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i II Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005
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Contents Federal Register Vol. 70, No. 246
Friday, December 23, 2005
Agricultural Marketing Service Coast Guard RULES NOTICES Agricultural Marketing Act; miscellaneous marketing Agency information collection activities; proposals, practices: submissions, and approvals, 76319–76320 USDA farmers market; operating procedures, 76129– Anchorage regulations: 76133 Louisiana; meeting, 76320–76321
Agriculture Department Commerce Department See Agricultural Marketing Service See International Trade Administration See Animal and Plant Health Inspection Service See National Institute of Standards and Technology See Commodity Credit Corporation See National Oceanic and Atmospheric Administration See Forest Service
Animal and Plant Health Inspection Service Committee for Purchase From People Who Are Blind or RULES Severely Disabled Plant-related quarantine, foreign: NOTICES Fragrant pears from China; importation, 76133–76140 Procurement list; additions and deletions, 76233–76234
Army Department Committee for the Implementation of Textile Agreements See Engineers Corps NOTICES NOTICES Cotton, wool, and man-made textiles: Agency information collection activities; proposals, Belarus; correction, 76356 submissions, and approvals, 76260–76262
Arts and Humanities, National Foundation Commodity Credit Corporation See National Foundation on the Arts and the Humanities NOTICES Grants and cooperative agreements; availability, etc.: Blind or Severely Disabled, Committee for Purchase From Technical Assistance for Specialty Crops Program, People Who Are 76230–76231 See Committee for Purchase From People Who Are Blind or Severely Disabled Defense Department See Army Department Centers for Medicare & Medicaid Services See Engineers Corps RULES Medicare: Electronic Prescription Drug Program; voluntary Medicare Education Department prescription drug benefit NOTICES Correction, 76198–76199 Grants and cooperative agreements; availability, etc.: Home health agencies; outcome and assessment Postsecondary education— information set (OASIS) data; reporting as part of Educational Opportunity Centers Program, 76264– participation conditions, 76199–76208 76267 Hospice wage index (FY 2006) Safe and drug-free schools programs— Correction, 76175–76176 College students high-risk drinking or violent behavior Hospital outpatient prospective payment system and prevention, 76267–76270 2006 CY payment rates Correction, 76176–76196 Energy Department Medicare Advantage Program See Federal Energy Regulatory Commission Correction, 76196–76198 NOTICES NOTICES Meetings: Agency information collection activities; proposals, Environmental Management Site-Specific Advisory submissions, and approvals, 76288–76290 Board— Medicaid and Medicare: Northern New Mexico, 76270–76271 Program issuances and coverage decisions; quarterly Oak Ridge Reservation, TN, 76272 listing, 76290–76313 Savannah River Site, SC, 76271–76272 Meetings: Ambulatory Payment Classification Groups Advisory Panel, 76313–76315 Engineers Corps Hospital inpatient perspective payment system; NOTICES applications for new medical services and Environmental statements; availability, etc.: technologies add-on payments, 76315–76317 Riverside and San Bernardino Counties, CA; Prado Basin Medicare Education Advisory Panel, 76317–76318 Master Plan, 76262–76264
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Environmental Protection Agency Applications, hearings, determinations, etc.: RULES Anaheim, CA, 76272 Air quality implementation plans; approval and Duke Energy Marketing America, LLC, et al., 76272– promulgation; various States; air quality planning 76273 purposes; designation of areas: Eastern Shore Natural Gas Co., 76273 Virginia, 76165–76168 Exelon Corp. et al., 76273 Solid waste: ISO New England Inc., 76273–76274 Hazardous waste; identification and listing— Natural Gas Pipeline Co. of America, 76274 Exclusions, 76168–76174 Northern Natural Gas Co., 76274 PROPOSED RULES Northwest Pipeline Corp., 76274–76275 Pesticides; tolerances in food, animal feeds, and raw Panhandle Eastern Pipe Line Co., LP, 76275 agricultural commodities: Stand Energy Corp., 76275–76276 Benzaldehyde, etc., 76224–76228 Tennessee Gas Pipeline Co. et al., 76276–76277 NOTICES Texas Gas Transmission, LLC, 76277 Environmental statements; availability, etc.: Wyckoff Gas Storage Co. LLC, 76277–76278 Agency comment availability, 76281 Wyoming Interstate Co., Ltd., 76278 Agency weekly receipts, 76281–76282 Grants and cooperative agreements; availability, etc.: State Innovation Program, 76282–76283 Federal Highway Administration Reports and guidance documents; availability, etc.: NOTICES Environmental Economics Research Strategy, 76283– Committees; establishment, renewal, termination, etc.: 76284 Motorcyclist Advisory Council, 76352–76353 Superfund; response and remedial actions, proposed Environmental statements; notice of intent: settlements, etc.: Milwaukee, Racine, and Kenosha Counties, WI and Lake A&H Sales Site, FL, 76284 County, IL, 76353–76354 Toxic and hazardous substances control: Interagency Testing Committee report— Federal Reserve System Receipt and comment request, 76358–76360 NOTICES Water pollution control: Banks and bank holding companies: National Pollutant Discharge Elimination System— Change in bank control, 76286–76287 Various regions; stormwater discharges from industrial Formations, acquisitions, and mergers, 76287 activities; general permits; comment extension, Permissible nonbanking activities, 76287 76285–76286 Equal Employment Opportunity Commission Fish and Wildlife Service NOTICES NOTICES Meetings; Sunshine Act, 76286 Comprehensive conservation plans; availability, etc.: Maxwell National Wildlife Refuge, NM, 76323–76325 Executive Office of the President Endangered and threatened species and marine mammal See Management and Budget Office permit determinations, etc., 76253 See Presidential Documents See Science and Technology Policy Office Food and Drug Administration Federal Aviation Administration RULES RULES Animal drugs, feeds, and related products: Area navigation routes; correction, 76140 Moxidectin, 76163 Class B, C, and D airspace, 76140–76147 Food for human consumption: Prohibited areas, 76148–76149 Food labeling— NOTICES Soluble dietary fiber and coronary heart disease; health Passenger facility charges; applications, etc.: claims, 76150–76162 Key West International Airport, FL, et al., 76344–76349 NOTICES Pittsburgh International Airport, PA, et al., 76349–76352 Agency information collection activities; proposals, submissions, and approvals, 76318–76319 Federal Communications Commission RULES Forest Service Common carrier services: NOTICES Individuals with hearing and speech disabilities; Appealable decisions; legal notice: telecommunications relay services and speech-to- Alaska Region, 76232 speech services, 76208–76216 Meetings: Federal Energy Regulatory Commission Resource Advisory Committees— Wrangell-Petersburg, 76232 NOTICES Electric rate and corporate regulation combined filings, Southwest Washington Provincial Advisory Committee, 76278–76280 76233 Environmental statements; availability, etc.: East Tennessee Natural Gas, L.L.C., 76280 Health and Human Services Department Meetings: See Centers for Medicare & Medicaid Services Texas Gas Transmission, LLC; technical conference, See Food and Drug Administration 76281 See Health Resources and Services Administration
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NOTICES Management and Budget Office Reports and guidance documents; availability, etc.: NOTICES Consolidated Health Informatics initiative; Federal health Reports and guidance documents; availability, etc.: informsation technology systems; vocabulary Good guidance practices bulletin; comment request, standards, 76287–76288 76333
