal Aviation Administration or arguments as they may desire. Regulations (14 CFR Part 71), which Comments that provide the factual basis would revise the Class E airspace at Red 14 CFR Part 71 supporting the views and suggestions Dog Airport, AK. The intended effect of [Docket No. FAA–2006–26396; Airspace presented are particularly helpful in this proposal is to revise Class E Docket No. 06–AAL–40] developing reasoned regulatory airspace upward from 700 ft. and 1,200 decisions on the proposal. Comments ft. above the surface to contain Proposed Revision of Class E are specifically invited on the overall Instrument Flight Rules (IFR) operations Airspace; Red Dog, AK regulatory, aeronautical, economic, at Red Dog Airport, AK. environmental, and energy-related The FAA Instrument Flight AGENCY: Federal Aviation Procedures Production and Administration (FAA), DOT. aspects of the proposal. Communications should identify both Maintenance Branch has developed two ACTION: Notice of proposed rulemaking. docket numbers and be submitted in new Special RNAV RNP instrument approaches and one Special RNAV RNP SUMMARY: This action proposes to revise triplicate to the address listed above. departure procedure for the Red Dog Class E airspace at Red Dog, AK. Two Commenters wishing the FAA to Airport. These procedures will be only new Area Navigation (RNAV) Required acknowledge receipt of their comments flown by Alaska Airlines. The new Navigation Performance (RNP) Special on this notice must submit with those approaches are (1) The Area Navigation Instrument Approach Procedures comments a self-addressed, stamped (RNAV) Required Navigation (SIAPs) and an RNAV RNP Special postcard on which the following Performance (RNP) Runway (RWY) 05 Departure Procedure (DP) are being statement is made: ‘‘Comments to and (2) the RNAV RNP RWY 20. The developed for the Red Dog Airport. Docket No. FAA–2006–26396/Airspace departure procedure is the IHOPO ONE Adoption of this proposal would result Docket No. 06–AAL–40.’’ The postcard RNAV RNP Departure. Class E in revision of existing Class E airspace will be date/time stamped and returned controlled airspace extending upward upward from 700 feet (ft.) and 1,200 ft. to the commenter. from 700 ft. and 1,200 ft. above the above the surface at Red Dog Airport, All communications received on or surface within the Red Dog Airport area AK. before the specified closing date for comments will be considered before would be revised by this action. The DATES: Comments must be received on taking action on the proposed rule. The proposed airspace is sufficient in size to or before February 1, 2007. proposal contained in this notice may contain aircraft executing the Special ADDRESSES: Send comments on the be changed in light of comments instrument procedures at the Red Dog proposal to the Docket Management received. All comments submitted will Airport. System, U.S. Department of be available for examination in the The area would be depicted on Transportation, Room Plaza 401, 400 public docket both before and after the aeronautical charts for pilot reference. Seventh Street, SW., Washington, DC closing date for comments. A report The coordinates for this airspace docket 20590–0001. You must identify the summarizing each substantive public are based on North American Datum 83. docket number FAA–2006–26396/ contact with FAA personnel concerned The Class E airspace areas designated as Airspace Docket No. 06–AAL–40, at the with this rulemaking will be filed in the 700/1200 foot transition areas are beginning of your comments. You may docket. published in paragraph 6005 in FAA also submit comments on the Internet at Order 7400.9P, Airspace Designations http://dms.dot.gov. You may review the Availability of Notice of Proposed and Reporting Points, dated September public docket containing the proposal, Rulemaking’s (NPRM’s) 1, 2006, and effective September 15, any comments received, and any final An electronic copy of this document 2006, which is incorporated by disposition in person in the Dockets may be downloaded through the reference in 14 CFR 71.1. The Class E

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airspace designations listed in this Authority: 49 U.S.C. 106(g), 40103, 40113, Dakota submitted the request for document would be published 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– approval of these rule revisions into the subsequently in the Order. 1963 Comp., p. 389. State Implementation Plan (SIP) on The FAA has determined that this § 71.1 [Amended] February 10, 2005. North Dakota has a proposed regulation only involves an 2. The incorporation by reference in federally-approved Prevention of established body of technical 14 CFR 71.1 of Federal Aviation Significant Deterioration (PSD) program regulations for which frequent and Administration Order 7400.9P, Airspace for new and modified sources impacting routine amendments are necessary to Designations and Reporting Points, attainment areas in the State. North keep them operationally current. It, dated September 1, 2006, and effective Dakota is in attainment for all therefore—(1) Is not a ‘‘significant September 15, 2006, is to be amended pollutants, and does not have a SIP- regulatory action’’ under Executive as follows: approved non-attainment permit program. Order 12866; (2) is not a ‘‘significant * * * * * rule’’ under DOT Regulatory Policies On December 31, 2002, EPA and Procedures (44 FR 11034; February Paragraph 6005 Class E airspace extending published revisions to the Federal 26, 1979); and (3) does not warrant upward from 700 feet or more above the Prevention of Significant Deterioration preparation of a regulatory evaluation as surface of the earth. (PSD) and non-attainment NSR the anticipated impact is so minimal. * * * * * regulations (67 FR 80186). These Since this is a routine matter that will revisions are commonly referred to as only affect air traffic procedures and air AAL AK E5 Red Dog, AK [Revised] ‘‘NSR Reform’’ regulations and became navigation, it is certified that this rule, Red Dog Airport, AK effective nationally in areas not covered ° ′ ″ ° ′ ″ when promulgated, will not have a (Lat. 68 01 53 N., long. 162 54 11 W.) by a SIP on March 3, 2003. These Noatak NDB/DME, AK regulatory revisions include provisions significant economic impact on a ° ′ ″ ° ′ ″ (Lat. 67 34 19 N., long. 162 58 26 W.) for baseline emissions determinations, substantial number of small entities Selawik VOR/DME, AK under the criteria of the Regulatory (Lat. 66°36′00″ N., long. 159°59′30″ W.) actual-to-future-actual methodology, plantwide applicability limits (PALs), Flexibility Act. That airspace extending upward from 700 The FAA’s authority to issue rules feet above the surface within a 6.3-mile clean units, and pollution control regarding aviation safety is found in radius of the Red Dog Airport, AK; and that projects (PCPs). On November 7, 2003, Title 49 of the United States Code. airspace extending upward from 1,200 ft. EPA published a reconsideration of the Subtitle 1, Section 106 describes the above the surface within a 14-mile radius of NSR Reform regulations that clarified authority of the FAA Administrator. the Red Dog Airport, AK, and within 5 miles two provisions in the regulations (68 FR either side of a line from the Selawik VOR/ Subtitle VII, Aviation Programs, 63021). On June 24, 2005, the United DME, AK, to lat. 67°38′06″ N., long. States Court of Appeals for the District describes in more detail the scope of the ° ′ ″ ° ′ ″ 162 21 42 W., to lat. 67 54 30 N., long. of Columbia Circuit issued a ruling on agency’s authority. 163°00′00″ W., and within 5 miles either side challenges to the December 2002 NSR This rulemaking is promulgated of a line from the Noatak NDB/DME, AK, to Reform revisions (State of New York v. under the authority described in lat. 67°50′20″ N., long. 163°19′16″ W., and ° ′ ″ EPA, 413 F.3d 3 (D.C. Cir. 2005). Subtitle VII, Part A, Subpart 1, Section within a 5-mile radius of lat. 67 50 20 N., ° ′ ″ Although the Court upheld most of 40103, Sovereignty and use of airspace. long. 163 19 16 W. EPA’s rules, it vacated both the Clean Under that section, the FAA is charged * * * * * Unit and the Pollution Control Project with prescribing regulations to ensure Issued in Anchorage, AK, on December 8, provisions and remanded back to EPA the safe and efficient use of the 2006. the ‘‘reasonable possibility’’ standard for navigable airspace. This regulation is Anthony M. Wylie, when a source must keep certain within the scope of that authority Manager, Alaska Flight Service Information project-related records. because it proposes to create Class E Office. North Dakota is seeking approval at airspace sufficient in size to contain [FR Doc. E6–21517 Filed 12–15–06; 8:45 am] this time for its PSD regulations to aircraft executing instrument BILLING CODE 4910–13–P implement the NSR Reform provisions procedures at the Red Dog Airport and that have not been vacated by the June represents the FAA’s continuing effort 24, 2005, court decision. to safely and efficiently use the ENVIRONMENTAL PROTECTION navigable airspace. DATES: Comments must be received on AGENCY or before January 17, 2007. List of Subjects in 14 CFR Part 71 40 CFR Part 52 ADDRESSES: Submit your comments, Airspace, Incorporation by reference, identified by Docket ID No. EPA–R08– [EPA–R08–OAR–2006–0502; FRL–8257–8] Navigation (air). OAR–2006–0502, by one of the following methods: The Proposed Amendment Approval and Promulgation of Air • http://www.regulations.gov. Follow Quality Implementation; North Dakota; In consideration of the foregoing, the the on-line instructions for submitting Revisions to New Source Review Rules comments. Federal Aviation Administration • proposes to amend 14 CFR part 71 as AGENCY: Environmental Protection E-mail: [email protected] and Agency (EPA). [email protected]. follows: • ACTION: Proposed rule. Fax: (303) 312–6064 (please alert PART 71— DESIGNATION OF CLASS the individual listed in the FOR FURTHER A, CLASS B, CLASS C, CLASS D, AND SUMMARY: EPA is proposing to approve INFORMATION CONTACT if you are faxing CLASS E AIRSPACE AREAS; revisions adopted by North Dakota on comments). AIRWAYS; ROUTES; AND REPORTING February 1, 2005 to Chapter 33–15–15 of • Mail: Richard R. Long, Director, Air POINTS the North Dakota Administrative Code and Radiation Program, Environmental (Prevention of Significant Deterioration Protection Agency (EPA), Region 8, 1. The authority citation for 14 CFR of Air Quality) that incorporate EPA’s Mailcode 8P–AR, 999 18th Street, Suite part 71 continues to read as follows: December 31, 2002 NSR Reforms. North 200, Denver, Colorado 80202–2466.

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• Hand Delivery: Richard R. Long, either electronically in 2. Tips for Preparing Your Comments. Director, Air and Radiation Program, www.regulations.gov or in hard copy at When submitting comments, remember Environmental Protection Agency the Air and Radiation Program, to: (EPA), Region 8, Mailcode 8P–AR, 999 Environmental Protection Agency a. Identify the rulemaking by docket 18th Street, Suite 300, Denver, Colorado (EPA), Region 8, 999 18th Street, Suite number and other identifying 80202–2466. Such deliveries are only 300, Denver, Colorado 80202–2466. EPA information (subject heading, Federal accepted Monday through Friday, 8 a.m. requests that if at all possible, you Register date and page number). to 4:55 p.m., excluding Federal contact the individual listed in the FOR b. Follow directions—The agency may holidays. Special arrangements should FURTHER INFORMATION CONTACT section to ask you to respond to specific questions be made for deliveries of boxed view the hard copy of the docket. You or organize comments by referencing a information. may view the hard copy of the docket Code of Federal Regulations (CFR) part Instructions: Direct your comments to Monday through Friday, 8 a.m. to or section number. Docket ID No. EPA–R08–OAR–2006– 4 p.m., excluding Federal holidays. c. Explain why you agree or disagree; 0502. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: Carl suggest alternatives and substitute received will be included in the public Daly, Air and Radiation Program, U.S. language for your requested changes. docket without change and may be Environmental Protection Agency, d. Describe any assumptions and made available online at Region 8, 999 18th Street, Suite 200, provide any technical information and/ www.regulations.gov, including any Denver, Colorado 80202, (303) 312– or data that you used. personal information provided, unless 6416, [email protected]. e. If you estimate potential costs or the comment includes information SUPPLEMENTARY INFORMATION: burdens, explain how you arrived at claimed to be Confidential Business your estimate in sufficient detail to Information (CBI) or other information Definitions allow for it to be reproduced. whose disclosure is restricted by statute. For the purpose of this document, we f. Provide specific examples to Do not submit information that you are giving meaning to certain words or illustrate your concerns, and suggest consider to be CBI or otherwise initials as follows: alternatives. protected through www.regulations.gov (i) The words or initials Act or CAA g. Explain your views as clearly as or e-mail. The www.regulations.gov Web mean or refer to the Clean Air Act, possible, avoiding the use of profanity site is an ‘‘anonymous access’’ system, unless the context indicates otherwise. or personal threats. which means EPA will not know your (ii) The words EPA, we, us or our h. Make sure to submit your identity or contact information unless mean or refer to the United States comments by the comment period you provide it in the body of your Environmental Protection Agency. deadline identified. comment. If you send an e-mail (iii) The initials SIP mean or refer to II. What Is Being Addressed In This comment directly to EPA, without going State Implementation Plan. Document? through www.regulations.gov your e- (iv) The words State or North Dakota mail address will be automatically mean the State of North Dakota, unless EPA is proposing to approve North captured and included as part of the the context indicates otherwise. Dakota’s revisions to their Air Pollution Control Rules Chapter 33–15–15 comment that is placed in the public Table of Contents docket and made available on the (Prevention of Significant Deterioration I. General Information Internet. If you submit an electronic of Air Quality), submitted by North A. What Should I Consider as I Prepare My Dakota on February 10, 2005, that relate comment, EPA recommends that you Comments for EPA? include your name and other contact II. What Is Being Addressed In This to the PSD construction permit information in the body of your Document? programs of the State of North Dakota. comment and with any disk or CD–ROM III. What Are The Changes That EPA Is These revisions to Chapter 33–15–15 you submit. If EPA cannot read your Approving? were adopted by the North Dakota comment due to technical difficulties IV. What Action is EPA Taking Today? Department of Health on February 1, and cannot contact you for clarification, V. Statutory and Executive Order Reviews 2005. North Dakota’s Regulations for a EPA may not be able to consider your I. General Information PSD program for attainment areas were comment. Electronic files should avoid federally-approved and made a part of the use of special characters, any form A. What Should I Consider as I Prepare the SIP on November 2, 1979 (44 FR of encryption, and be free of any defects My Comments for EPA? 63103). or viruses. For additional information 1. Submitting CBI. Do not submit CBI On December 31, 2002, EPA about EPA’s public docket visit the EPA to EPA through www.regulations.gov or published revisions to the Federal PSD Docket Center homepage at http:// e-mail. Clearly mark the part or all of and non-attainment NSR regulations in www.epa.gov/epahome/dockets.htm. the information that you claim to be 40 CFR Parts 51 and 52 (67 FR 80186). For additional instructions on CBI. For CBI information in a disk or These revisions are commonly referred submitting comments, go to Section I. CD–ROM that you mail to EPA, mark to as the ‘‘NSR Reform’’ regulations and General Information of the the outside of the disk or CD–ROM as became effective nationally in areas not SUPPLEMENTARY INFORMATION section of CBI and then identify electronically covered by a SIP on March 3, 2003. this document. within the disk or CD–ROM the specific These regulatory revisions include Docket: All documents in the docket information that is claimed as CBI. In provisions for baseline emissions are listed in the www.regulations.gov addition to one complete version of the determinations, actual-to-future-actual index. Although listed in the index, comment that includes information methodology, plantwide applicability some information is not publicly claimed as CBI, a copy of the comment limits (PALs), clean units, and pollution available, e.g., CBI or other information that does not contain the information control projects (PCPs). As stated in the whose disclosure is restricted by statute. claimed as CBI must be submitted for December 31, 2002 rulemaking, State Certain other material, such as inclusion in the public docket. and local permitting agencies must copyrighted material, will be publicly Information so marked will not be adopt and submit revisions to their part available only in hard copy. Publicly- disclosed except in accordance with 51 permitting programs implementing available docket materials are available procedures set forth in 40 CFR part 2. the minimum program elements of that

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rulemaking no later than January 2, on October 1, 2003 with the exceptions 52.21(b)(53), 52.21(b)(54), 52.21(d), 2006 (67 FR 80240). With the February noted below. North Dakota did not 52.21(e), 52.21(h), 52.21(i), 52.21(k)(1), 10, 2005 submittal, North Dakota incorporate by reference those sections 52.21(l)(1), 52.21(m)(3), 52.21(o)(1), requested approval of program revisions of the Federal rules that do not apply to 52.21(p), 52.21(p)(6), 52.21(p)(7), into the State Implementation Plan (SIP) state activities or are reserved for the 52.21(p)(8), 52.21(q), 52.21(r)(2), that satisfy this requirement. Administrator of the EPA, such as the 52.21(v)(1), 52.21(v)(2)(iv)(a), On November 7, 2003, EPA published ‘‘delegation of authority’’ section found 52.21(w)(1), and 52.21(aa)(15). EPA’s a reconsideration of the NSR Reform at 40 CFR 52.21(u) and the ‘‘plan review of these revisions is contained in regulations that clarified two provisions disapproval’’ section found in 40 CFR a Technical Support Document (TSD) in the regulations by including a 52.21(a)(1). North Dakota retained for this action. The TSD is available for definition of ‘‘replacement unit’’ and by existing SIP language for review as part of the Docket for this clarifying that the plantwide ‘‘reclassification’’ at 33–15–15–02. The action. applicability limitation (PAL) baseline reclassification provision at 40 CFR The North Dakota ‘‘incorporation by calculation procedures for newly 52.21(g) was not revised by the reference’’ properly clarified the constructed units do not apply to December 2002 NSR Reform rule, so it circumstances in which the term modified units (68 FR 63021). is acceptable that North Dakota’s ‘‘Administrator,’’ found throughout the On June 24, 2005, the United States existing SIP-approved reclassification Federal rules, was to remain the EPA Court of Appeals for the District of provision remains in the SIP. Administrator, and when it was Columbia Circuit issued a ruling on In an August 30, 2005 letter to EPA, intended to refer to the ‘‘North Dakota challenges to the December 2002 NSR North Dakota requested that EPA not Department of Health,’’ instead. Reform revisions (State of New York et take action on the Clean Unit and As noted above, on November 7, 2003, al. v. EPA, 413 F.3d 3 (D.C. Cir. 2005)). Pollution Control Project provisions and EPA published a reconsideration of the Although the Court upheld most of on the term ‘‘reasonable possibility’’ as NSR Reform regulations that added a EPA’s rules, it vacated both the Clean they were incorporated by reference into definition of ’’replacement unit’’ and Unit and the Pollution Control Project Chapter 33–15–15. However, North clarified that the plantwide applicability provisions and remanded back to EPA Dakota has since withdrawn its request limitation (PAL) baseline calculation the recordkeeping provision at 40 CFR for no action on the term ‘‘reasonable procedures for newly-constructed units 52.21(r)(6) that required a stationary possibility’’ used in § 52.21(r)(6). do not apply to modified units. Since source to keep records of projects when Therefore, EPA is not taking action at North Dakota has incorporated by there was a ‘‘reasonable possibility’’ that this time on the following provisions in reference the regulations in 40 CFR the project could result in a significant Chapter 33–15–15: 40 CFR 52.21(x), 52.21 ‘‘as they exist on October 1, 2003’’ emissions increase. 52.21(y), 52.21(z), 52.21(a)(2)(iv)(e), the (North Dakota provision 33–15–15– In an August 30, 2005 letter to EPA, second sentence of 52.21(a)(2)(iv)(f), 01.2), these clarifications are not North Dakota requested that EPA not 52.21(a)(2)(vi), 52.21(b)(2)(iii)(h), proposed for approval at this time. EPA take action on the clean unit and PCP 52.21(b)(3)(iii)(b), 52.21(b)(3)(vi)(d), has communicated to North Dakota that, provisions of the State rule and on the 52.21(b)(32), and 52.21(b)(42). at its earliest convenience, the State term ‘‘reasonable possibility’’ as they The phrase ‘‘reasonable possibility’’ should revise provision 33–15–15–01.2 were incorporated by reference into the used in the Federal rule at 40 CFR (Scope) to specify that 40 CFR 52.21 as North Dakota Air Pollution Control 52.21(r)(6) limits the recordkeeping amended and promulgated on July 1, Rules Chapter 33–15–15. North Dakota provisions to modifications at facilities 2004, or later, is incorporated by requested no action on these provisions that use the actual-to-future-actual reference in order for these clarifications because of the June 24, 2005 United methodology to calculate emissions to become part of the SIP. States Court of Appeals for the District changes and that may have a The requirements included in North of Columbia Circuit’s decision. North ‘‘reasonable possibility’’ of a significant Dakota’s PSD program, as specified in Dakota has since withdrawn their emissions increase. EPA has not yet Chapter 33–15–15, are substantively the request for no action on the term responded to the D.C. Circuit Court’s same as the Federal provisions, due to ‘‘reasonable possibility.’’ North Dakota remand of the recordkeeping provisions North Dakota’s incorporation of the has also supplemented its February 10, of EPA’s 2002 NSR Reform Rules. The Federal rules by reference. The revisions 2005 request in a November 2, 2005 North Dakota rule contains North Dakota made to 40 CFR 52.21 submission that provided corrections to recordkeeping requirements that are noted above were reviewed by EPA and several typographical errors in Chapter identical to the remanded Federal rule. found to be as stringent, or more 33–15–15. All of these documents are As a result, EPA’s final decision with stringent, than the Federal rules. EPA available for review as part of the regard to the remand may require EPA has, therefore, determined that the Docket for this action. to take further action on this portion of proposed revisions are consistent with North Dakota’s rules. At this time, the program requirements for the III. What Are The Changes That EPA Is however, North Dakota’s recordkeeping preparation, adoption and submittal of Approving? provisions are as stringent as the implementation plans for the Prevention EPA is proposing to approve a Federal requirements, and are therefore, of Significant Deterioration of Air revision to North Dakota’s SIP that approvable. Quality, as set forth at 40 CFR 51.166, would incorporate by reference the The following provisions in 40 CFR and are approvable as part of the North Federal requirements found at 40 CFR 52.21 have been revised in North Dakota Dakota SIP. 52.21 into the State’s PSD program. The Air Quality Rules Chapter 33–15–15 to current revision to the North Dakota Air either add language that is currently IV. What Action Is EPA Taking Today? Pollution Control Rules Chapter 33–15– contained in the North Dakota SIP or to EPA is proposing to approve revisions 15, which EPA is now proposing to add new language to North Dakota’s to North Dakota Air Pollution Control approve into the SIP, incorporates by PSD program: 40 CFR 52.21(b)(3)(iii)(a), Rules, Chapter 33–15–15, Prevention of reference the provisions of 40 CFR 52.21 52.21(b)(14), 52.21(b)(15), 52.21(b)(22), Significant Deterioration of Air Quality. paragraphs (a)(2) through (f), (h) through 52.21(b)(29), 52.21(b)(30), 52.21(b)(43), Per North Dakota’s request, EPA is (r), and (v) through (bb) as they existed 52.21(b)(48)(ii), 52.21(b)(51), taking no action on Clean Unit

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Exemptions (40 CFR 52.21(x) and (y)) substantial direct effects on the States, ENVIRONMENTAL PROTECTION and Pollution Control Projects (40 CFR on the relationship between the national AGENCY 52.21(z)). government and the States, or on the distribution of power and 40 CFR Part 52 V. Statutory and Executive Order responsibilities among the various Reviews [EPA–R09–OAR–2006–0926; FRL–8257–6] levels of government, as specified in Executive Order 12866; Regulatory Executive Order 13132 (64 FR 43255, Approval and Promulgation of Planning and Review August 10, 1999). This action merely Implementation Plans; Revisions to the Under Executive Order 12866 (58 FR proposes to approve a State rule Nevada State Implementation Plan; 51735, October 4, 1993), this action is implementing a Federal standard, and Excess Emissions Provisions not a ‘‘significant regulatory action’’ and does not alter the relationship or the therefore is not subject to review by the distribution of power and AGENCY: Environmental Protection Office of Management and Budget. responsibilities established in the Clean Agency (EPA). Air Act. ACTION: Proposed rule. Executive Order 13211: Actions That Significantly Affect Energy Supply, Executive Order 13045 Protection of SUMMARY: EPA is proposing two actions Distribution, or Use Children From Environmental Health related to excess emissions provisions and Safety Risks Because it is not a ‘‘significant that were previously approved by EPA regulatory action’’ under Executive This proposed rule also is not subject into the Nevada Department of Order 12866 or a ‘‘significant energy to Executive Order 13045 ‘‘Protection of Conservation and Natural Resources action,’’ as that term is defined in Children from Environmental Health portion of the Nevada State Executive Order 13211, this action is Risks and Safety Risks’’ (62 FR 19885, Implementation Plan. These proposed also not subject to Executive Order April 23, 1997), because it is not actions include approval of a State 13211, ‘‘Actions Concerning Regulations ‘‘economically significant’’ under request for rescission of certain That Significantly Affect Energy Supply, Executive Order 12866. provisions related to excess emissions and correction of an error made by the Distribution, or Use’’ (66 FR 28355, May National Technology Transfer Agency in approving another provision 22, 2001). Advancement Act also related to excess emissions. We are Regulatory Flexibility Act In reviewing SIP submissions, EPA’s proposing to correct the error by This proposed action merely proposes role is to approve State choices, disapproving the previously approved to approve State law as meeting Federal provided that they meet the criteria of provision and thereby deleting the requirements and imposes no additional the Clean Air Act. In this context, in the provision from the plan. The proposed requirements beyond those imposed by absence of a prior existing requirement approval of the rescission request is State law. Accordingly, the for the State to use voluntary consensus contingent upon receipt of certain Administrator certifies that this standards (VCS), EPA has no authority public notice and hearing proposed rule will not have a significant to disapprove a SIP submission for documentation from the State of economic impact on a substantial failure to use VCS. It would thus be Nevada. EPA is proposing these actions number of small entities under the inconsistent with applicable law for under the Clean Air Act authority to Regulatory Flexibility Act (5 U.S.C. 601 EPA, when it reviews a SIP submission, correct errors in approving, and et seq.). to use VCS in place of a SIP submission obligation to take action on, State that otherwise satisfies the provisions of submittals of revisions to state Unfunded Mandates Reform Act the Clean Air Act. Thus, the implementation plans. The intended Because this rule proposes to approve requirements of section 12(d) of the effect is to correct a past error in pre-existing requirements under State National Technology Transfer and approving a particular provision into law and does not impose any additional Advancement Act of 1995 (15 U.S.C. the plan and to allow for the rescission enforceable duty beyond that required 272 note) do not apply. of closely-related provisions. EPA is by State law, it does not contain any Paperwork Reduction Act taking comments on this proposal and unfunded mandate or significantly or plans to follow with a final action. This proposed rule does not impose uniquely affect small governments, as DATES: an information collection burden under Any comments must arrive by described in the Unfunded Mandates January 17, 2007. Reform Act of 1995 (Pub. L. 104–4). the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 ADDRESSES: Submit comments, Executive Order 13175 Consultation et seq.). identified by docket number EPA–R09– and Coordination With Indian Tribal OAR–2006–0926, by one of the Governments List of Subjects in 40 CFR Part 52 following methods: This proposed rule does not have Environmental protection, Air 1. Federal eRulemaking Portal: tribal implications because it will not pollution control, Carbon monoxide, http://www.regulations.gov. Follow the have a substantial direct effect on one or Intergovernmental relations, Lead, on-line instructions. more Indian tribes, on the relationship Nitrogen dioxide, Ozone, Particulate 2. E-mail: [email protected]. between the Federal Government and matter, Reporting and recordkeeping 3. Mail or deliver: Andrew Steckel Indian tribes, or on the distribution of requirements, Sulfur oxides, Volatile (Air-4), U.S. Environmental Protection power and responsibilities between the organic compounds. Agency Region IX, 75 Hawthorne Street, Federal Government and Indian tribes, Authority: 42 U.S.C. 7401 et seq. San Francisco, CA 94105–3901. Instructions: All comments will be as specified by Executive Order 13175 Dated: December 1, 2006. (59 FR 22951, November 9, 2000). included in the public docket without Kerrigan G. Clough, change and may be made available Executive Order 13132 Federalism Acting Regional Administrator, Region 8. online at www.regulations.gov, This action does not have Federalism [FR Doc. E6–21502 Filed 12–15–06; 8:45 am] including any personal information implications because it does not have BILLING CODE 6560–50–P provided, unless the comment includes

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Confidential Business Information (CBI) at EPA Region IX, 75 Hawthorne Street, II. What Is the Background for This Proposal? or other information whose disclosure is San Francisco, California. While all III. How Are We Evaluating These restricted by statute. Information that documents in the docket are listed in Provisions? you consider CBI or otherwise protected the index, some information may be IV. What Are Our Proposed Actions on These should be clearly identified as such and publicly available only at the hard copy Provisions? should not be submitted through location (e.g., copyrighted material), and A. NAC 445.667 www.regulations.gov or e-mail. some may not be publicly available in B. NAQR Article 2.5.4 www.regulations.gov is an ‘‘anonymous either location (e.g., CBI). To inspect the V. Proposed Actions, Public Comment and access’’ system, and EPA will not know hard copy materials, please schedule an Final Actions your identity or contact information appointment during normal business VI. Statutory and Executive Order Reviews unless you provide it in the body of hours with the contact listed in the FOR I. Which Provisions Are Covered by your comment. If you send e-mail FURTHER INFORMATION CONTACT section. This Proposal? directly to EPA, your e-mail address FOR FURTHER INFORMATION CONTACT: Julie will be automatically captured and A. Rose, EPA Region IX, (415) 947– This document provides notice of included as part of the public comment. 4126. EPA’s proposed actions on the following If EPA cannot read your comment due SUPPLEMENTARY INFORMATION: State rules approved by EPA under to technical difficulties and cannot Throughout this document, ‘‘we,’’ ‘‘us’’ section 110 of the Clean Air Act (CAA contact you for clarification, EPA may and ‘‘our’’ refer to EPA. or ‘‘Act’’) and thereby made a part of the not be able to consider your comment. applicable state implementation plan Docket: The index to the docket for Table of Contents (SIP) for the State of Nevada. this action is available electronically at I. Which Provisions Are Covered by This www.regulations.gov and in hard copy Proposal?

Most recent approval date Rule No. Title or text Submittal date and FR cite

NAC 445.677 ...... Excess emissions: Scheduled maintenance; testing; malfunc- 10/26/82 03/27/84 at 49 FR 11626. tions. NAQR Article 2.5.4 ...... ‘‘Breakdown or upset, determined by the Director to be un- 10/31/75 01/09/78 at 43 FR 1341. avoidable and not the result of careless or marginal oper- ations, shall not be considered a violation of these regula- tions’’.

II. What Is the Background for This The original SIP, approved by EPA in The State of Nevada amended NAQR Proposal? May 1972, included NAQR article 2.5 article 2.5, and submitted the amended (‘‘Scheduled Maintenance, Testing, and versions to EPA, at various times during In January 1972, in response to the Breakdown or Upset’’), which contained the 1970’s and early 1980’s. In January Clean Air Amendments of 1970, the what are referred to as ‘‘excess 1978, EPA approved amended versions Governor of Nevada submitted the emissions’’ or ‘‘malfunction’’ of subsections 2.5.1, 2.5.2, and 2.5.4 that original SIP to EPA for approval. EPA provisions. Herein, we use the term had been submitted on October 31, 1975 approved certain portions of the original ‘‘excess emissions,’’ and in this context, (see 43 FR 1341, January 9, 1978 and 40 SIP and disapproved other portions ‘‘excess emissions’’ means emissions of CFR 52.1470(c)(11)) and, later that year, under section 110(a) of the CAA. See 37 an air pollutant in excess of an emission approved an amended version of FR 10842 (May 31, 1972) and 40 CFR standard. NAQR article 2.5, as approved subsection 2.5.3 that had been 52.1470(b). For some of the disapproved by EPA in May 1972, reads: submitted on December 10, 1976 (see 43 portions of the original SIP, EPA FR 36932, August 21, 1978 and 40 CFR promulgated substitute provisions, 2.5 Scheduled Maintenance, Testing, and Breakdown or Upset: 52.1470(c)(12)). The amendments to referred to as Federal implementation 2.5.1 Scheduled maintenance, testing article 2.5 approved in 1978 involved plan (FIP) provisions, under section approved by the control officer, or minor changes, such as the replacement 110(c) of the Act. See, e.g., EPA’s final repairs which may result in emission of of the term ‘‘control officer’’ with the rule at 38 FR 7270 (February 25, 1974) air contaminants prohibited by these term ‘‘Director’’ and the specification of in which EPA established provisions for regulations shall be performed during a a phone number for notifying the review of new or modified indirect time designated by the control officer as Director of the occurrence of breakdown sources. being favorable for atmospheric or upset conditions. This original SIP included various ventilation. In 1982, the State of Nevada amended, rules, codified as articles within the 2.5.2 The control officer shall be notified re-codified, and submitted NAQR article Nevada Air Quality Regulations in writing on the time and expected 2.5 as NAC 445.667 (‘‘Excess emissions: (NAQR), and various statutory duration at least 24 hours in advance of scheduled maintenance; testing; any scheduled maintenance which may provisions codified in title 40, chapter malfunctions’’) and NAC 445.668 result in emission of air contaminants 445 of the Nevada Revised Statutes prohibited by these regulations. (‘‘Excess emissions: Determination of (NRS). In the early 1980’s, Nevada 2.5.3 The control officer shall be notified fault’’). NAC 445.667 reflected minor reorganized and re-codified its air within 24 hours after any breakdown or revisions to the reporting requirements quality rules as sections within chapter upset. of former NAQR article 2.5 (i.e., 445 of the Nevada Administrative Code 2.5.4 Breakdown or upset, determined by subsections 2.5.1, 2.5.2, and 2.5.3) but (NAC). Today, Nevada codifies its air the control officer to be unavoidable and also included a new paragraph requiring quality regulations in chapter 445B of not the result of careless or marginal owners and operators to provide within the NAC and codifies air quality statutes operations, shall not be considered a 15 days after any malfunction, in chapter 445B of title 40 of the NRS. violation of these regulations. breakdown, upset, startup or human

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error ‘‘sufficient information’’ to enable III. How Are We Eealuating These IV. What Are Our Proposed Actions on the director to determine the Provisions? These Provisions? seriousness of the excess emissions and A. NAC 445.667 specifying what constituted ‘‘sufficient Under CAA sections 110(k)(2) and (3), information’’. In 1984, we approved EPA is obligated to approve or NAC 445.667 establishes reporting NAC 445.667 and thereby effectively disapprove (in whole or in separable requirements under two circumstances part) submittals by States of SIPs and involving the potential or the replaced all of NAQR article 2.5 in the SIP revisions found or deemed to be occurrence of excess emissions. First, applicable Nevada SIP except for complete, and under CAA section NAC 445.667 requires advance notice to subsection 2.5.4. See 49 FR 11626 110(k)(6), EPA has the authority to the Director of any scheduled (March 27, 1984). In contrast to NAC correct errors made by the Agency in maintenance or repairs that may result 445.667, EPA took no action to approve approving such SIPs and SIP revisions. in excess emissions. Second, NAC or disapprove NAC 445.668, the re- EPA has reviewed the State’s request for 445.667 requires the Director to be codified version of NAQR article 2.5.4. rescission of certain excess emissions notified within certain prescribed Thus, the excess emissions provisions provisions and considered the removal periods of any excess emissions that in the applicable SIP currently include of another excess emissions provision occur after any malfunction of process NAC 445.667, as approved in March for compliance with the CAA or pollution control equipment or 1984, and NAQR 2.5.4, as approved in requirements for SIPs in general set during startup of such equipment. January 1978. forth in CAA section 110(a) and 40 CFR Upon review of CAA section 110(a)(2) In a SIP revision submittal dated part 51 (particularly, subpart K ‘‘Source and 40 CFR part 51, subpart K (‘‘Source Surveillance’’), we find that the episodic January 12, 2006, the Governor’s Surveillance’’) and also for compliance reporting of excess emissions required designee for SIP matters, the Nevada with CAA requirements for SIP under NAC 445.667 generally supports Division of Environmental Protection revisions in CAA section 110(l) and 2 enforceability of the SIP and protection (NDEP), requested rescission of many 193. We have also applied the principles set forth in the following EPA of the NAAQS. However, a review of the rules from the applicable SIP, including text of the excess emissions provisions NAC 445.667.1 As discussed below, we policy memoranda (collectively, ‘‘excess emissions policy memoranda’’): themselves and the regulatory history of are proposing to approve this request • the State’s submittals and EPA actions because of its connection to NAQR ‘‘Policy on Excess Emissions During (or inaction as the case may be) on article 2.5.4, which we approved in Startup, Shutdown, Maintenance, and NAQR article 2.5, NAC 445.667, and error into the SIP, and for which we are Malfunctions’’ from Kathleen M. NAC 445.668 convinces us that NAC now proposing disapproval. Bennett, Assistant Administrator for 445.667 should not be separated from Air, Noise and Radiation, dated NDEP has not requested rescission of NAQR article 2.5.4 for the purposes of September 28, 1982; SIP actions under CAA section 110(k)(3) NAQR article 2.5.4 from the applicable • SIP. We propose, however, as discussed ‘‘Policy on Excess Emissions During and related error corrections under CAA section 110(k)(6). Note, for example, below, to initiate action herein to Startup, Shutdown, Maintenance, and Malfunctions’’ from Kathleen M. that NAC 445.667 and NAC 445.668 disapprove this previously-approved Bennett, Assistant Administrator for were originally codified as subsections provision under CAA section 110(k)(6), Air, Noise and Radiation, dated within a single rule, NAQR article 2.5, which expressly provides EPA with February 15, 1983; ‘‘Scheduled Maintenance, Testing, and authority to correct errors in prior SIP • ‘‘State Implementation Plans (SIPs): Breakdown or Upset.’’ approvals, and thereby delete NAQR CAA section 110(k)(3) provides for Policy Regarding Excess Emissions article 2.5.4 from the applicable SIP. In full or partial approvals and During Malfunctions, Startup, and doing so, we find that approval of disapprovals of SIP submittals. We Shutdown’’ from Steven A. Herman, NAQR article 2.5.4 into the SIP in 1972, consider ‘‘separable’’ portions of SIP Assistant Administrator for Enforcement and then again in amended form, in submittals to be eligible for separate and Compliance Assurance, and Robert 1978, was an error because NAQR action under CAA section 110(k)(3). By Perciasepe, EPA Assistant article 2.5.4, which exempts certain ‘‘separable,’’ EPA means that the action Administrator for Air and Radiation, it anticipates taking will not result in occurrences of excess emissions from dated September 20, 1999; and the potential for enforcement at the the approved rule(s) being more • discretion of NDEP, is not consistent ‘‘Re-Issuance of Clarification—State stringent than the State anticipated. See with attainment and maintenance of the Implementation Plans (SIPs): Policy EPA memorandum from John Calcagni, national ambient air quality standards Regarding Excess Emissions During Office of Air Quality Planning and Malfunctions, Startup, and Shutdown’’ (NAAQS) nor with the regulatory Standards, entitled ‘‘Processing of State from Eric Schaeffer, Director, Office of framework of the Act, which gives EPA Implementation Plan (SIP) Submittals,’’ Regulatory Enforcement and John S. and citizens independent authority to dated July 9, 1992. In the context of an Seitz, Director, Office of Air Quality error correction under CAA section enforce emissions limitations and other Planning and Standards, dated 110(k)(6), we apply the principle of requirements approved into the SIP. December 5, 2001. being separable to avoid a result in which the approved rule(s) in the SIP 1 The January 12, 2006 SIP submittal superseded 2 CAA section 110(l) prohibits EPA from becomes more stringent than the State in part an earlier SIP submittal dated February 16, approving any SIP revision that would interfere anticipated upon our removal of another 2005. The January 12, 2006 SIP submittal was not with any applicable requirement concerning a complete re-submittal of the earlier submittal in attainment and reasonable further progress, or any rule or portion of that rule. In this case, that it did not include the documentation of public other applicable requirement of the CAA. CAA we believe that the State intended the notice and hearing for new or amended rules section 193 prohibits modifications in control two excess emissions rules, i.e., adopted prior to 2005. CAA section 110(l) requires requirements that were in effect before the Clean reporting provisions of NAC 445.667 reasonable notice and public hearing prior to Air Act Amendments of 1990 in any nonattainment adoption of SIP revisions by States for subsequent area unless the modification insures equivalent or and the determination of fault submittal to EPA for approval or disapproval under greater emission reductions of the nonattainment provisions of NAQR article 2.5.4, to be CAA section 110(k)(3). pollutant. considered together as a single

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regulatory scheme whereby owners and are not consistent with the fundamental Section 110(k)(6) of the Clean Air Act, operators can avoid enforcement purpose of a SIP, which as set forth in as amended in 1990, provides, proceedings triggered by excess CAA section 110(a)(1) is to provide for ‘‘Whenever the Administrator emissions due to malfunctions if they implementation, maintenance, and determines that the Administrator’s follow the related reporting enforcement of the NAAQS. See 42 FR action approving, disapproving, or requirements and take the necessary 21472 (April 27, 1997), 42 FR 58171 promulgating any plan or plan revision remedial steps. In other words, we (November 8, 1977), and EPA’s excess (or part thereof), area designation, believe the State did not intend the emissions policy memoranda.3 We view redesignation, classification or excess emissions reporting requirements all excursions above SIP emission limits reclassification was in error, the for malfunctions to exist independently as violations because the purpose of SIP Administrator may in the same manner in the SIP from the related limits are to protect the NAAQS, and as the approval, disapproval, or determination of fault provisions. thus, any emissions above such limits promulgation revise such action as Given the connection between NAQR may cause or contribute to violations of appropriate without requiring any article 2.5.4 and NAC 445.667, the NAAQS. further submission from the State. Such therefore, and because we erred in Moreover, SIPs must include determination and the basis thereof approving (and are proposing enforceable emission limitations (see shall be provided to the State and the disapproval of) the former, as discussed CAA section 110(a)(2)(A)), and Congress public.’’ below, we propose to approve the intended such limitations to be We interpret this provision to State’s request for rescission of the continuous in nature. See the definition authorize the Agency to make latter. Neither the January 12, 2006 SIP of ‘‘emission limitation’’ in CAA section corrections to a promulgated regulation revision submittal nor the February 16, 302(k).4 Allowing the Director to when it is shown to our satisfaction (or 2005 SIP revision submittal (that the exempt from enforcement incidents we discover) that (1) We clearly erred in latter submittal replaced in part) during which emissions exceed the failing to consider or in inappropriately included public participation underlying emissions limitation means considering information made available documentation for this requested that none of the emission limitations in to EPA at the time of the promulgation, rescission, thus, our proposed approval the SIP otherwise subject to or the information made available at the of the rescission of NAC 445.667 from enforcement under State law and the time of promulgation is subsequently the SIP is contingent upon receipt of Clean Air Act are truly continuous in demonstrated to have been clearly public notice and hearing nature but rather may be discontinued inadequate, and (2) other information documentation from the State of for indefinite periods by the Director. persuasively supports a change in the Nevada. Such documentation is Lastly, by leaving enforcement of the regulation. See 57 FR 56762, at 56763 required under CAA section 110(l) for underlying emission limitation in the (November 30, 1992). In this instance, we have found clear all SIP revisions. sole hands of the Director of the State We note that approval of the error in our 1972 and 1978 approvals of air pollution agency without explicit rescission request for NAC 445.667 NAQR article 2.5.4 as a part of the limits to his/her discretion, NAQR would have no effect on excess Nevada SIP because at the time of our article 2.5.4 conflicts with the regulatory emissions reporting requirements that 1972 and 1978 actions approving this structure of the Clean Air Act, which is apply to stationary sources under other rule, the Clean Air Act required SIPs to intended to provide for independent SIP rules, under 40 CFR part 60 implement, maintain, and enforce the enforcement by EPA and citizens of (‘‘Standards of performance for new NAAQS through continuous emissions emissions limitations and other stationary sources’’), or 40 CFR parts 61 limitations and provided for a requirements approved by EPA into (‘‘National emission standards for regulatory scheme whereby EPA and SIPs. See, generally, CAA sections 113 hazardous air pollutants’’) and 63 citizens have enforcement authority (‘‘Federal enforcement’’) and 304 (‘‘National emission standards for separate from that of the State; whereas, (‘‘Citizen suits’’). The purpose of SIPs to hazardous air pollutants for source NAQR article 2.5.4 provides for protect the NAAQS, the continuous categories’’). discontinuance of emission limitations nature of emissions limitations, and the under certain conditions without regard B. NAQR Article 2.5.4 independent authorities for EPA and to protection of the NAAQS. Further, by NAQR article 2.5.4 allows the Director citizen represent core elements of the determining that excess emissions are (which, in this context, refers to NDEP) Clean Air Act from as far back as the not a violation of the SIP, the Director to exempt from enforcement certain Clean Air Amendments of 1970. Thus, can at his discretion cut off EPA or excess emissions due to malfunction. our approvals of NAQR article 2.5.4 as citizen enforcement of the underlying NDEP’s discretion in this regard is part of the Nevada SIP on May 31, 1972 emissions limitation thereby limited to conditions that NDEP (37 FR 10842), and then again, in confounding the regulatory scheme determines to be unavoidable and not amended form, on January 9, 1978 (43 promulgated by Congress in the Clean the result of careless or marginal FR 1341) were clearly in error. Air Act. We also find that continued operations but can be used to exempt presence of NAQR article 2.5.4 in the 3 such excess emissions from any source EPA’s interpretation of section 110 in the applicable Nevada SIP undermines context of State excess emissions provisions has under NDEP jurisdiction regardless of been upheld by the United State Court of Appeals enforceability of the SIP and is the source’s potential to cause or for the Sixth Circuit in Michigan Mfrs. Ass’n v. potentially harmful to the environment. contribute to violations of the NAAQS. Browner, 230 F.3d 181 (6th Cir. 2000). Therefore, under CAA section NAQR article 2.5.4 does not limit the 4 Under CAA section 302(k), the terms ‘‘emission 110(k)(6), we are proposing to correct limitation’’ and ‘‘emission standard’’ mean a duration of the exemption nor include requirement established by the State or the our errors in approving NAQR article any provisions that serve to protect Administrator which limits the quantity, rate, or 2.5.4 as part of the Nevada SIP on May ambient air quality during the concentration of emissions of air pollutants on a 31, 1972 (37 FR 10842) and on January exemption period for the purpose of continuous basis, including any requirement 9, 1978 (43 FR 1341) by disapproving relating to the operation or maintenance of a source avoiding violations of the NAAQS. to assure continuous emission reduction, and any the previously approved versions of the EPA’s long-standing position is that design, equipment, work practice or operational rule and thereby deleting the rule from provisions such as NAQR article 2.5.4 standard promulgated under this chapter. the applicable SIP. If finalized as

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proposed, we will codify the error VI. Statutory and Executive Order the Clean Air Act. In this context, in the correction by amending 40 CFR Reviews absence of a prior existing requirement 52.1470(b), 52.1470(c)(11), and 52.1483 Under Executive Order 12866 (58 FR for the State to use voluntary consensus accordingly.5 51735, October 4, 1993), this proposed standards (VCS), EPA has no authority action is not a ‘‘significant regulatory to disapprove a SIP submission for V. Proposed Actions, Public Comment failure to use VCS. It would thus be and Final Actions action’’ and therefore is not subject to review by the Office of Management and inconsistent with applicable law for Under section 110(k)(3) of the CAA, Budget. For this reason, this action is EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission EPA is proposing approval of a request also not subject to Executive Order that otherwise satisfies the provisions of by the State of Nevada for rescission of 13211, ‘‘Actions Concerning Regulations the Clean Air Act. Thus, the NAC 445.667 (‘‘Excess emissions: That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May requirements of section 12(d) of the Scheduled maintenance; testing; National Technology Transfer and malfunctions’’) from the applicable SIP 22, 2001). This action merely proposes to delete previously approved state rules Advancement Act of 1995 (15 U.S.C. because of the connection between NAC 272 note) do not apply. This proposed 445.667 and NAQR article 2.5.4, which that, viewed collectively, fail to meet Federal requirements and imposes no rule does not impose an information we approved in error and for which we collection burden under the provisions are proposing disapproval. additional requirements. Accordingly, the Administrator certifies that this of the Paperwork Reduction Act of 1995 EPA is also proposing, under section proposed rule will not have a significant (44 U.S.C. 3501 et seq.). 110(k)(6) of the CAA, to correct errors economic impact on a substantial List of Subjects in 40 CFR Part 52 made by the Agency in approving number of small entities under the NAQR article 2.5.4 in 1972 and again in Regulatory Flexibility Act (5 U.S.C. 601 Environmental protection, Air 1978 as part of the applicable SIP by et seq.). Because this rule proposes to pollution control, Intergovernmental disapproving the previously approved rescind or delete pre-existing relations, Reporting and recordkeeping versions of the rule and thereby deleting requirements under state law and does requirements. NAQR article 2.5.4 from the applicable not impose any additional enforceable Authority: 42 U.S.C. 7401 et seq. SIP. We are proposing this correction duty beyond that required by state law, Dated: December 8, 2006. because the subject rule provides an it does not contain any unfunded Jane Diamond, exemption from enforcement at the mandate or significantly or uniquely Acting Regional Administrator, Region IX. State’s discretion for certain excess affect small governments, as described [FR Doc. E6–21500 Filed 12–15–06; 8:45 am] emissions and is thereby inconsistent in the Unfunded Mandates Reform Act BILLING CODE 6560–50–P with the fundamental purpose of the of 1995 (Public Law 104–4). SIP, which is to provide for This proposed rule also does not have implementation, maintenance, and tribal implications because it will not ENVIRONMENTAL PROTECTION enforcement of the NAAQS, have a substantial direct effect on one or AGENCY inconsistent with Congressional intent more Indian tribes, on the relationship for continuous emission limits, and between the Federal Government and 40 CFR Part 52 inconsistent with the regulatory Indian tribes, or on the distribution of power and responsibilities between the [EPA–R05–OAR–2004–WI–0002; FRL–8258– structure of the Clean Air Act which 1] provides for independent enforcement Federal Government and Indian tribes, authority by EPA and citizens. as specified by Executive Order 13175 Federal Implementation Plan Under the (65 FR 67249, November 9, 2000). This We will accept comments from the Clean Air Act for Certain Trust Lands proposed action also does not have of the Forest County Potawatomi public on this proposal for the next 30 Federalism implications because it does days. Unless we receive convincing new Community Reservation if Designated not have substantial direct effects on the as a PSD Class I Area; State of information during the comment period, States, on the relationship between the Wisconsin we intend to publish a final rule that national government and the States, or will rescind NAC 445.667, and that will on the distribution of power and AGENCY: Environmental Protection delete NAQR article 2.5.4, from the responsibilities among the various Agency (EPA). applicable Nevada SIP, and to codify the levels of government, as specified in ACTION: Proposed rule. latter action by amending 40 CFR Executive Order 13132 (64 FR 43255, 52.1470(b), 52.1470(c)(11), and 52.1483 August 10, 1999). This action merely SUMMARY: On June 29, 1995, and July 10, accordingly. proposes to delete previously approved 1997, EPA proposed to approve a state rules that, viewed collectively, fail request by the Forest County 5 We note that our proposed action herein of to implement a Federal standard, and Potawatomi Community (FCP disapproving a previously approved excess does not alter the relationship or the Community) to redesignate certain trust emissions rule is consistent with actions we have distribution of power and lands within its reservation as Class I taken on similar excess emissions provisions in other portions of the Nevada SIP and in other SIPs. responsibilities established in the Clean with respect to the Clean Air Act (CAA) For example, in 1981, we disapproved section 12, Air Act. This proposed rule also is not Prevention of Significant Deterioration an excess emissions rule adopted by Clark County subject to Executive Order 13045 (PSD) construction permit program. In (that we had previously approved as part of the ‘‘Protection of Children from these proposals, EPA did not explicitly Clark County portion of the Nevada SIP) on similar grounds as described herein. See 46 FR 43141 Environmental Health Risks and Safety state the mechanism it would use if it (August 27, 1981) and 69 FR 54006 (September 7, Risks’’ (62 FR 19885, April 23, 1997), granted the redesignation request nor 2004). In 1978, we disapproved similar excess because it is not economically did the Agency include a draft of its emissions rules adopted by 22 different air significant. codification. In this action, EPA is pollution control districts in the State of California and, in some instances, reversed previous approvals In reviewing SIP submissions, EPA’s proposing that it will promulgate a of prior versions of those rules. See 43 FR 33915 role is to approve state choices, Federal Implementation Plan (FIP) if it (August 2, 1978). provided that they meet the criteria of approves FCP Community’s request and

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this action proposes potential made available on the Internet. If you that you claim to be CBI. For CBI codification language. This FIP will be submit an electronic comment, EPA information in a disk or CD–ROM that implemented by EPA unless or until it recommends that you include your you mail to EPA, mark the outside of the is replaced by a Tribal Implementation name and other contact information in disk or CD–ROM as CBI and then Plan (TIP). the body of your comment and with any identify electronically within the disk or DATES: Comments. Comments must be disk or CD–ROM you submit. If EPA CD–ROM the specific information that received on or before January 17, 2007. cannot read your comment due to is claimed as CBI. In addition to one Public Hearing. The EPA intends to technical difficulties and cannot contact complete version of the comment that hold two public hearings on this you for clarification, EPA may not be includes information claimed as CBI, a proposed action, one on the Forest able to consider your comment. copy of the comment that does not County Potawatomi Reservation and one Electronic files should avoid the use of contain the information claimed as CBI in the nearby community. The dates, special characters, any form of must be submitted for inclusion in the times, and location of these public encryption, and be free of any defects or public docket. Information so marked hearings will be announced shortly in a viruses. For additional instructions on will not be disclosed except in separate Federal Register notice. submitting comments, go to section I.B accordance with procedures set forth in of the SUPPLEMENTARY INFORMATION ADDRESSES: Submit your comments, 40 CFR part 2. Also, send an additional section of this document. copy clearly marked as above not only identified by Docket ID No. EPA–R05– Docket: All documents in the docket OAR–2004–WI–0002 by one of the to the Air docket but to: Roberto are listed in the www.regulations.gov Morales, c/o OAQPS Document Control following methods: index. Although listed in the index, • www.regulations.gov: Follow the Officer, (C339–03), U.S. Environmental some information is not publicly Protection Agency, Research Triangle on-line instructions for submitting available, i.e., CBI or other information comments. Park, NC 27711, Attention Docket ID • whose disclosure is restricted by statute. No. EPA–R05–OAR–2004–WI–0002. E-mail: a-and-r- Certain other material, such as [email protected]. 2. Tips for Preparing Your Comments. • copyrighted material, will be publicly When submitting comments, remember Fax: 202–566–1741. available only in hard copy. Publicly • Mail: Attention Docket ID No. EPA– to: available docket materials are available • Identify the rulemaking by docket R05–OAR–2004–WI–0002, U.S. either electronically in Environmental Protection Agency, EPA number and other identifying www.regulations.gov or in hard copy at information (subject heading, Federal West (Air Docket), 1200 Pennsylvania the U.S. Environmental Protection Avenue, NW., Mail Code 6102T, Register date and page number). Agency, Air Docket, EPA/DC, EPA West, • Follow directions—The agency may Washington, DC 20460. Please include a Room 3334, 1301 Constitution Avenue, ask you to respond to specific questions total of 2 copies. Northwest, Washington, DC. The Public • Hand Delivery: U.S. Environmental or organize comments by referencing a Reading Room is open from 8:30 a.m. to Protection Agency, EPA West (Air Code of Federal Regulations (CFR) part 4:30 p.m., Monday through Friday, Docket), 1301 Constitution Avenue, or section number. excluding legal holidays. The telephone • Explain why you agree or disagree; Northwest, Room 3334, Washington, DC number for the Public Reading Room is suggest alternatives and substitute 20004, Attention Docket ID No. EPA– (202) 566–1744, and the telephone language for your requested changes. R05–OAR–2004–WI–0002. Such number for the Air Docket is (202) 566– • Describe any assumptions and deliveries are only accepted during the 1742. provide any technical information and/ Docket’s normal hours of operation, and FOR FURTHER INFORMATION CONTACT: For or data that you used. special arrangements should be made • If you estimate potential costs or for deliveries of boxed information. technical information, contact Constantine Blathras, Air and Radiation burdens, explain how you arrived at Instructions: Direct your comments to your estimate in sufficient detail to Docket ID No. EPA–R05–OAR–2004– Division, U.S. EPA, Region 5 (AR–18J), 77 West Jackson Boulevard, Chicago, allow for it to be reproduced. WI–0002. EPA’s policy is that all • Provide specific examples to comments received will be included in Illinois 60604–3507, telephone number: (312) 886–6071, facsimile number: (312) illustrate your concerns, and suggest the public docket without change and alternatives. may be made available online at 886–5824, electronic mail address: • [email protected]. Explain your views as clearly as www.regulations.gov, including any possible, avoiding the use of profanity personal information provided, unless SUPPLEMENTARY INFORMATION: or personal threats. • the comment includes information I. General Information Make sure to submit your claimed to be Confidential Business comments by the comment period Information (CBI) or other information A. Does This Action Apply to Me? deadline identified. whose disclosure is restricted by statute. This action if finally promulgated will C. Where Can I Get a Copy of This Do not submit information that you apply to applicants to the Prevention of Document and Other Related consider to be CBI or otherwise Significant Deterioration (PSD) Information? protected through regulations.gov or e- construction permit program on Class I mail. The www.regulations.gov Web site trust lands of the Forest County In addition to being available is an anonymous access system, which Potawatomi Community (FCP electronically in www.regulations.gov, means EPA will not know your identity Community). electronic copies of the docket are also or contact information unless you available at the following repositories: provide it in the body of your comment. B. What Should I Consider as I Prepare Crandon Public Library, Attention: Tina If you send an e-mail comment directly My Comments for EPA? Inger, Director, 110 West Polk Street, to EPA without going through 1. Submitting CBI. Do not submit Crandon, Wisconsin 54520; Rhinelander www.regulations.gov, your e-mail information that you consider to be CBI District Library, Attention: Kris Adams address will be automatically captured electronically through Wendt, Director, 106 North Stevens and included as part of the comment www.regulations.gov or e-mail. Clearly Street Rhinelander, Wisconsin 54501; that is placed in the public docket and mark the part or all of the information and the Forest County Potawatomi

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Natural Resource Department, H. Executive Order 13211: Actions That located within a ten (10) mile radius of Attention: Daniele Dusold, Wensaut Significantly Affect Energy Supply, any redesignated Tribal land to Lane, Crandon, Wisconsin 54520. Distribution, or Use performing an increment analysis and to I. Executive Order 12898: Federal Actions meeting consumption requirements D. How Can I Find Information About a to Address Environmental Justice in applicable to a class I area. Major Possible Public Hearing? Minority Populations and Low-Income Populations sources located outside of ten (10) miles The EPA intends to hold two public J. National Technology Transfer are subject to increment analysis and hearings on this action, one on the Advancement Act consumption requirements applicable to Forest County Potawatomi Reservation VII. Statutory Authority any redesignated Tribal land as if it and one off-reservation. The dates, were a class II area. Also under the times, and location of these public II. Purpose agreement, all major sources within hearings will be announced shortly in a In this action, EPA is proposing to sixty-two (62) miles are subject to an separate Federal Register notice. codify the Class I resignations in a analysis of their impact on air quality Persons interested in attending the Federal Implementation Plan (FIP) if the related values (AQRVs) of the public hearing should contact Mr. J. Agency approves the FCP Communty’s redesignated Tribal lands to determine Elmer Bortzer, Air and Radiation redesignation request; this notice also if they will have an adverse impact on Division, U.S. EPA, Region 5 (AR–18J), proposes potential codification these AQRVs. 77 West Jackson Boulevard, Chicago, language. The EPA solicits comments on The Agency believes that the Tribe Illinois 60604–3507, telephone number: today’s proposal as to whether a FIP is and Wisconsin may enter into such an (312) 886–1430, facsimile number: (312) the appropriate mechanism with which agreement. When the dispute resolution 886–5824, e-mail address: to codify the FCP Community’s process in section 164(e) is invoked by [email protected] to verify the time, redesignation of their lands to Class I, if an affected state or tribe, EPA is called date, and location of the hearing. The approved, the proposed codification, upon to participate in that process and public hearing will provide interested and any related procedural issues. to recommend a resolution, if requested parties the opportunity to present data, Although EPA strongly encourages by the parties, or to finally resolve the views, or arguments concerning these commenters to focus on these issues, dispute, if the parties are unable to proposed changes. comments on other aspects of the reach agreement. However, where the parties successfully reach agreement E. Overview of the Rule redesignation request will also be accepted. Interested parties should through the dispute resolution process, The information presented in this submit comments as detailed in the EPA is inclined to read section 164(e) of preamble is organized as follows: ADDRESSES section of this proposed rule. the CAA to provide that EPA has no I. General Information further role to play in the dispute A. Does This Action Apply to Me? III. Background resolution process. The EPA is not B. What Should I Consider as I Prepare My A. The FCP Community Request for required to review or approve the terms Comments for EPA? Redesignation to Class I of the agreement, and the Agency is C. Where Can I Get a Copy of This inclined to respect agreements that Document and Other Related On February 14, 1995, the FCP obviate the need for the Administrator Information? Community submitted a formal request to make a decision resolving the matter. D. How Can I Find Information About a to EPA to redesignate certain trust lands Possible Hearing? If the parties to the dispute reach an within their reservation to Class I under agreement through the 164(e) process E. Overview of Rule the CAA PSD construction permit II. Purpose without EPA resolution, EPA proposes III. Background program. On June 29, 1995 (60 FR not to interfere with the agreement and A. The FCP Community Request for 33779), and July 10, 1997 (62 FR 37007), to rest its final decision to approve or Redesignation to Class I. Brief Summary EPA proposed to approve the request. In deny the redesignation on the criteria in of Past Comments addition, in 1997 EPA also held public 164(b)(2) of the CAA. B. The CAA’s PSD Program in Indian hearings on the redesignation request. In commenting on the proposed Country Both Wisconsin and Michigan codification, commenters may wish to IV. Tribal Implementation Plans and Federal objected to the proposed redesignation Implementation Plans comment on the potential need to codify V. The Federal Implementation Plan for the and requested dispute resolution under certain provisions of the agreement or FCP Community’s Class I Area Section 164(e) of the CAA. To resolve aspects of the dispute resolution as well. A. Current Codification of the PSD Program the dispute with the State of Wisconsin, The FCP Community-Wisconsin MOA, in Wisconsin and the FCP Community the FCP Community and Wisconsin together with related materials, is Lands entered into a Memorandum of available in the docket for this proposal. B. Proposed Codification for an FCP Agreement (FCP Community-Wisconsin The FCP Community and the State of Community Class I Redesignation MOA) for implementation of the Michigan have not been able to resolve VI. Statutory and Executive Order Reviews proposed Class I area in Wisconsin. For A. Executive Order 12866: Regulatory their differences. The EPA anticipates Planning and Review those provisions of the agreement, and acting on the FCP Community request B. Paperwork Reduction Act any other aspects of the dispute and remaining aspects of the dispute C. Regulatory Flexibility Act (RFA), as resolution that will need to be made resolution process with the States after Amended by the Small Business federally enforceable, EPA will codify the close of the public comment period Regulatory Enforcement Fairness Act of them as appropriate should it determine on today’s proposal. 1966 (SBREFA), 5 U.S.C. 601 et seq. to grant the redesignation request. For D. Unfunded Mandates Reform Act example, the agreement’s limitation of Brief Summary of Past Comments E. Executive Order 13132: Federalism certain increment analyses to a ten mile During the initial comment period F. Executive Order 13175: Consultation and public hearings, EPA received and Coordination With Indian Tribal radius may need to be codified in Governments federally enforceable regulations. several comments on the proposed G. Executive Order 13045: Protection of Specifically, the agreement between redesignation. The Agency will respond Children From Environmental Health & the FCP Community and Wisconsin to all significant comments in the final Safety Risks subjects all major sources in Wisconsin rule resolving the redesignation request,

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but includes a brief discussion and the two issues presented above and redesignation back to the EPA regional response to two of those comments. EPA’s response to them. office so that EPA could follow the First, several commenters argued that appropriate procedures for B. The CAA’s PSD Program in Indian the request for redesignation should be promulgating the Class I area as a TIP. denied either because the FCP Country On February 12, 1998, however, EPA Community identified certain air quality The CAA gives EPA broad authority promulgated a final rule under section related values (‘‘AQRVs’’) after to protect air resources throughout the 301 of the CAA entitled ‘‘Indian Tribes: submitting their initial request or that nation, including the resources on Air Quality Planning and Management.’’ the lands proposed for redesignation Indian reservations and other areas of 63 FR 7254 (Feb. 12, 1998). This rule, were not of sufficient size or quality to Indian country. Part C of the CAA lays generally referred to as the ‘‘Tribal possess AQRVs. However, neither out the PSD construction permit Authority Rule’’ or ‘‘TAR,’’ discusses Section 164(b) of the CAA nor EPA’s program. It is based on the concept that those provisions of the CAA for which implementing regulations governing new sources and modifications of it is appropriate to treat Indian tribes in redesignation require a State or Tribe existing sources in relatively pollution the same manner as states and requesting a redesignation to free lands, i.e., lands attaining the establishes the requirements that Indian demonstrate or establish that the National Ambient Air Quality Standards tribes must meet if they choose to seek affected lands have AQRVs, and (NAAQS), should not be allowed to such treatment. The EPA also concluded Congress did not make AQRVs a increase emissions such that ambient that certain provisions of the CAA prerequisite for redesignation of non- pollutant levels rise to the level of the should not be applied to tribes in federal Class I areas. It is therefore NAAQS. Instead, these sources’ exactly the same manner in which they unnecessary for EPA to determine what emissions are limited such that ambient were applied to states. One of those AQRVs the lands at issue might possess levels cannot exceed the pollutant provisions was CAA 110(c)(1), which in order for the Agency to act on, specific increments in the CAA or EPA provides the Administrator with the including granting, the redesignation regulations. The CAA provides three authority to promulgate a FIP within 2 request. See 61 FR 56450, 56458–56459 levels of increments for each pollutant, years of finding that a State plan is (Nov. 1, 1996) (redesignation of Class I which is the most stringent, insufficient. 63 FR at 7265. EPA Yavapai-Apache lands). Class II, which is what most of the reasoned that tribes, unlike states, ‘‘in A second area of significant comment United States was initially designated general are in the early stages of alleged that the areas proposed for by the CAA, and Class III, which is the developing air planning and redesignation were either too small or least stringent. Section 164 affords states implementation expertise’’ because the too dispersed to allow for effective air and tribes the right to request that EPA specific authority for tribes to establish quality management as discussed in redesignate lands under their control. air programs was first expressly sections 162 and 164 of the CAA. Historically only tribes have made such addressed in 1990. Id. at 7264–7265. Section 162 of the Act designates certain requests, and in all these cases, the Because tribes were only recent areas as mandatory Class I areas. The tribes requested redesignation from participants in the process, EPA Act also provides for non-federal Class Class II to Class I. The FCP Community, determined it would be inappropriate to I areas, and Section 164(c) specifically likewise, requested that EPA redesignate hold them to the same deadlines and states that ‘‘Lands within the exterior certain of their lands from Class II to Federal oversight as the states. Id. at boundaries of reservations of federally Class I. Under the CAA, generally EPA 7265. recognized Indian tribes may be must approve this request if all The EPA noted, though, that it was redesignated,’’ but does not speak to procedural requirements are met. ‘‘not relieved of its general obligation what size lands might be appropriate for One of the tribes that requested under the CAA to ensure the protection a redesignation to Class I. In disputes redesignation from Class II to Class I of air quality throughout the nation, resolving area redesignation, section before FCP Community was the Yavapai including throughout Indian country.’’ 164(e) requires EPA to consider (the Apache Tribe, and on October 2, 1996 Id. The EPA concluded that the Agency extent to which the lands involved are EPA approved the request. The State of could ‘‘act to protect the air quality of sufficient size to allow effective air Arizona, within which the Yavapai pursuant to its ‘gap-filling’ authority quality management.’’ In its decision to Apache lands were located, had raised under the CAA as a whole’’ and that grant the Class I redesignation request objections to the redesignation and ‘‘section 301(d)(4) provides EPA with for the Yavapai-Apache reservation, requested to enter into Section 164(e) discretionary authority, in cases where (which is similar to the FCP reservation dispute negotiations with the Yavapai it has determined that treatment of in that it consists of a number of Apache. The EPA held a meeting with tribes as identical to states is relatively small, discrete parcels of the parties, but ultimately no agreement ‘inappropriate or administratively land), EPA examined whether it would was reached. The EPA was forced to infeasible,’ to provide for direct be difficult to perform a PSD air quality resolve the dispute, and did so by administration through other regulatory modeling analysis that assessed the granting the redesignation request and means.’’ Id. Under that authority, EPA impacts of a proposed source in such a codifying the redesignation in a FIP. 61 adopted 40 CFR 49.11, which set the situation. The EPA concluded that FR 56461 (November 1, 1996) and 61 FR standard for adoption of FIP provisions based on existing modeling tools it 56450 (November 1, 1996). The State of for Indian Country: ‘‘[The would be relatively simple and Arizona continued to dispute the Administrator] [s]hall promulgate practicable for a proposed source to approval of the reservation to Class I without unreasonable delay such project its impact on the Class I area and filed a suit before the United States Federal implementation plan provisions parcels and evaluate the analysis. See 61 Court of Appeals for the Ninth Circuit. as are necessary or appropriate to Fed. Reg. at 56457–56458. See, Administrator, State of Arizona v. protect air quality, consistent with the Consideration of the size of the EPA, 151 F.3d 1205 (9th Cir. 1998). The provisions of section 304(a) (sic 301(a)) redesignated lands, therefore, can be Ninth Circuit’s decision stated, among and 301(d)(4), if a tribe does not submit evaluated based upon the Agency’s other things, that EPA should have a tribal implementation plan meeting experience in the Yavapai-Apache codified the Class I area in a TIP rather the completeness criteria of 40 CFR part redesignation. We solicit comment on than a FIP, and remanded the 51, Appendix V, or does not receive

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EPA approval of a submitted tribal which are codified at 40 CFR 52.21, and memorandum dated October 25, 2004’’. implementation plan.’’ 40 CFR 49.11(a). which applied to those states that had A copy of the analysis is available in the The intent of this provision was to not submitted a PSD program meeting docket for this action and is briefly recognize that tribes may not initially the requirements of 40 CFR 51.166. 45 summarized here. have the capability to implement their FR 52741 (August 7, 1980), as amended As part of its application package for own delegated CAA programs and that at 46 FR 9585 (January 29, 1981). Class I redesignation, the FCP the TAR does not relieve EPA of its Wisconsin was one such state, and as a Community has analyzed the potential general obligation under the CAA to result, Wisconsin initially implemented economic impact of redesignation on protect air quality throughout the the Federal PSD program under a the affected region (Forest County and nation, including in Indian country. See delegation of authority from EPA. those counties bordering Forest County). 63 FR 7265. Wisconsin subsequently submitted a This analysis directly supports a finding Therefore, the TAR established two PSD rule and program which EPA that the impact of the proposed possible routes for the codification of a approved for all sources in Wisconsin redesignation would not result in an Class I redesignation on Tribal lands: (1) except for sources located on tribal A TIP, if one has been developed by the lands and other sources that require adverse annual impact to the economy Tribe and approved by EPA; and (2) A permits issued by the EPA. See 64 FR of $100 million or more. FIP, if a TIP did not exist and a FIP was 28748 (May 27, 1999). The current EPA As discussed in greater detail in the necessary to protect air quality. regulation addressing the PSD program memorandum, the FCP Community in Wisconsin reads as follows: analysis identifies those economic IV. Tribal Implementation Plans and sectors with the largest employment in Federal Implementation Plans 40 CFR 52.2581. Significant deterioration of air quality. the area. These are industry, Consistent with the approach detailed (a)–(c) [Reserved] manufacturing and trade, which in the TAR, U.S. EPA Region 5 sent a (d) The requirements of sections 160 together account for 46% of the jobs in letter to the FCP Community requesting through 165 of the Act are met, except for the affected area. To evaluate the effect that the Tribe specify what mechanism sources seeking permits to locate in Indian of Class I redesignation on economic they wished to use to codify the country within the State of Wisconsin; and expansion and future industrial plant proposed redesignation to Class I. On sources with permits issued by EPA prior to development in the affected area, the August 4, 1999, Harold Frank, the effective date of the state’s rules. FCP Community prepared an Chairman, Forest County Potawatomi (e) Regulations for the prevention of the independent air dispersion modeling significant deterioration of air quality. The Community, sent a letter to Francis X. analysis to determine the air quality Lyons, Regional Administrator of EPA provisions of § 52.21(b) through (w) are hereby incorporated and made a part of the impacts on the Class I area from various Region 5, requesting that EPA applicable State plan for the State of new projects. These included a 250-ton- promulgate the redesignation of the Wisconsin for sources wishing to locate in per-day paper mill, three different types proposed Class I area parcels in a FIP. Indian country; and sources constructed of power plants, and a mining project. The FCP asked EPA to promulgate the under permits issued by EPA. Class I area redesignation into a FIP, as The modeling and screening results opposed to utilizing a TIP, because the B. Proposed Codification for an FCP analyzed indicate that the proposed FCP Community was continuing to Community Class I Redesignation Class I redesignation should not have build its capacity and infrastructure to Under the authority of section 307(d) major effects on economic expansion run a Tribal Air Program and was not of the Act, EPA is proposing to revise and industrial development in the yet ready to submit its own TIP. On its regulation as reflected below if EPA region. The redesignation could restrict August 23, 1999, EPA sent a letter to the approves the FCP Community request to the sitting of large paper mills and large FCP Community agreeing to their designate some of its reservation as coal-fired powered plants to at least 10 request for the Class I redesignation Class I. In today’s action, EPA is km from the reservation, and would being promulgated in a FIP, should proposing that it will promulgate the limit the development of multiple EPA’s rulemaking result in the approval resignation in a FIP if EPA approves the projects that would have an of the FCP Community’s request. FCP Community’s request for unacceptable cumulative effect on the Until such time as the FCP redesignation of certain lands within the Class I increments, but none of these Community develops a TIP and has it exterior boundaries of the Tribe’s known proposed developments in the approved, EPA retains the authority to reservation. This FIP will be region would be adversely affected. promulgate the redesignation approval implemented by EPA unless or until it B. Paperwork Reduction Act in a FIP. Because the FCP Community’s is replaced by a Tribal Implementation request and EPA’s original proposal pre- Plan (TIP). The proposed codification This action does not impose an dated the TAR, neither clearly specified language follows Section VII below. information collection burden under the the manner in which the redesignation VI. Statutory and Executive Order provisions of the Paperwork Reduction would be codified. The EPA has, Reviews Act, 44 U.S.C. 3501 et seq. We are not therefore, published this supplemental promulgating any new paperwork proposal to seek comment on the A. Executive Order 12866: Regulatory requirements (e.g., monitoring, codification of the FCP Community Planning and Review reporting, recordkeeping) as part of this redesignation, if approved, in a FIP. This action is not a ‘‘significant proposed action. The Office of V. The Federal Implementation Plan for regulatory action’’ under the terms of Management and Budget (OMB) has the FCP Community’s Class I Area Executive Order (EO) 12866 (58 FR previously approved the information 51735, October 4, 1993) and is therefore collection requirements contained in the A. Current Codification of the PSD not subject to review under the EO. existing regulations (40 CFR parts 51 Program in Wisconsin and the FCP The FCP Community prepared an and 52) under the provisions of the Community Lands analysis of the potential costs and Paperwork Reduction Act, 44 U.S.C. On August 7, 1980, EPA promulgated benefits associated with this action. 3501 et seq., and has assigned OMB the Federal PSD Program regulations This analysis is contained in ‘‘EPA control number 2060–0003, EPA ICR

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number 1230.17.1 A copy of the OMB control number. The OMB control facilities in and surrounding Class I approved Information Collection numbers for EPA’s regulations in 40 areas are similar to the requirements for Request (ICR) may be obtained from CFR are listed in 40 CFR part 9. major facilities in and surrounding Class Susan Auby, Collection Strategies II areas. Therefore, this action will not C. Regulatory Flexibility Act (RFA), as Division; U.S. Environmental Protection have a significant impact on a Amended by the Small Business Agency (2822T); 1200 Pennsylvania substantial number of small entities. Regulatory Enforcement Fairness Act of Avenue, NW, Washington, DC 20460 or While EPA is not required to conduct 1996 (SBREFA), 5 U.S.C. 601 et seq. by calling (202) 566–1672. an RFA analysis, as a matter of good This analysis included an The RFA generally requires an agency public policy, the Agency has reviewed examination of the additional regulatory to prepare a regulatory flexibility information on the impact of the burden, per regulated unit, on those analysis of any rule subject to notice redesignation provided by the FCP sources constructing or modifying near and comment rulemaking requirements Community in its Technical Support a Class I area, and which may be under the Administrative Procedure Act Document (TSD) submitted pursuant to required to perform a Federal Class I or any other statute unless the agency the tribe’s request for Class I area analysis to determine the effect of certifies that the rule will not have a redesignation. In this document, the the proposed source on AQRV inside significant economic impact on a Tribe reviewed the potential impact of the Class I area, and on the consumption substantial number of small entities. the Class I redesignation on various of increment, where the baseline has Small entities include small businesses, types of sources, concluding that been triggered. It is important to note small organizations, and small impacts of the redesignation to Class I that not all sources located near Class I governmental jurisdictions. would impact only certain major areas would have to perform such For purposes of assessing the impacts stationary sources, and would impose monitoring; these requirements apply of this proposed action on small no additional requirements on minor only when emissions from the source entities, small entity is defined as: (1) A sources.2 have the potential to impact the Class I small business as defined by the Small For example, air dispersion modeling area. Business Administration’s (SBA) and EPA-approved screening performed The EPA’s analysis for OMB included regulations at 13 CFR 121.201; (2) a for the Tribe’s TSD demonstrates that a the additional burden placed upon the small governmental jurisdiction that is a 140 MW natural gas fired combustion regulated community as well as on State government of a city, county, town, turbine power plant could be and Federal agencies. The redesignation school district, or special district with a constructed and operated directly of FCP Community lands from Class II population of less than 50,000; or (3) a adjacent to the reservation without to Class I is wholly consistent with the small organization that is any not-for- violating any of the Class I increments. analysis put forth in EPA’s ICR and profit enterprise that is independently Power plants of this type produce OMB’s approval and no new paperwork owned and operated and is not relatively high levels of nitrogen oxides requirements are being promulgated dominant in its field. This action does (NOX), which are their major emissions, with this action. not require a regulatory flexibility yet despite its direct proximity to a Burden means the total time, effort, or analysis because it will not have a Class I area, such a facility would financial resources expended by persons significant economic impact on a impact only a small fraction (∼4%) of to generate, maintain, retain, or disclose substantial number of small entities. the allowable Class I increment for NOX. or provide information to or for a The EPA believes that the Considering that the FCP Community Federal agency. This includes the time reclassification of the proposed area to analysis shows that a major gas-fired needed to review instructions; develop, Class I will impose virtually no power generating facility could be acquire, install, and utilize technology additional requirements on small operated immediately next to the and systems for the purposes of entities, regardless of whether they are reservation without significant impacts, collecting, validating, and verifying minor sources or major sources. For and that only very large industrial information, processing and small entities that are also minor projects located within approximately maintaining information, and disclosing sources, since at the present time the 10 km of the reservation would be and providing information; adjust the baseline concentrations for this area affected by the redesignation, it appears existing ways to comply with any have not been triggered and none of the very unlikely that any small businesses previously applicable instructions and Class I increments have yet been located within 100 kilometers would requirements; train personnel to be able consumed, minor emission sources are produce emissions in large enough to respond to a collection of unaffected by PSD requirements. Should quantities to trigger the Class I information; search data sources; the Class I increments be completely restrictions. complete and review the collection of consumed in the future, it is possible Nevertheless, it is possible that a information; and transmit or otherwise that some pollution control small business located close enough to disclose the information. requirements would fall to minor the reservation may be a major source of An agency may not conduct or sources. However, any such future criteria air pollutants. Even in that sponsor, and a person is not required to pollution control requirements imposed respond to, a collection of information on off-reservation sources would be 2 The EPA has prepared an ICR analysis for the unless it displays a currently valid OMB under the jurisdiction of the states, not NSR program generally, finding that ‘‘Approximately 2,200 ’small business’’ major EPA. Therefore, EPA is not in a present sources were estimated to exist; however, only 50 1 The regulations covered under this ICR govern or future position to directly regulate small business facilities employing 500 persons or the State and Federal programs for preconstruction small entities and therefore is not fewer were projected to be subject to NSR annually. review and permitting of major new and modified Based on the methodology incorporated in that sources pursuant to Part C ‘‘Prevention of required to conduct an RFA analysis. rulemaking Regulatory Impact Analysis, the Agency Significant Deterioration’’ (PSD) and Part D For small entities that are major concluded that the current part 51 and 52 NSR ‘‘Program Requirements for Nonattainment Areas’’ sources, the impact is not expected to be regulations do not constitute a disproportionate of the CAA. The types of information collection substantial. As demonstrated in section burden on small entities.’’ U.S. EPA, ‘‘Information activities addressed in this ICR are those necessary VI.A. above, the requirements for Collection Request for 40 CFR Part 51 and 52 for the preparation and submittal of construction Prevention of Significant Deterioration and permit applications and the issuance of final demonstrating compliance with the Nonattainment New Source Review, October 12, permits. NAAQS and PSD increments for major 2004, at 13.’’

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event, the PSD requirements for Class I be appropriately assessed at that time. After considering the economic areas would be very unlikely to impose Additionally, it would be very unusual impacts of today’s proposed rule on a significant financial burden on such a for a small business to also be a major small entities, I certify that this action small business. If it is an existing source and a substantial number of will not have a significant economic business at the time the redesignation small entities should certainly not be so impact on a substantial number of small goes into effect, it would not be subject affected. entities. This proposed rule will not to the PSD permitting requirements, Several other Indian tribes have impose any requirements on small which apply only to new stationary redesignated tribal lands to Class I in entities that are not major sources sources or major modifications to other parts of the country, and their because this action affects only major existing sources. experience can provide us with some stationary sources, as defined by 40 CFR Even if the small business in question insight into the impact redesignation 52.21. was new to the Class I area, hence typically has on small entities in the We continue to be interested in the subject to PSD permitting, the vicinity. These include the Northern potential impacts of the proposed rule redesignation would still not impose Cheyenne Tribe, Montana; Flathead on small entities and welcome additional significant financial or Indian Reservation, Montana; Fort Peck comments on issues related to such regulatory burdens on the small entity. Indian Reservation, Montana and the impacts. As a major source of criteria air Spokane Indian Reservation, D. Unfunded Mandates Reform Act pollutants, the small business would be Washington, which were redesignated subject to PSD permitting regulations as Class I areas between 1977 and 1990. Title II of the Unfunded Mandates whether the reservation had been Thus far, there has been very little Reform Act of 1995 (UMRA), P.L. 104– redesignated to Class I or had remained economic impact on small businesses, 4, establishes requirements for Federal a Class II area, as it is now. Major nearby towns, local governments or agencies to assess the effects of their stationary sources proposing to locate in other small entities following Class I regulatory actions on State, local, and any PSD area, regardless of whether it redesignation in those areas. The EPA tribal governments and the private is Class II or Class I, must still conduct has no reason to believe that same sector. Under section 202 of the UMRA, the same type of analyses to measure the pattern of minimal economic impact to EPA generally must prepare a written impact of their emissions on the small businesses will not be repeated in statement, including a cost-benefit allowable increments and use the best Forest County and the surrounding analysis, for proposed and final rules available control technology to reduce counties. with ‘‘Federal mandates’’ that may their emissions and minimize adverse Small entities that are minor sources result in expenditures to State, local, effects. of air pollution will not be affected at all and tribal governments, in the aggregate, Should the area remain Class II, the by this action at this time. The PSD or to the private sector, of $100 million major source would still be required to permit program does not cover minor or more in any one year. Before perform a modeling analysis to ensure sources and, as previously discussed, promulgating an EPA rule for which a that the Class II increments are EPA does not directly regulate minor written statement is needed, section 205 protected in order to obtain a permit. entities. The reclassification of the of the UMRA generally requires EPA to Since a modeling analysis is required in proposed area to Class I therefore identify and consider a reasonable any case, the cost of adding additional imposes virtually no additional number of regulatory alternatives, and receptor points, if needed, to the requirements on small entities since the adopt the least costly, most cost- modeling analysis to gather the baseline concentration level for Forest effective or least burdensome alternative necessary data to ensure that the Class County has not yet been triggered and that achieves the objectives of the rule. I increments will also be protected none of the PSD increments in the area The provisions of section 205 do not should be relatively small. Likewise, have yet been consumed. The baseline apply when they are inconsistent with since every major stationary source concentration is the conceptual applicable law. Moreover, section 205 proposing to locate in a PSD area, reference point or ’’starting’’ point for allows EPA to adopt an alternative other whether it has been designated as Class determining air quality deterioration in than the least costly, most cost-effective I or Class II, must employ ‘‘best an area subject to the PSD program. or least burdensome alternative if the available control technology’’ to reduce Thus, the baseline concentration is Administrator publishes with the final emissions, proximity to a Class I area essentially the ambient air quality rule an explanation why that alternative generally would not affect the level of existing at the time the first complete was not adopted. Before EPA establishes control required to meet BACT. In short, PSD application is made for a major any regulatory requirements that may regardless of whether they are in a Class new source affecting a PSD baseline significantly or uniquely affect small II or a Class I area, major sources are area. Since no PSD permit application governments, including tribal required to obtain an air quality permit, triggering a baseline date has been governments, it must have developed conduct modeling analyses, and use the submitted in the Forest County area, under section 203 of the UMRA a small best available technology to control there has not been any consumption of government agency plan. The plan must emissions under the PSD program. the PSD increments in the area. Should provide for notifying potentially Thus, as a general rule, redesignation major and minor sources of pollution affected small governments, enabling should not inflict additional control consume all of the available increment officials of affected small governments costs on a source. in an area at some point in the future, to have meaningful and timely input in Under certain circumstances a major it is possible that some pollution control the development of EPA regulatory source may be required to achieve requirements would then fall to minor proposals with significant Federal further decreases in emissions to reduce sources, but since roughly 75% of the intergovernmental mandates, and its impact on the air quality related land in Forest County is National Forest, informing, educating, and advising values of a Class I area. Such a and there is presently very little small governments on compliance with requirement would necessitate further industrial development in the area, the regulatory requirements. regulatory action by either the FCP there is likely to be little consumption The EPA has determined that this rule Community or EPA, however, and the of the Class I increments for some time does not contain a Federal mandate that impacts of the specific requirements can to come. may result in expenditures of $100

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million or more for State, local, and regulation. We also may not issue a correspondence, conference calls, and tribal governments, in the aggregate, or regulation that has federalism face to face meetings when appropriate. the private sector in any one year. The implications and that preempts State Records of these communications are redesignation would not impose law, unless we consult with State and found in the docket for this proposed significant additional financial or local officials early in the process of action. Most recently, EPA officials held regulatory burdens on a new or developing the proposed regulation. consultations with the FCP Community modified source subject to the PSD This proposed rule does not have between May and July 2006 to discuss permitting requirements. As a major federalism implications. It will not have this proposed action and to answer the source of criteria air pollutants, a new substantial direct effects on the States, Community’s questions. or modified source would be subject to on the relationship between the national Finally, because the proposed action PSD regulations whether the reservation government and the States, or on the will neither impose substantial direct had been redesignated to Class I or had distribution of power and compliance costs on tribal governments remained a Class II area, as it is now. responsibilities among the various nor preempt Tribal law, section 5 of New major stationary sources proposing levels of government, as specified in Executive Order 13175 is not applicable. to locate in any PSD area, regardless of Executive Order 13132. The rule merely Class I redesignation will enable the whether it is Class II or Class I, must implements an authority currently FCP Community to further their goal of still conduct the same type of analyses available to Indian tribes to redesignate exercising control over reservation their reservation lands under the PSD to measure the impact of their emissions resources to better protect the members program of the CAA, and does not alter on the allowable increments and use the of their community. Overall, EPA the relationship or the distribution of best available control technology to expects that the impact of the power and responsibilities established reduce their emissions and minimize redesignation to Class I will be positive. adverse effects. No additional permits in the CAA. Thus, Executive Order would be required as a result of a 13132 does not apply to this rule. G. Executive Order 13045: Protection of redesignation of FCP Community Although section 6 of Executive Order Children From Environmental Health & reservation lands. Thus, today’s rule is 13132 does not apply to this rule, EPA Safety Risks not subject to the requirements of did consult with State and local officials sections 202 and 205 of the UMRA. in developing this rule. A summary of Executive Order 13045: ‘‘Protection of The EPA has determined that this rule the concerns raised during that Children from Environmental Health contains no regulatory requirements that consultation and EPA’s response to Risks and Safety Risks,’’ 62 FR 19885 might significantly or uniquely affect those concerns will be provided when (April 23, 1997), applies to any rule small governments. EPA has determined EPA issues its final rulemaking. that: (1) Is determined to be ‘‘economically significant’’ as defined that this rule contains no regulatory F. Executive Order 13175: Consultation requirements that might significantly or under Executive Order 12866; and (2) and Coordination With Indian Tribal concerns an environmental health or uniquely affect small governments Governments because, as already stated in other safety risk that EPA has reason to sections of this regulatory package, the Executive Order 13175, entitled believe may have a disproportionate redesignation from a Class II to a Class ‘‘Consultation and Coordination with effect on children. If the regulatory I area would not impose additional Indian Tribal Governments’’ 65 FR action meets both criteria, the Agency significant financial or regulatory 67249 (November 6, 2000), requires EPA must evaluate the environmental health burdens on sources. to develop an accountable process to or safety effects of the planned rule on ensure ‘‘meaningful and timely input by children, and explain why the planned E. Executive Order 13132: Federalism tribal officials in the development of regulation is preferable to other Executive Order 13132, entitled regulatory policies that have tribal potentially effective and reasonably ‘‘Federalism,’’ 64 FR 43255) (August 10, implications.’’ feasible alternatives considered by the 1999), requires EPA to develop an The EPA has concluded that this Agency. accountable process to ensure proposed rule establishing federal This proposed rule is not subject to ‘‘meaningful and timely input by State standards will have tribal implications. the Executive Order because EPA and local officials in the development of Thus, consistent with section 3 of the published a Notice of Proposed regulatory policies that have federalism Executive Order, in the process of Rulemaking before April 21, 1998. implications.’’ ‘‘Policies that have developing this proposal, EPA Nonetheless, as a matter of EPA Policy, federalism implications’’ is defined in consulted with FCP tribal officials to the Agency does not have reason to the Executive Order to include permit them to have meaningful and believe the environmental health or regulations that have ‘‘substantial direct timely input into its development. EPA safety risks addressed by this action effects on the States, on the relationship consulted with representatives of the present a disproportionate risk to between the national government and FCP Community prior to their children. the States, or on the distribution of submission of the redesignation request. Redesignation of the identified power and responsibilities among the During this consultation, EPA explained parcels of the FCP reservation to Class various levels of government.’’ the function of the CAA’s redesignation Under section 6 of Executive Order provision, differences between Class I I status will reduce the allowable 13132, we may not issue a regulation and Class II designations, and increase of various types of pollutants. that has federalism implications, that alternatives to the proposed Class I The reduction of these pollutants can imposes substantial direct compliance redesignation. The FCP Community only be expected to better protect the costs, and that is not required by statute, chose to submit a request for health of tribal members, members of unless the Federal government provides redesignation to Class I on February 14, the surrounding communities, and the funds necessary to pay the direct 1995. Since the FCP Community especially children and asthmatics. compliance costs incurred by State and submitted its request for redesignation, The adverse health effects of exposure local governments, or we consult with EPA has kept the FCP Community to high levels of criteria air pollutants State and local officials early in the informed of its process for completing such as sulfur dioxide and fine process of developing the proposed the rulemaking through written particulate matter are well known and

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well documented.3 Sulfur dioxide, for gradually collect in the lungs following in a FIP from Class II to Class I area example, is known to irritate the repeated, long-term exposure.7 should not raise any environmental respiratory system. As explained in the Fine particulate matter is the worst justice issues since it will reduce the FCP Community’s TSD, exposure to offender in that regard. Scientific allowable increase of various types of high concentrations for even short studies have shown that particulate pollutants. Consequently, this periods can cause bronchial constriction matter, especially fine particles (those redesignation should result in health and exposure to lower concentrations of particles with an aerodynamic diameter benefits to tribal members and members sulfur dioxide for longer periods and of less than 2.5 micrometers and of the surrounding communities. suppresses the respiratory system’s commonly known as PM2.5), are retained Therefore, we believe that these natural defenses to particles and deep within the lungs.8 Short term regulations would not have a bacteria.4 Children and asthmatics are exposure to such fine particulate matter disproportionate adverse effect on the especially vulnerable to the adverse can cause lung irritation and may health or safety of minority or low health effects of sulfur dioxide.5 If the impair immune responses. Some of the income populations. Class I redesignation is codified in a material from the particles can dissolve J. National Technology Transfer and FIP, the allowable increase of sulfur in the lungs, causing cell damage, and Advancement Act dioxide after redesignation of the the particles themselves may consist of reservation to Class I status (on an compounds that are toxic or which form Section 12(d) of the National annual arithmetic mean basis) will be acids when combined with moisture in Technology Transfer and Advancement one-tenth of the current Class II the lungs. Long-term lower level Act of 1995 (‘‘NTTAA’’), Public Law No. allowable increase, thus providing exposures can cause cancer and other 104–113, 12(d) (15 U.S.C. 272 note) greater health protection to children respiratory illnesses. Reducing the directs EPA to use voluntary consensus from such air pollutants. allowable increase in particulate matter standards in its regulatory activities Likewise, the allowable increase in by roughly 75% should thus provide unless to do so would be inconsistent particulate matter after Class I greater health protection from such with applicable law or otherwise redesignation (on an annual basis) will afflictions to children on the reservation impractical. Voluntary consensus be approximately one-fourth of the and in the surrounding communities. standards are technical standards (e.g., current Class II increase. Particulate In short, the environmental health or materials specifications, test methods, matter consists of airborne particles and safety risks addressed by this action do sampling procedures, and business aerosols ranging in size from less than not present a disproportionate risk to practices) that are developed or adopted 1 micrometer to more than 100 children. In fact, they are expected to by voluntary consensus standards micrometers. Aside from natural have a positive rather than a negative bodies. The NTTAA directs EPA to sources, industrial activity can release impact on children’s health and the provide Congress, through OMB, great quantities of particulates (dust, environment. explanations when the Agency decides soot, ash and other solid and liquid not to use available and applicable H. Executive Order 13211: Actions That voluntary consensus standards. particles). Combustion products emitted Significantly Effect Energy Supply, This proposed rulemaking does not during power generation, heating, motor Distribution, or Use vehicle use and various industrial involve technical standards. Therefore, processes are also classified as This rule is not subject to Executive EPA is not considering the use of any particulate matter. The vast majority Order 13211, ‘‘Actions Concerning voluntary consensus standards. ∼ Regulations That Significantly Affect ( 99%) of such inhalable particulate VII. Statutory Authority matter is trapped in the upper Energy Supply, Distribution, or Use’’ (66 respiratory tract, but the remainder FR 28355, May 22, 2001), because it is The statutory authority for this enters the windpipe and the lungs, not a significant regulatory action under proposed action is provided by sections clinging to the protective mucosa. The Executive Order 12866. 110, 301 and 164 of the CAA as amended (42 U.S.C. 7410, 7601, and smallest particles are deposited in the I. Executive Order 12898: Federal 7474) and 40 CFR Part 52. alveoli and capillaries of the lung, Actions To Address Environmental where they impair the exchange of Justice in Minority Populations and List of Subjects in 40 CFR Part 52 oxygen and causes shortness of breath. Low-Income Populations Children, the elderly, and people with Environmental protection, Air pulmonary problems and respiratory Executive Order 12898 requires that pollution control, Carbon monoxide, conditions (e.g., emphysema, bronchitis, each Federal agency make achieving Hydrocarbons, Intergovernmental asthma, or heart problems) are the most environmental justice part of its mission relations, Nitrogen dioxide, Ozone, susceptible to these debilitating effects.6 by identifying and addressing, as Particulate matter, Reporting and Adverse health effects from particulate appropriate, disproportionately high recordkeeping requirements, Sulfur matter are often cumulative and and adverse human health dioxides. progressive, worsening as particulates environmental effects of its programs, Dated: December 11, 2006. policies, and activities on minorities Stephen L. Johnson, and low-income populations. 3 What are the Six Common Air Pollutants? The EPA believes that the Administrator. (March 23, 2004) (available at http://www.epa.gov/ For the reasons cited in this action, air/urbanair/6poll.html) redesignation of FCP Community lands 4 title 40, chapter I of the Code of Federal SO2—How Sulfur Dioxide Affects the Way We Live & Breathe. U.S. EPA Office of Air Quality 7 PM—Chief Causes for Concern (30 September Regulations is proposed to be amended Planning & Standards (November 2000) (available at 2003) (available at http://www.epa.gov/air/ as follows: http://www.epa.gov/air/urbanair/so2/index.html) urbanair/pm/chf.html) 5 Health and Environmental Impacts of SO2 8 Information on Particulate Matter (FINE) PM. PART 52—[AMENDED] (September 30, 2003) (available at http:// Condensed from Health and Environmental Effects www.epa.gov/air/urbanair/so2/hlth1.html) of Particulate Matter; U.S. EPA Office of Air Quality 1. The authority citation for part 52 6 Health and Environmental Impacts of PM (30 Planning and Standards (July 1997). (available on continues to read as follows: September 2003) (available at http://www.epa.gov/ http://www.air.dnr.state.ga.us/information/ air/urbanair/pm/hlth1.html) pm25.html) Authority: 42 U.S.C. 7401 et seq.