Health Resources and Services Administration National Aeronautics and Space Administration RULES NOTICES Grant appeal process; simplification, 76174–76175 Agency information collection activities; proposals, submissions, and approvals, 76327–76330 Homeland Security Department See Coast Guard National Credit Union Administration See Transportation Security Administration NOTICES See U.S. Citizenship and Immigration Services Grants and cooperative agreements; availability, etc.: Community Development Revolving Loan Fund Program, Housing and Urban Development Department 76330 RULES Community development block grants: National Foundation on the Arts and the Humanities Job-pirating activities; block grant assistance use NOTICES prohibition, 76362–76371 Agency information collection activities; proposals, NOTICES submissions, and approvals, 76330–76331 Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 76323 National Institute of Standards and Technology NOTICES Indian Affairs Bureau Grants and cooperative agreements; availability, etc.: NOTICES Small grants programs, 76241–76252 Environmental statements; notice of intent: Oneida Indian Nation, Oneida and Madison Counties, National Oceanic and Atmospheric Administration NY; fee-to-trust transfer of land, 76325 RULES Fishery conservation and management: Interior Department Caribbean, Gulf, and South Atlantic fisheries— See Fish and Wildlife Service Gulf of Mexico essential fish habitat, 76216–76220 See Indian Affairs Bureau NOTICES See Land Management Bureau Coastal zone management programs and estuarine NOTICES sanctuaries: Meetings: State programs— Exxon Valdez Oil Spill Trustee Council, 76323 Intent to evaluate performance, 76252–76253 Endangered and threatened species and marine mammal permit determinations, etc., 76253 International Trade Administration Grants and cooperative agreements; availability, etc.: NOTICES 2006 FY funds availability; omnibus notice, 76253–76259 Antidumping: Meetings: Malleable iron pipe fittings from— Gulf of Mexico Fishery Management Council, 76259– China, 76234–76241 76260 Meetings: Environmental Technologies Trade Advisory Committee, 76241 Nuclear Regulatory Commission NOTICES Justice Department Environmental statements; availability, etc.: Food and Drug Administration, Center for Devices and See Justice Programs Office RULES Radiological Health, Rockville, MD, 76331–76332 Organization, functions, and authority delegations: Meetings: Professional Responsibility Advisory Office, 76163–76165 Reactor Safeguards Advisory Committee, 76332–76333 Applications, hearings, determinations, etc.: System Energy Resources, Inc., 76331 Justice Programs Office NOTICES Agency information collection activities; proposals, Office of Management and Budget submissions, and approvals, 76326–76327 See Management and Budget Office
Land Management Bureau Overseas Private Investment Corporation NOTICES NOTICES Environmental statements; availability, etc.: Meetings; Sunshine Act, 76333–76334 Imperial Irrigation District’s Desert Southwest Transmission Line Project, CA, 76325–76326 Personnel Management Office Oil and gas leases: NOTICES Utah, 76326 Excepted service; positions placed or revoked, 76334–76336
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Pipeline and Hazardous Materials Safety Administration Meetings: PROPOSED RULES Aviation Security Advisory Committee, 76322 Food safety regulations: Safeguarding food from contamination during Treasury Department transportation; withdrawn, 76228–76229 See United States Mint Presidential Documents ADMINISTRATIVE ORDERS U.S. Citizenship and Immigration Services Government agencies and employees: NOTICES National Intelligence, Office of the Director of; order of Agency information collection activities; proposals, succession of officers to act as Director submissions, and approvals, 76322–76323 (Memorandum of December 20, 2005), 76373–76376 United States Mint Science and Technology Policy Office NOTICES NOTICES Meetings: Meetings: Citizens Coinage Advisory Committee, 76355 President’s Council of Advisors on Science and Technology, 76286 Veterans Affairs Department Securities and Exchange Commission PROPOSED RULES NOTICES Disabilities rating schedule: Meetings; Sunshine Act, 76336 Substantially gainful employment, inability of individual Self-regulatory organizations; proposed rule changes: to engage in; total disability ratings; withdrawn, New York Stock Exchange, Inc., 76336–76344 76221 Legal services, General Counsel, and miscellaneous claims: State Department Service organization representatives and agents; NOTICES accreditation, 76221–76224 Culturally significant objects imported for exhibition determinations: Edvard Munch: The Modern Life of the Soul, 76344 Separate Parts In This Issue Surface Transportation Board NOTICES Part II Rail carriers: Environmental Protection Agency, 76358–76360 Cost recovery procedures— Adjustment factor, 76354 Part III Railroad operation, acquisition, construction, control, etc.: Housing and Urban Development Department, 76362–76371 Fulton Railway Co., Ltd., 76354–76355 Textile Agreements Implementation Committee Part IV See Committee for the Implementation of Textile Executive Office of the President, Presidential Documents, Agreements 76373–76376 Transportation Department See Federal Aviation Administration Reader Aids See Federal Highway Administration See Pipeline and Hazardous Materials Safety Consult the Reader Aids section at the end of this issue for Administration phone numbers, online resources, finding aids, reminders, See Surface Transportation Board and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Transportation Security Administration LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Committees; establishment, renewal, termination, etc.: archives, FEDREGTOC-L, Join or leave the list (or change Aviation Security Advisory Committee, 76321–76322 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 Administrative Orders: Memorandums: Memorandum of December 20, 2005 ...... 76374 7 CFR 170...... 76129 319...... 76133 14 CFR 71 (2 documents) ...... 76140 73...... 76148 21 CFR 101...... 76150 520...... 76163 556...... 76163 24 CFR 570...... 76362 28 CFR 0...... 76163 38 CFR Proposed Rules: 3...... 76221 4...... 76221 14...... 76221 40 CFR 52...... 76165 81...... 76165 261...... 76168 Proposed Rules: 180...... 76224 42 CFR 50...... 76174 418...... 76175 419...... 76176 422...... 76196 423...... 76198 484...... 76199 485...... 76176 47 CFR 64...... 76208 49 CFR Proposed Rules: Ch. I ...... 76228 50 CFR 622...... 76216
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Rules and Regulations Federal Register Vol. 70, No. 246
Friday, December 23, 2005
This section of the FEDERAL REGISTER comments on proposed USDA Farmers guidelines that applied only to the contains regulatory documents having general Market guidelines and information USDA Farmers Market at headquarters applicability and legal effect, most of which collection, Published February 17, 2005 on the corner of 12th Street and are keyed to and codified in the Code of [70 FR 8040]. Independence Avenue, SW., Federal Regulations, which is published under Washington, DC. 50 titles pursuant to 44 U.S.C. 1510. Executive Order 12866 Summary of Comments The Code of Federal Regulations is sold by This rule has been determined to be the Superintendent of Documents. Prices of not significant for the purposes of Six (6) comments were received from new books are listed in the first FEDERAL Executive Order 12866 and, therefore, the public; two by mail, the remaining REGISTER issue of each week. has not been reviewed by the office of by e-mail. Of the six comments Management and Budget. received, three (3) were from students from Tufts University, one (1) was from Executive Order 13132 DEPARTMENT OF AGRICULTURE an individual, and the remaining two (2) AMS has analyzed this rule under provided no comments on the proposed Agricultural Marketing Service Executive