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2. Section 52.2581 is amended by (29) NW1⁄4 of Section 26 of T35N commenters to update their comments revising paragraph (e) and by adding R15E. and for additional commenters to paragraph (f) to read as follows: (30) E1⁄2 of Section 28 of T35N R15E. contribute to the docket before EPA (31) E1⁄2 of NW1⁄4 of Section 28 of develops a final rule. § 52.2581 Significant deterioration of air T35N R15E. quality. DATES: Comments must be received on (32) SW1⁄4 of Section 32 of T35N or before January 17, 2007. * * * * * R15E. ADDRESSES: Submit your comments, (e) Regulations for the prevention of (33) E1⁄2 of NW1⁄4 of Section 32 of the significant deterioration of air identified by docket identification (ID) T35N R15E. number EPA–HQ–OPPT–2006–0795, by quality. The provisions of § 52.21(b) (34) W1⁄2 of NE1⁄4 of Section 32 of through (w) are hereby incorporated and one of the following methods: T35N R15E. • Federal eRulemaking Portal: http:// made a part of the applicable State plan (35) NW1⁄4 of Section 34 of T35N for the State of Wisconsin for sources www.regulations.gov. Follow the on-line R15E. instructions for submitting comments. wishing to locate in Indian country; and (36) N1⁄2 of SW1⁄4 of Section 34 of • sources constructed under permits Mail: Document Control Office T35N R15E. (7407M), Office of Pollution Prevention issued by EPA, except as specified in (37) W1⁄2 of NE1⁄4 of Section 34 of paragraph (f) of this section. and Toxics (OPPT), Environmental T35N R15E. Protection Agency, 1200 Pennsylvania (f) Forest County Potawatomi 1 (38) E ⁄2 of Section 36 of T35N R15E. Ave., NW., Washington, DC 20460– Community reservation lands 80 acres (39) SW1⁄4 of Section 36 of T35N and over in size and located in Forest 0001. R15E. • Hand Delivery: OPPT Document County are designated as a Class I area (40) S1⁄2 of NW1⁄4 of Section 36 of for the purposes of prevention of Control Office (DCO), EPA East Bldg., T35N R15E. Rm. 6428, 1201 Constitution Ave., NW., significant deterioration of air quality. 1 (41) S ⁄2 of Section 24 of T35N R16E. Washington, DC. Attention: Docket ID The individual parcels listed below all 1 (42) N ⁄2 of Section 26 of T35N R16E. number EPA–HQ–OPPT–2006–0795. consist of a description from the Fourth (43) SW1⁄4 of Section 26 of T35N Principal Meridian, with a baseline that The DCO is open from 8 a.m. to 4 p.m., R16E. Monday through Friday, excluding legal is the Illinois-Wisconsin border: (44) W1⁄2 of SE1⁄4 of Section 26 of (1) Section 14 of Township 36 north holidays. The telephone number for the T35N R16E. DCO is (202) 564–8930. Such deliveries (T36N), range 13 east (R13E). (45) E1⁄2 of SW1⁄4 of Section 30 of (2) Section 26 of T36N R13E. are only accepted during the DCO’s T35N R16E. normal hours of operation, and special (3) The west half (W1⁄2) of the east half 1 1 (46) W ⁄2 of SE ⁄4 of Section 30 of arrangements should be made for (E1⁄2) of Section 27 of T36N R13E. T35N R16E. 1 2 1 4 deliveries of boxed information. (4) E ⁄ of SW ⁄ of Section 27 of T36N (47) N1⁄2 of Section 34 of T35N R16E. R13E. Instructions: Direct your comments to 1 1 [FR Doc. E6–21523 Filed 12–15–06; 8:45 am] docket ID number EPA–HQ–OPPT– (5) N ⁄2 of N ⁄2 of Section 34 of T36N R13E. BILLING CODE 6560–50–P 2006–0795. EPA’s policy is that all comments received will be included in (6) S1⁄2 of NW1⁄4 of Section 35 of T36N R13E. the public docket without change and (7) Section 36 of T36N R13E. ENVIRONMENTAL PROTECTION may be made available on-line at http:// (8) Section 2 of T36N R13E. AGENCY www.regulations.gov, including any (9) W1⁄2 of Section 2 of T34N R15E. personal information provided, unless 40 CFR Part 721 (10) Section 10 of T34N R15E. the comment includes information (11) S1⁄2 of NW1⁄4 of Section 16 of [EPA–HQ–OPPT–2006–0795; FRL–8102–3] claimed to be Confidential Business Information (CBI) or other information T34N R15E. RIN 2070–AJ31 (12) N1⁄2 of SE1⁄4 of Section 20 of whose disclosure is restricted by statute. T34N R15E. 2,3,5,6-Tetrachloro-2,5- Do not submit information that you (13) NW1⁄4 of Section 28 of T34N Cyclohexadiene-1,4-Dione; Proposed consider to be CBI or otherwise R15E. Significant New Use of a Chemical protected through regulations.gov or e- (14) W1⁄2 of NE1⁄4 of Section 28 of Substance; Reopening of Comment mail. The regulations.gov website is an T34N R15E. Period ‘‘anonymous access’’ system, which (15) W1⁄2 of SW1⁄4 of Section 28 of means EPA will not know your identity T34N R15E. AGENCY: Environmental Protection or contact information unless you (16) W1⁄2 of NE1⁄4 of Section 30 of Agency (EPA). provide it in the body of your comment. T34N R15E. ACTION: Proposed rule; reopening of If you send an e-mail comment directly (17) SW1⁄4 of Section 2 of T34N R16E. comment period. to EPA without going through (18) W1⁄2 of NE1⁄4 of Section 12 of regulations.gov, your e-mail address T34N R16E. SUMMARY: EPA is reopening the public will be automatically captured and (19) SE1⁄4 of Section 12 of T34N R16E. comment period for a proposed included as part of the comment that is (20) E1⁄2 of SW1⁄4 of Section 12 of significant new use rule (SNUR) placed in the public docket and made T34N R16E. published in the Federal Register of available on the Internet. If you submit (21) N1⁄2 of Section 14 of T34N R16E. May 12, 1993 (58 FR 27980) for the an electronic comment, EPA (22) SE1⁄4 of Section 14 of T34N R16E. chemical chloranil (2,3,5,6-tetrachloro- recommends that you include your (23) E1⁄2 of Section 16 of T34N R16E. 2,5-cyclohexadiene-1,4-dione). EPA is name and other contact information in (24) NE1⁄4 of Section 20 of T34N R16E. planning to complete this rulemaking by the body of your comment and with any (25) NE1⁄4 of Section 24 of T34N R16E. issuing a final rule. Given the long disk or CD ROM you submit. If EPA (26) N1⁄2 of Section 22 of T35N R16E. period of time which has passed since cannot read your comment due to (27) SE1⁄4 of Section 22 of T35N R16E. EPA issued the proposed rule, EPA is technical difficulties and cannot contact (28) N1⁄2 of SW1⁄4 of Section 24 of reopening the comment period. This you for clarification, EPA may not be T35N R15E. will provide an opportunity for able to consider your comment.

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Electronic files should avoid the use of (202) 566–1977; e-mail address: List of Subjects in 40 CFR Part 721 special characters, any form of [email protected]. Environmental protection, Chemicals, encryption, and be free of any defects or SUPPLEMENTARY INFORMATION: Hazardous substances, Reporting and viruses. recordkeeping requirements. I. General Information Docket: All documents in the docket are listed in the regulations.gov index. A. What Action is the Agency Taking? Dated: December 12, 2006. Although listed in the index, some With this document, EPA is reopening Wendy Cleland Hamnett, information is not publicly available, the comment period for a proposed Acting Director, Office of Pollution Prevention e.g., CBI or other information whose SNUR that would require persons to and Toxics. disclosure is restricted by statute. notify EPA at least 90 days before [FR Doc. E6–21495 Filed 12–15–06; 8:45 am] Certain other material, such as commencing the manufacture, import, BILLING CODE 6560–50–S copyrighted material, will be publicly or processing, for any use, of chloranil available only in hard copy. Publicly containing certain chlorinated dibenzo- available docket materials are available p-dioxins (CDDs) and chlorinated ENVIRONMENTAL PROTECTION electronically at http:// dibenzofurans (CDFs) in total combined AGENCY www.regulations.gov, or, if only amounts greater than 20 parts per 40 CFR Part 799 available in hard copy, at the OPPT billion (ppb). The chloranil CDD/CDF Docket, EPA Docket Center (EPA/DC). concentration would be calculated [EPA–HQ–OPPT–2002–0073; FRL–8109–2] The EPA/DC suffered structural damage based on their toxicity equivalence RIN 2070–AB79 due to flooding in June 2006. Although (TEQ) to 2,3,7,8-tetrachlorodibenzo-p the EPA/DC is continuing operations, dioxin (2,3,7,8-TCDD). EPA originally Proposed Test Rule for Certain there will be temporary changes to the published the proposed chloranil SNUR Chemicals on the ATSDR/EPA EPA/DC during the clean-up. The EPA/ in the Federal Register of May 12, 1993 CERCLA Priority List of Hazardous DC Public Reading Room, which was (58 FR 27980). Substances; Extension of Comment temporarily closed due to flooding, has The 90-day notice required by the Period been relocated in the EPA Headquarters SNUR would provide EPA with the Library, Infoterra Room (Room Number opportunity to evaluate the intended AGENCY: Environmental Protection 3334) in the EPA West Bldg., located at new use and associated activities, and Agency (EPA). 1301 Constitution Ave., NW., an opportunity to protect against ACTION: Proposed rule; extension of Washington, DC. The EPA/DC Public unreasonable risks, if any, from CDD/ comment period. Reading Room is open from 8:30 a.m. to CDF exposure that could result from use SUMMARY: EPA is hereby extending the 4:30 p.m., Monday through Friday, of chloranil with higher CDD/CDF comment period for a proposed rule excluding legal holidays. The telephone levels. Certain recordkeeping and issued on October 20, 2006 (71 FR number of the EPA/DC Public Reading certification requirements would also 61926) (FRL–8081–3), to require testing Room is (202) 566–1744, and the apply to manufacturers, importers, and for certain chemicals on the Agency for telephone number for the OPPT Docket processors of all chloranil, no matter Toxic Substances and Disease Registry is (202) 566–0280. EPA visitors are what the level of CDD/CDF (ATSDR)/EPA Priority List of Hazardous required to show photographic contamination. EPA indicated that it Substances to March 19, 2007. This identification and sign the EPA visitor would not promulgate a final rule until extension is being made as a result of a log. Visitors to the EPA/DC Public after receiving data required under the request by a member of the public for Reading Room will be provided with an dioxin furan test rule (40 CFR part 766). additional time to submit comments. EPA/DC badge that must be visible at all Reporting under the dioxin furan test times while in the EPA Building and rule has been completed and no DATES: Comments must be received on returned to the guard upon departure. In chloranil dioxin levels reported were or before March 19, 2007. Your request addition, security personnel will escort below 20 ppb TEQ. to present oral comments must be in visitors to and from the new EPA/DC writing and must be received by EPA on B. What is the Agency’s Authority for Public Reading Room location. Up-to- or before March 19, 2007. Taking this Action? date information about the EPA/DC is ADDRESSES: Follow the detailed on the EPA website at http:// Section 5(a)(2) of Toxic Substances instructions as provided under www.epa.gov/epahome/dockets.htm. Control Act (TSCA) (15 U.S.C. ADDRESSES in the Federal Register 2604(a)(2)) authorizes EPA to determine document of October 20, 2006. FOR FURTHER INFORMATION CONTACT: For that a use of a chemical substance is a FOR FURTHER INFORMATION CONTACT: For general information contact: Colby ‘‘significant new use.’’ EPA must make general information contact: Colby Lintner, Regulatory Coordinator, this determination by rule after Lintner, Regulatory Coordinator, Environmental Assistance Division considering all relevant factors, Environmental Assistance Division (7408M), Office of Pollution Prevention including those listed in TSCA section (7408M), Office of Pollution Prevention and Toxics, Environmental Protection 5(a)(2). Once EPA determines that a use and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., of a chemical substance is a significant Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone new use, TSCA section 5(a)(1)(B) Washington, DC 20460–0001; telephone number: (202) 554–1404; e-mail address: requires persons to submit a Significant number: (202) 554–1404; e-mail address: [email protected]. New Use Notice (SNUN) to EPA at least [email protected]. For technical information contact: 90 days before they manufacture, For technical information contact: Dwain Winters, National Program import, or process the chemical Robert W. Jones, Chemical Control Chemicals Division (7404T), Office of substance for that use (15 U.S.C. Division, Office of Pollution Prevention Pollution Prevention and Toxics, 2604(a)(1)(B)). The mechanism for and Toxics (7405M), Environmental Environmental Protection Agency, 1200 reporting under this requirement is Protection Agency, 1200 Pennsylvania Pennsylvania Ave., NW., Washington, established under 40 CFR part 721, Ave., NW., Washington, DC 20460– DC 20460–0001; telephone number: subpart A. 0001; telephone number: (202) 564–

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8161; e-mail address: List of Subjects in 40 CFR Part 799 plan elements focused primarily on [email protected]. Environmental protection, Chemicals, LCMA 3. Some measures relevant to this Hazardous substances, Laboratories, action, still under Board consideration, SUPPLEMENTARY INFORMATION: This are included within the scope of this document extends the public comment Reporting and recordkeeping requirements. rulemaking. Accordingly, NMFS period established in the Federal announces that this present ANPR Register issued on October 20, 2006 (71 Dated: December 12, 2006. revises the December 13, 2005, ANPR FR 61926) (FRL–8081–3). In that Susan B. Hazen, and invites public comment on changes document, EPA proposed to require Acting Assistant Administrator, Office of to the ISFMP, either formally approved testing for certain chemicals on the Prevention, Pesticides and Toxics Substances. by the Board or pending approval. Any ATSDR/EPA Priority List of Hazardous [FR Doc. E6–21494 Filed 12–15–06; 8:45 am] repealed measures, having previously Substances which is compiled under the BILLING CODE 6560–50–S been raised in the December 13, 2005, Comprehensive Environmental ANPR, will remain within the scope of Response Compensation and Liability this present ANPR, although the Board’s Act (CERCLA), and solicited proposals DEPARTMENT OF COMMERCE repeal is notable and NMFS invites for enforceable consent agreements comment on the Board’s withdrawal of (ECAs). EPA proposed the test rule National Oceanic and Atmospheric the measures. under section 4(a) of the Toxic Administration DATES: Comments must be received by Substances Control Act (TSCA) that January 17, 2007. would require manufacturers (including 50 CFR Part 697 ADDRESSES: Written comments should importers) and processors of four be sent to Harold Mears, Director, State, chemical substances (chloroethane, [Docket No. 051129315–6314–02; I.D. 112505A] Federal and Constituent Programs hydrogen cyanide, methylene chloride, Office, Northeast Region, NMFS, One and sodium cyanide) to conduct testing RIN 0648–AU07 Blackburn Drive, Gloucester, MA 01930. for certain health effects relating to the Atlantic Coastal Fisheries Cooperative Comments may also be sent via e-mail manufacture, distribution in commerce, to [email protected], via fax (978) 281– processing, use, or disposal of these Management Act Provisions; American Lobster Fishery 9117 or via the Federal e-Rulemaking substances. The data that would be portal at www.regulations.gov. obtained under the testing program are AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT: intended to be used to address health Service (NMFS), National Oceanic and Peter Burns, Fishery Management effects data needs identified by ATSDR Atmospheric Administration (NOAA), Specialist, (978) 281–9144, fax (978) and EPA for these substances, which are Commerce. 281–9117, e-mail [email protected]. among the hazardous substances most ACTION: Advance notice of proposed frequently found at sites listed on the rulemaking (ANPR); request for SUPPLEMENTARY INFORMATION: CERCLA National Priorities List (NPL) comments. Scope of This ANPR and which are also hazardous air pollutants (HAPs) under section 112 of SUMMARY: NMFS announces that it is With respect to the scope of this the Clean Air Act (CAA). EPA solicited considering and seeking public action, additional management proposals for ECAs involving the comment on the implementation of measures are identified for LCMA 3 that conduct of physiologically based further minimum carapace length have yet to be proposed or implemented pharmacokinetics (PBPK) studies as an (gauge) increases, escape vent size by NMFS. These include: four alternative to the testing proposed in the increases, and trap reductions in the additional 1/32 inch (0.08 centimeters rule, as appropriate. Alternatively, if offshore American lobster fishery, (cm)) gauge increases that would result ECA proposals involving the conduct of consistent with recommendations for in a 3 1/2 inch (8.89–cm) minimum PBPK studies are not received, or if Federal action in the Atlantic States gauge size requirement for LCMA 3 by received, are not considered by the Marine Fisheries Commission’s July 1, 2008; and escape vent size Agency to be adequate, EPA may (Commission) Interstate Fishery increases in LCMA 3 to 2 1/16 inches consider ECA proposals which cover Management Plan for American Lobster X 5 3/4 inches rectangular (5.24 cm X some or all of the testing identified for (ISFMP) and pending management 14.61 cm) or two circular vents at 2 11/ a given chemical in this proposed rule. actions of the Commission’s American 16 inches diameter (6.83 cm) by July 1, Lobster Management Board (Board). A 2010. Additionally, NMFS also is EPA is hereby extending the comment similar announcement, published in the considering a suite of trap reductions in period on the proposed rule, which was Federal Register on December 13, 2005, LCMA 3. First, Addendum IV to set to end on December 19, 2006, to notified the public that NMFS was Amendment 3 of the ISFMP calls for a March 19, 2007. This extension is being considering and requesting comment on 10–percent active trap reduction made as a result of a request by a gauge and escape vent size increases in implemented over two consecutive member of the public for additional multiple lobster conservation years with a scheduled 5–percent time to submit comments. management areas (LCMAs). However, reduction for 2007 and a 5–percent Please go to the proposed rule to since the publication of that document, reduction in 2008. To address the need review the details of the Agency’s many LCMA-specific Commission for further fishing mortality and fishing proposed action and follow the recommendations were modified in effort reductions in the offshore fishery instructions provided in the proposed response to information in an updated as identified in the updated stock rule for how to comment. To view the peer-reviewed stock assessment assessment released in 2005, the Board electronic docket for this proposed rule published January 2006. Subsequent is developing an addendum to consider and submit comments on-line, please go Commission deliberations resulted in an additional 5–percent reduction in to http://www.regulations.gov. The the Board making changes to the fishery traps in LCMA 3 to be implemented as docket identification number of this management plan, adding and repealing a 2.5–percent reduction each year for action is EPA–HQ–OPPT–2002–0073. measures, such that many of the newer two consecutive years following the

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initial 10–percent active trap reduction. addressed in a previous NMFS ANPR, include the additional escape vent size The two 2.5–percent reductions have published in the Federal Register on increase for LCMA 1 (2 inches X 5 3/4 not been included as part of the ISFMP, December 13, 2005 (70 FR 73717) , have inches (5.08 cm X 14.61 cm) rectangular but are in an addendum being drafted since been repealed by the Board based or 2 5/8 inches (6.67 cm) circular by for review by the Board, and on an updated American lobster stock 2008); in the Outer Cape Cod LCMA, consequently, NMFS includes this assessment approved in January 2006. four additional 1/32 inch–(0.08–cm) measure for public consideration. Table The updated stock assessment indicated gauge increases up to 3 1/2 inches (8.89 1 illustrates the LCMA 3 gauge stable stock abundance for the Georges cm) by July 2008 and an escape vent increases, escape vent size increases and Bank and majority of the Gulf of Maine increase to 2 1/16 inches X 5 3/4 inches the 10–percent trap reductions currently stocks. However, decreased stock (5.24 cm X 14.61 cm) rectangular or 2 recommended in the ISFMP for Federal abundance and recruitment due to high 11/16 inches (6.83 cm) circular by 2008. implementation. Also included in the fishing mortality were evident in the Recommendations for delay in the table are the two additional 2.5–percent assessment of the Southern New LCMA 3 escape vent size increase until trap reductions for LCMA 3 pending Board adoption. Although not officially England stock and the statistical area 2010, is included in draft Addendum XI part of the ISFMP, these pending trap 514 portion of the Gulf of Maine stock to Amendment 3 of the ISFMP, reductions are included within the that includes Massachusetts Bay and scheduled for Board review in January scope of this ANPR because they are Stellwagen Bank. Upon review of these 2007. NMFS invites the public to relevant to the 10–percent reductions findings, the Board determined that comment on the revised management already adopted into the ISFMP and many of the additional gauge increases scenario and extends the scope of this recommended for Federal and escape vent size increases were not ANPR to include the measures implementation. necessary for conservation and, with the subsequently withdrawn by the Board Several management measures exception for those in LCMA 3, were as well, given their potential impacts on previously included in the ISFMP and repealed. The repealed measures the resource and industry.

TABLE 1. AMERICAN LOBSTER ISFMP GAUGE, ESCAPE VENT AND TRAP REDUCTION SCHEDULE FOR LCMA 3 AND COR- RESPONDING FEDERAL ACTION (INCLUDES ONLY THE MEASURES CURRENTLY RECOMMENDED IN THE ISFMP FOR FED- ERAL IMPLEMENTATION AND RELEVANT TRAP REDUCTIONS PENDING BOARD ADOPTION). [Measurements are in inches]

Addenda II-VIII Current Federal Lobster This ANPR Considers Regulations LCMA trap reduc- trap gauge vent* tions gauge vent* gauge vent* reductions**

LCMA3 3 3/8 July 2004 2 X 5 3/4 5% 3 3/8 2 X 5 3/4 3 13/32 2 1/16 X 5 3/4 5% 3 13/32 July 2005 rectangular in 2007 rectangular rectangular in 2007 3 7/16 July 2006 or or 3 7/16 or 3 15/32 July 2007 2 5/8 circular 5% 2 5/8 2 11/16 5% 3 1/2 July 2008 by 2004 in 2008 circular 3 15/32 circular in 2008 by 2010 2 1/16 X 5 3/4 3 1/2 2.5% rectangular by 2008 in 2009 or 2 11/16 circular 2.5% by 2008 in 2010 * All vent sizes include a rectangular and corresponding circular vent size. In all cases, each trap is required to have one rectangular vent or two circular vents at the sizes indicated. The ANPR considers a proposed action by the Board to postpone the escape vent increase for LCMA 3 until 2010. ** The two 5% trap reductions scheduled for 2007 and 2008 were established in Addendum IV; the two 2.5% reductions are being considered in this ANPR, concurrent with Board review.

Background and Description of which future lobster management - to be that are compatible with the effective Relevant ISFMP Actions set forth in later addenda - would be implementation of the ISFMP and based. In particular, Amendment 3 consistent with the national standards Addenda I through IX are part of an employed a participatory management of the Magnuson-Stevens Fishery overall lobster fishery management approach by creating the seven lobster Conservation and Management Act. regime set forth inAmendment 3 to the management areas, each with its own These Federal regulations are ISFMP. The intent of Amendment 3, lobster conservation management team promulgated pursuant to the ACFCMA approved by the Board in December (LCMT) comprised of industry and are codified at 50 CFR part 697. 1997, is to achieve a healthy American members. Amendment 3 tasked the Addendum I to Amendment 3 focused lobster resource and to develop a LCMTs with providing largely on effort control measures. The management regime that provides for recommendations for area-specific Board approved Addendum I in August sustained harvest, maintains management measures to the Board to 1999, with NMFS promulgating opportunities for participation, and meet the lobster egg production and compatible regulations on March 27, provides for the cooperative effort reduction goals of the ISFMP. 2003 (68 FR 14902). This action, in part, development of conservation measures NMFS has the authority under the established a limited access program in by all stakeholders. In short, Atlantic Coastal Fisheries Cooperative the lobster trap fishery in LCMAs 3, 4 Amendment 3 was envisioned to Management Act (ACFCMA) to and 5, based on historical participation provide much of the framework upon implement regulations in Federal waters and additional sliding scale trap

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reductions in LCMA 3 through 2006. pertinent to egg production and VIII, adopted by the Board in May 2006, The Board approved Amendment 3’s therefore, are not included within the established new data collection egg production measures as Addenda II scope of this ANPR but are being requirements and adopted new and III in February 2001 and February addressed in a separate rulemaking biological reference points to facilitate 2002, respectively, and recommended action. Addendum VII, approved by the the assessment of the lobster resource. that NMFS implement complementary Board in November 2005, facilitates NMFS will address the data collection Federal regulations. In response, NMFS effort control measures and constitutes issue in a separate rulemaking outside published a final rule on March 14, a limited access program for the lobster the scope of this ANPR. Addendum IX, 2006 (71 FR 13027), implementing trap fishery in the state waters of LCMA adopted by the Board in October 2006, multiple management measures, 2, based on historical participation, with will impose a 10–percent conservation including a gauge increase and escape recommendations for complementary tax on the sale of lobster traps in LCMA vent size increase in all LCMAs, except actions in the Federal waters of LCMA 2. LCMA 1, to 3 3/8 inches (8.57 cm) and 2. In approving Addendum VII, the 2 X 5 3/4 inches (5.08 X 14.61 cm), Board opted not to continue with the Classification respectively. In December 2003, the previously adopted schedule of Board approved Addendum IV which, minimum carapace length increases up This ANPR has been determined to be in part, included additional egg to 3 1/2 inches (8.89 cm) in LCMA 2 not significant for the purposes of production measures. One such (Addendum III) and voted to maintain Executive Order 12866. measure, the sliding scale trap reduction the minimum legal carapace length Authority: 16 U.S.C. 5101 et seq. plan, was adopted to facilitate (gauge) at 3 3/8 inches (8.57 cm). Dated: December 11, 2006. additional active trap reductions in Following the updated stock assessment LCMA 3 by 10 percent by imposing a 5– results, at a meeting in May 2006, the Samuel D. Rauch III, percent trap reduction in both 2007 and Board rescinded gauge increases beyond Deputy Assistant Administrator for 2008. The 10–percent trap reduction is 3 3/8 inches (8.57 cm), and a Regulatory Programs, National Marine part of the suite of measures considered complementary escape vent increase in Fisheries Service. in this ANPR. Addenda V and VI did the Outer Cape LCMA, and an escape [FR Doc. E6–21448 Filed 12–15–06; 8:45 am] not include any further measures vent increase in LCMA 1. Addendum BILLING CODE 3510–22–S

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Notices Federal Register Vol. 71, No. 242

Monday, December 18, 2006

This section of the FEDERAL REGISTER the collection of information unless it the Food and Drug Administration contains documents other than rules or displays a currently valid OMB control (FDA), U.S. Department of Health and proposed rules that are applicable to the number. Human Services (HHS), are sponsoring public. Notices of hearings and investigations, a public meeting on January 23, 2007. Farm Service Agency committee meetings, agency decisions and The objective of the public meeting is to rulings, delegations of authority, filing of Title: Certified Mediation Program. petitions and applications and agency provide information and receive public statements of organization and functions are OMB Control Number: 0560–0165. comments on agenda items and draft examples of documents appearing in this Summary of Collection: The Farm United States positions that will be section. Service Agency (FSA) is amending its discussed at the Twentieth Session of agricultural loan mediation regulations the Codex Committee on Fats and Oils to implement the requirements of the (CCFO) of the Codex Alimentarius DEPARTMENT OF AGRICULTURE Federal Crop Insurance Reform and Commission (Codex), which will be Department of Agriculture held in London, United Kingdom, from Submission for OMB Review; Reorganization Act of 1994 (the 1994 February 19–23, 2007. The Under Comment Request Act) and the United States Grain Secretary for Food Safety and FDA Standards Act of 2000 (the Grain December 12, 2006. recognize the importance of providing Standards Act). The regulation provides The Department of Agriculture has interested parties the opportunity to a mechanism to States to apply for and submitted the following information obtain background information on the obtain matching funds grants from collection requirement(s) to OMB for 20th Session of CCFO and to address review and clearance under the USDA. The grant funds help states items on the agenda. Paperwork Reduction Act of 1995, supplement administrative operating DATES: The public meeting is scheduled Public Law 104–13. Comments funds needed to administer their for Tuesday, January 23, 2007 from 2 regarding (a) Whether the collection of agricultural mediation programs. FSA p.m. to 4 p.m. information is necessary for the proper will collect information by mail, phone, ADDRESSES: The public meeting will be performance of the functions of the fax, and in person. held in the rear of the Cafeteria, South agency, including whether the Need and Use of the Information: FSA Agriculture Building, United States information will have practical utility; will collect information to determine Department of Agriculture, 1400 (b) the accuracy of the agency’s estimate whether the State meets the eligibility Independence Avenue SW., of burden including the validity of the criteria to be recipients of grant funds, Washington, DC 20250. Documents methodology and assumptions used; (c) and secondly, to determine if the grant related to the 20th Session of the CCFO ways to enhance the quality, utility and is being administered as provided by the will be accessible via the World Wide clarity of the information to be Act. Web at the following address: http:// collected; (d) ways to minimize the Description of Respondents: State, www.codexalimentarius.net/ burden of the collection of information Local or Tribal Government. current.asp. on those who are to respond, including Number of Respondents: 32. The U.S. Delegate to the 20th Session through the use of appropriate Frequency of Responses: Reporting: of the CCFO, Dr. Dennis Keefe of FDA, automated, electronic, mechanical, or Annually. invites U.S. interested parties to submit other technological collection Total Burden Hours: 1024. their comments electronically to the techniques or other forms of information Ruth Brown, following e-mail address technology should be addressed to: Desk Departmental Information Collection ([email protected]). Officer for Agriculture, Office of Clearance Officer. Registration Information and Regulatory Affairs, [FR Doc. E6–21451 Filed 12–15–06; 8:45 am] Office of Management and Budget There is no need to pre-register for BILLING CODE 3410–05–P (OMB), this meeting. To gain admittance to this [email protected] or meeting, individuals must present a fax (202) 395–5806 and to Departmental DEPARTMENT OF AGRICULTURE photo ID for identification. When Clearance Office, USDA, OCIO, Mail arriving for the meeting, please enter the Stop 7602, Washington, DC 20250– Food Safety and Inspection Service South Building through the Second 7602. Comments regarding these Wing entrance on ‘‘C’’ Street SW. information collections are best assured [Docket No. FSIS–2006–0041] For Further Information About the of having their full effect if received Codex Alimentarius Commission: 20th Session of the CCFO Contact: Dr. within 30 days of this notification. Meeting of the Codex Committee on Dennis Keefe, the U.S. Delegate to the Copies of the submission(s) may be Fats and Oils 20th Session of the CCFO, FDA, Center obtained by calling (202) 720–8958. for Food Safety and Applied Nutrition, An agency may not conduct or AGENCY: Office of the Under Secretary Harvey W. Wiley Federal Building, 5100 sponsor a collection of information for Food Safety, USDA. Paint Branch Parkway, College Park, MD unless the collection of information ACTION: Notice of public meeting and 20740–3835, Phone: (301) 436–1284, displays a currently valid OMB control request for comments. Fax: (301) 436–2972. E-mail: number and the agency informs [email protected]. potential persons who are to respond to SUMMARY: The Office of the Under For Further Information About the the collection of information that such Secretary for Food Safety, U.S. Public Meeting Contact: Amjad Ali, persons are not required to respond to Department of Agriculture (USDA), and International Issues Analyst, U.S. Codex

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Office, Food Safety and Inspection to be distributed, by the Secretariat prior regulations, directives and notices. Service, Room 4861, South Building, to the Meeting. Members of the public Customers can add or delete 1400 Independence Avenue, SW., may access or request copies of these subscriptions themselves and have the Washington, DC 20250, Phone: (202) documents (see ADDRESSES). option to password protect their 205–7760, Fax: (202) 720–3157. account. Public Meeting SUPPLEMENTARY INFORMATION: Done at Washington, DC on December 12, At the January 23, 2007 public 2006. Background meeting, draft U.S. positions on the F. Edward Scarbrough, The Codex Alimentarius (Codex) was agenda items will be described, established in 1963 by two United discussed, and attendees will have the U.S. Manager for Codex Alimentarius. Nations organizations, the Food and opportunity to pose questions and offer [FR Doc. E6–21371 Filed 12–15–06; 8:45 am] Agriculture Organization and the World comments. Written comments may be BILLING CODE 3410–DM–P Health Organization. Through adoption offered at the meeting or sent to the U.S. of food standards, codes of practice, and Delegate for the 20th Session of CCFO, other guidelines developed by its Dr. Dennis Keefe (see ADDRESSES). committees, and by promoting their Written comments should state that they DEPARTMENT OF COMMERCE adoption and implementation by relate to activities of the 20th Session of International Trade Administration governments, Codex seeks to protect the the CCFO. health of consumers and ensure that fair Additional Public Notification Antidumping or Countervailing Duty practices are used in trade. Order, Finding, or Suspended The Codex Committee on Fats and Public awareness of all segments of Investigation; Opportunity To Request Oils was established to elaborate codes, rulemaking and policy development is Administrative Review; Correction standards and related texts for fats and important. Consequently, in an effort to oils. The Committee is hosted by the ensure that minorities, women, and AGENCY: Import Administration, United Kingdom. persons with disabilities are aware of International Trade Administration, this notice, FSIS will announce it on- Issues To Be Discussed at the Public Department of Commerce. line through the FSIS Web page located Meeting at http://www.fsis.usda.gov/regulations/ SUMMARY: This is a correction to the The following items on the Agenda 2006_Notices_Index/. FSIS also will notice of Antidumping or for the 20th Session of the Committee make copies of this Federal Register Countervailing Duty Order, Finding, or will be discussed during the public publication available through the FSIS Suspended Investigation; Opportunity meeting: Constituent Update, which is used to to Request Administrative Review, 71 • Matters Referred to the Committee provide information regarding FSIS FR 69543 (December 1, 2006). from the Other Codex Bodies. policies, procedures, regulations, DATES: • Draft Standard for Fat Spreads and Effective Date: December 18, Federal Register notices, FSIS public 2006. Blended Spreads: Section on Food meetings, recalls, and other types of Additives. information that could affect or would FOR FURTHER INFORMATION CONTACT: • Draft Amendment to the Standard be of interest to constituents and Sheila E. Forbes, Office of AD/CVD for Named Vegetable Oils: Inclusion of stakeholders. The update is Operations, Office 4, Import Rice Bran Oil. • communicated via Listserv, a free Administration, International Trade Draft Amendment to the Standard Administration, U.S. Department of for Named Vegetable Oils: Amendment electronic mail subscription service for industry, trade and farm groups, Commerce, 14th Street and Constitution to Total Carotenoids in Unbleached Avenue, NW., Washington, DC 20230, Palm Oil. consumer interest groups, allied health telephone: (202) 482–4697. • Code of Practice for Storage and professionals, and other individuals Transport of Edible Fats and Oils in who have asked to be included. The Background Bulk: Draft List of Acceptable Previous update is available on the FSIS Web Cargoes. page. Through the Listserv and Web On December 1, 2006, the Department • Consideration of the Linolenic Acid page, FSIS is able to provide of Commerce (‘‘the Department’’) Level in Section 3.9 of the Standard for information to a much broader and more published in the Federal Register, the Olive Oils and Olive Pomace Oils. diverse audience. In addition, FSIS Antidumping or Countervailing Duty • Consideration of Proposals for offers an e-mail subscription service Order, Finding, or Suspended Amendments to the Standard for Named which provides automatic and Investigation; Opportunity to Request Vegetable Oils: Palm Kernel Stearin and customized access to selected food Administrative Review, for cases with Palm Kernel Olein. safety news and information. This December anniversary dates. In that • Criteria for the Revision of the service is available at http:// notice the period of review listed for the Standard for Named Vegetable Oils. www.fsis.usda.gov/news_and_events/ following cases were incorrect. The Each issue listed will be fully email_subscription/. Options range from correct periods of review are listed described in documents distributed, or recalls to export information to below.

Period

Countervailing Duty Proceedings INDIA: Certain Hot-Rolled Carbon Steel Flat Products C–533–821 ...... 1/1/06–12/31/06 INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products C–560–813 ...... 1/1/06–12/31/06

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This notice is not required by statute Background United States (‘‘HTSUS’’) under item but is published as a service to the On December 22, 2005, the numbers 7208.40.3030, 7208.40.3060, international trading community. Department published a notice of 7208.51.0030, 7208.51.0045, Dated: December 12, 2006. initiation of this administrative review 7208.51.0060, 7208.52.0000, Stephen J. Claeys, of the antidumping order on CTL plate 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, Deputy Assistant Secretary for Import from the PRC for the period November 7211.13.0000, 7211.14.0030, Administration. 1, 2004, through October 31, 2005, 7211.14.0045, 7211.90.0000, [FR Doc. E6–21510 Filed 12–15–06; 8:45 am] covering Liaoning Company and 7212.40.1000, 7212.40.5000, and BILLING CODE 3510–DS–P Angang. See Initiation of Antidumping 7212.50.0000. Included in this order are and Countervailing Duty Administrative flat–rolled products of non–rectangular Reviews and Request for Revocation in cross-section where such cross-section DEPARTMENT OF COMMERCE Part, 70 FR 76024 (December 22, 2005). is achieved subsequent to the rolling On August 10, 2006, the Department process (i.e., products which have been International Trade Administration published its Preliminary Results in this ‘‘worked after rolling’’) – for example, A–570–849 administrative review, preliminarily products which have been beveled or applying AFA to Liaoning Company and Cut–to-Length Carbon Steel Plate from rounded at the edges. Excluded from preliminarily rescinding the review of this order is grade X–70 plate. Also the People’s Republic of China: Final Angang. In the Preliminary Results, the Results and Final Partial Rescission of excluded from this order is certain Department also provided interested carbon cut–to-length steel plate with a Antidumping Duty Administrative parties an opportunity to comment and Review maximum thickness of 80 mm in steel request a hearing on the Preliminary grades BS 7191, 355 EM, and 355 EMZ, AGENCY: Import Administration, Results. On September 11, 2006, as amended by Sable Offshore Energy International Trade Administration, importer Marubeni–Itochu Steel Project specification XB MOO Y 15 Department of Commerce. America Inc. (‘‘MISA’’) filed a notice of 0001, types 1 and 2. Although the SUMMARY: On August 10, 2006, the appearance in the proceeding, HTSUS subheadings are provided for Department of Commerce submitted a case brief and requested a convenience and customs purposes, the (‘‘Department’’) published in the hearing. On September 18, 2006, the written description of the scope is Federal Register its preliminary results Department received rebuttal briefs from dispositive. in the administrative review of the petitioner Nucor Corporation and antidumping duty order on cut–to- interested party domestic producer Partial Rescission of Review length carbon steel plate (‘‘CTL plate’’) IPSCO Steel Inc. The Department held In the Preliminary Results, the from the People’s Republic of China a public hearing on October 26, 2006. Department preliminarily rescinded the (‘‘PRC’’) for the period November 1, See transcript ‘‘In the Matter of: Cut to review with respect to Angang, which 2004, through October 31, 2005. See Length Carbon Steel Plate from the timely withdrew its request for Cut–to-Length Carbon Steel Plate from Peoples Republic of China’’ (October 26, administrative review within the the People’s Republic of China: Notice 2006). extended time limit granted by the of Rescission, In Part, and Preliminary Period of Review Department. On May 15, 2006, Results of Antidumping Duty notwithstanding its withdrawal of its Administrative Review, 71 FR 45768 The period of review (‘‘POR’’) is request for review, Angang filed a letter (August 10, 2006) (‘‘Preliminary November 1, 2004, through October 31, to the Department requesting that the Results’’). Based upon our analysis of 2005. Department issue specific liquidation the comments received, as well as the Scope of the Order instructions on one of its shipments hearing conducted, in this review, the made during the POR. Since the Department continues to find that The products covered by this order issuance of the Preliminary Results, no application of adverse facts available include hot–rolled carbon steel party has demonstrated that the review (‘‘AFA’’) is warranted with respect to universal mill plates (i.e., flat–rolled should not be rescinded with respect to China Metallurgical Import & Export products rolled on four faces or in a Angang. Pursuant to 19 C.F.R. Liaoning Company (‘‘Liaoning closed box pass, of a width exceeding 351.213(d)(1), the Department ‘‘will Company’’). The Department is also 150 millimeters but not exceeding 1,250 rescind an administrative review’’ if the rescinding the administrative review millimeters and of a thickness of not review request is withdrawn in a timely with respect to Angang New Steel Co., less than 4 millimeters, not in coils and manner and no other party requested a Ltd. and Angang Group Hong Kong Co., without patterns in relief), of review. Accordingly, as Angang’s Limited (collectively ‘‘Angang’’), as its rectangular shape, neither clad, plated withdrawal was timely and no other request for review was timely nor coated with metal, whether or not party requested a review for Angang, we withdrawn in accordance with 19 CFR painted, varnished, or coated with are rescinding this administrative 351.213(d)(1). plastics or other nonmetallic substances; review with respect to Angang. and certain hot–rolled carbon steel flat– EFFECTIVE DATE: December 18, 2006. rolled products in straight lengths, of Analysis of Comments Received FOR FURTHER INFORMATION CONTACT: rectangular shape, hot–rolled, neither On September 11, 2006, importer Juanita H. Chen or Blanche Ziv, AD/ clad, plated, nor coated with metal, MISA requested a hearing on the CVD Operations, Office 8, Import whether or not painted, varnished, or Department’s decision not to issue Administration, International Trade coated with plastics or other liquidation instructions as requested by Administration, U.S. Department of nonmetallic substances, 4.75 Angang. The issue raised in the case and Commerce, 1401 Constitution Avenue, millimeters or more in thickness and of rebuttal briefs by parties to this NW, Washington, DC 20230; telephone: a width which exceeds 150 millimeters proceeding and to which we have 202–482–1904 or 202–482–4207, and measures at least twice the responded is addressed in the Issue and respectively. thickness, as currently classifiable in the Decision Memorandum to David M. SUPPLEMENTARY INFORMATION: Harmonized Tariff Schedule of the Spooner, Assistant Secretary for Import

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Administration, from Stephen J. Claeys, noted above and in our Preliminary Administrative Protective Orders Deputy Assistant Secretary for Import Results. This notice also serves as a reminder Administration, dated December 8, Final Results of Review to parties subject to administrative 2006, which is adopted herein, by protective order (‘‘APO’’) of their reference (‘‘Issue and Decision As a result of this review, the responsibility concerning the return or Memorandum’’). The Issue and Decision Department determines that the destruction of proprietary information Memorandum is on file in the Central weighted–average dumping margin of disclosed under APO in accordance Records Unit, room B–099 of the 128.59 percent exists for the PRC–wide with 19 C.F.R. 351.305, which continues Herbert C. Hoover Building and may be entity, which includes Liaoning to govern business proprietary accessed on the Web at http:// Company, for the period November 1, information in this segment of the ia.ita.doc.gov/frn/index.html. The paper 2004, through October 31, 2005. proceeding. Timely written notification copy and electronic version of the Issue of the return/destruction of APO and Decision Memorandum are Cash Deposit Requirements materials or conversion to judicial identical in content. The following cash–deposit protective order is hereby requested. Changes Since The Preliminary Results requirements will be effective upon Failure to comply with the regulations publication of these final results of and terms of an APO is a violation Based on our analysis of the which is subject to sanction. comments received, the Department has administrative review for all shipments of CTL plate from the PRC entered, or We are issuing and publishing these made no changes to the Preliminary final results of administrative review in Results. withdrawn from warehouse, for consumption on or after the publication accordance with ections 751(a)(1) and Facts Available date, as provided for by section 777(i)(1) of the Act, as well as 19 C.F.R. 351.221(b)(4) and 19 C.F.R. 51.213(d)(4). In the Preliminary Results, the 751(a)(2)(C) of the Act: (1) for previously Dated: December 8, 2006. Department found that Liaoning investigated or reviewed PRC and non– Company did not demonstrate that it PRC exporters not subject to this review David M. Spooner, was entitled to a separate rate because that have separate rates, the cash– Assistant Secretary for Import the information it provided was deposit rate will continue to be the Administration. incomplete and unreliable. For these exporter–specific rate published for the [FR Doc. E6–21521 Filed 12–15–06; 8:45 am] final results, the Department continues most recent proceeding; (2) for all other BILLING CODE 3510–DS–S to find that, because Liaoning Company PRC exporters, including Liaoning did not demonstrate its eligibility for Company, the cash–deposit rate will be DEPARTMENT OF COMMERCE separate–rate status, it is part of the 128.59 percent (i.e. the PRC–wide rate); and (3) for all other non–PRC exporters, PRC–wide entity. In the Preliminary International Trade Administration Results, the Department based the the cash–deposit rate will be the rate margin for the PRC–wide entity, applicable to the PRC exporter that (A–489–807) including Liaoning Company, on total supplied that exporter. These cash Notice of Amended Final Results and AFA based on the PRC–wide entity’s deposit requirements, when imposed, Rescission of Antidumping Duty failure to cooperate by not acting to the shall remain in effect until publication Administrative Review in Part: Certain best of its ability in providing the of the final results of the next Steel Concrete Reinforcing Bars From requested information. See Preliminary administrative review. Turkey Results, 71 FR 45768, 45770–45771 Assessment Rates (August 10, 2006). AGENCY: Import Administration, The Department continues to find, in The Department intends to issue International Trade Administration, accordance with section 776(a) of the assessment instructions directly to U.S. Department of Commerce. Tariff Act of 1930, as amended (‘‘Act’’), Customs and Border Protection (‘‘CBP’’) EFFECTIVE DATE: December 18, 2006. that it is appropriate to continue to 15 days after the date of publication of FOR FURTHER INFORMATION CONTACT: Irina apply total AFA to the PRC–wide entity, these final results of administrative Itkin or Alice Gibbons, AD/CVD including Liaoning Company, as it review. Because Liaoning Company is Operations, Office 2, Import failed to provide the requested part of the PRC–wide entity, the Administration, International Trade information. For these final results, we Department will instruct CBP to Administration, U.S. Department of continue to find that as AFA, the prior liquidate its entries of subject Commerce, 14th Street and Constitution PRC–wide entity rate of 128.59 percent merchandise at 128.59 percent, the Avenue, NW, Washington, DC 20230; continues to be appropriate. PRC–wide rate. telephone: (202) 482–0656 or (202) 482– A complete explanation of the Notification to Importers 0498, respectively. selection, corroboration, and application SUPPLEMENTARY INFORMATION: of the AFA rate can be found in the This notice also serves as a final Preliminary Results. See Preliminary reminder to importers of their Background Results, 71 FR 45768. The Department responsibility under 19 C.F.R. 351.402(f) In accordance with sections 751(a)(1) did not receive comments with regard to to file a certificate regarding the and 777(i)(1) of the Tariff Act of 1930, its preliminary findings for Liaoning reimbursement of antidumping duties as amended (the Act), on November 7, Company as part of the PRC–wide prior to liquidation of the relevant 2006, the Department of Commerce (the entity. Further, no information was entries during this review period. Department) published its notice of final submitted since the Preliminary Results Failure to comply with this requirement results of antidumping duty that calls into question the reliability of could result in the Secretary’s administrative review on steel concrete the Department’s selection, presumption that reimbursement of reinforcing bars (rebar) from Turkey. See corroboration, and application of AFA antidumping duties occurred and the Certain Steel Concrete Reinforcing Bars in this review. Accordingly, for the final subsequent assessment of doubled From Turkey; Final Results and results, we continue to apply AFA as antidumping duties. Rescission of Antidumping Duty

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Administrative Review in Part, 71 FR Duty Assessment and Cash Deposit ACTION: Announcement of Funding 65082 (Nov. 7, 2006) (Final Results). On Requirements Opportunity for Social Science November 13, 2006, we received The Department shall determine, and Fellowships in the National Estuarine allegations, timely filed pursuant to 19 U.S. Customs and Border Protection Research Reserve System. CFR 351.224(c)(2), from Colakoglu (CBP) shall assess, antidumping duties SUMMARY: NOAA’s Estuarine Reserves Metalurji, A.S. (Colakoglu) and on all appropriate entries. In accordance Ekinciler Demir ve Celik Sanayi A.S./ Division, in collaboration with NOAA’s with 19 CFR 351.212(b)(1), we have Coastal Services Center and Office of Ekinciler Dis Ticaret A.S. (Ekinciler), calculated importer–specific assessment that the Department made ministerial Oceanic and Atmospheric Research, rates by dividing the dumping margin Climate Program Office, are offering five errors in its final results. On November found on the subject merchandise 20, 2006, we received comments from fellowships for masters and doctoral examined by the entered value of such students to conduct social science the petitioners (i.e., Gerdau AmeriSteel merchandise. Where the importer– Corporation, Commercial Metals research within the National Estuarine specific assessment rate is above de Research Reserve System. Funds will be Company, and Nucor Corporation) minimis, we will instruct CBP to assess rebutting these allegations. provided to support research projects antidumping duties on that importer’s that will provide information needed by After analyzing the submissions on entries of subject merchandise. The reserve management and coastal this topic, filed by Ekinciler, Colakoglu, Department will issue appropriate management decision-makers, and and the petitioners, we have assessment instructions directly to CBP improve public awareness and determined, in accordance with 19 CFR within 15 days of publication of these understanding of estuarine ecosystems 351.224(e), that we made a ministerial amended final results of review. and estuarine management issues (15 error in our calculations performed for Furthermore, the following deposit CFR 921.50). The amount of each the final results for only one of the two requirements will be effective upon fellowship is $30,000; at least 30% of respondents (i.e., Ekinciler). publication of these amended final total project cost match is required by Specifically, we intended to calculate results of the administrative review for the applicant (i.e. $12,858 match for general and administrative (G&A) shipments of the subject merchandise $30,000 in federal funds for a total expenses and financial expenses by: 1) entered, or withdrawn from warehouse, project cost of $42,858). Minority determining the appropriate ratios; and for consumption on or after the students are encouraged to apply. For 2) applying them to the total cost of publication date of these amended final detailed descriptions of the reserves and manufacturing originally reported by results of administrative review, as to view the full funding opportunity, Ekinciler. However, we inadvertently provided by section 751(a) of the Act: refer to the NERRS Web site at http:// included certain unrecognized (1) for subject merchandise exported by www.nerrs.noaa.gov or contact the depreciation expenses in the total costs Ekinciler the cash deposit rate will be program staff listed in this to which the ratios were applied, 3.16 percent; (2) for Colakolgu the cash announcement. thereby overstating the G&A and deposit rate will remain as established financial expenses. Correcting this error in the Final Results. These deposit DATES: Applicants should submit resulted in a revised margin for requirements shall remain in effect until application materials through http:// Ekinciler. For a detailed discussion of publication of the final results of the www.Grants.gov no later than 11 p.m. the ministerial error noted above, the next administrative review. (EST) on February 1, 2007. remaining ministerial error allegations, We are issuing and publishing this ADDRESSES: The full funding and the Department’s analysis, see the determination and notice in accordance announcement is available via the December 12, 2006, memorandum to with sections 751(a)(1) and 777(i)(1) of grants.gov Web site at http:// James Maeder, Director, Office 2, from the Act. www.grants.gov; via the NERRS Web the Team entitled ‘‘Ministerial Error site at http://www.nerrs.noaa.gov/ Allegations in the Final Results of the Dated: December 12, 2006. fellowship; or by contacting the program Antidumping Duty Administrative David M. Spooner, officials identified below. Applicants Review on Steel Concrete Reinforcing Assistant Secretary for Import must comply with all requirements Bars from Turkey.’’ Administration. contained in the full funding [FR Doc. E6–21520 Filed 12–15–06; 8:45 am] opportunity announcement. Amended Final Results of Review BILLING CODE 3510–DS–S Applications preferably should be After analyzing all interested parties’ submitted electronically at http:// comments and rebuttal comments, we www.grants.gov. If a paper application is have determined, in accordance with DEPARTMENT OF COMMERCE submitted, one original and 4 copies may be submitted to Attn: Erica Seiden, section 751(h) of the Act and 19 CFR National Oceanic and Atmospheric NOAA’s Estuarine Reserves Division, 351.224(e), that the Department has Administration made a ministerial error in the final 1305 East-West Highway, N/ORM5, results calculation for Ekinciler in this SSMC4, Station 10542, Silver Spring, administrative review. Therefore, we are [Docket Number: 061208325–6325–01] MD 20910 and received by 11 p.m. (EST) on February 1, 2007. Any amending the final results of Announcement of Funding proposals received outside of the above administrative review of rebar from Opportunity for Social Science requirements will be sent back to the Turkey for the period April 1, 2004, Fellowships in the National Estuarine applicant without review. through March 31, 2005. As a result of Research Reserve System correcting the ministerial error FOR FURTHER INFORMATION CONTACT: discussed above, Ekinciler’s weighted– AGENCY: Estuarine Reserves Division Erica Seiden, ERD, at 301–563–1172 or average dumping margin decreased from (ERD), Office of Ocean and Coastal via the Internet at 8.59 to 3.16 percent. For the remaining Resource Management (OCRM), [email protected]; or Patricia respondents, the weighted–average National Ocean Service (NOS), National Delgado, ERD, at 301–563–1147 or via dumping margins remain the same. See Oceanic and Atmospheric the Internet at Final Results. Administration (NOAA), Commerce. [email protected].

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SUPPLEMENTARY INFORMATION: management (e.g., collaborative qualified graduate students for research decision-making; motivations or focused on a reserve(s) leading to a Summary Description preferences for resource uses or graduate degree. The National Estuarine Research management practices; ways in which Cost Sharing Requirements Reserve System (NERRS) consists of people affect or are affected by natural estuarine areas of the United States and resource management decisions; Requested federal funds must be its territories which are designated and cultural history); Landscape or seascape matched by at least 30 percent of the managed for research and educational change (e.g., current or potential effects TOTAL cost, not the Federal share, of purposes. Each reserve within the on or threats to the traits, patterns, or the project (i.e. $12,858 match for system is chosen to reflect regional structure of a specific geographic area of $30,000 in federal funds for a total differences and to include a variety of the terrestrial or aquatic environment, project cost of $42,858). Requested ecosystem types in accordance with the including its biological, physical, and overhead costs under fellowship awards classification scheme of the national anthropogenic attributes; population are limited to 10% of the federal program as presented in 15 CFR 921. and demographic change; coastal amount. Waived institutional overhead Each reserve supports a wide range of urbanization and habitat fragmentation); costs may be used as match. beneficial uses of ecological, economic, or Climate variability and change (e.g., Intergovernmental Review recreational, and aesthetic values which sea level rise; extreme weather events; are dependent upon the maintenance of seasonal or interannual climate Applications under this program are a healthy ecosystem. The sites provide fluctuations; effects on water resources, subject to Executive Order 12372, habitats for a wide range of ecologically living marine resources, agricultural ‘‘Intergovernmental Review of Federal and commercially important species of productivity, delivery of ecosystem Programs.’’ fish, shellfish, birds, and other aquatic services, or public health and safety). and terrestrial wildlife. Each reserve has Proposal Review and Selection Process Funding Availability been designed to ensure its effectiveness Once a full proposal has been as a conservation unit and as a site for Funding is dependent upon FY2007 received by NOAA an initial long-term research and monitoring. As appropriations. NOAA’s Estuarine administrative review is conducted to part of a national system, the reserves Reserves Division anticipates that 5 determine compliance with collectively provide an excellent fellowships will be competitively requirements and completeness of the opportunity to address research awarded to provide funding to qualified application. All proposals will be questions and estuarine management graduate students whose research evaluated for scientific merit by no less issues of national significance. NOAA’s applies to the research focus areas above than three reviewers from the scientific Estuarine Reserves Division, in at the reserves specified in the full community. If any of these three collaboration with NOAA’s Coastal funding opportunity. Minority students reviewers are non-Federal employees, Services Center and Office of Oceanic are encouraged to apply. The amount of consensus advice regarding the and Atmospheric Research, Climate the fellowship is $30,000 for 18 months; proposals will not be given. The Program Office, are offering fellowships at least 30% of total project cost match for masters and doctoral students to Estuarine Reserve Division, in is required by the applicant (i.e. $12,858 collaboration with NOAA’s Coastal conduct social science research within match for $30,000 in federal funds for the National Estuarine Research Reserve Services Center and Office of Oceanic a total project cost of $42,858). At least and Atmospheric Research, will oversee System. For detailed descriptions of the one fellowship will be awarded for a reserves and to view the full funding the review process. Efforts are taken to proposal addressing climate variability opportunity, refer to the NERRS Web ensure that conflicts of interest are and change. site at http://www.nerrs.noaa.gov or avoided. It is permissible for applicants contact the program staff listed in this Statutory Authority: 16 U.S.C. 1461 to suggest those people whom they feel would have a conflict of interest and announcement. CFDA: 11.420, National Estuarine therefore not appropriate to review their Funds will be provided to support Research Reserve Program. social science research projects that will proposal. The merit reviewer’s ratings provide information needed by reserve Eligibility are used to produce a rank order of the management and coastal management Applicants must be admitted to or proposals. The Selecting Official shall decision-makers, and improve public enrolled in a full-time masters or award in the rank order unless the awareness and understanding of doctoral program at a U.S. accredited proposal is justified to be selected out estuarine ecosystems and estuarine university in order to be eligible to of rank order based upon one of the management issues 15 CFR 921.50. All apply. Applicants should have selection factors identified below. The projects must be focused on a National completed a majority of their graduate Selecting Official makes final Estuarine Research Reserve. Proposals course work at the beginning of their recommendations for award to the submitted in response to this fellowship and have an approved thesis Grants Officer who is authorized to announcement should address social, research program. obligate the funds and execute awards. cultural, economic, or policy aspects Grants are normally distributed to the Evaluation Criteria related to one of the following topics: graduate student’s institution. Community resilience (e.g., individual Institutions eligible to receive awards Applicants do not need to address and community vulnerability; include institutions of higher education, Evaluation Criteria Nos. 4 and 5 in order resistance, response, and adaptability to other non-profits, commercial to have a full proposal. continuous or episodic natural and organizations, international 1. Academic record and statement of anthropogenic stressors; risk organizations, as well as state, local and career goals and objectives of student perception); Ecological restoration (e.g., Indian tribal governments. All reserve (10 percent) human behaviors; advocacy and staff are ineligible to submit an 2. Quality of project and applicability volunteerism; responses to social and application for a fellowship under this to program priorities (80 percent) ecological change; personal and societal announcement. Funds are expected to 3. Recommendations and/or value orientations); Ecosystem-based be available on a competitive basis to endorsements of student (10 percent)

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4. Additional relevant experience (0 and implementing feasible measures to not required pursuant to 5 U.S.C. 553 or percent) reduce or avoid any identified adverse any other law, the analytical 5. Financial need of student (0 environmental impacts of their requirements of the Regulatory percent) proposal. The failure to do so shall be Flexibility Act (5 U.S.C. 601 et seq.) are grounds for the denial of an application. inapplicable. Therefore, a regulatory Selection Factors for Fellowship/ flexibility analysis has not been Scholarships/Internships Pre-Award Notification Requirements prepared. 1. Balance/Distribution of funds: for Grants and Cooperative Agreements Dated: December 12, 2006. a. Academic disciplines The Department of Commerce Pre- David M. Kennedy, b. Types of institutions Award Notification Requirements for c. Geography Grants and Cooperative Agreements Director, Office of Ocean and Coastal Resource Management, National Ocean 2. Availability of funds contained in the Federal Register notice 3. Program-specific objectives—These Service, National Oceanic and Atmospheric of December 30, 2004 (69 FR 78389) are Administration. are found in the Full Funding applicable to this solicitation. Opportunity Announcement in sections [FR Doc. E6–21450 Filed 12–15–06; 8:45 am] I.A and B. Limitation of Liability BILLING CODE 3510–08–P 4. Degree in scientific area and type In no event will NOAA or the of degree sought Department of Commerce be responsible DEPARTMENT OF COMMERCE Further details on evaluation and for proposal preparation costs if this selection criteria and procedures initiative fails to receive funding or is National Oceanic and Atmospheric applicable to this notice can be found in cancelled because of other agency Administration the full funding opportunity priorities. Publication of this announcement available through http:// announcement does not oblige NOAA to [I.D. 112206A] www.grants.gov and on the NERRS Web award any specific project or to obligate Schedules for Atlantic Shark site http://www.nerrs.noaa.gov/ any available funds. Recipients and sub- fellowship. Identification Workshops and recipients are subject to all Federal Protected Species Safe Handling, National Environmental Policy Act laws, agency policies, regulations and Release, and Identification Workshops procedures applicable to Federal NOAA must analyze the potential financial assistance awards. AGENCY: National Marine Fisheries environmental impacts, as required by Service (NMFS), National Oceanic and the National Environmental Policy Act Paperwork Reduction Act Atmospheric Administration (NOAA), (NEPA), for applicant projects or This notification involves collection- Commerce. proposals which are seeking NOAA of-information requirements subject to ACTION: Notice. federal funding opportunities. Detailed the Paperwork Reduction Act. The use information on NOAA compliance with of Standard Forms 424, 424A, 424B, and SUMMARY: NMFS announces Atlantic NEPA can be found at the following SF–LLL and CD–346 has been approved Shark Identification Workshops and NOAA NEPA Web site: http:// by the Office of Management and Protected Species Safe Handling, www.nepa.noaa.gov/, including our Budget (OMB) under OMB control Release, and Identification Workshops NOAA Administrative Order 216–6 for numbers 0348–0043, 0348–0044, 0348– to be held in January, February, and NEPA, http://www.nepa.noaa.gov/ 0040, 0348–0046 and 0605–0001 March of 2007. Additional workshops _ _ NAO216 6 TOC.pdf, and the Council respectively. Notwithstanding any other will be held throughout 2007 and will on Environmental Quality provision of law, no person is required be scheduled at a later date. implementation regulations, http:// to respond to, nor shall any person be The Atlantic Shark Identification ceq.eh.doe.gov/nepa/regs/ceq/ subject to a penalty for failure to comply Workshops are mandatory for all _ toc ceq.htm. with, a collection of information subject federally permitted Atlantic shark Consequently, as part of an to the requirements of the PRA unless dealers. As of December 31, 2007, an applicant’s package, and under their that collection of information displays a Atlantic shark dealer may not receive, description of their program activities, currently valid OMB control number. purchase, trade, or barter for Atlantic applicants are required to provide shark unless a valid Atlantic Shark detailed information on the activities to Executive Order 12866 Identification Workshop certificate is on be conducted, locations, sites, species It has been determined that this notice the premises of each business listed and habitat to be affected, possible is not significant for purposes of under the shark dealer permit. construction activities, and any Executive Order 12866. Additionally, after December 31, 2007, environmental concerns that may exist Atlantic shark dealers may not renew a (e.g., the use and disposal of hazardous Executive Order 13132 (Federalism) Federal shark dealer permit unless a or toxic chemicals, introduction of non- It has been determined that this notice valid Atlantic Shark Identification indigenous species, impacts to does not contain policies with Workshop certificate has been endangered and threatened species, Federalism implications as that term is submitted with the permit renewal aquaculture projects, and impacts to defined in Executive Order 13132. application. Atlantic Shark coral reef systems). Identification Workshops will be held Administrative Procedure Act/ In addition to providing specific throughout 2007, at no charge to the Regulatory Flexibility Act information that will serve as the basis participant. for any required impact analyses, Prior notice and an opportunity for The Protected Species Safe Handling, applicants may also be requested to public comment are not required by the Release, and Identification Workshops assist NOAA in drafting of an Administrative Procedure Act or any are mandatory for vessel owners and environmental assessment, if NOAA other law for rules concerning public operators who use bottom longline, determines an assessment is required. property, loans, grants, benefits, and pelagic longline, or gillnet gear, and Applicants will also be required to contracts (5 U.S.C. 553(a)(2)). Because have also been issued shark or cooperate with NOAA in identifying notice and opportunity for comment are swordfish limited access permits. Vessel

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owners and operators whose permits a Federal shark dealer permit unless a Protected Species Safe Handling, expire in January, February, or March valid Atlantic Shark Identification Release, and Identification Workshops 2007 must attend one of these free Workshop certificate has been 1. January 8, 2007 from 9 a.m. - 5 p.m. workshops in order to renew their submitted with the permit renewal permit. Hampton Inn Coconut Grove, 2800 SW application. 28th Terrace, Coconut Grove, FL 33133. DATES: The Atlantic Shark Identification Protected Species Safe Handling, 2. January 12, 2007 from 9 a.m. - 5 Workshops will be held on January 26, Release, and Identification Workshops p.m. Town & Country Inn & Conference February 22, and March 16, 2007. Center, 2008 Savannah Highway, The Protected Species Safe Handling, Effective January 1, 2007, shark Release, and Identification Workshops Charleston, SC 29407. limited access and swordfish limited 3. January 24, 2007 from 9 a.m. - 5 will be held on January 8, 12, and 24, access permit holders must submit a February 1, 22, and 27, and on March p.m. Hotel Providence, 311 Westminster copy of their Protected Species Safe 7, 15, and 21, 2007. See SUPPLEMENTARY Street, Providence, RI 02903. Handling, Release, and Identification INFORMATION for further details. 4. February 1, 2007 from 9 a.m. - 5 Workshop certificate in order to renew ADDRESSES: The Atlantic Shark p.m. Hampton Inn & Suites, 1985 either permit. As such, vessel owners Identification Workshops will be held in Reynolds Drive, Ft. Pierce, FL 34945. whose permits expire in early 2007 Madeira Beach, FL; Dania Beach, FL; 5. February 22, 2007 from 9 a.m. - 5 and Manahawkin, NJ. must attend one of the free workshops p.m. Hampton Inn, 8620 Airport Blvd., The Protected Species Safe Handling, offered in January, February, or March Houston, TX 77061. 2007. New shark and swordfish limited Release, and Identification Workshops 6. February 27, 2007 from 9 a.m. - 5 will be held in Coconut Grove, FL; access permit applicants must attend a p.m. Hilton Garden Inn, 1101 U.S. Charleston, SC; Providence, RI; Ft. Protected Species Safe Handling, Highway 231, Panama City, FL 32405. Release, and Identification Workshop Pierce, FL; Houston, TX; Panama City, 7. March 7, 2007 from 9 a.m. - 5 p.m. FL; Dedham, MA; St. Petersburg, FL; and must submit a copy of their Holiday Inn, Dedham, 55 Ariadne Road, and Ronkonkoma, NY. See workshop certificate before such Dedham, MA 02026. SUPPLEMENTARY INFORMATION for further permits will be issued. 8. March 15, 2007 from 9 a.m. - 5 p.m. details on workshop locations. In addition to owners, all longline and Hilton, St. Petersburg Bayfront, 333 First FOR FURTHER INFORMATION CONTACT: For gillnet vessel operators fishing with a Street South, St. Petersburg, FL 33701. further information regarding workshop limited access swordfish or limited 9. March 21, 2007 from 9 a.m. - 5 p.m. requirements, contact Greg Fairclough access shark permit are required to Hilton Garden Inn, Islip MacArthur by phone:(727) 824–5399, or by fax: attend the Protected Species Safe Airport, 3485 Veterans Memorial (727) 824–5398. Handling, Release, and Identification Highway, Ronkonkoma, NY 11779. SUPPLEMENTARY INFORMATION: On Workshops. Vessels that have been October 2, 2006, NMFS published a issued a limited access swordfish or Registration final rule (71 FR 58057) that, among limited access shark permit may not fish The workshop schedules, registration other things, requires certain dealers unless both the vessel owner and information, and a list of frequently and fishermen to attend mandatory operator have valid workshop asked questions regarding these workshops prior to renewing their certificates. Vessel operators must workshops are posted on the internet at: permits. possess on board the vessel valid http://www.nmfs.noaa.gov/sfa/hms/ Shark Identification Workshops for workshop certificates for both the vessel workshops/. Dealers owner and the operator at all times. To register for a scheduled Atlantic Shark Identification Workshop, please Effective December 31, 2007, an Workshop Dates, Times, and Locations Atlantic shark dealer may not receive, contact Eric Sander by email at purchase, trade, or barter for Atlantic Additional workshops will be [email protected] or by phone at shark unless a valid Atlantic Shark scheduled throughout the year. (386) 852–8588. Identification workshop certificate is on Fishermen should try to go to To register for a scheduled Protected the premises of each business listed workshops that are close to the Species Safe Handling, Release, and under the shark dealer permit. Dealers expiration date of their permit. Identification Workshop, please contact who attend and successfully complete a Aquatic Release Conservation ((877) workshop will be issued a certificate for Atlantic Shark Identification Workshops 411–4272), 1870 Mason Ave., Daytona each place of business that is permitted Beach, FL 32117. to receive sharks. Dealers may send a 1. January 26, 2007 from 9 a.m. - 3 Grandfathered Permit Holders proxy to a Atlantic Shark Identification p.m. Madeira Beach Town Hall, 300 Workshop, however, if a dealer opts to Municipal Drive, Madeira Beach, FL Participants in the industry-sponsored send a proxy, the dealer must designate 33708. workshops on safe handling and release a proxy for each place of business 2. February 22, 2007 from 9 a.m. - 3 of sea turtles that were held in Orlando, covered by the dealer’s permit. Only one p.m. Nova Southeastern University FL (April 8, 2005) and in New Orleans, certificate will be issued to each proxy. Oceanographic Center, 8000 North LA (June 27, 2005) will be issued a A proxy must be a person who: is Ocean Drive, Dania Beach, FL 33004. workshop certificate in December 2006 currently employed by a place of The Park entrance fee will be waived for that will be valid for three years. business listed on the dealer’s permit; is participants attending the workshop at Grandfathered permit holders must a primary participant in the the university. include a copy of this certificate when identification, weighing, and/or first renewing limited access shark and receipt of fish as they are offloaded from 3. March 16, 2007 from 9 a.m. - 3 p.m. limited access swordfish permits each a vessel; and fills out dealer reports. Ocean County Library (Stafford Branch), year. Failure to provide a valid Additionally, after December 31, 2007, 129 North Main Street, Manahawkin, NJ workshop certificate may result in a an Atlantic shark dealer may not renew 08050. permit denial.

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Registration Materials workshops is to provide participants the will be limited to a total time of five (5) To ensure that workshop certificates skills needed to reduce the mortality of minutes. Written comments (at least 35 are linked to the correct permits, protected species, which may prevent copies) should be received by the participants will need to bring the additional regulations on these fisheries CPDC—S&A 3.3 Designated Federal following items with them to the in the future. Official (DFO) by January 2, 2007 to workshop: Authority: 16 U.S.C. 971 et seq. and 1801 provide sufficient time for review. et seq. Written comments received after Atlantic Shark Identification Workshop Dated: December 12, 2006. January 2 will be distributed to the CPDC—S&A 3.3, but may not be Atlantic shark dealer permit holders Alan D. Risenhoover must bring proof that the individual is reviewed prior to the meeting date. Director, Office of Sustainable Fisheries, Seats will be available to the public on an agent of the business (such as articles National Marine Fisheries Service. of incorporation), a copy of the a first-come, first-served basis. [FR Doc. 06–9755 Filed 12–13–06; 3:25 pm] applicable permit, and proof of Matters to be Considered: The identification. BILLING CODE 3510–22–S meeting will (1) work on written Atlantic shark dealer proxies must material for inclusion in an initial draft bring documentation from the shark DEPARTMENT OF COMMERCE document; (2) finalize plans for dealer acknowledging that the proxy is completion and submission of the First attending the workshop on behalf of the National Oceanic and Atmospheric Draft of Synthesis and Assessment Atlantic shark dealer, a copy of the Administration Product 3.3 to the National Research appropriate permit, and proof of Council for expert review. identification. Meeting: Climate Change Science FOR FURTHER INFORMATION CONTACT: Dr. Program (CCSP) Product Development Protected Species Safe Handling, Christopher D. Miller, CPDC—S&A 3.3 Committee (CPDC) for Synthesis and Release, and Identification Workshop DFO and the Program Manager, NOAA/ Assessment Product 3.3 Individual vessel owners must bring a OAR/Climate Program Office, Climate copy of the appropriate permit(s), a AGENCY: Office of Oceanic and Change Data and Detection Program copy of the vessel registration or Atmospheric Research (OAR), National Element, 1315 East-West Highway, documentation, and proof of Oceanic and Atmospheric Room 12239, Silver Spring, Maryland identification. Administration (NOAA), Department of 20910; telephone 301–734–1241, e-mail: Representatives of a business owned Commerce (DOC). [email protected]. or co-owned vessel must bring proof ACTION: Notice of open meeting. Dated: December 12, 2006. that the individual is an agent of the Mark E. Brown, SUMMARY: The Climate Change Science business (such as articles of Chief Financial Officer, Office of Oceanic and incorporation), a copy of the applicable Program (CCSP) Product Development Committee for Synthesis and Atmospheric Research, National Oceanic and permit(s), and proof of identification. Atmospheric Administration. Assessment Product 3.3 (CPDC–S&A Vessel operators must bring proof of [FR Doc. 06–9733 Filed 12–15–06; 8:45 am] identification. 3.3) was established by a Decision Memorandum dated October 17, 2006. BILLING CODE 3510–KB–P Workshop Objectives CPDC–S&A 3.3 is the Federal Advisory Committee charged with responsibility The Atlantic Shark Identification DEPARTMENT OF COMMERCE Workshops are designed to reduce the to develop a draft Synthesis and number of unknown and improperly Assessment Product that addresses National Oceanic and Atmospheric identified sharks reported in the dealer CCSP Topic 3.3: ‘‘Weather and Climate Administration reporting form and increase the Extremes in a Changing Climate’’. accuracy of species-specific dealer- Place: The meeting will be held at the Climate Change Science Program reported information. Reducing the Chicago O’Hare Airport Hilton Hotel, (CCSP) Product Development number of unknown and improperly Chicago, Illinois, 60666. Committee (CPDC) for Synthesis and identified sharks will improve quota TIME AND DATE: The meeting will Assessment Product 5.3 monitoring and the data used in stock convene at 7:30 a.m. on Tuesday, assessments. These workshops will train January 9, 2007 and adjourn at 4:30 p.m. AGENCY: Office of Oceanic and shark dealer permit holders or their the same day. Meeting information will Atmospheric Research (OAR), National proxies to properly identify Atlantic be available online on the CPDC–S&A Oceanic and Atmospheric shark carcasses. 3.3 Web site (http:// Administration (NOAA), Department of The Protected Species Safe Handling, www.climate.noaa.gov/index.jsp?pg=./ Commerce (DOC). Release, and Identification Workshops ccsp/33.jsp). Please note that meeting ACTION: Notice of open meeting. are designed to teach longline and location, times, and agenda topics gillnet fishermen the required described below are subject to change. SUMMARY: The Climate Change Science techniques for the safe handling and Status: The meeting will be open to Program (CCSP) Product Development release of entangled and/or hooked public participation and will include a Committee for Synthesis and protected species, such as sea turtles, 30-minute public comment period on Assessment Product 5.3 (CPDC—S&A marine mammals, and smalltooth January 9 from 7:30 a.m. to 8 a.m. 5.3) was established by Charter on sawfish. Identification of protected (check Web site to confirm this time and October 12, 2006. CPDC—S&A 5.3 is the species will also be taught at these the room in which the meeting will be Federal Advisory Committee charged workshops in an effort to improve held). The CPDC—S&A 3.3 expects that with responsibility to develop a draft reporting. Additionally, individuals public statements presented at its Synthesis and Assessment Product that attending these workshops will gain a meetings will not be repetitive of addresses CCSP Topic 5.3: ‘‘Decision- better understanding of the previously submitted verbal or written Support Experiments and Evaluations requirements for participating in these statements. In general, each individual Using Seasonal to Interannual Forecasts fisheries. The overall goal for these or group making a verbal presentation and Observational Data’’.

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TIME AND DATE: The meeting will be held Dated: December 12, 2006. SUPPLEMENTARY INFORMATION: The CCSP Monday, January 8, 2007—Wednesday, Mark E. Brown, was established by the President in 2002 January 10, 2007. This time and the Chief Financial Officer, Office of Oceanic and to coordinate and integrate scientific agenda topics described below are Atmospheric Research, National Oceanic and research on global change and climate subject to change. Refer to the Web page Atmospheric Administration. change sponsored by 13 participating http://www.climate.noaa.gov/ [FR Doc. 06–9734 Filed 12–15–06; 8:45 am] departments and agencies of the U.S. index.jsp?pg=./ccsp/53.jsp for the most BILLING CODE 3510–KB–P Government. The CCSP is charged with up-to-date meeting agenda. preparing information resources that support climate-related discussions and Place: The meeting will be held at the DEPARTMENT OF COMMERCE decisions, including scientific synthesis Latham Hotel, 3000 M Street, NW., and assessment analyses that support Washington, DC 20007. Please contact National Oceanic and Atmospheric evaluation of important policy issues. Dr. Nancy Beller-Simms for further Administration The Report addressed by this notice information (contact information [I.D. 120106A] provides a topical overview and follows). describes plans for scoping, drafting, Status: The meeting will be open to U.S. Climate Change Science Program reviewing, producing, and public participation with a public Synthesis and Assessment Product disseminating one of 21 final synthesis comment period on January 9, at 9 a.m. Draft Report 4.5 and assessment Products that will be produced by the CCSP. (times are dependent on number of AGENCY: National Oceanic and participants, check Web site to confirm Atmospheric Administration Dated: December 6, 2006. this time). In general, each individual or (NOAA),Department of Commerce. William J. Brennan, group making a verbal presentation will ACTION: Notice of availability and Deputy Assistant Secretary of Commerce for be limited to a total time of five (5) request for public comments. International Affairs, and Acting Director, minutes. Written comments (at least 35 Climate Change Science Program. copies) should be received by the SUMMARY: The National Oceanic and [FR Doc. E6–21446 Filed 12–15–06; 8:45 am] CPDC—S&A 5.3 Designated Federal Atmospheric Administration publishes BILLING CODE 3510–12–S Official by December 27, 2006 to this notice to announce the availability provide sufficient time for review. of the draft Report for one of the U.S. Climate Change Science Program (CCSP) Written comments received after that DEPARTMENT OF DEFENSE date will be distributed to the CPDC— Synthesis and Assessment Products for public comment. This draft Report S&A 5.3, but may not be reviewed prior Office of the Secretary addresses the following CCSP Topic: to the meeting date. Product 4.5 Effects of Climate Change [Transmittal No. 07–01] Matters to be Considered: The on Energy Production and Use in the meeting will include, but not be limited United States 36(b)(1) Arms Sales Notification to, the following topics: (1) Decision- After consideration of comments AGENCY: Department of Defense, Defense received on the draft Report, the final support experiments within the water Security Cooperation Agency. resource management sector as Report along with the comments ACTION: Notice. described in the Product Prospectus; (2) received will be published on the CCSP web site. Discussion of procedures and a timeline SUMMARY: The Department of Defense is for completion of the first draft of the DATES: Comments must be received by publishing the unclassified text of a Synthesis and Assessment Product 5.3; February 1, 2007. section 36(b)(1) arms sales notification. and (3) Discussion of plans for ADDRESSES: The draft Report is posted This is published to fulfill the completion and submission of future on the CCSP Program Office web site. requirements of section 155 of Public drafts and procedures. The web addresses to access the draft Law 104–164 dated 21 July 1996. Report is: FOR FURTHER INFORMATION CONTACT: Ms. FOR FURTHER INFORMATION CONTACT: Dr. Product 4.5 (Energy Production) Brenda English, DSCA/DBO/CFM, (703) Nancy Beller-Simms, Designated http://www.climatescience.gov/Library/ 601–3740. Federal Official, CPDC—S&A 5.3 sap/sap4–5/default.php The following is a copy of a letter to (NOAA Climate Program Office, 1315 Detailed instructions for making the Speaker of the House of East West Highway, Room 12221, Silver comments on the draft Report is Representatives, Transmittal 07–01 with Spring, Maryland 20910. Phone: 301– provided with the Report. Comments should be prepared in accordance with attached transmittal, policy justification, 734–1205, Fax: 301–713–0518, E-mail: and Sensitivity of Technology. [email protected]) or visit these instructions. the Web site at http:// FOR FURTHER INFORMATION CONTACT: Dr. Dated: December 11, 2006. www.climate.noaa.gov/index.jsp?pg=./ Fabien Laurier, Climate Change Science C.R. Choate, ccsp/53.jsp. Program Office, 1717 Pennsylvania Alternate OSD Federal Register Liaison Avenue NW., Suite 250, Washington, Officer, Department of Defense. DC 20006, Telephone: (202) 419 3481. BILLING CODE 5001–06–M

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[FR Doc. 06–9742 Filed 12–15–06; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittal 07–02 with publishing the unclassified text of a attached transmittal, policy justification, DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. and Sensitivity of Technology. Office of the Secretary This is published to fulfill the Dated: December 11, 2006. requirements of section 155 of Public C.R. Choate, [Transmittal No. 07–02] Law 104–164 dated 21 July 1996. Alternate OSD Federal Register Liaison 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. Officer, Department of Defense. Brenda English, DSCA/DBO/CFM, (703) AGENCY: Department of Defense, Defense BILLING CODE 5001–06–M 601–3740. Security Cooperation Agency.

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[FR Doc. 06–9743 Filed 12–15–06; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittal 07–03 with publishing the unclassified text of a attached transmittal, policy justification, DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. and sensitivity of technology. Office of the Secretary This is published to fulfill the Dated: December 11, 2006. requirements of section 155 of Public C.R. Choate, [Transmittal No. 07–03] Law 104–164 dated 21 July 1996. Alternate OSD Federal Register Liaison 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. Officer, Department of Defense. Brenda English, DSCA/DBO/CFM, (703) AGENCY: Department of Defense, Defense BILLING CODE 5001–06–M 601–3740. Security Cooperation Agency.

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[FR Doc. 06–9744 Filed 12–15–06; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittal 07–07 with publishing the unclassified text of a attached transmittal, policy justification. DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. Dated: December 11, 2006. This is published to fulfill the Office of the Secretary C.R. Choate, requirements of section 155 of Public [Transmittal No. 07–07] Law 104–164 dated 21 July 1996. Alternate OSD Federal Register Liaison Officer, Department of Defense. 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. BILLING CODE 5001–06–M Brenda English, DSCA/DBO/CFM, (703) AGENCY: Department of Defense, Defense 601–3740. Security Cooperation Agency.

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[FR Doc. 06–9745 Filed 12–15–06; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittal 07–08 with publishing the unclassified text of a attached transmittal, policy justification, DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. sensitivity of technology, and section 620C(d). Office of the Secretary This is published to fulfill the requirements of section 155 of Public Dated: December 11, 2006. [Transmittal No. 07–08] Law 104–164 dated 21 July 1996. C.R. Choate, 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. Alternate OSD Federal Register Liaison Brenda English, DSCA/DBO/CFM, (703) Officer, Department of Defense. AGENCY: Department of Defense, Defense 601–3740. Security Cooperation Agency. BILLING CODE 5001–06–M

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[FR Doc. 06–9746 Filed 12–15–06; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittal 07–09 with publishing the unclassified text of a attached transmittal, policy justification. DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. Dated: December 11, 2006. This is published to fulfill the Office of the Secretary C.R. Choate, requirements of section 155 of Public [Transmittal No. 07–09] Law 104–164 dated 21 July 1996. Alternate OSD Federal Register Liaison Officer, Department of Defense. 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. BILLING CODE 5001–06–M Brenda English, DSCA/DBO/CFM, (703) AGENCY: Department of Defense, Defense 601–3740. Security Cooperation Agency.

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[FR Doc. 06–9747 Filed 12–15–06; 8:45 am] the public will be permitted only on Wednesday 3, January 2007 8:30 a.m.– BILLING CODE 5001–06–C Wednesday, 3 January 2007 from 4:30 5 p.m. p.m. to 5 p.m. before the full Committee. Welcome & Administrative Remarks. Presentations will be limited to two 2006 Report Review. DEPARTMENT OF DEFENSE minutes. Number of oral presentations Public Forum. to be made will depend on the number Office of the Secretary of requests received from members of Thursday 4, January 2007 8:30 a.m.–5 p.m. Meeting of the Defense Department the public. Each person desiring to Advisory Committee on Women in the make an oral presentation must provide Welcome & Administrative Remarks. Services (DACOWITS) the point of contact listed below with 2006 Report Review. one (1) copy of the presentation by 5 Friday 5, January 2007 8:30 a.m.–5 p.m. AGENCY: Department of Defense. p.m., 29 December 2006 and bring 35 ACTION: Notice. copies of any material that is intended Welcome & Administrative Remarks. for distribution at the meeting. Persons 2006 Report Review. SUMMARY: Pursuant to Section 10(a), submitting a written statement must Note: Exact order may vary. Public Law 92–463, as amended, notice submit 35 copies of the statement to the is hereby given of a forthcoming DACOWITS staff by 5 p.m. on 29 Dated: December 12, 2006. meeting of the Defense Department December 2006. L.M. Bynum, Advisory Committee on Women in the Alternate OSD Federal Register Liaison DATES: 3 January 2007 8:30 a.m.–5 p.m., Services (DACOWITS). The purpose of Officer, DoD. the Committee meeting is to introduce 4 January 2007, 8:30 a.m.–5 p.m., 5 January 2007, 8:30 a.m.–5 p.m. [FR Doc. 06–9741 Filed 12–15–06; 8:45 am] new members and conduct orientation BILLING CODE 5001–06–M training. The meeting is open to the Location: Double Tree Hotel Crystal public, subject to the availability of City National Airport, 300 Army Navy space. Drive, Arlington, VA 22202. DEPARTMENT OF EDUCATION Interested persons may submit a FOR FURTHER INFORMATION CONTACT: written statement for consideration by CPT Arnalda Magloire, USA, DACOWITS, Submission for OMB Review; the Committee and make an oral Comment Request presentation of such. Persons desiring to 4000 Defense Pentagon, Room 2C548A, make an oral presentation or submit a Washington, DC 20301–4000. AGENCY: Department of Education. Telephone (703) 697–2122. Fax (703) written statement to the Committee SUMMARY: The IC Clearance Official, must notify the point of contact listed 614–6233. Regulatory Information Management below no later than 5 p.m., 29 December SUPPLEMENTARY INFORMATION: Meeting Services, Office of Management invites 2006. Oral presentations by members of agenda. comments on the submission for OMB

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review as required by the Paperwork interventions in Even Start and impacts and Gas Co submit an erratum to their Reduction Act of 1995. on parent and child outcomes during joint triennial market power report. DATES: Interested persons are invited to the intervention period. The CLIO Filed Date: 12/06/2006. submit comments on or before January follow-up study will explore whether Accession Number: 20061207–0178. 17, 2007. effects from preschool are sustained Comment Date: 5 p.m. Eastern Time on Wednesday, December 27, 2006. ADDRESSES: Written comments should through the early school years. Docket Numbers: ER04–135–002. be addressed to the Office of Requests for copies of the information Applicants: Eurus Combine Hills 1 Information and Regulatory Affairs, collection submission for OMB review may be accessed from http:// LLC. Attention: Rachel Potter, Desk Officer, Description: Eurus Combine Hills 1 Department of Education, Office of edicsweb.ed.gov, by selecting the ‘‘Browse Pending Collections’’ link and LLC submits its Triennial Market Power Management and Budget, 725 17th Analysis, pursuant to FERC’s 12/4/03 Street, NW., Room 10222, New by clicking on link number 3215. When you access the information collection, Order. Executive Office Building, Washington, Filed Date: 12/07/2006. DC 20503 or faxed to (202) 395–6974. click on ‘‘Download Attachments’’ to view. Written requests for information Accession Number: 20061211–0152. SUPPLEMENTARY INFORMATION: Section should be addressed to U.S. Department Comment Date: 5 p.m. Eastern Time 3506 of the Paperwork Reduction Act of of Education, 400 Maryland Avenue, on Thursday, December 28, 2006. 1995 (44 U.S.C. Chapter 35) requires SW., Potomac Center, 9th Floor, Docket Numbers: ER06–1458–003. that the Office of Management and Washington, DC 20202–4700. Requests Applicants: Louisville Gas and Budget (OMB) provide interested may also be electronically mailed to Electric Company; Kentucky Utilities Federal agencies and the public an early [email protected] or faxed to 202– Company. opportunity to comment on information 245–6623. Please specify the complete Description: E.ON US, LLC on behalf collection requests. OMB may amend or title of the information collection when of Louisville Gas and Electric Co et al. waive the requirement for public making your request. submits a revised unexecuted Service consultation to the extent that public Comments regarding burden and/or Agreement for Network Integration participation in the approval process the collection activity requirements Transmission Service. would defeat the purpose of the should be electronically mailed to Filed Date: 12/07/2006. information collection, violate State or [email protected]. Individuals who Accession Number: 20061211–0153. Federal law, or substantially interfere use a telecommunications device for the Comment Date: 5 p.m. Eastern Time with any agency’s ability to perform its deaf (TDD) may call the Federal on Thursday, December 28, 2006. statutory obligations. The IC Clearance Information Relay Service (FIRS) at 1– Docket Numbers: ER07–42–001. Official, Regulatory Information 800–877–8339. Applicants: Atlantic Path 15, LLC. Management Services, Office of Description: Atlantic Path 15, LLC [FR Doc. E6–21466 Filed 12–15–06; 8:45 am] Management, publishes that notice submits revisions to its 10/6/06 filing. containing proposed information BILLING CODE 4000–01–P Filed Date: 12/06/2006. collection requests prior to submission Accession Number: 20061208–0195. of these requests to OMB. Each Comment Date: 5 p.m. Eastern Time proposed information collection, FEDERAL ENERGY REGULATORY on Wednesday, December 27, 2006. COMMISSION grouped by office, contains the Docket Numbers: ER07–48–001. following: (1) Type of review requested, Combined Notice Of Filings #1 Applicants: Verde Renewable Energy, e.g. new, revision, extension, existing or Inc. reinstatement; (2) Title; (3) Summary of December 11, 2006. Description: Verde Renewable Energy, the collection; (4) Description of the Take notice that the Commission Inc. submits supplemental testimony. need for, and proposed use of, the received the following electric corporate Filed Date: 12/05/2006. information; (5) Respondents and filings: Accession Number: 20061205–5002. frequency of collection; and (6) Comment Date: 5 p.m. Eastern Time Reporting and/or Recordkeeping Docket Numbers: EC07–33–000. Applicants: Madison Gas and Electric on Tuesday, December 26, 2006. burden. OMB invites public comment. Company; MGE Energy, Inc.; MGE Docket Numbers: ER07–129–001. Dated: December 12, 2006. Power LLC; MGE Power Elm Road LLC. Applicants: Atlantic Path 15, LLC. Angela C. Arrington, Description: Madison Gas and Electric Description: Atlantic Path 15, LLC IC Clearance Official, Regulatory Information Company, et al., submit an Application submits its answer to comments and Management Services, Office of Management. for approval of Intra-Company transfer protests of its 10/31/06 filing. Filed Date: 12/06/2006. Institute of Education Sciences of Jurisdictional Facilities under Section 203 of the Federal Power Act. Accession Number: 20061206–5046. Type of Review: Reinstatement. Filed Date: 12/07/2006. Comment Date: 5 p.m. Eastern Time Title: Follow Up to the Even Start Accession Number: 20061211–0002. on Wednesday, December 27, 2006. Classroom Literacy Interventions and Comment Date: 5 p.m. Eastern Time Docket Numbers: ER07–139–001. Outcomes Study. on Thursday, December 28, 2006. Applicants: Oklahoma Gas and Frequency: Annually. Take notice that the Commission Electric Company. Affected Public: Individuals or received the following electric rate Description: Oklahoma Gas and household; State, Local, or Tribal Gov’t, filings: Electric Co submits a supplement to its SEAs or LEAs. Docket Numbers: ER97–837–006; 11/1/06 filing and a clean version of its Reporting and Recordkeeping Hour ER99–3151–007. First Revised Rate Schedule 147. Burden: Applicants: PSEG Energy Resources & Filed Date: 12/05/2006. Responses: 4,015; Trade LLC; Public Service Electric and Accession Number: 20061207–0012. Burden Hours: 967. Gas Company. Comment Date: 5 p.m. Eastern Time Abstract: The original CLIO study Description: PSEG Energy Resources & on Tuesday, December 26, 2006. examined enhanced family literacy Trade LLC and Public Service Electric Docket Numbers: ER07–146–001.