Order 13132, Federalism, and rule. have determined that it does not have Three of the four significant 7 CFR Part 170 Federalism implications to warrant the comments were supportive of AMS’s preparation of a Federalism assessment [Docket No. TM–04–09] efforts and the proposed guidelines and under that order. procedures. The commenters also RIN 0581–AC39 Background indicated that the information collection was necessary and ensured the Agency’s USDA Farmers Market Operating The Agricultural Marketing Act of performance of its responsibility to Procedures 1946 authorizes this final rule. The Act properly maintain a functioning market. directs and authorizes the Secretary of AGENCY: Agricultural Marketing Service, The comments received fall largely Agriculture to conduct, assist, and foster USDA. into a broad category that involves research, investigation, and ACTION: Final rule. administrative and procedural issues. experimentation to determine the best One issue addresses the USDA Farmers SUMMARY: The Agricultural Marketing methods of processing, preparation for Market hours of operation, the second Service (AMS) is publishing procedures market packaging, handling, involves the data collection estimated to administer the U.S. Department of transporting, distributing, and time requirement, and the third Agriculture (USDA) Farmers Market at marketing agricultural products, 7 addresses where products sold at the 12th Street & Independence Avenue, U.S.C. 1622(a). Moreover, 7 U.S.C. market come or are produced from. SW., Washington, DC. These procedures 1622(f) directs and authorizes the Secretary to conduct and cooperate in USDA Farmers Market Hours of allow AMS the means to demonstrate Operation and experiment with direct marketing consumer education for more effective techniques (operate a farmers market), utilization and greater consumption of Two commenters thought that the while at the same time educating agricultural products. In addition, 7 hours of operation, 10 a.m.–2 p.m., were consumers on the significance of small U.S.C. 1622(n) authorizes the Secretary too short or inconvenient for those in farms, the nutritional benefits of fresh to conduct services and to perform the immediate vicinity of the market. fruits and vegetables, and the merits of activities that will facilitate the This rule applies only to the USDA food recovery. This final rule includes marketing and utilization of agricultural Farmers Market at USDA headquarters guidelines for the establishment of products through commercial channels. just outside of the USDA complex vendor criteria, selection procedures, Pursuant to 7 CFR 2.79, the Under buildings in Washington, DC. There are and guidelines for governing the Secretary for Marketing and Regulatory four USDA complex buildings: the operation of the USDA Farmers Market. Programs has re-delegated these USDA Whitten and South buildings, Also established is a one-time yearly authorities to the Administrator of AMS. located on either side of the submission information collection in a On February 17, 2005, AMS Independence Avenue, SW., between required application form. published a proposed rule in the 14th and 12th Streets; the third, USDA Federal Register [70 FR 8040] inviting Cotton Annex, located at the corner of DATES: Effective December 23, 2005. comments on a proposal of guidelines to 12th and C Streets; and the fourth, the FOR FURTHER INFORMATION CONTACT: establish (a) Procedures to administer USDA Forestry building, is located on Errol R. Bragg, Associate Deputy the USDA Farmers Market at 12th Street the corner of 14th and Independence. Administrator, Marketing Services & Independence Avenue, SW., The USDA Farmers Market, operating Branch, Transportation and Marketing Washington, DC; (b) rules for the June-October annually, is located in a Programs, Agricultural Marketing establishment of vendor criteria, parking area at the corner of 12th Street Service (AMS), USDA, Room 2646- selection procedures, and guidelines for and Independence Avenue, SW., South, 1400 Independence Avenue, governing the operation of the USDA Washington, DC. SW., Washington, DC, 20250; 202/720– Farmers Market; and (c) a one-time There is a ‘‘mall’’ area on the other 8317, fax 202/690–0031; or e-mail at yearly submission information side of the USDA Whitten building, [email protected]. collection in the form of a required which is a large grassy area which SUPPLEMENTARY INFORMATION: Prior application form. extends between the Washington published document in this proceeding: Interested parties were provided 60 Monument and the U.S. Capital Proposed Rule and invitation for days to comment on the proposed building. Buildings on the opposite side
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of this mall area are Smithsonian Although not required for in the constraints of space available at museums. participation, AMS also requests the the market site as defined in section The remaining closest buildings in the number of farm acreage (numeric 170.12. The criteria include: vicinity of the USDA Farmers Market response), whether the farm is certified (a) The participant must be a and USDA complex are office buildings organic (yes/no response), and whether producer-only farmer or producer, seller and museums: The Holocaust Museum, liability insurance coverage (name of of value-added products, or specialized a Smithsonian museum, the Department company) is maintained on the product non-produce vendor, as defined in of Energy, and two U.S. Treasury and farm (yes/no responses). section 170.4. buildings. The farm acreage information is (b) AMS selects participants to ensure The majority of shopping customers at gathered to ensure that vendors can and that a balanced mix of wide range of the USDA Farmers Market are Federal are producing the products provided on fresh farm fresh fruits and vegetables employees working in this immediate the application. AMS also visits farm will be maintained throughout the vicinity and tourists visiting various locations to verify compliance with season. museums in the area. market criteria and guidelines. (c) Participants should commit to Beginning with the first market in Information regarding certified organic supporting the USDA food gleaning/ 1996, the USDA Farmers Market farms is gathered to assist market food recovery initiative. This operation hours of 10 a.m.–2 p.m. were managers in determining a diverse mix commitment requires farmers and mutually agreed upon by participating of products offered. The insurance vendors to donate surplus food and food farmers and AMS. Federal employees liability coverage information, which products at the end of each market day generally ventured from work to the includes off-farm liability insurance and to a local nonprofit organization market just before, during, and after product liability insurance, is asked to identified by USDA. lunch hours from 11 a.m.–1:30 p.m. protect USDA from lawsuits and (d) Participants must commit to the This shopping pattern remains customers from financial harm caused entire market season and be willing to unchanged. by accidents. This information is participate on a regular basis. Farmers participating in the market gathered only for AMS’s records. (e) AMS reserves the right to select drive in from Virginia, Maryland, and Lastly a list of over 45 fruits, several farmers or vendors based on Pennsylvania. Generally speaking, vegetables, and other products has been previous participation in the program traffic into and out of Washington, DC provided on each form. Farmers are (grandfather provision), consistency in is much lighter just after 9 a.m. and asked to provide the month the providing quality products, and before 3 p.m. The one hour window, corresponding products will be compliance with operating guidelines. from 2–3 p.m. in the afternoon, allows available for sale at the market. This participating farmers and other vendors information provides AMS with AMS also provides the USDA Farmers an opportunity to break-down their information about the type, variety, and Market operating guidelines (section tents, pack-up or glean any remaining availability of products during the 170.13) to each participant, and visits food items, clean-up their assigned months of June–October. farms/businesses as necessary. selling market spaces, and leave before AMS began the voluntary use of this Because AMS is involved in the traffic begins to increase. form in 1998 and rarely does the farmer/vendor selection and visits these With this information in mind, the 10 information requested require farmers local farm operations, we do not agree a.m.–2 p.m. hours of operation was and and vendors to look-up their responses. that products brought to the market will is the logical choice for farmers and AMS plans to make no changes to the be produced from China. visiting employee customers in the estimated time burden for participants Paperwork Reduction Act vicinity. AMS plans no changes to the to complete the application form. The market’s hours of operation from 10 questions are general in nature and each In accordance with Office of a.m.–2 p.m. farmer should already know his or her Management and Budget (OMB) responses. regulations [5 CFR 1320], which Estimated Time Required for Data implement the Paperwork Reduction Collection Products Sold at the USDA Farmers Act of 1995 (44 U.S.C. Chapter 35), the One commenter was concerned that Market information collection and the new information collection, the One commenter expressed concern recordkeeping requirements that are required USDA Farmers Market regarding whether the products imposed by this rule were submitted Application form, would take longer produced from China would make their and approved by OMB under 0581– than an average of 0.08 hours or 4.8 way into this market. 0229. An Agency may not conduct or minutes to complete. AMS recruits farmers and vendors sponsor, and a person is not required to Specifically, the information through local farm organizations in the respond to, a collection of information requested on the application form Washington DC metropolitan area and unless the collection of information includes contact information including State Departments of Agriculture in the displays a valid control number. the farmer and farm names, other farm mid-Atlantic region including, Virginia, Form TM–28, USDA Farmers Market employees, and the farm mailing West Virginia, Maryland, Delaware, and Application, was described in the address, phone, and e-mail. This Pennsylvania. Upon receiving a list of proposed rule as requiring a one-time information is critical for AMS to potential farmers and vendors from the yearly submission of the information on provide timely information to each organizations and the State Departments the application with information on farmer about the market’s operating of Agriculture, an information packet, contacts, farm location, type of farming guidelines. Additionally, an unexpected which includes an application and this operation, types of products grown, and condition such as weather related rule, is mailed to each potential business practices, including insurance storms or other security issues could participant identified by the contacts. coverage. This signed application also require AMS to close the market. AMS utilizes selection criteria provides a list of over 45 fruits, Should this ever happen in the future, designed to ensure a consistently high vegetables, and other products produced AMS will be able to contact each farmer level of quality and diverse products are by farmers and the months the prior to the date of the closure. available at the market, while operating corresponding products, as requested
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for AMS to know when products will be applying for and participating in the Market is a producer-only market since available for sale at the market. program only minimum requirements only farmers who may sell products that As a result of the comments received, necessary for proper administration and they grow or produce will be selected the USDA Farmers Market Application oversight of this program. Therefore, a for participation. It also allows the sale has been revised to clarify two existing regulatory flexibility analysis is not of value-added products and other requests for information. required and was not performed. specialized non-produce items. First, the application will be revised to request the names of other farmers or List of Subjects in 7 CFR Part 170 § 170.3 What products may be sold at the employees that will be participating at Agricultural commodities, Farmers. USDA Farmers Market? Products that may be sold at the the market with the farm contact person, I For the reasons set forth in the market include, but are not limited to, instead of a list of other farmers and/or preamble, Title 7, chapter 1 of the Code fresh, high-quality fruits, vegetables, employees who work at the applicant of Federal Regulations is amended as herbs, honey, jams and jellies, cheese, farm. This information is required for follows: USDA security personnel to assist in I 1. Add a new subchapter G, consisting vinegars, cider, maple syrup, fish, providing security about who will have of part 170 to read as follows: flowers, bedding plants, and potted access to the USDA property. plants. USDA inspected meats and Second, the application will be Subchapter G—Miscellaneous Marketing poultry items also may be sold. revised to request the estimated months Practices Under the Agricultural Marketing Act of 1946 § 170.4 Who may participate in the USDA the corresponding products will be Farmers Market? available for sale at the market. This PART 170—USDA FARMERS MARKET Members of three groups may information will provide AMS with an participate in the USDA Farmers estimate not only as to when, but how Sec. Markets: long each of the products may be 170.1 To which farmers market does this rule apply? (a) Principal farmers or producers available for sale at the market. who sell their own agricultural products. These revisions and clarifications 170.2 Is the USDA Farmers Market a The principal farmer must be in full have no effect on the burden or producer-only market? 170.3 What products may be sold at the control and supervision of the description of the form. The information USDA Farmers Market? individual steps of production of crops collection will be used only by AMS 170.4 Who may participate in the USDA including tilling, planting, cultivating, staff to (a) communicate efficiently and Farmers Market? fertilizer and pesticide applications (if effectively with, and (b) provide 170.5 Is there a fee to participate in the applicable), harvesting and post-harvest operating guidelines and procedures to USDA Farmers Market? handling on its own farm with its own farmers and vendors participating in the 170.6 How are potential market participants machinery and labor. USDA Farmers Market. identified for the USDA Farmers Market? 