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Applicants: Wabash Valley Power Description: Sierra Pacific Resources Applicants: CAM Energy LLC. Association, Inc. Operating Companies submits revisions Description: CAM Energy, LLC Description: Wabash Valley Power to the FERC Electric Tariff Third submits a Notice of Cancellation of Association, Inc. submits a Revised Volume 1 Open Access Market Based Rate Tariff of FERC supplemental affidavit and verification Transmission Tariff. Electric Rate Schedule 1, effective of Kari Dude Wetter. Filed Date: 12/06/2006. 12/31/06. Filed Date: 12/01/2006. Accession Number: 20061208–0194. Filed Date: 12/07/2006. Accession Number: 20061205–0004. Comment Date: 5 p.m. Eastern Time Accession Number: 20061211–0161. Comment Date: 5 p.m. Eastern Time on Wednesday, December 27, 2006. Comment Date: 5 p.m. Eastern Time on Friday, December 22, 2006. Docket Numbers: ER07–297–000. on Thursday, December 28, 2006. Docket Numbers: ER07–262–001. Applicants: American Electric Power Docket Numbers: ER07–303–000. Applicants: Central Vermont Public Service Corporation. Applicants: LMP Capital, LLC. Service Corporation. Description: AEP Texas North Description: LMP Capital, LLC Description: Central Vermont Public Company submits revisions to the submits notice of cancellation of Service Corp submits Page 2 to its 8/2/05 generation interconnection market-based rate tariff, Second Revised 11/30/06 filing of Transmission and agreement with FPL Energy Horse FERC Rate Schedule 1 etc, effective Interconnection Service Agreement that Hollow Wind, LP. 12/31/06. was inadvertently omitted. Filed Date: 12/07/2006. Filed Date: 12/07/2006. Filed Date: 12/04/2006. Accession Number: 20061211–0159. Accession Number: 20061211–0162. Accession Number: 20061211–0155. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Thursday, December 28, 2006. on Thursday, December 28, 2006. on Tuesday, December 26, 2006. Docket Numbers: ER07–298–000. Docket Numbers: ER07–304–000. Docket Numbers: ER07–292–000. Applicants: Pacific Gas and Electric Applicants: Southwest Power Pool, Applicants: Rockingham Power, Company. Inc. L.L.C. Description: Pacific Gas and Company Description: Southwest Power Pool Description: Rockingham Power, LLC submits a notice of cancellation of FERC submits an executed service agreement submits a notice of cancellation of its Rate Schedule 208, 211 and 226. for Network Integration Transmission FERC Electric Tariff, Original Volume 1. Filed Date: 12/07/2006. Service and an executed Network Filed Date: 12/05/2006. Accession Number: 20061211–0158. Operating Agreement with Oklahoma Accession Number: 20061207–0013. Comment Date: 5 p.m. Eastern Time Gas and Electric Company. Comment Date: 5 p.m. Eastern Time on Thursday, December 28, 2006. Filed Date: 12/07/2006. on Tuesday, December 26, 2006. Accession Number: 20061211–0163. Docket Numbers: ER07–299–000. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER07–293–000. Applicants: Pacific Gas and Electric on Thursday, December 28, 2006. Applicants: PJM Interconnection, Company. Docket Numbers: ER07–305–000. L.L.C. Description: Pacific Gas and Electric Applicants: Wabash Valley Power Description: PJM Interconnection LLC Co submits two executed agreements, Association, Inc. submits proposed revisions to its Open Interim Dual Fuel Agreement and Description: Wabash Valley Power Access Transmission Tariff. Interim Black Start Agreement with Association, Inc submits Amendments Filed Date: 12/05/2006. California Independent System Operator to its FERC Electric Tariff, Original Accession Number: 20061207–0011. Corp. Volume 1. Comment Date: 5 p.m. Eastern Time Filed Date: 12/07/2006. Filed Date: 12/07/2006. on Tuesday, December 26, 2006. Accession Number: 20061211–0157. Accession Number: 20061211–0165. Docket Numbers: ER07–294–000. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Applicants: PJM Interconnection, on Thursday, December 28, 2006. on Thursday, December 28, 2006. L.L.C. Docket Numbers: ER07–300–000. Take notice that the Commission Description: PJM Interconnection, Applicants: Central Connecticut received the following electric securities LLC submits revisions to the PJM Open Energy, LLC. filings: Access Transmission Tariff, FERC Description: Central Connecticut Docket Numbers: ES07–9–000. Electric Tariff, Sixth Revised Volume 1. Energy, LLC submits a petition for Applicants: MidAmerican Energy Filed Date: 12/05/2006. acceptance of Initial Rate Schedule, Company. Accession Number: 20061207–0010. Waivers and Blanket Authority Description: MidAmerican Energy Co Comment Date: 5 p.m. Eastern Time designated as Rate Schedule FERC 1. submits an application to issue on Tuesday, December 26, 2006. Filed Date: 12/07/2006. promissory notes and other evidence of Docket Numbers: ER07–295–000. Accession Number: 20061211–0156. unsecured short-term indebtednesss, Applicants: PJM Interconnection, Comment Date: 5 p.m. Eastern Time from time to time, in aggregate principal L.L.C. on Thursday, December 28, 2006. amount of up to $800 million. Description: PJM Interconnection LLC Docket Numbers: ER07–301–000. Filed Date: 11/29/2006. submits amendments to Schedule 12 of Applicants: Wildorado Wind, LLC. Accession Number: 20061211–0164. the Amended and Restated Operating Description: Wildorado Wind, LLC Comment Date: 5 p.m. Eastern Time Agreement to update the PJM Member submits a petition for order accepting on Wednesday, December 20, 2006. List to include new members etc. market-based rate schedule for filing Docket Numbers: ES07–10–000. Filed Date: 12/05/2006. and granting waivers and blanket Applicants: Kansas City Power & Accession Number: 20061207–0009. approvals. Light Company. Comment Date: 5 p.m. Eastern Time Filed Date: 12/07/2006. Description: Kansas City Power & on Tuesday, December 26, 2006. Accession Number: 20061211–0160. Light Co submits an application for Docket Numbers: ER07–296–000. Comment Date: 5 p.m. Eastern Time authorization, under section 204(A) to Applicants: Sierra Pacific Resources on Thursday, December 28, 2006. issue short-term debt in connection with Operating Companies. Docket Numbers: ER07–302–000. The Great Plains Energy Money Pool.

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Filed Date: 12/07/2006 ENVIRONMENTAL PROTECTION available for public viewing online at Accession Number: 20061207–5054. AGENCY http://www.regulations.gov, or in person viewing at the Enforcement and Comment Date: 5 p.m. Eastern Time [EPA–HQ–OECA–2006–0421; FRL–8258–2] Compliance Docket in the EPA Docket on Thursday, December 28, 2006. Agency Information Collection Center (EPA/DC), EPA West, Room Any person desiring to intervene or to Activities; Submission to OMB for 3334, 1301 Constitution Avenue, NW., protest in any of the above proceedings Review and Approval; Comment Washington, DC. The EPA Docket must file in accordance with Rules 211 Request; NESHAP for Mercury Cell Center Public Reading Room is open and 214 of the Commission’s Rules of Chlor-Alkali Plants (Renewal), EPA ICR from 8:30 a.m. to 4:30 p.m., Monday Practice and Procedure (18 CFR 385.211 Number 2046.03, OMB Control Number through Friday, excluding legal and 385.214) on or before 5 p.m. Eastern 2060–0542 holidays. The telephone number for the time on the specified comment date. It Reading Room is (202) 566–1744, and is not necessary to separately intervene AGENCY: Environmental Protection the telephone number for the again in a subdocket related to a Agency. Enforcement and Compliance Docket is compliance filing if you have previously ACTION: Notice. (202) 566–1927. intervened in the same docket. Protests Use EPA’s electronic docket and SUMMARY: In compliance with the will be considered by the Commission comment system at http:// Paperwork Reduction Act (44 U.S.C. in determining the appropriate action to www.regulations.gov, to submit or view 3501 et seq.), this document announces public comments, access the index be taken, but will not serve to make that an Information Collection Request listing of the contents of the docket, and protestants parties to the proceeding. (ICR) has been forwarded to the Office to access those documents in the docket Anyone filing a motion to intervene or of Management and Budget (OMB) for that are available electronically. Once in protest must serve a copy of that review and approval. This is a request the system, select ‘‘docket search,’’ then document on the Applicant. In reference to renew an existing approved key in the docket ID number identified to filings initiating a new proceeding, collection. The ICR which is abstracted above. Please note that EPA’s policy is interventions or protests submitted on below describes the nature of the that public comments, whether or before the comment deadline need collection and the estimated burden and submitted electronically or in paper, not be served on persons other than the cost. will be made available for public Applicant. DATES: Additional comments may be viewing at http://www.regulations.gov, The Commission encourages submitted on or before January 17, 2007. as EPA receives them and without electronic submission of protests and ADDRESSES: Submit your comments, change, unless the comment contains interventions in lieu of paper, using the referencing docket ID number EPA–HQ– copyrighted material, CBI, or other FERC Online links at http:// OECA–2006–0421, to (1) EPA online information whose public disclosure is www.ferc.gov. To facilitate electronic using http://www.regulations.gov (our restricted by statute. For further service, persons with Internet access preferred method), or by e-mail to information about the electronic docket, who will eFile a document and/or be [email protected], or by mail to: EPA go to www.regulations.gov. listed as a contact for an intervenor Title: NESHAP for Mercury Cell Docket Center (EPA/DC), Environmental must create and validate an Chlor-Alkali Plants (Renewal). Protection Agency, Enforcement and eRegistration account using the ICR Numbers: EPA ICR Number Compliance Docket and Information eRegistration link. Select the eFiling 2046.03, OMB Control Number 2060– Center, mail code 2201T, 1200 link to log on and submit the 0542. Pennsylvania Avenue, NW., intervention or protests. ICR Status: This ICR is scheduled to Washington, DC 20460, and (2) OMB at: expire on January 31, 2007. Under OMB Persons unable to file electronically Office of Information and Regulatory regulations, the Agency may continue to should submit an original and 14 copies Affairs, Office of Management and conduct or sponsor the collection of of the intervention or protest to the Budget (OMB), Attention: Desk Officer information while this submission is Federal Energy Regulatory Commission, for EPA, 725 17th Street, NW., pending at OMB. An Agency may not 888 First St., NE, Washington, DC Washington, DC 20503. conduct or sponsor, and a person is not 20426. FOR FURTHER INFORMATION CONTACT: required to respond to, a collection of The filings in the above proceedings Robert C. Marshall, Jr., Office of information unless it displays a are accessible in the Commission’s Compliance, 2223A, Environmental currently valid OMB control number. eLibrary system by clicking on the Protection Agency, 1200 Pennsylvania The OMB control numbers for EPA’s appropriate link in the above list. They Avenue, NW., Washington, DC 20460; regulations in title 40 of the CFR, after are also available for review in the telephone number: (202) 564–7021; fax appearing in the Federal Register when Commission’s Public Reference Room in number: (202) 564–0050; e-mail address: approved, are listed in 40 CFR part 9, Washington, DC. There is an [email protected]. and displayed either by publication in eSubscription link on the Web site that SUPPLEMENTARY INFORMATION: EPA has the Federal Register or by other enables subscribers to receive e-mail submitted the following ICR to OMB for appropriate means, such as on the notification when a document is added review and approval according to the related collection instrument or form, if to a subscribed docket(s). For assistance procedures prescribed in 5 CFR 1320.12. applicable. The display of OMB control with any FERC Online service, please e- On June 21, 2006 (71 FR 35652), EPA numbers in certain EPA regulations is mail [email protected] or sought comments on this ICR pursuant consolidated in 40 CFR part 9. call (866) 208–3676 (toll free). For TTY, to 5 CFR 1320.8(d). EPA received no Abstract: The National Emission call (202) 502–8659. comments. Any additional comments on Standards for Hazardous Air Pollutants this ICR should be submitted to EPA (NESHAP) for Mercury Emissions from Magalie R. Salas, and OMB within 30 days of this notice. Mercury Cell Chlor-Alkali plants were Secretary. EPA has established a public docket promulgated on December 19, 2003. [FR Doc. E6–21430 Filed 12–15–06; 8:45 am] for this ICR under docket ID number These standards apply to existing BILLING CODE 6717–01–P EPA–HQ–OECA–2006–0421, which is facilities and new facilities that are part

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of major source of hazardous air there are no program changes. However, review of any portion of the petition pollutant (HAP) emissions or a part of there are adjustments for an increase in which EPA denied in the United States an area source of HAP emissions. labor hours and a decrease in costs as Court of Appeals for the appropriate In general, all NESHAP standards compared to the currently ‘‘active’’ ICR. circuit. Any petition for review shall be require initial notifications, The adjustments result from the filed within 60 days from the date this performance tests, and periodic reports transition by the respondents from notice appears in the Federal Register, by the owners/operators of the affected initial compliance with the standard to pursuant to section 307 of the Act. facilities. They are also required to continuing compliance with the ADDRESSES: Copies of the final order, maintain records of the occurrence and standard. The respondents achieved petition, and other supporting duration of any startup, shutdown, or compliance over the past three years by information are available at the Office of malfunction in the operation of an conducting performance tests and Ecosystem Protection, U.S. affected facility, or any period during purchasing pollution monitors which Environmental Protection Agency, EPA which the monitoring system is resulted in a small number of labor New England Regional Office, One inoperative. These notifications, reports, hours, but a relatively high capital/ Congress Street, Suite 1100, Boston, and records are essential in determining startup cost. After achieving MA. EPA requests that if at all possible, compliance, and are required of all compliance, performance tests are not you contact the contact listed in the FOR affected facilities. required and capital/startup costs are FURTHER INFORMATION CONTACT section to Any owner/operator subject to the low because pollution monitors are a schedule your inspection. The Regional provisions of this part shall maintain a one-time, initial expense. However, the Office’s official hours of business are file of these measurements, and retain cost to maintain the monitors is Monday through Friday, 8:30 to 4:30 the file for at least five years following increased. The overall labor costs are excluding legal holidays. The final order the date of such measurements, higher because the pollution levels must is also available electronically at: maintenance reports and records. All be recorded and compliance reports sent http://www.epa.gov/region07/programs/ reports are sent to the delegated state or to the appropriate regulatory authority. artd/air/title5/petitiondb/ local authority. In the event that there Dated: December 8, 2006. petitiondb2003.htm. is no such delegated authority, the Richard T. Westlund, FOR FURTHER INFORMATION CONTACT: Ida reports are sent directly to the United Acting Director, Collection Strategies E. McDonnell, Air Permits, Toxics, and States Environmental Protection Agency Division. Indoor Programs Unit, U.S. (EPA) regional office. [FR Doc. E6–21501 Filed 12–15–06; 8:45 am] Environmental Protection Agency, EPA Burden Statement: The annual public BILLING CODE 6560–50–P New England Regional Office, One reporting and recordkeeping burden for Congress Street, Suite 1100 (CAP), this collection of information is Boston, MA 02114–2023, telephone estimated to average 809 hours per ENVIRONMENTAL PROTECTION number (617) 918–1653, fax number response. Burden means the total time, AGENCY (617) 918–0653, e-mail effort, or financial resources expended [email protected]. by persons to generate, maintain, retain, [A–1–FRL–8257–9] or disclose or provide information to or SUPPLEMENTARY INFORMATION: EPA Clean Air Act Operating Permit for a Federal agency. This includes the approves State and local permitting Program; Petition for Objection to time needed to review instructions; authorities to administer the operating State Operating Permit for Bio Energy develop, acquire, install, and utilize permit program set forth in title V of the in Hopkinton NH technology and systems for the purposes CAA, 42 U.S.C. 7661–7661f. New of collecting, validating, and verifying AGENCY: Environmental Protection Hampshire DES administers a fully information, processing and Agency (EPA). approved title V program. The Act affords EPA a 45-day period to review, maintaining information, and disclosing ACTION: Notice of final order on petition and object to as appropriate, operating and providing information; adjust the to object to a modification to a state permits proposed by State permitting existing ways to comply with any operating permit. previously applicable instructions and authorities. Section 505(b)(2) of the Act requirements which have subsequently SUMMARY: This notice announces that authorizes any person to petition the changed; train personnel to be able to the EPA Administrator has responded to EPA Administrator within 60 days after respond to a collection of information; a citizen petition requesting that EPA the expiration of this review period to search data sources; complete and object to a Clean Air Act (‘‘CAA’’ or ‘‘the object to state operating permits not in review the collection of information; Act’’) title V operating permit compliance with the CAA, if EPA has and transmit or otherwise disclose the modification issued by the New not already done so. Petitions must be information. Hampshire Department of based only on objections to the permit Respondents/Affected Entities: Environmental Services (‘‘New that were raised with reasonable Mercury cell chlor-alkali plants. Hampshire DES’’). Specifically, the specificity during the public comment Estimated Number of Respondents: 9. Administrator has granted in part and period provided by the State, unless the Frequency of Response: denied in part the petition submitted by petitioner demonstrates that it was Semiannually. the Residents Environmental Action impracticable to raise such issues Estimated Total Annual Hour Burden: Committee of Hopkinton, the during the comment period or the 14,558. Conservation Law Foundation, and the grounds for the issues arose after this Estimated Total Annual Cost: Physician Petitioners (collectively period. $1,351,382 which is comprised of zero referred to herein as ‘‘Petitioners’’) On October 21, 2003, the Petitioners annualized Capital Start Up costs, requesting that the Administrator object submitted a petition requesting that EPA $74,000 annualized Operating and to the permit modification issued to Bio object to the issuance of the modified Maintenance (O&M), and $1,277,382 Energy, LLC of Hopkinton, New title V permit pursuant to section annual Labor Costs. Hampshire. 505(b)(2) of the Act. The Petitioners Changes in the Estimates: The number Pursuant to section 505(b)(2) of the raised four broad objections to the of respondents has not changed and Act, the petitioner may seek judicial issuance of the modified permit:

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(1) NH DES failed to provide adequate EPA’s National Center for coordination of efforts with external notice of the proposed permit Environmental Economics home page at partners. The Ecological Benefits modification to the public; http://www.epa.gov/economics. Assessment Strategic Plan also describes (2) NH DES failed to perform adequate FOR FURTHER INFORMATION CONTACT: For mechanisms to facilitate adaptive air quality modeling analyses in its technical information, contact Dr. implementation of the strategic actions, assessment of the proposed permit Wayne R. Munns, Jr., U.S. EPA/ORD including periodic adjustments to modification; National Health and Environmental reflect advances in knowledge. A (3) The modified permit does not Effects Research Laboratory, telephone: primary audience for the Ecological contain requirements applicable to 401–782–3017; facsimile: 401–782– Benefits Assessment Strategic Plan is ‘‘incinerators’’ under the CAA and 9683; or e-mail: [email protected] the managers and analysts in EPA federal and state regulations; or Dr. Sabrina Lovell, U.S. EPA/OPEI Program Offices, and natural and social (4) The modified permit does not National Center for Environmental scientists across the Agency. contain state hazardous waste Economics, telephone: 202–566–2272; The Ecological Benefits Assessment management requirements. facsimile: 202–566–2339; or e-mail: ise- Strategic Plan was subjected to broad On October 27, 2006, the [email protected]. Agency review and external peer review Administrator issued an order partially by the Committee on Valuing the SUPPLEMENTARY INFORMATION: The granting and partially denying the Protection of Ecological Systems and Ecological Benefits Assessment Strategic petition. EPA grants the Petitioners’ Services of EPA’s Science Advisory Plan was developed to guide future request that EPA object to the issuance Board. The final plan reflects the research and institutional actions for of the modified permit for failure to comments of both internal and external improving ecological benefits provide adequate public notice of the review. proposed modification, and directs New assessments conducted by the Agency. The goal of an ecological benefits Dated: December 12, 2006. Hampshire DES to reissue the draft Nathalie B. Simon, modified permit for public comment. assessment is to estimate the benefits of an environmental policy, and when Acting Director, National Center for EPA denies the petition with respect to Environmental Economics. all other allegations. The order explains appropriate, estimate the value to [FR Doc. E6–21543 Filed 12–15–06; 8:45 am] EPA’s rationale for concluding that NH society in monetary terms. This DES must reopen the draft modified facilitates comparisons among policy BILLING CODE 6560–50–P permit for public comment. The order alternatives to support decision-making. also explains EPA’s rationale for In practice however, ecological benefits denying the Petitioners’ remaining are difficult to evaluate. Several factors PRIVACY AND CIVIL LIBERTIES claims. contribute to this challenge, including OVERSIGHT BOARD limited understanding of: (1) The Dated: December 8, 2006. linkages among policies, stressors, and Watch List Redress Request for Public Robert W. Varney, ecosystem services; (2) the linkages Comment Regional Administrator, EPA New England. within and between ecosystems; and (3) AGENCY: Privacy and Civil Liberties [FR Doc. E6–21528 Filed 12–15–06; 8:45 am] the linkages between ecological and Oversight Board, The White House. economic systems. EPA developed the BILLING CODE 6560–50–P ACTION: Request for public comment. Ecological Benefits Assessment Strategic Plan to improve our understanding of SUMMARY: The Privacy and Civil ENVIRONMENTAL PROTECTION these linkages. Liberties Oversight Board, established AGENCY The Ecological Benefits Assessment by the Intelligence Reform and [FRL–8252–7] Strategic Plan was authored by a cross- Terrorism Prevention Act of 2004 Agency workgroup under the general (Pub. L. 108–458, December 17, 2004), Ecological Benefits Assessment direction of a steering committee advises the President and other senior Strategic Plan representing offices involved with executive branch officials to ensure that ecological benefits assessment. The plan concerns about privacy and civil AGENCY: Environmental Protection describes the challenges currently faced liberties are appropriately considered in Agency (EPA). by EPA in conducting comprehensive the implementation of laws, regulations, ACTION: Notice of availability. and rigorous ecological benefits and executive branch policies related to assessments. It encourages a model of efforts to protect the Nation against SUMMARY: EPA is announcing the interdisciplinary participation in terrorism. This includes advising on availability of a document titled, benefits assessments and research, and whether adequate guidelines, ‘‘Ecological Benefits Assessment it promotes collaboration among supervision, and oversight exist to Strategic Plan’’ (EPA–240–R–06–001), economists, ecologists, and other protect the important legal rights of all which was prepared by several Offices natural and social scientists to facilitate Americans. within the Agency. The Ecological identification and characterization of Processes currently exist to redress Benefits Assessment Strategic Plan the important ecological benefits of errors and ameliorate false positives identifies and communicates key Agency actions. The Plan also identifies associated with the use of watch list research and institutional actions that strategic actions focusing on: data for aviation and other security will improve EPA’s ability to perform institutional arrangements that foster screening purposes. Efforts to address, assessments of the ecological benefits of interdisciplinary analyses and provide enhance, conform, and potentially its environmental policies and analysts with appropriate guidance and streamline these procedures are ongoing decisions. tools; interdisciplinary research that throughout the Federal Government, DATES: This document will be available directly supports ecological benefits and the Board is assisting relevant on or about December 18, 2006. assessments, including broad executive branch departments and ADDRESSES: The Ecological Benefits methodological development and agencies in those efforts. The Board Assessment Strategic Plan is available specific studies about resources, seeks any comments, suggestions or for downloading via the Internet on stressors, localities, and policies; and other information from members of the

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public who have knowledge on this organization to consolidate the Federal Authority: Pub. L. 108–408 Sec. 1061 et subject. Comments may be forwarded Government’s approach to terrorism seq. (Dec. 17, 2004). via the Board’s Web site at http:// screening and provide for the Dated: December 11, 2006. www.PrivacyBoard.gov. While there is appropriate and lawful use of terrorist Mark Robbins, no specific deadline for the submission, information in screening processes. Executive Director. the Board is interested in receiving Pursuant to this directive, the public comments soon. The Board is Secretaries of State, Defense, the [FR Doc. E6–21465 Filed 12–15–06; 8:45 am] unable to respond to individual Treasury, and Homeland Security along BILLING CODE 3195–W7–P comments and cannot assist individual with the Attorney General and the redress requests. Information gathered Director of Central Intelligence will be used solely to assist the Board established by a memorandum of in understanding the effects of policy understanding the Terrorist Screening FEDERAL COMMUNICATIONS and program operations on Americans’ Center (TSC). Under TSC’s supervision, COMMISSION civil liberties. the Terrorist Screening Database (TSDB) Sunshine Act Meeting; Open DATES: While there is no specific was created to compile the most deadline for the submission, the Board thorough, accurate and current Commission Meeting; Wednesday, is interested in receiving public information possible about individuals December 20, 2006 comments soon. known or suspected to be or to have December 13, 2006. ADDRESSES: Comments can be e-mailed been engaged in conduct advancing to: [email protected]. terrorism. This database consolidates The Federal Communications FOR FURTHER INFORMATION CONTACT: Seth the Federal Government’s terrorism Commission will hold an Open Meeting Wood, 202–456–1240. screening databases into a single on the subjects listed below on SUPPLEMENTARY INFORMATION: Homeland integrated database and provides for its Wednesday, December 20, 2006, which Security Presidential Directive 6, dated appropriate and lawful use in screening is scheduled to commence at in Room September 16, 2003, requires that the processes administered by Federal, TW–C305, at 445 12th Street, SW., Attorney General establish an State, local, and tribal authorities. Washington, DC.

Item No. Bureau Subject

1 Media ...... Title: Statistical Report on Average Rates for Basic Service, Cable Programming Service, and Equipment (MM Docket No. 92–266). Summary: The Commission will consider a Report on cable industry prices. 2 Media ...... Title: Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 (MB Docket No. 05–311). Summary: The Commission will consider a Report and Order and Further Notice of Pro- posed Rulemaking regarding Section 621(a)(1)’s directive that local franchising authori- ties not unreasonably refuse to award competitive franchises. 3 Public Safety and Homeland Security ...... Title: Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band; Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State, and Local Public Safety Communications Requirements Through the Year 2010 (WT Docket No. 96–86). Summary: The Commission will consider a Ninth Notice of Proposed Rulemaking con- cerning public safety communications in the 700 MHz band. 4 Consumer & Governmental Affairs ...... Title: Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; Internet-based Captioned Telephone Service (CG Docket No. 03–123). Summary: The Commission will consider a Declaratory Ruling regarding whether Internet Protocol (IP) captioned telephone service is a form of telecommunications relay service (TRS) compensable from the Interstate TRS Fund.

The meeting site is fully accessible to requests will be accepted, but may be Capitol Connection. The Capitol people using wheelchairs or other impossible to fill. Send an e-mail to: Connection also will carry the meeting mobility aids. Meeting agendas and [email protected] or call the Consumer & live via the Internet. To purchase these handouts will be provided in accessible Governmental Affairs Bureau at 202– services call (703) 993–3100 or go to formats; sign language interpreters, open 418–0530 (voice), 202–418–0432 (tty). www.capitolconnection.gmu.edu. captioning, and assistive listening Additional information concerning Copies of materials adopted at this devices will be provided on site. The this meeting may be obtained from meeting can be purchased from the meeting will be webcast with open Audrey Spivack or David Fiske, Office FCC’s duplicating contractor, Best Copy captioning. Request other reasonable of Media Relations, (202) 418–0500; and Printing, Inc. (202) 488–5300; Fax accommodations for people with TTY 1–888–835–5322. Audio/Video (202) 488–5563; TTY (202) 488–5562. disabilities as early as possible; please coverage of the meeting will be allow at least 5 days advance notice. broadcast live with open captioning These copies are available in paper Include a description of the over the Internet from the FCC’s Audio/ format and alternative media, including accommodation you will need including Video Events Web page at www.fcc.gov/ large print/type; digital disk; and audio as much detail as you can. In addition, realaudio. and video tape. Best Copy and Printing, include a way we can contact you if we For a fee this meeting can be viewed Inc. may be reached by e-mail at need more information. Last minute live over George Mason University’s [email protected].

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Federal Communications Commission. ContactLensRule. To ensure that the collected; and (4) ways to minimize the Marlene H. Dortch, Commission considers an electronic burden of the collection of information Secretary. comment, you must file it on the Web- on those who are to respond, including [FR Doc. 06–9771 Filed 12–14–06; 2:23 pm] based form at the https:// through the use of appropriate BILLING CODE 6712–01–P secure.commentworks.com/ automated, electronic, mechanical, or ContactLensRule Weblink. If this notice other technological collection appears at http://www.regulations.gov, techniques or other forms of information FEDERAL TRADE COMMISSION you may also file an electronic comment technology, e.g., permitting electronic through that Web site. The Commission submission of responses. All comments Agency Information Collection will consider all comments that should be filed as prescribed in the Activities; Submission for OMB regulations.gov forwards to it. ADDRESSES section above, and must be Review; Comment Request The FTC Act and other laws the received on or before February 16, 2007. Commission administers permit the The Contact Lens Rule (‘‘Rule’’), 16 AGENCY: Federal Trade Commission. collection of public comments to CFR Part 315, was promulgated by the ACTION: Notice. consider and use in this proceeding as FTC pursuant to the Fairness to Contact appropriate. All timely and responsive Lens Consumers Act (‘‘FCLCA’’), Pub. L. SUMMARY: The information collection public comments will be considered by No. 108–164 (December 6, 2003), which requirements described below will be the Commission and will be available to was enacted to enable consumers to submitted to the Office of Management the public on the FTC Web site, to the purchase contact lenses from the seller and Budget (‘‘OMB’’) for review, as extent practicable, at http://www.ftc.gov. of their choice. The Rule became required by the Paperwork Reduction As a matter of discretion, the FTC makes effective on August 2, 2004. As Act (‘‘PRA’’). The Federal Trade every effort to remove home contact mandated by the FCLCA, the Rule Commission (‘‘FTC’’ or ‘‘Commission’’) information for individuals from the requires the release and verification of is seeking public comments on its public comments it receives before contact lens prescriptions and contains proposal to extend through April 30, placing those comments on the FTC recordkeeping requirements applying to 2010 the current OMB clearance for Web site. More information, including both prescribers and sellers of contact information collection requirements routine uses permitted by the Privacy lenses. contained in its Contact Lens Rule Act, may be found in the FTC’s privacy Specifically, the Rule requires that (‘‘Rule’’). That clearance expires on policy at http://www.ftc.gov/ftc/ prescribers provide a copy of the April 30, 2007. privacy.htm. prescription to the consumer upon the completion of a contact lens fitting and DATES: Comments must be filed by FOR FURTHER INFORMATION CONTACT: February 16, 2007. verify or provide prescriptions to Requests for additional information authorized third parties. The Rule also ADDRESSES: Interested parties are should be addressed to Keith mandates that a contact lens seller may invited to submit written comments. Fentonmiller, Attorney, Division of sell contact lenses only in accordance Comments should refer to ‘‘Contact Lens Advertising Practices, Bureau of with a prescription that the seller either: Rule: FTC File No. [R411002],’’ to Consumer Protection, Federal Trade (a) Has received from the patient or facilitate the organization of comments. Commission, 600 Pennsylvania Avenue, prescriber; or (b) has verified through A comment filed in paper form should NW., Washington, DC 20580, (202) 326– direct communication with the include this reference both in the text 2775. prescriber. In addition, the Rule and on the envelope and should be SUPPLEMENTARY INFORMATION: Under the imposes recordkeeping requirements on mailed or delivered, with two complete Paperwork Reduction Act (‘‘PRA’’), 44 contact lens prescribers and sellers. For copies, to the following address: Federal U.S.C. 3501–3520, Federal agencies example, the Rule requires prescribers Trade Commission, Room H–135 must obtain approval from OMB for to document in their patients’ records (Annex J), 600 Pennsylvania Ave., NW., each collection of information they the medical reasons for setting a contact Washington, DC 20580. Because paper conduct or sponsor. ‘‘Collection of lens prescription expiration date of less mail in the Washington area and at the information’’ means agency requests or than one year. The Rule requires contact Commission is subject to delay, please requirements that members of the public lens sellers to maintain records for three consider submitting your comments in submit reports, keep records, or provide years of all direct communications electronic form, as prescribed below. information to a third party. 44 U.S.C. involved in obtaining verification of a However, if the comment contains any 3502(3); 5 C.F.R. 1320.3(c). As required contact lens prescription, as well as material for which confidential by section 3506(c)(2)(A) of the PRA, the prescriptions, or copies thereof, which treatment is requested, it must be filed FTC is providing this opportunity for they receive directly from customers or in paper form, and the first page of the public comment before requesting that prescribers. document must be clearly labeled OMB extend the existing paperwork The information retained under the ‘‘Confidential.’’ 1 clearance for the regulations noted Rule’s recordkeeping requirements is Comments filed in electronic form herein. used by the Commission to substantiate should be submitted by following the The FTC invites comments on: (1) compliance with the Rule and may also instructions on the web-based form at Whether the required collection of provide a basis for the Commission to https://secure.commentworks.com/ information is necessary for the proper bring an enforcement action. Without performance of the functions of the the required records, it would be 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The agency, including whether the difficult either to ensure that entities are comment must be accompanied by an explicit request for confidential treatment, including the information has practical utility; (2) the complying with the Rule’s requirements factual and legal basis for the request, and must accuracy of the agency’s estimate of the or to bring enforcement actions based on identify the specific portions of the comment to be burden of the required collection of violations of the Rule. withheld from the public record. The request will information, including the validity of Commission staff estimates the be granted or denied by the Commission’s General Counsel, consistent with applicable law and the the methodology and assumptions used; paperwork burden of the FCLCA and public interest. See Commission Rule 4.9(c), 16 CFR (3) ways to enhance the quality, utility, Rule based on its knowledge of the eye 4.9(c). and clarity of the information to be care industry. Staff believes there will

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be some burden on individual are likely to record this information in the estimate may overstate the time prescribers to provide contact lens the ordinary course of business as part spent by sellers to the extent that prescriptions, although it involves of their patients’ medical records. The records (e.g., verification requests) are merely writing a few items of OMB regulation that implements the generated and stored automatically and information onto a slip of paper and PRA defines ‘‘burden’’ to exclude any electronically, which staff understands handing it to the patient, or perhaps effort that would be expended is the case for some larger online sellers. mailing or faxing it to a third party. In regardless of a regulatory requirement. 5 addition, there will be some CFR 1320.3(B)(3)(2). Estimated labor costs: $32,819,000 recordkeeping burden on contact lens Second, the Rule requires contact lens (rounded to the nearest thousand). sellers—including retaining sellers to maintain certain documents Commission staff derived labor costs prescriptions or records of ‘‘direct relating to contact lens sales. As noted by applying appropriate hourly cost communications’’—pertaining to each above, a seller may sell contact lenses figures to the burden hours described sale of contact lenses to consumers who only in accordance with a prescription above. Staff estimates, based on its received their original prescription from that the seller either (a) Has received knowledge of the industry, that a third party prescriber. from the patient or prescriber, or (b) has optometrists account for approximately Burden statement: verified through direct communication 75% of prescribers. Thus, for simplicity, Estimated total annual hours burden: with the prescriber. The FCLCA requires staff will focus on their average hourly 950,000 hours (rounded to the nearest sellers to retain prescriptions and wage in estimating prescribers’ labor thousand). records of communications with cost burden. In its 2003 PRA-related Federal prescribers relating to prescription Register Notice and corresponding verification for three years. According to Bureau of Labor submission to OMB, FTC staff estimated Staff believes that the burden of Statistics from May 2005, salaried that the annual paperwork burden for complying with this requirement is low. optometrists earn an average wage of the various disclosure and Essentially, sellers who seek verification $45.91 per hour and clerical personnel recordkeeping requirements under the of contact lens prescriptions must retain earn an average of $11.82 per hour.4 FCLCA and then-proposed Rule would one or two records for each contact lens With these categories of personnel, be approximately 600,000 disclosure sale: Either the relevant prescription respectively, likely to perform the brunt hours for contact lens prescribers and itself, or the verification request and any of the disclosure and recordkeeping approximately 300,000 recordkeeping response from the prescriber. Staff aspects of the Rule, estimated total labor hours for contact lens sellers, a estimates that such recordkeeping will cost attributable to the Rule would be combined industry total of 900,000 entail a maximum of five minutes per approximately $32.8 million. [($45.91 × hours. sale, including time spent preparing a 633,333 hours) + ($11.82 × 316,667 No provisions in the Rule have been file and actually filing the record(s). hours) = $32,819,322] . amended since staff’s prior submission Staff also believes that, based on its to OMB. Thus, the Rule’s disclosure and knowledge of the industry, this burden The contact lens market is a multi- recordkeeping requirements remain the will fall primarily on mail order and billion dollar market; one recent survey same. However, the number of contact Internet-based sellers of contact lenses, estimates that contact lens sales totaled lens wearers in the United States has as they are the entities in the industry $2.35 billion from June 2005 to June increased to approximately 38 million.2 most reliant on obtaining or verifying 2006.5 Thus, the total labor cost burden Thus, assuming an annual contact lens contact lens prescriptions. Based on estimate of $32.8 million represents exam for each contact lens wearer, 38 conversations with the industry, staff approximately 1% of the overall market. million people would receive a copy of estimates that these entities currently Estimated annual non-labor cost their prescription each year under the account for approximately 10% of sales burden: $0 or minimal. Rule. At an estimated one minute per in the contact lens market 3 and, by prescription, the annual time spent by extension, that approximately 3.8 Staff believes that the Rule’s prescribers complying with the million consumers—10% of the 38 disclosure and recordkeeping disclosure requirement would be a million contact lens wearers in the requirements impose negligible capital maximum of 633,333 hours. [(38 million United States—purchase their lenses or other non-labor costs, as the affected × 1 minute)/60 minutes = 633,333 from them. entities are likely to have the necessary hours] At an estimated five minutes per sale supplies and/or equipment already (e.g., As required by the FCLCA, the Rule to each of 3.8 million consumers, prescription pads, patients’ medical also imposes two recordkeeping contact lens sellers will spend a total of charts, facsimile machines and paper, requirements. First, prescribers must 316,667 burden hours complying with telephones, and recordkeeping facilities document the specific medical reasons the recordkeeping requirement. [(3.8 such as filing cabinets or other storage). for setting a contact lens prescription million × 5 minutes)/60 minutes = expiration date shorter than the one year 316,667 hours] This estimate likely William Blumenthal, minimum established by the FCLCA. overstates the actual burden, however, General Counsel. This burden is likely to be nil because because it includes the time spent by [FR Doc. E6–21514 Filed 12–15–06; 8:45 am] the requirement applies only in cases sellers who already keep records BILLING CODE 6750–01–P when the prescriber invokes the medical pertaining to contact lens sales in the judgment exception, which is expected ordinary course of business. In addition, 4 to occur infrequently, and prescribers The Bureau of Labor Statistics are available online at: http://www.bls.gov/oes/current/ 3 The FTC’s February 2005 study, ‘‘The Strength oes_nat.htm#b43–0000. 2 See Statistics on Eyeglasses and Contact of Competition in the Rx Sale of Contact Lenses: An 5 The Vision Council of America and Jobson Lenses,’’ All About Vision, August, 2006, available FTC Study,’’ cites various data that, averaged at http://www.allaboutvision.com/resources/ together, suggests that approximately 10% of Optical Research have conducted large scale statistics-eyewear.htm. See also Barr, J. ‘‘2004 contact lens sales are by online and mail-order continuous consumer research under the name Annual Report,’’ Contact Lens Spectrum, Jan. 2005, sellers. The report is available online at http:// VisionWatch, which reports on vision care industry available at http://www.clspectrum.com/ www.ftc.gov/reports/contactlens/ and is available at http://visionsite.org/s_vision/ article.aspx?article=12733. 050214contactlensrpt.pdf. doc.asp?CID=791&DID=2524.

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FEDERAL TRADE COMMISSION paper or electronic form, will be Pfizer’s Zantac H–2 blocker business; considered by the Commission, and will (2) Pfizer’s Cortizone hydrocortisone [File No. 061 0220, Docket No. C–4180] be available to the public on the FTC anti-itch business; (3) Pfizer’s Unisom Johnson & Johnson and Pfizer Inc.; Web site, to the extent practicable, at nighttime sleep-aid business; and (4)  Analysis of Agreement Containing http://www.ftc.gov. As a matter of J&J’s Balmex diaper rash treatment Consent Orders To Aid Public discretion, the FTC makes every effort to business. Comment remove home contact information for The proposed Consent Agreement has individuals from the public comments it been placed on the public record for AGENCY: Federal Trade Commission. receives before placing those comments thirty (30) days for receipt of comments ACTION: Proposed Consent Agreement. on the FTC Web site. More information, by interested persons. Comments including routine uses permitted by the received during this period will become SUMMARY: The consent agreement in this Privacy Act, may be found in the FTC’s part of the public record. After thirty matter settles alleged violations of privacy policy, at http://www.ftc.gov/ (30) days, the Commission will again Federal law prohibiting unfair or ftc/privacy.htm. review the proposed Consent Agreement deceptive acts or practices or unfair and will decide whether it should methods of competition. The attached FOR FURTHER INFORMATION CONTACT: Michael R. Moiseyev, Bureau of withdraw from the proposed Consent Analysis to Aid Public Comment Agreement, modify it, or make final the describes both the allegations in the Competition, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326– Decision and Order (‘‘Order’’). draft complaint and the terms of the Pursuant to a Stock and Asset 3106. consent order—embodied in the consent Purchase Agreement dated June 25, agreement—that would settle these SUPPLEMENTARY INFORMATION: Pursuant 2006, J&J proposes to acquire certain allegations. to section 6(f) of the Federal Trade voting securities and assets comprising Commission Act, 38 Stat. 721, 15 U.S.C. DATES: Comments must be received on Pfizer’s Consumer Healthcare business 46(f), and § 2.34 of the Commission or before January 11, 2007. in a transaction valued at approximately Rules of Practice, 16 CFR 2.34, notice is ADDRESSES: Interested parties are $16.6 billion (‘‘Proposed Acquisition’’). hereby given that the above-captioned The Commission’s complaint alleges invited to submit written comments. consent agreement containing a consent Comments should refer to ‘‘Johnson & that the Proposed Acquisition, if order to cease and desist, having been consummated, would violate section 7 Johnson and Pfizer, File No. 061 0220,’’ filed with and accepted, subject to final to facilitate the organization of of the Clayton Act, as amended, 15 approval, by the Commission, has been U.S.C. 18, and section 5 of the Federal comments. A comment filed in paper placed on the public record for a period form should include this reference both Trade Commission Act, as amended, 15 of thirty (30) days. The following U.S.C. 45, by lessening competition in in the text and on the envelope, and Analysis to Aid Public Comment should be mailed or delivered to the the United States markets for the describes the terms of the consent research, development, manufacture, following address: Federal Trade agreement, and the allegations in the Commission/Office of the Secretary, distribution, and sale of the following complaint. An electronic copy of the over-the-counter (‘‘OTC’’) medications: Room 135–H, 600 Pennsylvania full text of the consent agreement Avenue, NW., Washington, DC 20580. (1) H–2 blockers, (2) hydrocortisone package can be obtained from the FTC anti-itch products, (3) nighttime sleep- Comments containing confidential Home Page (for December 12, 2006), on material must be filed in paper form, aids, and (4) diaper rash treatments (the the World Wide Web, at http:// ‘‘Products’’). must be clearly labeled ‘‘Confidential,’’ www.ftc.gov/os/2006/12/index.htm. A and must comply with Commission II. The Parties 1 paper copy can be obtained from the Rule 4.9(c). 16 CFR 4.9(c) (2005). The FTC Public Reference Room, Room 130– J&J is one of the largest and most FTC is requesting that any comment H, 600 Pennsylvania Avenue, NW., diversified suppliers of branded filed in paper form be sent by courier or Washington, DC 20580, either in person consumer health care products in the overnight service, if possible, because or by calling (202) 326–2222. world, as well as a manufacturer and U.S. postal mail in the Washington area Public comments are invited, and may supplier of pharmaceuticals, medical and at the Commission is subject to be filed with the Commission in either devices, and diagnostic products. In delay due to heightened security paper or electronic form. All comments 2005, J&J had worldwide net sales of precautions. Comments that do not should be filed as prescribed in the $50.5 billion. The more than 230 J&J contain any nonpublic information may ADDRESSES section above, and must be operating companies employ instead be filed in electronic form as received on or before the date specified approximately 116,000 individuals in part of or as an attachment to e-mail in the DATES section. 57 countries and sell products messages directed to the following e- throughout the world. In the consumer mail box: [email protected]. I. Analysis of Agreement Containing products segment, J&J manufactures and The FTC Act and other laws the Consent Order To Aid Public Comment markets a broad range of OTC Commission administers permit the The Federal Trade Commission medications, women’s health products, collection of public comments to (‘‘Commission’’) has accepted, subject to nutritional products, oral care products, consider and use in this proceeding as final approval, an Agreement and products used for baby and skin appropriate. All timely and responsive Containing Consent Orders (‘‘Consent care. With its Pepcid line of products, public comments, whether filed in Agreement’’) from Johnson & Johnson J&J is the leading supplier of OTC H–2 (‘‘J&J’’) and Pfizer Inc. (‘‘Pfizer’’), which blocker acid relief products in the 1 The comment must be accompanied by an explicit request for confidential treatment, is designed to remedy the United States. J&J is also a leading including the factual and legal basis for the request, anticompetitive effects that would supplier of OTC hydrocortisone-based and must identify the specific portions of the otherwise result from J&J’s proposed anti-itch medications under its Cortaid comment to be withheld from the public record. acquisition of Pfizer Consumer and Aveeno brands and of OTC The request will be granted or denied by the Healthcare. Under the terms of the nighttime sleep-aids under its Simply Commission’s General Counsel, consistent with  applicable law and the public interest. See proposed Consent Agreement, the Sleep brand. J&J is also a leading Commission Rule 4.9(c), 16 CFR 4.9(c). parties will be required to divest: (1) supplier of products for treating diaper

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rash under its Balmex, Aveeno, and AR—and private label versions of account for a significant share of the Johnson’s No More Rash brands. some Pepcid, Zantac, and Tagamet market. Pfizer’s Cortizone is the market Pfizer is one of the largest products. J&J and Pfizer are the two leader among branded products, while pharmaceutical companies in the world. largest suppliers in this market. J&J’s Cortaid is the second leading Pfizer researches, develops, The Proposed Acquisition would branded product line. In 2005, sales of manufactures, and markets leading significantly increase market OTC hydrocortisone anti-itch products prescription medicines for humans and concentration and eliminate substantial in the United States totaled , as well as consumer healthcare competition between the two leading approximately $120 million. products. In 2005, Pfizer had worldwide suppliers of OTC H–2 blockers in the The Proposed Acquisition would net sales of $51.3 billion. Pfizer United States. Branded manufacturers of significantly increase market Consumer Healthcare, which J&J these products spend significant sums concentration and eliminate substantial proposes to acquire, is a global business of money annually to create and competition between the two leading that researches, develops, manufactures, maintain distinct brand equities. As a suppliers of OTC hydrocortisone anti- and markets many well-known brands result of the acquisition, J&J would itch products in the United States. As a of OTC medications and oral care account for over 70% of the sales of result of the acquisition, J&J would products to consumers throughout the OTC H–2 blocker in the United States. account for over 55% of the sales of world. In 2005, Pfizer Consumer Here the evidence confirmed that OTC hydrocortisone anti-itch products Healthcare generated net sales of $3.9 Pepcid and Zantac are close in the United States. Evidence indicates billion. Like J&J, Pfizer is one of the substitutes. Consumers have benefitted that the parties’ products compete on leading suppliers of OTC H–2 blocker from the competition between Pfizer many levels, including pricing, shelf- acid relief products in the United States and J&J on pricing, discounts, space, and advertising. By eliminating with its Zantac product line. Pfizer is promotional trade spending, and competition between the two leading also the leading supplier in the United product innovation. Thus, unremedied, branded suppliers, the Proposed States of OTC hydrocortisone anti-itch the Proposed Acquisition likely would Acquisition would likely result in medications under its Cortizone brand, cause significant anticompetitive harm higher prices, less promotional OTC nighttime sleep-aids under its by enabling J&J to profit by unilaterally spending, and reduced product Unisom brand, and diaper rash raising the prices of one or both innovation. Although private label OTC products under its Desitin brand. products above pre-merger levels, as hydrocortisone anti-itch products well as reducing its incentives to account for a significant share of the III. OTC H–2 Blockers innovate and develop new products. market, private label products are less One of the relevant markets in which close substitutes for a significant share IV. OTC Hydrocortisone Anti-Itch to assess the competitive effects of the of customers, and it is unlikely that Products Proposed Acquisition is the United private label products would be able to States market for OTC H–2 blockers. H2- A second relevant product market in reposition themselves to replace the receptor antagonists, more commonly which to assess the competitive effects competition between J&J and Pfizer, the known as ‘‘H–2 blockers,’’ are a class of of the Proposed Acquisition is the two largest branded competitors in this drugs for the prevention and relief of United States market for OTC market, that would be lost through the heartburn associated with acid hydrocortisone anti-itch products. Proposed Acquisition. Thus, indigestion. Originally a prescription Hydrocortisone is a corticosteroid that unremedied, the Proposed Acquisition medicine, H–2 blocker products were reduces or inhibits the actions of likely would cause significant later approved by the FDA for sale chemicals in the body that cause anticompetitive harm by enabling J&J to without a prescription. H–2 blockers inflammation, redness and swelling. profit by unilaterally raising the prices work by blocking histamine from OTC products containing up to 1.0 of one or both products above pre- stimulating the gastric parietal cells, percent hydrocortisone are approved by merger levels, as well as reducing its thereby suppressing secretion of the FDA for topical application to treat incentives to innovate and develop new stomach acid. Although there are other minor skin irritations, itching, and products. OTC acid relief medications, including rashes due to various conditions, antacids and proton pump inhibitors including dermatitis, eczema, and V. OTC Nighttime Sleep-Aids (‘‘PPIs’’), H–2 blockers are sufficiently psoriasis. Although OTC topical A third relevant product market in different from these other products that anesthetic and antihistamine products which to assess the competitive effects they are not close economic substitutes. are available to treat minor skin of the Proposed Acquisition is the Currently, Prilosec OTC is the only PPI irritations, itching and rashes, these United States market for OTC nighttime available without a prescription. OTC products are not close economic sleep-aids. OTC nighttime sleep-aids are PPIs are not a close substitute for OTC substitutes for hydrocortisone anti-itch non-prescription drugs that are H–2 blockers because they are indicated products because they work differently indicated solely for the relief of for the relief of chronic heartburn and than hydrocortisone products. While occasional sleeplessness by individuals not for immediate relief of occasional these products may relieve symptoms of who have difficulty falling asleep. The heartburn or indigestion. Antacid tablets pain or itching, unlike hydrocortisone, active ingredient in the best-selling and liquids are not a close substitute for they do nothing to cure or prevent the sleep-aids is a sedating antihistamine, OTC H–2 blockers because they are less actual underlying skin conditions such such as diphenhydramine efficacious and do not provide as long as eczema or psoriasis. hydrochloride or doxylamine succinate. relief as H–2 blockers. The United States market for OTC Prescription sleep-aids, such as The United States market for OTC H– hydrocortisone anti-itch products is zolpidem (Ambien), zaleplon 2 blockers is highly concentrated. highly concentrated. There are only two (Sonata) or eszopiclone (Lunesta), are Today, this approximately $360 million significant branded competitors in this not close economic substitutes for OTC market comprises four branded market: (1) Pfizer, with its Cortizone nighttime sleep-aids. Consumers of OTC products—J&J’s Pepcid, Pfizer’s products and (2) J&J, with its Cortaid nighttime sleep-aids likely would not Zantac, GlaxoSmithKline’s Tagamet, products. In addition, private label switch to prescription sleep-aids in and Reliant Pharmaceutical’s Axid hydrocortisone anti-itch products response to a 5 to 10 percent increase

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in the price of OTC nighttime sleep-aids zinc oxide and (2) ointments containing Developing and obtaining Food and because of the higher prices of the active ingredient petrolatum. There Drug Administration approval for the prescription sleep-aids (particularly for are no close substitutes for OTC diaper manufacture and sale of a novel, those without insurance coverage) and rash creams or ointments. differentiated medication takes at least the inconvenience and cost of a doctor’s The United States market for OTC two (2) years. Once product visit (including delays for consumers diaper rash treatments is highly development is complete, a new entrant who have exhausted their concentrated. Today, three large, must invest extremely high sunk costs prescriptions). established brands—Pfizer’s Desitin, on marketing, advertising, and The United States market for OTC Schering-Plough’s A&D, and J&J’s promotional allowances to create and nighttime sleep-aids is highly Balmex—account for over 70% of sales maintain consumer awareness and concentrated. J&J and Pfizer are the two in this approximately $84 million acceptance of the new product. Given largest suppliers of branded OTC market. The rest of the market is the sales opportunities available in the nighttime sleep-aids in the United composed of several small, niche markets for the Products, coupled with States. Pfizer is the market leader with brands. Private label products account the significant investment necessary to its Unisom products, while J&J is the for a negligible share of the market. market and sell the Products, it is second leading supplier with its Simply Pfizer is the largest supplier of OTC unlikely that a new competitor will Sleep products. In 2005, sales of OTC diaper rash treatment products with its enter any of the markets for the nighttime sleep-aids in the United Desitin line of products, while J&J is Products. States totaled approximately $100 the third largest supplier with its million. Balmex, Aveeno, and Johnson’s No VIII. The Consent Agreement The Proposed Acquisition would More Rash brands. Neither the The Consent Agreement effectively significantly increase market Aveeno nor the Johnson’s No More remedies the Proposed Acquisition’s concentration and eliminate substantial Rash brands, however, account for a anticompetitive effects in the relevant competition between the two leading significant share of sales in this market. markets discussed above. The Consent suppliers of OTC nighttime sleep-aids in The Proposed Acquisition would Agreement preserves competition in the United States. As a result of the significantly increase market these markets by requiring the acquisition, J&J would account for over concentration and eliminate substantial divestiture of: (1) All assets related to 45% of the sales of OTC nighttime competition between the two leading the Zantac H–2 blockers to Boehringer sleep-aids in the United States. In suppliers of OTC diaper rash treatment Ingelheim Pharmaceuticals, Inc. addition, the evidence confirmed that products in the United States. As a (‘‘Boehringer Ingelheim Unisom and Simply Sleep are close result of the acquisition, J&J would Pharmaceuticals’’); and (2) all assets substitutes and have similar efficacy, account for nearly 50% of the sales of relating to Cortizone hydrocortisone brand equity, and brand positioning. OTC diaper rash treatment products in anti-itch products, all assets relating to Consumers have benefitted from the the United States. Although there are Unisom sleep-aids, and all assets competition between Pfizer and J&J on additional suppliers of branded OTC relating to Balmex diaper rash pricing, discounts, promotional trade diaper rash treatment products in this treatment products to Chattem, Inc. spending, and product innovation. market, the evidence confirmed that (‘‘Chattem’’) (the ‘‘Divested Assets’’). Although private label OTC nighttime Desitin and Balmex are perceived to These divestitures must take place sleep-aids account for a significant share be close substitutes by consumers, and within fifteen days after the closing of of the market, private label products are evidence suggests that they are similar the Proposed Acquisition or January 2, less close substitutes for a significant in formulation, texture, and appearance. 2007, whichever is later. share of customers, and it is unlikely Consumers have benefitted from the The Commission is satisfied that that private label products would competition between Pfizer and J&J on Boehringer Ingelheim Pharmaceuticals reposition themselves to replace the pricing, discounts, promotional trade is a well-qualified acquirer of the Zantac competition between J&J and Pfizer, the spending, and product innovation. business. Boehringer Ingelheim two largest branded competitors in this Thus, unremedied, the Proposed Pharmaceuticals engages in the market, that would be lost through the Acquisition likely would cause research, development, sale and Proposed Acquisition. Thus, significant anticompetitive harm by marketing of branded pharmaceuticals unremedied, the Proposed Acquisition enabling J&J to profit by unilaterally and OTC drugs, including well known likely would cause significant raising the prices of one or both brands such as Dulcolax, Spiriva, anticompetitive harm by enabling J&J to products above pre-merger levels, as Atrovent, Combivent, Flomax and profit by unilaterally raising the prices well as reducing its incentives to Mirapex. Boehringer Ingelheim of one or both products above pre- innovate and develop new products. Pharmaceuticals is part of the merger levels, as well as reducing its Boehringer Ingelheim Group, which is a VII. Entry incentives to innovate and develop new leading worldwide manufacturer of products. Entry into the markets for the pharmaceuticals for humans and research, development, manufacture, animals and the eighth largest VI. OTC Diaper Rash Treatments and sale of the Products is unlikely to manufacturer and marketer of OTC A fourth relevant product market in deter or counteract the anticompetitive health care products worldwide. which to assess the competitive effects effects of the Proposed Acquisition. Boehringer Ingelheim Pharmaceutical’s of the Proposed Acquisition is the Each of the relevant markets is relatively Consumer Health Care business has an United States market for OTC diaper mature and dominated by a few well- existing sales and distribution network rash treatment products. Consumers use established brand names. In such a that sells products through the same diaper rash creams or ointments to treat market environment, a new entrant channels as Zantac is currently sold, and prevent diaper rash and to protect faces a difficult task of convincing and has a strong record of integrating sore or chafed skin from moisture or retailers to carry its product, especially product acquisitions successfully. irritation. Most diaper rash products fall if the new product does not have a The proposed Consent Agreement into one of two categories: (1) Creams or competitive advantage based on contains several provisions designed to pastes containing the active ingredient differentiated claims or efficacy. ensure the successful divestiture of the

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Zantac business to Boehringer Assets for the brief transition period summaries of proposed projects. To Ingelheim Pharmaceuticals by requiring between the time the Commission request more information on the that: (1) J&J divest to Boehringer approves the proposed Order and when proposed projects or to obtain a copy of Ingelheim Pharmaceuticals all assets the divestitures take place, which will the data collection plans and relating to Pfizer’s Zantac line of not be later than January 2, 2007. Even instruments, call 404–639–5960 and products, including all research and though such a period is relatively short, send comments to Seleda Perryman, development, intellectual property, and maintenance of current supply, CDC Assistant Reports Clearance customer and supply contracts; (2) J&J advertising and promotional levels and Officer, 1600 Clifton Road, MS–D74, and Pfizer take steps to ensure that activities at all times prior to divestiture Atlanta, GA 30333 or send an e-mail to confidential business information is of paramount importance. The [email protected]. relating to Zantac will not be obtained proposed Consent Agreement Comments are invited on: (a) Whether or used by J&J; (3) Boehringer Ingelheim incorporates this plan in the Order to the proposed collection of information Pharmaceuticals have the opportunity to Maintain Assets, detailing requirements is necessary for the proper performance enter into employment contracts with for the assets that must be held separate, of the functions of the agency, including certain key individuals who have services that may be shared with the whether the information shall have experience relating to Zantac; and (4) ongoing business, and the employee practical utility; (b) the accuracy of the certain management employees of Pfizer positions that are necessary for the held agency’s estimate of the burden of the who were substantially involved in the separate business. proposed collection of information; (c) research, development or marketing of The Commission has appointed David ways to enhance the quality, utility, and Zantac be precluded from working on Painter of LECG as Interim Monitor to clarity of the information to be competitive H–2 blocker products at J&J oversee the transfer of assets, the collected; and (d) ways to minimize the for a period of two years.2 establishment of appropriate firewalls to burden of the collection of information The Commission is also satisfied that prevent the transfer or use of on respondents, including through the Chattem is a well-qualified acquirer of confidential business information and to use of automated collection techniques the Cortisone, Unisom, and Balmex ensure that J&J and Pfizer comply with or other forms of information businesses. Chattem is a leading all other provisions of the Order. To technology. Written comments should manufacturer and marketer of a broad ensure that the Commission remains be received within 60 days of this portfolio of branded OTC healthcare informed about the status of the notice. products, toiletries, and dietary Divested Assets and their transfer, the Proposed Project supplements, including brands such as proposed Consent Agreement requires Pilot Project for a National Monitoring Icy Hot, Gold Bond, Selsun blue, J&J and Pfizer to file reports with the System for Major Adverse Effects of Garlique, Pamprin, and BullFrog. Commission periodically until the Medication Use During Pregnancy and Chattem’s products are among the divestitures are accomplished. Lactation—New—National Center on market leaders in their respective The purpose of this analysis is to Birth Defects and Developmental categories across food, drug and mass facilitate public comment on the Disabilities (NCBDDD), Centers for merchandisers. Chattem has an proposed Consent Agreement, and it is Disease Control and Prevention (CDC). experienced sales force with existing not intended to constitute an official relationships with major retailers and interpretation of the proposed Decision Background and Brief Description has a strong record of integrating prior and Order or the Order to Maintain This data collection is based on the product acquisitions successfully. Assets, or to modify their terms in any following components of the Public The proposed Consent Agreement way. Health Service Act: (1) Act 42 U.S.C. contains several provisions designed to By direction of the Commission with 241, Section 301, which authorizes ensure the successful divestiture of the Commissioners Harbour, Kovacic and Rosch    ‘‘research, investigations, experiments, Cortisone , Unisom , and Balmex recused. demonstrations, and studies relating to businesses to Chattem by requiring that: Donald S. Clark, the causes, diagnosis, treatment, control, (1) J&J divest to Chattem all assets Secretary. and prevention of physical and mental relating to the Cortisone, Unisom, [FR Doc. E6–21519 Filed 12–15–06; 8:45 am] diseases and impairments of man.’’ (2) and Balmex line of products, BILLING CODE 6750–01–P 42 U.S.C. 247b–4, Section 317 C, which including all research and development, authorizes the activities of the National intellectual property, and customer and Center on Birth Defects and supply contracts; (2) J&J and Pfizer take DEPARTMENT OF HEALTH AND Developmental Disabilities. This section steps to ensure that confidential was created by Public Law 106–310, business information relating to HUMAN SERVICES    also known as ‘‘the Children’s Health Cortisone , Unisom , and Balmex Centers for Disease Control and Act of 2000.’’ This portion of the code will not be obtained or used by J&J; and Prevention has also been amended by Public Law (3) Chattem have the opportunity to 108–154, which is also known as the [60Day–07–07AA] enter into employment contracts with ‘‘Birth Defects and Developmental certain key individuals who have  Proposed Data Collections Submitted Disabilities Prevention Act of 2003’’. experience relating to Cortisone , The use of a number of medications Unisom, and Balmex. for Public Comment and Recommendations during pregnancy is known to be The Order to Maintain Assets that is associated with serious adverse effects included in the proposed Consent In compliance with the requirement in children. However, because pregnant Agreement requires that J&J and Pfizer of Section 3506(c)(2)(A) of the and lactating women are traditionally maintain the viability of the Divested Paperwork Reduction Act of 1995 for excluded from clinical trials, and opportunity for public comment on because premarketing animal studies do 2 This firewall will prevent J&J from taking competitive advantage of know-how, product proposed data collection projects, the not necessarily predict the experience of development, marketing, and sales plans relating to Centers for Disease Control and humans, little information is available Zantac. Prevention (CDC) will publish periodic about the safety of most prescription

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medications during pregnancy and project is to conduct a pilot study to participate in a follow-up study. lactation at the time they are marketed. assess whether TIS in the United States Informed consent to participate will be Nevertheless, many women can serve as an effective monitoring and obtained from each woman by inadvertently use medications early in early warning system for major adverse telephone. For each pregnant woman gestation before realizing they are effects on (1) pregnancy outcomes (e.g., who agrees to participate, the TIS will pregnant, and many maternal conditions live birth, stillbirth, premature birth, conduct 4 telephone interviews:(1) At require treatment during pregnancy and low birth weight, etc.) and (2) maternal enrollment; (2) during the third breastfeeding to safeguard the health of and infant health. The project will trimester of pregnancy; (3) both mother and infant. Currently, the assess the willingness of pregnant and approximately one month after delivery; United States does not have a breastfeeding women who contact a TIS and (4) when the infant is about 3 comprehensive early warning system for about medication exposure to months old. For each breastfeeding major adverse pregnancy or infant participate in and complete a follow-up woman who agrees to participate, the outcomes related to medication study; whether these women are similar TIS will conduct 3 telephone exposures. in demographic characteristics to the interviews:(1) At enrollment; (2) Teratology Information Services (TIS) U.S. population of child-bearing age utilize trained specialists to provide free women; the specificity and approximately one month after phone consultation, risk assessment, completeness of the information enrollment; and (3) 3 months after and counseling about exposures during obtained from such a study about enrollment, if the woman is still taking pregnancy and breastfeeding—including adverse pregnancy outcomes, and medication and still breastfeeding. The medications—to women and healthcare maternal and infant health; and the interviews will assess maternal and fetal providers. Altogether, they respond to amount of time required to conduct the health throughout pregnancy, and approximately 70,000–100,000 inquiries follow-up. maternal and infant health at delivery, each year in the United States and Within a continuous six-month during the newborn and early infancy Canada. Because they have direct period, three individual TIS will recruit period, and while breastfeeding, and contact with pregnant and breastfeeding all women who contact their service correlate these outcomes with women, TIS are in a unique position to (approximately 250 enrollees per TIS) medication exposure during pregnancy monitor the adverse effects of who have used any prescription or over- and while breastfeeding. There is no medication exposures during pregnancy the-counter medication during cost to respondents other than their and lactation. The objective of this pregnancy or while breastfeeding to time.

ESTIMATE OF ANNUALIZED BURDEN HOURS

Number of Avg. burden Respondent Number of responses per per response Total burden respondents respondent (in hours) (in hours)

Prenatal exposure group alone ...... 338 4 20/60 451 Lactation exposure group alone ...... 74 3 20/60 74 Prenatal exposure group and lactation exposure group (pregnant women who subsequently breastfeed) ...... 338 4 30/60 676

Total ...... 750 ...... 1,201

Dated: December 12, 2006. that a proposed collection of collection of information to OMB for Joan F. Karr, information has been submitted to the review and clearance. Office of Management and Budget Acting Reports Clearance Officer, Centers for Manufactured Food Regulatory Disease Control and Prevention. (OMB) for review and clearance under Program Standards [FR Doc. E6–21527 Filed 12–15–06; 8:45 am] the Paperwork Reduction Act of 1995. The Food and Drug Administration BILLING CODE 4163–18–P DATES: Fax written comments on the (FDA) is announcing the availability of collection of information by January 17, a draft document entitled 2007. DEPARTMENT OF HEALTH AND ‘‘Manufactured Food Regulatory HUMAN SERVICES ADDRESSES: To ensure that comments on Program Standards: (draft program the information collection are received, standards). The draft program standards, Food and Drug Administration OMB recommends that written which establish a uniform foundation comments be faxed to the Office of for the design and management of State [Docket No. 2006D–0246] Information and Regulatory Affairs, programs responsible for regulation of Agency Information Collection OMB, Attn: FDA Desk Officer, FAX: plants that manufacture, process, pack, Activities; Submission for Office of 202–395–6974. or hold foods in the United States, are Management and Budget Review; FOR FURTHER INFORMATION CONTACT: being distributed for comment purposed Comment Request; Manufactured Elizabeth Berbakos, Office of the Chief only. This document is neither final nor Food Regulatory Program Standards Information Officer (HFA–250), Food is it intended for implementation. and Drug Administration, 5600 Fishers The elements of the draft program AGENCY: Food and Drug Administration, Lane, Rockville, MD 20857, 301–827– standards are intended to ensure that HHS. 1482. the States have the best practices of a ACTION: Notice. high-quality regulatory program to use SUPPLEMENTARY INFORMATION: In for self-assessment and continuous SUMMARY: The Food and Drug compliance with 44 U.S.C. 3507, FDA improvement and innovation. The ten Administration (FDA) is announcing has submitted the following proposed standards describe the critical elements

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of a regulatory program designed to Those self assessments and implementation of the program protect the public from foodborne improvement plans will be audited as a standards will take several years so that illness and injury. These elements part of the program oversight of the FDA State programs can integrate the include the State program’s regulatory state contracts. program standards into its own quality foundation, staff training, inspection, The goal is to enhance food safety by assurance programs. FDA estimates that quality assurance, food defense establishing a uniform basis for the majority of the State agencies have preparedness and response, foodborne measuring and improving the quality assurance programs and only a illness and incident investigation, performance of manufactured food minimum amount of time would be enforcement, education and outreach, regulatory programs in the United necessary to revise or update them to resource management, laboratory States. The development and comply with the program standards. resources, and program assessment. implementation of these program Ultimately, the program standards will Each standard has corresponding self- standards will help Federal and State assist both FDA and the States in assessment worksheets, and certain programs better direct their regulatory fulfilling their regulatory obligations standards have supplemental activities at reducing foodborne illness and developing strategies that will worksheets and forms that will assist hazards in plants that manufacture, continuously improve the State State programs in determining their process, pack, or hold foods. programs. level of conformance with the standard. Consequently, the safety and security of Furthermore, the total estimated The State program is not required to the food supply in the United States burden under the draft program use the forms and worksheets contained will improve. standards did not consider the use of herein; however, alternate forms should In the Federal Register of July 20, forms in Portable Document Format be equivalent to the forms and 2006 (FR 71 41221), FDA published a (PDF) that will be filled and submitted worksheets in the draft program 60-day notice requesting public electronically. The PDF fill-in forms standards. These draft program comment on the information collection will reduce the estimated burden for standards do not address the provisions in the draft program both the reporting and recordkeeping performance appraisal processes that a standards. FDA received a number of burdens and should be accessible when State agency may use to evaluate comments on the draft program the program standards are negotiated as individual employee performance. standards; however, only two letters of an option for payment under the State When finalized, FDA will use the comment included comments regarding contracts. program standards as a tool to improve the information collection provisions. One comment requested that contracts with State agencies. The An additional letter supported the alternative mechanisms to document program standards will assist both FDA comments provided in one of the two compliance with the standards be and the States in fulfilling their letters of comment. permitted. FDA further reminds you regulatory obligations. Two comments stated that the record that in the draft program standards we The implementation of the program collection required to meet the provide for using alternate forms. standards will be negotiated as an standards is cumbersome and option for payment under the State voluminous. FDA does not agree with In revising the draft program contract. States that are awarded this the comments about the record standards, FDA will consider the option will receive up to $5,000 to collection. The record collection general comments on draft program perform the self assessment and to requested by the program standards is standards. maintain an operational plan for self not outside the information collected Because State agencies already keep improvement. FDA recognizes that full and reported by an efficient and records of the usual and customary use and implementation of the program effective regulatory program. The activities required by their inspection standards by those States will take program standards capture the State programs, the burden from compiling several years. Such States will, however, program’s accomplishments in these records is not included in the be expected to implement improvement standardized forms. burden chart. plans to demonstrate that their programs FDA reminds you that in the draft FDA estimates the burden of this are moving toward full implementation. program standards FDA anticipates full collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Annual Frequency per No. of Respondents Response Total Annual Responses Hours per Response Total Hours

40 0.5 20 40 800 1There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED FIVE-YEAR SELF ASSESSMENT BURDEN1

Five-Year Frequency per Total Five-year Re- 2 2 Number of Respondents Response sponses Hours per Response Total Hours

40 1 40 100/40 4,000/1,600 1The initial self assessment is estimated at 100 hours per respondent. Subsequent updates of the self assessments will be conducted every five years and should be completed in 40 hours or less.

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TABLE 3.—ESTIMATED ANNUAL IMPROVEMENT PLAN BURDEN

Annual Frequency Per No. of Respondents Response Total Annual Responses Hours per Response Total Hours

40 1 40 5 200

Dated: December 11, 2006. Experimental Study of Possible possible footnote and cueing schemes. Jeffrey Shuren, Footnotes and Cueing Schemes to Help The distinctive features of Internet Assistant Commissioner for Policy. Consumers Interpret Quantitative Trans panels for the purpose of the [FR Doc. E6–21472 Filed 12–15–06; 8:45 am] Fat Disclosure on the Nutrition Facts experimental study are that they allow Panel—(OMB Control Number 0910– for controlled visual presentation of BILLING CODE 4160–01–S 0532—Reinstatement) study materials, experimental FDA is requesting OMB approval of manipulation of study materials, and DEPARTMENT OF HEALTH AND an experimental study of possible the random assignment of subjects to condition. Experimental manipulation HUMAN SERVICES footnotes and cueing schemes intended to help consumers interpret quantitative of labels and random assignment to Food and Drug Administration trans fat information on the Nutrition condition makes it possible to estimate Facts Panel (NFP) of a food product. The the effects of the various possible footnotes and cueing schemes while [Docket No. 2006N–0036] purpose of the experimental study is to help FDA’s Center for Food Safety and controlling for individual differences between subjects. Random assignment Agency Information Collection Applied Nutrition formulate decisions ensures that mean differences between Activities; Submission for Office of and policies affecting labeling conditions can be tested using well- Management and Budget Review; requirements for trans fat disclosure. known techniques such as analysis of Comment Request; Experimental In the Federal Register of July 11, 2003 (68 FR 41434), FDA issued a final variance or regression analysis to yield Study of Possible Footnotes and statistically valid estimates of effect Cueing Schemes to Help Consumers rule requiring disclosure on the Nutrition Facts Panel of quantitative size. The study will be conducted using Interpret Quantitative Trans Fat a convenience sample drawn from a Disclosure on the Nutrition Facts Panel trans fat information on a separate line without any accompanying footnote. At large, national consumer panel of about the same time, the agency issued an one million households. AGENCY: Food and Drug Administration, Participants will be adults, age 18 and HHS. advance notice of proposed rulemaking entitled ‘‘Food Labeling: Trans Fatty older, who are recruited for a study ACTION: Notice. Acids in Nutrition Labeling; Consumer about foods and food labels. Each Research to Consider Nutrient Content participant will be randomly assigned to SUMMARY: The Food and Drug and Health Claims and Possible 1 of the 54 experimental conditions Administration (FDA) is announcing Footnote or Disclosure Statements’’ (68 derived from fully crossing 8 possible that a proposed collection of FR 41507) which requested comments footnotes/cueing schemes, 3 product information has been submitted to the about possible footnotes to help types, and 2 prior knowledge Office of Management and Budget consumers better understand trans fat conditions. (OMB) for review and clearance under declarations on the product label. The FDA will use the information from the the Paperwork Reduction Act of 1995. agency sought comments about whether experimental study to evaluate it should consider requiring statements regulatory and policy options. The DATES: Fax written comments on the about trans fat, either alone or in agency often lacks empirical data about collection of information by December combination with saturated fat and how consumers understand and 18, 2006. cholesterol, as a footnote on the respond to statements they might see in product labeling. The information ADDRESSES: To ensure that comments on Nutrition Facts Panel to enhance consumers’ understanding about such gathered from this experimental study the information collection are received, will be used to estimate consumer OMB recommends that written cholesterol-raising lipids and how to use information on the label to make comprehension and the behavioral comments be faxed to the Office of healthy food choices. Comments impact of various footnotes and cueing Information and Regulatory Affairs, received in response to the notice schemes intended to help consumers OMB, Attn: FDA Desk Officer, FAX: contained suggested footnotes and better understand quantitative trans fat 202–395–6974. cueing schemes. The proposed information. FOR FURTHER INFORMATION CONTACT: experimental study will evaluate the The experimental study data will be Jonna Capezzuto, Office of the Chief ability of several possible footnotes and collected using participants of an Information Officer (HFA–250), Food cueing schemes to help consumers make Internet panel of approximately one and Drug Administration, 5600 Fishers heart-healthy food choices. The results million people. Participation in the Lane, Rockville, MD 20857, 301–827– of the experimental study will provide experimental study is voluntary. 4659. empirical support for possible policy In the Federal Register of February 6, decisions about the need for such 2006 (71 FR 6079), FDA published a 60- SUPPLEMENTARY INFORMATION: In requirements and the appropriate form day notice requesting public comment compliance with 44 U.S.C. 3507, FDA they should take. on the information collection that will has submitted the following proposed FDA or its contractor will use take place as part of the experimental collection of information to OMB for information gathered from Internet study. FDA received two letters in review and clearance. panel samples to evaluate how response to the notice, each containing consumers understand and respond to multiple comments.

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(Comment 1) One comment stated participants in the margarine value of stating that trans fat extends that the organization concurs with the conditions. We made the requested shelflife and has desirable taste objectives of the study and believes the change. characteristics since many saturated fat information from this study will be (Comment 3) One comment suggested sources are relatively shelf stable and useful to FDA in developing labeling that, for the margarine labels, FDA have desirable taste characteristics. policy to assist consumers with should edit the polyunsaturated and (Response) FDA agrees and has interpretation of trans fat claims in food monounsaturated values to be as equal revised the Full Information treatment labeling. Another comment expressed as possible in the product pairings to in response to these concerns. Calories concern that the NFP of only one of the ensure that the focus is on the saturated and other sources of energy are now three product pairs (margarine) showed fat and trans fat content. mentioned in the introductory passage. polyunsaturated fat and (Response) FDA disagrees with the Natural sources of trans fat are now monounsaturated fat content and suggested change to the NFPs for the mentioned and the similarity between recommended that the NFPs for all three margarine product pairs. In order to trans fat and saturated fat in terms of products tested in the study show the keep the values for the polyunsaturated shelflife and taste are now addressed. fuller fat profile. and monounsaturated fats identical in The revised draft will be included in the (Response) FDA disagrees with the the margarine pairs, the saturated fat study pretest and further revisions will recommendation that the NFPs for all content would become unrealistically be made if FDA determines they are three products tested in the study high in one label because it is the only needed based upon pretest results. disclose a fuller fat profile. Most NFPs fat component that could increase when do not include the optional trans fat equals zero. FDA will retain the (Comment 6) One comment suggested polyunsaturated fat and NFPs as proposed. consumer confusion may be caused monounsaturated fat content. Typically, (Comment 4) One comment noted that when a NFP for a product discloses 0 g this information is disclosed on NFPs only one of the NFPs for the three of trans fat but the ingredient list for products that are entirely or largely products tested in the study showed discloses an ingredient that contains composed of fat (e.g., butter, margarine, some cholesterol present in the product; trans fat, as is permitted by the trans fat and cooking oils). In these cases, the fat the other two products disclosed labeling regulations. The comment profile may be shown in greater detail cholesterol as zero. In particular, the concluded that FDA should add because consumers may use this comment identified lasagna as unlikely experimental conditions in which this information to select among alternative to contain 0 milligrams of cholesterol. occurs. The comment suggested that for food products. The NFPs for the product (Response) FDA agrees that zero this situation the study should test pairs tested in the study are consistent cholesterol is not likely to be a realistic language for a footnote to the ingredient with actual donut, margarine, and amount of cholesterol disclosed on a list to explain that there may be a trans frozen lasagna labels. Because the NFP for a lasagna product and has fat ingredient in the product when the recommended change would limit revised the NFPs for the lasagna pairs. NFP shows trans fat as zero. products tested in the study to those In addition, FDA changed a product (Response) FDA disagrees with the such as butter, margarine and cooking category from cookies to donuts and proposed addition to the study’s oils, FDA will retain the NFPs as edited the NFPs for the new donut experimental conditions. Under existing proposed. product pair to add a disclosure of trans fat labeling regulations, food (Comment 2) One comment suggested cholesterol. manufacturers are allowed to list that the NFPs should not reflect (Comment 5) One comment critiqued amounts of trans fat less than 0.5 g per rounding, to minimize potential the draft Full Information treatment serving as zero on the NFP. While such consumer confusion. The comment language. The comment criticized the situations occur in the marketplace and specifically recommended that FDA edit one-page summary because: (1) It did are permitted by the trans fat labeling the study NFPs containing declarations not identify calories in the discussion of regulations, whether this causes of polyunsaturated and fat as a major source of energy and (2) consumer confusion is an issue outside monounsaturated fats (i.e., for the it did not relate the calorie contribution the scope of the proposed research, margarine product pair) to declare total of fat to that of carbohydrates and which focuses on the effects of NFP fat grams in an amount equal to the sum protein. The comment also criticized the footnotes and alternative presentations of the four listed fatty acids. information about sources of trans fat of trans fat information in the NFP on (Response) FDA agrees that for the because it omitted mention of natural consumers’ ability to correctly identify margarine labels, which include the four sources of trans fat in the diet, which more healthful food products. The fatty acids under total fat, the fatty acids the comment suggested would help Office of Nutritional Products, Labeling gram (g) amounts declared should add ensure factually correct and balanced and Dietary Supplements has received up to the total fat gram amount to avoid information about sources of trans in and responded to a separate letter on raising questions or distracting the the diet. The comment questioned the this topic from the commenter.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per Activity Respondents per Response Responses Response Total Hours

Pretest 40 1 40 .25 10

Study 3,240 1 3,240 .25 810

Total 820 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

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Dated: December 8, 2006. the Deputy Manager, National amended (5 U.S.C. App.), the Jeffrey Shuren, Communications System, Department of Department has determined that this Assistant Commissioner for Policy. Homeland Security, CS&T/NCS/N5. discussion will concern matters which, [FR Doc. E6–21486 Filed 12–15–06; 8:45 am] SUPPLEMENTARY INFORMATION: The if disclosed, would be likely to frustrate BILLING CODE 4160–01–S NSTAC advises the President on issues significantly the implementation of a and problems related to implementing proposed agency action. Accordingly, national security and emergency this portion of the meeting will be DEPARTMENT OF HOMELAND preparedness telecommunications closed to the public pursuant to the SECURITY policy. Notice of this meeting is given authority set forth in 5 U.S.C. under the Federal Advisory Committee 552b(c)(9)(B). National Communications System Act (FACA), Pub. L. 92–463, as Information on Services for Individuals with Disabilities: For [Docket No. NCS–2006–0009] amended (5 U.S.C. App.). This meeting was the subject of a information on facilities or services for individuals with disabilities, or to National Security Telecommunications prior notice published on December 4, request special assistance at the Advisory Committee 2006 (71 FR 70413). In that notice, the meeting was scheduled for December meeting, contact Kiesha Gebreyes as AGENCY: National Communications 19, at the location provided above, from soon as possible. System, DHS. 1 p.m. to 4 p.m. However, due to Dated: December 14, 2006. ACTION: Amended Notice of Partially exceptional circumstances, the meeting George W. Foresman, Closed Advisory Committee Meeting. must be rescheduled for earlier in the Under Secretary for Preparedness. day. SUMMARY: The President’s National [FR Doc. 06–9769 Filed 12–14–06; 2:23 pm] Pursuant to 41 CFR 102–3.150(b), this BILLING CODE 4410–10–P Security Telecommunications Advisory amended notice is being published less Committee (NSTAC) will meet in a than 15 days prior to the meeting date partially closed session. due to exceptional circumstances. The DEPARTMENT OF THE INTERIOR DATES: Tuesday, December 19, 2006, Department adjusted the meeting from 9 a.m. until 1 p.m. schedule set forth in the December 4, Bureau of Land Management ADDRESSES: The meeting will take place 2006 notice in order to accommodate at the U.S. Chamber of Commerce, 1615 the schedule of the President of the [AZ–240–06–1770–PC–211A] H St., NW., Washington, DC. To register United States. The Department Call for Nominations for the Sonoran for this meeting and for access to determined that it would impracticable Desert National Monument Advisory meeting materials, contact Mr. William to change the date of the substantive Council Fuller at (703) 235–5521, or by e-mail at activity scheduled for this meeting. In [email protected] by 5 p.m. on order to allow the greatest possible AGENCY: Bureau of Land Management, Monday, December 18, 2006. If you public participation, the Department has Interior. desire to submit comments, they must extended the usual deadlines to submit ACTION: Notice. be submitted by December 18, 2006. comments. As noted above, this date is Comments must be identified by Docket December 18, 2006. SUMMARY: The Bureau of Land Number NCS–2006–0009 and may be Between 9 a.m. and 11 a.m., the Management (BLM) is publishing this submitted by one of the following committee will discuss the Global notice under Section 9(a)(2) of the methods: Infrastructure Resiliency (GIR) Report. Federal Advisory Committee Act. The • Federal eRulemaking Portal: http:// This portion of the meeting will be BLM is giving notice that the Secretary www.regulations.gov. Follow the closed to the public. of the Interior is extending the call for instructions for submitting comments. Between 11 a.m. and 1 p.m., the nominations for positions to the • E-mail: [email protected]. Include NSTAC will receive comments from Sonoran Desert National Monument docket number in the subject line of the government stakeholders, discuss the Advisory Council (SDNMAC). This message. work of the NSTAC’s Emergency notice request the public to submit • Mail: Office of the Manager, Communications and Interoperability nominations for membership on the National Communications System (N5), Task Force (ECITF), and discuss the SDNMAC. Any individual or Department of Homeland Security, work of the Telecommunications and organization may nominate one or more Washington, DC 20529. Electric Power Interdependency Task persons to serve on the SDNMAC. • Fax: 866–466–5370 Force (TEPITF). This portion of the Individuals may nominate themselves Instructions: All submissions received meeting will be open to the public. The for SDNMAC membership. must include the words ‘‘Department of meeting may be adjourned earlier if all DATES: Submit nomination packets to Homeland Security’’ and NCS–2006– business is concluded. the address listed below no later than 21 0009, the docket number for this action. Basis for Closure: The GIR discussion days after date of publication of this Comments received will be posted will likely involve sensitive notice in the Federal Register. without alteration at infrastructure information concerning FOR FURTHER INFORMATION CONTACT: www.regulations.gov, including any system threats and explicit physical/ Sonoran Desert National Monument personal information provided. cyber vulnerabilities related to current (SDNM) Advisory Council, c/o Karen Docket: For access to the docket to communications capabilities. Public Kelleher, Monument Manager, BLM, read background documents or disclosure of such information would Phoenix District, 21605 North 7th comments received by the NSTAC, go to heighten awareness of potential Avenue, Phoenix, Arizona 85027, Phone http://www.regulations.gov. vulnerabilities and increase the 623–580–5500, FAX 623–580–5580, e- FOR FURTHER INFORMATION CONTACT: Ms. likelihood of exploitation by terrorists mail: [email protected]. Kiesha Gebreyes, Chief, Industry or other motivated adversaries. Pursuant Nomination packets are available for Operations Branch at (703) 235–5525, e- to Section 10(d) of the Federal Advisory download at the BLM Internet site: mail: [email protected] or write Committee Act, Public Law 92–463, as http://www.blm.gov/az/sonoran/

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council.htm, or from the SDNM, BLM • A person who represents the rural Designated Federal Official with respect (see address listed above). communities around the Monument and to the Council. The charter requires the SUPPLEMENTARY INFORMATION: The who is selected at-large from these SDNMAC to meet no less than 2 times purpose of the SDNMAC is to advise the communities; per year. • Two persons who represent BLM on the management of the Sonoran Karen Kelleher, Desert National Monument as described sciences such as wildlife biology, in the Secretary of the Interior’s January archaeology, ecology, botany, history, Sonoran Desert National Monument Manager, social sciences, or other applicable Phoenix District of the Bureau of Land 19, 2001, Memorandum. Each member Management. will be a person qualified through disciplines; • [FR Doc. E6–21482 Filed 12–15–06; 8:45 am] education, training, knowledge, or A person who represents Maricopa experience to give informed and County’s interests, to be appointed from BILLING CODE 4310–32–P objective advice regarding the purposes nominees submitted by the Supervisors of Maricopa County; for which the Monument was • DEPARTMENT OF THE INTERIOR established, have demonstrated A person who represents Pinal County’s interests, to be appointed from experience or knowledge of the Bureau of Land Management geographical area under the purview of nominees submitted by the Supervisors the Council, and have demonstrated a of Pinal County; and • [AK–932–1410–FQ; F–012027, F–013539] commitment to collaborate in seeking A person who represents the State solutions to a wide spectrum of resource of Arizona, to be appointed from nominees submitted by the Governor of Public Land Order No. 7673; Partial management issues. The authority to Revocation of Public Land Order No. establish this Council is found in Arizona. You should identify the specific 1396, and Revocation of Public Land Section 309 of the Federal Land Policy category that the nominee will represent Order No. 1996; Alaska and Management Act, Public Law 94– in your letter of nomination. The 579 and in Section 14(b) of the Federal SDNM, BLM will collect the AGENCY: Bureau of Land Management, Advisory Committee Act, 5 U.S.C. nomination forms and letters of Interior. Appendix. reference and distribute them to the ACTION: Public Land Order. To make a nomination, submit a officials responsible for recommending completed nomination form, letters of nominees. BLM will then forward SUMMARY: This order revokes two public reference from the represented interests recommended nominations to the land orders insofar as they affect 118.60 or organizations, as well as any other Secretary of the Interior, who has acres of public lands withdrawn from information that speaks to the responsibility for making the surface entry, mining, and mineral nominee’s qualifications, to the SDNM, appointments. leasing and reserved for use by the Bureau of Land Management (see Members of the SDNMAC serve for 3- Department of the Air Force for military address above). Nominees must reside year terms. For the initial Council, five purposes at Fort Yukon. The lands are in Arizona or those portions of members will be appointed to 2-year no longer needed for the purpose for adjoining states which the BLM in terms, five members will be appointed which they were withdrawn. Arizona administers (including St. for 3 years, and five members will be EFFECTIVE DATE: December 18, 2006. George, Utah). The Secretary will appointed for 4 years. Thereafter, appoint 15 members to the Council. The ADDRESSES: Alaska State Office, Bureau members of the SDNMAC will be of Land Management, 222 W. Seventh Council shall consist of the following: appointed to 3-year terms. One Native • Four persons, one from each tribe, Avenue, #13, Anchorage, Alaska, American position, the elected official 99513–7599. who are selected from nominees from a local community, the State of submitted by the governing bodies of Arizona position, the livestock FOR FURTHER INFORMATION CONTACT: the following tribes: Tohono O’odham permittee position, and one science Terrie D. Evarts, Bureau of Land Nation, AK Chin Indian Community, position will be 2-year terms that will Management, Alaska State Office, 222 Gila River Indian Community, and Salt expire 2 years from the date of W. Seventh Avenue, #13, Anchorage, River Pima-Maricopa Indian appointment to the Council by the Alaska 99513–7599, 907–271–5630. Community, and who represent Secretary. The mechanized recreation SUPPLEMENTARY INFORMATION: The lands interests of the nominating tribe; have been conveyed out of Federal • A person who represents and position, the Arizona environmental ownership pursuant to Public Law 107– participates in what is commonly called organization position, the Pinal County dispersed recreation, such as hiking, representative, and two of the Native 117 (115 Stat. 2277). This revocation is camping, hunting, nature viewing, American positions will be 3-year terms for record-clearing purposes only. and will expire 3 years from the date of nature photography, bird watching, Order horseback riding, or trail walking; appointment to the Council by the • A person who represents and Secretary. The non-mechanized By virtue of the authority vested in participates in what is commonly called recreation position, the fourth Native the Secretary of the Interior by Section mechanized recreation or off-highway American position, the second science 204 of the Federal Land Policy and driving; position, the rural at-large position, and Management Act of 1976, 43 U.S.C. • A person who is a recognized the Maricopa County representative will 1714 (2000), it is ordered as follows: environmental representative from be 4-year terms and will expire 4 years Public Land Order No. 1396 (22 FR Arizona; from the date of appointment to the 1637, March 14, 1957), and Public Land • A person who is an elected official Council by the Secretary. Members will Order No. 1996 (24 FR 7956, October 2, from a city or community in the vicinity serve without monetary compensation, 1959), which withdrew public lands of the Monument; but will be reimbursed for travel and per and reserved them for use of the • A person who is a livestock grazing diem expenses at current rates for Department of the Air Force for military permittee or who represents the Government employees. The SDNMAC purposes, are hereby revoked insofar as permittees on the allotments within the will meet only at the call of the they affect the following described Monument; Monument Manager, who is the lands:

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Fairbanks Meridian Supervisory Realty Specialist at (702) extensive collaboration and partnership U.S. Survey No. 7008, Lot 1, and U.S. 515–5082. You may also call (702) 515– with the City of Henderson, MHLLC has Survey No. 7161, Lots 26 and 27, located 5000 and ask to have your call directed agreed to provide extensive off-site within to a member of the Sales Team. utility and roadway improvements in T. 20 N., R. 12 E. SUPPLEMENTARY INFORMATION: The land excess of $30 million. MHLLC will be The areas described aggregate 118.60 acres. is located in the City of Henderson, responsible for financing and constructing all infrastructure Dated: November 21, 2006. Nevada, and there is no physical and legal access to the parcels. improvements including major roadway C. Stephen Allred. improvements and a new fire station, Assistant Secretary—Land and Minerals Land Proposed for Sale: public parking garage and convention Management. Mount Diablo Meridian, Nevada center, and a public park. [FR Doc. E6–21467 Filed 12–15–06; 8:45 am] T. 23 S., R. 61 E., Federal regulations governing sales of BILLING CODE 4310–JA–P Section 9, S1⁄2SE1⁄4NW1⁄4NW1⁄4 and lands at 43 CFR 2711.3–3 state that (a) Nl⁄2SWl⁄4SEl⁄4NWl⁄4. ‘‘Direct sales (without competition) may The lands described above contain 10.0 be utilized, when in the opinion of the DEPARTMENT OF THE INTERIOR acres, more or less. authorized officer, a competitive sale is not appropriate and the public interest Bureau of Land Management The City of Henderson wishes to address critical transportation needs would best be served by direct sale.’’ [NV–056–5853–EU; N–78219, 7–08807] Examples include, but are not limited to and further enhance the gateway to the a tract identified for sale that is an City by eliminating a truck stop and fuel Notice of Realty Action: Direct Sale of integral part of a project of public refilling facility adjacent to the St. Rose Public Lands in Clark County, NV importance and speculative bidding Parkway/Las Vegas Boulevard/Haven would jeopardize a timely completion AGENCY: Bureau of Land Management, road interchange. The City of and economic viability of the project, Interior. Henderson, by letters dated March 21, and circumstances where the adjoining ACTION: Notice of realty action. 2006 and April 17, 2006, has proposed ownership pattern and access indicate a that 10.0 acres of public lands be sold direct sale is appropriate.’’ SUMMARY: The Bureau of Land to M Holdings, LLC (MHLLC). Management (BLM) proposes to sell by Because MHLLC owns the adjacent Consistent with these goals and the City private parcels, controls access to the direct sale, two parcels of public land of Henderson’s approved development aggregating approximately 10.0 acres, Federal parcels, and is involved with a and design standards, MHLLC has larger master-planned project involving more or less, in the Las Vegas Valley, acquired, and is the owner of record for Nevada, within the City of Henderson in the City of Henderson, the authorized most of the remaining lands officer has concluded that a direct sale Clark County, to M Holdings, LLC. The surrounding the subject Federal parcels, sale will be under the authority of the is warranted. including the truck stop and related The proposed sale is consistent with Southern Nevada Public Land facilities. As such, MHLLC controls Management Act of 1998 (Public Law the BLM’s Las Vegas Resource physical and legal access to both Management Plan and would serve 105–263, 112 Stat. 2343), as amended, parcels, and MHLLC has worked important public objectives which (‘‘SNPLMA’’). The land will be offered cooperatively with the City of cannot be achieved prudently or noncompetitively as a direct sale in Henderson, including entering into feasibly elsewhere. The subject parcels accordance with the applicable appropriate transportation and access lack physical or legal access other than provisions of Sections 203 and 209 of agreements as part of an overall that owned and controlled by MHLLC the Federal Land Policy and redevelopment plan for the surrounding and they contain no other known public Management Act of 1976 (FLPMA) (43 land. The City of Henderson has applied values. The subject parcels have not U.S.C. 1713 and 1719), and the BLM’s for a lease and/or patent pursuant to the been identified for transfer to the State land sale and mineral conveyance authority of the Recreation and Public or any other local government or non- regulations at 43 CFR parts 2710 and Purposes Act of 1926, as amended, for profit organization and this action is 2720 at not less than the appraised Fair other public lands adjacent to the strongly supported by the City of Market Value (FMV) of the parcels. subject Federal parcels, in furtherance Henderson. The environmental DATES: Comments regarding the of this planned project. assessment, map, and approved proposed sale, including comments The project, known as the M Resort, appraisal report covering the proposed regarding the environmental assessment will be built at the southeast corner of sale are available for review at the BLM (EA), must be received by BLM on or Las Vegas Boulevard and St. Rose Las Vegas Field Office, Las Vegas, before February 1, 2007. Parkway. The master planned M. Resort Nevada (LVFO). ADDRESSES: Comments regarding the is to include the development of an Minerals from this parcel will be proposed sale should be addressed to: Urban Village with 1,900 condominium reserved in accordance with the BLM’s Field Manager, Las Vegas Field Office, units, retail space, a 5,000-seat approved Mineral Potential Report Bureau of Land Management, 4701 N. amphitheater, a fire station and a public dated January 22, 1999. Minerals to be Torrey Pines Drive, Las Vegas, Nevada park. The subject Federal parcels consist reserved to the United States are oil and 89130. of two 5-acre parcels. One of the parcels gas and all saleable minerals. More detailed information regarding will be incorporated into a public Acceptance of the offer to purchase will the proposed sale and the land parking garage that will support overall constitute an application for conveyance involved, including the environmental development. The second 5-acre parcel of the unreserved ‘‘no known value’’ studies and reports, may be reviewed will be included as a portion of the mineral interests. In conjunction with during normal business hours (7:30 a.m. proposed convention center adjacent to the final payment, the applicant for to 4:30 p.m.) at the BLM’s Las Vegas the planned hotel. Collectively, these unreserved ‘‘no known value’’ mineral Field Office (LVFO). parcels are integral components of the interests will be required to pay a FOR FURTHER INFORMATION CONTACT: You overall 72-acre development approved $50.00 non-refundable filing fee for may contact Anna Wharton, by the City of Henderson. Through processing the conveyance of the

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unreserved ‘‘no known value’’ mineral remedial action, or other actions related The BLM may accept or reject any or interest which will be sold in any manner to said solid or all offers to purchase any parcel, or may simultaneously with the surface hazardous substances or wastes; or (6) withdraw any parcel of land or interest interests. Natural resource damages as defined by therein from sale, if, in the opinion of Terms and Conditions of Sale: The Federal and State law. This covenant the authorized officer, consummation of BLM sale parcels are subject to the shall be construed as running with the the sale would not be fully consistent following, with those numbered to parcels of land patented or otherwise with the FLPMA or other applicable appear in the conveyance document and conveyed by the United States, and may laws or is determined to not be in the are as follows: be enforced by the United States in a public interest. 1. All saleable and oil and gas mineral court of competent jurisdiction. Additional Information: In order to deposits are reserved to the United 5. Pursuant to the requirements determine the appraised value of the States; but, permittees, licensees, and established by section 120(h) of the parcels of land proposed to be sold, lessees retain the right to prospect for, Comprehensive Environmental certain extraordinary assumptions may mine, and remove such minerals owned Response, Compensation and Liability have been made as to the attributes and by the United States under applicable Act, 42 U.S.C. 9620(h) (CERCLA), as limitations of the land and potential law and any regulations that the amended by the Superfund effects of local regulations and policies Secretary of the Interior may prescribe, Amendments and Reauthorization Act on potential future land uses. Through including all necessary access and exit of 1988, 100 Stat. 1670, notice is hereby publication of this NORA, the BLM rights. given that the above-described lands gives notice that these assumptions may 2. A right-of-way is reserved for have been examined and no evidence not be endorsed or approved by units of ditches and canals constructed by was found to indicate that any local government. It is the buyer’s authority of the United States under the hazardous substances have been stored responsibility to be aware of all Act of August 30, 1890 (43 U.S.C. 945). for one year or more, nor had any 3. The parcels are subject to valid applicable Federal, State, and local existing rights. hazardous substances been disposed of government policies, laws, and 4. The purchaser/patentee, by or released on the subject property. regulations that would affect the subject accepting a patent, covenants and agrees The parcels are subject to reservations lands, including any required to indemnify, defend, and hold the for road, public utilities and flood dedication of lands for public uses. It is United States harmless from any cost, control purposes, both existing and also the buyer’s responsibility to be damages, claims, causes of action, proposed, in accordance with the local aware of existing or projected use of penalties, fines, liabilities, and governing entities’ Transportation Plans. nearby properties. When conveyed out judgments of any kind or nature arising No warranty of any kind, express or of Federal ownership, the lands will be from the past, present, and future acts implied, is given by the United States as subject to any applicable reviews and or omissions of the patentee or their to the title, physical condition, or approvals by the respective unit of local employees, agents, contractors, or potential uses of the parcels of land government for proposed future uses, lessees, or any third-party, arising out of proposed for sale, and the conveyance and any such reviews and approvals or in connection with the patentee’s use, of any such parcels will not be on a will be the responsibility of the buyer. occupancy, or operations on the contingency basis. However, to the Any land lacking access from a public patented real property. This extent required by law, all such parcels road or highway will be conveyed as indemnification and hold harmless are subject to the requirements of such, and future access acquisition will agreement includes, but is not limited section 120(h) of the CERCLA. be the responsibility of the buyer. to, acts and omissions of the patentee Parcels may also be subject to Public Comments: The BLM Field and their employees, agents, applications received prior to Manager, Las Vegas Field Office, 4701 contractors, or lessees, or any third publication of this NORA if processing North Torrey Pines Drive, Las Vegas, party, arising out of or in connection the application would have no adverse Nevada 89130 will receive the with the use and/or occupancy of the affect on the marketability or on the comments of the general public and patented real property which has federally approved Fair Market Value interested parties up to 45 days after already resulted or does hereafter result (FMV) of a parcel. Encumbrances of publication of this Notice in the Federal in: (1) Violations of Federal, State, and record, appearing in the BLM public Register. Facsimiles, telephone calls, local laws and regulations that are now files for the parcels proposed for sale, and electronic mail are unacceptable or may in the future become, applicable are available for review during business means of comment submission and to the real property; (2) Judgments, hours, 7:30 a.m. to 4:30 p.m., Monday would not be considered as properly claims or demands of any kind assessed through Friday, at the BLM LVFO. filed. Any adverse comments on the sale against the United States; (3) Costs, Maps delineating the individual or EA will be reviewed by the State expenses, or damages of any kind proposed sale parcels are available for Director, who may sustain, vacate, or incurred by the United States; (4) public review at the BLM LVFO along modify this realty action in whole or in Releases or threatened releases of solid with the appraisal. part. In the absence of any adverse or hazardous waste(s) and/or hazardous Upon acceptance of the offer to comments this realty action will become substance(s), as defined by Federal or purchase, MHLLC will submit 20% of the final determination of the State environmental laws; off, on, into, the FMV, which has been determined to Department of the Interior. Any or under land, property, and other be $13,500,000, to the BLM, Las Vegas comments received during this process, interests of the United States; (5) Field Office, 4701 North Torrey Pines as well as the commenter’s name and Activities by which solid waste or Drive, Las Vegas, NV, 89130. Within 180 address, will be available to the public hazardous substances or waste, as days following payment of the deposit, in the administrative record and/or defined by Federal and State MHLLC will remit the balance of the pursuant to a Freedom of Information environmental laws are generated, FMV to BLM in the form of a certified Act request. You may indicate for the released, stored, used, or otherwise check, money order, bank draft, or record that you do not wish to have disposed of on the patented real cashier’s check made payable to the your name and/or address made property, and any cleanup response, order of the BLM. available to the public.