170.7 Can I apply if I am not recruited? (b) Principal farmer or producers who Government Paperwork Elimination 170.8 What are the application procedures? sell their own value-added agricultural Act Compliance 170.9 What type of information does the products. Value-added products may application require? include agricultural products that have AMS is committed to compliance 170.10 Must a participant in the market with the Government Paperwork been enhanced through a modification have insurance? of the product, such as braiding, Elimination Act (GPEA), which requires 170.11 How are farmers and vendors Government agencies in general to weaving, hulling, extracting, selected for participation in the USDA handcrafting, and the like. It also may provide the public the option of Farmers Market? submitting information or transacting 170.12 What are the selection criteria for result from growing the product in a business electronically to the maximum participation in the USDA Farmers way that is acknowledged as safer. extent possible. Market? Farmers and vendors selling these types 170.13 What are the operating guidelines of products must prepare them Unfunded Mandates Reform Act for the USDA Farmers Market? predominately with material they have The Unfunded Mandates Reform Act 170.14 What circumstances will prevent grown or gathered. participation in the USDA Farmers (c) Nonproduce vendors. A limited of 1995, 2 U.S.C. 1531–1538, requires Market? Federal agencies to assess the effects of number of non-produce vendors may be their regulatory actions not specifically Authority: 5 U.S.C. 301; 7 U.S.C. 1621– selected by market management to sell required by law on state, local and tribal 1627. specialized products that enhance the market atmosphere and historically governments. This rule contains no § 170.1 To which farmers markets does Federal mandates that would result in this rule apply? attract customers to a farmers market. These specialized vendors, such as the expenditure of $100 million or more This rule applies only to the USDA bakers, may be exempted from the for these groups or for the private Farmers Market at headquarters on the reselling restrictions that apply to the section. Therefore, no written statement corner of 12th Street & Independence farmers and vendors described in or cost-benefit analysis is required Avenue, SW., Washington, DC. under this act. paragraphs (a) and (b) of this section. § 170.2 Is the USDA Farmers Market a § 170.5 Is there a fee to participate in the Regulatory Flexibility Act producer-only market? USDA Farmers Market? AMS reviewed the proposed rule Yes. A producer-only market is one No, there are no fees charged to under the Regulatory Flexibility Act, 5 that does not offer agricultural products participate in the market. U.S.C. 601–612, and determined that it that are commercially made, created, or will not have a significant economic produced, and only allows agricultural § 170.6 How are potential market impact on a substantial number of small products that are grown by a principal participants identified for the USDA entities. This program does not impose farmer. A producer-only market offers Farmers Market? requirements on small entities that are raw agricultural products such as fruits, Potential market participants are not eligible to participate in the vegetables, flowers, bedding plants, and recruited by AMS market management program, and imposes on small entities potted plants. The USDA Farmers through local farm organizations in the
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Washington DC metropolitan area State The selection of the participants is (b) Notification of Attendance. Each Departments of Agriculture from the conducted by the market management to participant must call USDA within 48 mid-Atlantic region including, Virginia, ensure a balanced product mix of fruits, hours of a market day if they cannot West Virginia, Maryland, Delaware, and vegetables, herbs, value-added products, attend. Failure to provide proper and Pennsylvania. Upon receiving a list of and baked goods. timely notification may result in potential farmers and vendors from the termination of participation in the organizations and the State Departments § 170.12 What are the selection criteria for market. participation in the USDA Farmers Market? of Agriculture, an information packet, (c) Participant Space. One vehicle is which includes an application and this The selection criteria are designed to permitted per space; all other vehicles rule, will be mailed to each potential ensure a consistently high level of must be removed from the immediate participant identified by the contacts. quality and diverse products are market premises. One space is 16w x available at the market, while operating 17d feet, and all trucks must fit within § 170.7 Can I apply if I am not recruited? in the constraints of space available at that area. There is only room for 15 Yes. Interested persons may call or the market site. The criteria are: spaces. (a) Member of one of the three write USDA to request an information (d) Signage. Participants must clearly participant groups specified in § 170.4 packet even if they are not recruited. display the name of their farm/business of this part. The participant must be a Those interested may write USDA/ and post prices for all items being sold. AMS/TM/MSB, Room 2646–South producer-only farmer or producer, seller (e) Clean-up. Participants are Building, 1400 Independence Avenue, of value-added products, or specialized responsible for cleaning all trash and SW., Washington, DC, 20250, or call non-produce vendor. waste within and around their allotted (202) 720–8317. They may also call the (b) Participant offers a product that space. Garbage bins are provided on the USDA Farmers Market Hotline at 1– adds to a product mix. Market market site for this purpose. 800–384–8704 to leave a message to management will ensure that a balanced (f) Cooperative Marketing. have a packet mailed or faxed. They mix of fresh fruits and vegetables will be Participants are permitted to share space may also visit the web site at http:// maintained throughout the season. Final with another participant or sell www.ams.usda.gov/farmersmarkets/ to selection of fruit and vegetable another’s products if the arrangement is review the selection criteria, the producers will be made based on their deemed by market management as operating rules, and to receive an ability to ensure a wide range of fresh beneficial to the market. A co-op must application electronically. farm products throughout the season. (c) Willingness to Glean. Participants be pre-approved by market management § 170.8 What are the application should commit to supporting the USDA and will not be accepted if similar procedures? food gleaning/food recovery initiative. products are already sold by existing In January of each year, prospective This commitment requires farmers and farmers or vendors. and returning participants must submit vendors to donate surplus food and food (g) Farm/Business Visits. Market to USDA a completed application for products at the end of each market day management may visit farm/business participation in the upcoming market to a local nonprofit organization locations to verify compliance with season. Each application will include a identified by USDA. Questions about market criteria and guidelines. copy of this rule, which includes the tax deductions for gleaning should be Participants should submit a map and selection criteria and operating referred to the Internal Revenue Service directions to their farm/businesses with guidelines. Each applicant also will or a tax advisor. Receipts for donated their market applications. certify that each is the owner or foods may be obtained from the (h) Conduct on Federal Property: representative of the farm or business receiving nonprofit organization. Participants must comply with Subpart submitting the application. (d) Commitment to market. 20.3 of the Federal Property Participants must commit to the entire Management Regulations, ‘‘Conduct on § 170.9 What type of information does the Federal Property,’’ 41 CFR 20.3. application require? market season and be willing to participate on a regular basis. The application for participation in § 170.14 What circumstances will prevent (e) Grandfather provision. Market the USDA Farmers Market will provide participation in the USDA Farmers Market? management reserves the right to select market management with information several farmers or vendors based on (a) Efforts will be made to on contacts, farm location, type of previous participation in the program, accommodate all who apply to farming operation, types of products consistency in providing quality participate in the market. However, grown, and business practices, products, and compliance with market management may deny including insurance coverage. operating guidelines. participation in the market because of insufficient space or excess supply of § 170.10 Must a participant in the market have insurance? § 170.13 What are the operating guidelines the products to sell, failure to meet the for the USDA Farmers Market? stated criteria, or the participant’s There is no requirement for a (a) Market Operation. The Market will noncompliance with the operating participant to have insurance; however, be held in parking court #9 of the USDA guidelines or regulations. USDA asks that participants with Headquarters Complex located on the (b) Participants who sell before the 10 insurance provide insurance corner of 12th Street and Independence a.m. opening time will be restricted information for our records. Avenue, SW., Washington, DC. Selling from participating in the market § 170.11 How are farmers and vendors will not begin before 10 a.m. and will following their second violation. A selected for participation in the USDA end promptly at 2 p.m. each market day. written warning will be given to the Farmers Market? All participants must be in place, setup participant for the first violation of this USDA reviews all applications and and ready to sell by 10 a.m. Due to guideline. After the second violation selects participants based primarily on space restrictions at the site, late arrivals occurs, a letter of reprimand will be the type of farmer or vendor (i.e., fruit, will be located at market management’s given to the participant restricting their vegetable, herb, baker) and secondly, on discretion. All vehicles must vacate the participation for the next immediate the specific types of products to be sold. market site no later than 3 p.m. market day.
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(c) Participants who arrive after the 10 importation of fruits and vegetables into We solicited comments concerning a.m. opening time may be restricted the United States from certain parts of our proposal for 60 days ending on July from participating in the market the world to prevent the introduction 22, 2003. We received seven comments following their second violation. A and dissemination of plant pests that are by that date. They were from private written warning may be given to the new to or not widely distributed within citizens, a professional organization, participant for the first violation of this the United States. and representatives of State and foreign guideline. After the second violation The regulations have not previously governments. The comments are occurs, a letter of reprimand may be included provisions authorizing the discussed by subject below. given to the participant restricting their importation of fragrant pears from General participation for the next immediate China. However, the national plant market day. protection organization of China One commenter requested that we provide the scientific name for fragrant requested that the Animal and Plant Dated: December 19, 2005. pear. In the January 1997 pest risk Health Inspection Service (APHIS) Lloyd C. Day, assessment, we indicated that the amend the regulations to allow fragrant Administrator, Agricultural Marketing scientific name for fragrant pear from pears from the Korla region of Xinjiang Service. China was Pyrus ussuriensis Maxim. Province in China to be imported into [FR Doc. 05–24427 Filed 12–22–05; 8:45 am] However, in 2005, the national plant the United States. BILLING CODE 3410–02–P protection organization of China Under section 412(a) of the Plant informed APHIS that the scientific name Protection Act, the Secretary of for fragrant pear is Pyrus sp. nr. DEPARTMENT OF AGRICULTURE Agriculture may prohibit or restrict the communis. Accordingly, we will use importation and entry of any plant Pyrus sp. nr. communis, rather than Animal and Plant Health Inspection product if the Secretary determines that Pyrus ussuriensis Maxim, as the Service the prohibition or restriction is scientific name for fragrant pear. necessary to prevent the introduction Another commenter requested that 7 CFR Part 319 into the United States or the APHIS identify the specific government [Docket No. 02–049–2] dissemination within the United States organization that serves as the ‘‘national of a plant pest or noxious weed. The plant protection organization for Importation of Fragrant Pears From Secretary has determined that it is not China.’’ Currently, the national plant China necessary to prohibit the importation of protection organization for China is fragrant pears from the Korla region of known as the Administration for AGENCY: Animal and Plant Health Xinjiang Province in China in order to Quality Supervision, Inspection and Inspection Service, USDA. prevent the introduction into the United Quarantine (AQSIQ). We used the ACTION: Final rule. States or the dissemination within the generic term ‘‘national plant protection United States of a plant pest or noxious organization of China’’ in the proposed SUMMARY: We are amending the fruits weed.1 rule and continue to do so in this final and vegetables regulations to allow the rule because the name of the national importation of fragrant pears from China Accordingly, on May 23, 2003, we plant protection organization of China under certain conditions. As a condition published in the Federal Register (68 has changed several times in recent of entry, fragrant pears from China must FR 28161–28166, Docket No. 02–049–1) years. Our use of this more generic term be grown in the Korla region of Xinjiang a proposal to amend the fruits and is consistent with international Province in a production site that is vegetables regulations to allow the importation of fragrant pears from China standards. registered with the national plant One commenter recommended that protection organization of China. The under certain conditions. Among other things, we proposed that the fragrant APHIS fully disclose all information fragrant pears will be subject to collected and used in generating the inspection. In addition, the pears must pears be packed in insect-proof containers that are labeled in proposed rule. This commenter also be packed in cartons that are labeled in recommended that APHIS delay action accordance with the regulations, accordance with § 319.56–2(g). However, upon further consideration, on the proposed rule until it has shipped in insect-proof containers, and developed and circulated for peer safeguarded from pest infestation during we are amending the packing and shipping requirements in this final rule review the following documents: A transport to the United States. This detailed plan documenting the action will allow fragrant pears to be to make clear that the fragrant pears must be packed in cartons that are incidence of specific quarantine pests in imported from China while continuing the Korla region, survey information for to provide protection against the labeled in accordance with § 319.56– 2(g), shipped in insect-proof containers, those pests for which free area status is introduction of plant pests into the proposed, in-orchard monitoring plans United States. and safeguarded during transport to the United States in a manner that will for those pests known to occur in the DATES: Effective Date: January 23, 2006. prevent pest infestation. These changes region, and greater detail of the post- FOR FURTHER INFORMATION CONTACT: Mr. will clarify the packing and shipping harvest inspection protocols which will Alex Belano, Import Specialist, requirements and be more consistent be implemented. Commodity Import Analysis and with current packing and shipping We do not believe it is necessary to Operations, PPQ, APHIS, 4700 River practices for pears. delay action on the proposed rule Road Unit 140, Riverdale, MD 20737– pending development and peer review 1231; (301) 734–8758. 1 This determination is based on the finding that of the documents listed by the SUPPLEMENTARY INFORMATION: the application of the remedial measures contained commenter. The Secretary has in this rule will provide the protection necessary to determined that it is not necessary to Background prevent the introduction and dissemination of plant prohibit the importation from the Korla pests into the United States. The factors considered The regulations in 7 CFR 319.56 in arriving at this determination include the region of Xinjiang Province in China in through 319.56–8 (referred to below as conclusions of a pest risk assessment, program order to prevent the introduction into the regulations) prohibit or restrict the analysis, and site visits. the United States or the dissemination