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Any determination by the BLM to creek and its floodplain have been tavern remnants; Removal of utility release or withhold the names and/or extensively modified by realignment of lines; Removal of concrete channels and addresses of those who comment will be the creek; construction of Pacific Way revetment; Modification to Green Gulch made on a case-by case basis. A request and the Pacific Way bridge, a levee road field 7. The main differences between from a commenter to have their name that borders the creek, and the NPS the action alternatives is the approach and/or address withheld from public parking lot and picnic area; and by which ecological restoration would release will be honored to the extent placement of gabions and other artificial occur. permissible by law. fill in the creek channel and on its Alternative 3 would combine riparian Authority: 43 C.F.R. 2711.1–2. floodplain. Combined, these restoration components with restoration modifications to the creek and its of open water and wetland habitants. Dated: October 12, 2006. floodplain have altered channel Two open-water lagoons would be Juan Palma, hydraulics and reduced its sediment created, one on either side of the new Field Manager. transport capacity, resulting in extreme channel. The two small lagoons would [FR Doc. E6–21469 Filed 12–15–06; 8:45 am] sediment deposition in the creek be backwaters, connected to the creek BILLING CODE 4310–HC–P channel and reduction in channel near the downstream end of each capacity. Under current conditions, the lagoon. The banks of the lagoons would creek floods during even moderate rain have varied slopes to favor a variety of DEPARTMENT OF THE INTERIOR events, inundating Pacific Way, habitats. The lagoons would maintain a stranding residents, and hindering minimum water depth of 3–4 feet year- National Park Service access to the public beach. In the round. Alternative 4 would create a Draft Environmental Impact Statement/ winter, residents along Pacific Way periodically brackish open-water habitat Environmental Impact Report for often cannot access Highway 1, the sole similar to historic (1853) conditions, Redwood Creek and Wetland connecting road, because floodwaters modified to reflect existing constraints Restoration at Big Lagoon-Muir Beach commonly prevent passage by vehicles of Pacific Way and private property. Area Golden Gate National Recreation and pedestrians. This lack of access This would involve creating a large Area Marin County, CA; Notice of severely limits emergency services. lagoon with fringing wetlands extending Availability In addition to the flooding, current to the edge of the valley immediately conditions in lower Redwood Creek landward of Muir Beach. The lagoon Summary: Pursuant to § 102(2)(C) of present a risk of channel avulsion, in would be excavated with gentle side the National Environmental Policy Act which the creek could abandon its slopes to encourage colonization of of 1969 (Pub. L. 91–190, 42 U.S.C. existing channel and establish a new emergent wetland vegetation. Like the 4321–4347, January 1, 1970, as channel in the floodplain. Avulsion of small lagoons under Alternative 3, the amended), and the Council on the channel to the adjacent meadow, large lagoon would maintain a Environmental Quality Regulations (40 which is several feet lower in elevation minimum water depth of 3–4 feet year- CFR parts 1500 through 1508), the than the channel bed, could impair round. National Park Service, Department of passage of adult and juvenile coho Alternative 2 (Creek Restoration) the Interior, has prepared a Draft salmon and steelhead through the lower (agency-preferred alternative) would Environmental Impact Statement/Draft creek and could have undetermined involve relocating approximately 2,000 Environmental Report (Draft EIS/EIR) consequences to infrastructure. linear feet of Redwood Creek to the for the Wetland and Creek Restoration at GGNRA has determined that topographically lowest portion of the Big Lagoon. This Draft EIS/EIR evaluates restoration activities at the project site valley, while maintaining a habitat mix alternatives for ecological restoration are necessary to address these issues, similar to current conditions. In and public access upgrades in the Big GGNRA and the County have been addition to relocating Redwood Creek, Lagoon area at Muir Beach, part of the involved in an active planning process this alternative includes the following Golden Gate National Recreation Area to identify alternative restoration and two core elements: Parking—A parking (GGNRA). The National Park Service public access alternatives to address lot with capacity for 175 cars located (NPS) and County of Marin (County) these identified issues. parallel to Pacific Way. The lot would have jointly prepared the Draft EIS/EIR Proposal and Alternatives: As noted, include a new turn-off from Pacific Way in accordance with the National this Draft EIS/EIR describes and and would include 310 linear feet of Environmental Policy Act (NEPA) and analyzes four alternatives. Alternative 1, stacking room for cars between the the California Environmental Quality the ‘‘baseline’’ No Action Alternative, entrance and the first parking stall. Act (CEQA). The Draft EIS/EIR analyzes would maintain the existing Other parking lot options considered in multiple alternatives for ecological management direction. Alternatives 2, 3, the Draft EIS/EIR include: maintaining restoration, public access and 4 (action alternatives) contain the current capacity of 175 Cars at improvements, bridge replacement, and varying mixes of three main Beach; Alternative B1 (50 Cars at fill disposal locations. The alternatives components: (1) Ecological restoration; Beach); Alternative B2 (145 Cars at are based upon park values, effective (2) public access upgrades, including a Beach); Alternative B3 (175 Cars at restoration strategies and public access reconfiguration of the existing parking Beach—similar shape as existing lot); approaches, NPS and County policy, lot; and (3) replacement of the Pacific Alternative B5 (200 Cars at Beach); and and applicable law. Way Bridge. Each of the action Alternative C (118 Cars at Alder Grove Background: Redwood Creek is a alternatives incorporates the following plus 14 Handicapped Spaces and Drop- coastal stream located in Marin County, elements: Interim flood reduction Off at Beach). California. The project’s area of measures; Relocation of the Redwood Bridge Replacement—150-foot-long potential effect encompasses the lower Creek channel; Construction of new bridge with raised road. This bridge reach of Redwood Creek extending from drainage swale and upper pasture would span the new 35-foot-wide where the creek passes underneath modification; Backbeach lagoon channel and areas of riparian habitat Highway 1, to its mouth at the Pacific enhancement, channel realignment, and and flood plain on either side of the Ocean approximately 2,800 feet dune restoration; Removal of levee road; channel. Two-foot-wide piers, placed at downstream. Within this reach, the Invasive species removal; Removal of approximately 40-foot intervals, would

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be used to support the span. Other from GGNRA). Written comments will Regional Director, Pacific West Region. bridge alternatives considered in the be accepted online at http:// Subsequently, the official responsible Draft EIS/EIR include: Alternative BR1 parkplanning.nps.gov/goga (click on the for implementing the approved wetland (50-foot-long bridge with a raised road); project title and follow instructions), or and restoration plan will be the General Alternative BR2 (50-foot-long bridge by sending a letter addressed as follows: Superintendent, Golden Gate National with a low road); Alternative BR3 (150- Superintendent, Golden Gate National Recreation Area. foot-long bridge with raised road); and Recreation Area, Fort Mason, Building Dated: October 3, 2006. Alternative BR4 (266- to 300-foot-long 201, San Francisco, CA 94123 (Attn: Patricia L. Neubacher, bridge with highest road). Muir Beach Creek and Wetland Scoping and Public Involvement: Restoration). Two public meetings will Acting Regional Director, Pacific West Region. Between December 2002 and December be scheduled to hear comments on the [FR Doc. 06–9748 Filed 12–15–06; 8:45 am] 2004, 17 public meetings were held, as Draft EIS/EIR, approximately 30 days BILLING CODE 4312–FN–M well as a variety of site visits and after publication of this notice in the meetings with representatives of various Federal Register. Please visit the project agencies. On December 3, 2002, a Notice Web site (noted above) to learn more DEPARTMENT OF THE INTERIOR of Intent (NOI) to prepare an about the project, planning process, and Bureau of Reclamation Environmental Impact Statement was the confirmed dates and time for the published in the Federal Register, public meetings. Questions regarding New Melones Lake Project Resource beginning the formal scoping process for this project may also be directed at any Management Plan/Environmental the project. The NOI identified goals for time to Steve Ortega (415) 561–4841 or Impact Statement (RMP/EIS), Calaveras _ the project, and public scoping meetings via e-mail at steve [email protected]. and Tuolumne Counties, CA were held on October 22, October 29, All comments are maintained in the and November 2, 2002, with a site visit administrative record and will be AGENCY: Bureau of Reclamation, for the public held on November 9, available for public review at GGNRA Interior. 2002, to solicit input on the project and headquarters. Please note our practice is ACTION: Notice of intent to prepare an its potential impacts. Following these to make comments, including names, RMP/EIS and notice of public meetings. meetings, a Big Lagoon Working Group home addresses, home phone numbers, consisting of interested individuals, and e-mail addresses of respondents, SUMMARY: Pursuant to the National agencies, and organizations was formed available for public review. Individual Environmental Policy Act (NEPA), the to help develop project alternatives. The respondents may request that we Reclamation Act of 1902, the working group convened regularly in withhold their names and/or home Reclamation Project Act of 1939, and meetings that were open to the public. addresses, etc., but if you wish us to the Reclamation Recreation In addition, two alternatives workshops consider withholding this information Management Act of 1992, the Bureau of were held for the public on September you must state this prominently at the Reclamation (Reclamation) proposes to 30 and October 4, 2003. The results of beginning of your comments. In prepare an integrated RMP/EIS for the those workshops, as well as a more addition, you must present a rationale New Melones Lake Project. Reclamation detailed summary of the scoping for withholding this information. This is the lead federal agency for NEPA. The process, are presented in the rationale must demonstrate that RMP process is designed to evaluate Alternatives Public Workshops Report disclosure would constitute a clearly current and future resource conditions (NPS 2004). Finally, Marin County unwarranted invasion of privacy. for a management area and to analyze circulated a Notice of Preparation of an Unsupported assertions will not meet whether updated or new management Environmental Impact Report on April this burden. In the absence of actions are necessary to attain desired 27, 2004, soliciting comments on the exceptional, documentable long-term goals. specific issues to be included in the circumstances, this information will be scope of CEQA environmental review. released. We will always make The public is invited to participate in All of these activities informed the submissions from organizations or the planning process by submitting alternatives formulation process. businesses, and from individuals comments during the scoping period Comments: Copies of the Draft EIS/ identifying themselves as and the public comment period on the EIR will be sent to affected Federal, representatives of or officials of draft RMP/EIS. Other opportunities to Tribal, State and local government organizations or businesses, available participate will be described during the agencies, to interested parties, and those for public inspection in their entirety. public scoping meetings. requesting copies. Paper and digital Decision Process: Following the DATES: Reclamation will host a series of copies (compact disc) of the document analysis of all comments received three public scoping meetings to solicit will also be available at park concerning the Draft EIS/EIR, at this input on the development of headquarters and at local libraries. The time it is anticipated that the Final EIS/ alternatives, concerns, and issues to be complete document will be posted on EIR would be completed in spring 2007. addressed in the RMP/EIS. The meeting the GGNRA’s Web site (http:// The availability of the final documents dates and times are: www.nps.gov/goga) and on NPS’s will be announced in the Federal • Monday, January 29, 2007, 6:30 to Planning, Environment and Public Register, and also publicized via local 8:30 p.m., Sonora, CA, Comment Web site (http:// and regional press media, direct • Tuesday, January 30, 2007, 6:30 to parkplanning.nps.gov/goga). All written mailings, and Web site postings. Not 8:30 p.m., Angels Camp, CA, comments must be postmarked or sooner than thirty days after the • Wednesday, January 31, 2007, 6:30 transmitted no later than 75 days from distribution of the Final EIS/EIR, a to 8:30 p.m., Manteca, CA. the date of EPA’s notice of filing Record of Decision may be executed (at published in the Federal Register (as this time it is anticipated a ADDRESSES: Scoping meetings will be soon as this occurs, the confirmed close recommended decision would be held at: of the comment period will be posted on developed in summer 2007). As a • Sonora at the Sonora Union High the Web sites noted above, and listed in delegated EIS the approving official School Cafeteria, 251, South Barretta all notification announcements sent responsible for the final decision is the Street, Sonora, CA,

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• Angels Camp at the Brett Harte This list is not exhaustive and may organizations or businesses, available High School Library, 323 South Main, increase or change as a result of public for public inspection in their entirety. Angels Camp, CA, response during the scoping period. Michael Nepstad, • Manteca at the Manteca High School Cafeteria, 450 East Yosemite Additional Information Acting Regional Environmental Officer, Mid- Pacific Region. Avenue, Manteca, CA. Persons needing reasonable [FR Doc. E6–21471 Filed 12–15–06; 8:45 am] Written comments on the scope of the accommodations in order to attend and BILLING CODE 4310–MN–P proposed RMP/EIS should be sent by participate in the public meeting should close of business on February 16, 2007 contact Ms. Vasquez as soon as possible. to: Ms. Elizabeth Vasquez, Natural In order to allow sufficient time to DEPARTMENT OF JUSTICE Resource Specialist, Central California process requests, please call no later Area Office, U.S. Bureau of than one week before the meeting. Office of Justice Programs Reclamation, 7794 Folsom Dam Road, Information regarding this proposed Folsom, CA 95630, or e-mail to [OMB Number 1121–0094] [email protected]. action is available in alternative formats upon request. Agency Information Collection FOR FURTHER INFORMATION CONTACT: Ms. Activities: Proposed Collection; Elizabeth Vasquez at 916–989–7192. During the meetings, Reclamation representatives will present an overview Comments Requested SUPPLEMENTARY INFORMATION: In 1976, of the project. Those attending the during planning for construction of the ACTION: 30-Day notice of information meeting will have the opportunity to New Melones Dam, a master plan was collection under review: created to manage the various resources submit comments, which Reclamation available at New Melones Lake. This will consider in the development of Reinstatement of a previously plan and a subsequent 1995 draft alternatives and for analysis of approved collection for which approval resource management plan do not fulfill environmental issues that should be has expired: the need for resource management addressed in the RMP and EIS. The Annual Survey of Jails. planning, due to the age of the (Additional coordination meetings can The Department of Justice (DOJ), documents, changes in visitor use over be arranged with responsible/ Office of Justice Programs, Bureau of the last 30 years, and the accumulation cooperating agencies and with special Justice Statistics has submitted the of more complete information about the interest groups upon request.) following information collection request various resources managed by to the Office of Management and Budget Letters describing the proposed action (OMB) for review and approval in Reclamation as part of the New Melones and soliciting comments will be sent to Lake Project. accordance with the Paperwork the appropriate federal, state, and local Reduction Act of 1995. The proposed The RMP process is designed to agencies and to private organizations information collected is published to evaluate current and future resource and citizens who have expressed an obtain comments from the public and conditions for a management area and to interest or who are known to have an affected agencies. The proposed analyze whether updated or new interest in this proposal. information collected was previously management actions are necessary to published in the Federal Register attain desired long-term goals. All Comments received in response to Volume 71, Number 200, page 61071, on proposed management actions will be this notice will become part of the October 17, 2006, allowing a 30 day incorporated into a single document administrative record and are subject to comment period. The purpose of this that will guide management of public inspection. Our practice is to notice is to allow for an additional 30 biological, social, and physical make comments, including names, days for public comment until January resources and, when implemented, will home addresses, home phone numbers, 17, 2007. This process is conducted in result in the desired conditions for the and email addresses of respondents, accordance with 5 CFR 1320.10. management area. The associated EIS available for public review. Individual Written comments and/or suggestions will assess the potential effects of respondents may request that we regarding the items contained in this current management actions as well as withhold their names and/or home notice, especially the estimated public those proposed under the action addresses, etc., but if you wish us to burden or associated response time, alternatives. The final RMP/EIS will consider withholding this information, should be directed to The Officer of reflect the alternative that is deemed you must state this prominently at the Management and Budget, Officer of most preferable given the range of beginning of your comments. In Information and Regulatory Affairs, resources to be managed and the addition, you must present a rationale Attention Department of Justice Desk management tools available to for withholding this information. This Officer, Washington DC 20503. Reclamation. rationale must demonstrate that Additionally, comments may be Reclamation has developed a disclosure would constitute a clearly submitted to OMB via facsimile to (202) preliminary list of management issues to unwarranted invasion of privacy. 395–7285. be addressed in the RMP/EIS. These Unsupported assertions will not meet Request written comments and items include: • this burden. In the absence of suggestions from the public and affected Public health and safety; agencies concerning the proposed • exceptional, documentable Recreational use; collection of information are • circumstances, this information will be Interest groups; released. We will always make encouraged. Your comments should • Traffic and transportation; submissions from organizations or address one or more of the following • Cultural and archaeological businesses, and from individuals four points: resources; identifying themselves as (1) Evaluate whether the proposed • Land use, including historic and representatives or officials of collection of information is necessary proposed rights-of-way; and for the proper performance of the • Sensitive species and habitats. functions of the agency, including

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whether the information will have Department of Justice, Justice —Enhance the quality, utility, and practical utility; Management Division, Policy and clarity of the information to be (2) Evaluate the accuracy of the Planning Staff, Patrick Henry Building, collected; and agency’s estimate of the burden of the Suite 1600, 601 D Street NW., —Minimize the burden of the collection proposed collection of information, Washington, DC 20530. of information on those who are to including the validity of the Dated: December 12, 2006. respond, including through the use of methodology and assumptions used; (3) Enhance the quality, utility and Lynn Bryant, appropriate automated, electronic, clarity of the information to be Department Clearance Officer, PRA, mechanical, or other technological collected; and Department of Justice. collection techniques or other forms (4) Minimize the burden of the [FR Doc. E6–21478 Filed 12–15–06; 8:45 am] of information technology, e.g., collection of information on those who BILLING CODE 4410–18–P permitting electronic submission of are to respond, including through the responses. use of appropriate automated, Overview of This Information electronic, mechanical, or other DEPARTMENT OF JUSTICE Collection technological collection techniques or Office of Justice Programs other forms of information technology, (1) Type of Information Collection: e.g. permitting electronic submission of [OMB Number 1121–NEW] Existing collection in use without OMB responses. Agency Information Collection control number. Overview of This Information Activities: Existing Collection in Use (2) Title of the Form/Collection: Collection Without OMB Control Number; Survey of State Criminal History (1) Type of information collection: Comments Requested Information Systems. Revision of a currently approved (3) Agency form number, if any, and ACTION: 60-Day notice of information collection. the applicable component of the (2) The title of the Form/Collection: collection under review: Survey of state criminal history information systems. Department of Justice sponsoring the The Annual Survey of Jails (ASJ). collection: Not applicable. (3) Agency form number, if any, and The Department of Justice (DOJ), the applicable component of the (4) Affected public who will be asked Office of Justice Programs, Bureau of Department of Justice sponsoring the or required to respond, as well as a brief Justice Statistics (BJS), has submitted collection: Form Number: CJ–5, CJ–5A, abstract: Primary: State Government. the following information collection CJ–5B, and CJ–5B Addendum. Bureau of This information collection is a survey request to the Office of Management and Justice Statistics, Office of Justice of State record repositories to estimate Budget (OMB) for review and approval Programs, United States Department of the percentage of total state records that in accordance with the Paperwork Justice. are immediately available through the Reduction Act of 1995. The proposed (4) Affected public who will be asked FBI’s Interstate Identification Index and to respond, as well as a brief abstract: information collection is published to obtain comments from the public and the percentage of records that are Primary: County and City jail authorities complete and fingerprint-supported. and Tribal authorities. This form is the affected agencies. Comments are only collection effort that provides an encouraged and will be accepted for (5) An estimate of the total number of ability to maintain important jail ‘‘sixty days’’ until February 16, 2007. respondents and the amount of time statistics in years between jail censuses. This process is conducted in accordance estimated for an average respondent to The ASJ enables the Bureau; Federal, with 5 CFR 1320.10. respond: It is estimated that 53 State, and local correctional If you have comments especially on respondents will expend approximately administrators; legislators; researchers; the estimated public burden or 3 hours to complete the survey once and planners to track growth in the associated response time, suggestions, every two years. or need a copy of the proposed number of jails and their capacities (6) An estimate of the total public nationally; as well as, track changes in information collection instrument with instructions or additional information, burden (in hours) associated with the the demographics and supervision collection: There are an estimated 159 status of jail population and the please contact Gerard Ramker, Bureau of Justice Statistics, 810 Seventh St., NW., total annual burden hours associated prevalence of crowding. with this collection. (5) An estimate of the total number of Washington, DC 20531. respondents and the amount of time Written comments and suggestions If additional information is required estimated for an average respondent to from the public and affected agencies contact: Lynn Bryant, Department respond: Nine hundred and forty-five concerning the proposed collection of Clearance Officer, United States respondents each taking an average 75 information are encouraged. Your Department of Justice, Justice minutes to respond for collection forms comments should address one or more Management Division, Policy and CJ–5, CJ–5A, and CJ–5B. Sixty-eight of the following four points: Planning Staff, Patrick Henry Building, respondents each taking an average of —Evaluate whether the proposed Suite 1600, 601 D Street, NW., 30 minutes to respond for collection collection of information is necessary Washington, DC 20530. for the proper performance of the form CJ–5B Addendum. Dated: December 12, 2006. (6) An estimate of the total public functions of the agency, including burden (in hours) associated with the whether the information will have Lynn Bryant, collection: There are an estimated 1,215 practical utility; Department Clearance Officer, Department of annual total burden hours associated —Evaluate the accuracy of the agencies Justice. with the collection. estimate of the burden of the [FR Doc. E6–21481 Filed 12–15–06; 8:45 am] If additional information is required proposed collection of information, BILLING CODE 4410–18–P contact: Lynn Bryant, Department including the validity of the Clearance Officer, United States methodology and assumptions used;

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DEPARTMENT OF JUSTICE permitting electronic submission of Dated: December 12, 2006. responses. Lynn Bryant, Office of Justice Programs Department Clearance Officer, Department of Overview of This Information [1121–NEW] Justice. (1) Type of Information Collection: [FR Doc. E6–21483 Filed 12–15–06; 8:45 am] Agency Information Collection Reinstatement, with change, of a BILLING CODE 4410–18–P Activities: Proposed Collection; previously approved collection for Comments Requested which approval has expired. 2007 Survey of Public Defenders Offices. NUCLEAR REGULATORY ACTION: 60-Day notice of information COMMISSION collection under review: Reinstatement (2) The Title of the Form/Collection: with change of a previously approved 2007 Survey of Public Defenders [Docket No. 030–04794] collection; 2007 survey of public Offices. Notice of Environmental Assessment defenders offices. (3) The Agency Form Number, if any, Related to the Issuance of a License The Department of Justice (DOJ), and the Applicable Component of the Amendment to Byproduct Material Office of Justice Programs, Bureau of Department Sponsoring the Collection: License No. 21–01443–06, for Justice Statistics, has submitted the Previous OMB number was 1121–0095. Unrestricted Release of a Former following information collection request The agency form numbers are 06–SPDO Facility for Warner-Lambert, LC., Ann to the Office of Management and Budget Form–A and 06–SPDO Form–B. Bureau Arbor, MI of Justice Statistics, Office of Justice (OMB) for review and approval in AGENCY: Nuclear Regulatory accordance with the Paperwork Programs, United States Department of Commission. Reduction Act of 1995. The proposed Justice. ACTION: Issuance of Environmental information collection is published to (4) Affected Public Who Will be Asked Assessment and Finding of No obtain comments from the public and or Required to Respond, as well as a Significant Impact for License affected agencies. Comments are Brief Abstract: Primary: All State- and Amendment. encouraged and will be accepted for locally-funded attorneys serving as the ‘‘sixty days’’ until February 16, 2007. head public defender for a county, city, FOR FURTHER INFORMATION CONTACT: This process is conducted in accordance or judicial district. Other: None. This William Snell, Senior Health Physicist, with 5 CFR 1320.10. Decommissioning Branch, Division of If you have additional comments, nationwide information collection will identify the number and characteristics Nuclear Materials Safety, Region III, especially on the estimated public U.S. Nuclear Regulatory Commission, burden or associated response time, of state- and county-funded public defender offices. Information will be 2443 Warrenville Road, Lisle, Illinois suggestions, or need a copy of the 60532; telephone: (630) 829–9871; fax gathered on type of offenses proposed information collection number: (630) 515–1259; or by e-mail at represented, expenditures, caseloads, instrument with instructions or [email protected]. additional information, please contact: training requirements, funding sources, SUPPLEMENTARY INFORMATION: The U.S. Lynn Langton, (202) 353–3328, Bureau reliance on outside legal services, and Nuclear Regulatory Commission (NRC) of Justice Statistics, Office of Justice other related administrative issues. The is considering the issuance of an Programs, Department of Justice, 810 information collected will provide a amendment to NRC Byproduct Materials Seventh Street, NW., Washington, DC comprehensive portrait of state and License No. 21–01443–06, which is held 20531 or [email protected]. local efforts to meet the needs of Written comments and suggestions by Warner-Lambert, LLC (licensee), indigent criminal defendants through which is a wholly owned subsidiary of from the public and affected agencies designated public defender offices. concerning the proposed collection of Pfizer, Inc. The amendment would information are encouraged. Your (5) An Estimate of the Total Number authorize the decommissioning and comments should address one or more of Respondents and the Amount of Time unrestricted release of the licensee’s of the following four points: Estimated for an Average Respondent to former Traverwood facility located at 2900 Huron Parkway, Ann Arbor, —Evaluate whether the proposed Respond: An estimated 1,400 public Michigan (the facility). The NRC has collection of information is necessary defender offices will complete a 1-hour prepared an Environmental Assessment for the proper performance of the questionnaire (06–SPDO Form–A). in support of this action in accordance functions of the agency, including (6) An Estimate of the Total Public with the requirements of 10 CFR Part whether the information will have Burden (in hours) Associated with the 51. Based on the Environmental practical utility; collection: The estimated public burden Assessment, the NRC has determined —Evaluate the accuracy of the agency’s associated with this collection is 1,400 estimate of the burden of the that a Finding of No Significant Impact hours. (1,400 data collection forms is appropriate. The amendment to proposed collection of information, completed by each public defender including the validity of the Warner-Lambert’s license will be issued office * one hour per form = 1,400 following the publication of this methodology and assumptions used; burden hours). —Enhance the quality, utility, and Environmental Assessment and Finding clarity of the information to be If additional information is required of No Significant Impact. collected; and contact: Lynn Bryant, Department I. Environmental Assessment —Minimize the burden of the collection Clearance Officer, United States of information on those who are to Department of Justice, Justice Identification of Proposed Action respond, including through the use of Management Division, Policy and The proposed action would approve appropriate automated, electronic, Planning Staff, Patrick Henry Building, Warner-Lambert’s request to amend its mechanical, or other technological Suite 1600, 601 D Street, NW., license and release the licensee’s facility collection techniques or other forms Washington, DC 20530. for unrestricted use in accordance with of information technology, e.g., 10 CFR Part 20, Subpart E. The

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proposed action is in accordance with Environmental Impact Statement in indicating that the State had no the licensee’s request to the U.S. Support of Rulemaking on Radiological comments regarding the NRC Nuclear Regulatory Commission (NRC) Criteria for License Termination of NRC- Environmental Assessment for the to amend its license by letter dated Licensed Nuclear Facilities’’ (NUREG– release of the Warner-Lambert, August 31, 2006 (ADAMS Accession 1496). Additionally, no non-radiological Traverwood facility . No. ML062440517). Warner-Lambert or cumulative impacts were identified. was first licensed to use byproduct Therefore, the NRC has determined that II. Finding of No Significant Impact materials at its Traverwood facility on the proposed action will not have a On the basis of the EA in support of June 27, 2000. The licensee is significant effect on the quality of the the proposed license amendment to authorized to use byproduct materials human environment. release the facility for unrestricted use, for activities involving in-vitro Alternatives to the Proposed Action the NRC has determined that the biochemical research. Hydrogen-3 and proposed action will not have a The only alternative to the proposed carbon-14 were the only two isotopes significant effect on the quality of the action is to take no action. Under the with a half-life greater than 120 days human environment. Thus, the NRC has no-action alternative, the licensee’s that were used at the facility in an not prepared an environmental impact facility would remain under an NRC unsealed form, and these were limited statement for the proposed action. to less than 25 millicuries at any one license and would not be released for time in the entire building. On May 17, unrestricted use. Denial of the license III. Further Information 2006, Warner-Lambert completed amendment request would result in no Documents related to this action, removal of licensed radioactive material change to current conditions at the including the application for from the Traverwood facility. Traverwood facility. The no-action The licensee conducted surveys of the alternative is not acceptable because it amendment and supporting facility as part of its decommissioning is inconsistent with 10 CFR 30.36, documentation, are available activities and provided this information which requires that decommissioning of electronically at the NRC’s Electronic to the NRC to demonstrate that the by-product material facilities be Reading Room at http://www.nrc.gov/ radiological condition there is completed and approved by the NRC reading-rm/adams.html. From this site, consistent with radiological criteria for after licensed activities cease. This you can access the NRC’s Agencywide unrestricted use in 10 CFR Part 20, alternative would impose an Document Access and Management Subpart E. No radiological remediation unnecessary regulatory burden in System (ADAMS), which provides text activities are required to complete the controlling access to the former and image files of NRC’s public proposed action. Traverwood facility, and limit potential documents. If you do not have access to benefits from the future use of the ADAMS, or if there are problems in Need for the Proposed Action facility. accessing the documents located in The licensee is requesting this license ADAMS, contact the NRC Public amendment because it has moved out of Conclusion Document Room (PDR) Reference staff the Traverwood facility, and is The NRC staff concluded that the at 1–800–397–4209, 301–415–4737, or conducting licensed activities at another proposed action is consistent with the by e-mail to [email protected]. location. The NRC is fulfilling its NRC’s unrestricted release criteria The documents and ADAMS responsibilities under the Atomic specified in 10 CFR 20.1402. Because accession numbers related to this notice Energy Act to make a decision on the the proposed action will not are: proposed action for decommissioning significantly impact the quality of the 1. Carol Lentz, Pfizer, Inc., letter to that ensures that residual radioactivity human environment, the NRC staff Patricia Pelke, U.S. Nuclear Regulatory is reduced to a level that is protective concludes that the proposed action is Commission, August 31, 2006 (ADAMS of the public health and safety and the the preferred alternative. Accession No. ML062440517). environment, and allows the facility to Agencies and Persons Consulted be released for unrestricted use. 2. U.S. Nuclear Regulatory The NRC staff has determined that the Commission, ‘‘Environmental Review Environmental Impacts of the Proposed proposed action will not affect listed Guidance for Licensing Actions Action species or critical habitats. Therefore, no Associated with NMSS Programs,’’ The NRC staff reviewed the further consultation is required under NUREG–1748, August 2003. information provided and surveys Section 7 of the Endangered Species 3. U.S. Nuclear Regulatory performed by the licensee to Act. Likewise, the NRC staff has Commission, ‘‘Generic Environmental demonstrate that the release of the determined that the proposed action is Impact Statement in Support of Traverwood facility is consistent with not a type of activity that has potential Rulemaking on Radiological Criteria for the radiological criteria for unrestricted to cause effect on historic properties. License Termination of NRC-Licensed use specified in 10 CFR 20.1402. Based Therefore, consultation under Section Nuclear Facilities,’’ NUREG–1496, on its review, the staff determined that 106 of the National Historic August 1994. there were no radiological impacts Preservation Act is not required. 4. NRC, NUREG–1757, ‘‘Consolidated associated with the proposed action The NRC consulted with the Michigan NMSS Decommissioning Guidance,’’ because no radiological remediation Department of Environmental Quality Volumes 1–3, September 2003. activities were required to complete the (DEQ). The Michigan DEQ, Waste and proposed action, and that the Hazardous Materials Division, Documents may also be viewed radiological criteria for unrestricted use Radiological Protection and Medical electronically on the public computers in § 20.1402 have been met. Waste Section was provided the draft located at the NRC’s PDR, O 1 F21, One Based on its review, the staff EA for comment on November 9, 2006. White Flint North, 11555 Rockville determined that the radiological Mr. Bob Skowronek, Chief, Radioactive Pike, Rockville, MD 20852. The PDR environmental impacts from the Material and Medical Waste Unit, with reproduction contractor will copy proposed action for the Traverwood the Michigan DEQ, responded to the documents for a fee. facility are bounded by the ‘‘Generic NRC by e-mail on November 13, 2006, For the Nuclear Regulatory Commission,

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Dated at Lisle, Illinois, this 5th day of consideration only for comments model SE will be finalized, and posted December 2006. received on or before this date. on the NRC Web page. Each amendment George M. McCann, ADDRESSES: Comments may be application made in response to the Acting Chief, Decommissioning Branch, submitted either electronically or via notice of availability will be processed Division of Nuclear Materials Safety, Region U.S. mail. and noticed in accordance with III. Submit written comments to: Chief, applicable NRC rules and procedures. [FR Doc. E6–21463 Filed 12–15–06; 8:45 am] Rules and Directives Branch, Division of This notice involves adding an action BILLING CODE 7590–01–P Administrative Services, Office of statement for two inoperable control Administration, Mail Stop: T–6 D59, room air conditioning subsystems. By U.S. Nuclear Regulatory Commission, letter dated September 8, 2006, the NUCLEAR REGULATORY Washington, DC 20555–0001. Hand BWROG proposed these changes for COMMISSION deliver comments to: 11545 Rockville incorporation into the STS as TSTF– Pike, Rockville, Maryland, between 7:45 477, Revision 3. These changes are Notice of Opportunity To Comment on a.m. and 4:15 p.m. on Federal workdays. accessible electronically from the Model Safety Evaluation and Model Submit comments by electronic mail to: Agency-wide Documents Access and License Amendment Request on [email protected]. Management System’s (ADAMS) Public Technical Specification Improvement Copies of comments received may be Electronic Reading Room on the Internet Regarding Adding an Action Statement examined at the NRC’s Public Document (ADAMS Accession No. ML062510321) for Two Inoperable Control Room Air Room, One White Flint North, Public at the NRC Web site http:// Conditioning Subsystems File Area O1–F21, 11555 Rockville Pike frwebgate.access.gpo.gov/cgi-bin/ leaving.cgi?from=leavingFR.html& AGENCY: Nuclear Regulatory (first floor), Rockville, Maryland. log=linklog&to=http://www.nrc.gov/ Commission. FOR FURTHER INFORMATION CONTACT: Peter C. Hearn, Mail Stop: O–12H2, reading-rm/adams.html. ACTION: Request for comment. Persons who do not have access to Division of Inspection and Regional ADAMS or who encounter problems in SUMMARY: Notice is hereby given that Support, Office of Nuclear Reactor accessing the documents located in the staff of the U.S. Nuclear Regulatory Regulation, U.S. Nuclear Regulatory ADAMS should contact the NRC Public Commission (NRC) has prepared a Commission, Washington, DC 20555– Document Room Reference staff by model license amendment request 0001, telephone (301) 415–1189. telephone at 1–800–397–4209, 301– (LAR), model safety evaluation (SE), and SUPPLEMENTARY INFORMATION: model proposed no significant hazards 415–4737, or by e-mail to [email protected]. consideration (NSHC) determination Background Applicability related to changes to Standard Regulatory Issue Summary 2000–06, These proposed changes will revise Technical Specification (STS) 3.7.5 ‘‘Consolidated Line Item Improvement Section 3.7.5 (Section 3.7.4 for BWR/6) (STS 3.7.4 for BWR/6), ‘‘Control Room Process [CLIIP] for Adopting Standard for the General Electric plants. Air Conditioning (AC) System’’ for Technical Specifications Changes for To efficiently process incoming NUREG–1433 and NUREG–1434. The Power Reactors,’’ was issued on March license amendment applications, the proposed changes would also revise the 20, 2000. The CLIIP is intended to NRC staff requests that each licensee Bases for STS 3.7.5 (STS 3.7.4 for BWR/ improve the efficiency and transparency applying for the changes addressed by 6). The General Electric Boiling Water of NRC licensing processes. This is TSTF–477, Revision 3, using the CLIIP Reactor Owners Group (BWROG) accomplished by processing proposed submit an LAR that adheres to the participants in the Technical changes to the STS in a manner that following model. Any variations from Specifications Task Force (TSTF) supports subsequent license amendment the model LAR should be explained in proposed these changes to the STS in applications. The CLIIP includes an the licensee’s submittal. Variations from TSTF–477, Revision 3, ‘‘Add an Action opportunity for the public to comment the approach recommended in this for Two Inoperable Control Room AC on proposed changes to the STS notice may require additional review by Subsystems.’’ following a preliminary assessment by the NRC staff, and may increase the time The purpose of these models is to the NRC staff and finding that the and resources needed for the review. permit the NRC to efficiently process change will likely be offered for Significant variations from the amendments to incorporate changes into adoption by licensees. This notice is approach, or inclusion of additional plant-specific Technical Specifications soliciting comments on a proposed changes to the license, will result in (TS) for General Electric Boiling Water change to the STS that adds an action staff rejection of the submittal. Instead, Reactors (BWR). Licensees of nuclear statement for two inoperable control licensees desiring significant variations power reactors to which the models room subsystems to the General Electric and/or additional changes should apply can request amendments BWR STS Revision 3.0 of NUREG–1433 submit a LAR that does not claim to conforming to the models. In such a and NUREG–1434. The CLIIP directs the adopt TSTF–477. request, a licensee should confirm the NRC staff to evaluate any comments applicability of the model LAR, model received for a proposed change to the Public Notices SE and NSHC determination to its plant. STS and to either reconsider the change This notice requests comments from The NRC staff is requesting comments or proceed with announcing the interested members of the public within on the model LAR, model SE and NSHC availability of the change for proposed 30 days of the date of this publication. determination before announcing their adoption by licensees. Those licensees Following the NRC staff’s evaluation of availability for referencing in license opting to apply for the subject change to comments received as a result of this amendment applications. TSs are responsible for reviewing the notice, the NRC staff may reconsider the DATES: The comment period expires 30 staff’s evaluation, referencing the proposed change or may proceed with days from the date of this publication. applicable technical justifications, and announcing the availability of the Comments received after this date will providing any necessary plant-specific change in a subsequent notice (perhaps be considered if it is practical to do so, information. Following the public with some changes to the model LAR, but the Commission is able to ensure comment period, the model LAR and model SE or model NSHC determination

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as a result of public comments). If the 3.0 Background as part of the CLIIP. [LICENSEE] has NRC staff announces the availability of The background for this application is concluded that the staff’s findings the change, licensees wishing to adopt as stated in the model SE in NRC’s presented therein are applicable to the change will submit an application in Notice of Availability published on [PLANT] and the determination is accordance with applicable rules and [DATE] [ ] FR [ ]), the NRC Notice for hereby incorporated by reference for other regulatory requirements. The NRC Comment published on [DATE] ([ ] FR this application. staff will, in turn, issue for each [ ]), and TSTF–477, Revision 3. 8.0 References application a notice of consideration of issuance of amendment to facility 4.0 Technical Analysis 1. Federal Register Notices: Notice for operating license(s), a proposed NSHC [LICENSEE] has reviewed References Comment published on [DATE] ([ ] FR determination, and an opportunity for a 1 and 2, and the model SE published on [ ]) Notice of Availability published on hearing. A notice of issuance of an [DATE] ([ ] FR [ ]) as part of the CLIIP [DATE] ([ ] FR [ ]) amendment to operating license(s) will Notice for Comment. [LICENSEE] has Enclosure 2 also be issued to announce the revised applied the methodology in Reference 1 requirements for each plant that applies to develop the proposed TS changes. Proposed Technical Specification for and receives the requested change. [LICENSEE] has also concluded that the Changes and Technical Specification Bases Changes (Mark-Up) For the Nuclear Regulatory Commission. justifications presented in TSTF–477, Dated at Rockville, Maryland, this 7th day Revision 3 and the model SE prepared Enclosure 3 of December, 2006. by the NRC staff are applicable to [PLANT, UNIT NOS.], and justify this Final Technical Specification and Timothy J. Kobetz, Bases Pages Chief, Technical Specifications Branch, amendment for the incorporation of the changes to the [PLANT] TS. [Clean copies of Licensee specific Division of Inspection and Regional Support, Technical Specification (TS) pages, Office of Nuclear Reactor Regulation. 5.0 Regulatory Analysis corresponding to the TS pages changed ENCLOSURE 1 A description of this change and its by TSTF–477, Rev 3, are to be included in Enclosure 3] 1.0 Description relationship to applicable regulatory requirements and guidance was Model Safety Evaluation—U.S. Nuclear This letter is a request to amend provided in the NRC Notice of Regulatory Commission Operating License(s) [LICENSE Availability published on [Date] ([FR NUMBER(S)] for [PLANT/UNIT [ ]), the NRC Notice for Comment Office of Nuclear Reactor Regulation— NAME(S)]. published on [Date] ([ ] FR [ ]) and Technical Specification Task Force TSTF–477, Revision 3. TSTF–477, Revision 3, ‘‘Add an Action The proposed changes would revise for Two Inoperable Control Room AC Technical Specification 3.7.5 (3.7.4 for 6.0 No Significant Hazards Subsystems.’’ BWR/6) ‘‘Control Room Air Consideration 1.0 Introduction Conditioning (AC) System’’ to add an [LICENSEE] has reviewed the action statement for two inoperable proposed no significant hazards By letter dated [l, 20l], [LICENSEE] control room subsystems. Technical consideration determination published (the licensee) proposed changes to the Specification Task Force (TSTF) change in the Federal Register on [DATE] ([ ] technical specifications (TS) for [PLANT traveler TSTF–477, Revision 3, ‘‘Add FR [ ]) as part of the CLIIP. [LICENSEE] NAME]. The requested changes are the Action for Two Inoperable Control has concluded that the proposed adoption of TSTF–477, Revision 3, Room AC Subsystems’’ was announced determination presented in the notice is ‘‘Add Action for Two Inoperable for availability in the Federal Register applicable to [PLANT] and the Control Room AC Subsystems’’ which on [DATE] as part of the consolidated determination is hereby incorporated by was proposed by the Technical line item improvement process (CLIIP). reference to satisfy the requirements of Specification Task Force (TSTF) by 2.0 Proposed Changes 10 CFR 50.91(a). letter on Augustll , 2006. The proposed changes revising Technical Consistent with NRC-approved TSTF– 7.0 Environmental Evaluation Specification 3.7.5 (3.7.4 for BWR/6) 477, Revision 3, the proposed TS [LICENSEE] has reviewed the ‘‘Control Room Air Conditioning (AC) changes include: Add an action environmental consideration included System’’ involve adding the following statement for two inoperable control in the model SE published in the Limiting Conditions for Operation room subsystems. Federal Register on [DATE] ([ ] FR [ ]) (LCO):

B. Two [control room AC] subsystems inoperable ... B.1 Verify control room area Temperature < [90] Once per 4 hours. °F. AND ...... B.2 Restore one [control room AC] to OPERABLE 72 hours. status.

The Technical Specification Task 2.0 Regulatory Evaluation safety of the public. The Commission’s Force (TSTF) change traveler TSTF–477, regulatory requirements related to the Section 182a of the Atomic Energy Revision 3, was announced for content of the TS are contained in 10 Act (the ‘‘Act’’) requires applicants for availability in the Federal Register on CFR Section 50.36. That regulation nuclear power plant operating licenses [DATE] as part of the consolidated line requires that the TS include items in the to include TS as part of the license. The item improvement process (CLIIP). TS ensure the operational capability of following specific categories: (1) safety structures, systems and components that limits, limiting safety systems settings, are required to protect the health and and limiting control settings

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(50.36(c)(1)); (2) Limiting Conditions for Statements in the STS to address two 4.0 State Consultation Operation (50.36(c)(2)); (3) Surveillance inoperable subsystems. In accordance with the Commission’s Requirements (50.36(c)(3)); (4) design 3.1 NUREG–1433, Revision 3, regulations, the [ ] State official was features (50.34(c)(4)); and (5) ‘‘Standard Technical Specifications, notified of the proposed issuance of the administrative controls (50.36(c)(5)). General Electric Plants, BWR/4’’ amendment. The State official had [(1) In general, there are two classes of no comments or (2) the following changes to TS: (1) Changes needed to The proposed BWR/4 Action comments—with subsequent reflect modifications to the design basis statement allows 72 hours to restore 1 disposition by the staff]. (TS are derived from the design basis), subsystem to the operable status for 2 and (2) voluntary changes to take inoperable subsystems. During the 72 5.0 Environmental Consideration advantage of the evolution in policy and hour completion time the CR The amendment[s] change[s] a guidance as to the required content and Temperature is verified < 90 degrees requirement with respect to the preferred format of TS over time. This every 4 hours. If 1 CRAC can not be installation or use of a facility amendment deals with the second class restored to operable status or the CR component located within the restricted of changes. Temperature can not be maintained < 90 area as defined in 10 CFR part 20 or In determining the acceptability of degrees then the unit must be placed in surveillance requirements. The NRC revising STS 3.7.5 (STS 3.7.4 for BWR/ at least Mode 3 within 12 hours and staff has determined that the 6), the staff used the accumulation of Mode 4 within 36 hours. Maintaining amendment involves no significant generically approved guidance in the CR Temperature < 90 degrees increase in the amounts, and no NUREG–1433, ‘‘Standard Technical assures that the Safety Related significant change in the types, of any Specifications, Revision 3 General Equipment in the CR will remain within effluents that may be released offsite, Electric Plants, BWR/4’’ dated June, the original licensed design operating and that there is no significant increase 2004 and; NUREG–1434, Revision 3, temperature, because the maximum in individual or cumulative ‘‘Standard Technical Specifications, allowable CR Temperature is unchanged occupational radiation exposure. The General Electric Plants, BWR/6’’ dated by TSTF–477. The NRC staff finds that Commission has previously issued a June, 2004. the proposed changes in TSTF–477 are proposed finding that the amendment Licensees may revise the TS to adopt acceptable for the BWR/4 because the involves no significant hazards current improved STS (iSTS) format and TSTF–477 changes provide TS consideration and there has been no content provided that plant-specific requirements that the CR Temperature public comment on such finding review supports a finding of continued will be maintained within the original published [DATE] ([ ] FR [ ]). adequate safety because: (1) The change licensed design operating temperature Accordingly, the amendment meets the is editorial, administrative or provides of the CR equipment or the plant will be eligibility criteria for categorical clarification (i.e., no requirements are placed in the Cold Shutdown Mode exclusion set forth in 10 CFR materially altered), (2) the change is (Mode 4, Safe Shut Condition). 51.22(c)(9). Pursuant to 10 CFR 51.22(b), more restrictive than the licensee’s 3.2 NUREG–1434, Revision 3, no environmental impact statement or current requirement, or (3) the change is ‘‘Standard Technical Specifications, environmental assessment need be less restrictive than the licensee’s General Electric Plants, BWR/6’’ prepared in connection with the current requirement, but nonetheless issuance of the amendment. still affords adequate assurance of safety The proposed BWR/6 Action when judged against current regulatory statement allows 7 days to restore 1 6.0 Conclusion standards. The detailed application of subsystem to the operable status for 2 The Commission has concluded, this general framework, and additional inoperable subsystems. This is based on the considerations discussed specialized guidance, are discussed in consistent with the current BWR/6 above, that (1) There is reasonable Section 3.0 in the context of specific Plants iSTS. During the 7 days assurance that the health and safety of proposed changes. completion time the CR Temperature is the public will not be endangered by verified < 90 degrees every 4 hours. If 1 operation in the proposed manner, (2) 3.0 Technical Evaluation CR AC cannot be restored to operable such activities will be conducted in The BWR STS for the Control Room status or the CR Temperature cannot be compliance with the Commission’s Air Conditioning AC System do not maintained < 90 degrees then the unit regulations, and (3) the issuance of the contain an Action Statement for two must be placed in at least Mode 3 amendment will not be inimical to the inoperable subsystems. During the TS within 12 hours and Mode 4 within 36 common defense and security or to the Conversion of the BWR/6 Plants, the hours. Maintaining the CR Temperature health and safety of the public. BWR/6 Plants adopted Action < 90 degrees assures that the Safety Proposed No Significant Hazards Statements for the Ventilation and AC Related Equipment in the CR will Consideration Determination systems that contained Action remain within the original licensed Description of Amendment Request: Statements for 2 inoperable subsystems design operating temperature, because [Plant name] requests adoption of an similar to the proposed Action the original allowable CR Temperature approved change to the standard Statements in TSTF–477. The STS for remains unchanged by TSTF–477. The technical specifications (STS) for numerous safety related systems also NRC staff confirms that the proposed Boiling Water Reactor (BWR) Plants contain Action Statements for 2 changes in TSTF–477 are acceptable for (NUREG–1433 and NUREG–1434) and inoperable subsystems. The TSTF the BWR/6 because the TSTF–477 plant specific technical specifications proposes to add an Action Statement for changes provide TS requirements that (TS), to add an action statement for two 2 inoperable CR AC subsystems to the the CR Temperature will be maintained inoperable control room subsystems. BWR STS in order to be consistent with within the original licensed design The changes are consistent with NRC the BWR/6 current iSTS. Furthermore, operating temperature of the CR approved Industry/Technical the consistency of the BWR STS will be equipment or the plant will be placed in Specification Task Force (TSTF) enhanced since most safety related the Cold Shutdown Mode (Mode 4, Safe Standard Technical Specifcation Change systems presently have Action Shut Condition). Traveler, TSTF–477, Revision 3.

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Basis for proposed no-significant- equipment will be installed) or a change thereafter. A consolidated listing of all hazards-consideration determination: in methods governing normal pant authorities as of June 30 is published As required by 10 CFR 50.91(a), an operation. The requirements in the TS each year. analysis of the issue of no-significant- continue to require maintaining the Schedule A hazards-consideration is presented control room temperature within the below: design limits. No Schedule A appointments were Criterion 1—The Proposed Change Therefore, the changes do not create approved for October 2006. Does Not Involve a Significant Increase the possibility of a new or different kind Schedule B in the Probability or Consequences of an of accident from any previously Accident Previously Evaluated evaluated. No Schedule B appointments were The proposed change is described in Criterion 3—The Proposed Change approved for October 2006. The following Schedule C Technical Specification Task Force Does Not Involve a Significant appointments were approved during (TSTF) Standard TS Change Traveler Reduction in the Margin of Safety October 2006: TSTF–477 adds an action statement for The proposed changes add an action two inoperable control room statement for two inoperable control Section 213.3303 Executive Office of subsystems. room subsystems. Instituting the the President The proposed change does not proposed changes will continue to Office of Management and Budget involve a physical alteration of the plant maintain the control room temperature (no new or different type of equipment within design limits. Changes to the BOGS70004 Special Assistant and will be installed). The proposed changes Bases or license controlled document Counselor to the Controller to the add an action statement for two are performed in accordance with 10 Controller, Office of Federal Financial inoperable control room subsystems. CFR 50.59. This approach provides an Management. Effective October 11, The equipment qualification effective level of regulatory control and 2006. temperature of the control room ensures that the control room BOGS60157 Confidential Assistant to equipment is not affected. Future temperature will be maintained within the Administrator, E-Government and changes to the Bases or licensee- design limits. Information Technology. Effective controlled document will be evaluated The proposed changes maintain October 23, 2006. pursuant to the requirements of 10 CFR BOGS70005 Confidential Assistant to sufficient controls to preserve the 50.59, ‘‘ Changes, test and experiments’’, the Associate Director for Legislative current margins of safety. to ensure that such changes do not Affairs. Effective October 23, 2006. Based upon the reasoning above, the result in more than a minimal increase BOGS70006 Press Assistant to the NRC staff concludes that the in the probability or consequences of an Associate Director for amendment request involves no accident previously evaluated. Communications. Effective October significant hazards consideration. The proposed changes do not 31, 2006. For the Nuclear Regulatory Commission. adversely affect accident initiators or Office of the United States Trade precursors nor alter the design Project Manager, Plant Licensing Branch [ ], Representative assumptions, conditions, and Division of Operating Reactor Licensing, configuration of the facility or the Office of Nuclear Reactor Regulation. TNGS70001 Confidential Assistant to manner in which the plant is operated [FR Doc. E6–21462 Filed 12–15–06; 8:45 am] the Chief of Staff. Effective October and maintained. The proposed changes BILLING CODE 7590–01–P 23, 2006. do not adversely affect the ability of Section 213.333 Office of Science and structures, systems and components Technology Policy (SSCs) to perform their intended safety OFFICE OF PERSONNEL TSGS60042 Deputy to the Associate function to mitigate the consequences of MANAGEMENT Director to the Associate Director, an initiating event within the assumed Technology. Effective October 23, acceptance limits. The proposed Excepted Service 2006. changes do not affect the source term, AGENCY: Office of Personnel TSGS60043 Program Management containment isolation, or radiological Management (OPM). Specialist to the Chief of Staff and consequences of any accident ACTION: Notice. General Counsel. Effective October 23, previously evaluated. Further, the 2006. proposed changes do not increase the SUMMARY: This gives notice of OPM Section 213.334 Department of State types and the amounts of radioactive decisions granting authority to make effluent that may be released, nor appointments under Schedules A, B, DSGS61115 Foreign Affairs Officer to significantly increase individual or and C in the excepted service as the Assistant Secretary for cumulative occupation/public radiation required by 5 CFR 6.6 and 213.103. International Organizational Affairs. exposures. Effective October 06, 2006. FOR FURTHER INFORMATION CONTACT: C. Therefore, the changes do not involve DSGS61126 Staff Assistant to the Penn, Executive Resources Services a significant increase in the probability Director, Policy Planning Staff. Group, Center for Human Resources, or consequences of any accident Effective October 11, 2006. previously evaluated. Division for Human Capital Leadership DSGS61128 Special Assistant to the Criterion 2—The Proposed Change and Merit System Accountability, 202– Under Secretary for Global Affairs. Does Not Create the Possibility of a New 606–2246. Effective October 11, 2006. or Different Kind of Accident from any SUPPLEMENTARY INFORMATION: Appearing DSGS61104 Special Assistant to the Previously Evaluated in the listing below are the individual Director, Policy Planning Staff. The proposed changes add an action authorities established under Schedules Effective October 23, 2006. statement for two inoperable control A, B, and C between October 1, 2006, DSGS61127 Special Assistant to the room subsystems. The changes do not and October 31, 2006. Future notices Assistant Secretary for International involve a physical altering of the plant will be published on the fourth Tuesday Organizational Affairs. Effective (i.e., no new or different type of of each month, or as soon as possible October 23, 2006.

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Section 213.335 Department of the Community Initiatives to the Director of Advisory Committees. Effective Treasury of Faith-Based and Community October 11, 2006. DYGS60277 Speechwriter to the Initiatives. Effective October 03, 2006. DCGS60263 Special Assistant to the Assistant Secretary (Public Affairs). DMGS00580 Associate Director of Executive Director for Trade Effective October 31, 2006. Strategic Communications for Policy Promotion and Outreach. Effective to the Director of Strategic October 11, 2006. Section 213.336 Department of Communications. Effective October DCGS60533 Special Assistant to the Defense 03, 2006. Deputy Under Secretary and Deputy DDGS16985 Speechwriter to the DMGS00578 Business Liaison Director Director of U.S. Patent and Trademark Principal Deputy Assistant Secretary to the Assistant Secretary for Private Office. Effective October 11, 2006. Sector. Effective October 05, 2006. of Defense for Public Affairs. Effective Section 213.3315 Department of Labor October 06, 2006. DMGS00579 Associate Director for DDGS16986 Special Assistant to the Latin American Affairs to the DLGS60190 Legislative Officer to the Deputy General Counsel Legal Assistant Secretary for International Assistant Secretary for Congressional Counsel. Effective October 06, 2006. Affairs. Effective October 05, 2006. and Intergovernmental Affairs. DDGS16999 Personal and Confidential Effective October 03, 2006. Section 213.3311 Department of DLGS60078 Staff Assistant to the Assistant to the Assistant Secretary of Homeland Security Defense (International Security Assistant Secretary for Policy. Affairs). Effective October 16, 2006. DMGS00583 Policy Advisor to the Effective October 05, 2006. DDGS16984 Defense Fellow to the Chief of Staff. Effective October 11, DLGS60111 Regional Representative to Special Assistant to the Secretary of 2006. the Assistant Secretary for Defense for White House Liaison. DMGS00581 Associate Director of Congressional and Intergovernmental Effective October 23, 2006. Legislative Affairs to the Assistant Affairs. Effective October 05, 2006. DDGS16995 Special Assistant to the Secretary for Legislative DLGS60178 Staff Assistant to the Under Secretary of Defense Intergovernmental Affairs. Effective Counselor in the Office of the (Acquisition, Technology, and October 24, 2006. Secretary. Effective October 05, 2006. Logistics). Effective October 23, 2006. DMGS00582 Associate Director of DLGS60182 Staff Assistant to the DDGS16996 Special Assistant to the Legislative Affairs to the Assistant White House Liaison. Effective Principal Deputy Assistant Secretary Secretary for Legislative October 05, 2006. of Defense (Legal Affairs). Effective Intergovernmental Affairs. Effective DLGS60278 Staff Assistant to the Chief October 27, 2006. October 24, 2006. Financial Officer. Effective October DDGS16998 Staff Assistant to the DMGS00586 Counselor to the Director 05, 2006. Special Assistant to the Secretary of and Deputy Director to the Under DLGS60228 Chief of Staff to the Defense for White House Liaison. Secretary for Federal Emergency Assistant Secretary for Occupational Effective October 27, 2006. Management. Effective October 24, Safety and Health. Effective October DDGS16993 Deputy, White House 2006. 24, 2006. Liaison Office to the Special Assistant Section 213.3312 Department of the Section 213.3316 Department of to the Secretary of Defense for White Interior Health and Human Services House Liaison. Effective October 30, 2006. DIGS01079 Science Advisor to the DHGS60040 Special Assistant to the Assistant Secretary for Water and Chief of Staff. Effective October 03, Section 213.337 Department of the Science. Effective October 25, 2006. 2006. Army DHGS60056 Special Assistant to the Section 213.3313 Department of Director Office of Refugee DWGS60027 Special Assistant to the Agriculture Deputy Under Secretary of the Army Resettlement. Effective October 24, to the Deputy Under Secretary of the DAGS00864 Confidential Assistant to 2006. Army. Effective October 05, 2006. the Administrator, Rural Housing DHGS60042 Special Assistant to the DWGS60024 Personal and Service. Effective October 30, 2006. Assistant Secretary for Public Affairs to the Assistant Secretary for Public Confidential Assistant to the Under Section 213.3314 Department of Affairs. Effective October 27, 2006. Secretary of the Army. Effective Commerce October 06, 2006. DHGS60238 Regional Director, Boston, DCGS00442 Director of Public Affairs Massachusetts, Region I to the Section 213.339 Department of the Air to the Assistant Secretary for Director of Intergovernmental Affairs. Force Telecommunications and Information. Effective October 27, 2006. DFGS08001 Special Assistant to the Effective October 06, 2006. DHGS60698 Special Assistant to the Deputy Assistant Secretary (Force DCGS00431 Special Assistant to the Director, Office of External Affairs. Management Integration). Effective Assistant Secretary for Export Effective October 31, 2006. October 30, 2006. Administration. Effective October 11, 2006. Section 213.3318 Environmental Section 213.3310 Department of DCGS00531 Confidential Assistant to Protection Agency Justice the Deputy Assistant Secretary for EPGS06028 Deputy Associate DJGS00406 Public Affairs Specialist to Services. Effective October 11, 2006. Administrator to the Associate the Director, Office of Public Affairs. DCGS00544 Chief of Staff to the Administrator for Congressional and Effective October 27, 2006. Assistant Secretary and Director Intergovernmental Relations. Effective General of United States/For October 27, 2006. Section 213.3311 Department of Commercial Services. Effective EPGS06029 Director, Office of Web Homeland Security October 11, 2006. Communications to the Associate DMGS00577 Deputy Director of the DCGS60262 Deputy Director of Administrator for Public Affairs. Center for Faith Based and Advisory Committees to the Director Effective October 27, 2006.

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Section 213.3325 United States Tax Section 213.3396 National dealer annually send to its customers its Court Transportation Safety Board ‘‘certified balance sheet.’’ 4 The Sarbanes-Oxley Act of 2002 (‘‘Act’’) 5 JCGS60077 Trial Clerk to the Chief TBGS11123 Confidential Assistant to established the Public Company Judge. Effective October 26, 2006. the Chairman. Effective October 23, 2006. Accounting Oversight Board (‘‘Board’’) 6 Section 213.3330 Securities and and amended Section 17(e) to replace Exchange Commission Section 213.3397 Federal Housing the words ‘‘an independent public Finance Board accountant’’ with ‘‘a registered public SEOT90007 Confidential Assistant to 7 the Chairman. Effective October 25, FBOT00010 Special Assistant to the accounting firm.’’ 2006. Board Director. Effective October 23, The Act establishes a deadline for 2006. SEOT90008 Confidential Assistant to a registration with the Board of auditors Commissioner. Effective October 31, Section 213.33 National Endowment of financial statements of ‘‘issuers,’’ as 2006. for the Humanities that term is defined in the Act.8 The Act NHGS00078 Associate Director of does not provide a deadline for Section 213.3331 Department of registration of auditors of non-public Energy Communications and Chief Speechwriter to the Director of broker-dealers. DEGS00545 Senior Policy Advisor to Communications. Effective October The 2005 Order expires January 1, the Assistant Secretary for Fossil 25, 2006. 2007. Application of registration Energy. Effective October 23, 2006. Office of Personnel Management. requirements and procedures to auditors DEGS00544 Senior Communications Dan G. Blair, of non-public broker-dealers is still Advisor to the Assistant Secretary of Deputy Director. being considered. The Commission has Energy (Environmental Management). [FR Doc. E6–21541 Filed 12–15–06; 8:45 am] therefore determined that extending the Effective October 25, 2006. Order for two years is consistent with BILLING CODE 6325–39–P DEGS00546 Senior Advisor to the the public interest and the protection of Assistant Secretary for Policy and investors. International Affairs. Effective SECURITIES AND EXCHANGE Accordingly, October 26, 2006. COMMISSION It is ordered, pursuant to Section 17(e) Section 213.3332 Small Business [Release No. 34–54920] of the Exchange Act, that non-public Administration broker-dealers may file with the SBGS00606 Speech Writer to the Extension of Order Regarding Broker- Commission a balance sheet and income Associate Administrator for Dealer Financial Statement statement and may send to their Communications and Public Liaison. Requirements Under Section 17 of the customers a balance sheet certified by Effective October 06, 2006. Exchange Act an independent public accountant, instead of by a registered public December 12, 2006. Section 213.3333 Federal Deposit accounting firm, for fiscal years ending Insurance Corporation The Securities and Exchange before January 1, 2009. Commission (‘‘Commission’’) is FDOT00010 Chief of Staff to the extending its Order, originally issued on By the Commission. Chairman of the Board of Directors August 4, 2003,1 and extended on July Nancy M. Morris, (Director). Effective October 20, 2006. 14, 2004 2 and on December 7, 2005 (the Secretary. FDOT00011 Special Advisor to the 3 ‘‘2005 Order’’) under Section 17(e) of [FR Doc. E6–21475 Filed 12–15–06; 8:45 am] Chairman to the Chairman of the the Securities Exchange Act of 1934 BILLING CODE 8011–01–P Board of Directors (Director). Effective (‘‘Exchange Act’’), regarding audits of October 20, 2006. financial statements of broker-dealers Section 213.3337 General Services that are not issuers (‘‘non-public broker- Administration dealers’’). The 2005 Order provided that non-public broker-dealers may file with GSGS00166 Deputy Associate the Commission and may send to their Administrator for Small Business customers documents and information Utilization to the Associate required by Section 17(e) certified by an Administrator for Small Business independent public accountant, instead Utilization. Effective October 05, of by a registered public accounting 2006. firm, for fiscal years ending before 4 Exchange Act Rule 17a–5 requires registered Section 213.3384 Department of January 1, 2007. broker-dealers to provide to the Commission and to Housing and Urban Development Section 17(e)(1)(A) of the Exchange customers of the broker-dealer other specified Act requires that every registered financial information. DUGS60187 Staff Assistant to the broker-dealer annually file with the 5 Public Law 107–204. Assistant Secretary for Public Affairs. Commission a certified balance sheet 6 Section 101 of the Act. Effective October 06, 2006. and income statement, and Section 7 Section 205(c)(2) of the Act. 17(e)(1)(B) requires that the broker- 8 Section 2 of the Act defines ‘‘issuer.’’ Section Section 213.3391 Office of Personnel 102 of the Act establishes a specific deadline by Management 1 Exchange Act Release No. 48281, 68 FR 47375 which auditors of issuers must register with the Board. Based on the statutory deadline of 180 days PMGS60019 Special Assistant to the (August 8, 2003). 2 Exchange Act Release No. 50020, 69 FR 43482 after the Commission determined the Board was Director, Office of Communications (July 20, 2004). ready to carry out the requirements of the Act, that and Public Liaison. Effective October 3 Exchange Act Release No. 52909, 70 FR 73809 date was October 22, 2003. See Exchange Act 25, 2006. (December 13, 2005). Release No. 48180 (July 16, 2003).

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SECURITIES AND EXCHANGE the proposed rule change, as amended, III. Date of Effectiveness of the COMMISSION and discussed any comments it received Proposed Rule Change and Timing for Commission Action [Release No. 34–54915; File No. SR–BSE– on the proposed rule change. The text 2006–54] of these statements may be examined at the places specified in Item IV below. The foregoing rule change, as Self-Regulatory Organizations; Boston The Exchange has prepared summaries, amended, has become effective pursuant 10 Stock Exchange, Inc.; Notice of Filing set forth in Sections A, B, and C below, to Section 19(b)(3)(A) of the Act and 11 and Immediate Effectiveness of of the most significant aspects of such subparagraph (f)(6) of Rule 19b–4 Proposed Rule Change and statements. thereunder because it does not: (i) Amendment No. 1 Thereto Relating to Significantly affect the protection of the Removal of Minimum Volume and A. Self-Regulatory Organization’s investors or the public interest; (ii) Fill-Or-Kill Order Type Designations Statement of the Purpose of, and impose any significant burden on Statutory Basis for, the Proposed Rule competition; and (iii) become operative December 11, 2006. Change for 30 days after the date of filing, or Pursuant to Section 19(b)(1) of the such shorter time as the Commission Securities Exchange Act of 1934 1. Purpose 1 2 may designate if consistent with the (‘‘Act’’) and Rule 19b–4 thereunder, protection of investors and the public notice is hereby given that on November The Exchange proposes to remove the interest. 21, 2006, the Boston Stock Exchange, MV and FOK order type designations Inc. (‘‘BSE’’ or ‘‘Exchange’’) submitted contained in Chapter V, Sections 9(a), The Exchange has requested that the to the Securities and Exchange 14(d)(3)–(4), and 27(b)(iv) of the BOX Commission waive the five-day pre- Commission (‘‘Commission’’) the Rules. The Exchange proposes to filing requirement and the 30-day proposed rule change as described in remove the MV and FOK order types operative delay.12 The Commission is Items I and II below, which Items have because they are currently not exercising its authority to waive the five been prepared by the Exchange. On supported by BOX’s new trading day pre-filing notice requirement and December 8, 2006, the Exchange system. The Exchange intends to add believes that the waiver of the 30-day submitted Amendment No. 1 to the the MV and FOK order types when that operative delay is consistent with the proposed rule change. 3 The Exchange functionality is implemented into the protection of investors and the public filed the proposal as a ‘‘non- trading system.7 interest, because it would allow the BSE controversial’’ proposed rule change to ensure that its rules more accurately pursuant to Section 19(b)(3)(A) of the 2. Statutory Basis reflect its trading system functionality. Act 4 and Rule 19b–4(f)(6) thereunder, 5 The Exchange believes that the Therefore, the Commission designates which renders it effective upon filing the proposal, as amended, to be with the Commission.6 The Commission proposed rule change, as amended, is consistent with Section 6(b) of the Act,8 operative and effective upon filing with is publishing this notice to solicit the Commission.13 comments on the proposed rule change, in general, and Section 6(b)(5) of the as amended, from interested persons. Act,9 in particular, in that it is designed At any time within 60 days of the to promote just and equitable principles filing of such proposed rule change, the I. Self-Regulatory Organization’s of trade, and to protect investors and the Commission may summarily abrogate Statement of the Terms of Substance of public interest. such rule change if it appears to the the Proposed Rule Change Commission that such action is The Exchange proposes to remove the B. Self-Regulatory Organization’s necessary or appropriate in the public Minimum Volume (‘‘MV’’) and Fill-Or- Statement on Burden on Competition interest, for the protection of investors, Kill (‘‘FOK’’) order type designations in The Exchange does not believe that or otherwise in furtherance of the the Boston Options Exchange (‘‘BOX’’) 14 the proposed rule change, as amended, purposes of the Act. Rules. The text of the proposed rule will impose any burden on competition change is available on BSE’s Web site IV. Solicitation of Comments (http://www.bostonstock.com), at BSE’s not necessary or appropriate in furtherance of the purposes of the Act. Interested persons are invited to principal office, and at the submit written data, views, and Commission’s Public Reference Room. C. Self-Regulatory Organization’s arguments concerning the foregoing, II. Self-Regulatory Organization’s Statement on Comments on the including whether the proposed rule Statement of the Purpose of, and Proposed Rule Change Received From change, as amended, is consistent with Statutory Basis for, the Proposed Rule Members, Participants, or Others the Act. Comments may be submitted by Change any of the following methods: The Exchange has neither solicited In its filing with the Commission, the nor received comments on the proposed 10 15 U.S.C. 78s(b)(3)(A). Exchange included statements rule change. concerning the purpose of, and basis for, 11 17 CFR 240.19b–4(f)(6). 12 17 CFR 240.19b–4(f)(6)(iii). 7 The Exchange represents that it will submit a 13 For purposes only of waiving the operative 1 15 U.S.C. 78s(b)(1). proposed rule change to the Commission to add the delay for this proposal, the Commission has 2 17 CFR 240.19b–4. MV and FOK order types into the BOX rules considered the proposed rule’s impact on 3 In Amendment No. 1, the Exchange clarified pursuant to Section 19(b) of the Act. Telephone efficiency, competition, and capital formation. 15 that there is no proposed change to the conversation between Brian Donnelly, AVP U.S.C. 78c(f). Supplemental Material following part (c) of Section Regulation & Compliance, BSE, Terri Evans, Special 14 For purposes of calculating the 60-day period 27, entitled ‘‘Complex Orders.’’ within which the Commission may summarily 4 15 U.S.C. 78s(b)(3)(A). Counsel, Division of Market Regulation (‘‘Division’’), Commission, and Angela Muehr, abrogate the proposed rule change, as amended, 5 17 CFR 240.19b–4(f)(6). under section 19(b)(3)(C) of the Act, the Attorney, Division, Commission, on December 4, 6 The Exchange requested the Commission to Commission considers the period to commence on waive the five-day pre-filing notice requirement and 2006. December 8, 2006, the date on which the Exchange the 30-day operative delay, as specified in Rule 8 15 U.S.C. 78f(b). submitted Amendment No. 1. See 15 U.S.C. 19b–4(f)(6)(iii). 17 CFR 240.19b–4(f)(6)(iii). 9 15 U.S.C. 78f(b)(5). 78s(b)(3)(C).

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Electronic Comments SECURITIES AND EXCHANGE subsequently extended the comment period for the original proposed rule • COMMISSION Use the Commission’s Internet filing until May 11, 2006.7 The comment form (http://www.sec.gov/ [Release No. 34–54919; File No. SR–CBOE– 2006–14] Commission received 7 comment letters rules/sro.shtml); or in response to the Federal Register • Send an e-mail to rule- Self-Regulatory Organizations; notice.8 On July 26, 2006, CBOE filed a [email protected]. Please include File Chicago Board Options Exchange, response to these comments.9 The Number SR–BSE–2006–54 on the Incorporated; Notice of Filing of comment letters and CBOE’s response to subject line. Amendment Nos. 1 and 2 to the the comments are summarized below. Proposed Rule Change Relating to On August 9, 2006, CBOE filed Paper Comments Customer Portfolio Margining; Order Amendment No. 1 to the proposed rule Granting Accelerated Approval to the change.10 On September 27, 2006, CBOE • Send paper comments in triplicate Proposed Rule Change, as Amended filed Amendment No. 2 to the proposed to Nancy M. Morris, Secretary, rule change.11 Securities and Exchange Commission, December 12, 2006. This order provides notice of filing of Station Place, 100 F Street, NE., I. Introduction Amendment Nos. 1 and 2 and solicits Washington, DC 20549–1090. comments from interested persons on On February 2, 2006, the Chicago Amendment Nos. 1 and 2. This order All submissions should refer to File Board Options Exchange, Incorporated also grants accelerated approval of the Number SR–BSE–2006–54. This file (‘‘CBOE’’ or ‘‘Exchange’’) filed with the proposed rule change, as amended by number should be included on the Securities and Exchange Commission Amendment Nos. 1 and 2.12 subject line if e-mail is used. To help the (‘‘Commission’’), pursuant to Section Commission process and review your 19(b)(1) of the Securities Exchange Act II. Description comments more efficiently, please use of 1934 (‘‘Act’’ or ‘‘Exchange Act’’) 1 and a. Portfolio Margining only one method. The Commission will Rule 19b–4 2 thereunder, a proposed The proposed rule change consists of post all comments on the Commission’s rule change seeking to amend CBOE amendments to Rule 12.4 to include Internet Web site (http://www.sec.gov/ Rule 12.4 to expand the scope of products that are eligible for treatment rules/sro.shtml). Copies of the 7 See Exchange Act Release No. 53728 (April 26, submission, all subsequent as part of CBOE’s approved portfolio 2006), 71 FR 25878 (May 2, 2006). amendments, all written statements margin pilot program and to eliminate 8 See letter from Timothy H. Thompson, Senior with respect to the proposed rule the requirement for a separate cross- Vice President, Chief Regulatory Officer, Regulatory 3 Services Division, CBOE, to Nancy Morris, change that are filed with the margin account. The proposed rule change would expand the scope of Secretary, Commission, dated June 5, 2006 (‘‘CBOE Commission, and all written Letter’’); letter from William H. Navin, Executive eligible products in the pilot to include communications relating to the Vice President, General Counsel and Secretary, The margin equity securities,4 unlisted Options Clearing Corporation (‘‘OCC’’), to Nancy M. proposed rule change between the derivatives, listed options and securities Morris, Secretary, Commission, dated May 19, 2006 Commission and any person, other than futures.5 The proposed rule change was (‘‘OCC Letter’’); letter from James Barry, on behalf those that may be withheld from the of the Ad Hoc Portfolio Margin Committee, John published in the Federal Register on Vitha, Chair, Derivatives Product Committee and public in accordance with the April 6, 2006.6 The Commission Christopher Nagy, Chair, Options Committee, provisions of 5 U.S.C. 552, will be Securities Industry Association, to Nancy M. available for inspection and copying in 1 15 U.S.C. 78s(b)(1). Morris, Secretary, dated May 16, 2006 (‘‘SIA Letter’’); letter from Gary Alan DeWaal, Group 2 17 CFR 240.19b–4. the Commission’s Public Reference General Counsel and Director of Legal and 3 Room. Copies of such filing also will be See Exchange Act Release No. 52032 (July 14, Compliance, Fimat USA, LLC, to Nancy M. Morris, 2005), 70 FR 42118 (July 21, 2005) (SR–CBOE– Secretary, Commission, dated May 11, 2006 (‘‘Fimat available for inspection and copying at 2002–03). On July 14, 2005, the Commission the principal office of the Exchange. All Letter’’); letter from Stuart J. Kaswell, Partner, approved on a pilot basis expiring July 31, 2007, Dechert LLP, Counsel for Federated Investors, Inc., comments received will be posted amendments to CBOE’s margin rules that permit to Nancy M. Morris, Secretary, Commission, dated broker-dealers to determine customer margin May 10, 2006 (‘‘Federated Letter’’); letter from Craig without change; the Commission does requirements for portfolios of listed broad-based not edit personal identifying S. Donohue, Chief Executive Officer, Chicago securities index options, warrants, futures, futures Mercantile Exchange Inc., to Jonathan G. Katz, options and related exchange-traded funds using a information from submissions. You Secretary, Commission, dated May 9, 2006 (‘‘CME specified portfolio margin methodology. The Letter’’); and letter from Gerard J. Quinn, Vice should submit only information that Commission also approved rule amendments to President and Associate General Counsel, SIA, to you wish to make available publicly. All require disclosure to, and written acknowledgment Nancy M. Morris, Secretary, Commission, dated from, customers using a portfolio margin account. submissions should refer to File April 21, 2006 (‘‘SIA Extension Letter’’). 4 For purposes of the pilot, a margin equity Number SR–BSE–2006–54 and should 9 security is a security that meets the definition of a See letter from Timothy H. Thompson, Senior be submitted on or before January 8, ‘‘margin equity security’’ under Regulation T of the Vice President, Chief Regulatory Officer, Regulatory 2007. Federal Reserve Board (‘‘FRB’’). See 12 CFR 220.2. Services Division, CBOE, to Nancy M. Morris, An unlisted derivative means ‘‘any equity-based (or Secretary, Commission, dated July 26, 2006 (‘‘CBOE For the Commission, by the Division of equity index-based) unlisted option, forward Response’’). Market Regulation, pursuant to delegated contract or swap that can be valued by a theoretical 10 CBOE filed Amendment No. 1 in response to authority.15 pricing model approved by the Securities and comments received and to make other clarifying Exchange Commission.’’ See proposed Rule changes to the proposed rule filing. Amendment Florence E. Harmon, 12.4(a)(4). No. 1 replaced and superceded the original filing Deputy Secretary. 5 In addition to CBOE Rule 12.4, the proposed in its entirety. rule change also approves changes to CBOE Rules 11 CBOE filed partial Amendment No. 2 to [FR Doc. E6–21477 Filed 12–15–06; 8:45 am] 9.15, 13.5 and 15.8A. conform its day trading language to the NYSE rule BILLING CODE 8011–01–P 6 See Exchange Act Release No. 53576 (March 30, language and to request accelerated approval. A 2006), 71 FR 17519 (April 6, 2006) (SR–CBOE– clean copy of the proposed rule, as amended by 2006–14). The New York Stock Exchange LLC Amendment Nos. 1 and 2, is attached to this order (‘‘NYSE’’) also filed a similar proposed rule filing as Exhibit A. seeking to expand the scope of eligible products 12 By separate order, the Commission also is under its portfolio margin pilot program. See approving a parallel rule filing by the NYSE (SR– Exchange Act Release No. 53577 (March 30, 2006), NYSE–2006–13). Exchange Act Release No. 54918; 15 17 CFR 200.30–3(a)(12). 71 FR 17539 (April 6, 2006) (SR–NYSE–2006–13). see also supra note 6.

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margin equity securities (as defined in pricing model would continue to be c. Margin Deficiency Regulation T), unlisted derivatives, used to derive position values at each The proposed rule change would listed options and securities futures as valuation point for the purpose of require a customer to satisfy a margin eligible products for the portfolio determining the gain or loss.16 deficiency in a portfolio margin account 13 margining pilot. The proposed rule The portfolio shocks described above within three business days by change also includes amendments to result in a gain or loss for each depositing additional margin or eliminate the requirement of a separate instrument in a portfolio at each effecting an offsetting hedge. The cross-margin account. CBOE Rule 12.3 calculation point along the range. These current pilot requires that a customer prescribes specific margin requirements gains and losses are netted to derive a deposit addition margin by T+1. The for customers based on the type of potential portfolio-wide gain or loss for proposed rule also would require a securities held in their accounts.14 the point. The margin requirement for a broker-dealer to deduct from its net Outside the existing pilot program, portfolio is the amount of the greatest capital the amount of any portfolio CBOE’s margin rules require that margin margin call not met by the close of be calculated using fixed percentages, portfolio-wide loss among the calculation points. The margin business on T+1 and until the call is on a position-by-position basis. In satisfied. Additionally, the proposal contrast, the current portfolio margin requirements for each portfolio are added together to calculate the total would further require a broker-dealer to pilot program permits a broker-dealer to have in place procedures to identify calculate customer margin requirements margin requirement for the portfolio margin account. This approach, in most accounts that periodically liquidate by grouping all products in an account positions to eliminate margin that are based on the same index or cases, will generally lower customer margin requirements.17 deficiencies, and to take appropriate issuer into a single portfolio. For action when warranted.20 example, futures, options and exchange The amount of margin (initial and traded funds based on the S&P 500 maintenance) required with respect to a d. $5 Million Equity Requirement would each be grouped in a portfolio given portfolio would be the larger of: The current pilot requires customers and products based on IBM would be (1) The greatest portfolio-wide loss that are not broker-dealers or futures grouped into a separate portfolio. amount among the valuation point firms to maintain minimum account The broker-dealer then calculates a calculations; or (2) the sum of $.375 for equity of $5 million dollars. The customer’s margin requirement by each option and future in the portfolio proposed rule change would eliminate ‘‘shocking’’ each portfolio at different multiplied by the contract’s or the $5 million account equity equidistant points along a range instrument’s multiplier.18 The second requirement for all portfolio margin representing a potential percentage computation establishes a minimum accounts, except those holding unlisted increase and decrease in the value of the margin requirement to ensure that a derivatives.21 instrument or underlying instrument in certain level of margin is required from e. Risk Management Methodology the case of a derivative product. the customer in the event the greatest Currently, under the pilot, products of portfolio-wide loss among the valuation The pilot requires member broker- portfolios based on high capitalization, points is de minimis. dealers to monitor the risk of portfolio broad-based securities indexes are margin accounts and maintain a written shocked along a range spanning an b. Expansion of Eligible Products risk analysis methodology for assessing increase of 6% and a decrease of 8%. potential risk to the firm’s capital. This Under CBOE’s proposed rule, Portfolios of products based on non- risk analysis methodology must be filed products eligible for portfolio margining high capitalization, broad-based and maintained with CBOE. The would be expanded to include margin securities indexes are shocked along a proposed rule change strengthens these range spanning an increase of 10% and equity securities (as defined under 19 requirements by providing that, member a decrease of 10%. The proposed rule Regulation T), unlisted derivatives, organizations must file the risk analysis change would continue to apply these listed options and securities futures. methodology with its firm’s DEA and shock ranges. Under the proposed The unlisted derivatives would be submit it to the Commission prior to amendments, portfolios of products included in a portfolio based on the implementation.22 The proposed rule based on an equity security or a narrow- underlying reference index or security. change also requires the inclusion of based index would be shocked along a Individual equities and narrow-based additional procedures and guidelines as range spanning an increase of 15% and index futures would be included in a part of the methodology.23 a decrease of 15%.15 In addition, as with portfolio shocked at a range spanning an the current pilot, a theoretical options increase of 15% and a decrease of 15%. f. Cross-Margin Account The proposed rule change would 13 The list of eligible products under the pilot 16 Currently, the only model that qualifies is the eliminate the requirement that currently includes listed broad-based securities OCC’s Theoretical Intermarket Margining System portfolios with futures positions be held index options, warrants, futures, futures options (TIMS). in a separate cross-margin account. and related exchange-traded funds. 17 For example, the current required initial and 14 The margin rules specify the amount of equity maintenance margin requirements for an equity Under the proposal, a customer would a customer must maintain in his or her margin security are 50% and 25%, respectively. The market be permitted to use a single securities account with respect to securities positions movement range to calculate the potential gains and margin account for all eligible products. financed by the broker-dealer. The equity protects losses under the proposed portfolio margin rule for The Exchange and commenters have the broker-dealer in the event the customer defaults equity securities is ±15%. on the obligation to re-pay the financing and the 18 The multiplier for a standard listed option is broker-dealer is forced to liquidate the position at fixed by the options market on which the options 20 See proposed rule 12.4(i)(1). a loss. series is traded. For example, a cash settled equity 21 See proposed rule 12.4(b)(3). 15 For example, under the pilot, a portfolio of option generally has a multiplier of 100. Therefore, 22 See proposed Rule 12.4(b), under which the single stock futures and listed equity options would the minimum margin for one options contract broker-dealer must receive prior approval from its be shocked at 10 equidistant points along a range would be $37.50. The multipliers for different DEA prior to offering portfolio margining to its bounded on one end by a 15% increase in the securities and futures products may vary. customers. As part of the approval process, CBOE market value of the instrument and at the other end 19 Margin equity securities include certain foreign will require a firm to demonstrate compliance with by a 15% decrease (i.e., at ±3%, ±6%, ±9%, ±12% equity securities and options on foreign equity the risk management analysis rules. and ±15%). securities. See 12 CFR 220.2 23 See proposed Rule 15.8A.

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indicated that maintaining and CBOE noted that it would be in Amendment No. 1 to the proposed monitoring two separate margin operationally difficult to move positions rule filing.33 accounts would be operationally in and out of the portfolio margin One commenter stated that portfolio difficult and that it would be more account based on whether they are margining should be expanded to efficient to hold all positions in one currently being offset. include nonequity securities, interest securities account. rate derivatives, collateralized debt III. Summary of Comments Received g. Excess Equity and Collateral obligations and other similar non-equity and CBOE Response related products, and foreign currency CBOE also proposes to amend Rule 34 The Commission received a total of 7 derivatives. This commenter also 12.4 to add language allowing a requested that nonequity securities be comment letters to the proposed rule customer to use excess equity in a permitted to be held in the portfolio change.26 The comments, in general, regular margin account to meet a margin margin account for collateral purposes were supportive. One commenter stated deficiency in a portfolio margin account only, subject to the other applicable without having to transfer any funds or that it strongly supports ‘‘the significant margin requirements.35 The Exchange securities where the portfolio margin step forward represented by the noted that it agrees with the commenter 27 account is a sub-account of the regular currently proposed changes.’’ Another to the extent that nonequity securities margin account. In addition, the commenter stated that the portfolio may serve as collateral in the portfolio proposed rule change adds language margining of securities products will margin account.36 allowing positions (including nonequity ‘‘help U.S. brokers and exchanges One commenter requested that CBOE securities and money market mutual compete more effectively with their and NYSE eliminate differences funds) not eligible for portfolio margin overseas counterparts * * * and between the CBOE and NYSE risk treatment to be carried in the portfolio thereby increase the strength and disclosure documents. In response, margin account for their collateral liquidity of U.S. markets.’’ 28 Each CBOE (and the NYSE) amended the rule value, subject to the margin commenter, however, recommended text to eliminate the risk disclosure requirements of a regular margin changes to specific provisions of the language.37 account. proposed rule change. IV. Discussion and Commission h. Day Trading Several commenters 29 submitted Findings The proposed rule change amends the comments regarding the ability to use The Commission finds that the day trading provisions of Rule 12.4 to portfolio margin methodologies other proposed rule change, as amended, is provide that CBOE’s day trading rules than the method prescribed in the rule consistent with the requirements of the do not apply to portfolio margin to calculate customer margin Act and the rules and regulations accounts that have at least $5 million requirements. One commenter stated thereunder applicable to a national equity, provided the member firm has that the Commission has experience in 38 the ability to monitor the intra-day risk securities exchange. In particular, the approving proprietary market risk Commission believes that the proposed associated with day trading. In addition, models for consolidated supervised the proposed rule change would provide rule change, as amended, is consistent entities (CSEs) and OTC derivatives with section 6(b)(5) of the Act 39 in that that day trading will not be deemed to dealers.30 The Exchange stated, have occurred whenever the position or it is designed to perfect the mechanism however, that initially, the most prudent of a free and open market and to protect positions day traded were part of a course is for all broker-dealers to utilize 24 investors and the public interest. The hedge strategy that reduced the risk of the rule’s specified methodology and the portfolio. Commission notes that the proposed that in the longer term, proprietary risk portfolio margin rule change is intended i. Risk Disclosure Statement models could be considered as to promote greater reasonableness, 31 The proposed rule change eliminates alternatives. accuracy and efficiency with respect to the sample risk disclosure statement One commenter suggested that CBOE Exchange margin requirements and will and acknowledgement in the rule text.25 eliminate the requirement for a separate better align margin requirements with actual risk. j. Hedged Positions cross margin account and provide for one portfolio margin account for both Under a portfolio margin system, Under the pilot, an underlying futures and options; eliminate the offsets are fully realized, whereas under security in a portfolio margin account requirement that stock must be hedged the Exchange’s current margin rules, must be removed from the account if it in order to be carried in a portfolio positions are margined independent of is no longer offset by an option position. margin account; and eliminate the two- each other and offsets between them do The amendments propose to eliminate tiered per contract minimum margin not figure into the total margin the requirement to remove instruments requirement in favor of one overall requirement. A portfolio margin system that are no longer offset by options minimum.32 The CBOE stated that it recognizes the offsetting gains from positions. CBOE made this change in agrees with the proposed changes and positions that react favorably in market response to comments that all positions believes they are operationally feasible. declines, while market rises are eligible for a portfolio margin account, In response, CBOE made these changes including underlying securities, should 33 CBOE also made these changes to maintain receive equal treatment. Moreover, consistency with the NYSE filing. 26 See supra note 8. One of the comment letters 34 See SIA Letter. related to the extension of the comment period for 35 24 See SIA Letter. A ‘‘hedge strategy’’ for purposes of the day the proposed rule change. See SIA Extension Letter. trading restrictions on portfolio margining means a 36 See Amendment No. 1; see also CBOE 27 See SIA Letter. transaction or series of transactions that reduces or Response, supra note 9. 28 offsets a material portion of the risk in a portfolio. See Fimat Letter. 37 Id.; see supra note 25. 29 25 Instead the Exchange will send out a regulatory See SIA Letter and OCC Letter; see also CME 38 In approving this proposed rule change, the circular with the sample disclosure language. The Letter (discussing SPAN). Commission notes that it has considered the Exchange made this change to avoid having to file 30 See SIA Letter. proposed rule’s impact on efficiency, competition, a proposed rule change each time in the risk 31 See CBOE Response, supra note 9. and capital formation. 15 U.S.C. 78c(f). disclosure document is changed. 32 See SIA Letter. 39 15 U.S.C. 78f(b)(5).