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within the United States of a plant pest unlikely event a fruit fly is introduced are absent from the fragrant pear or noxious weed. This determination is into the region, climatic conditions and production areas and the province of based on the finding that the remedial production practices there would Xinjiang as a whole. Leucoptera measures contained in this final rule significantly reduce the likelihood of malifoliella has been found not likely to will provide the protection necessary to establishment. The commenter provided follow the pathway. Coleophora prevent the introduction and no scientific documentation to support hemerobiella may follow the pathway as dissemination of plant pests into the his suggestion that we continue to hitchhikers but, since they are external, United States. In making this prohibit the importation of fragrant can be easily detected during determination, the Secretary considered pears from the Korla region of Xinjiang inspection. Synanthedon hector does the conclusions of a pest risk Province in China. occur in China but does not attack pears assessment, program analysis, survey Another commenter stated that ‘‘as a since it is a pest of apples. information, and site visits. Our analysis matter of equity, USDA should continue One commenter stated that one of the is documented in a September 2005 to postpone the implementation of this mites of concern, Tetranychus information memorandum, which is proposed rule until such time as the viennensis, occurs in Heshuo in available on the Internet at http:// Chinese Government allows U.S. pear Xinjiang Province. This commenter also www.regulations.gov.2 This growers access to its market for U.S. stated that Canada has intercepted mites memorandum updates a June 2003 pears since we believe that we have on fragrant pear shipments from China. information memorandum on the same provided ample scientific justification The Hawthorn spider mite, subject. We do not believe that for such access.’’ Tetranychus viennensis, was found in additional documents need to be Other countries make decisions as to Heshuo Farm in Xinjiang Province in developed and circulated for peer whether to allow the importation of U.S. 1996. Heshuo Farm is located review. products only when formally requested. approximately 50 miles from the With respect to the disclosure of all APHIS has already formally requested production sites in the Korla region and information collected and used in that China allow the importation of U.S. is difficult to reach due to poor road generating the proposed rule, we note pears, and we are working with the U.S. conditions. There is no commercial that the proposed rule stated that the pear industry to address concerns raised production of pears or apples in pest risk assessment and supporting by the national plant protection Heshuo, and there is very little documents could be obtained from the organization of China. Moreover, under commercial activity between Heshuo person listed under FOR FURTHER the Plant Protection Act, our and Korla. To date, the Hawthorn spider INFORMATION CONTACT, and we provided decisionmaking related to allowing or mite has not been found in the Korla several individuals with the information denying the importation of commodities region. According to the September they requested. The information and must be based on phytosanitary 2005 information memorandum, this data provided by China are summarized considerations rather than the goal of mite was not found in the Korla region in the September 2005 information reciprocal market access. during general surveys in the 1970s, 1980s, and 1990s or during several memorandum and the documents on Pest Risk Assessment which the information memorandum is intensive surveys for mites in 1996– based are on file with APHIS. Due to the Several commenters stated that 1997. Moreover, based on information large volume of material provided by APHIS’ pest risk assessment did not provided by Canada, the Hawthorn China, we would ask that persons consider all pests of quarantine concern. spider mite has been intercepted on Ya wishing to view those documents make One commenter noted that the pest risk pear shipments from China, not fragrant arrangements with the person listed assessment did not include the pears. Ya pears are grown in the Hebei under FOR FURTHER INFORMATION following pests: Carposina sasakii Province of China, which is separated CONTACT for viewing the file or Matsimura, Coleophora hemerobiella from the Korla region by the Gobi obtaining copies of specific documents. Scopoli, Leucoptera malifoliella (Costa), Desert. One commenter indicated that Synanthedon hector (Butler), and Cydia One commenter stated the proposed fragrant pears should not be imported inopinata Heinrich. Another commenter rule is overly strict and not scientifically from China because the risk of fruit flies identified 29 insect species of justified. This commenter went on to is too great, especially since ‘‘APHIS is quarantine concern that were not note that the listed pests include non- already not doing its job with imports.’’ identified in APHIS’ pest risk quarantine saprophytes (organisms that We do not agree that the risk of fruit assessment. However, the commenter obtain food from dead organic matter). flies is too great to allow the importation noted that some of these pests may be The commenter suggested that APHIS of fragrant pears from China. As synonymous with APHIS-listed species. delete these saprophytes from the documented in the September 2005 This commenter also noted that a quarantine pest table or determine information memorandum, the Korla January 2003 proposed import risk which species will be recognized as region of Xinjiang Province has been assessment for Shandong pears quarantine pests. determined to be free of fruit flies. published by the Australian We disagree with the commenter’s China conducted trapping for fruit flies Government identified a number of claim that the proposed rule is overly for 3 years in the Korla region with species that are not addressed by strict and not scientifically justified. negative results. Furthermore, in the APHIS’ pest risk assessment. The provisions in the proposed rule and We have reviewed the scientific in this final rule are based on the 2 This final rule and the September 2005 literature for each pest identified by the conclusions of a pest risk assessment, information memorandum are available on the commenters. For various reasons (e.g., program analysis, survey information, Regulations.gov Web site. Go to http:// www.regulations.gov, click on the ‘‘Advanced post-harvest handling practices, the pest and site visits, and will provide the Search’’ tab and select ‘‘Docket Search.’’ In the does not attach to fruit, the pest is a protection necessary to prevent the Docket ID field, enter APHIS–2005–0108 then click surface pest and easily detected), we introduction and dissemination of plant on ‘‘Submit.’’ The final rule and information believe that none of these pests will pests into the United States. The memorandum will appear in the resulting list of documents. The information memorandum may follow the pathway into the United commenter did not provide the names also be obtained from the person listed under FOR States. Carposina sasakii and Cydia of those saprophytes he considered to be FURTHER INFORMATION CONTACT. inopinata (syn. Grapholita inopinata) non-quarantine pests, and we continue