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tempered by offsetting losses from adequate controls would be eligible to setting a uniform effective date will positions that react negatively. implement a customer portfolio avoid placing some firms at a Consequently, a portfolio margin margining program.42 competitive disadvantage and reduce approach can have a neutralizing effect CBOE also has requested that the confusion in the marketplace. on the volatility of margin requirements. Commission approve Amendment Nos. Thus, a portfolio margin system may 1 and 2 to the proposed rule change V. Solicitation of Comments of better align a customer’s total margin prior to the thirtieth day after Amendment Nos. 1 and 2 requirement with the actual risk publication of notice of the filing in the Interested persons are invited to associated with the customer’s positions Federal Register. The Commission submit written data, views, and taken as a whole. The Commission believes that the changes in Amendment arguments concerning the foregoing, further notes portfolio margining may Nos. 1 and 2 to the proposed rule including whether the proposed rule alleviate excessive margin calls, change do not raise significant new or change, as amended, is consistent with improve cash flows and liquidity, and unique issues from those previously the Exchange Act. Comments may be reduce volatility. raised in the earlier portfolio margin submitted by any of the following rule filings.43 The changes proposed by Moreover, the Commission notes that methods: approving the proposed rule change the Exchange in Amendment Nos. 1 and would enhance portfolio margining by 2 are designed to ensure consistency Electronic Comments permitting more products to be with the companion NYSE proposed • margined under this methodology. This rule filing and to respond to comments Use the Commission’s Internet is consistent with the amendments to received as a result of the Federal comment form (http://www.sec.gov/ Regulation T made by the FRB in 1998, Register notice.44 The Commission rules/sro.shtml); or which sought to advance the use of believes that these proposed changes • Send e-mail to rule- portfolio margining.40 The Commission strengthen the proposed rule change. [email protected]. Please include File also believes that this expanded Accordingly, the Commission finds Number SR–CBOE–2006–14 on the program for portfolio margining will good cause for approving Amendment subject line. serve to advance the development of Nos. 1 and 2 to the proposed rule even more risk-sensitive approaches to change prior to the thirtieth day after Paper Comments the date of publication of notice thereof margining customer positions, including • Send paper comments in triplicate in the Federal Register. Specifically, the the use of internal models as advocated to Nancy M. Morris, Secretary, Commission believes that it is by commenters. The Commission Securities and Exchange Commission, consistent with section 19(b)(2) of the intends to work with CBOE and the 100 F Street, NE., Washington, DC Act 45 to approve Amendment Nos. 1 NYSE towards this objective after it 20549–1090. gains experience with the portfolio and 2 to CBOE’s proposed rule change margining system of this proposal. prior to the thirtieth day after All submissions should refer to File The Commission believes that while publication of the notice of filing thereof Number SR–CBOE–2006–14. This file the portfolio margining system in the in the Federal Register. number should be included on the proposed rule will have the effect of Uniform Effective Date subject line if e-mail is used. To help the reducing customer margin (in most Commission process and review your cases), the methodology is relatively The Commission believes that comments more efficiently, please use conservative in that it requires positions approving the amendments on an only one method. The Commission will to be shocked at specified market move accelerated basis will permit CBOE to post all comments on the Commission’s ranges (e.g., ±15% for individual begin the process of approving broker- Internet Web site (http://www.sec.gov/ equities) that represent potential future dealers to implement portfolio rules/sro/shtml). Copies of the stress events. Essentially the same margining and would allow firms to submission, all subsequent portfolio methodology has been used by begin to make the necessary changes amendments, all written statements broker-dealers to calculate haircuts on and upgrades to their systems, as well with respect to the proposed rule options positions for net capital as their policies and procedures, in change that are filed with the purposes.41 Furthermore, the proposed order to accommodate customer Commission, and all written requirement that a firm receive pre- portfolio. The Commission, however, communications relating to the approval from the Exchange prior to believes that if some firms receive CBOE proposed rule change between the offering portfolio margining to its approval to begin offering customer Commission and any person, other than customers, coupled with the portfolio margining to customers before those that may be withheld from the requirement for enhanced risk other firms, these other firms would be public in accordance with the management procedures, is designed to at a competitive disadvantage. provisions of 5 U.S.C. 552, will be ensure that only those firms with Therefore, the Commission has available for inspection and copying in determined to set a uniform effective the Commission’s Public Reference 40 Federal Reserve System, ‘‘Securities Credit date of April 2, 2007 for the proposed Room. Copies of such filing also will be Transactions; Borrowing by Brokers and Dealers,’’ rule change, as amended. As stated available for inspection and copying at 63 FR 2806 (January 16, 1998); see also 12 CFR above, the Commission believes that 220.1(b)(3)(i); see also letter from the FRB to James the principal office of the Exchange. All E. Newsome, Acting Chairman, Commodity Futures comments received will be posted Trading Commission, and Laura S. Unger, Acting 42 The proposed rules also would continue to without change; the Commission does require a minimum per contract charge of $.375. Chairman, Commission, dated March 6, 2001. The not edit personal identifying FRB concluded the letter by writing ‘‘the Board The Commission also notes that the proposed rules anticipates that the creation of securities futures contain a leverage test under which a broker-dealer information from submissions. You products will provide another opportunity to cannot permit the amount of portfolio margin should submit only information that develop more risk-sensitive, portfolio-based required of its customers to exceed 10 times the you wish to make available publicly. All firm’s net capital. approaches for all securities, including securities submission should refer to File Number options and securities futures products.’’ Id. 43 See supra note 3. 41 See Exchange Act Release No. 38248 (February 44 See supra notes 6 and 7. SR–CBOE–2006–14 and should be 6, 1997), 62 FR 6474 (February 12, 1997). 45 15 U.S.C. 78s(b)(2). submitted on or before January 8, 2007.

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VI. Conclusion (4) The term ‘‘unlisted derivative’’ Up/down mar- It is therefore ordered, pursuant to means any equity-based (or equity ket move (high 46 index-based) unlisted option, forward Portfolio type & low valuation section 19(b)(2) of the Act, that the points) proposed rule change (File No. SR– contract or swap that can be valued by (percent) CBOE–2006–14), as amended, be and it a theoretical pricing model approved by hereby is, approved on an accelerated the Securities and Exchange Individual Equity 1 ...... +/¥15 Commission. basis, on a pilot basis to expire on July 1 In accordance with sub-paragraph 31, 2007. The effective date will be (5) The term ‘‘option series’’ means all (b)(1)(i)(B) of Rule 15c3–1a under the Securi- April 2, 2007. option contracts of the same type (either ties Exchange Act of 1934. By the Commission. a call or a put) and exercise style, (b) Eligible Participants. covering the same underlying Florence E. Harmon, Any member organization intending instrument with the same exercise price, Deputy Secretary. to apply the portfolio margin provisions expiration date, and number of of this Rule 12.4 to its accounts must Exhibit A—Chicago Board Options underlying units. Exchange, Inc. receive prior approval from its DEA. (6) The term ‘‘class’’ refers to all listed The member organization will be Chapter XII options, unlisted derivatives, security required to, among other things, futures products, and related Margins demonstrate compliance with Rule instruments that are based on the same 15.8A—Risk Analysis of Portfolio Rule 12.4. Portfolio Margin underlying instrument, and the Margin Accounts, and with the net As an alternative to the transaction/ underlying instrument itself. capital requirements of Rule 13.5— position specific margin requirements (7) The term ‘‘portfolio’’ means Customer Portfolio Margin Accounts. set forth in Rule 12.3 of this Chapter 12, products of the same class grouped The application of the portfolio a member organization may require together. margin provisions of this Rule 12.4 is margin for all margin equity securities (8) The term ‘‘related instrument’’ limited to the following customers: (as defined in Section 220.2 of within a class or product group means (1) Any broker or dealer registered Regulation T), listed options, unlisted index futures contracts and options on pursuant to Section 15 of the Securities derivatives, security futures products, index futures contracts covering the Exchange Act of 1934; and index warrants in accordance with same underlying instrument, but does (2) any member of a national futures the portfolio margin requirements not include security futures products. exchange to the extent that listed index contained in this Rule 12.4. (9) The term ‘‘underlying instrument’’ options, unlisted derivatives, options on In addition, a member organization, means a security or security index upon exchange traded funds, index warrants provided it is a Futures Commission which any listed option, unlisted or underlying instruments hedge the Merchant (‘‘FCM’’) and is either a derivative, security futures product or member’s related instruments, and clearing member of a futures clearing related instrument is based. The term (3) any person or entity not included organization or has an affiliate that is a underlying instrument shall not be in (b)(1) or (b)(2) above that is approved clearing member of a futures clearing for writing uncovered options. However, organization, is permitted under this deemed to include futures contracts, options on futures contracts or such persons or entities may not Rule 12.4 to combine a customer’s establish or maintain positions in related instruments (as defined below), underlying stock baskets. (10) The term ‘‘product group’’ means unlisted derivatives unless minimum listed index options, unlisted equity of at least five million dollars is derivatives, options on exchange traded two or more portfolios of the same type for which it has been determined by established and maintained with the funds, index warrants, and underlying member organization. For purposes of instruments and compute a margin Rule 15c3–1a(b)(ii) under the Securities Exchange Act of 1934 that a percentage the five million dollar minimum equity requirement for such combined requirement, all securities and futures products on a portfolio margin basis. of offsetting profits may be applied to losses at the same valuation point. accounts carried by the member Application of the portfolio margin organization for the same customer may provisions of this Rule 12.4 to IRA (11) The terms ‘‘theoretical gains and be combined provided ownership across accounts is prohibited. losses’’ means the gain and loss in the the accounts is identical. A guarantee by (a) Definitions. value of each eligible position at 10 any other account for purposes of the (1) The term ‘‘listed option’’ shall equidistant intervals (valuation points) minimum equity requirement is not mean any equity (or equity index-based) ranging from an assumed movement permitted. option traded on a registered national (both up and down) in the current (c) Opening of Accounts. securities exchange or automated market value of the underlying (1) Only customers that, pursuant to facility of a registered national securities instrument. Rule 9.7, have been approved for association. The magnitude of the valuation point (2) The term ‘‘security future’’ means writing uncovered options are permitted range shall be as follows: a contract of sale for future delivery of to utilize a portfolio margin account. (2) On or before the date of the initial a single security or of a narrow-based Up/down mar- security index, including any interest ket move (high transaction in a portfolio margin therein or based on the value thereof, to Portfolio type & low valuation account, a member shall: the extent that that term is defined in points) (A) Furnish the customer with a Section 3(a)(55) of the Securities (percent) special written disclosure statement describing the nature and risks of Exchange Act of 1934. High Capitalization, Broad- +6/¥8 (3) The term ‘‘security futures based Market Index 1. portfolio margining and which includes product’’ means a security future, or an Non-High Capitalization, +/¥10 an acknowledgement for all portfolio option on any security future. Broad-based Market margin account owners to sign, attesting Index 1. that they have read and understood the 46 15 U.S.C. 78s(b)(2). Narrow-based Index 1 ...... +/¥15 disclosure statement, and agree to the

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terms under which a portfolio margin Rule 12.3 of this Chapter 12 provided 1a under the Securities Exchange Act of account is provided, and that: 1934. (B) obtain a signed acknowledgement (i) The customer waives any right to (4) After applying paragraph (3) from the customer and record the date redeem the shares without the member above, the sum of the greatest loss from of receipt. organization’s consent, each portfolio is computed to arrive at (d) Establishing Account and Eligible (ii) the member organization (or, if the the total margin required for the account Positions. shares are deposited with a clearing (subject to the per contract minimum). (1) For purposes of applying the organization, the clearing organization) (5) In addition, if a security that is portfolio margin requirements provided obtains the right to redeem the shares in convertible, exchangeable, or in this Rule 12.4, member organizations cash upon request, exercisable into a security that is an are to establish and utilize a dedicated (iii) the fund agrees to satisfy any underlying instrument requires the securities margin account, or sub- conditions necessary or appropriate to payment of money or would result in a account of a margin account, clearly ensure that the shares may be redeemed loss if converted, exchanged, or identified as a portfolio margin account in cash, promptly upon request, and exercised at the time when the security that is separate from any other securities (iv) the member organization is deemed an underlying instrument, account carried for a customer. complies with the requirements of the full amount of the conversion loss A margin deficit in the portfolio Section 11(d)(1) of the Securities is required. margin account of a customer may not Exchange Act of 1934 and Rule 11d1– (g) Minimum Equity Deficiency. If, as be considered as satisfied by excess 2 thereunder. of the close of business, the equity in equity in another account. Funds and/ (e) Initial and Maintenance Margin the portfolio margin account declines or securities must be transferred to the Required. The amount of margin below the five million dollar minimum deficient account and a written record required under this Rule 12.4 for each equity required under Paragraph (b) of created and maintained. In the case of portfolio shall be the greater of: this Rule 12.4 and is not restored to the a portfolio margin account carried as a (1) The amount for any of the ten required level within three (3) business sub-account of a margin account, excess equidistant valuation points days by a deposit of funds or securities, equity in the margin account may be representing the largest theoretical loss or through favorable market action; used to satisfy a margin deficiency in as calculated pursuant to paragraph (f) member organizations are prohibited the portfolio margin sub-account below or from accepting new orders beginning on without transferring funds and/or (2) $.375 for each listed option, the fourth business day, except that new securities to the portfolio margin sub- unlisted derivative, security futures orders entered for the purpose of account. product, and related instrument reducing market risk may be accepted if (3) Eligible Positions multiplied by the contract or the result would be to lower margin (A) instrument’s multiplier, not to exceed requirements. This prohibition shall (i) a margin equity security (including the market value in the case of long remain in effect until such time as: a foreign equity security and option on positions. (1) The required minimum account a foreign equity security, provided the (f) Method of Calculation. equity is re-established or foreign equity security is deemed to (1) Long and short positions in (2) all unlisted derivatives are have a ‘‘ready market’’ under SEC Rule eligible positions are to be grouped by liquidated or transferred from the 15c3–1 or a no-action position issued class; each class group being a portfolio margin account to the thereunder; and a control or restricted ‘‘portfolio’’. Each portfolio is appropriate account. security, provided the security has met categorized as one of the portfolio types In computing net capital, a deduction the requirements in a manner consistent specified in paragraph (a)(11) above. in the amount of a customer’s equity with SEC Rule 144 or an SEC no-action (2) For each portfolio, theoretical deficiency may not serve in lieu of position issued thereunder, sufficient to gains and losses are calculated for each complying with the above requirements. permit the sale of the security, upon position as specified in paragraph (h) Determination of Value for Margin exercise of any listed option or unlisted (a)(11) above. For purposes of Purposes. For the purposes of this Rule derivative written against it, without determining the theoretical gains and 12.4, all eligible positions shall be restriction). losses at each valuation point, member valued at current market prices. (ii) a listed option on an equity organizations shall obtain and utilize Account equity for the purposes of this security or index of equity securities, the theoretical value of a listed option, Rule 12.4 shall be calculated separately (iii) a security futures product, unlisted derivative, security futures for each portfolio margin account by (iv) an unlisted derivative on an product, underlying instrument, and adding the current market value of all equity security or index of equity related instrument rendered by a long positions, subtracting the current securities, theoretical pricing model that has been market value of all short positions, and (v) a warrant on an equity security or approved by the Securities and adding the credit (or subtracting the index of equity securities, and Exchange Commission.1 debit) balance in the account. (vi) a related instrument. (3) Offsets. Within each portfolio, (i) Additional Margin. (4) Positions other than those listed in (1) If, as of the close of business, the theoretical gains and losses may be (3)(A) above are not eligible for portfolio equity in any portfolio margin account netted fully at each valuation point. margin treatment. However, positions is less than the margin required, the Offsets between portfolios within the not eligible for portfolio margin customer may deposit additional margin High Capitalization, Broad-Based Index treatment (except for ineligible related or establish a hedge to meet the margin Option, Non-High Capitalization, Broad- instruments) may be carried in a requirement within three business days. Based Index Option and Narrow-Based portfolio margin account subject to the After the three business day period, Index Option product groups may then margin required pursuant Rule 12.3 of member organizations are prohibited be applied as permitted by Rule 15c3– this Chapter 12. Shares of a money from accepting new orders, except that market mutual fund may be carried in 1 Currently, the theoretical model utilized by the new orders entered for the purpose of a portfolio margin account subject to the Options Clearing Corporation is the only model reducing market risk may be accepted if margin required pursuant to Exchange qualified. the result would be to lower margin

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requirements. In the event a customer portfolio. Member organizations are also Chapter XIII fails to deposit additional margin in an expected to monitor these portfolio Net Capital amount sufficient to eliminate any margin accounts to detect and prevent margin deficiency or hedge existing circumvention of the day trading Rule 13.5. Customer Portfolio Margin positions after three business days, the requirements. Accounts member organization must liquidate (j) Portfolio Margin Accounts— (a) No member organization that positions in an amount sufficient to, at Requirement to Liquidate. requires margin in any customer (1) A member organization is required a minimum, lower the total margin accounts pursuant to Rule 12.4— immediately either to liquidate, or required to an amount less than or equal Portfolio Margin shall permit gross transfer to another broker-dealer eligible to account equity. Member customer portfolio margin requirements to carry related instruments within organizations should not permit a to exceed 1,000 percent of its net capital portfolio margin accounts, all customer customer to make a practice of meeting for any period exceeding three business portfolio margin accounts with a portfolio margin deficiency by days. The member organization shall, positions in related instruments if the liquidation. Member organizations must beginning on the fourth business day of have procedures in place to identify member is: any non-compliance, cease opening new accounts that periodically liquidate (i) Insolvent as defined in section 101 portfolio margin accounts until positions to eliminate margin of title 11 of the United States Code, or compliance is achieved. is unable to meet its obligations as they deficiencies, and a member organization (b) If, at any time, a member mature; is expected to take appropriate action organization’s gross customer portfolio (ii) The subject of a proceeding when warranted. Liquidations to margin requirements exceed 1,000 pending in any court or before any eliminate margin deficiencies that are percent of its net capital, the member agency of the United States or any State caused solely by adverse price organization shall immediately transmit movements may be disregarded. in which a receiver, trustee, or telegraphic or facsimile notice of such Guarantees by any other account for liquidator for such debtor has been deficiency to the Office of Market purposes of margin requirements is not appointed; Supervision, Division of Market permitted. (iii) Not in compliance with (2) Pursuant to Rule 13.5—Customer applicable requirements under the Regulation, Securities and Exchange Portfolio Margin Accounts, if additional Securities Exchange Act of 1934 or rules Commission, 100 F Street, NE, margin required is not obtained by the of the Securities and Exchange Washington, DC 20549; to the district or close of business on T+1, member Commission or any self-regulatory regional office of the Securities and organizations must deduct in computing organization with respect to financial Exchange Commission for the district or net capital any amount of the additional responsibility or hypothecation of region in which the member margin that is still outstanding until customers’ securities; or organization maintains its principal such time as the additional margin is (iv) Unable to make such place of business; and to its Designated obtained or positions are liquidated computations as may be necessary to Examining Authority. pursuant to (i)(1) above. establish compliance with such (c) If any customer portfolio margin (3) A deduction in computing net financial responsibility or account becomes subject to a call for capital in the amount of a customer’s hypothecation rules. additional margin, and all of the margin deficiency may not serve in lieu (2) Nothing in this paragraph (j) shall additional margin is not obtained by the of complying with the requirements of be construed as limiting or restricting in close of business on T+1, member (i)(1) above. any way the exercise of any right of a organizations must deduct in computing (4) A member organization may registered clearing agency to liquidate or net capital any amount of the additional request from its DEA an extension of cause the liquidation of positions in margin that is still outstanding until time for a customer to deposit accordance with its by-laws and rules. such time as it is obtained or positions are liquidated pursuant to Rule additional margin. Such request must be * * * * * in writing and will be granted only in 12.4(i)(1). extraordinary circumstances. (Note: The sample risk description * * * * * (5) The day trading restrictions document is deleted in its entirety) promulgated under Rule 12.3(j) shall not Chapter XV Chapter 9 apply to portfolio margin accounts that Records, Reports and Audits establish and maintain at least five Doing Business with the Public million dollars in equity, provided a Rule 15.8A. Risk Analysis of Portfolio member organization has the ability to Rule 9.15. Delivery of Current Options Margin Accounts monitor the intra-day risk associated Disclosure Documents and Prospectus (a) Each member organization that with day trading. Portfolio margin (a) no change maintains any portfolio margin accounts accounts that do not establish and (b) no change for customers shall establish and maintain at least five million dollars in (c) The special written disclosure maintain a comprehensive written risk equity will be subject to the day trading statement describing the nature and analysis methodology for assessing and restrictions under Rule 12.3(j), provided risks of portfolio margining and monitoring the potential risk to the the member organization has the ability acknowledgement for customer member organization’s capital over a to apply the applicable day trading signature, required by Rule 12.4(c)(2) specified range of possible market restrictions under that Rule. However, if shall be in a format prescribed by the movements of positions maintained in the position or positions day traded Exchange or in a format developed by such accounts. The risk analysis were part of a hedge strategy, the day the member organization, provided it methodology shall specify the trading restrictions will not apply. A contains substantially similar computations to be made, the frequency ‘‘hedge strategy’’ for the purpose of this information as the prescribed Exchange of computations, the records to be rule means a transaction or a series of format and has received prior written reviewed and maintained, and the transactions that reduces or offsets a approval of the Exchange. person(s) within the organization material portion of the risk in a * * * * * responsible for the risk function. This

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risk analysis methodology must be filed SECURITIES AND EXCHANGE completed, proposed NASD Rule with the member organization’s COMMISSION 6130C(f) specifies that prior to Designated Examining Authority and December 15, 2006, members cannot use [Release No. 34–54909; File No. SR–NASD– submitted to the SEC prior to the 2006–129] the NASD/NSX TRF to report these implementation of portfolio margining. transactions to the NASD and must use (b) Upon direction by the Department Self-Regulatory Organizations; another electronic mechanism to satisfy of Member Firm Regulation, each National Association of Securities their reporting obligations. The text of affected member organization shall Dealers, Inc.; Notice of Filing and proposed NASD Rule 6130C(f) is provide to the Department such Immediate Effectiveness of a Proposed substantially similar to NASD Rule information as the Department may Rule Change Relating to the Use of a 6130(g), which the Commission reasonably require with respect to the Special Indicator for Transactions approved on June 12, 2006,7 and which member organization’s risk analysis for Reported in Accordance With Section became effective on December 1, 2006. any or all of the portfolio margin 3 of Schedule A to the NASD By-Laws In this proposal, the NASD also is accounts it maintains for customers. proposing technical conforming changes (c) In conducting the risk analysis of December 11, 2006. to NASD Rule 6130(g). portfolio margin accounts required by Pursuant to Section 19(b)(1) of the The text of the proposed rule change this Rule 15.8A, each member Securities Exchange Act of 1934 is available at www.nasd.com, at the organization shall include in the written (‘‘Act’’),1 and Rule 19b–4 thereunder,2 principal offices of the NASD, and at the risk analysis methodology required notice is hereby given that on November Commission’s Public Reference Room. pursuant to paragraph (a) above 29, 2006, the National Association of procedures and guidelines for: Securities Dealers, Inc. (‘‘NASD’’) filed II. Self-Regulatory Organization’s (1) Obtaining and reviewing the with the Securities and Exchange Statement of the Purpose of, and appropriate customer account Commission (‘‘Commission’’) the Statutory Basis for, the Proposed Rule documentation and financial proposed rule change as described in Change information necessary for assessing the Items I and II below, which Items have In its filing with the Commission, the amount of credit extended to customers, been prepared by the NASD. The NASD NASD included statements concerning (2) the determination, review and has submitted the proposed rule change the purpose of and basis for the approval of credit limits to each under Section 19(b)(3)(A) of the Act 3 proposed rule change and discussed any customer, and across all customers, and Rule 19b–4(f)(6) thereunder,4 which comments it received on the proposed utilizing a portfolio margin account, renders the proposal effective upon rule change. The text of these statements (3) monitoring credit risk exposure to filing with the Commission.5 The may be examined at the places specified the member organization from portfolio Commission is publishing this notice to in Item IV below. The NASD has margin accounts, on both an intra-day solicit comments on the proposed rule prepared summaries, set forth in and end of day basis, including the type, change from interested persons. sections A, B, and C below, of the most scope and frequency of reporting to significant aspects of such statements. senior management, I. Self-Regulatory Organization’s (4) the use of stress testing of portfolio Statement of the Terms of Substance of A. Self-Regulatory Organization’s margin accounts in order to monitor the Proposed Rule Change Statement of the Purpose of, and market risk exposure from individual The NASD proposes to adopt new Statutory Basis for, the Proposed Rule accounts and in the aggregate, paragraph (f) of NASD Rule 6130C, Change (5) the regular review and testing of ‘‘Trade Report Input,’’ which will these risk analysis procedures by an 1. Purpose require members that report to the independent unit such as internal audit NASD/NSX Trade Reporting Facility Background or other comparable group, 6 In the June 2006 Order, the (6) managing the impact of credit (‘‘NASD/NSX TRF’’) odd-lot extension on the member organization’s transactions, sales where the buyer and Commission approved an NASD overall risk exposure, seller have agreed to a price proposal that, among other things, (7) the appropriate response by substantially unrelated to the current amended the NASD’s By-Laws to management when limits on credit market for the security (also referred to require members to report to the NASD extensions have been exceeded, and as ‘‘away from the market sales’’), and in an automated manner all transactions (8) determining the need to collect purchases or sales of securities effected that must be reported to the NASD and additional margin from a particular upon the exercise of an over-the-counter that are subject to a regulatory eligible participant, including whether (‘‘OTC’’) option to use a special transaction fee pursuant to Section 3 of that determination was based upon the indicator denoting that such Schedule A to the NASD By-Laws creditworthiness of the participant and/ transactions are reported in accordance (‘‘Section 3’’).8 In that proposal, the or the risk of the eligible position(s). with Section 3 of Schedule A to the NASD also adopted NASD Rule 6130(g), Moreover, management must NASD By-Laws. Because the systems which requires members to report to the periodically review, in accordance with changes required to enable the NASD/ System, defined to include the NASD/ written procedures, the member NSX TRF to support the proposed new organization’s credit extension activities trade report modifiers have not been 7 See Securities Exchange Act Release No. 53977 (June 12, 2006), 71 FR 34976 (June 16, 2006) (order for consistency with these guidelines. approving SR-NASD–2006–055) (‘‘June 2006 1 15 U.S.C. 78s(b)(1). Management must periodically Order’’). 2 17 CFR 240.19b–4. determine if the data necessary to apply 8 See June 2006 Order, supra note 7. Pursuant to 3 this Rule 15.8A is accessible on a timely 15 U.S.C. 78s(b)(3)(A). Section 31 of the Act, the NASD and the national 4 17 CFR 240.19b–4(f)(6). basis and information systems are securities exchanges are required to pay transaction 5 The NASD has asked the Commission to waive fees and assessments to the Commission that are available to capture, monitor, analyze the 30-day operative delay provided in Rule 19b– designed to recover the costs related to the and report relevant data. 4(f)(6)(iii). 17 CFR 240.19b–4(f)(6)(iii). government’s supervision and regulation of the 6 The NASD/NSX TRF is the trade reporting securities markets and securities professionals. The [FR Doc. E6–21480 Filed 12–15–06; 8:45 am] facility established by the NASD and the National NASD obtains its Section 31 fees and assessments BILLING CODE 8011–01–P Stock Exchange. from its membership, in accordance with Section 3.

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Nasdaq Trade Reporting Facility (the NASD facility that accepts the electronic dissemination of trade information that ‘‘NASD/Nasdaq TRF’’), odd-lot reporting of such transactions, e.g., the could distort the tape. transactions, away from the market NASD/Nasdaq TRF or the Alternative B. Self-Regulatory Organization’s sales, and OTC option exercises with a Display Facility (‘‘ADF’’), to satisfy their Statement on Burden on Competition special indicator denoting that such reporting obligations. The text of transactions are reported in accordance proposed NASD Rule 6130C(f) makes The NASD does not believe that the with Section 3. The effective date of the clear that if members use the NASD/ proposed rule change will result in any proposal was December 1, 2006. NSX TRF to report such transactions to burden on competition that is not On November 6, 2006, the the NASD, their reports must comply necessary or appropriate in furtherance Commission approved the NASD’s with the requirements set forth in NASD of the purposes of the Act. proposal to establish the NASD/NSX Rule 6130C(f). The NASD also is 9 C. Self-Regulatory Organization’s TRF. The NASD/NSX TRF provides proposing conforming changes to the Statement on Comments on the members with an additional mechanism text of NASD Rule 6130(g) to maintain Proposed Rule Change Received From for reporting transactions in exchange- consistency among the rules for the Members, Participants or Others listed securities executed otherwise NASD Trade Reporting Facilities and to than on an exchange. The rules relating clarify that members may, but are not Written comments were neither to the NASD/NSX TRF, which are found required to, use the NASD/Nasdaq TRF solicited nor received. in the NASD Rule 4000C and 6000C to report such transactions.10 III. Date of Effectiveness of the Series, are substantially similar to the Finally, the NASD notes that the Proposed Rule Change and Timing for rules relating to the NASD/Nasdaq TRF. systems changes that will enable the Commission Action The NASD/NSX TRF rules became NASD/NSX TRF to support the new The NASD has filed the proposed rule effective on November 27, 2006, the trade report modifiers cannot be date on which the NASD/NSX TRF change pursuant to Section 19(b)(3)(A) implemented as of December 1, 2006. of the Act 13 and subparagraph (f)(6) of commenced operation with respect to As a result, proposed NASD Rule 14 certain Nasdaq-listed securities. Rule 19b–4 thereunder. Because the 6130C(f) provides that prior to NASD has designated the foregoing Proposed Amendments December 15, 2006, members cannot proposed rule change as one that: (1) report these transactions to the NASD/ Does not significantly affect the The NASD proposes to adopt new NSX TRF and must use an alternative NASD Rule 6130C(f) to require members protection of investors or the public electronic mechanism to satisfy their interest; (2) does not impose any that submit reports to the NASD/NSX reporting obligations under Section 3. TRF for odd-lot transactions, away from significant burden on competition; and The NASD believes that requiring the market sales, and transactions (3) does not become operative for 30 members to report these transactions for pursuant to the exercise of an OTC days from the date of filing, or such regulatory purposes with the option to use a special indicator shorter time as the Commission may appropriate modifier will enhance the denoting that such transactions are designate if consistent with the audit trail while preventing the reported in accordance with Section 3. protection of investors and the public dissemination of trade information that The proposed new paragraph specifies interest, the proposed rule change has could distort the tape. that transactions may be entered as become effective pursuant to Section clearing or non-clearing. Pursuant to The NASD has filed the proposed rule 19(b)(3)(A) of the Act and Rule 19b– NASD Rule 4632C(e), these transactions change for immediate effectiveness. The 4(f)(6) thereunder. As required under are not to be reported to the NASD/NSX NASD proposes to make the proposed Rule 19b–4(f)(6)(iii), the NASD provided TRF for purposes of publication. rule change operative on December 1, the Commission with written notice of Proposed NASD Rule 6130C(f) also 2006, the effective date of the its intention to file the proposed rule specifies the trade report modifiers that amendments to Section 3 and change at least five business days prior must be used when reporting these substantially similar amendments to to filing the proposal with the NASD Rule 6130(g) relating to the Commission or such shorter period as transactions to the NASD/NSX TRF: (1) 11 .RO for transactions of less than a NASD/Nasdaq TRF. designated by the Commission. normal unit of trading; (2) .RA for away 2. Statutory Basis A proposed rule change filed under from the market sales; and (3) .RX for Rule 19b–4(f)(6) normally does not transactions effected pursuant to the The NASD believes that the proposed become operative prior to 30 days after exercise of an OTC option. These trade rule change is consistent with the the date of filing. However, Rule 19b– provisions of Section 15A(b)(6) of the 4(f)(6)(iii) permits the Commission to report modifiers are identical to the 12 modifiers required under NASD Rule Act, which requires, among other designate a shorter time if such action 6130(g). things, that NASD rules be designed to is consistent with the protection of The text of proposed NASD Rule prevent fraudulent and manipulative investors and the public interest. The 6130C(f) differs slightly from the current acts and practices, to promote just and NASD has asked the Commission to text of NASD Rule 6130(g). While equitable principles of trade, and, in waive the 30-day operative delay to members have an affirmative obligation general, to protect investors and the allow the proposed rule change to pursuant to Section 3 to report to the public interest. The NASD believes that become operative on December 1, 2006, NASD in an automated manner all the proposed rule change will enhance the effective date for substantially covered odd-lot transactions, away from the audit trail while preventing the similar amendments to NASD Rule the market sales, and exercises of OTC 6130, which governs the NASD/Nasdaq options, they are not required to report 10 The NASD notes that ‘‘System’’ is defined for TRF.15 The NASD notes, however, that purposes of NASD Rule 6130 to include the OTC the systems changes necessary to allow such transactions to the NASD/NSX Reporting Facility, which is the only mechanism TRF. Instead, members may use any available to members for reporting transactions in the NASD/NSX TRF to support the new OTC equity securities in accordance with NASD 9 See Securities Exchange Act Release No. 54715 Rule 6620. 13 15 U.S.C. 78s(b)(3)(A). (November 6, 2006), 71 FR 66354 (November 14, 11 See June 2006 Order, supra note 7. 14 17 CFR 240.19b–4(f)(6). 2006) (order approving SR–NASD–2006–108). 12 15 U.S.C. 78o–3(b)(6). 15 See June 2006 Order, supra note 7.

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trade report modifiers provided in Commission process and review your of 1934 (‘‘Act’’ or ‘‘Exchange Act’’) 1 and NASD Rule 6130C(f) could not be comments more efficiently, please use Rule 19b–4 2 thereunder, a proposed implemented as of December 1, 2006. only one method. The Commission will rule change seeking to amend NYSE For that reason, NASD Rule 6130C(f) post all comments on the Commission’s Rules 431 and 726 to expand the scope prohibits NASD members from Internet Web site (http://www.sec.gov/ of products that are eligible for reporting transactions covered by NASD rules/sro.shtml). Copies of the treatment as part of the NYSE’s Rule 6130(f) to the NASD/NSX TRF submission, all subsequent approved portfolio margin pilot program prior to December 15, 2006, and amendments, all written statements and to eliminate the requirement for a requires them to use an alternative with respect to the proposed rule separate cross-margin account.3 The electronic mechanism to satisfy their change that are filed with the proposed rule change would expand the reporting obligations prior to that date. Commission, and all written scope of eligible products in the pilot to The Commission believes that communications relating to the include margin equity securities and waiving the 30-day operative delay is proposed rule change between the unlisted derivatives. 4 The proposed consistent with the protection of Commission and any person, other than rule change was published in the investors and the public interest those that may be withheld from the Federal Register on April 6, 2006.5 The because it will allow NASD members to public in accordance with the Commission subsequently extended the submit to the NASD/NSX TRF trade provisions of 5 U.S.C. 552, will be comment period for the original reports for the transactions specified in available for inspection and copying in proposed rule filing until May 11, NASD Rule 6130C(f) on or after the Commission’s Public Reference 2006.6 The Commission received 8 December 15, 2006, thereby providing Room. Copies of such filing also will be comment letters in response to the NASD members with an additional available for inspection and copying at Federal Register notice.7 On July 20, means to satisfy their obligation to the principal office of the NASD. All report these transactions.16 For this comments received will be posted 1 15 U.S.C. 78s(b)(1). reason, the Commission designates that without change; the Commission does 2 17 CFR 240.19b–4. 3 the proposal become operative on not edit personal identifying See Exchange Act Release No. 52031 (July 14, information from submissions. You 2005), 70 FR 42130 (July 21, 2005) (SR–NYSE– December 1, 2006. 2002–19). On July 14, 2005, the Commission At any time within 60 days of the should submit only information that approved on a pilot basis expiring July 31, 2007, filing of such proposed rule change, the you wish to make publicly available. All amendments to Rule 431 that permit broker-dealers Commission may summarily abrogate submissions should refer to File to determine customer margin requirements for Number SR–NASD–2006–129 and portfolios of listed broad-based securities index such rule change if it appears to the options, warrants, futures, futures options and Commission that such action is should be submitted on or before related exchange-traded funds using a specified necessary or appropriate in the public January 8, 2007. portfolio margin methodology. The Commission For the Commission, by the Division of also approved amendments to Rule 726 to require interest, for the protection of investors, disclosure to, and written acknowledgment from, or otherwise in furtherance of the Market Regulation, pursuant to delegated customers using a portfolio margin account. See 17 purposes of the Act. authority. also NYSE Information Memo 05–56, dated August Florence E. Harmon, 18, 2005 (for additional information); and Exchange VI. Solicitation of Comments Deputy Secretary. Act Release No. 54125 (July 11, 2006), 71 FR 40766 (July 18, 2006) (SR–NYSE–2005–93) (approving Interested persons are invited to [FR Doc. E6–21452 Filed 12–15–06; 8:45 am] securities futures products and listed single stock submit written data, views, and BILLING CODE 8011–01–P options as eligible products for portfolio arguments concerning the foregoing, margining). including whether the proposed rule 4 For purposes of the pilot, a margin equity SECURITIES AND EXCHANGE security is a security that meets the definition of a change is consistent with the Act. ‘‘margin equity security’’ under Regulation T of the Comments may be submitted by any of COMMISSION Federal Reserve Board (‘‘FRB’’). See 12 CFR 220.2. the following methods: Release No. 34–54918; File No. SR–NYSE– An unlisted derivative means ‘‘any equity-based or equity index-based unlisted option, forward Electronic Comments 2006–13] contract, or security-based swap that can be valued • by a theoretical pricing model approved by the Use the Commission’s Internet Self-Regulatory Organizations; New SEC.’’ See proposed Rule 431(g)(2)(I). comment form (http://www.sec.gov/ York Stock Exchange LLC; Order 5 See Exchange Act Release No. 53577 (March 30, rules/sro.shtml); or Approving a Proposed Rule Change to 2006), 71 FR 17539 (April 6, 2006) (SR–NYSE– • Send an e-mail to rule- Rule 431 (‘‘Margin Requirements’’) and 2006–13). The Chicago Board Options Exchange, Incorporated (‘‘CBOE’’) also filed a similar proposed [email protected]. Please include File Rule 726 (‘‘Delivery of Options rule filing seeking to expand the scope of eligible Number SR–NASD–2006–129 on the Disclosure Document and products under its portfolio margin pilot program. subject line. Prospectus’’), and Notice of Filing and See Exchange Act Release No. 53576 (March 30, 2006), 71 FR 17519 (April 6, 2006) (SR–CBOE– Paper Comments Order Granting Accelerated Approval to Amendment No. 1 to the Proposed 2006–14). • 6 See Exchange Act Release No. 53728 (April 26, Send paper comments in triplicate Rule Change Relating to Customer 2006), 71 FR 25878 (May 2, 2006). to Nancy M. Morris, Secretary, Portfolio Margining 7 See letter from Timothy H. Thompson, Senior Securities and Exchange Commission, Vice President, Chief Regulatory Officer, Regulatory Station Place, 100 F Street, NE., December 12, 2006. Services Division, CBOE, to Nancy Morris, Washington, DC 20549–1090. Secretary, Commission, dated June 5, 2006 (‘‘CBOE I. Introduction Letter’’); letter from William H. Navin, Executive All submissions should refer to File On March 2, 2006, the New York Vice President, General Counsel and Secretary, The Number SR–NASD–2006–129. This file Stock Exchange LLC (‘‘NYSE’’ or Options Clearing Corporation (‘‘OCC’’), to Nancy M. number should be included on the Morris, Secretary, Commission, dated May 19, 2006 ‘‘Exchange’’) filed with the Securities (‘‘OCC Letter’’); letter from James Barry, on behalf subject line if e-mail is used. To help the and Exchange Commission of the Ad Hoc Portfolio Margin Committee, John (‘‘Commission’’), pursuant to Section Vitha, Chair, Derivatives Product Committee and 16 For purposes only of waiving the 30-day Christopher Nagy, Chair, Options Committee, operative delay, the Commission has considered the 19(b)(1) of the Securities Exchange Act Securities Industry Association, to Nancy M. proposed rule’s impact on efficiency, competition, Morris, Secretary, dated May 16, 2006 (‘‘SIA and capital formation. 15 U.S.C. 78c(f). 17 17 CFR 200.30–3(a)(12). Letter’’); letter from Gary Alan DeWaal, Group

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2006, the Exchange filed a response to 431 requires that margin be calculated cases, will generally lower customer these comments.8 The comment letters using fixed percentages, on a position- margin requirements.15 and the Exchange’s responses to the by-position basis. In contrast, the The amount of margin (initial and comments are summarized below. On current portfolio margin pilot program maintenance) required with respect to a September 13, 2006, the Exchange filed permits a broker-dealer to calculate given portfolio would be the larger of: Amendment No. 1 to the proposed rule customer margin requirements by (1) The greatest portfolio-wide loss change.9 grouping all products in an account that amount among the valuation point This order approves the proposed rule are based on the same index or issuer calculations; or (2) the sum of $.375 for change. Simultaneously, the into a single portfolio. For example, each option and future in the portfolio Commission provides notice of filing of multiplied by the contract’s or futures, options and exchange traded 16 Amendment No. 1, grants accelerated funds based on the S&P 500 would each instrument’s multiplier. The second approval of Amendment No. 1 and computation establishes a minimum be grouped in a portfolio and products solicits comments from interested margin requirement to ensure that a based on IBM would be grouped into a persons on Amendment No. 1.10 certain level of margin is required from separate portfolio. the customer in the event the greatest II. Description The broker-dealer then calculates a portfolio-wide loss among the valuation a. Portfolio Margining customer’s margin requirement by points is de minimis. ‘‘shocking’’ each portfolio at different The proposed rule change consists of b. Expansion of Eligible Products amendments to Rule 431 to include equidistant points along a range Under the Exchange’s proposed rule, margin equity securities (as defined in representing a potential percentage products eligible for portfolio margining Regulation T) and unlisted derivatives increase and decrease in the value of the would be expanded to include margin as eligible products for the portfolio instrument or underlying instrument in equity securities (as defined under margining pilot.11 The proposed rule the case of a derivative product. Regulation T),17 unlisted derivatives change also includes amendments to Currently, under the pilot, products of and futures contracts on narrow-based eliminate the requirement of a separate portfolios based on high capitalization, security indexes.18 The unlisted cross-margin account. Rule 431 broad-based securities indexes are derivatives would be included in a prescribes specific margin requirements shocked along a range spanning an portfolio based on the underlying for customers based on the type of increase of 6% and a decrease of 8%. reference index or security. Individual securities held in their accounts.12 Portfolios of products based on non- equities and narrow-based index futures Outside the existing pilot program, Rule high capitalization, broad-based would be included in a portfolio securities indexes are shocked along a shocked at a range spanning an increase General Counsel and Director of Legal and range spanning an increase of 10% and of 15% and a decrease of 15% (as is the Compliance, Fimat USA, LLC, to Nancy M. Morris, a decrease of 10%. Portfolios of Secretary, Commission, dated May 11, 2006 (‘‘Fimat case with listed single stock options and Letter’’); letter from Stuart J. Kaswell, Partner, products based on an equity security are securities futures). Dechert LLP, Counsel for Federated Investors, Inc., shocked along a range spanning an to Nancy M. Morris, Secretary, Commission, dated increase of 15% and a decrease of c. Margin Deficiency May 10, 2006 (‘‘Federated Letter’’); letter from Craig 13 S. Donohue, Chief Executive Officer, Chicago 15%. The proposed rule change The current rule requires a customer Mercantile Exchange Inc., to Jonathan G. Katz, would continue to apply these shock to satisfy a margin deficiency in a Secretary, Commission, dated May 9, 2006 (‘‘CME ranges. In addition, as with the current portfolio margin account within three Letter’’); letter from Gerard J. Quinn, Vice President pilot, a theoretical options pricing and Associate General Counsel, SIA, to Nancy M. business days by depositing additional Morris, Secretary, Commission, dated April 21, model would continue to be used to securities or cash or effecting an 2006 (‘‘SIA Extension Letter’’); and e-mail from derive position values at each valuation offsetting hedge.19 The current pilot also Stephen A. Kasprzak, Principal Counsel, Rule and point for the purpose of determining the requires a broker-dealer to deduct from Interpretive Standards, NYSE, dated April 21, 2006 14 (‘‘Kasprzak e-mail’’). gain or loss. its net capital the amount of any 8 See letter from Mary Yeager, Assistant Secretary, The portfolio shocks described above portfolio margin call not met by the NYSE, to Michael A. Macchiaroli, Associate result in a gain or loss for each close of business on T+1 and until the Director, Division of Market Regulation, instrument in a portfolio at each Commission, dated July 20, 2006 (‘‘NYSE 15 For example, the current required initial and Response’’). calculation point along the range. These maintenance margin requirements for an equity 9 The NYSE filed Amendment No. 1 in response gains and losses are netted to derive a security are 50% and 25%, respectively. The market to comments received and to make other clarifying potential portfolio-wide gain or loss for movement range to calculate the potential gains and changes to the proposed rule filing. See Section II. losses under the proposed portfolio margin rule for for a discussion of the changes in Amendment No. the point. The margin requirement for a equity securities is +/¥15%. 1. A clean copy of the proposed rule, as amended portfolio is the amount of the greatest 16 The multiplier for a standard listed option is by Amendment No. 1, is attached to this order as portfolio-wide loss among the fixed by the options market on which the options Appendix A. calculation points. The margin series is traded. For example, a cash settled equity 10 By separate order, the Commission also is option generally has a multiplier of 100. Therefore, approving a parallel rule filing by CBOE (SR– requirements for each portfolio are the minimum margin for one options contract CBOE–2006–14). Exchange Act Release No. 54919; added together to calculate the total would be $37.50. The multipliers for different see also supra note 5. margin requirement for the portfolio securities and futures products may vary. 11 The list of eligible products under the pilot margin account. This approach, in most 17 Margin equity securities include certain foreign currently includes listed broad-based securities equity securities and options on foreign equity index options, warrants, futures, futures options securities. See 12 CFR 220.2 and related exchange-traded funds, as well as single 13 For example, under the pilot, a portfolio of 18 The Commission approved listed single stock stock options and securities futures products. single stock futures and listed equity options would options and securities futures products (excluding 12 The margin rules specify the amount of equity be shocked at 10 equidistant points along a range narrow-based indexes) as eligible products on July a customer must maintain in his or her margin bounded on one end by a 15% increase in the 11, 2006. See supra note 3. account with respect to securities positions market value of the instrument and at the other end 19 The original pilot required margin calls to be financed by the broker-dealer. The equity protects by a 15% decrease (i.e., at +/¥3%, +/¥6%, +/ met by T+1. The current requirement of meeting the broker-dealer in the event the customer defaults ¥9%, +/¥12% and +/¥15%). margin calls within three business days was on the obligation to re-pay the financing and the 14 Currently, the only model that qualifies is the approved in SR-NYSE–2005–93. See Exchange Act broker-dealer is forced to liquidate the position at OCC’s Theoretical Intermarket Margining System Release No. 54125 (July 11, 2006), 71 FR 40766 a loss. (TIMS). (July 18, 2006).

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call is satisfied. The proposal would indicated that maintaining and • Eliminates the sample risk now further require the broker-dealer to monitoring two separate margin disclosure statement and have in place procedures to identify accounts would be operationally acknowledgement in the rule text.27 accounts that periodically liquidate difficult and that it would be more III. Summary of Comments Received positions to eliminate margin efficient to hold all positions in one and NYSE Response deficiencies, and to take appropriate securities account. action when warranted.20 The Commission received a total of 8 g. Hedged Positions comment letters to the proposed rule d. $5 Million Equity Requirement Under the pilot, an underlying change.28 The comments, in general, The current pilot requires customers security in a portfolio margin account were supportive. One commenter stated that are not broker-dealers or futures must be removed from the account if it that it strongly supports ‘‘the significant firms to maintain minimum account is no longer offset by an option position. step forward represented by the equity of $5 million if they opt to The amendments propose to eliminate currently proposed changes.’’ 29 Another include portfolios of broad-based the requirement to remove instruments commenter stated that the portfolio securities index products in their that are no longer offset by options margining of securities products will accounts.21 The proposed rule change positions. The Exchange made this ‘‘help U.S. brokers and exchanges would eliminate the $5 million account change in response to comments that all compete more effectively with their equity requirement for all portfolio positions eligible for a portfolio margin overseas counterparts * * * and margin accounts, except those holding account, including underlying thereby increase the strength and unlisted derivatives.22 securities, should receive equal liquidity of U.S. markets.’’ 30 Each treatment. Moreover, the Exchange commenter, however, recommended e. Risk Management Methodology noted that it would be operationally changes to specific provisions of the The pilot requires member broker- difficult to move positions in and out of proposed rule change. 31 dealers to monitor the risk of portfolio the portfolio margin account based on Several commenters submitted margin accounts and maintain a written whether they are currently being offset. comments regarding the ability to use risk analysis methodology for assessing portfolio margin methodologies other potential risk to the firm’s capital. This h. Discussion of Changes to the than the method prescribed in the rule risk analysis methodology must be made Proposed Rule Change in Amendment to calculate customer margin available to the Exchange upon request. No. 1 requirements. One commenter stated The proposed rule change strengthens The Exchange filed Amendment No. 1 that the Commission has experience in these requirements by providing that, to the proposed rule change in response approving proprietary market risk the member broker-dealer must file the to comments received, to make models for consolidated supervised risk analysis methodology with the conforming changes to the CBOE rule entities (CSEs) and OTC derivatives 32 Exchange (or the firm’s Designated filing 25 and to otherwise clarify certain dealers. In its response, the Exchange Examining Authority, if not the terms and definitions. The following acknowledged that proprietary models 23 may prove to be effective and efficient Exchange) and submit it to the summarizes the changes made in 33 Commission prior to implementation. Amendment No. 1 to the proposed rule in managing risk. The Exchange The proposed rule change also requires change. In Amendment No. 1, the stated, however, that initially, regulators the inclusion of additional procedures Exchange: should gain experience with portfolio and guidelines as part of the • Clarifies certain definitions and margining through the rule’s specified methodology.24 conforms others to the CBOE filing; methodology and that in the longer • Adds language allowing a customer term, proprietary risk models could be f. Cross-Margin Account considered as alternatives. to use excess equity in a regular margin One commenter suggested that futures The proposed rule change would account to meet a margin deficiency in positions in a portfolio margin account eliminate the requirement that a portfolio margin account without be held in a separate futures account, portfolios with futures positions be held having to transfer any funds or while securities positions be held in a in a separate cross-margin account. securities where the portfolio margin securities account.34 The commenter Under the proposal, a customer would account is a sub-account of the regular referred to this approach as the ‘‘two be permitted to use a single securities margin account; margin account for all eligible products. • Adds language allowing positions without the restrictions of NYSE’s day trading rules, The Exchange and commenters have not eligible for portfolio margin if the member firm has the ability to monitor the treatment to be carried in the portfolio intra-day risk associated with day trading. Further, 20 The current pilot requires that member firms margin account for their collateral if a participant has less than $5 million equity, the not permit a customer to make a practice of meeting day trading restrictions will apply, unless the a portfolio margin deficiency through liquidation. value, subject to the margin position or positions day traded were part of a 21 The $5 million account equity requirement for requirements of a regular margin hedge strategy. such customers was eliminated to the extent they account; 27 Instead the Exchange will send out an limited their accounts to portfolios of listed options • Adds language permitting shares of Information Memo with the sample disclosure language. The Exchange made this change to avoid and securities futures. See SR–NYSE–2005–93, a money market mutual fund to be held supra note 3. having to file a proposed rule change each time in the risk disclosure document is changed. 22 See proposed Rule 431(g)(4)(C). in a portfolio margin account (subject to 28 See supra note 7. Two of these comment letters 23 Amendment No. 1 to the proposed rule applicable margin requirements), related to the extension of the comment period for amended the rule language to state that the written provided certain requirements are met; the proposed rule change. See SIA Extension Letter risk methodology must be filed with the Exchange, • Clarifies the restrictions with and Kasprzak e-mail. rather than approved by the Exchange, as proposed, 26 respect to day trading in a portfolio 29 in the March 2, 2006 rule filing. See SIA Letter. 30 See Fimat Letter. 24 The current pilot also requires member firms to margin account; and 31 notify, and receive approval from the Exchange, See SIA Letter and OCC Letter; see also CME prior to opening portfolio margin accounts for 25 See supra note 5. Letter (discussing SPAN). customers. The proposed rule modifies this 26 NYSE proposed to amend the rule text to allow 32 See SIA Letter. requirement by requiring approval from a member a customer that establishes and maintains at least 33 See NYSE Response, supra note 8. firm’s DEA, if it is not the Exchange. $5 million in equity to engage in day trading 34 See CME Letter.

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pot’’ model.35 The commenter stated text in Amendment No. 1 to the requirement. A portfolio margin system that it favors this ‘‘two pot’’ approach proposed rule change.44 recognizes the offsetting gains from because it believes that it more easily One commenter objected to the $0.375 positions that react favorably in market accommodates differences in customer per contract minimum margin declines, while market rises are protection and capital requirements of requirement, and offered alternative tempered by offsetting losses from the Commission and the Commodity lower minimums.45 In response to this positions that react negatively. Futures Trading Commission comment, the Exchange noted that the Consequently, a portfolio margin (‘‘CFTC’’).36 Commenters, in general, $.375 per contract minimum provides a approach can have a neutralizing effect favored a single portfolio margin cushion against significant market on the volatility of margin requirements. securities account (referred to as the movements. The Exchange also noted Thus, a portfolio margin system may ‘‘one pot’’ approach).37 One commenter that it is concerned about potential better align a customer’s total margin stated that the ‘‘disadvantages of a two illiquidity in the market and the requirement with the actual risk pot model outweigh its advantages.’’ 38 creation of gap risk in the event both associated with the customer’s positions The Exchange stated that it believes that sides of a hedge cannot be closed out taken as a whole. The Commission a one pot approach will provide for simultaneously. further notes portfolio margining may more efficient margining, reduce broker- Several commenters objected to the alleviate excessive margin calls, dealer/FCM liquidity risk and reduce proposed prohibition on day trading in improve cash flows and liquidity, and operational inefficiencies. a portfolio margin account.46 The reduce volatility. Three commenters expressed the need Exchange noted that the day trading Moreover, the Commission notes that for the Commission and the CFTC to prohibition is not intended to prohibit approving the proposed rule change continue working towards eliminating intraday trading in an account that would enhance portfolio margining by the legal and regulatory impediments to contains a large portfolio of hedged permitting more products to be cross-margining futures and securities instruments and, in response to the margined under this methodology. This products.39 In response, the Exchange comments, amended the day trading is consistent with the amendments to stated that it will continue to work with rule language.47 Regulation T made by the FRB in 1998, the Commission and the CFTC on the Finally, the Exchange encouraged the which sought to advance the use of regulatory issues related to holding Commission to move forward in portfolio margining.51 The Commission securities and futures in a portfolio. approving the amendments.48 also believes that this expanded One commenter stated that portfolio program for portfolio margining will IV. Discussion and Commission margining should be expanded to serve to advance the development of Findings and Accelerated Approval of include nonequity securities, interest even more risk-sensitive approaches to Amendment No. 1 rate derivatives, collateralized debt margining customer positions, including obligations and other similar non-equity The Commission finds that the the use of internal models as advocated related products, and foreign currency proposed rule change, as amended, is by commenters. The Commission derivatives.40 This commenter also consistent with the requirements of the intends to work with the NYSE and requested that nonequity securities be Act and the rules and regulations CBOE towards this objective after it permitted to be held in the portfolio thereunder applicable to a national gains experience with the portfolio margin account for collateral purposes securities exchange.49 In particular, the margining system of this proposal. only, subject to the other margin Commission believes that the proposed The Commission believes that while requirements of NYSE Rule 431.41 The rule change, as amended, is consistent the portfolio margining system in the Exchange noted that it agrees with the with Section 6(b)(5) of the Act 50 in that proposed rule will have the effect of commenter to the extent that nonequity it is designed to perfect the mechanism reducing customer margin (in most securities may serve as collateral in the of a free and open market and to protect cases), the methodology is relatively portfolio margin account.42 The investors and the public interest. The conservative in that it requires positions Exchange also stated that once the SROs Commission notes that the proposed to be shocked at specified market move and broker-dealers gain more experience portfolio margin rule change is intended ranges (e.g., +/¥15% for individual with portfolio margining, the Exchange to promote greater reasonableness, equities) that represent potential future may consider whether nonequity accuracy and efficiency with respect to stress events. Essentially the same products should be eligible for portfolio Exchange margin requirements and will portfolio methodology has been used by margining. better align margin requirements with broker-dealers to calculate haircuts on One commenter sought clarification actual risk. options positions for net capital as to whether broker-dealers and their Under a portfolio margin system, purposes.52 Furthermore, the proposed customers could use shares of money offsets are fully realized, whereas under requirement that a firm receive pre- market funds as collateral for portfolio the Exchange’s current margin rules, approval from the Exchange prior to margining.43 The Exchange noted that it positions are margined independent of offering portfolio margining to its believes the rule currently permits the each other and offsets between them do use of money market funds in a not figure into the total margin 51 Federal Reserve System, ‘‘Securities Credit portfolio margin account, and clarified Transactions; Borrowing by Brokers and Dealers,’’ 63 FR 2806 (January 16, 1998); see also 12 CFR this issue through changes to the rule 44 See NYSE Response; see also Amendment No. 1 (adding language regarding use of money market 220.1(b)(3)(i); see also letter from the FRB to James mutual funds in a portfolio margin account). E. Newsome, Acting Chairman, Commodity Futures 35 Trading Commission, and Laura S. Unger, Acting Id. 45 See SIA Letter. 36 Chairman, Commission, dated March 6, 2001. The See CME Letter. 46 See SIA and Fimat Letters. 37 See OCC and CBOE Letters. FRB concluded the letter by writing ‘‘the Board 47 See Amendment No. 1. anticipates that the creation of securities futures 38 See CBOE Letter. 48 See NYSE Response. products will provide another opportunity to 39 See SIA, Fimat and OCC Letters. 49 In approving this proposed rule change, the develop more risk-sensitive, portfolio-based 40 See SIA Letter. Commission notes that it has considered the approaches for all securities, including securities 41 See SIA Letter. proposed rule’s impact on efficiency, competition, options and securities futures products.’’ Id. 42 See Amendment No. 1. and capital formation. 15 U.S.C. 78c(f). 52 See Exchange Act Release No. 38248 (February 43 See Federated Letter. 50 15 U.S.C. 78f(b)(5). 6, 1997), 62 FR 6474 (February 12, 1997).

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customers, coupled with the other member firms, these other firms you wish to make available publicly. All requirement for enhanced risk would be at a competitive disadvantage. submission should refer to File Number management procedures, is designed to Therefore, the Commission has SR–NYSE–2006–13 and should be ensure that only those firms with determined to set a uniform effective submitted on or before January 8, 2007. adequate controls would be eligible to date of April 2, 2007 for the proposed VI. Conclusion implement a customer portfolio rule change, as amended. As stated margining program.53 above, the Commission believes that It is therefore ordered, pursuant to setting a uniform effective date will Section 19(b)(2) of the Act,57 that the Accelerated Approval of Amendment avoid placing some members firms at a proposed rule change (File No. SR– No. 1 competitive disadvantage and reduce NYSE–2006–13), is hereby approved, The Exchange also has requested that confusion in the marketplace. and that Amendment No. 1 to the the Commission approve Amendment proposed rule change be, and hereby is, V. Solicitation of Comments of No. 1 to the proposed rule change prior approved on an accelerated basis, both Amendment No. 1 to the thirtieth day after publication of on a pilot basis to expire on July 31, notice of the filing in the Federal Interested persons are invited to 2007. The effective date will be April 2, Register. The Commission believes that submit written data, views, and 2007. arguments concerning the foregoing, the changes in Amendment No. 1 to the By the Commission. including whether the proposed rule proposed rule change do not raise Florence E. Harmon, significant new or unique issues from change, as amended, is consistent with Deputy Secretary. those previously raised in the earlier the Exchange Act. Comments may be portfolio margin rule filings.54 The submitted by any of the following Exhibit A—Margin Requirements changes proposed by the Exchange in methods: Rule 431. (a) through (f) unchanged. Amendment No. 1 are designed to Electronic Comments ensure consistency with the companion Portfolio Margin • Use the Commission’s Internet CBOE proposed rule filing and to comment form (http://www.sec.gov/ (g) As an alternative to the ‘‘strategy- respond to comments received as a based’’ margin requirements set forth in 55 rules/sro.shtml); or result of the Federal Register notice. • Send e-mail to rule- sections (a) through (f) of this Rule, The Commission believes that these [email protected]. Please include File member organizations may elect to proposed changes strengthen the Number SR–NYSE–2006–13 on the apply the portfolio margin requirements proposed rule change. subject line. set forth in this section (g) to all margin Accordingly, the Commission finds equity securities 1, listed options, Paper Comments good cause for approving Amendment unlisted derivatives, and security No. 1 to the proposed rule change prior • Send paper comments in triplicate futures products (as defined in Section to the thirtieth day after the date of to Nancy M. Morris, Secretary, 3(a)(56) of the Securities Exchange Act publication of notice thereof in the Securities and Exchange Commission, of 1934 (the ‘‘Exchange Act’’)), provided Federal Register. Specifically, the 100 F Street, NE., Washington, DC that the requirements of section Commission believes that it is 20549–1090. (g)(6)(B)(1) of this Rule are met. consistent with Section 19(b)(2) of the All submissions should refer to File In addition, a member organization, 56 Act to approve Amendment No. 1 to Number SR–NYSE–2006–13. This file provided that it is a Futures the Exchange’s proposed rule change number should be included on the Commission Merchant (‘‘FCM’’) and is prior to the thirtieth day after subject line if e-mail is used. To help the either a clearing member of a futures publication of the notice of filing thereof Commission process and review your clearing organization or has an affiliate in the Federal Register. comments more efficiently, please use that is a clearing member of a futures Uniform Effective Date only one method. The Commission will clearing organization, is permitted post all comments on the Commission’s under this section (g) to combine an The Commission believes that Internet Web site (http://www.sec.gov/ eligible participant’s related instruments approving the amendment on an rules/sro/shtml). Copies of the as defined in section (g)(2)(E), with accelerated basis will permit the NYSE submission, all subsequent listed index options, options on to begin the process of approving amendments, all written statements exchange traded funds (‘‘ETF’’), index broker-dealers to implement portfolio with respect to the proposed rule warrants and underlying instruments margining and would allow firms to change that are filed with the and compute a margin requirement for begin to make the necessary changes Commission, and all written such combined products on a portfolio and upgrades to their systems, as well communications relating to the margin basis. as their policies and procedures, in proposed rule change between the The portfolio margin provisions of order to accommodate customer Commission and any person, other than this Rule shall not apply to Individual portfolio. The Commission, however, those that may be withheld from the Retirement Accounts (‘‘IRAs’’). believes that if some firms receive NYSE public in accordance with the (1) Member organizations must approval to begin offering customer provisions of 5 U.S.C. 552, will be monitor the risk of portfolio margin portfolio margining to customers before available for inspection and copying in accounts and maintain a comprehensive the Commission’s Public Reference written risk analysis methodology for 53 The proposed rules also would continue to require a minimum per contract charge of $.375. Room. Copies of such filing also will be assessing the potential risk to the The Commission also notes that the proposed rules available for inspection and copying at member organization’s capital over a contain a leverage test under which a broker-dealer the principal office of the Exchange. All cannot permit the amount of portfolio margin comments received will be posted 57 15 U.S.C. 78s(b)(2). required of its customers to exceed 10 times the without change; the Commission does 1 For purposes of this section (g) of the Rule, the firm’s net capital. term ‘‘margin equity security’’ utilizes the 54 See supra note 3. not edit personal identifying definition at section 220.2 of Regulation T of the 55 See supra notes 5 and 7. information from submissions. You Board of Governors of the Federal Reserve System, 56 15 U.S.C. 78s(b)(2). should submit only information that excluding a nonequity security.

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specified range of possible market individual accounts and in the option traded on a registered national movements of positions maintained in aggregate, securities exchange or automated such accounts. The risk analysis (E) The regular review and testing of facility of a registered national securities methodology shall specify the these risk analysis procedures by an association. computations to be made, the frequency independent unit such as internal audit (C) The term ‘‘portfolio’’ means any of computations, the records to be or other comparable group, eligible product, as defined in section reviewed and maintained, and the (F) Managing the impact of credit (g)(6)(B)(1), grouped with its underlying person(s) within the organization extended related to portfolio margin instruments and related instruments. responsible for the risk function. This accounts on the member organization’s overall risk exposure, (D) The term ‘‘product group’’ means risk analysis methodology must be filed two or more portfolios of the same type with the New York Stock Exchange (G) The appropriate response by management when limits on credit (see table in section (g)(2)(G) below) for (‘‘Exchange’’), or the member which it has been determined by Rule organization’s designated examining extensions related to portfolio margin accounts have been exceeded, and 15c3–1a under the Exchange Act that a authority (‘‘DEA’’), if other than the percentage of offsetting profits may be Exchange, and submitted to the (H) Determining the need to collect additional margin from a particular applied to losses at the same valuation Securities and Exchange Commission point. (‘‘SEC’’) prior to the implementation of eligible participant, including whether that determination was based upon the portfolio margining. In performing the (E) The term ‘‘related instrument’’ creditworthiness of the participant and/ risk analysis of portfolio margin within a security class or product group or the risk of the eligible product. means broad-based index futures and accounts required by this Rule, each Moreover, management must member organization shall include in options on broad-based index futures periodically review, in accordance with covering the same underlying the written risk analysis methodology written procedures, the member procedures and guidelines for: instrument. The term ‘‘related organization’s credit extension activities instrument’’ does not include security (A) Obtaining and reviewing the for consistency with these guidelines. appropriate account documentation and futures products. Management must periodically (F) The term ‘‘security class’’ refers to financial information necessary for determine if the data necessary to apply assessing the amount of credit to be all listed options, security futures this section (g) is accessible on a timely products, unlisted derivatives, and extended to eligible participants. basis and information systems are related instruments covering the same (B) The determination, review and available to adequately capture, underlying instrument and the approval of credit limits to each eligible monitor, analyze and report relevant underlying instrument itself. participant, and across all eligible data. participants, utilizing a portfolio margin (2) Definitions.—For purposes of this (G) The term ‘‘theoretical gains and account, section (g), the following terms shall losses’’ means the gain and loss in the (C) Monitoring credit risk exposure to have the meanings specified below: value of individual eligible products the member organization from portfolio (A) For purposes of portfolio margin and related instruments at ten margin accounts, on both an intra-day requirements the term ‘‘equity’’, as equidistant intervals (valuation points) and end of day basis, including the type, defined in section (a)(4) of this Rule, ranging from an assumed movement scope and frequency of reporting to includes the market value of any long or (both up and down) in the current senior management, short positions held in an eligible market value of the underlying (D) The use of stress testing of participant’s account. instrument. The magnitude of the portfolio margin accounts in order to (B) The term ‘‘listed option’’ means valuation point range shall be as monitor market risk exposure from any equity-based or equity index-based follows:

Up/down market Portfolio type move (high & low valuation points)

High Capitalization, Broad-based Market Index 2 ...... +6%/¥8% Non-High Capitalization, Broad-based Market Index 3 ...... +/¥10% Any other eligible product that is, or is based on, an equity security or a narrow-based index ...... +/¥15%

(H) The term ‘‘underlying instrument’’ (3) Approved Theoretical Pricing transactions in security futures are to be means a security or security index upon Models.—Theoretical pricing models included in the account, approval for which any listed option, unlisted must be approved by the SEC. such transactions is also required. derivative, security future, or broad- (4) Eligible Participants.—The However, an eligible participant under based index future is based. application of the portfolio margin this section (g)(4)(C) may not establish or maintain positions in unlisted (I) The term ‘‘unlisted derivative’’ provisions of this section (g) is limited to the following: derivatives unless minimum equity of at means any equity-based or equity index- (A) Any broker or dealer registered least five million dollars is established based unlisted option, forward contract, pursuant to Section 15 of the Exchange and maintained with the member or security-based swap that can be Act; organization. For purposes of this valued by a theoretical pricing model (B) Any member of a national futures minimum equity requirement, all approved by the SEC. exchange to the extent that listed index securities and futures accounts carried options hedge the member’s index by the member organization for the 2 In accordance with section (b)(1)(i)(B) of Rule futures; and same eligible participant may be 15c3–1a (Appendix A to Rule 15c3–1) under the Securities Exchange Act of 1934, 17 CFR 240.15c3– (C) Any person or entity not included combined provided ownership across 1a(b)(1)(i)(B). in sections (g)(4)(A) and (g)(4)(B) above the accounts is identical. A guarantee 3 See footnote above. approved for uncovered options and, if pursuant to section (f)(4) of this Rule is

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not permitted for purposes of the the portfolio margin account. Eligible (2) The member organization (or, if minimum equity requirement. products under this section (g) consist the shares are deposited with a clearing (5) Opening of Accounts. of: organization, the clearing organization) (A) Member organizations must notify (i) A margin equity security obtains the right to redeem shares in and receive approval from the Exchange (including a foreign equity security and cash upon request, or the member organization’s DEA, if option on a foreign equity security, (3) The fund agrees to satisfy any other than the Exchange, prior to provided the security is deemed to have conditions necessary or appropriate to establishing a portfolio margin a ‘‘ready market’’ under SEC Rule 15c3– ensure that the shares may be redeemed methodology for eligible participants. 1 or a ‘‘no-action’’ position issued in cash, promptly upon request, and (B) Only eligible participants that thereunder, and a control or restricted (4) The member organization have been approved to engage in security, provided the security has met complies with the requirements of uncovered short option contracts the requirements in a manner consistent Section 11(d)(1) of the Exchange Act pursuant to Exchange Rule 721, or the with SEC Rule 144 or an SEC ‘‘no- and Rule 11d1–2 thereunder. rules of the member organization’s DEA, action’’ position issued thereunder, (8) Method of Calculation. if other than the Exchange, are sufficient to permit the sale of the (A) Long and short positions in permitted to utilize a portfolio margin security, upon exercise or assignment of eligible products including underlying account. any listed option or unlisted derivative instruments and related instruments, are (C) On or before the date of the initial written or held against it, without to be grouped by security class; each transaction in a portfolio margin restriction). security class group being a ‘‘portfolio’’. account, a member organization shall: (ii) A listed option on an equity Each portfolio is categorized as one of (1) Furnish the eligible participant security or index of equity securities, the portfolio types specified in section with a special written disclosure (iii) A security futures product, (g)(2)(G) above as applicable. statement describing the nature and (iv) An unlisted derivative on an (B) For each portfolio, theoretical risks of portfolio margining which equity security or index of equity gains and losses are calculated for each includes an acknowledgement for all securities, position as specified in section (g)(2)(G) portfolio margin account owners to sign, (v) A warrant on an equity security or above. For purposes of determining the attesting that they have read and index of equity securities, theoretical gains and losses at each understood the disclosure statement, (vi) A related instrument as defined in valuation point, member organizations and agree to the terms under which a section (g)(2)(E). shall obtain and utilize the theoretical portfolio margin account is provided (7) Margin Required.—The amount of values of eligible products as described (see Exchange Rule 726(d)), and margin required under this section (g) in this section (g) rendered by an (2) Obtain the signed for each portfolio shall be the greater of: approved theoretical pricing model. acknowledgement noted above from the (A) the amount for any of the ten eligible participant and record the date equidistant valuation points (C) Offsets. Within each portfolio, of receipt. representing the largest theoretical loss theoretical gains and losses may be (6) Establishing Account and Eligible as calculated pursuant to section (g)(8) netted fully at each valuation point. Positions. below, or Offsets between portfolios within the (A) For purposes of applying the (B) for eligible participants as eligible product groups, as described in portfolio margin requirements described in section (g)(4)(A) through section (g)(2)(G), may then be applied as prescribed in this section (g), member (g)(4)(C), $.375 for each listed option, permitted by Rule 15c3–1a under the organizations are to establish and utilize unlisted derivative, security future Exchange Act. a specific securities margin account, or product, and related instrument, (D) After applying the offsets above, sub-account of a margin account, clearly multiplied by the contract’s or the sum of the greatest loss from each identified as a portfolio margin account instrument’s multiplier, not to exceed portfolio is computed to arrive at the that is separate from any other securities the market value in the case of long total margin required for the account account carried for an eligible contracts in eligible products. (subject to the per contract minimum). participant. (C) Account guarantees pursuant to (9) Portfolio Margin Minimum Equity A margin deficit in the portfolio section (f)(4) of this Rule are not Deficiency. margin account of an eligible participant permitted for purposes of meeting (A) If, as of the close of business, the may not be considered as satisfied by margin requirements. equity in the portfolio margin account of excess equity in another account. Funds (D) Positions other than those listed in an eligible participant as described in and/or securities must be transferred to section (g)(6)(B)(1) above are not eligible section (g)(4)(C), declines below the five the deficient account and a written for portfolio margin treatment. However, million dollar minimum equity record created and maintained. positions not eligible for portfolio required, if applicable, and is not However, if a portfolio margin account margin treatment (except for ineligible restored to at least five million dollars is carried as a sub-account of a margin related instruments) may be carried in a within three business days by a deposit account, excess equity in the margin portfolio margin account, provided the of funds and/or securities, member account (determined in accordance with member organization has the ability to organizations are prohibited from the rules applicable to a margin account apply the applicable strategy based accepting new opening orders beginning other than a portfolio margin account) margin requirements promulgated under on the fourth business day, except that may be used to satisfy a margin deficit this Rule. Shares of a money market new opening orders entered for the in the portfolio margin sub-account mutual fund may be carried in a purpose of reducing market risk may be without having to transfer any funds portfolio margin account, also subject to accepted if the result would be to lower and/or securities. the applicable strategy based margin margin requirements. This prohibition (B) Eligible Products. requirements under this Rule provided shall remain in effect until, (1) For eligible participants as that: (1) Equity of five million dollars is described in sections (g)(4)(A) through (1) The customer waives any right to established or, (g)(4)(C), a transaction in, or transfer of, redeem shares without the member (2) All unlisted derivatives are an eligible product may be effected in organization’s consent, s liquidated or transferred from the

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portfolio margin account to the (11) Determination of Value for accounts, all portfolio margin accounts appropriate securities account. Margin Purposes.—For the purposes of with positions in related instruments, if (B) Member organizations will not be this section (g), all eligible products the member organization is: permitted to deduct any portfolio shall be valued at current market prices. (1) Insolvent as defined in section 101 margin minimum equity deficiency Account equity for the purposes of of title 11 of the United amount from Net Capital in lieu of sections (g)(9)(A) and (g)(10)(A) shall be collecting the minimum equity required. calculated separately for each portfolio States Code, or is unable to meet its (10) Portfolio Margin Deficiency margin account. obligations as they mature; (A) If, as of the close of business, the (12) Net Capital Treatment of Portfolio (2) the subject of a proceeding equity in the portfolio margin account of Margin Accounts. pending in any court or before any an eligible participant, as described in (A) No member organization that agency of the United States or any State section (g)(4)(A) through (g)(4)(C), is less requires margin in any portfolio margin in which a receiver, trustee, or than the margin required, the eligible account pursuant to section (g) of this liquidator for such debtor has been participant may deposit additional Rule shall permit the aggregate portfolio funds and/or securities or establish a margin requirements to exceed ten times appointed; hedge to meet the margin requirement its Net Capital for any period exceeding (3) not in compliance with applicable within three business days. After the three business days. The member requirements under the Exchange Act or three business day period, member organization shall, beginning on the rules of the Securities and Exchange organizations are prohibited from fourth business day, cease opening new Commission or any self-regulatory accepting new opening orders, except portfolio margin accounts until organization with respect to financial that new opening orders entered for the compliance is achieved. responsibility or hypothecation of purpose of reducing market risk may be (B) If, at any time, a member eligible participant’s securities; or accepted if the result would be to lower organization’s aggregate portfolio margin requirements. In the event an margin requirements exceed ten times (4) unable to make such computations eligible participant fails to hedge its Net Capital the member organization as may be necessary to establish existing positions or deposit additional shall immediately transmit telegraphic compliance with such financial funds and/or securities in an amount or facsimile notice of such deficiency to responsibility or hypothecation rules. sufficient to eliminate any margin the principal office of the Securities and (B) Nothing in this section (14) shall deficiency after three business days, the Exchange Commission in Washington, be construed as limiting or restricting in member organization must liquidate D.C., the district or regional office of the any way the exercise of any right of a positions in an amount sufficient to, at Securities and Exchange Commission registered clearing agency to liquidate or a minimum, lower the total margin for the district or region in which the cause the liquidation of positions in required to an amount less than or equal member organization maintains its accordance with its by-laws and rules. to the account equity. principal place of business; and to the (B) If the portfolio margin deficiency Exchange, or the member organization’s (15) Member organizations must is not met by the close of business on DEA, if other than the Exchange. ensure that portfolio margin accounts the next business day after the business (13) Day Trading Requirements.—The are in compliance with all other day on which such deficiency arises, day trading restrictions promulgated applicable Exchange rules promulgated member organizations will be required under section (f)(8)(B) of this Rule shall in Rules 700 through 795. to deduct the amount of the deficiency not apply to portfolio margin accounts * * * * * from Net Capital until such time as the that establish and maintain at least five deficiency is satisfied. million dollars in equity, provided a Delivery of Options Disclosure (C) Member organizations will not be member organization has the ability to Document and Prospectus permitted to deduct any portfolio monitor the intra-day risk associated Rule 726 (a) through (c) unchanged. margin deficiency amount from Net with day trading. Portfolio margin Capital in lieu of collecting the margin accounts that do not establish and Portfolio Margining Disclosure required. maintain at least five million dollars in Statement and Acknowledgement (D) The Exchange, or the member equity will be subject to the day trading organization’s DEA, if other than the restrictions under section (f)(8)(B), (d) The special written disclosure Exchange, may grant additional time for provided the member organization has statement describing the nature and an eligible participant to meet a the ability to apply the applicable day risks of portfolio margining, and portfolio margin deficiency upon trading requirements under this Rule. acknowledgement for an eligible written request, which is expected to be However, if the position or positions participant signature, required by Rule granted in extraordinary circumstances day traded were part of a hedge strategy, 431(g)(5)(C) shall be in a format only. the day trading restrictions will not prescribed by the Exchange or in a (E) Member organizations should not apply. A ‘‘hedge strategy’’ for the format developed by the member permit an eligible participant to make a purpose of this rule means a transaction organization, provided it contains practice of meeting a portfolio margin or a series of transactions that reduces substantially similar information as in deficiency by liquidation. Member or offsets a material portion of the risk the prescribed Exchange format and has organizations must have procedures in in a portfolio. Member organizations are received the prior written approval of place to identify accounts that expected to monitor these portfolio the Exchange. periodically liquidate positions to margin accounts to detect and prevent eliminate margin deficiencies, and the circumvention of the day trading [FR Doc. E6–21474 Filed 12–15–06; 8:45 am] member organization is expected to take requirements. BILLING CODE 8011–01–P appropriate action when warranted. (14) Requirements to Liquidate Liquidations to eliminate margin (A) A member organization is deficiencies that are caused solely by required immediately either to adverse price movements may be liquidate, or transfer to another broker- disregarded. dealer eligible to carry portfolio margin

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SECURITIES AND EXCHANGE proposed rule change between the I. Self-Regulatory Organization’s COMMISSION Commission and any person, other than Statement of the Terms of Substance of the Proposed Rule Change [Release No. 34–54810A; File No. SR– those that may be withheld from the NYSE–2005–90] public in accordance with the The Phlx proposes to amend Phlx provisions of 5 U.S.C. 552, will be Rule 507,3 which governs the Self-Regulatory Organizations; New available for inspection and copying in assignment of options to Streaming York Stock Exchange LLC; Order the Commission’s Public Reference Quote Traders (‘‘SQTs’’) 4 and Remote Granting Approval of Proposed Rule Room. Copies of such filing also will be Streaming Quote Traders (’’RSQTs’’),5 Change and Amendment No. 1 Thereto available for inspection and copying at by adding commentary to the rule and Notice of Filing and Order the principal office of the Exchange. All establishing a maximum number of Granting Accelerated Approval to comments received will be posted quoting participants that may be Amendment No. 2 Thereto To Allow without change; the Commission does assigned to a particular equity option at Certain Institutional Customers To not edit personal identifying any one time. Elect Not To Receive Account information from submissions. You The text of the proposed rule change Statements should submit only information that is available on the Phlx’s Web site at http://www.phlx.com, at the Phlx’s you wish to make available publicly. All December 8, 2006. Office of the Secretary, and at the submissions should refer to File Commission’s Public Reference Room. Correction Number SR–NYSE–2005–90 and should In FR Doc. No. E6–20227, beginning be submitted on or before January 8, II. Self-Regulatory Organization’s on page 69165 for Wednesday, 2007.’’ Statement of the Purpose of, and November 29, 2006, a request for Statutory Basis for, the Proposed Rule For the Commission, by the Division of comment on Amendment No. 2 was Change Market Regulation, pursuant to delegated inadvertently omitted. Accordingly, the authority.1 In its filing with the Commission, the following should be inserted Phlx included statements concerning Florence E. Harmon, immediately before the Conclusion of the purpose of and basis for the the document: Deputy Secretary. proposed rule change and discussed any [FR Doc. E6–21479 Filed 12–15–06; 8:45 am] ‘‘Solicitation of Comments on comments it received on the proposed Amendment No. 2 BILLING CODE 8011–01–P rule change. The text of these statements may be examined at the places specified Interested persons are invited to in Item IV below. The Exchange has submit written data, views and SECURITIES AND EXCHANGE prepared summaries, set forth in arguments concerning Amendment No. COMMISSION Sections A, B, and C below, of the most 2, including whether such amendment significant aspects of such statements. is consistent with the Act. Comments Release No. 34–54914; File No. SR–Phlx– A. Self-Regulatory Organization’s may be submitted by any of the 2006–81] following methods: Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Self-Regulatory Organizations; Electronic Comments Change Philadelphia Stock Exchange Inc.; • Use the Commission’s Internet Notice of Filing of Proposed Rule 1. Purpose comment form (http://www.sec.gov/ rules/sro.shtml); or Change Relating to the Establishment The purpose of the proposed rule • Send an e-mail to rule- of a Maximum Number of Quoting change is to enable the Exchange to [email protected]. Please include File Participants Permitted in a Particular manage its quotation traffic and Number SR–NYSE–2005–90 on the Option on the Exchange bandwidth capacity by limiting the subject line. number of streaming quote market December 11, 2006. participants that may be assigned to a Paper Comments Pursuant to Section 19(b)(1) of the particular option at a given point in • Send paper comments in triplicate Securities Exchange Act of 1934 time. The proposed amendments to Phlx to Nancy M. Morris, Secretary, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Rule 507 would establish: (i) A Securities and Exchange Commission, notice is hereby given that on December maximum number of quoters (‘‘MNQ’’) 100 F Street, NE., Washington, DC 5, 2006, the Philadelphia Stock 20549–1090. Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) 3 Phlx Rule 507 sets forth the process by which the Committee assigns or reassigns options to All submissions should refer to File filed with the Securities and Exchange eligible Streaming Quote Traders and Remote Number SR–NYSE–2005–90. This file Commission (‘‘Commission’’) the Streaming Quote Traders. See Phlx Rule 507. number should be included on the proposed rule change as described in 4 An SQT is an Exchange Registered Options subject line if e-mail is used. To help the Items I, II, and III below, which Items Trader (‘‘ROT’’) who has received permission from Commission process and review your the Exchange to generate and submit options have been substantially prepared by the quotations electronically through AUTOM in comments more efficiently, please use Phlx. The Commission is publishing eligible options to which such SQT is assigned. An only one method. The Commission will this notice to solicit comments on the SQT may only submit such quotations while such post all comments on the Commission’s SQT is physically present on the floor of the proposed rule change from interested Internet Web site (http://www.sec.gov/ Exchange. See Phlx Rule 1014(b)(ii)(A). persons. 5 An RSQT is a ROT that is a member or member rules/sro.shtml). Copies of the organization with no physical trading floor submission, all subsequent presence who has received permission from the amendments, all written statements Exchange to generate and submit option quotations with respect to the proposed rule electronically through AUTOM in eligible options to which such RSQT has been assigned. An RSQT 1 17 CFR 200.30–3(a)(12). change that are filed with the may only submit such quotations electronically Commission, and all written 1 15 U.S.C. 78s(b)(1). from off the floor of the Exchange. See Phlx Rule communications relating to the 2 17 CFR 240.19b–4. 1014(b)(ii)(B).

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in equity options based on each option’s when the circumstances warrant. rule change will be guaranteed a monthly trading volume; (ii) a process Proposed Commentary .04 to Phlx Rule position as a quoting participant in the for recalculating the MNQ based upon 507 describes the events that may be particular option. changes in an option’s monthly trading considered ‘‘exceptional’’ including volume; (iii) an increase to the MNQ substantial trading volume (whether 2. Statutory Basis due to exceptional circumstances; (iv) actual or expected), a major news event The Exchange believes that the the process by which the Exchange will or corporate event. The Exchange may proposed rule change is consistent with notify market participants of changes to reduce the MNQ following the cessation Section 6(b) of the Act,9 in general, and the MNQ; and (v) additional criteria of the exceptional circumstances, but furthers the objectives of Section 6(b)(5) relating to the process by which the the Exchange must follow the same of the Act,10 in particular, in that the Exchange will assign SQT and/or RSQT procedures for decreases to the MNQ proposed rule change is designed to applicants in options in the event that outlined above. When relying on this promote just and equitable principles of there are more applicants for assignment provision, the Exchange would submit a trade, to remove impediments to and in a particular option than there are rule filing to the Commission pursuant perfect the mechanism of a free and 7 positions. to Section 19(b)(3)(A) of the Act. open market and a national market The Exchange proposes to limit the The Exchange will inform market system, and, in general, to protect number of participants that may be participants of changes to the MNQ via investors and the public interest by assigned to a particular equity option at Exchange circular. The Exchange may allowing the Exchange to manage any one time based upon each option’s increase the MNQ levels (meaning the resources by fairly allocating limited monthly national volume. Proposed 20, 15, and 10 number established in bandwidth capacity. Commentary .02 to Phlx Rule 507 sets Commentary .02(a)–(c)) by submitting to forth tiered MNQ levels providing for 20 the Commission a rule filing pursuant to B. Self-Regulatory Organization’s participants for the top 5% most Section 19(b)(3)(A) of the Act.8 The Statement on Burden on Competition actively traded options; 15 participants Exchange may also decrease the MNQ for next 10% most actively traded levels upon Commission approval of a The Exchange does not believe that options, and 10 market participants for rule filing submitted pursuant to the proposed rule change will impose all other options. The ranking is based 19(b)(2) of the Act. any burden on competition that is not upon the preceding month’s national The Exchange is also proposing to necessary or appropriate in furtherance volumes. amend Phlx Rule 507 by adding of the purposes of the Act. The MNQ would be recalculated additional criteria for the OAESC to C. Self-Regulatory Organization’s within the first five days of each month consider when determining whether to Statement on Comments on the based on the previous month’s trading assign an option to a member in the Proposed Rule Change Received From volume (‘‘new MNQ’’). Proposed situation where there are more Members, Participants or Others Commentary .03 to Phlx Rule 507 applicants for assignment in a particular provides the process by which the option than there are positions Written comments on the proposed Exchange will administer a decrease in available. rule change were neither solicited nor the previous month’s MNQ. The In this situation, proposed paragraph received. Exchange will immediately implement (b)(iii) of Phlx Rule 507 would require III. Date of Effectiveness of the the new MNQ if the number of assigned the OAESC to consider: (i) The financial Proposed Rule Change and Timing for participants in the option on the last and technical resources available to the Commission Action day of the month equals or is less than applicant; (ii) the applicant’s experience and expertise in market making or the new MNQ. Under circumstances in Within 35 days of the date of options trading; and (iii) the applicant’s which the number of assigned publication of this notice in the Federal prior performance as a specialist, SQT participants is greater than the new Register or within such longer period (i) or RSQT, based on evaluations MNQ, the option will have an as the Commission may designate up to conducted pursuant to Phlx Rule 510, ‘‘increased’’ MNQ equal to the number 90 days of such date if it finds such which includes quantified measures of of assigned participants quoting longer period to be appropriate and performance. electronically in that option on the last publishes its reasons for so finding or The purpose of this provision is to day of the month. The ‘‘increased’’ (ii) as to which the Exchange consents, enable the OAESC to use these criteria MNQ will automatically decrease if an the Commission will: assigned participant changes or ceases to select the most qualified applicant in (A) By order approve such proposed the assignment in the option. The the event that there are more applicants rule change, or ‘‘increased’’ MNQ will continue to for assignment in a particular option decrease until the number of assigned than there are positions available. The (B) Institute proceedings to determine participants equals the new MNQ, at Exchange believes that the whether the proposed rule change which point the number of assigned consideration of financial and technical should be disapproved. capacity, as well as prior performance, participants in the option may not IV. Solicitation of Comments exceed the new MNQ. will assist the OAESC in determining the most beneficial assignment of The Exchange will be able to increase Interested persons are invited to the MNQ in exceptional circumstances. options for the Exchange and the public. Finally, the Exchange represents that submit written data, views and The Exchange’s Options Allocation, arguments concerning the foregoing, Evaluation and Securities Committee members that are assigned in a particular option as of the date of including whether the proposed rule (‘‘OAESC’’) 6 may increase the MNQ Commission approval of this proposed change is consistent with the Act. Comments may be submitted by any of 6 See Phlx By-Law Article X, Section 10–7. The the following methods: OAESC has jurisdiction over, among other things: options on the trading floors; and administration of The appointment of specialists on the options and the 500 series of Phlx rules. foreign currency options trading floors; allocation, 7 15 U.S.C. 78s(b)(3)(A). 9 15 U.S.C. 78f(b). retention and transfer of privileges to deal in 8 15 U.S.C. 78s(b)(3)(A). 10 15 U.S.C. 78f(b)(5).

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Electronic Comments ACTION: Notice of Rescission of Social (Catalog of Federal Domestic Assistance • Security Ruling. Programs No. 96.006, Supplemental Security Use the Commission’s Internet Income) comment form http://www.sec.gov/ SUMMARY: In accordance with 20 CFR rules/sro.shtml; or Dated: December 12, 2006. • Send an e-mail to rule- 402.35(b)(1), the Commissioner of Social Jo Anne B. Barnhart, [email protected]. Please include File Security gives notice of the rescission of Commissioner of Social Security. Social Security Ruling SSR 88–10c. No. SR–Phlx–2006–81 on the subject [FR Doc. E6–21484 Filed 12–15–06; 8:45 am] line. EFFECTIVE DATE: December 18, 2006. BILLING CODE 4191–02–P Paper Comments FOR FURTHER INFORMATION CONTACT: Marg Handel, Social Security • Send paper comments in triplicate Administration, 6401 Security DEPARTMENT OF TRANSPORTATION to Nancy M. Morris, Secretary, Boulevard, Baltimore, MD 21235–6401, Securities and Exchange Commission, (410) 965–4639 or TTY 410–966–5609, Federal Aviation Administration 100 F Street, NE., Washington, DC for information about this notice. For 20549–1090. information on eligibility or filing for Approval of Noise Compatibility All submissions should refer to File No. benefits, call our national toll-free Program for McClellan Palomar SR–Phlx–2006–81. This file number number, 1–800–772–1213 or TTY 1– Airport, Carlsbad, CA should be included on the subject line 800–325–0778, or visit our Internet site, AGENCY: if e-mail is used. To help the Federal Aviation Social Security Online, at http:// Administration, DOT. Commission process and review your www.socialsecurity.gov. comments more efficiently, please use ACTION: Notice. only one method. The Commission will SUPPLEMENTARY INFORMATION: Social SUMMARY: The Federal Aviation Security Rulings make available to the post all comments on the Commission’s Administration (FAA) announces its public precedential decisions relating to Internet Web site at http://www.sec.gov/ findings on the noise compatibility the Federal old-age, survivors, disability rules/sro.shtml. Copies of the program submitted by San Diego and supplemental security income submission, all subsequent County, California under the provisions programs. Social Security Rulings may amendments, all written statements of Title I of the Aviation Safety and be based on case decisions made at all with respect to the proposed rule Noise Abatement Act, as amended, administrative levels of adjudication, change that are filed with the (Public Law96–193) (hereinafter referred Federal court decisions, Commissioner’s Commission, and all written to as ‘‘the Act’’) and 14 CFR Part 150. decisions, opinions of the Office of the communications relating to the These findings are made in recognition General Counsel, and other policy proposed rule change between the of the description of Federal and interpretations of the law and Commission and any person, other than nonfederal responsibilities in Senate regulations. those that may be withheld from the Report No. 96–52 (1980). On April 26, public in accordance with the On June 23, 1988 we issued SSR 88– 2005, the FAA determined that the provisions of 5 U.S.C. 552, will be 10(c) to reflect the Supreme Court’s noise exposure maps submitted by San available for inspection and copying in decision in Galbreath v. Bowen, 485 Diego County under Part 150 were in the Commission’s Public Reference U.S. 74 (1988), in which the Court held compliance with applicable Room. Copies of such filing also will be that the relevant statutes did not permit requirements. available for inspection and copying at withholding past-due Supplemental the principal office of the Exchange. All Security Income benefits for attorney’s EFFECTIVE DATE: The effective date of the comments received will be posted fees in title XVI cases. As the Court FAA’s approval of the Noise without change; the Commission does noted at the end of its decision, the Compatibility Program for McClellan not edit personal identifying earlier Congressional decision not to Palomar Airport is December 5, 2006. information from submissions. You extend attorney fee withholding to title FOR FURTHER INFORMATION CONTACT: should submit only information that XVI would stand ‘‘[u]ntil Congress [saw] Victor Globa, Environmental Protection you wish to make available publicly. All fit to override its original decision, by Specialist, Los Angeles Airports District submissions should refer to File No. amending Title XVI in a way that Office, Airport Division, Western-Pacific SR–Phlx–2006–81 and should be manifests an intent to allow Region, Federal Aviation submitted on or before January 8, 2007. withholding.’’ Administration, 15000 Aviation For the Commission, by the Division of In the Social Security Protection Act Boulevard, Hawthorne, California, Market Regulation, pursuant to delegated of 2004 (SSPA), Public Law 108–203, 90261, Mailing Address: P.O. Box authority.11 Congress enacted such legislation. 92007, Los Angeles, California 90009– Florence E. Harmon, Section 302 of the SSPA amended 2007. Telephone: 310/725–3637. Deputy Secretary. section 1631(d)(2) of the Social Security Documents reflecting this FAA action [FR Doc. E6–21449 Filed 12–15–06; 8:45 am] Act to extend the attorney fee may be reviewed at this same location. BILLING CODE 8011–01–P withholding and direct payment SUPPLEMENTARY INFORMATION: This procedures to claims under title XVI. notice announces that the FAA has We began paying fees directly to given its overall approval to the Noise SOCIAL SECURITY ADMINISTRATION attorneys in title XVI cases effectuated Compatibility Program for McClellan on or after February 28, 2005, the date Palomar Airport, effective April 7, 2004. [Docket No. SSA 2006–0104] the amendments made by section 302 Under section 104(a) of the Aviation took effect. While this provision will Safety and Noise Abatement Act of Rescission of Social Security Ruling only be effective for 5 years, we believe 1979, as amended (herein after referred 88–10c, Bowen v. Galbreath that SSR 88–10(c) should be rescinded to as the ‘‘Act’’) [recodified as 49 U.S.C. AGENCY: Social Security Administration. for this period and we will later § 47504], an airport operator who has determine if there is a need to reinstate previously submitted a Noise Exposure 11 17 CFR 200.30–3(a)(12). it. Map may submit to the FAA a Noise

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Compatibility Program which sets forth commitment by the FAA to financially published on the airport Web site; the measures taken or proposed by the assist in the implementation of the Continue the existing designation of airport operator for the reduction of program nor a determination that all Runway 24 as the calm wind runway as existing non-compatible land uses and measures covered by the program are published in the Airport/Facility prevention of additional non-compatible eligible for grant-in-aid funding from the Directory; Continue the existing policy land uses within the area covered by the FAA under the Airport and Airway discouraging jet aircraft training due to Noise Exposure Maps. The Act requires Improvement Act of 1982, as amended. noise abatement and traffic congestion such programs to be developed in Where Federal funding is sought, as published in the Airport/Facility consultation with interested and requests for project grants must be Directory; Continue the existing VNAP, affected parties including local submitted to the FAA Airports District as published on the airport’s Web site; communities, government agencies, Office in Hawthorne, California. Amend ‘‘Quiet Hours’’ to include all airport users, and FAA personnel. San Diego County submitted to the aircraft except emergency flight Each airport noise compatibility FAA on September 13, 2004, the Noise operations. Approved Land Use program developed in accordance with Exposure Maps, descriptions, and other Management Measures include: Provide Federal Aviation Regulations (FAR) Part documentation produced during the the recommended Noise Information 150 is a local program, not a Federal noise compatibility planning study Notification Area (NINA) boundary to program. The FAA does not substitute conducted from December 1, 2002 San Diego Geographic Information its judgement for that of the airport through March 24, 2006. The McClellan Source (SanGIS) in both electronic and proprietor with respect to which Palomar Airport Noise Exposure Maps hard copy formats; Provide the updated measures should be recommended for were determined by FAA to be in Noise Exposure Maps to SanGIS in action. The FAA’s approval or compliance with applicable electronic format, notify San Diego disapproval of 14 CFR Part 150 program requirements on April 26, 2005. Notice County and the City of Carlsbad that recommendations is measured of this determination was published in updated Noise Exposure Maps are according to the standards expressed in the Federal Register on May 10, 2005 available through SanGIS and encourage Part 150 and the Act and is limited to (70 FR 24671). their use in updating the Noise the following determinations: The McClellan Palomar Airport study Elements fo their General Plans; Rezone a. The Noise Compatibility Program contains a proposed noise compatibility the undeveloped area designated E–A was developed in accordance with the program comprised of actions designed (APN 212–040–56) within the 60 CNEL provisions and procedures of FAR Part for phased implementation by airport to ‘‘P–M Planned Industrial’’ zone; Real 150; management and adjacent jurisdictions estate disclosure within the CRQ’s b. Program measures are reasonably from (2004 to beyond the year 2009). It established Airport Influence Area consistent with achieving the goals of was requested that the FAA evaluate should continue; Provide the updated reducing existing non-compatible land and approve this material as a Noise NEMs, AIA, and NINA to SanGIS in uses around the airport and preventing Compatibility Program as described in electronic format, encourage the the introduction of additional non- 49 U.S.C. § 47504 (formerly section California Board of Realtors, San Diego compatible land uses; 104(b) of the Act). The FAA began its North County Board, and the Building c. Program measures would not create review of the program on June 20, 2006, Industry Association—Sales and an undue burden on interstate or foreign and was required by a provision of the Marketing Council, North County commerce, unjustly discriminate against Act to approve or disapprove the Division to visit SanGIS Web site for the types or classes of aeronautical uses, program within 180 days (other than the most updated NEMs, AIA and NINA violate the terms of airport grant use of new or modified flight and work with the aforementioned agreements, or intrude into areas procedures for noise control). Failure to preempted by the Federal Government; approve or disapprove such program organizations to develop an ‘‘Airport and within the 180-day period shall be Fact Book’’ for property sales agents; d. Program measures relating to the deemed to be an approval of such Provide San Diego County Regional use of flight procedures can be program. Airport Authority (SDCRAA) with implemented within the period covered The submitted program contained copies of the Final NEM and NCP by the program without derogating thirty-two (32) proposed actions for documents. safety, adversely affecting the efficient noise abatement, land use management Approved Program Management use and management of the navigable and program management on and off the measures include: Hire a dedicated airspace and air traffic control systems, airport. The FAA completed its review Noise Abatement Officer/Appoint a or adversely affecting other powers and and determined that the procedural and Permanent Environmental Noise responsibilities of the Administrator substantive requirements of the Act and Specialist; The Palomar Airport prescribed by law. FAR part 150 have been satisfied. The Advisory Committee should continue to Specific limitations with respect to overall program was approved, by the act as a forum for discussion of noise FAA’s approval of an airport noise Manager of the Airports Division, abatement actions; update Maps compatibility program are delineated in Western-Pacific Region, effective identifying the noise-sensitive areas FAR part 150, section 150.5. Approval December 5, 2006. around the airport; Produce an Airport is not a determination concerning the Outright approval was granted for Noise Information Booklet; Develop an acceptability of land uses under Federal, seven (7) of the 10 noise abatement Official Web site to disseminate VNAP State, or local law. Approval does not by measures, all six (6) land use and other noise-related information; itself constitute an FAA implementing management measures and twelve (12) Continue to coordinate with the action. A request for Federal action or program management measures. The Department of Public Works Public approval to implement specific noise approved measures included such items Information Officer to disseminate compatibility measures may be as: Continue the existing published air information to the news media; required, and an FAA decision on the traffic pattern altitudes; Continue the Continue attending and/or participating request may require an environmental existing published ‘‘Alpha Departure’’ in aviation association meetings to assessment of the proposed action. voluntary noise abatement procedure expand awareness of VNAP and other Approval does not constitute a (VNAP); Continue the existing VNAP, as noise related issues; Coordinate with the

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Department of Public Works Public These determinations are set forth, in that the noise exposure maps submitted Information officer to periodically detail, in the Record of Approval signed for Spirit of St. Louis Airport are in distribute VNAP press releases to by the Manager of the Airports Division, compliance with applicable aviation media; Periodically provide Western-Pacific Region, on December 5, requirements of Part 150, effective updated VNAP information for 2006. The Record of Approval, as well December 12, 2006. Further, FAA is distribution by Fixed Base Operators; as other evaluation materials and the reviewing a proposed noise Erect monument signs on airport documents comprising the submittal, compatibility program for that airport property along El Camino Real and are available for review at the FAA which will be approved or disapproved Palomar Airport Road to inform drivers office listed above and at the on or before June 10, 2007. This notice of the existence and location of the administrative offices of the San Diego also announces the availability of this airport; Produce signs, stickers, etc., County Public Works Department. The program for public review and using VNAP logo and prominently Record of Approval will be available on- comment. display and utilize as appropriate; line at: http://www.faa.gov/ Under 49 U.S.C., section 47503 (the Conduct biannual VNAP training airports_airtraffic/airports/ Aviation Safety and Noise Abatement classes and Implement the recently environmental/airport_noise/part_150/ Act, hereinafter referred to as ‘‘the adopted ‘‘Fly Friendly Program.’’ states/. Act’’), an airport operator may submit to FAA disapproved the following Noise Issued in Hawthorne, California on the FAA noise exposure maps which Abatement measures: When traffic December 11, 2006. meet applicable regulations and which volume permits, CRQ ATCT should Mark A. McClardy, depict non-compatible land uses as of the date of submission of such maps, a instruct pilots to delay the left turn from Manager, Airports Division, Western-Pacific Runway 24 until aircraft is west of I–5. Region, AWP–600. description of projected aircraft operations, and the ways in which such This measure would adversely impact [FR Doc. 06–9740 Filed 12–15–06; 8:45 am] operations will affect such maps. The the efficiency of navigable airspace at BILLING CODE 4910–13–M CRQ, further deviation from protected Act requires such maps to be developed routes would place IFR aircraft at risk. in consultation with interested and Work with FAA to develop a GPS/ DEPARTMENT OF TRANSPORTATION affected parties in the local community, RNAV departure procedure to emulate government agencies, and persons using the ‘‘Alpha Departure’’ VNAP. This Federal Aviation Administration the airport. An airport operator who has measure was disapproved pending Noise Exposure Map Notice: Receipt of submitted noise exposure maps that are submission of additional information to Noise Compatibility Program and found by FAA to be in compliance with make an informed decision. The NCP Request for Review the requirements of Federal Aviation did not quantify this measure’s noise Regulations (FAR) Part 150, reduction benefits. AGENCY: Federal Aviation promulgated pursuant to the Act, may FAA took no action on the following Administration, DOT. submit a noise compatibility program Noise Abatement Measure: Consider ACTION: Notice. for FAA approval which sets forth the joining Sound Initiative, A Coalition for measures the operator has taken or Quieter Skies. FAA action on this SUMMARY: The Federal Aviation proposes to take to reduce existing non- measure would conflict with anti- Administration (FAA) announces its compatible uses and prevent the lobbying restrictions on Federal determination that the noise exposure introduction of additional non- agencies. maps submitted by Saint Louis County compatible uses. FAA disapproved the following for Spirit of St. Louis Airport under the provisions of 49 U.S.C. 47501 et. seq St. Louis County submitted to the Program Management Measures: FAA on November 6, 2006, noise Upgrade GEMS software to ANOMS8 (Aviation Safety and Noise Abatement Act) and 14 CFR Part 150 are in exposure maps, descriptions and other and upgrade computer hardware as documentation that were produced necessary to support operations of compliance with applicable requirements. The FAA also announces during the FAR Part 150 Airport Noise ANOMS8. If eligible for AIP funding, Compatibility Study. It was requested hardware should be upgraded at that it is reviewing a proposed noise compatibility program that was that the FAA review this material as the existing NMTs and two additional submitted for Spirit of St. Louis Airport noise exposure maps, as described in NMTs should be installed at CRQ. This under Part 150 in conjunction with the section 47503 of the Act, and that the measure was disapproved for the noise exposure map, and that this noise mitigation measures, to be purposes of part 150 with respect to program will be approved or implemented jointly by the airport and Airport Improvement Program funding. disapproved on or before June 10, 2007 surrounding communities, be approved Section 189 of Public Law 108–176, DATES: The effective date of the FAA’s as a noise compatibility program under Vision 100-Century of Reauthorization section 47504 of the Act. Act of 2003 specifically prohibits FAA determination on the noise exposure maps and of the start of its review of the The FAA has completed its review of approval of part 150 program measures the noise exposure maps and related that require AIP funding to mitigate associated noise compatibility program is December 12, 2006. The public descriptions submitted by St. Louis aircraft noise outside of DNL (CNEL) 65 County. The specific documentation through Fiscally Year 2007; When comment period ends February 10, 2007. determined to constitute the noise Feasible, CRQ ATCT should encourage exposure maps includes: the use of the VNAP. This measure was FOR FURTHER INFORMATION CONTACT: 1. Existing Noise Exposure Map disapproved because implementation of Mark H. Schenkelberg, 901 Locust, (2001). this measure by the ATCT would Kansas City, MO 64106, 816–329–2645. 2. Future Noise Exposure Map (2009). adversely affect air traffic workload and Comments on the proposed noise The FAA has determined that these efficiency; Conduct the recommended compatibility program should also be maps for Spirit of St. Louis Airport are workload study. This measure was submitted to the above office. in compliance with applicable disapproved because it is outside of the SUPPLEMENTARY INFORMATION: This requirements. This determination is scope of 14 CFR part 150. notice announces that the FAA finds effective on December 12, 2006. FAA’s

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determination on an airport operator’s preventing the introduction of • Web Site: http://dms.dot.gov. noise exposure maps is limited to a additional non-compatible land uses. Follow the instructions for submitting finding that the maps were developed in Interested persons are invited to comments on the DOT electronic docket comment on the proposed program with accordance with the procedures site. contained in appendix A of FAR Part specific reference to these factors. All • 150. Such determination does not comments, other than those properly Fax: 1–202–493–2251. constitute approval of the applicant’s addressed to local land use authorities, • Mail: Docket Management Facility; data, information or plans, or constitute will be considered by the FAA to the U.S. Department of Transportation, 400 a commitment to approve a noise extent practicable. Copies of the noise Seventh Street, SW., Nassif Building, compatibility program or to fund the exposure maps, the FAA’s evaluation of Room PL–401, Washington, DC 20590– implementation of that program. the maps, and the proposed noise 0001. If questions arise concerning the compatibility program are available for • precise relationship of specific examination at the following locations: Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, properties to noise exposure contours Federal Aviation Administration, depicted on a noise exposure map Central Region Airports Division, 901 400 Seventh Street, SW., Washington, submitted under section 47503 of the Locust, Kansas City, MO 64106 DC, between 9 a.m. and 5 p.m., Monday Act, it should be noted that the FAA is Richard E. Hrabko, Director of Aviation, through Friday, except Federal holidays. not involved in any way in determining Spirit of St. Louis, 18270 Edison • Federal eRulemaking Portal: Go to the relative locations of specific Avenue, Chesterfield, MO 63005 http://www.regulations.gov. Follow the properties with regard to the depicted Questions may be directed to the online instructions for submitting noise contours, or in interpreting the individual named above under the comments. noise exposure maps to resolve heading, FOR FURTHER INFORMATION Docket: For access to the docket to questions concerning, for example, CONTACT. which properties should be covered by read background documents or the provisions of section 47506 of the Dated: Issued in Kansas City, Missouri, comments received, go to http:// Act. These functions are inseparable December 12, 2006. dms.dot.gov at any time or to Room PL– from the ultimate land use control and George A. Hendon, 401 on the plaza level of the Nassif planning responsibilities of local Manager, Central Region Airports Division. Building, 400 Seventh Street, SW., government. These local responsibilies [FR Doc. 06–9752 Filed 12–15–06; 8:45 am] Washington, DC, between 9 a.m. and 5 are not changed in any way under Part BILLING CODE 4910–13–M p.m., Monday through Friday, except 150 or through FAA’s review of noise Federal holidays. exposure maps. Therefore, the responsibility for the detailed DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Mr. overlaying of noise exposure contours Robert Stegeman (816–329–4140), Small onto the map depicting properties on Federal Aviation Administration Airplane Directorate (ACE–111), Federal the surface rests exclusively with the [Summary Notice No. PE–2006–43] Aviation Administration, 901 Locust, airport operator that submitted those Kansas City, MO 64106; or Frances maps, or with those public agencies and Petitions for Exemption; Summary of Shaver (202–267–9681), Office of planning agencies with which Petitions Received Rulemaking (ARM–1), Federal Aviation consultation is required under section Administration, 800 Independence AGENCY: Federal Aviation 47503 of the Act. The FAA has relied on Administration (FAA), DOT. Avenue, SW., Washington, DC 20591. the certification by the airport operator, This notice is published pursuant to under section 150.21 of FAR Part 150, ACTION: Notice of petition for exemption 14 CFR 11.85 and 11.91. that the statutorily required consultation received. Issued in Washington, DC, on December has been accomplished. SUMMARY: Pursuant to FAA’s rulemaking The FAA has formally received the provisions governing the application, 11, 2006. noise compatibility program for Spirit of processing, and disposition of petitions Pamela Hamilton-Powell, St. Louis Airport, also effective on for exemption, part 11 of Title 14, Code Director, Office of Rulemaking. December 12, 2006. Preliminary review of Federal Regulations (14 CFR), this Petitions for Exemption of the submitted material indicates that notice contains a summary of a certain it conforms to the requirements for the petition seeking relief from specified Docket No.: FAA–2006–26279–1. submittal of noise compatibility requirements of 14 CFR. The purpose of Petitioner: Cessna Aircraft Company. programs, but that further review will be this notice is to improve the public’s necessary prior to approval or awareness of, and participation in, this Sections of 14 CFR Affected: 14 CFR disapproval of the program. The formal aspect of FAA’s regulatory activities. part 23, §§ 23.25, 23.29, 23.235, 23.471, review period, limited by law to a Neither publication of this notice nor 23.473, 23.477, 23.479, 23.481, 23.483, maximum of 180 days, will be the inclusion or omission of information 23.485, 23.493, 23.499, 23.723, 23.725, completed on or before June 10, 2007. in the summary is intended to affect the The FAA’s detailed evaluation will be 23.726, 23.727, 23.959, 23.1583(c)(1) conducted under the provisions of 14 legal status of any petition or its final and (2), Appendix C23.1, Appendix CFR Part 150, section 150.33. The disposition. D23.1 through Amendment 23–55. primary considerations in the DATES: Comments on petitions received Description of Relief Sought: To allow evaluation process are whether the must identify the petition docket Cessna Aircraft Company to obtain a proposed measures may reduce the level number involved and must be received type certificate for the Cessna Model of aviation safety, create an undue on or before January 8, 2007. 525C with parallel rules of Title 14 CFR burden on interstate or foreign ADDRESSES: You may submit comments part 25. commerce, or be reasonably consistent identified by DOT DMS Docket Number with obtaining the goal of reducing FAA–2006–26279–1 by any of the [FR Doc. E6–21454 Filed 12–15–06; 8:45 am] existing non-compatible land uses and following methods: BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Estimated Number of Respondents: information collection, including: (1) 143,728 [138,768 property carriers + Whether the proposed collection is Federal Motor Carrier Safety 4,960 passengers carriers = 143,728]. necessary for the FMCSA’s performance; Administration Estimated Time per Response: The (2) the accuracy of the estimated FMCSA estimates it takes two minutes burden; (3) ways for the FMCSA to [Docket No. FMCSA–2006–26261] for an insurance company to complete enhance the quality, usefulness, and the Endorsement for Motor Carrier clarity of the collected information; and Notice of Request for Comments on Policies of Insurances for Public (4) ways that the burden could be Renewal of a Currently Approved Liability (Forms MCS–90/90B; for both minimized without reducing the quality Information Collection: Financial property and passenger carriers) or the of the collected information. Responsibility for Motor Carriers of Motor Carrier Public Liability Surety Issued on: December 11, 2006. Passengers and Motor Carriers of Bond (Forms MCS–82/82B for both Property property and passenger carriers); one John H. Hill, minute for the insurance company to Administrator. AGENCY: Federal Motor Carrier Safety file the Motor Carrier Public Liability [FR Doc. E6–21455 Filed 12–15–06; 8:45 am] Administration (FMCSA), DOT. Surety Bond (Forms MCS–82/82B) with BILLING CODE 4910–EX–P ACTION: Notice; request for information. FMCSA; one minute for the insurance company to provide Forms MCS–90/ SUMMARY: In accordance with the 90B to the carrier; and one minute to DEPARTMENT OF TRANSPORTATION Paperwork Reduction Act of 1995, place either document (Forms MCS–90/ FMCSA announces its plan to submit 90B and MCS–82/82B) on board the Federal Motor Carrier Safety the Information Collection Request (ICR) vehicle (foreign-domiciled motor Administration described below to the Office of carriers only). These endorsements Management and Budget (OMB) for Solicitation of Applications for Fiscal (Forms MCS–90/90B and MCS–82/82B) review and approval. This information Year (FY) 2007, Commercial Motor are maintained at the motor carrier’s collection renewal will be used to Vehicle (CMV) Operator Safety Training principal place of business (see 49 CFR ensure that motor carriers of property Grant Opportunity 387.7(d)). and passengers maintain the appropriate Expiration Date: December 31, 2006. levels of financial responsibility to AGENCY: Federal Motor Carrier Safety Frequency of Response: Upon Administration (FMCSA), DOT. operate on public highways. The creation, change, or replacement of an Agency published a Federal Register insurance policy or surety bond. ACTION: Notice. notice allowing for a 60-day comment Estimated Total Annual Burden: period on the ICR in August 2006 (71 FR 4,529 hours [151.4 hours for motor SUMMARY: FMCSA announces that it has 48967, Aug. 22, 2006). FMCSA did not carriers of passengers + 4,377.4 hours published an opportunity to apply for receive any comments in response to for motor carriers of property = 4,528.8 FY 2007 CMV Operator Safety Training this notice. or rounded to the nearest hour 4,529]. Grant Opportunity funding on the DATES: Please send your comments by grants.gov Web site (http:// January 17, 2007. OMB must receive Background www.grants.gov). Section 4134 of the your comments by this date in order to The Secretary of Transportation is Safe, Accountable, Flexible, Efficient act quickly on the ICR. responsible for implementing Transportation Equity Act: A Legacy For ADDRESSES: You may submit comments regulations which establish the minimal Users (SAFETEA–LU) establishes the to the Office of Information and levels of financial responsibility for: (1) CMV Operator Safety Training Grant Regulatory Affairs, Office of For-hire motor carriers of property to Opportunity program. The legislation Management and Budget, 725 cover public liability, property damage, requires grant recipients to train drivers Seventeenth Street, NW., Washington, and environmental restoration, and (2) and future drivers in the safe operation DC 20503, Attention: DOT/FMCSA Desk for-hire motor carriers of passengers to of CMVs, as defined in Section 31301 of Officer. cover public liability and property Title 49, United States Code. Priority damage. The Endorsement for Motor will be given to regional or multi-state FOR FURTHER INFORMATION CONTACT: Ms. Carrier Policies of Insurance for Public educational or nonprofit associations Stephanie Haller, Commercial Liability (Forms MCS–90/90B) and the serving economically distressed regions Enforcement, Department of Motor Carrier Public Liability Surety of the United States. Eligible awardees Transportation, Federal Motor Carrier Bond (Forms MCS–82/82B) contain the also can include State governments, Safety Administration, 400 Seventh minimum amount of information local governments, and accredited post- Street, SW., Washington DC 20590– necessary to document that a motor secondary educational institutions 0001. Telephone: 202–385–2422; e-mail carrier of property or passengers has (public or private) such as colleges, [email protected]. obtained, and has in effect, the universities, vocational-technical SUPPLEMENTARY INFORMATION: minimum levels of financial schools and truck driver training Title: Financial Responsibility for responsibility as set forth in applicable schools. To apply for funding, Motor Carriers of Passengers and Motor regulations (motor carriers of property— applicants must be registered with Carriers of Property. 49 CFR 387.9; and motor carrier of grants.gov. Registration with grants.gov OMB Control Number: 2126–0008. passengers—49 CFR 387.33). FMCSA may take two to five days before the Type of Request: Extension of a and the public can verify that a motor system will allow you to apply for currently-approved information carrier of property or passengers has grants using the grants.gov Web site collection. obtained, and has in effect, the required (http://www.grants.gov/applicants/ Respondents: Insurance and surety minimum levels of financial get_registered.jsp). Submit application companies of motor carriers of property responsibility, by use of the information in accordance with the instructions (Forms MCS–90 and MCS–82) and embraced within these documents. provided. Applications for grant motor carriers of passengers (Forms Public Comments Invited: You are funding must be submitted MCS–90B and MCS–82B). asked to comment on any aspect of this electronically to the FMCSA through the

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grants.gov Web site. The CFDA number NEMSAC must be received February 16, Government cannot establish or utilize for MCSAP is 20.235. 2007. a group of people in the interest of DATES: FMCSA will initially consider FOR FURTHER INFORMATION CONTACT: Mr. obtaining consensus advice or funding of applications submitted by Drew Dawson, Director, NHTSA Office recommendations unless that group is January 31, 2007 by qualified of Emergency Medical Services, (202) chartered as a Federal advisory applicants. If additional funding 366–9966 or via e-mail at committee. The purpose of this notice is remains available, applications [email protected]; or Ms. Allison to announce the establishment of an submitted after January 31, 2007 will be Rusnak, Office of the Chief Counsel, advisory committee to provide NHTSA considered on a case-by-case basis. (202) 366–1834 or via e-mail at advice and recommendations regarding Funds will not be available for [email protected], 400 7th Street, a broad range of EMS issues. The allocation until such time as FY2007 SW., Washington, DC 20590. Office Secretary has determined that the appropriations legislation is passed and hours are from 7:45 a.m. to 4:15 p.m. establishment of NEMSAC is necessary signed into law. Funding is subject to EST, Monday through Friday, except and in the public interest. reductions resulting from obligation Federal holidays. B. Name of Committee limitations or rescissions as specified in SUPPLEMENTARY INFORMATION: National Emergency Medical Services SAFETEA–LU or other legislation. Electronic Access Advisory Council. FOR FURTHER INFORMATION CONTACT: Mr. You may submit or retrieve comments Art L. Williams, Federal Motor Carrier C. Purpose and Objective online through the Document Safety Administration, Office of Safety Management System (DMS) at: http:// The NEMSAC will be a nationally Programs, State Programs Division (MC– dms.dot.gov/submit. The DMS is recognized council of EMS sESS), 202–366–3695, 400 Seventh available 24 hours each day, 365 days representatives and consumers to Street SW., Room 8314, Washington, DC each year. Electronic submission and provide advice and recommendations 20590. Office hours are from 7:30 a.m. retrieval help and guidelines are regarding EMS to NHTSA. The issues to 4 p.m., EST., Monday through Friday, available under the help section of the that NEMSAC will consider include: except Federal holidays. Web site. National EMS needs assessment and Issued on: December 11, 2006. An electronic copy of this document strategic planning; development of John H. Hill, may be downloaded from the Federal standards, guidelines, benchmarks, and Administrator. Register’s home page at http:// data collection relating to EMS; development of methods for improving [FR Doc. E6–21458 Filed 12–15–06; 8:45 am] www.archives.gov and the Government community-based EMS; strengthening BILLING CODE 4910–EX–P Printing Office’s database at http:// www.access.gpo.gov/nara. EMS systems through enhanced Anyone is able to search the workforce development, education, National Highway Traffic Safety electronic form of all comments training, exercises, equipment, medical Administration received into any of our dockets by the oversight; improved coordination and name of the individual submitting the support of EMS activities among Federal [NHTSA Docket No. NHTSA–2006–26143] comment (or signing the comment, if programs; and other issues or topics as submitted on behalf of an association, determined by NHTSA. National Emergency Medical Services business, labor union, etc.). You may The NEMSAC does not exercise Advisory Council to the Secretary of review DOT’s complete Privacy Act program management or regulatory Transportation Statement in a Federal Register development responsibilities, and published on April 11, 2000 (70 FR makes no decisions directly affecting AGENCY: National Highway Traffic the programs on which it provides Safety Administration (NHTSA), DOT. 19477), or you may visit http:// dms.dot.gov. advice. The NEMSAC provides a forum ACTION: Notice of establishment of an Please note that even after the for the development, consideration, and advisory committee. comment closing date, we will continue communication of information from a knowledgeable and independent SUMMARY: The Secretary of to file relevant information in the docket as it becomes available. Further, some perspective of a strategy for advancing Transportation announces the EMS systems nationwide. establishment of a National Emergency people may submit late comments and Medical Services (EMS) Advisory we recommend that you periodically D. Balanced Membership Plans check the docket for new material. We Council (NEMSAC) to provide advice Advisory council members shall and recommendations regarding EMS will consider late comments [75 days from publication]. represent a cross-section of the diverse matters to the U.S. Department of agencies, organizations, and individuals Transportation (DOT), National Background involved in EMS activities and Highway Traffic Safety Administration The National Emergency Medical programs in the U.S. The NEMSAC shall (NHTSA). NHTSA’s Office of Services Advisory Council will serve as be composed of not more than 26 Emergency Medical Services will serve a forum to provide to NHTSA advice members, each of whom shall be as sponsor of the Advisory Council for and recommendations on a broad range appointed by the Secretary of the Secretary. The purpose of this notice of issues related to EMS. The DOT has Transportation. Twenty-four of these is to inform interested parties of the determined that the establishment of members will represent the perspectives establishment of NEMSAC and invite NEMSAC falls under the terms of the of particular components of the EMS the submission to NHTSA of Federal Advisory Committee Act community. The Council’s broad-based nominations/applications for (FACA), 5 U.S.C. App. II. membership will assure that it has membership, as well as comments on sufficient EMS system expertise and the strategies or issues that should be A. Notice of Establishment of an geographic and demographic diversity considered by NEMSAC. Advisory Council to accurately reflect the EMS DATES: Comments and applications or In accordance with the requirements community as a whole. NHTSA seeks nominations for membership on of FACA, an agency of the Federal applications and nominations for

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members within the EMS community E. Applications for Membership DEPARTMENT OF TRANSPORTATION from a wide array of national organizations and the public. Members Each application for membership or National Highway Traffic Safety will be selected for their individual nomination to the advisory council Administration expertise and to reflect a balanced must include the following: Forum on Human Factors Research representation of interests from across (1) A brief resume or letter (no more Necessary To Support Advanced the EMS community, but no member than one page) demonstrating the will represent a specific organization. Vehicle Safety Technologies; applicant or nominee’s knowledge of Correction To the extent practical, the final EMS projects or programs and why he council membership shall assure or she is interested in serving on the AGENCY: National Highway Traffic representation from the following: advisory council (please note, resumes Safety Administration (NHTSA), DOT. ➢ Volunteer EMS or letters will be posted in the public ACTION: Meeting notice; correction. ➢ Fire-based (career) EMS docket and therefore should not contain SUMMARY: NHTSA published a ➢ Private (career non-fire) EMS personal information such as date of document in the Federal Register of ➢ Hospital-based EMS birth, etc). ➢ November 20, 2006, concerning a Tribal EMS (2) The name of the applicant or ➢ Air Medical EMS meeting notice for a forum on Human nominee and which interest(s)/ Factors Research Necessary to Support ➢ Local EMS service director/ component(s) of the EMS community Advanced Vehicle Safety Technologies. administrators (identified above in Section D) he or she The document did not contain the ➢ EMS Medical Directors would represent. Docket Number. ➢ Emergency Physicians ➢ Trauma Surgeons (3) Evidence that the applicant or FOR FURTHER INFORMATION CONTACT: ➢ Pediatric Emergency Physicians nominee represents those interest(s)/ Michael Perel, 202–366–5675. ➢ State EMS Directors component(s) of the EMS community Correction ➢ State Highway Safety Directors (identified above in Section D). ➢ Federal Register of November 20, EMS Educators (4) A written commitment that the 2006, on page 67203, in the first ➢ Public Safety Call-taker/Dispatcher applicant or nominee would participate column, correct the ‘‘NHTSA Docket (911) in good faith. Since all comments and/ Number’’ caption to read: NHTSA ➢ EMS Data Managers or applications for membership or Docket No. NTSA–2006–26286. ➢ EMS Researchers nominations for membership on the ➢ Dated: December 7, 2006. Emergency Nurses advisory council will be posted on the ➢ Joseph N. Kanianthra, Hospital Administration Public Docket, we encourage you to ➢ Associate Administrator for Vehicle Safety Public Health include only that information you are ➢ Research. Emergency Management willing to provide for the public docket ➢ [FR Doc. 06–9735 Filed 12–15–06; 8:45 am] State Homeland Security Directors and submit your application ➢ BILLING CODE 4910–59–M Consumers (not directly affiliated electronically using the docket number with an EMS or healthcare provided on this notice through the organization) DOT online Document Management DEPARTMENT OF TRANSPORTATION ➢ State or local legislative bodies (e.g. System found at: http://dms.dot.gov/ city/county councils; state submit. Research and Innovative Technology legislatures) Administration Every effort will be made to select This document gives notice to advisory council members who are potential participants of the process and Applications for Funding Under objective. A balanced membership is affords them the opportunity to apply Intelligent Transportation Systems needed and weight will be given to a for membership on NEMSAC. The Operational Testing To Mitigate application procedure is set forth below. variety of factors including, but not Congestion Program limited to, geographical distribution, In addition, NHTSA invites commentors AGENCY: Research and Innovative to suggest or nominate potential gender, minority status, organization, and expertise. Technology Administration (RITA), U.S. members. Department of Transportation (DOT). The NHTSA is aware that there are Members of the advisory council may ACTION: Notice of solicitation for many more potential organizations and receive travel and per diem, as allowed applications for funding under the U.S. participants than there are membership by Federal regulations and U.S. Department of Transportation’s positions on NEMSAC. It is important to Department of Transportation policy. Intelligent Transportation Systems— recognize that interested parties who are F. Duration Operational Testing to Mitigate not selected for NEMSAC membership Congestion Program. can make valuable contributions to the Two years from the establishment of work of NEMSAC in several ways. For SUMMARY: In May 2006, the U.S. the advisory council charter. example, the person or organization Department of Transportation (the may request to be placed on the Issued on: December 13, 2006. Department) announced its National NEMSAC mailing list, submit written Mary E. Peters, Strategy to Reduce Congestion on comments to the advisory council, and Secretary. America’s Transportation Network (the attend NEMSAC meetings. Time will be [FR Doc. E6–21522 Filed 12–15–06; 8:45 am] Congestion Initiative), a bold and set aside during each meeting for the comprehensive national program to BILLING CODE 4910–59–P purpose of permitting public comment, reduce congestion on the Nation’s roads, consistent with NEMSAC’s need for rails, runways, and waterways. One sufficient time to complete its major component of the Congestion deliberations. Initiative is the Urban Partnership

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Agreement (UPA). By separate notice in [email protected]. Please address Similarly, in a 2001 survey conducted the Federal Register, the Department legal questions to Grace Reidy, Esq., by the U.S. Conference of Mayors, 79 has solicited metropolitan areas to enter Office of the Chief Counsel, Federal percent of Americans from ten into UPAs to demonstrate strategies Highway Administration, at (202) 366– metropolitan areas reported that with a combined track record of 6226 or via e-mail at congestion has worsened over the past effectiveness in reducing traffic [email protected]. RITA and FHWA five years; 50 percent believe it has congestion. See Applications for Urban offices are located at 400 Seventh Street, become ‘‘much worse.’’ 6 Partnership Agreements as Part of SW., Washington, DC 20590. Office The Urban Partnership Agreement. In Congestion Initiative, (71 FR 71231) hours for RITA and the FHWA are from May 2006, the Department announced dated December 8, 2006. To support this 7:45 a.m. to 4:15 p.m., e.t., Monday its Congestion Initiative, a bold and national strategy, the Department through Friday, except on Federal comprehensive national program to intends to award cooperative holidays. reduce congestion on the Nation’s roads, agreements to one or more successful SUPPLEMENTARY INFORMATION: rails, runways, and waterways. One jurisdictions to operationally test, major component of the Congestion demonstrate, and evaluate region-wide A. The Department’s Congestion Initiative is the UPA. Through UPAs, innovative technology based congestion Initiative and Urban Partnership the Department plans to partner with mitigation strategies. Agreement certain metropolitan areas or ‘‘Urban The purpose of this notice is to solicit Crisis of Congestion. Traffic Partners’’ to demonstrate four strategies proposals by metropolitan areas to the congestion affects virtually every aspect with a combined track record of Intelligent Transportation Systems of peoples’ lives—where people live, effectiveness in reducing traffic Operational Testing to Mitigate work, shop, and how much they pay for congestion. The four strategies are Congestion (ITS-OTMC) Program for goods and services. According to 2003 known as the ‘‘Four Ts’’, which are: funding the implementation of figures, in certain metropolitan areas the 1. Tolling: Implementing a broad innovative congestion-reducing average rush hour driver loses as many congestion pricing or variable toll technologies. The Department may as 93 hours per year to travel delay—the demonstration; provide successful jurisdictions up to equivalent of more than two weeks of 2. Tansit: Creating or expanding $100 million over three years through work, amounting annually to a virtual express bus services, bus rapid transit the ITS-OTMC Program in support of ‘‘congestion tax’’ as high as $1,598 per (BRT) or other innovative commuter innovative technology-based strategies traveler in wasted time and fuel.1 transit services, which would benefit to reduce congestion. Nationwide, congestion imposes costs from the free-flow traffic conditions This notice is one of three on the economy of over $65 billion per generated by pricing; solicitations being issued by the year,2 a figure that has more than 3. Telecommuting: Securing Department in connection with the doubled since 1993, and that would be agreements from major area employers Congestion Initiative. See below even higher if it accounted for the to establish or expand telecommuting ‘‘SUPPLEMENTARY INFORMATION: significant cost of unreliability to and flex scheduling programs; and Coordination with Other Congestion drivers and businesses, the 4. Technology & Operations: Using Initiative Solicitations.’’ environmental impacts of idle-related cutting edge technological and operational approaches to improve DATES: Applicants wishing to receive auto emissions, or increased gasoline transportation system performance. funding under the ITS–OTMC Program prices. Traffic congestion also has a In return for their commitment to must submit their applications on or adopt innovative, system-wide solutions before April 30, 2007. Late-filed substantial negative impact upon the quality of life of many American to traffic congestion, the Department, to applications to the ITS–OTMC Program the maximum extent possible, would will be considered to the extent families. In a 2005 survey, for example, 52 percent of Northern Virginia support its Urban Partners with the practical. Department’s financial resources Application Submission: Applicants commuters reported that their travel (including a combination of grants, wishing to apply for funding under the times to work had increased in the past 3 loans, and borrowing authority), ITS–OTMC Program may file their year, leading 70 percent of working regulatory flexibility and dedicated applications online at http:// parents to report having insufficient expertise and personnel. www.grants.gov under Funding time to spend with their children and 63 percent of respondents to report having Congestion Pricing. The most Opportunity Number DTFH61–07–RA– innovative—and often misunderstood— 00111. The grant synopsis is available at insufficient time to spend with their spouses.4 Nationally, in a 2005 survey component of the UPA is congestion http://www.grants.gov. The full pricing. Congestion pricing leverages announcement is expected to be conducted by the National League of Cities, 35 percent of U.S. citizens the principles of supply and demand to available on http:www.grants.gov no manage traffic. It does this by charging later than January 15, 2007. reported traffic congestion as the most deteriorated living condition in their drivers a user fee that varies by traffic FOR FURTHER INFORMATION CONTACT: city over the past five years; 85 percent volumes or time of day, thus managing Please address questions concerning responded that traffic congestion was as highway resources in a manner that this notice to Brian Cronin, Intelligent bad or worse than the previous year.5 promotes free-flow traffic conditions on Transportation Systems Joint Program highways at all times. Congestion Office, Research and Innovative 1 Texas Transportation Institute (‘‘TTI’’), 2005 pricing achieves free-flow conditions by Technology Administration, at (202) Urban Mobility Report, May 2005 (http:// shifting purely discretionary rush hour 366–8841 or via e-mail at tti.tamu.edu/documents/mobility_report_2005.pdf), highway travel to other transportation [email protected]. Please address Tables 1 and 2. modes or to off-peak periods, taking questions concerning the required SF 2 TTI, 2005 Urban Mobility Report, p. 1. 3 Northern Virginia Transportation Alliance 2005 advantage of the fact that many rush 424 form to Sarah Tarpgaard, Office of Survey (http://www.nvta.org/ hour drivers on a typical urban highway Acquisition Management, Federal content.asp?contentid=1174). Highway Administration, at (202) 366– 4 Virginia Department of Transportation. 6 U.S. Conference of Mayors survey on traffic 5750 or via e-mail at 5 National League of Cities survey of cities (2005). congestion (2001).

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are not commuters. By removing a minor decrease in rush hour drivers, schedules allow employees to shift their fraction of the vehicles from a congested which substantially reduces area traffic commute trips from the peak period to rush hour roadway, congestion pricing congestion. less congested hours. The most enables the system to flow much more Transit. Another critical congestion- promising means to achieve these efficiently, allowing more cars to move reducing strategy to be incorporated into objectives is for public officials through the same physical space. UPAs is increasing the quality and representing Urban Partners to secure Similar variable charges have been capacity of peak-period transit service agreements from major employers in successfully utilized in other industries in order to offer a more attractive their metropolitan areas to establish or (airline tickets, cell phone rates, and alternative to automobile travel and to expand telecommuting programs, and to electricity, for example), and there is a accommodate peak-period commuters offer flexible work schedules to the consensus among economists that who elect to switch to transit in maximum number of their employees. congestion pricing represents the single response to the adoption of congestion The Department and local most viable approach to reducing traffic pricing. transportation planning agencies can congestion. Congestion pricing and public offer technical and logistical support to Congestion pricing benefits drivers transportation convey mutual benefits- employers for designing, implementing, and businesses by reducing delays and road pricing benefits public and monitoring the effectiveness of transportation by improving transit stress, increasing the predictability of telecommuting programs and flexible speeds and the reliability of transit trip times, and allowing for more work scheduling. deliveries per hour. It benefits mass service, increasing transit ridership, transit by improving transit speeds and lowering costs for transit providers, and Technology. Technology makes the reliability of transit service, expanding the source of revenue that possible congestion pricing, which increasing transit ridership, and may be used for transit, while public differs from traditional tolling in two lowering costs for transit providers. It transportation benefits road pricing by material respects: (1) Instead of charging benefits State and local governments by absorbing commuters who shift their a fixed fee, congestion pricing manages improving the quality of transportation travel from automobile to bus or rail. By traffic by charging drivers a user fee that services without tax increases or large replacing congested traffic with free- varies by traffic volumes or time of day, capital expenditures, providing flowing conditions on major routes, thus balancing supply and demand; and additional revenues for funding congestion pricing will improve the (2) unlike traditional tolling, congestion transportation, retaining businesses and speed and productivity of current fees are collected electronically at expanding the tax base. It saves lives by express bus services, making them more highway speeds. With variable pricing, shortening incident response times for attractive to commuters while reducing technology affords highway managers emergency responders. And it benefits their operating costs. Reducing the flexibility of setting user fees by society as a whole by reducing fuel congestion will also facilitate rapid time of day or ‘‘dynamically’’—by consumption and vehicle emissions, deployment of innovative, high- increasing or decreasing fees depending allowing for more efficient land use performance BRT operations in major on traffic volumes to maximize decisions, reducing housing market corridors, which require only modest throughput and the free flow of traffic. distortions, and expanding investments in new vehicles and Technology facilitates this variability by opportunities for civic participation. passenger facilities that may be eligible enabling the collection of user fees at Congestion pricing is no longer for financial support through the highway speeds through the use of simply a theory; it has demonstrated Department’s various funding transponders, Global Positioning positive results both in the U.S. and mechanisms. Improving the Systems (GPS), or cameras. With around the world. Successful American performance and variety of peak-period transponders, or ‘‘tags,’’ tolls may be applications of congestion pricing transit commuting options through a collected as vehicles pass under include California’s SR–91 between combination of congestion pricing and overhead antennae. With GPS Anaheim and Riverside, portions of I–15 limited capital investment will provide technology, like that used on Germany’s outside of San Diego, and Express Lanes significant benefits to current transit autobahns, an in-vehicle device records on I–394 between downtown riders, while improving transit’s charges based on the vehicle’s location, effectiveness in reducing peak-period Minneapolis and the western suburbs, and periodically uploads a summary of auto travel and providing the expanded all of which have enabled congestion- charges to a processing center along passenger-carrying capacity necessary to free rush hour commuting and proven with payments. Technology can also accommodate shifts to transit popular with drivers of all income provide options for occasional users of commuting induced by the imposition levels. Internationally, congestion these roads to prepay for their trip via of congestion pricing. pricing has yielded dramatic reductions Telecommuting. The third critical kiosks or the internet. in traffic congestion and increases in congestion-reducing strategy for Urban In addition, technological travel speeds in Singapore, London, and Partners to adopt is promoting increased advancements may enhance the quality Stockholm. Notably, a small reduction use of telecommuting and flexible work of transit service deployed to reduce in vehicles can yield dramatic scheduling, in order to reduce peak- urban congestion. These technology- improvements in traffic, as period commuting and shift some based improvements may include lane- demonstrated by a British study, which commuting travel to ‘‘shoulder’’ or off- keeping devices or longitudinal control projected that a 9 percent drop in traffic peak hours. Telecommuting can designed to enhance spatial efficiency could yield a 52 percent drop in eliminate some peak-period commuting on existing highways, precision 7 congestion delay. This same dynamic travel by using computer and electronic docking, signal priority systems for plays out in metropolitan areas every communications technology to enable buses, contactless fare collection, real- August, as family vacations lead to a certain employees to work from their time travel information (bus arrival homes or nearby telecommuting centers times, schedules, etc.), advanced 7 Department of Transport, U.K., Feasibility Study of Road Pricing in the U.K.: A Report to the on predetermined (often regularly traveler information systems, parking Secretary of State for Transport, Road Price Steering scheduled) workdays, or in some cases alerts and automatic vehicle locator Group, Chapter 4, Figure 3. on a full-time basis. Flexible work systems.

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B. Coordination With Other Congestion management systems, and multi-modal The Department encourages the Initiative Solicitations traveler information systems. These and submission of project proposals that This solicitation is one of three other congestion-mitigation strategies contain technologies which support solicitations being issued by the have been shown to be very effective in pricing strategies. Projects that use Department in connection with this improving overall traffic operations and technology to support and combine component of the Congestion Initiative. reducing congestion. In reauthorizing congestion mitigation strategies (such as Published separately in the Federal the ITS Program, SAFETEA–LU, section congestion pricing, expansion of transit Register, the other two solicitations are: 5306, requires the Secretary to continue capacity, and telecommuting) are 1. Solicitation of Applications for to invest in technologies and systems encouraged. Project applications should Urban Partnerships as Part of the that can aid in reducing metropolitan demonstrate that proposed strategies Congestion Initiative. See Applications congestion by not less than five percent will be implemented in a relatively for Urban Partnership Agreements as by 2010. Given the increasing demand short time frame (e.g., within 12 to 18 Part of Congestion Initiative (71 FR on the Nation’s surface transportation months from the date of procurement). 71231), dated December 8, 2006. system, this ambitious goal will require Project Costs Eligible for Grant Through UPAs, the Department plans to bold, innovative approaches. Funding. The Department will provide up to the statutorily allowable 80 partner with certain metropolitan areas D. The ITS–OTMC Program or ‘‘Urban Partners’’ in order to percent share of the estimated costs of demonstrate strategies with proven Objective. The overall objective of the an approved project. Funds available for effectiveness in reducing traffic ITS–OTMC Program is to facilitate, in the ITS–OTMC Program are intended to congestion. connection with the Congestion support the implementation costs of the 2. Solicitation of Applications to the Initiative, the operational testing of proposed operational testing. Costs of Value Pricing Pilot (VPP) Program. See innovative and aggressive congestion planning, testing, managing, operating, Solicitation of Applications to the VPP reduction strategies incorporating ITS demonstrating, monitoring, evaluating, Program to be published by the systems that can demonstrate and reporting are eligible for Department later this month in the measurable reductions in congestion reimbursement. The Department will Federal Register. The VPP Program, as levels in the testing areas. In its evaluate the allowability of proposed reauthorized by the Safe, Accountable, discretion, the Department may provide costs in accordance with OMB Circular Flexible, Efficient Transportation Equity up to $100 million over three years A–87 Cost Principles for State and Local Act: A Legacy for Users (SAFETEA–LU) through the ITS–OTMC Program which Governments. (Pub. L. 109–59, Aug. 10, 2005, Section the Department established as part of 1. Pre-Implementation Planning and 1604 (a)), supports implementation of a the ITS Program. In order to support the Design Costs. Eligible pre- variety of pricing-based approaches for objectives of the Congestion Initiative, implementation costs include: planning, managing congestion on highways. The the Department is seeking applications public participation, consensus solicitation for the VPP Program will for the operational testing and building, marketing, impact assessment, align the program with the Congestion evaluation of innovative uses of modeling, financial planning, Initiative to support metropolitan areas technology to address congestion on a development of concepts of operations, in implementing broad congestion specific facility or facilities, such as a technology assessments and pricing strategies in the near term. corridor, an urban area or region. specifications, and environmental work and other pre-implementation work that Please note: Applicants for funding under Accordingly, qualifying projects must be the ITS–OTMC and/or VPP Programs that expected to directly result in significant, relates to the establishment of a project also wish to become an Urban Partner must participating in the ITS–OTMC broad, and near-term congestion relief. 9 respond to each solicitation separately. Projects that the Department will Program. However, the Department will accept consider may include demand 2. Implementation Costs. Eligible identical copies of a single application as management pricing strategies, costs include those for equipment, long as it satisfies the requirements of each installation, managing, operating, relevant solicitation. advanced traffic signal control, innovative incident detection and demonstrating evaluating, and reporting on the ITS–OTMC Program, including C. The Department’s ITS Program management strategies, integrated corridor management, parking administrative and operational costs, Since enactment of the Intermodal management tied to transit service, high enforcement costs, costs of monitoring Surface Transportation Efficiency Act of occupancy/toll (HOT) lanes, managed and evaluating project operations, and 1991 (ISTEA) (Pub. L. 102–240, Dec. 18, lanes, ramp control, lane-keeping costs of continuing public relations 1991), the Department has been devices or longitudinal control designed activities during the period of administering the ITS Program. A to enhance spatial efficiency on existing implementation. primary objective of the ITS Program is highways, precision docking, signal Who is Eligible to Apply? Competition the research, development and priority systems for buses, contactless is limited to State or local governments operational testing of systems and fare collection, real-time travel or public authorities, such as State strategies to reduce congestion in urban information (bus arrival times, departments of transportation, transit areas (SAFETEA–LU, Section 5305). As schedules, emergency information to authorities and tolling agencies. a result, the program has focused first-responders, etc.), advanced traveler Although project agreements must be considerable attention on the information systems,8 parking alerts or with the aforementioned public entities, development of various products automatic vehicle locator systems. those entities may partner with private oriented towards congestion mitigation, such as electronic toll collection, 8 Advanced traveler information systems include that information to drivers via mobile phones, in- advanced real-time adaptive traffic web or wireless access to route-specific travel time car units or dynamic message signs. signals, transit signal priority systems, and toll information; route planning assistance 9 While planning and design costs are eligible using historical records of congestion by time of expenses, the expectation is that these projects have innovative surveillance systems, day; and communications technologies that gather been well thought out and that the proposing improved incident detection and traffic- and incident-related data from a few jurisdiction has already completed the preliminary response systems, advanced transit vehicles traveling on a roadway and then publish planning to quickly move to deployment.

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tolling authorities, for-profit companies, 11. Plans for meeting all Federal, and proposed uses of revenues; and a and non-profit organizations. State, and local legal and administrative clear tabulation of Federal funds requirements for project 12 E. Contents of Application for ITS– requested and proposed match. implementation, including relevant OTMC Program Federal-aid planning and environmental F. ITS–OTMC Program Selection Below is the minimum set of requirements; Criteria application requirements. The full set of 12. A discussion of previous public application requirements will be involvement, including public meetings, Proposals will be evaluated based on detailed in the full announcement in the demonstration of the proposed (i) the project’s operational testing which will be available by January 15, ITS operational test to mitigate value, (ii) the project’s estimated impact 2007, on http://www.grants.gov under congestion. Any expressions or on congestion, (iii) the project’s Funding Opportunity Number DTFH61– declarations of support from public technical merit, and (iv) the project’s 07–RA–00111. An application shall officials, industry, or the public. Future management approach and schedule, consist of the following materials: plans for involving key affected parties, and (v) whether the jurisdiction in • Standard Form (SF) 424 coalition building, and media relations, which the project is located has been • SF 424A and more broadly for ensuring adequate designated an Urban Partner. The • SF 424B public and private sector involvement overall budget, as well as the level of • SF LLL • prior to implementation (applicants are funding match being proposed, will also Grants.gov Lobbying Form encouraged to provide more than just be considered in the evaluation. Priority • Attachments Form (each as further letters of support, but instead reference will be given to acceptable proposals described below): any implemented policies and/or Æ Part I: Background, Problem and submitted by Urban Partners. legislation that will enable successful Technical Approach G. Number of Awards and Funding Æ Part II: Demonstration Value implementation); and 13. A description of private entities, if Æ Part III Budget Application Detail A maximum total amount of $100 any, involved in the project and the Part I: Background, Problem and million in Federal funds may be applicants arrangements therewith, Technical Approach. This section obligated over three years to the selected should include the following including any cost sharing or debt retirement arrangements associated with ITS–OTMC projects. Final budgets will information: be negotiated upon selection. 1. The name, title, e-mail address and revenues. phone number of the person who will Part II: Operational Testing Value. H. Miscellaneous act as the point of contact on behalf of This section should describe the the applicant; ‘‘Operational Testing value’’ of the Successful applicants will enter into a 2. A description of the partner agency, proposed project. Operational Testing cooperative agreement with the authority, or authorities requesting value is the extent to which the project Department. The cooperative agreement funding; demonstrates to other states, will define the project scope, schedule 3. The Congressional District or metropolitan areas, and other and budget. Cooperative agreements Districts in which the project will be jurisdictions the potential of ITS between the Department and successful implemented; technology to solve congestion applicants will be subject to the 4. Identification of the lead agency problems. Operational Testing value is Department’s regulations at 49 CFR Part and a description of the roles for each enhanced by taking advantage of the 18, Uniform Administrative public agency or agencies that will be complementarities among different Requirements for Grants and responsible for operating, maintaining, congestion mitigation strategies (such as Cooperative Agreements to State and congestion pricing, expansion of transit and enforcing the operational testing Local Governments, metropolitan and project, if applicable; capacity, and telecommuting). The application should describe how statewide planning requirements 5. A management and staffing plan for located at 23 U.S.C. 135(c)(1), (e)(2)(B), all partner agencies; the various parts of the overall (f)(1)(B)(ii)(I) and (II), (f)(3)(A) and (B), 6. A description of the ITS congestion congestion reduction strategy interact to mitigation technologies to be enhance their overall effectiveness in and 49 U.S.C. 5323(1). operationally tested; reducing congestion. The application (Authority: Pub. L. 109–59). 7. Identification of the facilities that should also discuss what elements of will be covered by the operational test; the applicant’s strategy are novel, and Issued on: December 12, 2006. 8. A plan, including timeline broken how the applicant believes these John A. Bobo, Jr., down by phases, for implementing ITS elements hold promise to reduce Administrator, Research and Innovative congestion mitigation technologies; congestion in other metropolitan areas. Technology Administration. 9. A description of the anticipated Part III: Budget. This section should [FR Doc. E6–21460 Filed 12–15–06; 8:45 am] effects of the ITS congestion mitigation contain the following information: 11 BILLING CODE 4910–22–P technologies on reducing congestion, 1. A budget itemized by task, phase altering travel behavior, and and funding year; encouraging the use of multiple 2. A finance and revenue plan, 12 Please note: Federal funds are restricted to 80 transportation modes; including a budget for capital and percent of total project costs. A minimum of 20 10. Plans for monitoring and operating costs; a description of all percent of the total cost of the project must be from evaluating operational testing projects, funding sources, planned expenditures, non-Federally derived funding sources and must including plans for collection and consist of either cash, substantial equipment or facilities contributions that are wholly utilized as analysis, before and after assessment, recipient shall agree to support the independent evaluator in collecting and providing access to the an integral part of the project or personnel services and long term monitoring and necessary data. dedicated full-time to the proposed operational test 10 documenting of project effects; 11 If such information is not fully developed at the for a substantial period, as long as such personnel time an application is submitted, an application are not otherwise supported with Federal funds. 10 The Department will be selecting an may still be considered by the Department in its The non-Federally derived funding may come from independent evaluator for all projects selected. The discretion. state, local government, or private sector partners.

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DEPARTMENT OF TRANSPORTATION Carload Waybill Sample. Under 49 CFR including each proposed extension of an 1244, a railroad terminating 4500 or existing collection of information. Surface Transportation Board more carloads, or terminating at least Dated: December 18, 2006. 5% of the total revenue carloads that Vernon A. Williams, Notice and Request for Comments terminate in a particular state, in any of Secretary. the three preceding years is required to AGENCY: Surface Transportation Board, [FR Doc. E6–21473 Filed 12–15–06; 8:45 am] DOT. file carload waybill sample information BILLING CODE 4915–01–P ACTION: 60-day notice of intent to seek (Waybill Sample) for all line-haul extension of approval: Waybill revenue waybills terminating on its Compliance Survey. lines. The information in the Waybill Sample is used to monitor traffic flows DEPARTMENT OF THE TREASURY SUMMARY: As required by the Paperwork and rate trends in the industry. The Submission for OMB Review; Reduction Act of 1995, 44 U.S.C. 3501 Board needs to collect information in Comment Request et seq. (PRA), the Surface the Waybill Compliance Survey— Transportation Board (STB or Board) information on carloads of traffic December 12, 2006. gives notice of its intent to seek from the terminated each year by U.S. railroads— The Department of the Treasury has Office of Management and Budget in order to determine which railroads submitted the following public (OMB) an extension of approval for the are required to file the Waybill Sample. information collection requirement(s) to currently approved Waybill Compliance In addition, information collected in the OMB for review and clearance under the Survey. This information collection is Waybill Compliance Survey, on a Paperwork Reduction Act of 1995, described in detail below. Comments voluntary basis, about the total Public Law 104–13. Copies of the are requested concerning (1) The operating revenue of each railroad helps submission(s) may be obtained by accuracy of the Board’s burden to determine whether respondents are calling the Treasury Bureau Clearance estimates; (2) ways to enhance the subject to other statutory or regulatory Officer listed. Comments regarding this quality, utility, and clarity of the requirements. Accurate determinations information collection should be information collected; (3) ways to regarding the size of a railroad helps the addressed to the OMB reviewer listed minimize the burden of the collection of Board minimize the reporting burden and to the Treasury Department information on the respondents, for smaller railroads. The Board has Clearance Officer, Department of the including the use of automated authority to collect this information Treasury, Room 11000, 1750 collection techniques or other forms of under 49 U.S.C. 11144 and 11145 and Pennsylvania Avenue, NW., information technology, when under 49 CFR 1244.2. Washington, DC 20220. appropriate; and (4) whether this DATES: Comments on this information DATES: Written comments should be collection of information is necessary collection should be submitted by received on or before January 17, 2007 for the proper performance of the February 16, 2007. to be assured of consideration. functions of the Board, including ADDRESSES: whether the collection has practical Direct all comments to Internal Revenue Service (IRS) utility. Submitted comments will be Marilyn Levitt, Surface Transportation Board, Room 614, 1925 K Street, NW., OMB Number: 1545–1551 summarized and included in the Type of Review: Extension. Board’s request for OMB approval. Washington, DC 20423, or to [email protected]. When submitting Title: Revenue Procedure 97–36, Description of Collection comments, please refer to ‘‘Waybill Revenue Procedure 97–38, Revenue Compliance Survey, OMB control Procedure 97–39, and Revenue Title: Waybill Compliance Survey. Procedure 2002–9, Changes in Methods OMB Control Number: 2140–0010. number 2140–0010.’’ of Accounting. STB Form Number: None. FOR FURTHER INFORMATION OR TO OBTAIN Type of Review: Extension without Description: The information A COPY OF THE STB FORM, CONTACT: Mac collected in the four revenue procedures change. Frampton at (202) 565–1541 or at Respondents: Regulated railroads that is required in order for the [email protected]. [Assistance Commissioner to determine whether the did not submit carload waybill sample for the hearing impaired is available information to the STB in the previous taxpayer properly is requesting to through the Federal Information Relay change its method of accounting and the year. Service (FIRS) at 1–800–877–8339.] Number of Respondents: 120. terms and conditions of the change. Estimated Time Per Response: .5 SUPPLEMENTARY INFORMATION: Under the Respondents: Businesses and other hours. PRA, a Federal agency conducting or for-profit institutions. Frequency: Annually. sponsoring a collection of information Estimated Total Burden Hours: Total Burden Hours (annually must display a currently valid OMB 222,454 hours. including all respondents): 60. control number. A collection of OMB Number: 1545–1851 Total ‘‘Non-hour Burden’’ Cost: No information, which is defined in 44 Type of Review: Extension. ‘‘non-hour cost’’ burdens associated U.S.C. 3502(3) and 5 CFR 1320.3(c), Title: REG–124312–02 (Final) Golden with this collection have been includes agency requirements that Parachute Payments. identified. persons submit reports, keep records, or Description: These regulations deny a Needs and Uses: The ICC Termination provide information to the agency, third deduction for excess parachute Act of 1995, Pub. L. No. 104–88, 109 parties, or the public. Under section payments. A parachute payment is a Stat. 803 (1995), which took effect on 3506(c)(2)(A) of the PRA, Federal payment in the nature of compensation January 1, 1996, abolished the Interstate agencies are required to provide, prior to a disqualified individual that is Commerce Commission and transferred to an agency’s submitting a collection to contingent on a change in ownership or to the STB the responsibility for the OMB for approval, a 60-day notice and control of a corporation. Certain economic regulation of common carrier comment period through publication in payments, including payments from a rail transportation, including the the Federal Register concerning each small corporation, are exempt from the collection and administration of the proposed collection of information, definition of parachute payment if

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certain requirements are met (such as 2601. IRS uses the information to public comments on its proposal to shareholder approval and disclosure enforce this tax and to verify that the tax extend this information collection. requirements). has been properly computed. DATES: Submit written comments on or Respondents: Businesses and other Respondents: Individuals or before February 16, 2007. for-profit institutions. households. ADDRESSES: Send comments, referring to Estimated Total Burden Hours: 12,000 Estimated Total Burden Hours: 684 the collection by title of the proposal or hours. hours. by OMB approval number, to OMB Number: 1545–1096 OMB Number: 1545–1701 Information Collection Comments, Chief Title: Excise Tax Program Order Blank Title: Revenue Procedure 2000–37 Counsel’s Office, Office of Thrift for Forms and Publications. Reverse Like-kind Exchanges. Supervision, 1700 G Street, NW., Type of Review: Extension. Type of Review: Extension. Washington, DC 20552; send a facsimile Description: The revenue procedure Form: 9117. transmission to (202) 906–6518; or send provides a safe harbor for reverse like- Description: Form 9117 allows an e-mail to kind exchanges under which a taxpayers who must file Form 720 [email protected]. transaction using a ‘‘qualified exchange returns a systemic way to order OTS will post comments and the related accommodation arrangement’’ will additional tax forms and informational index on the OTS Internet Site at qualify for non-recognition treatment publications. http://www.ots.treas.gov. In addition, Respondents: Businesses and other under Sec. 1031 of the Internal Revenue interested persons may inspect for-profit institutions. Code. comments at the Public Reading Room, Estimated Total Burden Hours: 500 Respondents: Businesses and other 1700 G Street, NW., by appointment. To hours. for-profit institutions. make an appointment, call (202) 906– OMB Number: 1545–1143 Estimated Total Burden Hours: 3,200 Title: Notification of Distribution hours. 5922, send an e-mail to From a Generation-Skipping Trust. Clearance Officer: Glenn P. Kirkland, [email protected], or send a Type of Review: Extension. (202) 622–3428, Internal Revenue facsimile transmission to (202) 906– Form: 706–GS(D–1). Service, Room 6516, 1111 Constitution 7755. Description: Form 706–GS(D–1) is Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: You used by trustees to notify the IRS and OMB Reviewer: Alexander T. Hunt, can request additional information distributees of information needed by (202) 395–7316, Office of Management about this proposed information distributees to compute the Federal GST and Budget, Room 10235, New collection from Lewis Angel, tax imposed by IRC section 2601. IRS Executive Office Building, Washington, Technology Program Manager, uses the information to enforce this tax DC 20503. Information Technology Risk and to verify that the tax has been Management, (202) 906–5645, Office of Robert Dahl, properly computed. Thrift Supervision, 1700 G Street, NW., Respondents: Individuals or Treasury PRA Clearance Officer. Washington, DC 20552. [FR Doc. E6–21504 Filed 12–15–06; 8:45 am] Households. SUPPLEMENTARY INFORMATION: OTS may Estimated Total Burden Hours: BILLING CODE 4830–01–P not conduct or sponsor an information 348,800 hours. collection, and respondents are not OMB Number: 1545–1558 required to respond to an information DEPARTMENT OF THE TREASURY Title: Revenue Procedure 97–43, collection, unless the information Procedures for Electing Out of Office of Thrift Supervision collection displays a currently valid Exemptions Under Section 1.475(c)–1; OMB control number. As part of the and Revenue Ruling 97–39, Mark-to- Proposed Agency Information approval process, we invite comments Market Accounting Method for Dealers Collection Activities; Comment on the following information collection. in Securities. Request—Interagency Guidance on Comments should address one or Form: 1138. Response Programs for Unauthorized more of the following points: Type of Review: Extension. Access to Customer Information and a. Whether the proposed collection of Description: Revenue Procedure 97– Customer Notice information is necessary for the proper 43 provides taxpayers automatic performance of the functions of OTS, consent to change to mark-to-market AGENCY: Office of Thrift Supervision including whether the information will accounting for securities after the (OTS), Treasury. have practical utility; taxpayer elects under section 1.475(c)– ACTION: Notice and request for comment. b. The accuracy of OTS’s estimate of 1, subject to specified terms and the burden of the proposed information conditions. Revenue Ruling 97–39 SUMMARY: The Department of the collection, including the validity of the provides taxpayers additional mark-to- Treasury, as part of its continuing effort methodology and assumptions used; market guidance in a question and to reduce paperwork and respondent c. Ways to enhance the quality, answer format. burden, invites the general public and utility, and clarity of the information to Respondents: Businesses and other other Federal agencies to comment on be collected; and for-profit institutions. proposed and continuing information d. Ways to minimize the burden of the Estimated Total Burden Hours: 1,000 collections, as required by the information collection on respondents, hours. Paperwork Reduction Act of 1995, 44 including through the use of appropriate OMB Number: 1545–1145 U.S.C. 3507. The Office of Thrift automated, electronic, mechanical, or Title: Generation-Skipping Transfer Supervision within the Department of other technological collection Tax Return For Terminations. the Treasury will submit the proposed techniques or other forms of information Type of Review: Extension. information collection requirement technology. Form: 706–GS(T). described below to the Office of e. Whether the estimates need to be Description: Form 706–GS(T) is used Management and Budget (OMB) for adjusted based upon the institutions’ by trustees to compute and report the review, as required by the Paperwork experience regarding the number of Federal GST tax imposed by IRC section Reduction Act. Today, OTS is soliciting actual security breaches that occur.

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We will summarize the comments Gramm-Leach-Bliley Act (GLBA), 15 change to the regulation or to the that we receive and include them in the U.S.C. 6801, and the Interagency information collection requirements. OTS request for OMB approval. All Guidelines Establishing Information Type of Review: Renewal. comments will become a matter of Security Standards (Security Affected Public: Business or other for- 1 public record. In this notice, OTS is Guidelines) to include the profit; individuals. soliciting comments concerning the development and implementation of a Number of Respondents: 852. following information collection. response program to address Title of Proposal: Interagency unauthorized access to or use of Estimated Time per Response: × Guidance on Response Programs for customer information that could result Developing Notices: 20 hours 8 = × Unauthorized Access to Customer in substantial harm or inconvenience to 160 hours. 24 hours 852 = 20,448 Information and Customer Notice. a customer. The Guidance states that hours. OMB Number: 1550–0110. every financial institution should Notifying Customers: 29 hours × 17 Form Number: N/A. develop and implement a response = 435 hours. Description: On March 29, 2005, the program designed to address incidents Total Estimated Annual Burden = Office of the Comptroller of the of unauthorized access to customer 20,883 hours. Currency (OCC), Board of Governors of information maintained by the Clearance Officer: Marilyn K. Burton, the Federal Reserve System (Board), institution or its service provider, and (202) 906–6467, Office of Thrift Federal Deposit Insurance Corporation describes the appropriate elements of a Supervision, 1700 G Street, NW., (FDIC), and Office of Thrift Supervision financial institution’s response program, Washington, DC 20552. (OTS) (collectively, the Agencies) including customer notification Dated: December 12, 2006. published the Interagency Guidance on procedures. Response Programs for Unauthorized OTS is proposing to extend OMB Deborah Dakin, Access to Customer Information and approval of the following information Senior Deputy Chief Counsel, Regulations and Customer Notice (70 FR 15736) collection. This submission involves no Legislation Division. (Guidance). The Guidance interprets the [FR Doc. E6–21464 Filed 12–15–06; 8:45 am] requirements of section 501(b) of the 1 12 CFR part 570, app. B (OTS). BILLING CODE 6720–01–P

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Part II

Environmental Protection Agency 40 CFR Part 62 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before December 9, 2004; Proposed Rule

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ENVIRONMENTAL PROTECTION Mail: Send your comments to: EPA www.regulations.gov index. Although AGENCY Docket Center (EPA/DC), Environmental listed in the index, some information is Protection Agency, Mailcode: 6102T, not publicly available, i.e., CBI or other 40 CFR Part 62 1200 Pennsylvania Ave., NW., information whose disclosure is Washington, DC 20460, Attention restricted by statute. Certain other [EPA–HQ–OAR–2006–0364; FRL–8254–9] Docket ID No. EPA–HQ–OAR–2006– material, such as copyrighted material, 0364. Please include a total of two is not placed on the Internet and will be RIN 2060–AN43 copies. The EPA requests a separate publicly available only in hard copy. Federal Plan Requirements for Other copy also be sent to the contact person Publicly available docket materials are Solid Waste Incineration Units identified below (see FOR FURTHER available either electronically at http:// Constructed on or Before December 9, INFORMATION CONTACT). www.regulations.gov or in hard copy at 2004 Hand Delivery: EPA Docket Center the EPA Docket Center (EPA/DC), EPA (EPA/DC), EPA West Building, Room West Building, Room B102, 1301 AGENCY: Environmental Protection B108, 1301 Constitution Ave., NW., Constitution Ave., NW., Washington, Agency (EPA). Washington, DC, 20460, Attention DC. The Public Reading Room is open ACTION: Proposed rule. Docket ID No. EPA–HQ–OAR–2006– from 8:30 a.m. to 4:30 p.m., Monday 0364. Such deliveries are accepted only through Friday, excluding legal SUMMARY: On December 16, 2005, the during the normal hours of operation holidays. The telephone number for the EPA promulgated emission guidelines (8:30 a.m. to 4:30 p.m., Monday through Public Reading Room is (202) 566–1744, (EG) for existing ‘‘other’’ solid waste Friday, excluding legal holidays), and and the telephone number for the EPA incineration (OSWI) units. Sections 111 special arrangements should be made Docket Center is (202) 566–1742. and 129 of the Clean Air Act (CAA) for deliveries of boxed information. require States with existing OSWI units Instructions: Direct your comments to Note: The EPA Docket Center suffered subject to the EG to submit plans to the Docket ID No. EPA–HQ–OAR–2006– damage due to flooding during the last week EPA that implement and enforce the 0364. EPA’s policy is that all comments of June 2006. The Docket Center is received will be included in the public continuing to operate. However, during the emission guidelines. Indian Tribes may cleanup, there will be temporary changes to submit, but are not required to submit, docket without change and may be made available online at http:// Docket Center telephone numbers, addresses, Tribal plans to implement and enforce and hours of operation for people who wish the EG in Indian country. State plans are www.regulations.gov, including any to make hand deliveries or visit the Public due from States with OSWI units subject personal information provided, unless Reading Room to view documents. Consult to the EG on December 16, 2006. If a the comment includes information EPA’s Federal Register notice at 71 FR 38147 State or Tribe with existing OSWI units claimed to be Confidential Business (July 5, 2006) or the EPA Web site at does not submit an approvable plan, Information (CBI) or other information http://www.epa.gov/epahome/dockets.htm sections 111(d) and 129 of the CAA whose disclosure is restricted by statute. for current information on docket operations, require the EPA to develop, implement, Do not submit information that you locations, and telephone numbers. The and enforce a Federal plan for OSWI consider to be CBI or otherwise Docket Center’s mailing address for U.S. mail and the procedure for submitting comments units located in that State or Tribal area protected through http:// www.regulations.gov or e-mail. The to www.regulations.gov are not affected by within 2 years after promulgation of the the flooding and will remain the same. EG (December 16, 2007). This action http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which proposes a Federal plan to implement FOR FURTHER INFORMATION CONTACT: For EG for OSWI units located in States and means EPA will not know your identity or contact information unless you information concerning specific aspects Indian country without effective State or of this proposal, contact Ms. Martha Tribal plans. On the effective date of an provide it in the body of your comment. If you send an e-mail comment directly Smith, Natural Resources and approved State or Tribal plan, the Commerce Group, Sector Policies and Federal plan would no longer apply to to EPA without going through http:// www.regulations.gov, your e-mail Programs Division (E143–03), U.S. EPA, OSWI units covered by the State or Research Triangle Park, North Carolina Tribal plan. address will be automatically captured and included as part of the comment 27711; telephone number: (919) 541– DATES: Comments must be received on that is placed in the public docket and 2421; e-mail address: or before February 16, 2007. made available on the Internet. If you [email protected]. For technical Public Hearing. If anyone contacts submit an electronic comment, EPA information, contact Ms. Mary Johnson, EPA by January 8, 2007 requesting to recommends that you include your Energy Strategies Group, Sector Policies speak at a public hearing, EPA will hold name and other contact information in Program Division (D243–01), U.S. EPA, a public hearing on January 22, 2007. If the body of your comment with any disk Research Triangle Park, NC 27711; you are interested in attending the or CD–ROM you submit. If EPA cannot telephone number: (919) 541–5025; e- public hearing, contact Ms. Dorothy read your comment due to technical mail address: [email protected]. Apple at (919) 541–4487 to verify that difficulties and cannot contact you for a hearing will be held. SUPPLEMENTARY INFORMATION: clarification, EPA may not be able to Organization of This Document. The ADDRESSES: Submit your comments, consider your comment. Electronic files following outline is provided to aid in identified by Docket ID No. EPA–HQ– should avoid the use of special locating information in this preamble. OAR–2006–0364, by one of the characters, any form of encryption, and following methods: be free of any defects or viruses. I. General Information Web site: http://www.regulations.gov. Public Hearing: If a public hearing is A. Does this action apply to me? Follow the on-line instructions for B. What should I consider as I prepare my held, it will be held at EPA’s Campus comments for EPA? submitting comments. located at 109 T.W. Alexander Drive in II. Background Information E-mail: Send your comments via Research Triangle Park, NC, or an A. What is the regulatory development electronic mail to a-and-r- alternate site nearby. background for this proposed rule? [email protected]. Attention: Docket ID Docket: All documents in the docket B. What associated regulatory activity No. EPA–HQ–OAR–2006–0364. are listed in the http:// preceded this proposed rule?

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C. What impact does the EPA’s granting of C. What operating limits would apply? C. Regulatory Flexibility Act a request for reconsideration have on this D. What would be the requirements for D. Unfunded Mandates Reform Act Federal plan? OSWI air curtain incinerators? E. Executive Order 13132: Federalism III. Affected Facilities E. What other requirements would apply? F. Executive Order 13175: Consultation A. What is an OSWI unit? F. What is the proposed compliance and Coordination With Indian Tribal B. Does the Federal plan apply to me? schedule? Governments C. How do I determine if my OSWI unit is G. How did EPA determine the compliance G. Executive Order 13045: Protection of covered by an approved and effective schedule? Children From Environmental Health State or Tribal plan? VI. OSWI That Have or Will Shut Down and Safety Risks IV. Elements of the OSWI Federal Plan A. Units That Plan To Close Rather Than H. Executive Order 13211: Actions That A. Legal Authority and Enforcement Comply Significantly Affect Energy Supply, Mechanism B. Inoperable Units Distribution or Use B. Inventory of Affected OSWI Units C. OSWI Units That Have Shut Down I. National Technology Transfer C. Inventory of Emissions VII. Implementation of the Federal Plan and Advancement Act D. Emission Limitations Delegation E. Compliance Schedules A. Background of Authority I. General Information F. Waste Management Plan Requirements B. Delegation of the Federal Plan and A. Does this action apply to me? G. Testing, Monitoring, Recordkeeping, Retained Authorities and Reporting C. Mechanisms for Transferring Authority Categories and entities potentially H. Operator Training and Qualification D. Implementing Authority regulated by the proposed rules are very Requirements E. OSWI Federal Plan and Indian Country I. Record of Public Hearings VIII. Title V Operating Permits small municipal waste combustion J. Progress Reports IX. Statutory and Executive Order Reviews (VSMWC) units and institutional waste V. Summary of OSWI Federal Plan A. Executive Order 12866: Regulatory incineration (IWI) units. The OSWI A. Might the proposed rules apply to me? Planning and Review Federal plan would affect the following B. What emission limitations would apply? B. Paperwork Reduction Act categories of sources:

Category NAICS* code Examples of potentially regulated entities

Any State, local, or Tribal Government using a VSMWC 562213, 92411 Solid waste combustion units burning municipal waste unit as defined in the regulations. collected from the general public and from residential, commercial, institutional, and industrial sources. Institutions using an IWI unit as defined in the regulations 922, 6111, 623, 7121 Correctional institutions, primary and secondary schools, camps and national parks. Any Federal Government Agency using an OSWI unit as 928 Department of Defense (labs, military bases, munitions defined in the regulations. facilities). Any college or university using an OSWI unit as defined 6113, 6112 Universities, colleges and community colleges. in the regulations. Any church or convent using an OSWI unit as defined in 8131 Churches and convents. the regulations. Any civic or religious organization using an OSWI unit as 8134 Civic associations and fraternal associations. defined in the regulations. * North American Industry Classification System.

This table is not intended to be Attention Docket ID No. EPA–HQ– a. Identify the rulemaking by docket exhaustive, but rather provides a guide OAR–2006–0364. Clearly mark the part number and other identifying for readers regarding entities likely to be or all of the information that you claim information (subject heading, Federal regulated by the proposed rules. To to be CBI. For CBI information in a disk Register date and page number). determine whether your facility would or CD ROM that you mail to EPA, mark b. Follow directions. The EPA may be regulated by the proposed rules, you the outside of the disk or CD ROM as ask you to respond to specific questions should examine the applicability CBI and then identify electronically or organize comments by referencing a criteria in CAA sections 62.15460 within the disk or CD ROM the specific Code of Federal Regulations (CFR) part through 62.15500 of the proposed information that is claimed as CBI. In or section number. Federal plan. If you have any questions addition to one complete version of the c. Explain why you agree or disagree; regarding the applicability of the comment that includes information suggest alternatives and substitute proposed rules to a particular entity, claimed as CBI, a copy of the comment language for your requested changes. contact either of the persons listed in that does not contain the information the preceding FOR FURTHER INFORMATION claimed as CBI must be submitted for d. Describe any assumptions and CONTACT section. inclusion in the public docket. provide any technical information and/ B. What should I consider as I prepare Information marked as CBI will not be or data that you used. my comments for EPA? disclosed except in accordance with e. If you estimate potential costs or procedures set forth in 40 CFR part 2. burdens, explain how you arrived at 1. Submitting CBI. Do not submit If you have any questions about CBI your estimate in sufficient detail to information that you consider to be CBI allow for it to be reproduced. electronically through or the procedures for claiming CBI, www.regulations.gov or e-mail. Send or please consult either of the persons f. Provide specific examples to deliver information identified as CBI to identified in the FOR FURTHER illustrate your concerns, and suggest only the following address: Mr. Roberto INFORMATION CONTACT section. alternatives. Morales, c/o OAQPS Document Control 2. Tips for Preparing Your Comments. g. Explain your views as clearly as Officer (Mail Drop C404–02), U.S. EPA, When submitting comments, remember possible, avoiding the use of profanity Research Triangle Park, NC 27711, to: or personal threats.

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h. Make sure to submit your As discussed in section VII.E of this C. What impact does the EPA’s granting comments by the comment period preamble, Indian Tribes may, but are of a request for reconsideration have on deadline identified. not required to, submit Tribal plans to this Federal plan? Docket. The docket number for the cover OSWI units in Indian country. A On February 14, 2006, subsequent to proposed Federal plan (40 CFR part 620, Tribe may submit to the Administrator EPA’s promulgation of the final rule subpart KKK) is Docket ID No. EPA– a letter of negative declaration certifying HQ–OAR–2005–0364. establishing the New Source that no OSWI units are located in the Performance Standards (NSPS) and the Worldwide Web (WWW). In addition Tribal area. No plan is required for to being available in the docket, an Emission Guidelines (EG) for OSWI Tribes that do not have any OSWI units. electronic copy of the proposed rules is units, the Sierra Club filed a petition for OSWI units located in States or Tribal available on the WWW through the reconsideration, pursuant to section areas that mistakenly submit a letter of 1 Technology Transfer Network Website 307(d)(7)(B) of the CAA. On June 28, (TTN Web). Following signature, EPA negative declaration would be subject to 2006 (71 FR 36726–36730), EPA granted will post a copy of the proposed rules the Federal plan until a State or Tribal reconsideration of one issue raised by on the TTN’s policy and guidance page plan becomes approved and effective the Sierra Club. In granting for newly proposed or promulgated covering those OSWI units. reconsideration on this issue, EPA rules at http://www.epa.gov/ttn/oarpg. This action proposes a Federal plan agreed to undertake further notice and The TTN provides information and for OSWI units that are not covered by comment proceedings related to technology exchange in various areas of an approved State or Tribal plan as of whether sewage sludge incinerators air pollution control. December 16, 2006. Sections 111 and should be regulated under CAA section 129.2 EPA’s granting reconsideration on II. Background Information 129 of the CAA and 40 CFR 60.27(c) and (d) require EPA to develop, implement, an issue does not stay, vacate or otherwise influence the effective date of A. What is the regulatory development and enforce a Federal plan to cover the OSWI regulations. Specifically, CAA background for this proposed rule? existing OSWI units located in States section 307(d)(7)(B) provides that Section 129 of the CAA requires EPA that do not have an approved plan ‘‘reconsideration shall not postpone the to develop emission guidelines for, within two years after promulgation of effectiveness of the rule,’’ except that among other things, unspecified ‘‘other the emission guidelines (by December ‘‘the effectiveness of the rule may be categories of solid waste incineration 16, 2007, for OSWI units). The EPA is stayed during such reconsideration units’’, herein referenced as OSWI units. proposing this Federal plan now so that * * * by the Administrator or the court The EPA proposed emission guidelines a promulgated Federal plan will be in for a period not to exceed three for OSWI units on December 9, 2004, place at the earliest possible date, thus months.’’ In this case, neither EPA nor and promulgated them on December 16, ensuring timely implementation and the court stayed the effectiveness of the 2005 (70 FR 74870), to be codified at 40 enforcement of the OSWI emission final OSWI regulations in connection CFR part 60, subpart FFFF. In writing guidelines. In addition, EPA’s timing with the reconsideration petition. Section 129 of the CAA, Congress allows a State or Tribe the opportunity Because the existing OSWI regulations looked first to the States as the preferred to take delegation of the Federal plan in remain in effect, EPA’s obligation under implementers of emission guidelines for lieu of writing a State plan. CAA section 129(b)(3) to promulgate a existing OSWI units. To make these Federal Plan (to implement those emission guidelines enforceable, States B. What associated regulatory activity regulations for existing units that are not with existing OSWI units must have preceded this proposed rule? covered by an approved and effective submitted to EPA within one year State plan) remains unchanged.3 following promulgation of the emission Regulations have been developed for Therefore, EPA is complying with its guidelines (by December 16, 2006) State each of the listed categories of solid statutory obligations by issuing today’s plans that implement and enforce the waste incineration unit except for the proposed Federal Plan for OSWI units. emission guidelines. For States or Tribes ‘‘other categories of solid waste that do not have an EPA-approved and incineration units.’’ This notice If, after reconsidering any issues effective plan, EPA must develop and proposes regulations for these ‘‘other’’ raised in the petition for implement a Federal plan within two (or OSWI) units. Several previous reconsideration, EPA revises the OSWI years following promulgation of the notices have been published regarding rules, EPA plans to make corresponding emission guidelines (by December 16, OSWI regulatory development (58 FR changes to the final Federal Plan. Thus, by this notice, we are informing the 2007). The EPA sees the Federal plan as 31358, June 2, 1993; 58 FR 58498, public that EPA is reconsidering this an interim measure to ensure that November 2, 1993; 65 FR 67367, same issue (e.g., involving sewage congressionally mandated emission November 9, 2000). In the November 9, standards are implemented until States sludge incinerators) as it pertains to the 2000 notice, EPA revised the OSWI OSWI Federal Plan as well, and if the assume their role as the preferred regulatory schedule to promulgate implementers of the emissions Federal Plan is finalized after EPA final regulations by November 2005. This was action on reconsideration, it too will guidelines. Thus, the EPA encourages subsequently incorporated into a States to either use the Federal plan as reflect EPA’s final decision on the issue. consent decree, requiring that EPA a template to reduce the effort needed propose regulations for the OSWI source 1 to develop their own plans or to simply The Sierra Club also filed a petition for review category by November 30, 2004, and in the D.C. Circuit, challenging the final OSWI rule. take delegation to directly implement promulgate by November 30, 2005. We Sierra Club v. EPA, No. 06–1066 (D.C. Cir.). That and enforce the guidelines. States case is being held in abeyance while EPA without any existing OSWI units are proposed regulations on December 9, undertakes its reconsideration proceeding. required to submit to the Administrator 2004. On December 16, 2005, we 2 EPA will respond to other issues raised in the a letter of negative declaration certifying promulgated EG for OSWI constructed petition for reconsideration no later than when it takes final action on the sewage sludge issue, which that there are no OSWI units in the on or before December 9, 2004 (70 FR 74870), which are to be implemented EPA expects to be no later than January 2007. State. No plan is required for States that 3 Similarly, the obligations of States and sources do not have any OSWI units. via today’s proposed rulemaking. are unaffected by EPA’s reconsidering one issue.

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III. Affected Facilities began reconstruction or modification of or Tribe submits a plan after your OSWI unit prior to June 16, 2006, promulgation of the OSWI Federal plan A. What is an OSWI unit? it is considered an existing OSWI unit final rule, EPA will review and approve The term OSWI unit means either a and could be subject to the Federal plan. or disapprove the State or Tribal plan. very small municipal waste combustion Likewise, if you began reconstruction or If EPA approves a plan, then the Federal unit or an institutional waste modification of your OSWI unit on or plan would no longer apply to OSWI incineration unit, as defined in after June 16, 2006, it is considered a units covered by the State or Tribal plan proposed 40 CFR part 62, subpart KKK. new OSWI unit and is subject to the as of the effective date of the State or Seventeen types of combustion units, NSPS. Tribal plan. If an OSWI unit were which are listed in CAA section Your existing OSWI unit would be overlooked by a State or Tribe and the 62.15845 of proposed subpart KKK are subject to this Federal plan if on the State or Tribe submitted a negative conditionally exempt from specific effective date of the Federal plan, EPA declaration letter, or if an individual provisions of the proposed Federal plan. has not approved a State or Tribal Plan OSWI unit were not covered by an that covers your unit, or the EPA- approved and effective State or Tribal B. Does the Federal plan apply to me? approved State or Tribal plan has not plan, the OSWI unit would be subject to The proposed Federal plan will apply become effective. The specific this Federal plan. to you if you are the owner or operator applicability of this plan is described in C. How do I determine if my OSWI unit of an OSWI unit, including any OSWI CAA sections 62.15460 through is covered by an approved and effective air curtain incinerator (ACI), not 62.15500 of proposed subpart KKK. State or Tribal plan? covered by an approved and effective Once an approved State or Tribal plan State or Tribal plan as of the date of is in effect, the Federal plan will no Part 62 of Title 40 of the Code of promulgation of the Federal plan. The longer apply to an OSWI unit covered Federal Regulations identifies the Federal plan proposed herein would by such plan. An approved State or approval and promulgation of sections cover your OSWI unit until EPA should Tribal plan is a plan developed by a 111(d) and section 129 State or Tribal approve a State or Tribal plan that State or Tribe that EPA has reviewed plans for designated facilities in each would cover your OSWI unit and that and approved based on the State or area of Indian Country. plan should become effective. requirements in 40 CFR part 60, subpart However, 40 CFR part 62 is updated If you began the construction of your B to implement and enforce 40 CFR part once per year. Thus, if 40 CFR part 62 OSWI unit on or before December 9, 60, subpart DDDD. The State or Tribal does not indicate that your State or 2004, it is considered an existing OSWI plan is effective on the date specified in Tribal area has an approved and unit and could be subject to the Federal the notice published in the Federal effective plan, you should contact your plan. If you began the construction of Register announcing EPA’s approval of State environmental agency’s air your OSWI unit after December 9, 2004, the plan. director or your EPA Regional Office to it is considered a new OSWI unit and The EPA’s promulgation of an OSWI determine if approval occurred since is subject to the new source Federal plan will not preclude States or publication of the most recent version of performance standards (NSPS). If you Tribes from submitting a plan. If a State 40 CFR part 62.

EPA REGIONAL CONTACTS FOR OSWI

Region Contact Phone/fax States and protectors

I ...... EPA New England, Director, Air Compliance Pro- 617–918–1650, 617–918–1505 (fax) CT, ME, MA, NH, RI, VT. gram, 1 Congress Street, Suite 1100 (SEA), Boston, MA 02114–2023. II ...... U.S. EPA Region 2, Air Compliance Branch, 290 212–637–4080, 212–637–3998 (fax) NJ, NY, Puerto Rico, Virgin Islands. Broadway, New York, NY 10007. III ...... U.S. EPA Region 3, Chief, Air Enforcement 215–814–3438, 215–814–2134 (fax) DE, DC, MD, PA, VA, WV. Branch (3AP12), 1650 Arch Street, Philadel- phia, PA 19103–2029. IV ...... U.S. EPA Region 4, Air and Radiation Tech- 404–562–9105, 404–562–9095 (fax) AL, FL, GA, KY, MS, NC, SC, TN. nology Branch, Atlanta Federal Center, 61 Forsyth Street, Atlanta, GA 30303–3104. V ...... U.S. EPA Region 5, Air Enforcement and Compli- 312–353–2088, 312–353–2018 (fax) IL, IN, MN, OH, WI. ance Assurance Branch (AR–18J), 77 West Jackson Boulevard, Chicago, IL 60604–3590. VI ...... U.S. EPA Region 6, Chief, Toxics Enforcement 214–665–7224, 214–665–7446 (fax) AR, LA, NM, OK, TX. Section (6EN–AT), 1445 Ross Avenue, Dallas, TX 75202–2733. VII ...... U.S. EPA Region 7, Air Permitting and Compli- 913–551–7020, 913–551–7844 (fax) IA, KS, MO, NE. ance Branch (ARTD/APCO–2119F), 901 N. 5th Street, Kansas City, KS 66101. VIII ...... U.S. EPA Region 8, Air and Radiation Program 303–312–6526, 303–312–6064 (fax) CO, MT, ND, SD, UT, WY. Air Technical Assistance Unit (Mail Code 8P— AR), 999 18th Street, Suite 200, Denver, CO 80202. IX ...... U.S. EPA Region 9, Air Division, 75 Hawthorne 415–947–4200, 415–744–1076 (fax) AZ, CA, HI, NV, American Samoa, Street, San Francisco, CA 94105. Guam. X ...... U.S. EPA Region 10, Office of Air Quality, 1200 206–553–1602, 206–553–0110 (fax) AK, ID, OR, WA. Sixth Avenue, Seattle, WA 98101.

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IV. Elements of the OSWI Federal Plan authority and mechanisms for public hearing, and (10) progress Because EPA is proposing a Federal implementation, (2) inventory of OSWI reporting. See 40 CFR part 60 subparts plan to cover OSWI units located in units, (3) emissions inventory, (4) B and C and sections 111 and 129 of the States and areas of Indian Country emission limitations, (5) compliance CAA. Each plan element is described where plans are not in effect, EPA has schedules, (6) waste management plan, below as it relates to this proposed elected to include in this proposal the (7) testing, monitoring, inspection, OSWI Federal plan. The table below same elements as are required for State reporting, and recordkeeping, (8) lists each element and identifies where plans: (1) Identification of legal operator training and qualification, (9) it is located or codified.

ELEMENTS OF THE OSWI FEDERAL PLAN

Legal authority and enforcement mechanism ...... Sections 129(b)(3) 111(d), 301(a), and 301(d)(4) of the CAA. Inventory of Affected MWC Units ...... Docket EPA–HQ–OAR–2003–0156. Inventory of Emissions ...... Docket EPA–HQ–OAR–2003–0156. Emission Limits ...... 40 CFR 62.15575–62.15605. Compliance Schedules ...... 40 CFR 62.15505–62.15515. Operator Training and Qualification ...... 40 CFR 62.15535–62.15570. Waste Management Plan ...... 40 CFR 62.15520–62.15530. Record of Public Hearings ...... Docket EPA–HQ–OAR–2003–0156. Testing, Monitoring, Recordkeeping, and Reporting...... 40 CFR 62.15610, 40 CFR 15665–62.15710, 40 CFR 62.15715– 62.15780. Progress Reports ...... Section IV.J. of this preamble.

A. Legal Authority and Enforcement Indian country not covered by an subject to the emission guidelines. (See Mechanism approved plan. As discussed in section 40 CFR 60.25(a).) The pollutants to be VII of this document, implementation inventoried are dioxins/furans, 1. EPA’s Legal Authority in States and enforcement of the Federal plan cadmium (Cd), lead (Pb), mercury (Hg), Section 301(a) of the CAA provides may be delegated to eligible Tribal, particulate matter (PM), hydrogen EPA with broad authority to write State, or local agencies when requested chloride (HCl), oxides of nitrogen regulations that carry out the functions by a State, eligible Tribal, or local (NOX), carbon monoxide (CO), and of the CAA. Sections 111(d) and agency, and when EPA determines that sulfur dioxide (SO2). For this proposal, 129(b)(3) of the CAA direct EPA to such delegation is appropriate. EPA has estimated the emissions from develop a Federal plan for States that do each known OSWI unit that potentially B. Inventory of Affected OSWI Units not submit approvable State plans. may be covered by the Federal plan for Sections 111 and 129 of the CAA The proposed Federal plan includes the nine pollutants regulated by the provide EPA with the authority to an inventory of OSWI units affected by Federal plan. implement and enforce the Federal plan the emission guidelines. (See 40 CFR The emissions inventory is based on in cases where the State fails to submit part 60.25(a).) Docket No. EPA–HQ– available information about the OSWI a satisfactory State plan. CAA Section OAR–2003–0156 contains an inventory units, emission factors, and typical 129(b)(3) requires EPA to develop, of the OSWI units that may potentially emission rates developed for calculating implement, and enforce a Federal plan be covered by this proposed Federal nationwide air impacts of the OSWI within 2 years after the date the relevant plan in the absence of State or Tribal emission guidelines and the Federal emission guidelines are promulgated (by plans. This inventory contains 248 plan. Refer to the inventory December 16, 2007). Compliance with OSWI units in 26 States. It is based on memorandum in Docket No. EPA–HQ– the emission guidelines cannot be later information collected from State and OAR–2003–0156 for the complete than 5 years after the relevant emission Federal databases, information emissions inventory and details on the guidelines are promulgated (by collection request survey responses, and emissions calculations. December 16, 2010 for OSWI units). stakeholder meetings during the development of the OSWI emission D. Emission Limitations 2. EPA’s Legal Authority in Indian guidelines. The EPA recognizes that this The proposed Federal plan includes Country list may not be complete. Therefore, emission limitations. (See 40 CFR Section 301 of the CAA provides EPA sources potentially subject to this 60.24(a).) Section 129(b)(2) of the CAA with the authority to administer Federal Federal plan may include, but are not requires these emission limitations to be programs in Indian country. See CAA limited to, the OSWI units listed in the ‘‘at least as protective as’’ those in the sections 301 (a) and (d). Section inventory memorandum in Docket No. emission guidelines. The emission 301(d)(4) of the CAA authorizes the EPA–HQ–OAR–2003–0156. Any OSWI limitations in this proposed OSWI Administrator to directly administer unit that meets the applicability criteria Federal plan are the same as those provisions of the CAA where Tribal in the Federal plan rule is subject to the contained in the EG. Section V of this implementation of those provisions is Federal plan, regardless of whether it is preamble discusses the emission not appropriate or administratively not listed in the inventory. States, Tribes, or limitations and operating limits. The EG feasible. See section VII.E of this individuals are invited to identify promulgated December 16, 2005, had a preamble for a more detailed discussion additional sources for inclusion to the technical error which is being corrected of EPA’s authority to administer the list during the comment period for this through a technical amendment. Due to OSWI Federal plan in Indian country. proposal. the uncertainty of the publication date The EPA is proposing this Federal for the amendment, the technical error regulation under the legal authority of C. Inventory of Emissions will not appear in the proposal of this the CAA to implement the emission The proposed Federal plan includes Federal plan. The correct opacity guidelines in those States and areas of an emissions estimate for OSWI units measurement averaging time appears in

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this proposal. This possible discrepancy initial performance test. This date is 240 additional data as necessary to update between the EG and Federal Plan is in days after the final compliance date. previously submitted source and Table 2 of the rule in the EG and Table emission information; and (6) copies of G. Testing, Monitoring, Recordkeeping, 1 of the rule in the Federal Plan. technical reports on any performance and Reporting testing and monitoring. E. Compliance Schedules The proposed Federal plan includes V. Summary of OSWI Federal Plan Typically, State or Federal plans testing, monitoring, recordkeeping, and include increments of progress for units reporting requirements. (See 40 CFR A. Might the proposed rules apply to that need more than one year from State part 60.25).) Testing, monitoring, me? recordkeeping, and reporting plan approval to comply, or in the case The proposed OSWI Federal rules requirements are consistent with 40 CFR of the Federal plan, more than one year could apply to you if you own or part 60 subpart FFFF, and assure initial after promulgation of the final Federal operate either of the following at a and ongoing compliance. plan. (See 40 CFR part 60.24(e)(1).) The location not subject to an approved purpose of increments of progress is to H. Operator Training and Qualification State or Tribal plan: ensure that each affected unit needing Requirements (1) An incineration unit with a more time to comply is making progress capacity less than 35 tpd burning toward meeting the emission limits. The owner or operator must qualify operators or their supervisors (at least municipal solid waste (MSW) (as Section 129(f) of the CAA specifies one per facility) by ensuring that they defined in CAA sections 129 and the dates by which affected facilities complete an operator training course 62.15850 of 40 CFR part 62 subpart must comply with EG. Existing units and annual review or refresher course. KKK); or must be in compliance with the CAA sections 62.15535 through (2) An incineration unit located at an guidelines as expeditiously as 62.15570 of the proposed subpart KKK institutional facility burning practicable after approval of a State contain the operator training and institutional waste (as defined in CAA plan, but no later than three years after qualification requirements. section 62.15850 of 40 CFR part 62 the effective date of State plan approval subpart KKK) generated at that facility. or five years after promulgation of the I. Record of Public Hearings Requirements for air curtain guidelines, whichever is earlier. To The proposed Federal plan provides incineration units that would otherwise proceed in an expeditious manner, we opportunity for public participation in be VSMWC or IWI units, but for the fact are proposing to implement the EG adopting the plan. (See 40 CFR part that they burn certain materials, are within that same time frame. 60.23(c).) If requested to do so, EPA will discussed later in this preamble. If your For the EG, we are incorporating the hold a public hearing in Research incineration unit is currently meeting full compliance time allowed by CAA Triangle Park, NC. A record of the emission limitations and other section and to include final compliance public hearing, if any, will appear in requirements of another CAA section as the sole increment of progress. The Docket No. EPA–HQ–OAR–2006–0364. 129 regulation (i.e., small or large OSWI units are small and are located at If a public hearing is requested and municipal waste combustion (MWC) small municipalities and institutions held, EPA will ask clarifying questions units; hospital, medical, infectious that do not always have full-time during the oral presentation but will not waste incineration (HMIWI) units; or environmental staff. They will need respond to the presentations or commercial and industrial solid waste time to investigate the regulatory, comments. Written statements and incineration (CISWI) units), the technical, cost, financing, and economic supporting information submitted proposed OSWI rules would not apply implications of control techniques and during the public comment period will to you. Likewise, if an institutional alternative waste disposal options be considered with equivalent weight as combustion unit is covered under the available to their facility. The EPA any oral statement and supporting CAA section 112 national emission wants to allow sufficient time for information subsequently presented at a standards for hazardous air pollutants owners and operators of OSWI units to public hearing, if held. (NESHAP) for industrial, commercial, investigate, plan, and carry out activities and institutional boilers and process for compliance or, as expected in most J. Progress Reports heaters (boilers NESHAP), it would not cases, a closure of their waste Under the Federal plan, the EPA be subject to the proposed OSWI rules. combustion units and an orderly Regional Offices will prepare annual Certain types of combustion units listed transition to the use of alternative waste progress reports to show progress of in CAA section 62.15485 of 40 CFR part disposal methods. Our compliance OSWI units in the Region toward 62 subpart KKK also would be excluded schedule was developed to allow small implementation of the emission from the final OSWI rules. sources maximum flexibility in guidelines. (See 40 CFR 60.25(e).) States If you began construction of your accomplishing final compliance by a or Tribes that have been delegated the incineration unit on or before December date 3 years after publication of a final authority to implement and enforce this 9, 2004, it is considered an existing unit rule for the Federal plan. Federal plan would also be required to and would be subject to the proposed Federal plan. If you began construction F. Waste Management Plan submit annual progress reports to the of your incineration unit after December Requirements appropriate EPA Regional Office. Each progress report must include the 9, 2004, it is considered a new unit and A waste management plan is a written following items: (1) Status of is subject to the NSPS (40 CFR part 60, plan that identifies both the feasibility enforcement actions; (2) status of subpart EEEE). If you began and the methods used to reduce or increments of progress; (3) identification reconstruction or modification of your separate certain components of solid of sources that have shut down or incineration unit prior to June 16, 2006, waste from the waste stream to reduce started operation; (4) emission inventory it would be considered an existing unit or eliminate toxic emissions from data for sources that were not in and subject to the Federal plan. incinerated waste. The waste operation at the time of plan Likewise, if you begin reconstruction or management plan must be submitted no development, but that began operation modification of your incineration unit later than the date sixty days after the during the reporting period; (5) on or after June 16, 2006, it is

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considered a new unit and is subject to B. What emission limitations would required to meet the proposed emission the NSPS. apply? limitations as specified in the table below. See CAA section V.F of this As the owner or operator of an preamble for a discussion of the existing OSWI unit, you would be compliance schedule.

EMISSION LIMITS FOR EXISTING OSWI UNITS

You must meet And determine For these pollutants these emission compliance using limits a these methods bc

Cd ...... 18 micrograms per dry standard cubic meter (µg/dscm) EPA Method 29. CO ...... 40.0 parts per million dry volume (ppmdv) ...... EPA Methods 10, 10A or 10B. Dioxins/Furans (total mass basis) ...... 33 nanograms per dry standard cubic meter (ng/dscm) EPA Method 23. HCl ...... 15.0 ppmdv ...... EPA Method 26A. Pb ...... 226 µg/dscm ...... EPA Method 29. Hg ...... 74 µg/dscm ...... EPA Method 29. Opacity ...... 10% ...... EPA Method 9. d NOX ...... 103 ppmdv ...... EPA Methods 7, 7A, 7C, 7D, or 7E. PM ...... 0.013 grains per dry standard cubic foot (gr/dscf) ...... EPA Method 5 or 29. e SO2 ...... 3.1 ppmdv ...... EPA Method 6 or 6C . a All emission limits (except opacity) are measured at 7 percent oxygen, dry basis at standard conditions. b These methods are in 40 CFR part 60, appendix A. c Compliance with the CO emission limit is determined on a 12-hour rolling average basis using continuous emission monitoring system data. Compliance for the other pollutants’ emission limits is determined by stack testing. d ASME PTC 19–10–1981—Part 10 is an acceptable alternative to only Methods 7 and 7C. e ASME PTC 19–10–1981—Part 10 is an acceptable alternative to only Method 6.

C. What operating limits would apply? indicated in Table 1 of this preamble. required to operate the wet scrubber so If you use a wet scrubber to comply You would then be required to operate that the pressure drop or amperage, with the emission limits, you would be the OSWI unit so that the charge rate scrubber liquor flow rate, and scrubber required to establish the maximum and does not exceed the established liquor pH do not fall below the minimum site-specific operating limits maximum charge rate. You would be minimum established operating limits.

TABLE 1.—OPERATING LIMITS FOR EXISTING OSWI UNITS USING WET SCRUBBERS

And monitor continuously For these operating parameters You must establish these operating limits using these recording times

Charge rate ...... Maximum charge rate ...... Every hour. Pressure drop across the wet scrubber, or am- Minimum pressure drop or amperage ...... Every 15 minutes. perage to the wet scrubber. Scrubber liquor flow rate ...... Minimum flow rate ...... Every 15 minutes. Scrubber liquor pH ...... Minimum pH ...... Every 15 minutes.

Note: Compliance is determined on a 3- • 100 percent clean lumber; E. What other requirements would hour rolling average basis, except charge rate • apply? for batch incinerators, which is determined 100 percent yard waste; or on a 24-hour basis. • 100 percent mixture of only wood As the owner or operator of an OSWI unit, you would be required to meet the If you use an air pollution control waste, clean lumber, and/or yard waste. following additional requirements. device other than a wet scrubber to The opacity limit is 10 percent. comply with the emission limits, you Waste Management Plan: However, 35 percent opacity is allowed • Submit a written plan that would be required to petition the EPA during startup periods that are within for approval of other site-specific identifies both the feasibility and the the first 30 minutes of operation. Air methods used to reduce or separate operating limits to be established during curtain incinerators burning only these the initial performance test and certain components of solid waste from materials must meet the opacity limits the waste stream to reduce or eliminate continuously monitored thereafter. The and certain monitoring, recordkeeping, information you must include in your toxic emissions from incinerated waste. and reporting requirements, and must Operator Training and Qualification petition is described in 40 CFR 62.15595 apply for and obtain a title V operating of proposed subpart KKK. Requirements: permit. • Qualify operators or their D. What would be the requirements for Air curtain incinerators burning other supervisors (at least one per facility) by OSWI air curtain incinerators? institutional waste or municipal waste ensuring that they complete an operator The final OSWI rules establish must meet the requirements of the final training course and annual review or opacity limitations for air curtain OSWI rules including all emission refresher course. incineration units that would otherwise limits in table 1 of this preamble and the Testing Requirements: meet the definitions of IWI or VSMWC associated testing, permitting, • Conduct initial performance tests units, but burn only: monitoring, recordkeeping, and for Cd, CO, dioxins/furans, HCl, Pb, Hg, • 100 percent wood wastes; reporting requirements. NOX, opacity, PM, and SO2 and

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establish operating limits (i.e., pollution control equipment will OSWI owner or operator may do the maximum or minimum values for operate as designed. following to render an OSWI unit operating parameters). inoperable: (1) Weld the waste charge G. How did EPA determine the • Conduct annual performance tests door shut, (2) remove stack (and by-pass compliance schedule? for all nine pollutants and opacity. (An stack, if applicable), (3) remove owner or operator may conduct less Section 129(f) of the CAA specifies combustion air blowers, or (4) remove frequent testing if the facility the dates by which affected facilities burners or fuel supply appurtenances. demonstrates that it is in compliance must comply with the EG. Existing units C. OSWI Units That Have Shut Down with the emission limits for three must be in compliance with the consecutive performance tests). guidelines as expeditiously as OSWI units that are known to have Monitoring Requirements: practicable after approval of a State already shut down (but are not known • Continuously monitor CO plan, but no later than three years after to be inoperable) are included in the emissions. the effective date of State plan approval source inventory for the proposed • If using a wet scrubber to comply or five years after promulgation of the Federal plan and will be identified in with the emission limits, continuously guidelines, whichever is earlier. any State or Tribal plan submitted to monitor the following operating EPA chose to include the full EPA. parameters: charge rate, pressure drop compliance time allowed by CAA 1. Restarting Before the Final across the wet scrubber (or amperage), section 129 in the EG and proposes to Compliance Date and scrubber liquid flow rate and pH. do the same in the proposed Federal • If using something other than a wet plan for OSWI units. The OSWI units If the owner or operator of an inactive scrubber to comply with the emission are small and are located at small incineration unit plans to restart before the final compliance date, the owner or limits, monitor other operating municipalities and institutions that do operator must meet any requirements parameters, as approved by the EPA. not always have full-time environmental for operator training or obtaining title V Recordkeeping and Reporting staff. They will need time to investigate operating permits that apply to units Requirements: the regulatory, technical, cost, • planning to meet the final compliance Maintain for 5 years records of the financing, and economic implications of date. initial performance tests and all control techniques and alternative waste subsequent performance tests, operating disposal options available to their 2. Restarting After the Final Compliance parameters, any maintenance, the siting facility. The EPA wants to allow Date analysis (for new units only), and sufficient time for owners and operators operator training and qualification. Each Before restarting, such OSWI units of OSWI units to investigate, plan, and would have to complete the operator record must be kept on site for at least carry out activities for compliance or, as 2 years. The records may be kept off site training and qualification requirements expected in most cases, a closure of and inspection requirements (if for the remaining 3 years. their waste combustion units and an • Submit the results of the initial applicable) and complete retrofit or orderly transition to the use of process modifications. Performance performance tests and all subsequent alternative waste disposal methods. performance tests and values for the testing to demonstrate compliance operating parameters. VI. OSWI That Have or Will Shut Down would be required within 30 days after • Submit annual compliance reports restarting. An incineration unit that A. Units That Plan To Close Rather operates out of compliance after the and semiannual reports of any Than Comply deviations from the emission limits, final compliance date would be in operating limits, or other requirements. If you plan to permanently close your violation of the Federal plan and subject • Apply for and obtain a title V currently operating incineration unit, to enforcement action. operating permit. you must do so by the date three years VII. Implementation of the Federal Plan after publication of the final rule for this and Delegation F. What is the proposed compliance Federal plan in the Federal Register. If schedule? you close your OSWI unit after the date A. Background of Authority Each incineration unit will be one year after publication of the final Under sections 111(d) and 129(b) of required to reach final compliance by rule in the Federal Register, but before the CAA, EPA is required to adopt the date 3 years after publication of the the date three years after publication of emission guidelines that are applicable final rule in the Federal Register. In the final rule in the Federal Register, to existing solid waste incineration addition, the owner or operator will then you must comply with the operator sources. These emission guidelines are need to comply with the operator training and qualification requirements enforceable once EPA approves a State training and qualification requirements by the date one year after publication of or Tribal plan or adopts a Federal plan and inspection requirements by the date the final rule in the Federal Register. In that implements and enforces them, and 1 year after publication of the final rule addition, while still in operation, you the State, Tribal, or Federal plan has in the Federal Register, regardless of are subject to the same requirements for become effective. As discussed above, when the OSWI unit reaches final title V operating permits that apply to the Federal plan regulates OSWI units compliance. units that will not shut down. in a State or Tribal area that does not To achieve final compliance, the have an EPA-approved plan currently in B. Inoperable Units owner or operator of each OSWI unit effect. must incorporate all process changes or In cases where an OSWI unit has Congress has determined that the complete retrofit construction in already shut down, has been rendered primary responsibility for air pollution accordance with the final control plan. inoperable, and does not intend to prevention and control rests with State The owner or operator must connect the restart, the OSWI unit may be left off the and local agencies. See section 101(a)(3) air pollution control equipment or source inventory in a State, Tribal, or of the CAA. Consistent with that overall process changes such that when the this Federal plan. An OSWI unit that determination, Congress established OSWI unit is brought on line all has been rendered inoperable would not sections 111 and 129 of the CAA with necessary process changes or air be covered by the Federal plan. The the intent that the States and local

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agencies take the primary responsibility legal and enforcement authority to 1. Federal Plan Becomes Effective Prior for ensuring that the emission administer and enforce the program. A to Approval of a State or Tribal Plan limitations and other requirements in memorandum of agreement between the After OSWI units in a State or Tribal the emission guidelines are achieved. State or Tribe and EPA would set forth area become subject to the Federal plan, Also, in section 111(d) of the CAA, the terms and conditions of the the State or Tribal agency may still Congress explicitly required that EPA delegation, the effective date of the adopt and submit a plan to EPA. If EPA establish procedures that are similar to agreement, and would also serve as the determines that the State or Tribal plan those under section 110(c) for State mechanism to transfer authority. Upon is as protective as the emission Implementation Plans. Although signature of the agreement, the guidelines, EPA will approve the State Congress required EPA to propose and appropriate EPA Regional Office would or Tribal plan. If EPA determines that promulgate a Federal plan for States that publish an approval notice in the the plan is not as protective as the fail to submit approvable State plans on Federal Register; thereby incorporating emission guidelines, EPA will time, States and Tribes may submit the delegation of authority into the disapprove the plan and the OSWI units approvable plans after promulgation of appropriate subpart of 40 CFR part 62. covered in the State or Tribal plan the OSWI Federal plan. The EPA would remain subject to the Federal strongly encourages States that are If authority is not delegated to a State plan until a State or Tribal plan unable to submit approvable plans to or Indian Tribe, EPA will implement the covering those OSWI units is approved request delegation of the Federal plan so Federal plan. Also, if a State or Tribe and effective. that they can have primary fails to properly implement a delegated Upon the effective date of an responsibility for implementing the portion of the Federal plan, EPA will approved State or Tribal plan, the emission guidelines, consistent with the assume direct implementation and Federal plan would no longer apply to intent of Congress. enforcement of that portion. The EPA Approved and effective State plans or will continue to hold enforcement OSWI units covered by such a plan, and delegation of the Federal plan is EPA’s authority along with the State or Tribe the State or Tribal agency would preferred outcome since EPA believes even when a State or Tribe has received implement and enforce the State or that State and local agencies not only delegation of the Federal plan. In all Tribal plan in lieu of the Federal plan. have the responsibility to carry out the cases where the Federal plan is When an EPA Regional Office approves emission guidelines, but also have the delegated, EPA will retain and will not a State or Tribal plan, it will amend the practical knowledge and enforcement transfer authority to a State or Tribe to appropriate subpart of 40 CFR part 62 to resources critical to achieving the approve the following items: indicate such approval. highest rate of compliance. For these The following authorities are 2. State or Tribe Takes Delegation of the reasons, EPA will do all that it can to withheld by the EPA Administrator and Federal Plan expedite delegation of the Federal plan not transferred to the State or Tribe: to State and local agencies, whenever EPA, in its discretion, may delegate to possible. (1) Approval of alternatives to the State or eligible Tribal agencies the EPA also believes that Indian Tribes emission limitations in Table 1 of the authority to implement this Federal should be the primary parties proposed rule and operating limits plan. As discussed above, EPA believes responsible for regulating air quality established under 40 CFR 62.15585 and that it is advantageous and the best use within Indian country, if they desire to Table 2 of the proposed rule. of resources for State or Tribal agencies do so. See EPA’s Indian Policy (‘‘Policy (2) Approval of petitions for specific to agree to undertake, on EPA’s behalf, for Administration of Environmental operating limits in 40 CFR 62.15595 the the administrative and substantive roles Programs on Indian Reservations,’’ proposed rule. in implementing the Federal plan to the signed by William D. Ruckelshaus, extent appropriate and where (3) Approval of major alternatives to Administrator of EPA, dated November authorized by State or Tribal law. If a test methods. 4, 1984), reaffirmed in a 2001 State requests delegation, EPA will memorandum (‘‘EPA Indian Policy,’’ (4) Approval of major alternatives to generally delegate the entire Federal signed by Christine Todd Whitman, monitoring. plan to the State agency. These Administrator of EPA, dated July 11, (5) Approval of major alternatives to functions include administration and 2001). recordkeeping and reporting. oversight of compliance reporting and recordkeeping requirements, OSWI B. Delegation of the Federal Plan and (6) The status report requirements in inspections, and preparation of draft Retained Authorities 40 CFR 62.15570(c)(2) the proposed notices of violation, but will not include If a State or Indian Tribe intends to rule. any retained authorities. take delegation of the Federal plan, the C. Mechanisms for Transferring EPA also believes that it is the best State or Indian Tribe must submit to the Authority use of resources for Tribal agencies to appropriate EPA Regional Office a undertake a role in the implementation written request for delegation of There are two mechanisms for of the Federal plan. The Tribal authority. The State or Indian Tribe transferring implementation authority to Authority Rule issued on February 12, must explain how it meets the criteria State or Tribal agencies: (1) EPA 1998 (63 FR 7254), provides Tribes the for delegation. See generally ‘‘Good approval of a State or Tribal plan after opportunity to develop and implement Practices Manual for Delegation of NSPS the Federal plan is in effect; and (2) if Clean Air Act programs. However, due and NESHAP’’ (EPA, February 1983). In a State or Tribe does not submit or to resource constraints and other factors order to obtain delegation, an Indian obtain approval of its own plan, EPA unique to Tribal governments, it leaves Tribe must also establish its eligibility delegation to a State or Tribe of the to the discretion of the Tribe whether to to be treated in the same manner as a authority to implement certain portions develop these programs and which State. The letter requesting delegation of of this Federal plan to the extent elements of the program they will adopt. authority to implement the Federal plan appropriate and if allowed by State or Consistent with the approach of the must demonstrate that the State or Tribe Tribal law. Both of these options are Tribal Authority Rule, EPA may choose has adequate resources, as well as the described in more detail below. to delegate a partial Federal plan (i.e., to

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delegate authority for some functions 1. Tribal Implementation 3. Applicability in Indian Country needed to carry out the plan) in Section 301(d) of the CAA authorizes The Federal plan would apply appropriate circumstances and where the Administrator to treat an Indian throughout Indian country except where consistent with Tribal law. tribe as a State under certain an EPA-approved plan already covers an Both States and Tribal agencies, that circumstances. The Tribal Authority area of Indian country. This approach is have taken delegation, as well as EPA, Rule, which implements section 301(d) consistent with EPA’s implementation will have responsibility for bringing of the CAA, identifies provisions of the of the Federal Operating Permits enforcement actions against sources CAA for which it is appropriate to treat program in Indian country (see 64 FR violating Federal plan provisions. a Tribe as a State. (See 40 CFR part 49.3 8247 (February 19, 1999).) and 49.4.) Under the Tribal Authority However, EPA recognizes that Tribes VIII. Title V Operating Permits have limited criminal enforcement Rule, a Tribe may be treated as a State authority, and EPA will address in the for purposes of this Federal plan. If a All existing OSWI units and air delegation agreement with the Tribe Tribe meets the criteria below, EPA can curtain incinerators to be regulated by how criminal enforcement issues are delegate to an Indian tribe authority to the proposed OSWI Federal plan will referred to EPA. implement the Federal plan in the same have to apply for and obtain a title V way it can delegate authority to a State: operating permit. These title V operating D. Implementing Authority (1) The applicant is an Indian tribe permits assure compliance with all recognized by the Secretary of the applicable Federal requirements for The EPA delegated authority within Interior; regulated incineration units, including the Agency to the EPA Regional (2) The Indian tribe has a governing all applicable CAA section 129 Administrators to implement the OSWI body carrying out substantial requirements. (See 40 CFR 70.6(a)(1), 40 Federal plan. All reports required by governmental duties and functions; CFR 70.2, 40 CFR 71.6(a)(1), and 40 CFR this Federal plan should be submitted to (3) The functions to be exercised by 71.2.) the appropriate Regional Office the Indian tribe pertain to the The permit application deadline for a Administrator. management and protection of air CAA section 129 source applying for a E. OSWI Federal Plan and Indian resources within the exterior boundaries title V operating permit depends on Country of the reservation or other areas within when the source first becomes subject to the tribe’s jurisdiction; and the relevant title V permits program. If The term ‘‘Indian country,’’ as used in (4) The Indian tribe is reasonably your existing incineration unit is not this preamble, means (1) all land within expected to be capable, in the EPA subject to an earlier permit application the limits of any Indian reservation Regional Administrator’s judgment, of deadline, a complete title V permit under the jurisdiction of the United carrying out the functions to be application must be submitted by the States government, notwithstanding the exercised in a manner consistent with earlier of the following dates: issuance of any patent, and including the terms and purposes of the CAA and (1) 12 months after the effective date rights-of-way running through the all applicable regulations. (See 40 CFR of any applicable EPA-approved CAA reservation; (2) all dependent Indian part 49.6). section 111(d)/129 plan (i.e., an approved State or Tribal plan that communities within the borders of the 2. EPA Implementation United States whether within the implements the OSWI emission original or subsequently acquired The CAA also provides EPA with the guidelines); territory thereof, and whether within or authority to administer Federal (2) 12 months after the effective date without the limits of a State; and (3) all programs in Indian country. This of any applicable Federal plan; or Indian allotments, the Indian titles to authority is based in part on the general (3) December 16, 2008. which have not been extinguished, purpose of the CAA, which is national For any existing incineration unit not including rights-of-way running through in scope. Section 301(a) of the CAA subject to an earlier permit application the same. provides EPA broad authority to issue deadline, the application deadline of 36 regulations that are necessary to carry months after the promulgation of 40 The OSWI Federal plan would apply out the functions of the CAA. Congress CFR part 60, subpart FFFF, applies throughout Indian country to ensure intended for EPA to have the authority regardless of whether or when any that there is not a regulatory gap for to operate a Federal program when applicable Federal plan is effective, or existing OSWI units in Indian country. Tribes choose not to develop a program, whether or when any applicable CAA However, eligible Indian tribes now do not adopt an approvable program, or section 111(d)/129 plan is approved by have the authority under the CAA to fail to adequately implement an air EPA and becomes effective. (See CAA develop Tribal plans in the same program authorized under section sections 129(e), 503(c), 503(d), and manner that States develop State plans. 301(d) of the CAA. 502(a) and 40 CFR parts70.5(a)(1)(i) and On February 12, 1998, EPA promulgated Section 301(d)(4) of the CAA 40 CFR 71.5(a)(1)(i).) regulations that outline provisions of authorizes the Administrator to directly If your incineration unit is subject to the CAA for which it is appropriate to administer provisions of the CAA to title V as a result of some triggering treat Tribes in the same manner as achieve the appropriate purpose where requirement(s) other than those States. See 63 FR 7254 (Final Rule for Tribal implementation is not mentioned above (for example, a unit Indian Tribes: Air Quality Planning and appropriate or administratively not may be a major source or part of a major Management, (Tribal Authority Rule)) feasible. The EPA’s interpretation of its source), then you may be required to (codified at 40 CFR part 49). As of authority to directly implement Clean apply for a title V operating permit for March 16, 1998, the effective date of the Air Act programs in Indian country is that unit prior to the deadlines specified Tribal Authority Rule, EPA has had discussed in more detail in the Tribal above. If more than one requirement authority under the CAA to approve Authority Rule. See 63 FR at 7262–7263. triggers a source’s obligation to apply for Tribal programs such as Tribal plans to As mentioned previously, Tribes may, a title V operating permit, the 12-month implement and enforce the OSWI but are not required to, submit a OSWI timeframe for filing a title V permit emission guidelines. plan under section 111(d) of the CAA. application is triggered by the

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requirement which first causes the first taking delegation of the section implement and enforce the section 111/ source to be subject to title V. (See CAA 111/129 Federal plan.5 Some States or 129 requirements when they have been section 503(c) and 40 CFR parts 70.3(a) Tribes, however, may not be able to included in title V permits, the and (b), 40 CFR 70.5(a)(1)(i), 40 CFR implement and enforce a section 111/ permitting authority needs to receive 71.3(a) and (b), and 40 CFR 129 standard in a title V permit until the these reports at the same time as the 71.5(a)(1)(i).) section 111/129 standard has been EPA. For additional background delegated. In these situations, a State or In the situation where a permitting information on the interface between Tribe should not issue a part 70 permit authority chooses to rely on an AG’s CAA section 129 and title V, including to a source subject to a Federal plan opinion and not take delegation of a EPA’s interpretation of CAA section before taking delegation of the section Federal plan, EPA Regional Offices will 129(e), as well as information on 111/129 Federal plan. be responsible for implementing and submitting title V permit applications, If a State or Tribe can provide an enforcing section 111/129 requirements updating existing title V permit Attorney General’s (AG’s) opinion outside of any title V permits. Moreover, applications and reopening existing title delineating its authority to incorporate in this situation, EPA Regional Offices V permits, see the final Federal Plan for section 111/129 requirements into its will continue to be responsible for Commercial and Industrial Solid Waste Title V permits, and then implement developing progress reports, and and enforce these requirements through Incinerators, October 3, 2003 (68 FR conducting any other administrative its Title V permits without first taking 57518, 57532), as well as the ‘‘Summary functions required under this Federal delegation of the requirements, then a of Public Comments and Responses’’ plan or any other section 111/129 State or Tribe does not need to take document in EPA’s OSWI emission Federal plan. See the section IV.J. of this delegation of the section 111/129 guidelines docket (EPA–HQ–OAR– preamble titled ‘‘Progress Reports’’. 2003–0156). requirements for purposes of title V permitting.6 In practical terms, without It is important to note that the EPA is Title V and Delegation of a Federal plan approval of a State or Tribal plan, not using its authority under 40 CFR We have previously stated our delegation of a Federal plan, or an part 70.4(i)(3) to request that all States position that issuance of a Title V adequate AG’s opinion, States and and Tribes which do not take delegation permit is not equivalent to the approval Tribes with approved part 70 permitting of this Federal plan submit of a State plan or delegation of a Federal programs open themselves up to supplemental AG’s opinions at this plan. Legally, delegation of a standard potential questions regarding their time. However, the EPA Regional or requirement results in a delegated authority to issue permits containing Offices shall request, and permitting State or Tribe standing in for EPA as a section 111/129 requirements, and to authorities shall provide, such opinions matter of Federal law. This means that assure compliance with these when the EPA questions a State’s or obligations a source may have to the requirements. Such questions could Tribe’s authority to incorporate section EPA under a Federally promulgated lead to the issuance of a notice of 111/129 requirements into a title V standard become obligations to a State deficiency for a State’s or Tribe’s part 70 permit, and implement and enforce (except for functions that the EPA program. As a result, prior to a State or these requirements in that context retains for itself) upon delegation.4 Tribal permitting authority drafting a without delegation. Although a State or Tribe may have the part 70 permit for a source subject to a IX. Statutory and Executive Order authority under State or Tribal law to section 111/129 Federal plan, the State Reviews incorporate section 111/129 or Tribe, EPA Regional Office, and requirements into its title V permits, source in question are advised to ensure A. Executive Order 12866: Regulatory and implement and enforce these that delegation of the relevant Federal Planning and Review plan has taken place or that the requirements in these permits without This action is not a ‘‘significant first taking delegation of the section permitting authority has provided to the EPA Regional Office an adequate AG’s regulatory action’’ under terms of 111/129 Federal plan, the State or Tribe Executive Order (EO) 12866 (58 FR is not standing in for EPA as a matter opinion. In addition, if a permitting authority 51735, October 4, 1993) and is therefore of Federal law in this situation. Where chooses to rely on an AG’s opinion and not subject to review under the EO. a State or Tribe does not take delegation not take delegation of a Federal plan, a of a section 111/129 Federal plan, B. Paperwork Reduction Act section 111/129 source subject to the obligations that a source has to EPA Federal plan in that State must This action does not impose any new under the Federal plan continue after a simultaneously submit to both EPA and information collection burden. title V permit is issued to the source. As the State or Tribe all reports required by However, the information collection a result, the EPA continues to maintain the standard to be submitted to the EPA. requirements in the proposed rules have that an approved part 70 operating Given that these reports are necessary to been previously submitted for approval permits program cannot be used as a to OMB under the Paperwork Reduction mechanism to transfer the authority to 5 The EPA interprets the phrase ‘‘assure Act, 44 U.S.C. 3501, et seq. and has been implement and enforce the Federal plan compliance’’ in section 502(b)(5)(A) to mean that assigned OMB control number 2060– from the EPA to a State or Tribe. permitting authorities will implement and enforce 0562 for the proposed rule and the As mentioned above, a State or Tribe each applicable standard, regulation, or requirement which must be included in the title V emission guideline (ICR No. 2164.02 for may have the authority under State or permits the permitting authorities issue. See 40 CFR part 60 subpart FFFF). A copy Tribal law to incorporate section 111/ definition of ‘‘applicable requirement’’ in 40 CFR of the OMB approved Information 129 requirements into its title V permits, 70.2. See also 40 CFR 70.4(b)(3)(i) and 70.6(a)(1). Collection Request (ICR) may be and implement and enforce these 6 It is important to note that an AG’s opinion submitted at the time of initial title V program obtained from Susan Auby by mail at requirements in that context without approval is sufficient if it demonstrates that a State the Collection Strategies Division, U.S. or Tribe has adequate authority to incorporate CAA Environmental Protection Agency 4 If the Administrator chooses to retain certain section 111/129 requirements into its title V (2822T), 1200 Pennsylvania Avenue, authorities under a standard, those authorities permits, and to implement and enforce these cannot be delegated, e.g., alternative methods of requirements through its title V permits without NW., Washington, DC 20460, or by demonstrating compliance. delegation. calling (202) 566–1672.

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This ICR reflects the burden estimate approved, the Federal plan burden will with the requirements. Based on for the emission guidelines which were decrease, but the overall burden of the reported information, EPA would promulgated in the Federal Register on State or Tribal plans and the Federal decide which units and what records or December 16, 2005. The burden plan will remain the same. processes should be inspected. The proposed rules contain estimate includes the burden associated These recordkeeping and reporting monitoring, reporting, and with State or Tribal plans as well as the requirements are specifically authorized recordkeeping requirements. burden associated with the proposed by CAA section 114 (42 U.S.C. 7414). Information specified in the emission Federal plan. Consequently, the burden All information submitted to EPA for guidelines would be used by States or estimates described below overstate the EPA to identify existing units subject to which a claim of confidentiality is made information collection burden the State or Federal plans that will be safeguarded according to EPA associated with the Federal plan. implement the emission guidelines, and policies in 40 CFR part 2, subpart B, However, upon approval by EPA, a State to ensure that these units comply with Confidentiality of Business Information. or Tribal plan becomes Federally their emission limits and other The estimated average annual burden enforceable. Therefore, it is important to requirements. Records and reports for the first 3 years after promulgation estimate the full burden associated with would be necessary to enable EPA or of the emission guidelines for industry the State or Tribal plans and the Federal States to identify waste incineration and the implementing agency is plan. As State or Tribal plans are units that may not be in compliance outlined below.

Average Total annual Affected entity annual hours Labor costs Capital costs O&M costs costs

Industry ...... 3,803 $174,703 $0 $0 $174,703 Implementing agency ...... 383 17,611 0 0 17,611

EPA expects the emission guidelines numbers for our regulations are listed in The economic impacts on small entities to affect a maximum of 248 OSWI units 40 CFR part 9. will not be significant because the cost over the first 3 years. There are no of the proposed rules is expected to C. Regulatory Flexibility Act capital, start-up, or operation and range from negligible to actual cost maintenance costs for existing units The Regulatory Flexibility Act (RFA) savings. EPA expects that the majority during the first 3 years, because generally requires an agency to prepare of these entities may realize a cost compliance with the emission a regulatory flexibility analysis of any savings under the likely response to the guidelines is not required until 5 years rule subject to notice and comment proposed rules. after promulgation of the emission rulemaking requirements under the Alternative waste disposal methods, guidelines (or 3 years after the effective Administrative Procedures Act or any such as land filling, are available for date of approval of a State or Federal other statute unless the agency certifies OSWI units. During development of the plan to implement the guidelines). Costs that the proposed rules will not have a underlying EG, our analysis using in the first 3 years include time to significant economic impact on a model plants and a supplemental review the guidelines and the State or substantial number of small entities. analysis using site-specific data both Federal plan. The implementing agency Small entities include small businesses, supported the idea that the annual cost will not incur any capital or start-up small government organizations, and to landfill waste will typically be less costs. small government jurisdictions. than the annual cost of using an OSWI For purposes of assessing the impacts unit for waste disposal. Thus, the likely Burden means the total time, effort, or of the proposed rules on small entities, response to the proposed Federal financial resources expended by persons small entity is defined as follows: implementation plan will be for small to generate, maintain, retain, or disclose 1. A small business that is an ultimate entities that own and operate OSWI or provide information to or for a parent entity in the regulated industry units to close the units and use an Federal agency. This includes the time that has a gross annual revenue less alternative waste disposal method. More needed to review instructions; develop, than $6.5 million (this varies by detailed information about these acquire, install, and utilize technology industry category, ranging up to $10.5 analyses is available in the docket for and systems for the purposes of million for North American Industrial the underlying EG (see Revised collecting, validating, and verifying Classification System (NAICS) code Economic Analysis for Other Solid information, processing and 562213 (VSMWC)), based on Small Waste Incineration (OSWI) Units, maintaining information, and disclosing Business Administration’s size November 2005; and Impacts of Other and providing information; adjust the standards; Solid Waste Incinerator Rule on existing ways to comply with any 2. a small governmental jurisdiction Affected Small Entities, November 2005 previously applicable instructions and that is a government of a city, county, in Docket ID No. EPA–HQ–OAR–2003– requirements; train personnel to be able town, school district or special district 0156). to respond to a collection of with a population of less than 50,000; or The Small Business Administration’s information; search data sources; 3. a small organization that is any not- Office of Advocacy (SBA) expressed complete and review the collection of for-profit enterprise that is concerns that EPA’s certification that information; and transmit or otherwise independently owned and operated and the proposed emission guidelines would disclose the information. is not dominant in its field. not have a significant economic impact An agency may not conduct or After considering the economic on a substantial number of small entities sponsor, and a person is not required to impacts of the proposed rules on small is not based on an adequate analysis of respond to, a collection of information entities, I certify that this action will not IWI units operated by small entities. In unless it displays a currently valid OMB have a significant economic impact on response to SBA’s public comment, we control number. The OMB control a substantial number of small entities. conducted further detailed analyses (as

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summarized in this preamble and Before promulgating an EPA rule for have federalism implications.’’ ‘‘Policies available in the docket) and sent small which a written statement is needed, that have federalism implications’’ is entity outreach surveys requesting section 205 of the UMRA generally defined in the Executive Order to information regarding the use of solid requires EPA to identify and consider a include regulations that have waste incinerators at schools to eight reasonable number of regulatory ‘‘substantial direct effects on the States, entities (identified by SBA) associated alternatives and adopt the least costly, on the relationship between the national with schools. All responses from the most cost-effective, or least burdensome government and the States, or on the small entity outreach survey, with one alternative that achieves the objectives distribution of power and exception, indicate that incinerators are of the proposed rules. The provisions of responsibilities among the various not being used by the respondents. The section 205 do not apply when they are levels of government.’’ one exception regards an institution that inconsistent with applicable law. Under section 6 of Executive Order owns/operates pathological waste Moreover, section 205 allows EPA to 13132, EPA may not issue a regulation incinerators, which are excluded from adopt an alternative other than the least that imposes substantial direct regulation under the standards and costly, most cost-effective, or least compliance costs, and that is not guidelines. burdensome alternative if EPA required by statute, unless the Federal Although the underlying EG rules will publishes with the final rule an government provides the funds not have a significant economic impact explanation why that alternative was necessary to pay the direct compliance on a substantial number of small not adopted. costs incurred by State and local entities, EPA nonetheless has tried to Before EPA establishes any regulatory governments, or EPA consults with reduce the impact of the rules on small requirements that may significantly or State and local officials early in the entities. The final EG rules provide uniquely affect small governments, process of developing the proposed various exclusions for some sources that including Tribal governments, EPA regulation. Also, EPA may not issue a may find it unreasonably costly to must develop a small government regulation that has federalism comply with the rules or utilize agency plan under section 203 of the implications and that preempts State alternative disposal options. These UMRA. The plan must provide for law, unless EPA consults with State and exclusions should provide relief for notifying potentially affected small local officials early in the process of many small entities for which a governments, enabling officials of developing the proposed regulation. reasonable disposal alternative is affected small governments to have The proposed rules do not have unavailable. In addition, to ensure that meaningful and timely input in the federalism implications. They will not affected sources were aware of the development of EPA’s regulatory have substantial direct effects on the proposed rules, EPA sent fact sheets to proposals with significant Federal States, on the relationship between the 361 existing OSWI units in our intergovernmental mandates, and national government and the States, or inventory and an additional 125 fact informing, educating, and advising on the distribution of power and sheets to trade organizations and small governments on compliance with responsibilities among the various interest groups that represented the regulatory requirements. levels of government, as specified in potential OSWI unit owners/operators. The EPA has determined that the Executive Order 13132. The proposed The fact sheets explained the proposed proposed rules do not contain a Federal rules will not impose substantial direct regulations, the anticipated costs and mandate that may result in expenditures compliance costs on State or local impacts to their facilities, and how they of $100 million or more for State, local, governments, and will not preempt could submit comments. None of the and Tribal governments, in the State law. Thus, Executive Order 13132 facilities or interest groups submitted aggregate, or the private sector in any 1 does not apply to the proposed rules. comments on the proposed OSWI rules year. In the preamble promulgating the or on the cost or other impacts EPA emissions guidelines, we presented our F. Executive Order 13175: Consultation anticipated due to the rulemaking and, expectation that most OSWI units and Coordination With Indian Tribal in fact, about one-third of the 361 would close and utilize an economical Governments facilities informed us that they no alternative waste disposal method rather Executive Order 13175, (65 FR 67249, longer own or operate an incineration than complying with the final rules, November 9, 2000), requires EPA to unit. We continue to be interested in the rendering the cost impacts negligible. develop an accountable process to potential impacts of the proposed rule Thus, the final EG, and by extension the ensure ‘‘meaningful and timely input by on small entities and welcome proposed Federal plan, are not subject Tribal officials in the development of comments on issues related to such to the requirements of section 202 and regulatory policies that have Tribal impacts. 205 of the UMRA. In addition, EPA has implications.’’ The proposed rule does determined that the proposed rules not have Tribal implications, as D. Unfunded Mandates Reform Act contain no regulatory requirements that specified in Executive Order 13175. Title II of the Unfunded Mandates might significantly or uniquely affect Thus, Executive Order 13175 does not Reform Act (UMRA) of 1995, Public small governments because the burden apply to the proposed rules. Law 104–4, establishes requirements for is small and the regulations do not G. Executive Order 13045: Protection of Federal agencies to assess the effects of unfairly apply to small governments. Children From Environmental Health their regulatory actions on State, local, Therefore, the proposed rules are not and Safety Risks and Tribal governments and the private subject to the requirements of section sector. Under section 202 of the UMRA, 203 of the UMRA. Executive Order 13045 (62 FR 19885, EPA generally must prepare a written April 23, 1997), applies to any rule that: statement, including a cost-benefit E. Executive Order 13132: Federalism (1) Is determined to be ‘‘economically analysis, for proposed and final rules Executive Order 13132 (64 FR 43255, significant’’ as defined under Executive with ‘‘Federal mandates’’ that may August 10, 1999), requires EPA to Order 12866, and (2) concerns an result in expenditures by State, local, develop an accountable process to environmental health or safety risk that and Tribal governments, in the ensure ‘‘meaningful and timely input by EPA has reason to believe may have a aggregate, or by the private sector, of State and local officials in the disproportionate effect on children. If $100 million or more in any 1 year. development of regulatory policies that the regulatory action meets both criteria,

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EPA must evaluate the environmental One voluntary consensus standard Dated: December 8, 2006. health or safety effects of the planned was identified as an acceptable Stephen L. Johnson, rule on children, and explain why the alternative to EPA test methods for the Administrator. purposes of the proposed rules. The planned regulation is preferable to other 40 CFR part 62 is proposed to be potentially effective and reasonably voluntary consensus standard ASME amended as follows: feasible alternatives EPA considered. PTC 19–10–1981–Part 10, ‘‘Flue and The EPA interprets Executive Order Exhaust Gas Analyses,’’ is cited in the PART 62—[AMENDED] 13045 as applying only to those emission guidelines and the proposed regulatory actions that are based on rules for its manual methods for 1. The authority citation for part 62 health or safety risks, such that the measuring the nitrogen oxide, oxygen, continues to read as follows: analysis required under section 5–501 of and sulfur dioxide content of exhaust Authority: 42 U.S.C. 7401 et seq. the Executive Order has the potential to gas. These parts of ASME PTC 19–10– influence the regulation. The proposed 1981–Part 10 are acceptable alternatives 2. Section 62.13 is amended by rules are not subject to Executive Order to Methods 3B, 6, 7, and 7C. revising paragraph (e) to read as follows: 13045 because they are based on The search for emissions § 62.13 Federal plans. technology performance and not on measurement procedures identified 29 health and safety risks. Also, the voluntary consensus standards * * * * * proposed rules are not ‘‘economically applicable to the proposed rules. The (e) The substantive requirements of significant.’’ EPA determined these 29 standards the other solid waste incineration units identified for measuring emissions of Federal plan are contained in subpart H. Executive Order 13211: Actions That Cd, CO, dioxins/furans, HCl, Hg, Pb, KKK of this part. These requirements Significantly Affect Energy Supply, PM, NO and SO subject to the include emission limits, compliance Distribution or Use X, 2 emission limits were impractical schedules, testing, monitoring, and This rule is not subject to Executive alternatives to EPA test methods for the reporting and recordkeeping Order 13211, ‘‘Actions Concerning purposes of the proposed rules. requirements. Regulations That Significantly Affect Therefore, EPA does not intend to adopt 3. Part 62 is amended by adding a Energy Supply, Distribution, or Use’’ (66 the standards for this purpose. (See new subpart KKK to read as follows: FR28355; May 22, 2001) because it is Docket ID No. EPA–HQ–OAR–2003– Subpart KKK—Federal Plan Requirements not a significant regulatory action under 0156 for further information on the for Other Solid Waste Incineration Units Executive Order 12866. methods.) That Commenced Construction on or Four of the 29 voluntary consensus Before December 9, 2004 I. National Technology Transfer standards identified in this search were Advancement Act Sec. not available at the time the review was Section 12(d) of the National conducted because they are under Introduction Technology Transfer and Advancement development by a voluntary consensus 62.15450 What is the purpose of this Act (NTTAA) of 1995 (Pub. L. 104–113; body: ASME/BSR MFC 13M, ‘‘Flow subpart? 15 U.S.C. 272 note) directs EPA to use Measurement by Velocity Traverse,’’ for 62.15455 What are the principal components of this subpart? voluntary consensus standards in their EPA Method 2 (and possibly 1); ASME/ regulatory and procurement activities BSR MFC 12M, ‘‘Flow in Closed Applicability unless to do so would be inconsistent Conduits Using Multiport Averaging 62.15460 Am I subject to this subpart? with applicable law or otherwise Pitot Primary Flowmeters,’’ for EPA 62.15470 Can my OSWI unit be covered by impractical. Voluntary consensus Method 2; ISO/DIS 12039, ‘‘Stationary both a State plan and this subpart? standards are technical standards (e.g., Source Emissions-Determination of 62.15475 How do I determine if my OSWI materials specifications, test methods, Carbon Monoxide, Carbon Dioxide, and unit is covered by an approved and sampling procedures, business Oxygen-Automated Methods’’ for EPA effective State or Tribal plan? 62.15480 If my OSWI unit is not listed in practices) developed or adopted by one Method 3A; and ASTM Z6590Z, or more voluntary consensus bodies. the Federal plan inventory, am I exempt ‘‘Manual Method for Both Speciated and from this subpart? The NTTAA directs EPA to provide Elemental Mercury’’ for EPA Method 29 62.15485 Can my combustion unit be Congress, through annual reports to (portion for Hg only). exempt from this subpart? OMB, with explanations when an Tables 2 and 4 of subpart FFFF of 40 62.15495 When must I submit any records agency does not use available and CFR part 60 list the EPA testing required pursuant to an exemption applicable voluntary consensus methods from the underlying EG that allowed under § 62.15485? standards. would be included in the proposed 62.15500 Are air curtain incinerators The proposed rules involve technical rules. Under 40 CFR part 60.8(b) and regulated under this subpart? standards. The EPA proposes to use 60.13(i) of subpart A (General Compliance Schedule and Increments of EPA Methods 1, 2, 3A, 3B, 4, 5, 6 or 6C, Provisions), a source may apply to EPA Progress 7 or 7A, 7C, 7D, or 7E, 9, 10, 10A or for permission to use alternative test 62.15505 When must I comply with this 10B, 23, 26A, and 29 of 40 CFR part 60, methods or alternative monitoring subpart if I plan to continue operation of appendix A. requirements in place of any of the EPA my OSWI unit? Consistent with the NTTAA, EPA testing methods, performance 62.15510 What must I do if I plan to conducted searches to identify specifications, or procedures. permanently close my OSWI unit and voluntary consensus standards in not restart it? addition to these EPA methods. No List of Subjects in 40 CFR Part 62 62.15515 What must I do if I close my applicable voluntary consensus Environmental protection, OSWI unit and then restart it? standards were identified for EPA Administrative practice and procedure, Waste Management Plan Methods 7D, 9, and 10A. The search and Air pollution control, Incorporation by 62.15520 What is a waste management review results have been documented reference, Intergovernmental relations, plan? and are placed in the docket for the Reporting and recordkeeping 62.15525 When must I submit my waste OSWI emission guidelines. requirements. management plan?

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62.15530 What should I include in my 62.15710 Is there a minimum amount of Delegation of Authority waste management plan? operating parameter monitoring data I 62.15840 What authorities are withheld by must obtain? Operator Training and Qualification the EPA? 62.15535 What are the operator training and Recordkeeping and Reporting Equations qualification requirements? 62.15715 What records must I keep? 62.15845 What equations must I use? 62.15545 When must the operator training 62.15725 Where and in what format must I course be completed? keep my records? Definitions 62.15550 How do I obtain my operator 62.15730 What reports must I submit? 62.15850 What definitions must I know? qualification? 62.15740 What information must I submit 62.15555 How do I maintain my operator following my initial performance test? Tables to Subpart KKK of Part 62 qualification? 62.15745 When must I submit my annual Table 1 of Subpart KKK of Part 62—Emission 62.15560 How do I renew my lapsed report? Limitations operator qualification? 62.15750 What information must I include Table 2 of Subpart KKK of Part 62— 62.15565 What site-specific documentation in my annual report? Operating Limits for Incinerators and Wet is required? 62.15755 What else must I report if I have Scrubbers 62.15570 What if all the qualified operators a deviation from the operating limits or are temporarily not accessible? the emission limitations? Table 3 of Subpart KKK of Part 62— Emission Limitations and Operating Limits 62.15760 What must I include in the Requirements for Continuous Emission deviation report? Monitoring Systems (CEMS) 62.15575 What emission limitations must I 62.15765 What else must I report if I have meet and by when? a deviation from the requirement to have Table 4 of Subpart KKK of Part 62—Summary 62.15585 What operating limits must I meet of Reporting Requirements and by when? a qualified operator accessible? 62.15595 What if I do not use a wet 62.15770 Are there any other notifications Subpart KKK—Federal Plan or reports that I must submit? scrubber to comply with the emission Requirements for Other Solid Waste limitations? 62.15775 In what form can I submit my reports? Incineration Units That Commenced 62.15605 What happens during periods of Construction on or Before December 9, startup, shutdown, and malfunction? 62.15780 Can reporting dates be changed? 2004 Performance Testing Air Curtain Incinerators That Burn 100 Percent Wood Waste, Clean Lumber and/or Introduction 62.15610 How do I conduct the initial and Yard Waste annual performance test? 62.15785 What is an air curtain incinerator? § 62.15450 What is the purpose of this 62.15615 How are the performance test data subpart? used? 62.15790 When must I comply if my air curtain incinerator burns only wood (a) This subpart establishes emission Initial Compliance Requirements waste, clean lumber, and yard waste? requirements and compliance schedules 62.15620 How do I demonstrate initial 62.15795 What must I do if I close my air for the control of emissions from other compliance with the emission curtain incinerator that burns only wood solid waste incineration (OSWI) units limitations and establish the operating waste, clean lumber, and yard waste and that are not covered by an EPA then restart it? limits? approved and currently effective State 62.15630 By what date must I conduct the 62.15800 What must I do if I plan to initial performance test? permanently close my air curtain or Tribal plan. The pollutants addressed incinerator that burns only wood waste, by these emission requirements are Continuous Compliance Requirements clean lumber, and yard waste and not listed in Table 1 of this subpart. These 62.15635 How do I demonstrate continuous restart it? emission requirements are developed in compliance with the emission 62.15805 What are the emission limitations accordance with sections 111 and 129 of limitations and the operating limits? for air curtain incinerators that burn only the Clean Air Act and subpart B of 40 62.15645 By what date must I conduct the wood waste, clean lumber and yard CFR part 60. annual performance test? waste? (b) In this subpart, ‘‘you’’ means the 62.15650 May I conduct performance 62.15810 How must I monitor opacity for testing less often? air curtain incinerators that burn only owner or operator of an OSWI unit or 62.15660 May I conduct a repeat wood waste, clean lumber and yard air curtain incinerator subject to this performance test to establish new waste? subpart. operating limits? 62.15815 What are the recordkeeping and § 62.15455 What are the principal reporting requirements for air curtain Monitoring components of this subpart? incinerators that burn only wood waste, 62.15665 What continuous emission clean lumber, and yard waste? This subpart contains the twelve monitoring systems must I install? 62.15820 Am I required to apply for and major components listed in paragraphs 62.15675 How do I make sure my obtain a title V operating permit for my (a) through (l) of this section. continuous emission monitoring systems air curtain incinerator that burns only (a) Compliance schedule. are operating correctly? wood waste, clean lumber, and yard (b) Waste management plan. 62.15685 What is my schedule for waste? evaluating continuous emission (c) Operator training and monitoring systems? Title V Operating Permits qualification. 62.15690 What is the minimum amount of 62.15825 Am I required to apply for and (d) Emission limitations and operating monitoring data I must collect with my obtain a title V operating permit for my limits. continuous emission monitoring existing unit? (e) Performance testing. systems, and is the data collection 62.15830 When must I submit a title V (f) Initial compliance requirements. requirement enforceable? permit application for my existing unit? (g) Continuous compliance 62.15700 How do I convert my 1-hour requirements. arithmetic averages into the appropriate Temporary-Use Incinerators and Air Curtain averaging times and units? Incinerators Used In Disaster Recovery (h) Monitoring. 62.15705 What operating parameter 62.15835 What are the requirements for (i) Recordkeeping and reporting. monitoring equipment must I install, and temporary-use incinerators and air (j) Definitions. what operating parameters must I curtain incinerators used in disaster (k) Equations monitor? recovery? (l) Tables.

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Applicability approved Clean Air Act section 111(d) (2) The unit burns homogeneous and section 129 plans along with the waste (not including refuse-derived § 62.15460 Am I subject to this subpart? effective dates for such plans. The list fuel) to produce electricity and steam or (a) You are subject to this subpart if is published annually. If this part does other forms of energy used for you own or operate an OSWI unit as not indicate that your State or Tribal industrial, commercial, heating, or defined in § 62.15850, or an air curtain area has an approved and effective plan, cooling purposes. incinerator subject to this subpart as you should contact your State (3) The owner/operator of the unit defined in § 62.15785. OSWI units are environmental agency’s air director or notifies the Administrator that the unit very small municipal waste combustion your EPA Regional Office to determine meets all of these criteria. units and institutional waste if the EPA has approved a State plan (d) Commercial and industrial solid incineration units as defined in covering your unit since publication of waste incineration units. The unit is § 62.15850. Units subject to this subpart the most recent version of this subpart. excluded if it is regulated under meet the criteria described in subparts CCCC or DDDD of part 60 or paragraphs (a)(1) through (a)(3) of this § 62.15480 If my OSWI unit is not listed in subpart III of part 62 and is required to section. the Federal plan inventory, am I exempt from this subpart? meet the emission limitations (1) Construction of your incineration established in those subparts. unit commenced on or before November Not necessarily. Sources subject to (e) Hazardous waste combustion December 9, 2004. this subpart are not limited to the units. The unit is excluded if it meets (2) Your incineration unit is not inventory of sources listed in Docket either of the two criteria specified in exempt under § 62.15485. No. EPA–HQ–OAR–2006–0364 for the paragraph (e)(1) or (2) of this section. (3) Your incineration unit is not Federal plan. If your incineration unit (1) The owner/operator of the unit is regulated by an EPA approved and meets the applicability criteria in required to get a permit for the unit currently effective State or Tribal plan, § 62.15460, this subpart applies to you under section 3005 of the Solid Waste or your incineration unit is located in whether or not your unit is listed in the Disposal Act. any State whose approved State or Federal plan inventory in the docket. (2) The unit is regulated under 40 CFR Tribal plan is subsequently vacated in § 62.15485 Can my combustion unit be part 63, subpart EEE (National Emission whole or in part. exempt from this subpart? Standards for Hazardous Air Pollutants (b) If the owner or operator of an This subpart exempts the types of from Hazardous Waste Combustors). incineration unit subject to this subpart (f) Hospital/medical/infectious waste makes changes that meet the definition units described in paragraphs (a) through (q) of this section from incinerators. The unit is excluded if it of modification or reconstruction on or is regulated under subparts Ce or Ec of after June 16, 2006, that unit becomes complying with the requirements of this subpart except for the requirements part 60 (New Source Performance subject to subpart EEEE of 40 CFR part Standards and Emission Guidelines for 60 (New Source Performance Standards specified in this section. (a) Cement kilns. The unit is excluded Hospital/Medical/Infectious Waste for Other Solid Waste Incineration Incinerators) or subpart HHH of part 62 Units) and this subpart no longer if it is regulated under subpart LLL of part 63 of this chapter (National (Federal Plan Requirements for applies to that unit. Hospital/Medical/Infectious Waste (c) If you make physical or Emission Standards for Hazardous Air Pollutants from the Portland Cement Incinerators Constructed on or before operational changes to your existing June 20, 1996). incineration unit primarily to comply Manufacturing Industry). (b) Co-fired combustors. The unit, that (g) Incinerators and air curtain with this subpart, then such changes do incinerators in isolated areas of Alaska. not qualify as modifications or would otherwise be considered a very small municipal waste combustion unit, The incineration unit is excluded if it is reconstructions under subpart EEEE of used at a solid waste disposal site in 40 CFR part 60. is excluded if the owner/operator of the unit meets the following five Alaska that is classified as a Class II or § 62.15470 Can my OSWI unit be covered requirements: Class III municipal solid waste landfill, by both a State plan and this subpart? (1) Has a Federally enforceable permit as defined in § 62.15850. (a) If your OSWI unit is located in a limiting the combustion of municipal (h) Rural institutional waste State that does not have an EPA- solid waste to 30 percent of the total incinerators. The incineration unit is approved State plan or your State’s plan fuel input by weight. excluded if it is an institutional waste has not become effective, this subpart (2) Notifies the Administrator that the incinerator, as defined in § 62.15850, applies to your OSWI unit until the EPA unit qualifies for the exclusion. and the application for exclusion approves a State plan that covers your (3) Provides the Administrator with a described in paragraphs (h)(1) and (2) of OSWI unit and that State plan becomes copy of the Federally enforceable this section has been approved by the effective. However, a State may enforce permit. Administrator. the requirements of a State regulation (4) Records the weights, each calendar (1) Prior to 1 year before the final while your OSWI unit is still subject to quarter, of municipal solid waste and of compliance date, an application and this subpart. all other fuels combusted. supporting documentation (b) After the EPA approves a State (5) Keeps each report for 5 years. demonstrating that the institutional plan covering your OSWI unit, and after These records must be kept on site for waste incineration unit meets the two that State plan becomes effective, you at least 2 years, but may be kept off site requirements specified in paragraphs will no longer be subject to this subpart for the remaining 3 years. (h)(1)(i) and (ii) of this section must be and will only be subject to the approved (c) Cogeneration facilities. The unit is submitted to the Administrator for and effective State plan. excluded if it meets the three approval. requirements specified in paragraphs (i) The unit is located more than 50 § 62.15475 How do I determine if my OSWI (c)(1) through (3) of this section. miles from the boundary of the nearest unit is covered by an approved and (1) The unit qualifies as a Metropolitan Statistical Area, effective State or Tribal plan? cogeneration facility under section (ii) Alternative disposal options are This part (40 CFR part 62) contains a 3(18)(B) of the Federal Power Act (16 not available or are economically list of State and Tribal areas with U.S.C. 796(18)(B)). infeasible,

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(2) The application described in (1) The unit qualifies as a small § 62.15485(b) and (l) must submit any paragraph (h)(1) of this section must be power-production facility under section records required to support their claims revised and resubmitted to the 3(17)(C) of the Federal Power Act (16 of exemption to the EPA Administrator Administrator for approval every 5 years U.S.C. 796(17)(C)). (or delegated enforcement authority) following the initial approval of the (2) The unit burns homogeneous upon request. Upon request by any exclusion for your unit. waste (not including refuse-derived person under the regulation at part 2 of (3) If you re-applied for an exclusion fuel) to produce electricity. this chapter (or a comparable law or pursuant to paragraph (h)(2) of this (3) The owner/operator of the unit regulation governing a delegated section and were denied exclusion by notifies the Administrator that the unit enforcement authority), the EPA the Administrator, you have 3 years meets all of these criteria. Administrator (or delegated (o) Temporary-use incinerators and from the expiration date of the current enforcement authority) must request the air curtain incinerators used in disaster exclusion to comply with the emission records in § 62.15485(b) and (l) from an recovery. The incineration unit is limits and all other applicable owner or operator and make such requirements of this subpart. excluded if it is used on a temporary basis to combust debris from a disaster records available to the requestor to the (i) Institutional boilers and process extent required by part 2 of this chapter heaters. The unit is excluded if it is or emergency such as a tornado, hurricane, flood, ice storm, high winds, (or a comparable law governing a regulated under 40 CFR part 63, subpart delegated enforcement authority). Any DDDDD (National Emission Standards or act of bioterrorism and you comply with the requirements in § 62.15835. records required under § 62.15485(b) for Hazardous Air Pollutants for and (l) must be maintained by the Industrial, Commercial, and (p) Units that combust contraband or source for a period of at least 5 years. Institutional Boilers and Process prohibited goods. The incineration unit is excluded if the unit is owned or Notifications of exemption claims Heaters). operated by a government agency such required under § 62.15485(b) and (l) of (j) Laboratory Analysis Units. The unit as police, customs, agricultural this section must be maintained by the is excluded if it burns samples of inspection, or a similar agency to EPA or delegated enforcement authority materials only for the purpose of destroy only illegal or prohibited goods for a period of at least five years. Any chemical or physical analysis. such as illegal drugs, or agricultural information obtained from an owner or (k) Materials recovery units. The unit food products that can not be operator of a source accompanied by a is excluded if it combusts waste for the transported into the country or across claim of confidentiality will be treated primary purpose of recovering metals. state lines to prevent biocontamination. Examples include primary and in accordance with the regulations in The exclusion does not apply to items part 2 of this chapter (or a comparable secondary smelters. either confiscated or incinerated by law governing a delegated enforcement (l) Pathological waste incineration private, industrial, or commercial authority). units. An institutional waste entities. incineration unit or very small (q) Incinerators used for national § 62.15500 Are air curtain incinerators municipal waste combustion unit is security. Your incineration unit is regulated under this subpart? excluded from this subpart if it burns 90 excluded if it meets the requirements percent or more by weight (on a specified in either (q)(1) or (2) of this (a) Air curtain incinerators that burn calendar quarter basis and excluding the section. less than 35 tons per day of municipal weight of auxiliary fuel and combustion (1) The incineration unit is used solid waste or air curtain incinerators air) of pathological waste, low-level solely during military training field located at institutional facilities burning radioactive waste, and/or exercises to destroy national security any amount of institutional waste chemotherapeutic waste as defined in materials integral to the field exercises. generated at that facility are subject to § 62.15850 and the owner/operator of (2) The incineration unit is used all requirements of this subpart, the unit meets the criteria specified in solely to incinerate national security including the emission limitations paragraphs (l)(1) and (2) of this section. materials, its use is necessary to specified in Table 1 of this subpart. safeguard national security, you follow (1) Notify the Administrator that the (b) Air curtain incinerators that burn the exclusion request requirements in unit meets these criteria. only less than 35 tons per day of the (2) Keeps records on a calendar paragraphs (q)(2)(i) and (ii) of this section, and the Administrator has materials listed in paragraphs (b)(1) quarter basis of the weight of through (4) of this section collected pathological waste, low-level approved your request for exclusion. (i) The request for exclusion and from the general public and from radioactive waste, and/or residential, commercial, institutional, chemotherapeutic waste burned, and supporting documentation must demonstrate both that the incineration and industrial sources; or, air curtain the weight of all other fuels and wastes incinerators located at institutional burned in the unit. unit is used solely to destroy national security materials and that a reliable facilities that burn only the materials (m) Small or large municipal waste alternative to incineration that ensures listed in paragraphs (b)(1) through (4) of combustion units. The unit is excluded acceptable destruction of national this section generated at that facility, are if it is regulated under 40 CFR part 60, security materials is unavailable, on required to meet only the requirements subparts AAAA, BBBB, Ea, Eb, or Cb, either a permanent or temporary basis. in §§ 62.15785 through 62.15830 and are and is required to meet the emission (ii) The request for exclusion must be exempt from all other requirements of limitations established in those submitted to the Administrator prior to this subpart. subparts. Also excluded are units 1 year before the final compliance date. regulated under 40 CFR part 62, (1) 100 percent wood waste. subparts FFF or JJJ. § 62.15495 When must I submit any (2) 100 percent clean lumber. (n) Small power production facilities. records required pursuant to an exemption The unit is excluded if it meets the three allowed under § 62.15485? (3) 100 percent yard waste. requirements specified in paragraphs Owners or operators of sources that (4) 100 percent mixture of only wood (n)(1) through (3) of this section. qualify for the exemptions in waste, clean lumber, and/or yard waste.

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Compliance Schedule and Increments (1) You must comply with the such as paper, cardboard, plastics, glass, of Progress operator training and qualification batteries, or metals; or the use of requirements and inspection recyclable materials. The plan must § 62.15505 When must I comply with this subpart if I plan to continue operation of my requirements (if applicable) of this identify any additional waste OSWI unit? subpart by [A DATE WILL BE management measures, and the source INSERTED WHICH WILL BE ONE must implement those measures If you plan to continue operation and YEAR AFTER DATE THE FINAL RULE considered practical and feasible, based come into compliance with the IS PUBLISHED IN THE Federal on the effectiveness of waste requirements of this subpart by [A DATE WILL BE INSERTED WHICH Register]. management measures already in place, (2) While still in operation, your WILL BE THREE YEARS AFTER DATE the costs of additional measures, the THE FINAL RULE IS PUBLISHED IN OSWI unit is subject to the same emissions reductions expected to be THE Federal Register], then you must requirement to apply for and obtain a achieved, and any other environmental complete the requirements of title V operating permit that applies to or energy impacts they might have. an OSWI unit that will not be paragraphs (a) through (f) of this section. Operator Training and Qualification (a) You must comply with the permanently closing. See §§ 62.15825 operator training and qualification and 62.15830. § 62.15535 What are the operator training and qualification requirements? requirements and inspection § 62.15515 What must I do if I close my requirements (if applicable) of this OSWI unit and then restart it? (a) No OSWI unit can be operated unless a fully trained and qualified subpart by [A DATE WILL BE (a) If you close your OSWI unit but OSWI unit operator is accessible, either INSERTED WHICH WILL BE ONE will reopen it prior to [A DATE WILL at the facility or can be at the facility YEAR AFTER DATE THE FINAL RULE BE INSERTED WHICH WILL BE THREE within 1 hour. The trained and qualified IS PUBLISHED IN THE Federal YEARS AFTER DATE THE FINAL OSWI unit operator may operate the Register]. RULE IS PUBLISHED IN THE Federal (b) You must submit a waste OSWI unit directly or be the direct Register], you must meet all the management plan no later than 60 days supervisor of one or more other plant requirements of § 62.15505. following the initial performance test as personnel who operate the unit. If all (b) If you close your OSWI unit and specified in Table 4 of this subpart. qualified OSWI unit operators are restart the unit after [A DATE WILL BE (c) You must achieve final compliance temporarily not accessible, you must INSERTED WHICH WILL BE THREE by [A DATE WILL BE INSERTED follow the procedures in § 62.15570. WHICH WILL BE THREE YEARS YEARS AFTER THE DATE THE FINAL (b) Operator training and qualification AFTER THE DATE THE FINAL RULE IS RULE IS PUBLISHED IN THE Federal must be obtained through a State- PUBLISHED IN THE Federal Register]. Register] and resume operation, you approved program or by completing the To achieve final compliance, you must must meet all of the requirements of requirements included in paragraph (c) incorporate all process changes and § 62.15505(a), (b), (c), and (e) at the time of this section. complete retrofit construction of control you restart your OSWI unit. You must (c) Training must be obtained by devices, so that, if the affected CISWI conduct the initial performance test completing an incinerator operator unit is brought online, all necessary within 30 days of restarting your OSWI training course that includes, at a process changes and air pollution unit. Upon restarting your OSWI unit, minimum, the three elements described control devices would operate as you must have incorporated all process in paragraphs (c)(1) through (3) of this designed. changes and completed retrofit section. (d) You must conduct the initial construction of control devices so that (1) Training on the 13 subjects listed performance test no later than [A DATE when the affected OSWI unit is brought in paragraphs (c)(1)(i) through (xiii) of WILL BE INSERTED WHICH WILL BE online, all necessary process changes this section. THREE YEARS PLUS 180 DAYS AFTER and air pollution control devices (i) Environmental concerns, including THE DATE THE FINAL RULE IS operate as designed. types of emissions. PUBLISHED IN THE Federal Register]. Waste Management Plan (ii) Basic combustion principles, (e) You must submit an initial test including products of combustion. report including the results of the initial § 62.15520 What is a waste management (iii) Operation of the specific type of performance test no later than 60 days plan? incinerator to be used by the operator, following the initial performance test. A waste management plan is a written including proper startup, waste (f) You must submit a notification to plan that identifies both the feasibility charging, and shutdown procedures. the Administrator stating whether final and the methods used to reduce or (iv) Combustion controls and compliance has been achieved, separate certain components of solid monitoring. postmarked within 10 business days waste from the waste stream in order to (v) Operation of air pollution control after [A DATE WILL BE INSERTED reduce or eliminate toxic emissions equipment and factors affecting WHICH WILL BE THREE YEARS PLUS from incinerated waste. performance (if applicable). 10 DAYS AFTER THE DATE THE (vi) Inspection and maintenance of FINAL RULE IS PUBLISHED IN THE § 62.15525 When must I submit my waste the incinerator and air pollution control Federal Register]. management plan? devices. You must submit a waste management (vii) Methods to monitor pollutants § 62.15510 What must I do if I plan to plan no later than 60 days following the (including monitoring of incinerator and permanently close my OSWI unit and not initial performance test as specified in control device operating parameters) restart it? Table 4 of this subpart and monitoring equipment calibration You must close the unit before the procedures, where applicable. final compliance date on [A DATE WILL § 62.15530 What should I include in my (viii) Actions to correct malfunctions BE INSERTED WHICH WILL BE THREE waste management plan? or conditions that may lead to YEARS AFTER DATE THE FINAL A waste management plan must malfunction. RULE IS PUBLISHED IN THE Federal include consideration of the reduction (ix) Bottom and fly ash characteristics Register]. or separation of waste-stream elements and handling procedures.

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(x) Applicable Federal, State, and (b) For a lapse of 3 years or more, you completed review of the information in local regulations, including must repeat the initial qualification paragraph (a) of this section as required Occupational Safety and Health requirements in § 62.15550(a). by paragraph (b) of this section, Administration workplace standards. including the date of the initial review (xi) Pollution prevention. § 62.15565 What site-specific and all subsequent annual reviews. (xii) Waste management practices. documentation is required? (2) Records showing the names of the (xiii) Recordkeeping requirements. (a) Documentation must be available OSWI unit operators who have (2) An examination designed and at the facility and readily accessible for completed the operator training administered by the instructor. all OSWI unit operators that addresses requirements under § 62.15535, met the (3) Written material covering the the nine topics described in paragraphs criteria for qualification under training course topics that may serve as (a)(1) through (9) of this section. You § 62.15550, and maintained or renewed reference material following completion must maintain this information and the their qualification under § 62.15555 or of the course. training records required by paragraph § 62.15560. Records must include (c) of this section in a manner that they documentation of training, the dates of § 62.15545 When must the operator can be readily accessed and are suitable training course be completed? the initial and refresher training, and for inspection upon request. the dates of their qualification and all The operator training course must be (1) Summary of the applicable subsequent renewals of such completed by the latest of the three standards under this subpart. qualifications. dates specified in paragraphs (a) (2) Procedures for receiving, handling, (3) For each qualified operator, the through (c) of this section. and charging waste. phone and/or pager number at which (a) The final compliance date (3) Incinerator startup, shutdown, and they can be reached during operating specified in § 62.15505. malfunction procedures. hours. (b) Six months after your OSWI unit (4) Procedures for maintaining proper startup. combustion air supply levels. § 62.15570 What if all the qualified (c) Six months after an employee (5) Procedures for operating the operators are temporarily not accessible? assumes responsibility for operating the incinerator and associated air pollution If all qualified operators are OSWI unit or assumes responsibility for control systems within the standards temporarily not accessible (i.e., not at supervising the operation of the OSWI established under this subpart. the facility and not able to be at the unit. (6) Monitoring procedures for facility within 1 hour), you must meet demonstrating compliance with the one of the three criteria specified in § 62.15550 How do I obtain my operator qualification? operating limits established under this paragraphs (a) through (c) of this subpart. section, depending on the length of time (a) You must obtain operator (7) Reporting and recordkeeping that a qualified operator is not qualification by completing a training procedures. accessible. course that satisfies the criteria under (8) The waste management plan (a) When all qualified operators are § 62.15535(c). required under §§ 62.15520 through not accessible for 12 hours or less, the (b) Qualification is valid from the date 62.15530. OSWI unit may be operated by other on which the training course is (9) Procedures for handling ash. plant personnel familiar with the completed and the operator successfully (b) You must establish a program for operation of the OSWI unit who have passes the examination required under reviewing the information listed in completed review of the information § 62.15535(c)(2). paragraph (a) of this section with each specified in § 62.15565(a) within the § 62.15555 How do I maintain my operator incinerator operator. past 12 months. You do not need to qualification? (1) The initial review of the notify the Administrator or include this To maintain qualification, you must information listed in paragraph (a) of as a deviation in your annual report. complete an annual review or refresher this section must be conducted by the (b) When all qualified operators are course covering, at a minimum, the five latest of three dates specified in not accessible for more than 12 hours, topics described in paragraphs (a) paragraphs (b)(1)(i) through (iii) of this but less than 2 weeks, the OSWI unit through (e) of this section. section. may be operated by other plant (a) Update of regulations. (i) [A DATE WILL BE INSERTED personnel familiar with the operation of (b) Incinerator operation, including WHICH WILL BE THREE YEARS the OSWI unit who have completed a startup and shutdown procedures, waste AFTER DATE THE FINAL RULE IS review of the information specified in charging, and ash handling. PUBLISHED IN THE Federal Register]. § 62.15565(a) within the past 12 months. (c) Inspection and maintenance. (ii) Six months after your OSWI unit However, you must record the period (d) Responses to malfunctions or startup. when all qualified operators were not conditions that may lead to (iii) Six months after an employee accessible and include this deviation in malfunction. assumes responsibility for operating the the annual report as specified under (e) Discussion of operating problems OSWI unit or assumes responsibility for § 62.15570. encountered by attendees. supervising the operation of the OSWI (c) When all qualified operators are unit. not accessible for 2 weeks or more, you § 62.15560 How do I renew my lapsed (2) Subsequent annual reviews of the must take the two actions that are operator qualification? information listed in paragraph (a) of described in paragraphs (c)(1) and (2) of You must renew a lapsed operator this section must be conducted not later this section. qualification by one of the two methods than 12 months following the previous (1) Notify the Administrator of this specified in paragraphs (a) and (b) of review. deviation in writing within 10 days. In this section. (c) You must also maintain the the notice, state what caused this (a) For a lapse of less than 3 years, information specified in paragraphs deviation, what you are doing to ensure you must complete a standard annual (c)(1) through (3) of this section. that a qualified operator is accessible, refresher course described in (1) Records showing the names of and when you anticipate that a qualified § 62.15555. OSWI unit operators who have operator will be accessible.

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(2) Submit a status report to the EPA emission limitations; or minimum accuracy and precision of these methods every 4 weeks outlining what you are amperage to the wet scrubber, which is and instruments. doing to ensure that a qualified operator calculated as the average amperage to (e) A discussion identifying the is accessible, stating when you the wet scrubber measured during the frequency and methods for recalibrating anticipate that a qualified operator will most recent performance test the instruments you will use for be accessible and requesting approval demonstrating compliance with the monitoring these parameters. from the EPA to continue operation of particulate matter emission limitations. § 62.15605 What happens during periods the OSWI unit. You must submit the (3) Minimum scrubber liquor flow of startup, shutdown, and malfunction? first status report 4 weeks after you rate, which is calculated as the average The emission limitations and notify the EPA of the deviation under liquor flow rate at the inlet to the wet operating limits apply at all times paragraph (c)(1) of this section. If the scrubber measured during the most except during OSWI unit startups, EPA notifies you that your request to recent performance test demonstrating shutdowns, or malfunctions. continue operation of the OSWI unit is compliance with all applicable emission disapproved, the OSWI unit may limitations. Performance Testing continue operation for 90 days, then (4) Minimum scrubber liquor pH, must cease operation. Operation of the § 62.15610 How do I conduct the initial and which is calculated as the average liquor annual performance test? unit may resume if you meet the two pH at the inlet to the wet scrubber requirements in paragraphs (c)(2)(i) and measured during the most recent (a) All performance tests must consist (ii) of this section. performance test demonstrating of a minimum of three test runs (i) A qualified operator is accessible compliance with the hydrogen chloride conducted under conditions as required under § 62.15535(a). and sulfur dioxide emission limitations. representative of normal operations. (ii) You notify the EPA that a (b) All performance tests must be (b) You must meet the operating conducted using the methods in Table qualified operator is accessible and that limits established during the initial you are resuming operation. 1 of this subpart. performance test beginning on the date (c) All performance tests must be Emission Limitations and Operating [A DATE WILL BE INSERTED WHICH conducted using the minimum run Limits WILL BE THREE YEARS PLUS 180 duration specified in Table 1 of this DAYS AFTER THE DATE THE FINAL subpart. § 62.15575 What emission limitations must RULE IS PUBLISHED IN THE Federal I meet and by when? (d) Method 1 of appendix A of 40 CFR Register]. You must meet the emission part 60 must be used to select the limitations specified in Table 1 of this § 62.15595 What if I do not use a wet sampling location and number of subpart on the date the initial scrubber to comply with the emission traverse points. performance test is required or limitations? (e) Method 3A or 3B of appendix A completed, whichever is earlier. Section If you use an air pollution control of 40 CFR part 60 must be used for gas 62.15630 specifies the date by which device other than a wet scrubber or limit composition analysis, including you are required to conduct your emissions in some other manner to measurement of oxygen concentration. performance test. comply with the emission limitations Method 3A or 3B of appendix A of 40 under § 62.15575, you must petition the CFR part 60 must be used § 62.15585 What operating limits must I EPA for specific operating limits, the simultaneously with each method. meet and by when? (f) All pollutant concentrations, values of which are to be established except for opacity, must be adjusted to (a) If you use a wet scrubber to during the initial performance test and 7 percent oxygen using Equation 1 in comply with the emission limitations, then continuously monitored thereafter. you must establish operating limits for § 62.15845(a). You must not conduct the initial (g) Method 26A of appendix A of 40 four operating parameters (as specified performance test until after the petition in Table 2 of this subpart) as described CFR part 60 must be used for hydrogen has been approved by the EPA. Your chloride concentration analysis, with in paragraphs (a)(1) through (4) of this petition must include the five items section during the initial performance the additional requirements specified in listed in paragraphs (a) through (e) of paragraphs (g)(1) through (3) of this test. this section. (1) Maximum charge rate, calculated section. (a) Identification of the specific using one of the two different (1) The probe and filter must be parameters you propose to use as procedures in paragraphs (a)(1)(i) or (ii) conditioned prior to sampling using the operating limits. of this section, as appropriate. procedure described in paragraphs (i) For continuous and intermittent (b) A discussion of the relationship (g)(1)(i) through (iii) of this section. units, maximum charge rate is the between these parameters and emissions (i) Assemble the sampling train(s) and average charge rate measured during the of regulated pollutants, identifying how conduct a conditioning run by most recent performance test emissions of regulated pollutants collecting between 14 liters per minute demonstrating compliance with all change with changes in these (0.5 cubic feet per minute) and 30 liters applicable emission limitations. parameters, and how limits on these per minute (1.0 cubic feet per minute) (ii) For batch units, maximum charge parameters will serve to limit emissions of gas over a 1-hour period. Follow the rate is the charge rate measured during of regulated pollutants. sampling procedures outlined in section the most recent performance test (c) A discussion of how you will 8.1.5 of Method 26A of appendix A of demonstrating compliance with all establish the upper and/or lower values 40 CFR part 60. For the conditioning applicable emission limitations. for these parameters that will establish run, water can be used as the impinger (2) Minimum pressure drop across the the operating limits on these solution. wet scrubber, which is calculated as the parameters. (ii) Remove the impingers from the average pressure drop across the wet (d) A discussion identifying the sampling train and replace with a fresh scrubber measured during the most methods you will use to measure and impinger train for the sampling run, recent performance test demonstrating the instruments you will use to monitor leaving the probe and filter (and compliance with the particulate matter these parameters, as well as the relative cyclone, if used) in position. Do not

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recover the filter or rinse the probe of this subpart and the procedures in § 62.15660 May I conduct a repeat before the first run. Thoroughly rinse § 62.15610. performance test to establish new operating limits? the impingers used in the (b) You must continuously monitor preconditioning run with deionized carbon monoxide emissions to Yes. You may conduct a repeat water and discard these rinses. determine compliance with the carbon performance test at any time to establish (iii) The probe and filter assembly are monoxide emissions limitation. Twelve- new values for the operating limits. The conditioned by the stack gas and are not hour rolling average values are used to Administrator may request a repeat recovered or cleaned until the end of determine compliance. A 12-hour performance test at any time. testing. (2) For the duration of sampling, a rolling average value the carbon Monitoring temperature around the probe and filter monoxide emission limit in Table 1 (and cyclone, if used) between 120 °C constitutes a deviation from the § 62.15665 What continuous emission monitoring systems must I install? (248 °F) and 134 °C (273 °F) must be emission limitation. maintained. (c) You must continuously monitor (a) You must install, calibrate, (3) If water droplets are present in the the operating parameters specified in maintain, and operate continuous sample gas stream, the requirements § 62.15585 or established under emission monitoring systems for carbon specified in paragraphs (g)(3)(i) and (ii) § 62.15595. Three-hour rolling average monoxide and for oxygen. You must of this section must be met. values are used to determine monitor the oxygen concentration at (i) The cyclone described in section compliance with the operating limits each location where you monitor carbon 6.1.4 of Method 26A of appendix A of unless a different averaging period is monoxide. 40 CFR part 60. established under § 62.15595. A 3-hour (b) You must install, evaluate, and (ii) The post-test moisture removal rolling average value (unless a different operate each continuous emission procedure described in section 8.1.6 of averaging period is established under monitoring system according to the Method 26A of appendix A of 40 CFR § 62.15595) above the established ‘‘Monitoring Requirements’’ in § 60.13. part 60 must be used. maximum or below the established § 62.15675 How do I make sure my § 62.15615 How are the performance test minimum operating limits constitutes a continuous emission monitoring systems data used? deviation from the established operating are operating correctly? You use results of performance tests limits. Operating limits do not apply to demonstrate compliance with the during performance tests. (a) Conduct initial, daily, quarterly, and annual evaluations of your emission limitations in Table 1 of this § 62.15645 By what date must I conduct subpart. the annual performance test? continuous emission monitoring systems that measure carbon monoxide Initial Compliance Requirements You must conduct annual and oxygen. § 62.15620 How do I demonstrate initial performance tests within 12 months (b) Complete your initial evaluation of compliance with the emission limitations following the initial performance test. the continuous emission monitoring and establish the operating limits? Conduct subsequent annual systems by the date not later than You must conduct an initial performance tests within 12 months within 180 days after [A DATE WILL BE performance test, as required under following the previous one. INSERTED WHICH WILL BE THREE section 60.8, to determine compliance § 62.15650 May I conduct performance YEARS PLUS 180 DAYS AFTER THE with the emission limitations in Table 1 testing less often? DATE THE FINAL RULE IS PUBLISHED of this subpart of part 62 and to IN THE Federal Register] (a) You can test less often for a given establish operating limits using the (c) For initial and annual evaluations, pollutant if you have test data for at procedure in § 62.15585 or § 62.15595. collect data concurrently (or within 30 least three consecutive annual tests, and The initial performance test must be to 60 minutes) using your carbon all performance tests for the pollutant conducted using the test methods listed monoxide and oxygen continuous over that period show that you comply in Table 1 of this subpart and the emission monitoring systems. To with the emission limitation. In this procedures in § 62.15610. validate carbon monoxide concentration case, you do not have to conduct a levels, use EPA Method 10, 10A, or 10B § 62.15630 By what date must I conduct performance test for that pollutant for of appendix A of part 60. Use EPA the initial performance test? the next 2 years. You must conduct a Method 3 or 3A to measure oxygen. The initial performance test must be performance test during the 3rd year Collect the data during each initial and conducted no later than [A DATE WILL and no more than 36 months following annual evaluation of your continuous BE INSERTED WHICH WILL BE THREE the previous performance test. YEARS PLUS 180 DAYS AFTER THE emission monitoring systems following DATE THE FINAL RULE IS PUBLISHED (b) If your OSWI unit continues to the applicable performance IN THE Federal Register]. meet the emission limitation for the specifications in appendix B of 40 CFR pollutant, you may choose to conduct part 60. Table 3 of this subpart shows Continuous Compliance Requirements performance tests for that pollutant the required span values and § 62.15635 How do I demonstrate every 3rd year, but each test must be performance specifications that apply to continuous compliance with the emission within 36 months of the previous each continuous emission monitoring limitations and the operating limits? performance test. system. (a) You must conduct an annual (c) If a performance test shows a (d) Follow the quality assurance performance test for all of the pollutants deviation from an emission limitation procedures in Procedure 1 of appendix in Table 1 of this subpart for each OSWI for any pollutant, you must conduct F of 40 CFR part 60 for each continuous unit to determine compliance with the annual performance tests for that emission monitoring system. The emission limitations. The annual pollutant until three consecutive annual procedures include daily calibration performance test must be conducted performance tests for that pollutant all drift and quarterly accuracy using the test methods listed in Table 2 show compliance. determinations.

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§ 62.15685 What is my schedule for (b) Use Equation 2 in § 62.15845 to the requirements of this subpart, evaluating continuous emission monitoring calculate the 12-hour rolling averages including data averages and systems? for concentrations of carbon monoxide. calculations. You must use all the data (a) Conduct annual evaluations of collected during all other periods in your continuous emission monitoring § 62.15705 What operating parameter assessing compliance with the operating monitoring equipment must I install, and systems no more than 12 months after what operating parameters must I monitor? limits. the previous evaluation was conducted. Recordkeeping and Reporting (b) Evaluate your continuous emission (a) If you are using a wet scrubber to comply with the emission limitations monitoring systems daily and quarterly § 62.15715 What records must I keep? under § 62.15575, you must install, as specified in appendix F of 40 CFR You must maintain the 14 items (as part 60. calibrate (to manufacturers’ specifications), maintain, and operate applicable) as specified in paragraphs § 62.15690 What is the minimum amount devices (or establish methods) for (a) through (n) of this section for a of monitoring data I must collect with my monitoring the value of the operating period of at least 5 years: continuous emission monitoring systems, parameters used to determine (a) Calendar date of each record. and is the data collection requirement compliance with the operating limits (b) Records of the data described in enforceable? listed in Table 2 of this subpart. These paragraphs (b)(1) through (8) of this (a) Where continuous emission devices (or methods) must measure and section. monitoring systems are required, obtain record the values for these operating (1) The OSWI unit charge dates, 1-hour arithmetic averages. Make sure parameters at the frequencies indicated times, weights, and hourly charge rates. the averages for carbon monoxide are in in Table 2 of this subpart at all times. (2) Liquor flow rate to the wet parts per million by dry volume at 7 (b) You must install, calibrate (to scrubber inlet every 15 minutes of percent oxygen. Use the 1-hour averages manufacturers’ specifications), operation, as applicable. of oxygen data from your continuous maintain, and operate a device or (3) Pressure drop across the wet emission monitoring system to method for measuring the use of any scrubber system every 15 minutes of determine the actual oxygen level and to stack that could be used to bypass the operation or amperage to the wet calculate emissions at 7 percent oxygen. control device. The measurement must scrubber every 15 minutes of operation, (b) Obtain at least two data points per include the date, time, and duration of as applicable. hour in order to calculate a valid 1-hour the use of the bypass stack. (4) Liquor pH as introduced to the wet arithmetic average. Section 60.13(e)(2) (c) If you are using a method or air scrubber every 15 minutes of operation, requires your continuous emission pollution control device other than a as applicable. monitoring systems to complete at least wet scrubber to comply with the (5) For OSWI units that establish one cycle of operation (sampling, emission limitations under § 62.15575, operating limits for controls other than analyzing, and data recording) for each you must install, calibrate (to the wet scrubbers under § 62.15595, you 15-minute period. manufacturers’ specifications), must maintain data collected for all (c) Obtain valid 1-hour averages for at maintain, and operate the equipment operating parameters used to determine least 75 percent of the operating hours necessary to monitor compliance with compliance with the operating limits. per day for at least 90 percent of the the site-specific operating limits (6) All 1-hour average concentrations operating days per calendar quarter. An established using the procedures in of carbon monoxide emissions. operating day is any day the unit § 62.15595. (7) All 12-hour rolling average values combusts any municipal or institutional of carbon monoxide emissions and all 3- solid waste. § 62.15710 Is there a minimum amount of hour rolling average values of (d) If you do not obtain the minimum operating parameter monitoring data I must continuously monitored operating obtain? data required in paragraphs (a) through parameters. (c) of this section, you have deviated (a) Except for monitor malfunctions, (8) Records of the dates, times, and from the data collection requirement associated repairs, and required quality durations of any bypass of the control regardless of the emission level assurance or quality control activities device. monitored. (including, as applicable, calibration (c) Identification of calendar dates (e) If you do not obtain the minimum checks and required zero and span and times for which continuous data required in paragraphs (a) through adjustments of the monitoring system), emission monitoring systems or (c) of this section, you must still use all you must conduct all monitoring at all monitoring systems used to monitor valid data from the continuous emission times the OSWI unit is operating. operating limits were inoperative, monitoring systems in calculating (b) You must obtain valid monitoring inactive, malfunctioning, or out of emission concentrations. data for at least 75 percent of the control (except for downtime associated (f) If continuous emission monitoring operating hours per day for at least 90 with zero and span and other routine systems are temporarily unavailable to percent of the operating days per calibration checks). Identify the meet the data collection requirements, calendar quarter. An operating day is pollutant emissions or operating refer to Table 3 of this subpart. It shows any day the unit combusts any parameters not measured, the duration, alternate methods for collecting data municipal or institutional solid waste. reasons for not obtaining the data, and when systems malfunction or when (c) If you do not obtain the minimum a description of corrective actions taken. repairs, calibration checks, or zero and data required in paragraphs (a) and (b) (d) Identification of calendar dates, span checks keep you from collecting of this section, you have deviated from times, and durations of malfunctions, the minimum amount of data. the data collection requirement and a description of the malfunction regardless of the operating parameter and the corrective action taken. § 62.15700 How do I convert my 1-hour level monitored. (e) Identification of calendar dates arithmetic averages into the appropriate (d) Do not use data recorded during and times for which monitoring data averaging times and units? monitor malfunctions, associated show a deviation from the carbon (a) Use Equation 1 in § 62.15845 to repairs, and required quality assurance monoxide emissions limit in Table 1 of calculate emissions at 7 percent oxygen. or quality control activities for meeting this subpart or a deviation from the

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operating limits in Table 2 of this format that can be printed upon request, (f) The highest recorded 12-hour subpart or a deviation from other unless an alternative format is approved average and the lowest recorded 12-hour operating limits established under by the Administrator. average, as applicable, for carbon § 62.15595 with a description of the monoxide emissions and the highest deviations, reasons for such deviations, § 62.15730 What reports must I submit? recorded 3-hour average and the lowest and a description of corrective actions See Table 4 of this subpart for a recorded 3-hour average, as applicable, taken. summary of the reporting requirements. for each operating parameter recorded (f) Calendar dates when continuous for the calendar year being reported. § 62.15740 What information must I submit (g) Information recorded under monitoring systems did not collect the following my initial performance test? minimum amount of data required § 62.15715(b)(6) and (c) through (e) for under §§ 62.15690 and 62.15710. You must submit the information the calendar year being reported. (g) For carbon monoxide continuous specified in paragraphs (a) through (c) of (h) If a performance test was emissions monitoring systems, this section no later than 60 days conducted during the reporting period, document the results of your daily drift following the initial performance test. the results of that test. tests and quarterly accuracy All reports must be signed by the (i) If you met the requirements of determinations according to Procedure 1 facilities manager. § 62.15650(a) or (b), and did not conduct of appendix F of 40 CFR part 60. (a) The complete test report for the a performance test during the reporting (h) Records of the calibration of any initial performance test results obtained period, you must state that you met the monitoring devices required under under § 62.15620, as applicable. requirements of § 62.15650(a) or (b), § 62.15705. (b) The values for the site-specific and, therefore, you were not required to (i) The results of the initial, annual, operating limits established in conduct a performance test during the and any subsequent performance tests § 62.15585 or § 62.15595. reporting period. conducted to determine compliance (c) The waste management plan, as (j) Documentation of periods when all with the emission limits and/or to specified in §§ 62.15520 through qualified OSWI unit operators were establish operating limits, as applicable. 62.15530. unavailable for more than 12 hours, but less than two weeks. Retain a copy of the complete test report § 62.15745 When must I submit my annual including calculations and a description report? § 62.15755 What else must I report if I have of the types of waste burned during the a deviation from the operating limits or the You must submit an annual report no test. emission limitations? (j) Records showing the names of later than 12 months following the submission of the information in (a) You must submit a deviation OSWI unit operators who have report if any recorded 3-hour average completed review of the information in § 62.15740. You must submit subsequent reports no more than 12 parameter level is above the maximum § 62.15565(a) as required by operating limit or below the minimum months following the previous report. § 62.15565(b), including the date of the operating limit established under this initial review and all subsequent annual § 62.15750 What information must I subpart, if any recorded 12-hour average reviews. include in my annual report? carbon monoxide emission rate is above (k) Records showing the names of the The annual report required under the emission limitation, if the control OSWI unit operators who have § 62.15745 must include the ten items device was bypassed, or if a completed the operator training listed in paragraphs (a) through (j) of performance test was conducted showed requirements under § 62.15535, met the this section. If you have a deviation a deviation from any emission criteria for qualification under from the operating limits or the limitation. § 62.15550, and maintained or renewed emission limitations, you must also (b) The deviation report must be their qualification under § 62.15555 or submit deviation reports as specified in submitted by August 1 of that year for § 62.15560. Records must include §§ 62.15755 through 62.15765. data collected during the first half of the documentation of training, the dates of (a) Company name and address. calendar year (January 1 to June 30), and the initial and refresher training, and (b) Statement by the owner or by February 1 of the following year for the dates of their qualification and all operator, with their name, title, and data you collected during the second subsequent renewals of such signature, certifying the truth, accuracy, half of the calendar year (July 1 to qualifications. and completeness of the report. Such December 31). (l) For each qualified operator, the certifications must also comply with the phone and/or pager number at which § 62.15760 What must I include in the requirements of 40 CFR part 70.5(d) or they can be reached during operating deviation report? 40 CFR part 71.5(d). hours. In each report required under (c) Date of report and beginning and (m) Equipment vendor specifications § 62.15755, for any pollutant or ending dates of the reporting period. and related operation and maintenance operating parameter that deviated from requirements for the incinerator, (d) The values for the operating limits the emission limitations or operating emission controls, and monitoring established pursuant to § 62.15585 or limits specified in this subpart, include equipment. § 62.15595. the seven items described in paragraphs (n) The information listed in (e) If no deviation from any emission (a) through (g) of this section. § 62.15565(a). limitation or operating limit that applies (a) The calendar dates and times your to you has been reported, a statement unit deviated from the emission § 62.15725 Where and in what format must that there was no deviation from the limitations or operating limit I keep my records? emission limitations or operating limits requirements. (a) You must keep each record on site during the reporting period, and that no (b) The averaged and recorded data for at least two years. You may keep the monitoring system used to determine for those dates. records off site for the remaining three compliance with the emission (c) Durations and causes of each years. limitations or operating limits was deviation from the emission limitations (b) All records must be available in inoperative, inactive, malfunctioning or or operating limits and your corrective either paper copy or computer-readable out of control. actions.

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(d) A copy of the operating limit Air Curtain Incinerators That Burn § 62.15805 What are the emission monitoring data during each deviation Only Wood Waste, Clean Lumber, and/ limitations for air curtain incinerators that and any test report that documents the or Yard Waste burn only wood waste, clean lumber, and emission levels. yard waste? (e) The dates, times, number, § 62.15785 What is an air curtain (a) Within 180 days after [A DATE duration, and causes for monitor incinerator? WILL BE INSERTED WHICH WILL BE downtime incidents (other than (a) An air curtain incinerator operates THREE YEARS AFTER THE DATE THE downtime associated with zero, span, by forcefully projecting a curtain of air FINAL RULE IS PUBLISHED IN THE and other routine calibration checks). across an open, integrated combustion Federal Register], you must meet the (f) Whether each deviation occurred chamber (fire box) or open pit or trench two limitations specified in paragraphs during a period of startup, shutdown, or (trench burner) in which combustion (a)(1) and (2) of this section. malfunction, or during another period. occurs. For the purpose of this subpart, (1) The opacity limitation is 10 (g) The dates, times, and durations of air curtain incinerators include both percent (6-minute average), except as any bypass of the control device. firebox and trench burner units. described in paragraph (a)(2) of this (b) Air curtain incinerators that burn section. § 62.15765 What else must I report if I have only the materials listed in paragraphs (2) The opacity limitation is 35 a deviation from the requirement to have a (b)(1) through (4) of this section are percent (6-minute average) during the qualified operator accessible? required to meet only the requirements startup period that is within the first 30 (a) If all qualified operators are not in §§ 62.15785 through 62.15820 and are minutes of operation. accessible for two weeks or more, you exempt from all other requirements of (b) The limitations in paragraph (a) of must take the two actions in paragraphs this subpart. (a)(1) and (2) of this section. (1) 100 percent wood waste. this section apply at all times except (1) Submit a notification of the (2) 100 percent clean lumber. during malfunctions. deviation within 10 days that includes (3) 100 percent yard waste. § 62.15810 How must I monitor opacity for the three items in paragraphs (a)(1)(i) (4) 100 percent mixture of only wood air curtain incinerators that burn only wood through (iii) of this section. waste, clean lumber, and/or yard waste. waste, clean lumber, and yard waste? (i) A statement of what caused the deviation. § 62.15790 When must I comply if my air (a) Use Method 9 of appendix A of 40 (ii) A description of what you are curtain incinerator burns only wood waste, CFR part 60 to determine compliance doing to ensure that a qualified operator clean lumber, and yard waste? with the opacity limitation. is accessible. You must achieve compliance by [A (b) Conduct an initial test for opacity (iii) The date when you anticipate that DATE WILL BE INSERTED WHICH as specified in § 60.8 within 180 days a qualified operator will be available. WILL BE THREE YEARS AFTER THE after [A DATE WILL BE INSERTED (2) Submit a status report to the EPA DATE THE FINAL RULE IS PUBLISHED WHICH WILL BE THREE YEARS every 4 weeks that includes the three IN THE Federal Register]. You must AFTER THE DATE THE FINAL RULE IS items in paragraphs (a)(2)(i) through (iii) submit a notification to the PUBLISHED IN THE Federal Register. of this section. Administrator postmarked within 10 (c) After the initial test for opacity, (i) A description of what you are business days after [A DATE WILL BE conduct annual tests no more than 12 doing to ensure that a qualified operator INSERTED WHICH WILL BE THREE months following the date of your is accessible. YEARS AFTER THE DATE THE FINAL previous test. (ii) The date when you anticipate that RULE IS PUBLISHED IN THE Federal (d) If the air curtain incinerator has a qualified operator will be accessible. Register. been out of operation for more than 12 (iii) Request approval from the EPA to months following the date of your § 62.15795 What must I do if I close my air continue operation of the OSWI unit. previous test, then you must conduct a (b) If your unit was shut down by the curtain incinerator that burns only wood waste, clean lumber, and yard waste and test for opacity upon startup of the unit. EPA, under the provisions of then restart it? § 62.15570(c)(2), due to a failure to § 62.15815 What are the recordkeeping provide an accessible qualified operator, (a) If you close your incinerator and and reporting requirements for air curtain you must notify the EPA that you are re-start it, but will reopen it prior to the incinerators that burn only wood waste, clean lumber, and yard waste? resuming operation once a qualified final compliance date in your State operator is accessible. plan, you must achieve compliance by (a) Keep records of results of all initial [A DATE WILL BE INSERTED WHICH and annual opacity tests in either paper § 62.15770 Are there any other WILL BE THREE YEARS AFTER THE copy or computer-readable format that notifications or reports that I must submit? DATE THE FINAL RULE IS PUBLISHED can be printed upon request, unless the Yes. You must submit notifications as IN THE Federal Register]. Administrator approves another format, provided by § 60.7. (b) If you close your incinerator but for at least five years. You must keep will restart it after your final compliance each record on site for at least two years. § 62.15775 In what form can I submit my date, you must meet the emission reports? You may keep the records off site for the limitations in § 62.15805 on the date remaining three years. Submit initial, annual, and deviation your incinerator restarts operation. reports electronically or in paper format, (b) Make all records available for postmarked on or before the submittal § 62.15800 What must I do if I plan to submittal to the Administrator or for an due dates. permanently close my air curtain inspector’s review. incinerator that burns only wood waste, (c) You must submit the results (each § 62.15780 Can reporting dates be clean lumber, and yard waste and not 6-minute average) of the initial opacity changed? restart it? tests no later than 60 days following the If the Administrator agrees, you may You must close the unit before [A initial test. Submit annual opacity test change the semiannual or annual DATE WILL BE INSERTED WHICH results within 12 months following the reporting dates. See § 60.19(c) for WILL BE THREE YEARS AFTER THE previous report. procedures to seek approval to change DATE THE FINAL RULE IS PUBLISHED (d) Submit initial and annual opacity your reporting date. IN THE Federal Register]. test reports as electronic or paper copy

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on or before the applicable submittal a title V permit prior to the deadlines incinerator will be used for more than date. specified in paragraph (a). If more than 8 weeks and request permission to (e) Keep a copy of the initial and one requirement triggers a source’s continue to operate the unit as specified annual reports for a period of five years. obligation to apply for a title V permit, in paragraphs (b)(1) and (2) of this You must keep each report on site for the 12-month timeframe for filing a title section. at least two years. You may keep the V permit application is triggered by the (1) The notification must be submitted reports off site for the remaining three requirement which first causes the in writing by the date 8 weeks after you years. source to be subject to title V. (See section 503(c) of the Clean Air Act and start operation of the temporary-use § 62.15820 Am I required to apply for and 40 CFR part 70.3(a) and (b), 40 CFR incinerator or air curtain incinerator obtain a title V operating permit for my air parts 70.5(a)(1)(i), 40 CFR parts 71.3(a) within the boundaries of the current curtain incinerator that burns only wood emergency or disaster declaration area. waste, clean lumber, and yard waste? and (b), and 40 CFR parts 71.5(a)(1)(i).) (c) A ‘‘complete’’ title V permit (2) The notification must contain the Yes. If your air curtain incinerator is application is one that has been date the incinerator or air curtain subject to this subpart, you are required determined or deemed complete by the incinerator started operation within the to apply for and obtain a title V relevant permitting authority under boundaries of the current emergency or operating permit as specified in section 503(d) of the Clean Air Act and §§ 62.15825 and 62.15830. disaster declaration area, identification 40 CFR parts 70.5(a)(2) or 40 CFR part of the disaster or emergency for which Title V Operating Permits 71.5(a)(2). You must submit a complete the incinerator or air curtain incinerator permit application by the relevant § 62.15825 Am I required to apply for and is being used, a description of the types application deadline in order to operate of materials being burned in the obtain a title V operating permit for my after this date in compliance with incinerator or air curtain incinerator, a existing unit? Federal law. (See sections 503(d) and brief description of the size and design Yes. If you are subject to the 502(a) of the Clean Air Act and 40 CFR of the unit (for example, an air curtain requirements of this subpart, you are parts 70.7(b) and 40 CFR part 71.7(b).) required to apply for and obtain a title incinerator or a modular starved-air V operating permit unless you meet the Temporary-Use Incinerators and Air incinerator), the reasons the incinerator relevant requirements for an exemption Curtain Incinerators Used in Disaster or air curtain incinerator must be specified in § 62.15485. Recovery operated for more than 8 weeks, and the § 62.15835 What are the requirements for amount of time for which you request § 62.15830 When must I submit a title V temporary-use incinerators and air curtain permission to operate including the date permit application for my existing unit? incinerators used in disaster recovery? you expect to cease operation of the (a)(1) If your existing unit is not Your incinerator or air curtain unit. subject to an earlier permit application incinerator is excluded from the (c) If you submitted the notification deadline, a complete title V permit requirements of this subpart if it is used application must be submitted on or containing the information in paragraph on a temporary basis to combust debris (b)(2) by the date specified in paragraph before the earlier of the dates specified from a disaster or emergency such as a in paragraphs (a)(1)(i) through (iii) of (b)(1), you may continue to operate the tornado, hurricane, flood, ice storm, incinerator or air curtain incinerator for this section. (See sections 129(e), 503(c), high winds, or act of bioterrorism. To 503(d), and 502(a) of the Clean Air Act another 8 weeks, which is a total of 16 qualify for this exclusion, the weeks from the date the unit started and 40 CFR parts 70.5(a)(1)(i) and 40 incinerator or air curtain incinerator operation within the boundaries of the CFR part 71.5(a)(1)(i).) must be used to combust debris in an current emergency or disaster (i) 12 months after the effective date area declared a State of Emergency by a declaration area. You do not have to of any applicable EPA-approved Clean local or State government, or the Air Act section 111(d)/129 State or President, under the authority of the meet the emission limitations or other Tribal plan. Stafford Act, has declared that an requirements of this subpart during this (ii) [A DATE WILL BE INSERTED emergency or a major disaster exists in period. WHICH WILL BE ONE YEAR AFTER the area, and you must follow the (1) At the end of 16 weeks from the DATE THE FINAL RULE IS PUBLISHED requirements specified in paragraphs (a) date the incinerator or air curtain IN THE Federal Register]. through (c) of this section. incinerator started operation within the (iii) December 16, 2008. (a) If the incinerator or air curtain boundaries of the current emergency or (2) For any existing incineration unit incinerator is used during a period that disaster declaration area, you must not subject to an earlier permit begins on the date the unit started cease operation of the unit or comply application deadline, the application operation and lasts 8 weeks or less with all requirements of this subpart, deadline of 36 months after the within the boundaries of the same unless the Administrator has approved promulgation of 40 CFR part 60, subpart emergency or disaster declaration area, in writing your request to continue FFFF, applies regardless of whether or then it is excluded from the operation. when any applicable Federal plan is requirements of this subpart. You do not effective, or whether or when any need to notify the Administrator of its (2) If the Administrator has approved applicable Clean Air Act section 111(d)/ use or meet the emission limitations or in writing your request to continue 129 State or Tribal plan is approved by other requirements of this subpart. operation, then you may continue to the EPA and becomes effective. (b) If the incinerator or air curtain operate the incinerator or air curtain (b) If your existing unit is subject to incinerator will be used during a period incinerator within the boundaries of the title V as a result of some triggering that begins on the date the unit started current emergency or disaster requirement(s) other than those operation and lasts more than 8 weeks declaration area until the date specified specified in paragraph (a) of this section within the boundaries of the same in the approval, and you do not need to (for example, a unit may be a major emergency or disaster declaration area, comply with any other requirements of source or part of a major source), then you must notify the EPA that the this subpart during the approved time your unit may be required to apply for temporary-use incinerator or air curtain period.

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Delegation of Authority § 62.15595 establishing operating (e) Approval of major alternatives to parameters when using controls other recordkeeping and reporting § 62.15840 What authorities are withheld than a dry scrubber followed by a fabric by the EPA? requirements of this subpart. filter, a wet scrubber, or a dry scrubber The following authorities are (f) Approval of requests submitted followed by a fabric filter and a wet pursuant to the requirements in withheld by the EPA and not transferred scrubber. to the State or Tribe: § 62.15570(c)(2)}. (a) Approval of alternatives to the (c) Approval of major alternatives to emission limitations in Table 1 of this test methods established under Equations § 62.15610 and Table 1 of this subpart. subpart and operating limits established § 62.15845 What equations must I use? under § 62.15585 and Table 2 of this (d) Approval of major alternatives to subpart. monitoring requirements established (a) Percent oxygen. Adjust all (b) Approval of petitions submitted under §§ 62.15665 through 62.15710 pollutant concentrations to 7 percent pursuant to the requirements of and Table 2 of this subpart. oxygen using Equation 1 of this section.

=∗ − − CCadj meas (.20 9 7 )/(.% 20 9 O2 ) (.) Eq 1

Where: requires 16 hours, the OSWI unit can charging nor ash removal can occur Cadj = pollutant concentration adjusted to 7 combust 24/16, or 1.5 batches, in 24 during combustion. percent oxygen hours. Calendar quarter means three Cmeas = pollutant concentration measured on (d) Carbon monoxide pollutant rate. consecutive months (nonoverlapping) a dry basis When hourly average pollutant rates (Eh) beginning on: January 1, April 1, July 1, (20.9–7) = 20.9 percent oxygen–7 percent oxygen (defined oxygen correction basis) are obtained (e.g., CEMS values), or October 1. 20.9 = oxygen concentration in air, percent compute the rolling average carbon Calendar year means 365 consecutive %O2 = oxygen concentration measured on a monoxide pollutant rate (Ea) for each 12- days starting on January 1 and ending dry basis, percent hour period using the following on December 31. (b) Capacity of a very small municipal equation: Chemotherapeutic waste means waste waste combustion unit. For very small material resulting from the production 1 12 municipal waste combustion units that EEEq= ∑ (.)2 or use of anti-neoplastic agents used for ahj the purpose of stopping or reversing the can operate continuously for 24-hour 12 j=1 periods, calculate the unit capacity growth of malignant cells. based on 24 hours of operation at the Where: Class II municipal solid waste landfill maximum charge rate. To determine the Ea = Average carbon monoxide pollutant rate means a landfill that meets four criteria: maximum charge rate, use one of two for the 12-hour period, ppm corrected to (1) Accepts, for incineration or 7 percent O . methods: 2 disposal, less than 20 tons per day of Ehj = Hourly arithmetic average pollutant rate (1) For very small municipal waste for hour ‘‘j,’’ ppm corrected to 7 percent municipal solid waste or other solid combustion units with a design based O2. wastes based on an annual average; on heat input capacity, calculate the (2) Is located on a site where there is maximum charging rate based on the Definitions no evidence of groundwater pollution maximum heat input capacity and one § 62.15850 What definitions must I know? caused or contributed to by the landfill; of two heating values: Terms used but not defined in this (3) Is not connected by road to a Class (i) If your very small municipal waste I municipal solid waste landfill, as combustion unit combusts refuse- subpart are defined in the Clean Air Act and 40 CFR part 60, subpart A (General defined by Alaska regulatory code 18 derived fuel, use a heating value of AAC 60.300(c) or, if connected by road, 12,800 kilojoules per kilogram (5,500 Provisions). Administrator means the is located more than 50 miles from a British thermal units per pound). Class I municipal solid waste landfill; (ii) If your very small municipal waste Administrator of the EPA, an employee and combustion unit combusts municipal of the EPA, the Director of the State air solid waste, use a heating value of pollution control agency, or employee of (4) Serves a community that meets 10,500 kilojoules per kilogram (4,500 the State air pollution control agency to one of two criteria: British thermal units per pound). whom the authority has been delegated (i) Experiences for at least three (2) For very small municipal waste by the Administrator of the EPA to months each year, an interruption in combustion units with a design not perform the specified task. access to surface transportation, based on heat input capacity, use the Air curtain incinerator means an preventing access to a Class I municipal maximum design charging rate. incineration unit operating by forcefully solid waste landfill; or (c) Capacity of a batch very small projecting a curtain of air across an (ii) Has no practicable waste municipal waste combustion unit. open, integrated combustion chamber management alternative, with a landfill Calculate the capacity of a batch OSWI (fire box) or open pit or trench (trench located in an area that annually receives unit as the maximum design amount of burner) in which combustion occurs. 25 inches or less of precipitation. municipal solid waste it can charge per For the purpose of this subpart only, air Class III municipal solid waste batch multiplied by the maximum curtain incinerators include both firebox landfill is a landfill that is not number of batches it can process in 24 and trench burner units. connected by road to a Class I municipal hours. Calculate the maximum number Auxiliary fuel means natural gas, solid waste landfill, as defined by of batches by dividing 24 by the number liquefied petroleum gas, fuel oil, or Alaska regulatory code 18 AAC of hours needed to process one batch. diesel fuel. 60.300(c) or, if connected by road, is Retain fractional batches in the Batch OSWI unit means an OSWI unit located more than 50 miles from a Class calculation. For example, if one batch that is designed such that neither waste I municipal solid waste landfill, and

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that accepts, for disposal, either of the qualification and accessibility Atomic Energy Act of 1954 (42 U.S.C. following two criteria: requirement in this subpart during 2014(e)(2)). (1) Ash from incinerated municipal startup, shutdown, or malfunction, Malfunction means any sudden, waste in quantities less than one ton per regardless of whether or not such failure infrequent, and not reasonably day on an annual average, which ash is allowed by this subpart. preventable failure of air pollution must be free of food scraps that might Dioxins/furans means tetra- through control equipment, process equipment, attract animals; or octachlorinated dibenzo-p-dioxins and or a process to operate in a normal or (2) Less than five tons per day of dibenzofurans. usual manner. Failures that are caused, municipal solid waste, based on an Energy recovery means the process of in part, by poor maintenance or careless annual average, and is not located in a recovering thermal energy from operation are not malfunctions. place that meets either of the following combustion for useful purposes such as Metropolitan Statistical Area means criteria: steam generation or process heating. any areas listed as metropolitan (i) Where public access is restricted, EPA means the Administrator of the statistical areas in OMB Bulletin No. including restrictions on the right to EPA or employee of the EPA that is 05–02 entitled ‘‘Update of Statistical move to the place and reside there; or delegated the authority to perform the Area Definitions and Guidance on Their (ii) That is provided by an employer specified task. Uses’’ dated February 22, 2005 Institutional facility means a land- and that is populated totally by persons (available on the Web at http:// based facility owned and/or operated by who are required to reside there as a www.whitehouse.gov/omb/bulletins/). condition of employment and who do an organization having a governmental, educational, civic, or religious purpose Modification or modified unit means not consider the place to be their an incineration unit you have changed permanent residence. such as a school, hospital, prison, military installation, church, or other on or after June 16, 2006 and that meets Clean lumber means wood or wood one of two criteria: products that have been cut or shaped similar establishment or facility. Institutional waste means solid waste (1) The cumulative cost of the changes and include wet, air-dried, and kiln- over the life of the unit exceeds 50 dried wood products. Clean lumber (as defined in this subpart) that is combusted at any institutional facility percent of the original cost of building does not include wood products that and installing the unit (not including have been painted, pigment-stained, or using controlled flame combustion in an enclosed, distinct operating unit: Whose the cost of land) updated to current pressure-treated by compounds such as costs (current dollars). For an OSWI chromate copper arsenate, design does not provide for energy recovery (as defined in this subpart); unit, to determine what systems are pentachlorophenol, and creosote, or within the boundary of the unit used to manufactured wood products that operated without energy recovery (as defined in this subpart); or operated calculate these costs, see the definition contain adhesives or resins (e.g., of OSWI unit. plywood, particle board, flake board, with only waste heat recovery (as (2) Any physical change in the OSWI and oriented strand board). defined in this subpart). Institutional unit or change in the method of Collected from means the transfer of waste also means solid waste (as operating it that increases the amount of material from the site at which the defined in this subpart) combusted on any air pollutant emitted for which material is generated to a separate site site in an air curtain incinerator that is section 129 or section 111 of the Clean where the material is burned. a distinct operating unit of any Contained gaseous material means institutional facility. Air Act has established standards. gases that are in a container when that Institutional waste incineration unit Municipal solid waste means refuse container is combusted. means any combustion unit that (and refuse-derived fuel) collected from Continuous emission monitoring combusts institutional waste (as defined the general public and from residential, system or CEMS means a monitoring in this subpart), and is a distinct commercial, institutional, and industrial system for continuously measuring and operating unit of the institutional sources consisting of paper, wood, yard recording the emissions of a pollutant facility that generated the waste. wastes, food wastes, plastics, leather, from an OSWI unit. Institutional waste incineration units rubber, and other combustible materials Continuous OSWI unit means an include field-erected, modular, cyclonic and non-combustible materials such as OSWI unit that is designed to allow burn barrel, and custom built metal, glass and rock, provided that: (A) waste charging and ash removal during incineration units operating with the term does not include industrial combustion. starved or excess air, and any air curtain process wastes or medical wastes that Deviation means any instance in incinerator that is a distinct operating are segregated from such other wastes; which a unit that meets the unit of the institutional facility that and (B) an incineration unit shall not be requirements in § 62.15460, or an owner generated the institutional waste (except considered to be combusting municipal or operator of such source: those air curtain incinerators listed in waste for purposes of this subpart if it (1) Fails to meet any requirement or § 62.15500(b). combusts a fuel feed stream, 30 percent obligation established by this subpart, Intermittent OSWI unit means an or less of the weight of which is including but not limited to any OSWI unit that is designed to allow comprised, in aggregate, of municipal emission limitation, operating limit, or waste charging, but not ash removal, waste, as determined by § 62.15485(c). operator qualification and accessibility during combustion. Municipal waste combustion unit requirements; Low-level radioactive waste means means, for the purpose of this subpart, (2) Fails to meet any term or condition waste material that contains radioactive any setting or equipment that combusts that is adopted to implement an nuclides emitting primarily beta or municipal solid waste (as defined in applicable requirement in this subpart gamma radiation, or both, in this subpart) including, but not limited and that is included in the operating concentrations or quantities that exceed to, field-erected, modular, cyclonic burn permit for any unit that meets applicable Federal or State standards for barrel, and custom built incineration requirements in § 62.15460 and is unrestricted release. Low-level units (with or without energy recovery) required to obtain such a permit; or radioactive waste is not high-level operating with starved or excess air, (3) Fails to meet any emission radioactive waste, spent nuclear fuel, or boilers, furnaces, pyrolysis/combustion limitation, operating limit, or operator byproduct material as defined by the units, and air curtain incinerators

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(except those air curtain incinerators what systems are within the boundary Very small municipal waste listed in § 62.15500(b)). of the unit used to calculate these costs, combustion unit means any municipal Other solid waste incineration (OSWI) see the definition of OSWI unit. waste combustion unit that has the unit means either a very small Refuse-derived fuel means a type of capacity to combust less than 35 tons municipal waste combustion unit or an municipal solid waste produced by per day of municipal solid waste or institutional waste incineration unit, as processing municipal solid waste refuse-derived fuel, as determined by defined in this subpart. Unit types listed through shredding and size the calculations in § 62.15845. in § 62.15485 as being excluded from classification. This includes all classes Waste heat recovery means the the subpart are not OSWI units subject of refuse-derived fuel including two process of recovering heat from the to this subpart. While not all OSWI fuels: combustion flue gases by convective units will include all of the following (1) Low-density fluff refuse-derived heat transfer only. components, an OSWI unit includes, fuel through densified refuse-derived Wet scrubber means an add-on air but is not limited to, the municipal or fuel. pollution control device that utilizes an institutional solid waste feed system, (2) Pelletized refuse-derived fuel. aqueous or alkaline scrubbing liquor to grate system, flue gas system, waste heat Shutdown means the period of time collect particulate matter (including recovery equipment, if any, and bottom after all waste has been combusted in nonvaporous metals and condensed ash system. The OSWI unit does not the primary chamber. For continuous organics) and/or to absorb and include air pollution control equipment OSWI, shutdown shall commence no neutralize acid gases. or the stack. The OSWI unit boundary less than 2 hours after the last charge to Wood waste means untreated wood starts at the municipal or institutional the incinerator. For intermittent OSWI, and untreated wood products, including waste hopper (if applicable) and extends shutdown shall commence no less than tree stumps (whole or chipped), trees, through two areas: 4 hours after the last charge to the tree limbs (whole or chipped), bark, (1) The combustion unit flue gas incinerator. For batch OSWI, shutdown sawdust, chips, scraps, slabs, millings, system, which ends immediately after shall commence no less than 5 hours and shavings. Wood waste does not the last combustion chamber or after the after the high-air phase of combustion include: waste heat recovery equipment, if any; has been completed. (1) Grass, grass clippings, bushes, and Solid waste means any garbage, shrubs, and clippings from bushes and (2) The combustion unit bottom ash refuse, sludge from a waste treatment shrubs from residential, commercial/ system, which ends at the truck loading plant, water supply treatment plant, or retail, institutional, or industrial sources station or similar equipment that air pollution control facility and other as part of maintaining yards or other transfers the ash to final disposal. The discarded material, including solid, private or public lands. OSWI unit includes all ash handling liquid, semisolid, or contained gaseous (2) Construction, renovation, or systems connected to the bottom ash material resulting from industrial, demolition wastes. handling system. commercial, mining, agricultural (3) Clean lumber. Particulate matter means total operations, and from community (4) Treated wood and treated wood particulate matter emitted from OSWI activities, but does not include solid or products, including wood products that units as measured by Method 5 or dissolved material in domestic sewage, have been painted, pigment-stained, or Method 29 of appendix A of 40 CFR part or solid or dissolved materials in pressure treated by compounds such as 60. irrigation return flows or industrial chromate copper arsenate, Pathological waste means waste discharges that are point sources subject pentachlorophenol, and creosote, or material consisting of only human or to permits under section 402 of the manufactured wood products that animal remains, anatomical parts, and/ Federal Water Pollution Control Act, as contain adhesives or resins (e.g., or tissue, the bags/containers used to amended (33 U.S.C. 1342), or source, plywood, particle board, flake board, collect and transport the waste material, special nuclear, or byproduct material and oriented strand board). and animal bedding (if applicable). as defined by the Atomic Energy Act of Yard waste means grass, grass Reconstruction means rebuilding an 1954, as amended (42 U.S.C. 2014). clippings, bushes, shrubs, and clippings incineration unit and meeting two Standard conditions, when referring from bushes and shrubs. Yard waste criteria: to units of measure, means a ° ° comes from residential, commercial/ (1) The reconstruction begins on or temperature of 68 F (20 C) and a retail, institutional, or industrial sources after June 16, 2006. pressure of 1 atmosphere (101.3 as part of maintaining yards or other (2) The cumulative cost of the kilopascals). private or public lands. Yard waste does construction over the life of the Startup period means the period of not include two items: incineration unit exceeds 50 percent of time between the activation of the (1) Construction, renovation, and the original cost of building and system and the first charge to the OSWI demolition wastes. installing the unit (not including land) unit. For batch OSWI, startup means the (2) Clean lumber. updated to current costs (current period of time between activation of the dollars). For an OSWI unit, to determine system and ignition of the waste. Tables to Subpart KKK of Part 62

TABLE 1 OF SUBPART KKK OF PART 62.—EMISSION LIMITATIONS [As stated in § 62.15575, you must comply with the following]

You must meet this emission limi- For the air pollutant Using this averaging time And determining compliance tation a using this method

1. Cadmium ...... 18 micrograms per dry standard 3-run average (1 hour minimum Method 29 of appendix A of 40 cubic meter. sample time per run). CFR part 60.

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TABLE 1 OF SUBPART KKK OF PART 62.—EMISSION LIMITATIONS—Continued [As stated in § 62.15575, you must comply with the following]

And determining compliance For the air pollutant You must meet this emission limi- Using this averaging time tation a using this method

2. Carbon monoxide ...... 40 parts per million by dry volume 3-run average (1 hour minimum Method 10, 10A, or 10B of appen- sample time per run during per- dix A of 40 CFR part 60 and formance test), and 12-hour CEMS. rolling averages measured using CEMS b. 3. Dioxins/furans (total basis) ...... 33 nanograms per dry standard 3-run average (1 hour minimum Method 23 of appendix A of 40 cubic meter. sample time per run). CFR part 60. 4. Hydrogen chloride ...... 15 parts per million by dry volume 3-run average (1 hour minimum Method 26A of appendix A of 40 sample time per run). CFR part 60. 5. Lead ...... 226 micrograms per dry standard 3-run average (1 hour minimum Method 29 of appendix A of 40 cubic meter. sample time per run). CFR part 60. 6. Mercury ...... 74 micrograms per dry standard 3-run average (1 hour minimum Method 29 of appendix A of 40 cubic meter. sample time per run). CFR part 60. 7. Opacity...... 10 percent...... 6-minute average (observe over Method 9 of appendix A of 40 three 1-hour test runs; i.e., thirty CFR part 60. 6-minute averages). 8. Oxides of nitrogen ...... 103 parts per million by dry vol- 3-run average (1 hour minimum Method 7, 7A, 7C, 7D, or 7E of ume. sample time per run). appendix A of part 60. ASME PTC 19.10–1981—Part 10 is an acceptable alternative to Meth- od 7 and 7C only (IBR, see § 60.17(h)). 9. Particulate matter ...... 0.013 grains per dry standard 3-run average (1 hour minimum Method 5 or 29 of appendix A of cubic foot. sample time per run). 40 CFR part 60. 10. Sulfur dioxide ...... 3.1 parts per million by dry vol- 3-run average (1 hour minimum Method 6 or 6C of appendix A of ume. sample time per run). 40 CFR part 60, or ANSI/ASME PTC 19.10–1981 (IBR, see § 60.17(h)) in lieu of Method 6 only. a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. b Calculated each hour as the average of the previous 12 operating hours.

TABLE 2 OF SUBPART KKK OF PART 62.—OPERATING LIMITS FOR INCINERATORS AND WET SCRUBBERS [As stated in § 62.15585, you must comply with the following]

For these operating param- You must establish these And monitoring using these minimum frequencies eters operating limits Data measurement Data recording Averaging time

1. Charge rate ...... Maximum charge rate ...... Continuous ...... Every hour ...... Daily for batch units. 3- hour rolling for contin- uous and intermittent units. a 2. Pressure drop across Minimum pressure drop or Continuous ...... Every 15 minutes ...... 3-hour rolling. a the wet scrubber or am- amperage. perage to wet scrubber. 3. Scrubber liquor flow rate Minimum flow rate ...... Continuous ...... Every 15 minutes ...... 3-hour rolling. a 4. Scrubber liquor pH ...... Minimum pH ...... Continuous ...... Every 15 minutes ...... 3-hour rolling. a a Calculated each hour as the average of the previous 3 operating hours.

TABLE 3 OF SUBPART KKK OF PART 62.—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS) [As stated in § 62.15675, you must comply with the following]

If needed to meet minimum data Use the following span values for Use the following performance requirements, use the following For the following pollutants your CEMS specifications (P.S.) in appendix B alternate methods in appendix A of 40 CFR part 60 for your CEMS of 40 CFR part 60 to collect data

1. Carbon Monoxide...... 125 percent of the maximum P.S.4A ...... Method 10. hourly potential carbon mon- oxide emissions of the waste combustion unit. 2. Oxygen ...... 25 percent oxygen ...... P.S.3 ...... Method 3A or 3B, or ANSI/ASME PTC 19.10–1981 (IBR, see § 60.17(h)) in lieu of Method 3B only.

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TABLE 4 OF SUBPART KKK OF PART 62.—SUMMARY OF REPORTING REQUIREMENTS [As stated in § 62.15730, you must comply with the following]

Report Due date Contents Reference

1. Initial test report ...... a. No later than 60 days following i. Complete test report for the ini- § 62.15740. the initial performance test. tial performance test; and ii. The values for the site-specific § 62.15740. operating limits. 2. Waste management plan ...... a. No later than 60 days following i. Reduction or separation of recy- §§ 62.15520 through 62.15530. the initial performance test. clable materials; and ii. Identification of additional waste §§ 62.15520 through 62.15530. management measures and how they will be implemented. 3. Annual report ...... a. No later than 12 months fol- i. Company Name and address; §§ 62.15745 through 62.15750. lowing the submission of the initial test report. Subsequent reports are to be submitted no more than 12 months following the previous report. ii. Statement and signature by the §§ 62.15745 through 62.15750. owner or operator; iii. Date of report; ...... §§ 62.15745 through 62.15750. iv. Values for the operating limits; §§ 62.15745 through 62.15750. v. If no deviations or malfunctions §§ 62.15745 through 62.15750. were reported, a statement that no deviations occurred during the reporting period; vi. Highest and lowest recorded §§ 62.15745 through 62.15750. 12-hour averages, as applica- ble, for carbon monoxide emis- sions and highest and lowest recorded 3-hour averages, as applicable, for each operating parameter recorded for the cal- endar year being reported; vii. Information for deviations or §§ 62.15745 through 62.15750. malfunctions recorded under § 62.15715(b)(6) and (c) through (e); viii. If a performance test was §§ 62.15745 through 62.15750. conducted during the reporting period, the results of the test; ix. If a performance test was not §§ 62.15745 through 62.15750. conducted during the reporting period, a statement that the re- quirements of § 60.2934(a) or (b) were met; and x. Documentation of periods when §§ 62.15745 through 62.15750. all qualified OSWI unit opera- tors were unavailable for more than 12 hours but less than 2 weeks.

[FR Doc. E6–21285 Filed 12–15–06; 8:45 am] BILLING CODE 6560–50–P

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Part III

Department of Education Institute of Education Sciences; Notice Inviting Applications for Grants To Support Statewide Longitudinal Data Systems for Fiscal Year (FY) 2007; Notice

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DEPARTMENT OF EDUCATION to submit your application complete it offline, and then upload and electronically, or by mail or by hand submit your application. You may not e- [CFDA No. 84.372A] delivery if you qualify for an exception mail an electronic copy of a grant Institute of Education Sciences; Notice to the electronic submission, please application to us. We will reject your application if you Inviting Applications for Grants to refer to Submission Requirements in submit it in paper format unless, as Support Statewide Longitudinal Data this notice. described elsewhere in this section, you Systems for Fiscal Year (FY) 2007 We do not consider an application that does not comply with the deadline qualify for one of the exceptions to the SUMMARY: The Director of the Institute of requirements. electronic submission requirement and Education Sciences (Institute) Individuals with disabilities who submit, no later than two weeks before announces a competition for grants to need an accommodation or auxiliary aid the application deadline date, a written support statewide longitudinal data in connection with the application statement to the Department that you systems. The Director takes this action process should contact the person listed qualify for one of these exceptions. under the Educational Technical under FOR FURTHER INFORMATION Further information regarding Assistance Act of 2002 (Act), Title II of CONTACT. calculation of the date that is two weeks Public Law 107–279. The intent of these Estimated Range of Awards: before the application deadline date is grants is to support the design, $1,000,000 to $6,000,000 for the entire provided later in this section under development, and implementation of project. Exception to Electronic Submission statewide longitudinal data systems. Project Period: Up to three years. Requirement. Fiscal Information: The number of You may access the electronic grant SUPPLEMENTARY INFORMATION: Purpose of awards made under this competition application for the Statewide the Program: The purpose of the will depend upon the quality of the Longitudinal Data Systems competition program is to provide financial applications received. The size of the at http://www.Grants.gov. You must assistance to State educational agencies awards will depend upon the scope of search for the downloadable application (SEAs) for the development of the projects proposed. package for this program or competition longitudinal data systems to efficiently by the CFDA number. Do not include and accurately manage, analyze, Note: The Department is not bound by any the CFDA number’s alpha suffix in your estimates in this notice. disaggregate, and use individual student search (e.g., search for 84.372, not data, consistent with the Elementary Applicable Regulations: The 84.372A). and Secondary Education Act of 1965, Education Department General Please note the following: as amended. These data systems will Administrative Regulations (EDGAR) in • When you enter the Grants.gov site, respond to the multiple information 34 CFR parts 77, 80, 81, 82, 84, 85, 97, you will find information about needs of key stakeholders, support State 98, and 99. In addition, 34 CFR part 75 submitting an application electronically and local decision-making and facilitate is applicable, except for the provisions through the site, as well as the hours of needed research to improve student in 34 CFR 75.100, 75.101(b), 75.102, operation. academic achievement and close • 75.103, 75.105, 75.109(a), 75.200, Applications received by Grants.gov achievement gaps. 75.201, 75.209, 75.210, 75.211, 75.217, are date and time stamped. Your Eligible Applicants: Eligible 75.219, 75.220, 75.221, 75.222, and application must be fully uploaded and applicants are limited to SEAs. 75.230. submitted, and must be date and time Applications Available: December 22, stamped by the Grants.gov system no 2006. Performance Measures later than 4:30 p.m., Washington, DC Request for Applications and Other To evaluate the overall success of this time, on the application deadline date. Information: Information regarding program, the Institute will determine at Except as otherwise noted in this program and application requirements the end of each grant whether the SEA section, we will not consider your for this competition is contained in the has in operation a statewide application if it is date and time Request for Applications package (RFA) longitudinal data system. Grantees will stamped by the Grants.gov system later that will be available on December 15, be expected to report in annual and than 4:30 p.m., Washington, DC time, on 2006, at the following Web site: http:// final reports on the status of their the application deadline date. When we ies.ed.gov/funding. development and implementation of retrieve your application from Information regarding selection these systems. Grants.gov, we will notify you if we are criteria and review procedures will also rejecting your application because it be posted at this Web site. Submission Requirements was date and time stamped by the Letter of Intent: A letter indicating a Applications for grants under this Grants.gov system after 4:30 p.m., potential applicant’s intent to submit an competition must be submitted Washington, DC time, on the application is optional but encouraged. electronically unless you qualify for an application deadline date. The letter of intent must be submitted exception to this requirement in • The amount of time it can take to electronically by January 18, 2007, using accordance with the instructions in this upload an application will vary the instructions provided at the section. depending on a variety of factors following Web site: https:// including the size of the application and ies.constellagroup.com/. Receipt of the a. Electronic Submission of the speed of your Internet connection. letter of intent will be acknowledged by Applications Therefore, we strongly recommend that e-mail. Applications for grants under the you do not wait until the application Deadline for Transmittal of Statewide Longitudinal Data Systems deadline date to begin the submission Applications: March 15, 2007. competition, CFDA Number 84.372A, process through Grants.gov. Applications for grants under this must be submitted electronically using • You should review and follow the competition must be submitted the Governmentwide Grants.gov Apply Education Submission Procedures for electronically using the Grants.gov site at http://www.Grants.gov. Through submitting an application through Apply site (Grants.gov). For information this site, you will be able to download Grants.gov that are included in the (including dates and times) about how a copy of the application package, application package for this competition

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to ensure that you submit your • After you electronically submit technical problem you experienced is application in a timely manner to the your application, you will receive from unrelated to the Grants.gov system. Grants.gov system. You can also find the Grants.gov an automatic notification of Exception to Electronic Submission Education Submission Procedures receipt that contains a Grants.gov Requirement: You qualify for an pertaining to Grants.gov at http://e- tracking number. (This notification exception to the electronic submission Grants.ed.gov/help/ indicates receipt by Grants.gov only, not requirement, and may submit your GrantsgovSubmissionProcedures.pdf. receipt by the Department.) The application in paper format, if you are • To submit your application via Department then will retrieve your unable to submit an application through Grants.gov, you must complete all steps application from Grants.gov and send a the Grants.gov system because— in the Grants.gov registration process second notification to you by e-mail. • You do not have access to the (see http://www.grants.gov/applicants/ This second notification indicates that Internet; or get_registered.jsp). These steps include the Department has received your • You do not have the capacity to (1) Registering your organization, a application and has assigned your upload large documents to the multi-part process that includes application a PR/Award number (an ED- Grants.gov system; registration with the Central Contractor specified identifying number unique to and Registry (CCR); (2) registering yourself your application). • No later than two weeks before the as an Authorized Organization • We may request that you provide us application deadline date (14 calendar Representative (AOR); and (3) getting original signatures on forms at a later days or, if the fourteenth calendar day authorized as an AOR by your date. before the application deadline date organization. Details on these steps are Application Deadline Date Extension falls on a Federal holiday, the next outlined in the Grants.gov 3-Step in Case of Technical Issues with the business day following the Federal Registration Guide (see http:// Grants.gov System: If you are holiday), you mail or fax a written www.grants.gov/section910/ experiencing problems submitting your statement to the Department, explaining Grants.govRegistrationBrochure.pdf). application through Grants.gov, please which of the two grounds for an You also must provide on your contact the Grants.gov Support Desk at exception prevent you from using the application the same D-U-N-S Number 1–800–518–4726. You must obtain a Internet to submit your application. used with this registration. Please note Grants.gov Support Desk Case Number If you mail your written statement to that the registration process may take and must keep a record of it. the Department, it must be postmarked five or more business days to complete, If you are prevented from no later than two weeks before the and you must have completed all electronically submitting your application deadline date. If you fax registration steps to allow you to submit application on the application deadline your written statement to the successfully an application via date because of technical problems with Department, we must receive the faxed Grants.gov. In addition you will need to the Grants.gov system, we will grant you statement no later than two weeks update your CCR registration on an an extension until 4:30 p.m., before the application deadline date. Address and mail or fax your annual basis. This may take three or Washington, DC time, the following statement to: Kashka Kubzdela, U.S. more business days to complete. business day to enable you to transmit Department of Education, 1990 K Street, • You will not receive additional your application electronically or by NW., room 9014, Washington, DC point value because you submit your hand delivery. You also may mail your 20006–5651. FAX: (202) 502–7475. application in electronic format, nor application by following the mailing will we penalize you if you qualify for Your paper application must be instructions described elsewhere in this submitted in accordance with the mail an exception to the electronic notice. submission requirement, as described or hand delivery instructions described If you submit an application after 4:30 in this notice. elsewhere in this section, and submit p.m., Washington, DC time, on the your application in paper format. application deadline date, please b. Submission of Paper Applications by • You must submit all documents contact the person listed elsewhere in Mail electronically, including all information this notice under FOR FURTHER If you qualify for an exception to the you typically provide on the following INFORMATION CONTACT and provide an electronic submission requirement, you forms: Application for Federal explanation of the technical problem may mail (through the U.S. Postal Assistance (SF 424), the Department of you experienced with Grants.gov, along Service or a commercial carrier) your Education Supplemental Information for with the Grants.gov Support Desk Case application to the Department. You SF 424, Budget Information—Non- Number. We will accept your must mail the original and two copies Construction Programs (ED 524), and all application if we can confirm that a of your application, on or before the necessary assurances and certifications. technical problem occurred with the application deadline date, to the Please note that two of these forms—the Grants.gov system and that that problem Department at the applicable following SF 424 and the Department of Education affected your ability to submit your address: Supplemental Information for SF 424— application by 4:30 p.m., Washington, By mail through the U.S. Postal have replaced the ED 424 (Application DC time, on the application deadline Service: U.S. Department of Education, for Federal Education Assistance). date. The Department will contact you Application Control Center, Attention: • You must attach any narrative after a determination is made on (CFDA Number 84.372A), 400 Maryland sections of your application as files in whether your application will be Avenue, SW., Washington, DC 20202– a .PDF (Portable Document) format. If accepted. 4260. you upload a file type other than the file or type specified in this paragraph or Note: The extensions to which we refer in By mail through a commercial carrier: submit a password-protected file, we this section apply only to the unavailability of, or technical problems with, the Grants.gov U.S. Department of Education, will not review that material. Application Control Center, Stop 4260, • system. We will not grant you an extension Your electronic application must if you failed to fully register to submit your Attention: (CFDA Number 84.372A), comply with any page-limit application to Grants.gov before the 7100 Old Landover Road, Landover, MD requirements described in this notice. application deadline date and time or if the 20785–1506.

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Regardless of which address you use, Street, SW., Room 7041, Potomac Center the Federal Relay Service (FRS) at 1– you must show proof of mailing Plaza, Washington, DC 20202–4260. 800–877–8339. consisting of one of the following: The Application Control Center Individuals with disabilities may (1) A legibly dated U.S. Postal Service accepts hand deliveries daily between 8 obtain this document in an alternative postmark. a.m. and 4:30 p.m., Washington, DC format (e.g., Braille, large print, (2) A legible mail receipt with the time, except Saturdays, Sundays, and audiotape, or computer diskette) on date of mailing stamped by the U.S. Federal holidays. request to the program contact person Postal Service. listed in this section. Individuals with (3) A dated shipping label, invoice, or Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver disabilities may obtain a copy of the receipt from a commercial carrier. RFA in an alternative format by (4) Any other proof of mailing your application to the Department— contacting that person. acceptable to the Secretary of the U.S. (1) You must indicate on the envelope and—if not provided by the Department—in Department of Education. Electronic Access to This Document: Item 11 of the SF 424 the CFDA number, You may view this document, as well as If you mail your application through including suffix letter, if any, of the the U.S. Postal Service, we do not all other documents of this Department competition under which you are submitting published in the Federal Register, in accept either of the following as proof your application; and of mailing: (2) The Application Control Center will text or Adobe Portable Document (1) A private metered postmark. mail to you a notification of receipt of your Format (PDF) on the Internet at the (2) A mail receipt that is not dated by grant application. If you do not receive this following site: http://www.ed.gov/news/ the U.S. Postal Service. notification within 15 business days from the fedregister. If your application is postmarked after application deadline date, you should call To use PDF you must have Adobe the application deadline date, we will the U.S. Department of Education Acrobat Reader, which is available free not consider your application. Application Control Center at (202) 245– at this site. If you have questions about 6288. Note: The U.S. Postal Service does not using PDF, call the U.S. Government uniformly provide a dated postmark. Before For Further Information Contact: Printing Office (GPO), toll free, at 1– relying on this method, you should check Kashka Kubzdela, U.S. Department of 888–293–6498; or in the Washington, with your local post office. Education, National Center for DC, area at (202) 512–1530. Education Statistics, 1990 K Street, Note: The official version of this document c. Submission of Paper Applications by NW., Room 9014, Washington, DC is the document published in the Federal Hand Delivery 20006–5651. Telephone: (202) 502–7411 Register. Free Internet access to the official If you qualify for an exception to the or via Internet: edition of the Federal Register and the Code electronic submission requirement, you [email protected]. of Federal Regulations is available on GPO The date on which applications will Access at: http://www.gpoaccess.gov/nara/ (or a courier service) may deliver your index.html. paper application to the Department by be available, the deadline for transmittal hand. You must deliver the original and of applications, the estimated range of Program Authority: 20 U.S.C. 9607. two copies of your application by hand, awards, and the project period will also on or before the application deadline be listed in the RFA for this competition Dated: December 12, 2006. date, to the Department at the following that will be posted at: http://ies.ed.gov/ Grover J. Whitehurst, address: U.S. Department of Education, funding. Director, Institute of Education Sciences. Application Control Center, Attention: If you use a telecommunications [FR Doc. E6–21524 Filed 12–15–06; 8:45 am] (CFDA Number 84.372A), 550 12th device for the deaf (TDD), you may call BILLING CODE 4000–01–P

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Reader Aids Federal Register Vol. 71, No. 242 Monday, December 18, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 600...... 70457 Presidential Documents 2 CFR 606...... 70457 901...... 70457 Executive orders and proclamations 741–6000 Proposed Rules: The United States Government Manual 741–6000 3 CFR 20...... 74847 54...... 74848 Other Services Proclamations: Electronic and on-line services (voice) 741–6020 8087...... 70455 11 CFR Privacy Act Compilation 741–6064 8088...... 70851 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 8089...... 70853 104...... 71084 8090...... 75083 TTY for the deaf-and-hard-of-hearing 741–6086 111 ...... 71088, 71090, 71093 Executive Orders: 12866 (See EO 12 CFR ELECTRONIC RESEARCH 13416) ...... 71033 205...... 69430 13317 (Amended by World Wide Web 215...... 71472 13418) ...... 75647 313...... 75659 Full text of the daily Federal Register, CFR and other publications 13415...... 70641 1750...... 75085 is located at: http://www.gpoaccess.gov/nara/index.html 13416...... 71033 Federal Register information and research tools, including Public 13417...... 71459 Proposed Rules: 205...... 69500 Inspection List, indexes, and links to GPO Access are located at: Administrative Orders: Ch. III ...... 74857 http://www.archives. gov/federallregister Presidential E-mail Determinations: 13 CFR No. 2007–4 of FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is November 22, 123...... 75407 an open e-mail service that provides subscribers with a digital 2006 ...... 74451 14 CFR form of the Federal Register Table of Contents. The digital form No. 2007–5 of of the Federal Register Table of Contents includes HTML and November 27, 13...... 70460 PDF links to the full text of each document. 2006 ...... 74453 23...... 74456 25 ...... 70646, 74755, 74758 To join or leave, go to http://listserv.access.gpo.gov and select 5 CFR 39 ...... 70284, 70286, 70294, Online mailing list archives, FEDREGTOC-L, Join or leave the list 70297, 70300, 70648, 70857, (or change settings); then follow the instructions. Proposed Rules: 3201...... 70325 70860, 70862, 70865, 70868, PENS (Public Law Electronic Notification Service) is an e-mail 71475, 71478, 71480, service that notifies subscribers of recently enacted laws. 7 CFR 74459,74462,74464,74466, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 33...... 70643 75106, 75108, 75409, 75411, and select Join or leave the list (or change settings); then follow 249...... 74618 75413 the instructions. 319...... 75649 71 ...... 69438, 70302, 70465, 457...... 74455 70650, 74761, 75110 FEDREGTOC-L and PENS are mailing lists only. We cannot 73...... 70466 respond to specific inquiries. 981...... 70646 1220...... 69429 97 ...... 69438, 74762, 74764 Reference questions. Send questions and comments about the 1792...... 70275 401...... 75616 Federal Register system to: [email protected] 415...... 75616 Proposed Rules: The Federal Register staff cannot interpret specific documents or 51...... 69497 431...... 75616 regulations. 272...... 71075 435...... 75616 273...... 71075 440...... 75616 460...... 75616 FEDERAL REGISTER PAGES AND DATE, DECEMBER 319...... 70330 981...... 70683 Proposed Rules: 69429–70274...... 1 39 ...... 70908, 71096, 71099, 8 CFR 71101, 71103, 71492, 71494, 70275–70456...... 4 1003...... 70855 71497, 71499, 74873, 74878, 70457–70642...... 5 75145, 75432, 75684 70643–70850...... 6 9 CFR 71 ...... 70909, 70911, 75686 70851–71036...... 7 Proposed Rules: 145...... 70254 71037–71462...... 8 78...... 74826 399...... 71106 71462–74450...... 11 93...... 74827 74451–74754...... 12 15 CFR 74755–75082...... 13 10 CFR 801...... 75417 75083–75406...... 14 70...... 69430 16 CFR 75407–75646...... 15 72...... 71463 75647–75850...... 18 430...... 71340 Proposed Rules: 431...... 71340 Ch. II ...... 74472 433...... 70275 434...... 70275 17 CFR 435...... 70275 200...... 71037

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232...... 74698 45...... 70476 122...... 69622 216...... 74469 239...... 74698 180 ...... 70667, 70670, 71052, 222...... 71072 240...... 74698 28 CFR 74795, 74802 230...... 69492 249...... 74698 61...... 71047 239...... 71241 232...... 69489 249b...... 74698 Proposed Rules: 258...... 71241 252 ...... 69489, 69492, 71072, 269...... 74698 570...... 70696 300...... 70318 74469 274...... 74698 799...... 71058 253...... 69492 Proposed Rules: 29 CFR Proposed Rules: 1802...... 71072 240...... 71109, 75068 54...... 75055 52 ...... 69519, 70338, 70339, 1805...... 71072 242...... 75002, 75068 2590...... 75014 70476, 70699, 70914, 70915, 1819...... 71072 4022...... 69480, 75420 75687, 75690, 75694 1825...... 71072 18 CFR 4044...... 69481, 75420 62...... 75816 1827...... 71072 50...... 69440 4050...... 75115 63...... 75182 1828...... 71072 292...... 75662 4281...... 75115 69...... 74886 1852...... 71072 380...... 69440 Proposed Rules: 70...... 70476, 70702 Proposed Rules: Proposed Rules: 102...... 74881 81...... 70915 23...... 70937 2...... 70692 825...... 69504 180...... 70703 32...... 75186 33...... 70692 4050...... 75181 721...... 75703 36...... 70937 40...... 70695 4281...... 75181 799...... 75704 52...... 70937, 75186 365...... 70692 719...... 70939 30 CFR 42 CFR 366...... 70692 49 CFR 3...... 71430 405...... 69624, 71062 173...... 75679 19 CFR 48...... 71430 410...... 69624, 71062 571...... 74823 12...... 69447 50...... 71430 411...... 69624, 71062 572...... 75304, 75342 Proposed Rules: 75...... 71430 414...... 69624, 71062 210...... 71113 415...... 69624, 71062 Proposed Rules: 31 CFR 424...... 69624, 71062 171...... 69527 172...... 69527 21 CFR 1...... 69482 460...... 71244 173...... 69527 2...... 70870 462...... 71244 Proposed Rules: 174...... 69527 25...... 74766 538...... 71500 466...... 71244 473...... 71244 178...... 69527 80...... 70873 560...... 71500 213...... 70590 101...... 74785 476...... 71244 32 CFR 482...... 71378 214...... 70590 500...... 74766 215...... 70590 Proposed Rules: 514...... 74766 626...... 71051 217...... 70590 1001...... 71501 520...... 70302, 71038 627...... 71051 218...... 70590 558 ...... 70304, 74466, 74766 656...... 71051 44 CFR 219...... 70590 1301...... 69478 220...... 70590 33 CFR 65...... 70885 Proposed Rules: 221...... 70590 67...... 70894, 70904 2...... 70912 117 ...... 70305, 70467, 70468, 222...... 70590 201...... 74474 70877 Proposed Rules: 223...... 70590 312...... 75147, 75168 151...... 75421 67...... 70930 224...... 70590 1312...... 69504 158...... 75421 225...... 70590 165 ...... 69484, 71483, 75664, 45 CFR 22 CFR 228...... 70590 75666, 75668 146...... 75014 229...... 70590 41...... 75662 Proposed Rules: 230...... 70590 46 CFR Proposed Rules: 165...... 69514, 69517 231...... 70590 22...... 74880 401...... 70336 30...... 75421 232...... 70590 51...... 74880 98...... 75421 233...... 70590 34 CFR 151...... 75421 234...... 70590 23 CFR Proposed Rules: 153...... 75421 235...... 70590 655...... 75111 674...... 71117 236...... 70590 47 CFR 682...... 71117 238...... 70590 25 CFR 685...... 71117 2...... 70671 239...... 70590 Proposed Rules: 27...... 70906 240...... 70590 292...... 70335 37 CFR 64 ...... 74469, 74819, 75122 241...... 70590 502...... 71115 253...... 69486 74...... 75614 387...... 75433 546...... 71115 87...... 70671 571...... 70477 547...... 71115 38 CFR 97...... 74823 3...... 75669 Proposed Rules: 50 CFR 26 CFR 21...... 75672 Ch. I ...... 70709 17...... 74592 1 ...... 70875, 70877, 71039, 2...... 70710 229 ...... 70319, 70321, 75679, 71040, 71045, 74467, 75614 40 CFR 87...... 70710 75681 54...... 75014 51...... 74792 622...... 70680 301...... 71040 52 ...... 69486, 70312, 70315, 48 CFR 635...... 75122 602 ...... 71039, 71040, 71045 70468, 70880, 70883, 71486, Ch. I...... 74656, 74680 648 ...... 70682, 70906, 71073, Proposed Rules: 71489 2...... 74667 74471, 75134 1 ...... 71116, 71241, 74482 60...... 75117 10...... 74667 665...... 69495 301...... 70335 62...... 75117 12...... 74667 679...... 70323 63...... 70651 16...... 74656, 74667 Proposed Rules: 27 CFR 70 ...... 70468, 70665, 75422 32...... 74656 10...... 75188 Proposed Rules: 71...... 75422 52...... 74656, 74667 17 ...... 70479, 70483, 70715, 9...... 70472 81...... 71489, 75431 201...... 69488 70717, 75189, 75215 40...... 70476 82...... 75386 208...... 69489 22...... 74483 41...... 70476 96...... 74792 212...... 69489, 71072 92...... 75060 44...... 70476 97...... 74792 215...... 69492 229...... 70339

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622...... 70492, 75220 660...... 70939, 70941 679 ...... 70943, 75437, 75460 648...... 70493, 75226 665...... 69527 697...... 75705

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REMINDERS FEDERAL DEPOSIT conviction, student Fishery conservation The items in this list were INSURANCE CORPORATION earned income management: editorially compiled as an aid Practice and procedure: exclusion, etc.; Northeastern United States to Federal Register users. Corporate debt collection published 11-17-06 Fisheries— Inclusion or exclusion from procedures; published 12- STATE DEPARTMENT Atlantic bluefish; this list has no legal 18-06 Visas; nonimigrant comments due by 12- significance. HOMELAND SECURITY documentation: 27-06; published 11-27- DEPARTMENT Personal appearence 06 [FR E6-20005] West Coast States and RULES GOING INTO Coast Guard waivers; published 12-18- 06 Western Pacific EFFECT DECEMBER 18, Anchorage regulations: Fisheries— 2006 Maine; published 11-16-06 TRANSPORTATION DEPARTMENT Pacific Coast groundfish; Drawbridge operations: comments due by 12- Federal Aviation AGRICULTURE Iowa, Kansas, and Missouri; 29-06; published 11-29- Administration DEPARTMENT published 11-17-06 06 [FR 06-09451] Agricultural Marketing Virginia; published 11-16-06 CONSUMER PRODUCT RULES GOING INTO Service JUSTICE DEPARTMENT SAFETY COMMISSION Potatoes (Irish) grown in EFFECT DECEMBER 18, Drug Enforcement Consumer Product Safety Act Colorado; published 11-17- 2006 Administration and Federal Hazardous 06 Substances Act: Schedules of controlled Airworthiness directives: Adult all terrain vehicle AGRICULTURE substances: DEPARTMENT BAE Systems (Operations) requirements and three- Sodium permanganate; Animal and Plant Health Ltd.; published 11-13-06 wheeled all terrain vehicle control as List II chemical; ban; comments due by Inspection Service TRANSPORTATION published 10-17-06 12-26-06; published 8-10- Plant-related quarantine, DEPARTMENT PENSION BENEFIT 06 [FR 06-06703] foreign: Federal Railroad GUARANTY CORPORATION CORPORATION FOR Fruits and vegetables Administration Premium payments: NATIONAL AND importation; list; published Railroad safety: 12-18-06 Penalties; assessment and COMMUNITY SERVICE relief; published 11-17-06 Passenger equipment safety Criminal history checks; Senior COMMERCE DEPARTMENT standards— Companions, Foster National Oceanic and PERSONNEL MANAGEMENT OFFICE Miscellaneous Grandparents, and Atmospheric Administration amendments and safety AmeriCorps Program Health benefits, Federal Fishery conservation and appliances attachment; participants; comments due employees: management: published 10-19-06 by 12-26-06; published 10- Health insurance Caribbean, Gulf, and South VETERANS AFFAIRS 26-06 [FR E6-17912] premiums— Atlantic fisheries— DEPARTMENT DEFENSE DEPARTMENT Pretax allotments; Gulf of Mexico gag, red Adjudication; pensions, Defense contracting: published 11-17-06 grouper, and black compensation, dependency, Munitions list/commerce grouper; published 11- Peace Corps volunteers; etc.: control list items; DLA 17-06 enrollment suspension; Persian Gulf War veterans; procedures for eligible published 11-17-06 Marine mammals: compensation for purchasers; comments Commercial fishing SOCIAL SECURITY disabilities resulting from due by 12-26-06; authorizations— ADMINISTRATION undiagnosed illnesses; published 10-25-06 [FR Atlantic Large Whale Take Social security benefits and presumptive period E6-17848] Reduction Plan; supplemental security extension; published 12- Federal Acquisition Regulation published 12-18-06 income: 18-06 (FAR): Atlantic Large Whale Take Federal old age, survivors, Vocational rehabilitation and Contract debts; policies and Reduction Plan; and disability insurance, education: procedures; comments published 12-18-06 and aged, blind, and Montgomery GI Bill-Active due by 12-26-06; ENVIRONMENTAL disabled— Duty entitlement; transfer published 10-24-06 [FR PROTECTION AGENCY Disability benefits; to dependents option; 06-08806] Air programs: suspension during published 12-18-06 ENVIRONMENTAL continuing disability Ambient air quality PROTECTION AGENCY reviews; published 10- standards, national— Air pollutants; hazardous; 17-06 COMMENTS DUE NEXT Particulate matter; WEEK national emission standards: published 10-17-06 Federal old age, survivors, Asbestos management and and disability insurance control; comments due by Particulate matter; and aged, blind, and COMMERCE DEPARTMENT 12-28-06; published 11- published 10-17-06 disabled— National Oceanic and 28-06 [FR E6-20157] Air quality implementation Work activity exemption; Atmospheric Administration Air pollution; standards of plans; approval and basis for continuing Fishery conservation and performance for new promulgation; various disability review; management: stationary sources: States: published 11-17-06 Northeastern United States Other solid waste Virginia; published 11-16-06 Federal old age, survivors, fisheries— incineration units; FEDERAL and disability insurance; New England and Mid- comments due by 12-26- COMMUNICATIONS and aged, blind, and Atlantic Fishery 06; published 11-24-06 COMMISSION disabled— Management Councils; [FR E6-19865] Radio frequency devices: Work report receipts, hearings; comments Air programs; approval and Unlicensed operation in TV benefit payments for due by 12-29-06; promulgation; State plans broadcast bands; trial work period service published 10-31-06 [FR for designated facilities and published 11-17-06 months after fraud E6-18286] pollutants:

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New Mexico; comments due published 11-24-06 [FR rule; comments due by labeling standards; by 12-26-06; published 06-09363] 12-29-06; published 10- comments due by 12-26- 11-24-06 [FR E6-19861] INTERIOR DEPARTMENT 24-06 [FR E6-17818] 06; published 9-20-06 [FR 06-07963] Air quality implementation Fish and Wildlife Service Airworthiness directives: plans; approval and Migratory birds; revised list; Bombardier; comments due promulgation; various comments due by 12-29-06; by 12-29-06; published States: published 8-24-06 [FR 06- 10-30-06 [FR E6-17650] LIST OF PUBLIC LAWS Florida; comments due by 07001] EADS SOCATA; comments 12-28-06; published 11- due by 12-28-06; This is a continuing list of NATIONAL AERONAUTICS 28-06 [FR E6-20073] published 11-28-06 [FR public bills from the current AND SPACE Georgia; comments due by 06-09429] session of Congress which ADMINISTRATION 12-28-06; published 11- General Electric Co.; have become Federal laws. It 28-06 [FR E6-20141] Federal Acquisition Regulation comments due by 12-26- may be used in conjunction (FAR): Texas; comments due by 06; published 10-24-06 with ‘‘PLUS’’ (Public Laws 12-27-06; published 11- Contract debts; policies and [FR E6-17742] Update Service) on 202–741– 27-06 [FR E6-19991] procedures; comments Hartzell Propeller Inc.; 6043. This list is also due by 12-26-06; Solid wastes: comments due by 12-26- available online at http:// published 10-24-06 [FR www.archives.gov/federal- State underground storage 06; published 10-27-06 06-08806] register/laws.html. tank program approvals— [FR E6-17925] NATIONAL CREDIT UNION Short Brothers & Harland Colorado; comments due The text of laws is not ADMINISTRATION Ltd.; comments due by by 12-27-06; published published in the Federal Credit Unions: 12-28-06; published 11- 11-27-06 [FR E6-19988] Register but may be ordered 28-06 [FR 06-09427] GENERAL SERVICES Organization and in ‘‘slip law’’ (individual Sikorsky, et al.; comments ADMINISTRATION operations— pamphlet) form from the General lending maturity due by 12-29-06; Superintendent of Documents, Federal Acquisition Regulation published 10-30-06 [FR (FAR): limit and other financial U.S. Government Printing services; comments due E6-18147] Office, Washington, DC 20402 Contract debts; policies and by 12-26-06; published Teledyne Continental (phone, 202–512–1808). The procedures; comments 10-27-06 [FR E6-17835] Motors; comments due by text will also be made due by 12-26-06; 12-26-06; published 10- available on the Internet from published 10-24-06 [FR NUCLEAR REGULATORY 26-06 [FR E6-17935] GPO Access at http:// 06-08806] COMMISSION Turbomecca; comments due www.gpoaccess.gov/plaws/ Nuclear power reactors; HEALTH AND HUMAN by 12-29-06; published index.html. Some laws may approaches to risk-inform SERVICES DEPARTMENT 11-29-06 [FR E6-20229] not yet be available. and performance-base Centers for Medicare & requirements; comments TRANSPORTATION Medicaid Services H.R. 4766/P.L. 109–394 due by 12-29-06; published DEPARTMENT Medicare and Medicaid: 5-4-06 [FR E6-06745] Federal Railroad Esther Martinez Native Long term care facilities; fire PERSONNEL MANAGEMENT Administration American Languages safety requirements; OFFICE Occupational noise exposure Preservation Act of 2006 automatic sprinkler (Dec. 14, 2006; 120 Stat. Allowances and differentials: for railroad operating systems; comments due employees; comments due 2705) by 12-26-06; published Cost-of-living allowances by 12-26-06; published 10- S. 2250/P.L. 109–395 10-27-06 [FR E6-17911] (nonforeign areas)— 27-06 [FR 06-08612] Alaska, Puerto Rico, and Congressional Tribute to Dr. HEALTH AND HUMAN TREASURY DEPARTMENT SERVICES DEPARTMENT Virgin Islands; rate Norman E. Borlaug Act of changes; comments due Internal Revenue Service 2006 (Dec. 14, 2006; 120 Food and Drug by 12-26-06; published Income taxes: Stat. 2708) Administration 10-27-06 [FR E6-17950] General allocation and Human drugs: Last List December 14, 2006 STATE DEPARTMENT accounting regulations; Skin bleaching drug tax-exempt bond products; over-the-counter Deaths and estates; proceeds; comments due comments due by 12-26-06; use; comments due by by 12-26-06; published 9- Public Laws Electronic 12-27-06; published 8-29- published 10-24-06 [FR E6- 26-06 [FR 06-08202] 17591] Notification Service 06 [FR E6-14263] Correction; comments due (PENS) HOMELAND SECURITY TRANSPORTATION by 12-26-06; published DEPARTMENT DEPARTMENT 11-22-06 [FR E6-19789] Transportation Security Standard time zone TREASURY DEPARTMENT PENS is a free electronic mail boundaries: Administration Alcohol and Tobacco Tax notification service of newly Air cargo security Indiana; comments due by and Trade Bureau enacted public laws. To 12-28-06; published 11- requirements; comments Alcohol, tobacco and other subscribe, go to http:// 28-06 [FR 06-09432] due by 12-26-06; published excise taxes: listserv.gsa.gov/archives/ publaws-l.html 10-25-06 [FR 06-08904] TRANSPORTATION Cigars and cigarettes; tax DEPARTMENT HOUSING AND URBAN classification; comments Note: This service is strictly DEVELOPMENT Federal Aviation due by 12-26-06; for E-mail notification of new DEPARTMENT Administration published 10-25-06 [FR laws. The text of laws is not Public and Indian housing: Air traffic operating and flight 06-08835] available through this service. Public Housing Operating rules, etc.: Alcoholic beverages: PENS cannot respond to Fund Program; comments LaGuardia Airport, NY; Labeling and advertising, specific inquiries sent to this due by 12-26-06; congestion management major food allergen address.

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CFR CHECKLIST Title Stock Number Price Revision Date 900–End ...... (869–060–00038–1) ...... 50.00 Jan. 1, 2006 This checklist, prepared by the Office of the Federal Register, is 13 ...... (869–060–00039–9) ...... 55.00 Jan. 1, 2006 published weekly. It is arranged in the order of CFR titles, stock 14 Parts: numbers, prices, and revision dates. 1–59 ...... (869–060–00040–2) ...... 63.00 Jan. 1, 2006 An asterisk (*) precedes each entry that has been issued since last 60–139 ...... (869–060–00041–1) ...... 61.00 Jan. 1, 2006 week and which is now available for sale at the Government Printing 140–199 ...... (869–060–00042–9) ...... 30.00 Jan. 1, 2006 Office. 200–1199 ...... (869–060–00043–7) ...... 50.00 Jan. 1, 2006 A checklist of current CFR volumes comprising a complete CFR set, 1200–End ...... (869–060–00044–5) ...... 45.00 Jan. 1, 2006 also appears in the latest issue of the LSA (List of CFR Sections 15 Parts: Affected), which is revised monthly. 0–299 ...... (869–060–00045–3) ...... 40.00 Jan. 1, 2006 The CFR is available free on-line through the Government Printing 300–799 ...... (869–060–00046–1) ...... 60.00 Jan. 1, 2006 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 800–End ...... (869–060–00047–0) ...... 42.00 Jan. 1, 2006 index.html. For information about GPO Access call the GPO User 16 Parts: Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 0–999 ...... (869–060–00048–8) ...... 50.00 Jan. 1, 2006 The annual rate for subscription to all revised paper volumes is 1000–End ...... (869–060–00049–6) ...... 60.00 Jan. 1, 2006 $1195.00 domestic, $298.75 additional for foreign mailing. 17 Parts: Mail orders to the Superintendent of Documents, Attn: New Orders, 1–199 ...... (869–060–00051–8) ...... 50.00 Apr. 1, 2006 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 200–239 ...... (869–060–00052–6) ...... 60.00 Apr. 1, 2006 accompanied by remittance (check, money order, GPO Deposit 240–End ...... (869–060–00053–4) ...... 62.00 Apr. 1, 2006 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 18 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–399 ...... (869–060–00054–2) ...... 62.00 Apr. 1, 2006 charge orders to (202) 512-2250. 400–End ...... (869–060–00055–1) ...... 26.00 6 Apr. 1, 2006 Title Stock Number Price Revision Date 19 Parts: 1–140 ...... (869–060–00056–9) ...... 61.00 Apr. 1, 2006 1 ...... (869–060–00001–4) ...... 5.00 4 Jan. 1, 2006 141–199 ...... (869–060–00057–7) ...... 58.00 Apr. 1, 2006 2 ...... (869–060–00002–0) ...... 5.00 Jan. 1, 2006 200–End ...... (869–060–00058–5) ...... 31.00 Apr. 1, 2006 3 (2005 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–060–00059–3) ...... 50.00 Apr. 1, 2006 102) ...... (869–060–00003–8) ...... 35.00 1 Jan. 1, 2006 400–499 ...... (869–060–00060–7) ...... 64.00 Apr. 1, 2006 4 ...... (869–060–00004–6) ...... 10.00 Jan. 1, 2006 500–End ...... (869–060–00061–5) ...... 63.00 Apr. 1, 2006 5 Parts: 21 Parts: 1–699 ...... (869–060–00005–4) ...... 60.00 Jan. 1, 2006 1–99 ...... (869–060–00062–3) ...... 40.00 Apr. 1, 2006 700–1199 ...... (869–060–00006–2) ...... 50.00 Jan. 1, 2006 100–169 ...... (869–060–00063–1) ...... 49.00 Apr. 1, 2006 1200–End ...... (869–060–00007–1) ...... 61.00 Jan. 1, 2006 170–199 ...... (869–060–00064–0) ...... 50.00 Apr. 1, 2006 200–299 ...... (869–060–00065–8) ...... 17.00 Apr. 1, 2006 6 ...... (869–060–00008–9) ...... 10.50 Jan. 1, 2006 300–499 ...... (869–060–00066–6) ...... 30.00 Apr. 1, 2006 7 Parts: 500–599 ...... (869–060–00067–4) ...... 47.00 Apr. 1, 2006 1–26 ...... (869–060–00009–7) ...... 44.00 Jan. 1, 2006 600–799 ...... (869–060–00068–2) ...... 15.00 Apr. 1, 2006 27–52 ...... (869–060–00010–1) ...... 49.00 Jan. 1, 2006 800–1299 ...... (869–060–00069–1) ...... 60.00 Apr. 1, 2006 53–209 ...... (869–060–00011–9) ...... 37.00 Jan. 1, 2006 1300–End ...... (869–060–00070–4) ...... 25.00 Apr. 1, 2006 210–299 ...... (869–060–00012–7) ...... 62.00 Jan. 1, 2006 22 Parts: 300–399 ...... (869–060–00013–5) ...... 46.00 Jan. 1, 2006 1–299 ...... (869–060–00071–2) ...... 63.00 Apr. 1, 2006 400–699 ...... (869–060–00014–3) ...... 42.00 Jan. 1, 2006 300–End ...... (869–060–00072–1) ...... 45.00 7 Apr. 1, 2006 700–899 ...... (869–060–00015–1) ...... 43.00 Jan. 1, 2006 900–999 ...... (869–060–00016–0) ...... 60.00 Jan. 1, 2006 23 ...... (869–060–00073–9) ...... 45.00 Apr. 1, 2006 1000–1199 ...... (869–060–00017–8) ...... 22.00 Jan. 1, 2006 24 Parts: 1200–1599 ...... (869–060–00018–6) ...... 61.00 Jan. 1, 2006 0–199 ...... (869–060–00074–7) ...... 60.00 Apr. 1, 2006 1600–1899 ...... (869–060–00019–4) ...... 64.00 Jan. 1, 2006 200–499 ...... (869–060–00075–5) ...... 50.00 Apr. 1, 2006 1900–1939 ...... (869–060–00020–8) ...... 31.00 Jan. 1, 2006 500–699 ...... (869–060–00076–3) ...... 30.00 Apr. 1, 2006 1940–1949 ...... (869–060–00021–6) ...... 50.00 Jan. 1, 2006 700–1699 ...... (869–060–00077–1) ...... 61.00 Apr. 1, 2006 1950–1999 ...... (869–060–00022–4) ...... 46.00 Jan. 1, 2006 1700–End ...... (869–060–00078–0) ...... 30.00 Apr. 1, 2006 2000–End ...... (869–060–00023–2) ...... 50.00 Jan. 1, 2006 25 ...... (869–060–00079–8) ...... 64.00 Apr. 1, 2006 8 ...... (869–060–00024–1) ...... 63.00 Jan. 1, 2006 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–060–00080–1) ...... 49.00 Apr. 1, 2006 1–199 ...... (869–060–00025–9) ...... 61.00 Jan. 1, 2006 §§ 1.61–1.169 ...... (869–060–00081–0) ...... 63.00 Apr. 1, 2006 200–End ...... (869–060–00026–7) ...... 58.00 Jan. 1, 2006 §§ 1.170–1.300 ...... (869–060–00082–8) ...... 60.00 Apr. 1, 2006 10 Parts: §§ 1.301–1.400 ...... (869–060–00083–6) ...... 47.00 Apr. 1, 2006 1–50 ...... (869–060–00027–5) ...... 61.00 Jan. 1, 2006 §§ 1.401–1.440 ...... (869–060–00084–4) ...... 56.00 Apr. 1, 2006 51–199 ...... (869–060–00028–3) ...... 58.00 Jan. 1, 2006 §§ 1.441–1.500 ...... (869–060–00085–2) ...... 58.00 Apr. 1, 2006 200–499 ...... (869–060–00029–1) ...... 46.00 Jan. 1, 2006 §§ 1.501–1.640 ...... (869–060–00086–1) ...... 49.00 Apr. 1, 2006 500–End ...... (869–060–00030–5) ...... 62.00 Jan. 1, 2006 §§ 1.641–1.850 ...... (869–060–00087–9) ...... 61.00 Apr. 1, 2006 §§ 1.851–1.907 ...... (869–060–00088–7) ...... 61.00 Apr. 1, 2006 11 ...... (869–060–00031–3) 41.00 Jan. 1, 2006 §§ 1.908–1.1000 ...... (869–060–00089–5) ...... 60.00 Apr. 1, 2006 12 Parts: §§ 1.1001–1.1400 ...... (869–060–00090–9) ...... 61.00 Apr. 1, 2006 1–199 ...... (869–060–00032–1) ...... 34.00 Jan. 1, 2006 §§ 1.1401–1.1550 ...... (869–060–00091–2) ...... 58.00 Apr. 1, 2006 200–219 ...... (869–060–00033–0) ...... 37.00 Jan. 1, 2006 §§ 1.1551–End ...... (869–060–00092–5) ...... 50.00 Apr. 1, 2006 220–299 ...... (869–060–00034–8) ...... 61.00 Jan. 1, 2006 2–29 ...... (869–060–00093–3) ...... 60.00 Apr. 1, 2006 300–499 ...... (869–060–00035–6) ...... 47.00 Jan. 1, 2006 30–39 ...... (869–060–00094–1) ...... 41.00 Apr. 1, 2006 500–599 ...... (869–060–00036–4) ...... 39.00 Jan. 1, 2006 40–49 ...... (869–060–00095–0) ...... 28.00 Apr. 1, 2006 600–899 ...... (869–060–00037–2) ...... 56.00 Jan. 1, 2006 50–299 ...... (869–060–00096–8) ...... 42.00 Apr. 1, 2006

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–060–00097–6) ...... 61.00 Apr. 1, 2006 63 (63.6580–63.8830) .... (869–060–00150–6) ...... 32.00 July 1, 2006 500–599 ...... (869–060–00098–4) ...... 12.00 5 Apr. 1, 2006 63 (63.8980–End) ...... (869–060–00151–4) ...... 35.00 July 1, 2006 600–End ...... (869–060–00099–2) ...... 17.00 Apr. 1, 2006 64–71 ...... (869–060–00152–2) ...... 29.00 July 1, 2006 27 Parts: 72–80 ...... (869–060–00153–1) ...... 62.00 July 1, 2006 1–399 ...... (869–060–00100–0) ...... 64.00 Apr. 1, 2006 81–85 ...... (869–060–00154–9) ...... 60.00 July 1, 2006 400–End ...... (869–060–00101–8) ...... 18.00 Apr. 1, 2006 86 (86.1–86.599–99) ...... (869–060–00155–7) ...... 58.00 July 1, 2006 86 (86.600–1–End) ...... (869–060–00156–5) ...... 50.00 July 1, 2006 28 Parts: ...... 87–99 ...... (869–060–00157–3) ...... 60.00 July 1, 2006 0–42 ...... (869–060–00102–6) ...... 61.00 July 1, 2006 100–135 ...... (869–060–00158–1) ...... 45.00 July 1, 2006 43–End ...... (869–060–00103–4) ...... 60.00 July 1, 2006 136–149 ...... (869–060–00159–0) ...... 61.00 July 1, 2006 29 Parts: 150–189 ...... (869–060–00160–3) ...... 50.00 July 1, 2006 0–99 ...... (869–060–00104–2) ...... 50.00 July 1, 2006 190–259 ...... (869–060–00161–1) ...... 39.00 July 1, 2006 100–499 ...... (869–060–00105–1) ...... 23.00 July 1, 2006 260–265 ...... (869–060–00162–0) ...... 50.00 July 1, 2006 500–899 ...... (869–060–00106–9) ...... 61.00 July 1, 2006 266–299 ...... (869–060–00163–8) ...... 50.00 July 1, 2006 900–1899 ...... (869–060–00107–7) ...... 36.00 July 1, 2006 300–399 ...... (869–060–00164–6) ...... 42.00 July 1, 2006 1900–1910 (§§ 1900 to 400–424 ...... (869–060–00165–4) ...... 56.00 July 1, 2006 1910.999) ...... (869–060–00108–5) ...... 61.00 July 1, 2006 425–699 ...... (869–060–00166–2) ...... 61.00 July 1, 2006 1910 (§§ 1910.1000 to 700–789 ...... (869–060–00167–1) ...... 61.00 July 1, 2006 end) ...... (869–060–00109–3) ...... 46.00 July 1, 2006 790–End ...... (869–060–00168–9) ...... 61.00 July 1, 2006 1911–1925 ...... (869–060–00110–7) ...... 30.00 July 1, 2006 41 Chapters: 1926 ...... (869–060–00111–5) ...... 50.00 July 1, 2006 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1927–End ...... (869–060–00112–3) ...... 62.00 July 1, 2006 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 ...... (869–060–00113–1) ...... 57.00 July 1, 2006 7 ...... 6.00 3 July 1, 1984 200–699 ...... (869–060–00114–0) ...... 50.00 July 1, 2006 8 ...... 4.50 3 July 1, 1984 700–End ...... (869–060–00115–8) ...... 58.00 July 1, 2006 9 ...... 13.00 3 July 1, 1984 10–17 ...... 9.50 3 July 1, 1984 31 Parts: 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 0–199 ...... (869–060–00116–6) ...... 41.00 July 1, 2006 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 200–499 ...... (869–060–00117–4) ...... 46.00 July 1, 2006 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 500–End ...... (869–060–00118–2) ...... 62.00 July 1, 2006 19–100 ...... 13.00 3 July 1, 1984 32 Parts: 1–100 ...... (869–060–00169–7) ...... 24.00 July 1, 2006 1–39, Vol. I ...... 15.00 2 July 1, 1984 101 ...... (869–060–00170–1) ...... 21.00 8 July 1, 2006 1–39, Vol. II ...... 19.00 2 July 1, 1984 102–200 ...... (869–060–00171–9) ...... 56.00 July 1, 2006 1–39, Vol. III ...... 18.00 2 July 1, 1984 201–End ...... (869–060–00172–7) ...... 24.00 July 1, 2006 ...... 1–190 (869–060–00119–1) 61.00 July 1, 2006 42 Parts: 191–399 ...... (869–060–00120–4) ...... 63.00 July 1, 2006 *1–399 ...... (869–060–00173–5) ...... 61.00 Oct. 1, 2006 400–629 ...... (869–060–00121–2) ...... 50.00 July 1, 2006 400–429 ...... (869–056–00174–6) ...... 63.00 Oct. 1, 2005 630–699 ...... (869–060–00122–1) ...... 37.00 July 1, 2006 *414–429 ...... (869–060–00175–1) ...... 32.00 Oct. 1, 2006 700–799 ...... (869–060–00123–9) ...... 46.00 July 1, 2006 *430–End ...... (869–060–00176–0) ...... 64.00 Oct. 1, 2006 800–End ...... (869–060–00124–7) ...... 47.00 July 1, 2006 43 Parts: 33 Parts: 1–999 ...... (869–056–00176–2) ...... 56.00 Oct. 1, 2005 1–124 ...... (869–060–00125–5) ...... 57.00 July 1, 2006 1000–end ...... (869–060–00178–6) ...... 62.00 Oct. 1, 2006 125–199 ...... (869–060–00126–3) ...... 61.00 July 1, 2006 200–End ...... (869–060–00127–1) ...... 57.00 July 1, 2006 44 ...... (869–060–00179–4) ...... 50.00 Oct. 1, 2006 34 Parts: 45 Parts: 1–299 ...... (869–060–00128–0) ...... 50.00 July 1, 2006 1–199 ...... (869–060–00180–8) ...... 60.00 Oct. 1, 2006 300–399 ...... (869–060–00129–8) ...... 40.00 July 1, 2006 200–499 ...... (869–060–00181–6) ...... 34.00 Oct. 1, 2006 400–End & 35 ...... (869–060–00130–1) ...... 61.00 8 July 1, 2006 500–1199 ...... (869–060–00182–4) ...... 56.00 Oct. 1, 2006 1200–End ...... (869–060–00183–2) ...... 61.00 Oct. 1, 2006 36 Parts: 1–199 ...... (869–060–00131–0) ...... 37.00 July 1, 2006 46 Parts: 200–299 ...... (869–060–00132–8) ...... 37.00 July 1, 2006 *1–40 ...... (869–060–00184–1) ...... 46.00 Oct. 1, 2006 300–End ...... (869–060–00133–6) ...... 61.00 July 1, 2006 41–69 ...... (869–060–00185–9) ...... 39.00 10 Oct. 1, 2006 70–89 ...... (869–060–00186–7) ...... 14.00 Oct. 1, 2006 37 ...... (869–060–00134–4) ...... 58.00 July 1, 2006 90–139 ...... (869–060–00187–5) ...... 44.00 Oct. 1, 2006 38 Parts: 140–155 ...... (869–060–00188–3) ...... 25.00 Oct. 1, 2006 0–17 ...... (869–060–00135–2) ...... 60.00 July 1, 2006 156–165 ...... (869–060–00189–1) ...... 34.00 Oct. 1, 2006 18–End ...... (869–060–00136–1) ...... 62.00 July 1, 2006 166–199 ...... (869–060–00190–5) ...... 46.00 Oct. 1, 2006 ...... 39 ...... (869–060–00137–9) ...... 42.00 July 1, 2006 200–499 (869–060–00191–3) 40.00 Oct. 1, 2006 500–End ...... (869–060–00192–1) ...... 25.00 Oct. 1, 2006 40 Parts: 47 Parts: 1–49 ...... (869–060–00138–7) ...... 60.00 July 1, 2006 ...... 50–51 ...... (869–060–00139–5) ...... 45.00 July 1, 2006 0–19 (869–056–00192–4) 61.00 Oct. 1, 2005 ...... 52 (52.01–52.1018) ...... (869–060–00140–9) ...... 60.00 July 1, 2006 20–39 (869–060–00194–8) 46.00 Oct. 1, 2006 ...... 52 (52.1019–End) ...... (869–060–00141–7) ...... 61.00 July 1, 2006 40–69 (869–056–00194–1) 40.00 Oct. 1, 2005 ...... 53–59 ...... (869–060–00142–5) ...... 31.00 July 1, 2006 70–79 (869–056–00195–9) 61.00 Oct. 1, 2005 ...... 60 (60.1–End) ...... (869–060–00143–3) ...... 58.00 July 1, 2006 80–End (869–060–00197–2) 61.00 Oct. 1, 2006 60 (Apps) ...... (869–060–00144–7) ...... 57.00 July 1, 2006 48 Chapters: 61–62 ...... (869–060–00145–0) ...... 45.00 July 1, 2006 1 (Parts 1–51) ...... (869–056–00197–5) ...... 63.00 Oct. 1, 2005 63 (63.1–63.599) ...... (869–060–00146–8) ...... 58.00 July 1, 2006 1 (Parts 52–99) ...... (869–056–00198–3) ...... 49.00 Oct. 1, 2005 63 (63.600–63.1199) ...... (869–060–00147–6) ...... 50.00 July 1, 2006 2 (Parts 201–299) ...... (869–060–00200–6) ...... 50.00 Oct. 1, 2006 63 (63.1200–63.1439) .... (869–060–00148–4) ...... 50.00 July 1, 2006 3–6 ...... (869–060–00201–4) ...... 34.00 Oct. 1, 2006 63 (63.1440–63.6175) .... (869–060–00149–2) ...... 32.00 July 1, 2006 7–14 ...... (869–060–00202–2) ...... 56.00 Oct. 1, 2006

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Title Stock Number Price Revision Date 15–28 ...... (869–056–00202–5) ...... 47.00 Oct. 1, 2005 29–End ...... (869–060–00204–9) ...... 47.00 Oct. 1, 2006 49 Parts: 1–99 ...... (869–060–00205–7) ...... 60.00 Oct. 1, 2006 100–185 ...... (869–056–00205–0) ...... 63.00 Oct. 1, 2005 *186–199 ...... (869–060–00207–3) ...... 23.00 Oct. 1, 2006 200–299 ...... (869–056–00207–6) ...... 32.00 Oct. 1, 2005 *300–399 ...... (869–060–00209–0) ...... 32.00 Oct. 1, 2006 400–599 ...... (869–056–00209–2) ...... 64.00 Oct. 1, 2005 600–999 ...... (869–056–00210–6) ...... 19.00 Oct. 1, 2005 1000–1199 ...... (869–060–00212–0) ...... 28.00 Oct. 1, 2006 1200–End ...... (869–056–00212–2) ...... 34.00 Oct. 1, 2005 50 Parts: 1–16 ...... (869–060–00214–6) ...... 11.00 9 Oct. 1, 2006 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) ...... (869–060–00217–1) ...... 61.00 Oct. 1, 2006 17.99(i)–end and 17.100–end ...... (869–060–00218–9) ...... 47.00 9 Oct. 1, 2006 18–199 ...... (869–056–00218–1) ...... 50.00 Oct. 1, 2005 200–599 ...... (869–056–00218–1) ...... 45.00 Oct. 1, 2005 600–End ...... (869–056–00219–0) ...... 62.00 Oct. 1, 2005 CFR Index and Findings Aids ...... (869–060–00050–0) ...... 62.00 Jan. 1, 2006 Complete 2006 CFR set ...... 1,398.00 2006 Microfiche CFR Edition: Subscription (mailed as issued) ...... 332.00 2006 Individual copies ...... 4.00 2006 Complete set (one-time mailing) ...... 325.00 2005 Complete set (one-time mailing) ...... 325.00 2004 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2005, through January 1, 2006. The CFR volume issued as of January 1, 2005 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2006. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 2005, through April 1, 2006. The CFR volume issued as of April 1, 2004 should be retained. 7 No amendments to this volume were promulgated during the period April 1, 2005, through April 1, 2006. The CFR volume issued as of April 1, 2005 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2005, through July 1, 2006. The CFR volume issued as of July 1, 2005 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2005, through October 1, 2006. The CFR volume issued as of October 1, 2005 should be retained.

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