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to believe that the saprophytes listed in fragrant pears from China under certain will provide the protection necessary to the pest risk assessment are properly conditions, thus making the issuance of prevent the introduction and characterized as quarantine pests. permits for fragrant pears possible. dissemination of the Hawthorn spider One commenter requested that APHIS Another commenter noted that the mite into the United States. Therefore, provide scientific documentation pest risk assessment states that there we are making no changes based on this showing that Hoplocampa pyricola is were no pest interceptions on pear comment. not an internal feeder. This commenter imports from China between 1985 and also asked if the Hawthorn spider mite 1995. To better evaluate this statement, Registration lays eggs in calices of fruit like the the commenter requested that APHIS Several commenters noted there is Tetranychus urticae. provide the total number of shipments very little information about what it Although little is known about the imported into the United States during takes for a site to become registered biology of the sawfly, Hoplocampa that time and the number of shipments (e.g., grower practices or surveys of pest pyricola, the available scientific that were sampled. The commenter also populations). These commenters information indicates that sawfly eggs asked for the sample rate used by APHIS indicated there is insufficient are deposited in the ovary of the flower. on other imported pear species from information about the registration The larvae then feed on the ovary and China. process to evaluate the effectiveness of the fruit. Once the larvae reach The inspectors routinely sample 2 that proposed requirement and whether maturity, the infested fruit prematurely percent of fruit presented for inspection. the national plant protection drops from the tree and the larvae enter There were 10 shipments of sand pears organization of China has the authority the soil to pupate. Given the external from China in 1994 and 15 shipments of and resources to maintain and evaluate damage and premature dropping of the sand pears in 1995, all of which were such registrations. fruit, we believe that inspections in inspected. Our records show there were The proposed rule and this final rule China and the United States will no interceptions of quarantine do not provide specific information mitigate the risk of this pest. significance from commercial shipments about how a site becomes registered by The Hawthorn spider mite primarily or passenger baggage from 1984 through the national plant protection feeds on the underside of a leaf, 1995. organization of China because the preferably the underside of a cherry leaf. One commenter noted that the pest national plant protection organization of Female mites overwinter in the cracks risk assessment indicates that sweep China determines the requirements for and under the bark of stems and nets and blacklight traps were used to branches. When mite populations are survey for mites in the area. The registration, not APHIS. In general, a high, the female mite may overwinter in commenter indicated that these are production site seeking to register the calyx crevices or in the depression inappropriate survey tools to detect would be subject to control practices on the stem-end of mature fruit, like the mites and expressed concern that and pest surveys mandated by the local Tetranychus urticae. inspection upon entry may not provide and national plant protection Several commenters asked why sufficient protection from the organizations of China. This registration APHIS had denied so many permits for introduction of Hawthorn spider mite system is already being used by China pears from China in the past. These into the United States and more to export fragrant pears to Canada and commenters wondered how these stringent measures may be needed. other countries. We are confident that permit requests differed from the Sweep nets and blacklight traps were the registration system, in addition to current request that APHIS allow reported as having been used by general the other mitigation measures set forth fragrant pears from the Korla region of survey teams working in the region in this rule, will be sufficient to protect Xinjiang Province in China to be between 1971 and 1975; those teams against the introduction of plant pests imported into the United States. were engaged in surveys for a variety of into the United States. Accordingly, we As previously discussed, the pests, i.e., not just for mites. Subsequent are making no changes based on these regulations prohibit or restrict the intensive surveys for mites were comments. importation of fruits and vegetables into conducted after Chinese officials One commenter requested proof that the United States from certain parts of provided advanced identification the growing area is free of fruit flies. As the world to prevent the introduction training to their extension agents in the previously discussed, all available data and dissemination of plant pests that are Korla region. None of the species of indicates that the Korla region of new to or not widely distributed within mites collected are considered to be of Xinjiang Province is free of fruit flies. the United States. Prior to this final rule, quarantine significance by the United The Chinese Government conducted the regulations did not authorize the States. trapping for Bactrocera dorsalis for 3 importation of fragrant pears from As previously discussed, the years in the Korla region with negative China. Each year APHIS receives many Hawthorn spider mite has been found in results. Furthermore, our trading requests for permits to import fruits and Heshuo in Xinjiang Province, but not in partners have not reported any vegetables into the United States. Some the Korla region. According to the interceptions of fruit fly larvae in of these requests are for nonadmissible September 2005 information fragrant pears from Xinjiang Province. items. Prior to 1995, when the memorandum, the Hawthorn spider In the unlikely event a fruit fly is importation of Ya pears from Hebei and mite was not found in the Korla region introduced into the region, climatic Shandong Provinces was authorized, we during general surveys in the 1970s, conditions and production practices had only allowed the importation of 1980s, and 1990s. Moreover, the there would significantly reduce the sand pears from China. Therefore, all Hawthorne spider mite was not likelihood of establishment. requests for permits to export pears, identified during several intensive Another commenter asked if the Korla other than sand pears, into the United surveys for mites in 1996–1997. Indeed, region is currently free of the pests States from China were denied prior to no mites of quarantine significance were identified in the proposed rule and pest 1995, and since 1995, permits have been identified during these intensive risk assessment. If so, the commenter issued only for sand pears and Ya pears surveys. We believe that current requested that the supporting data be from China. This final rule amends the production practices in China and the made available for review by regulations to allow the importation of mitigation measures in this final rule independent experts.
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As noted in our response to a Hawthorn spider mite. The phylloxeran APHIS’ response to a pest detection comment earlier in this document, the was intercepted on both Ya pears and would depend upon the pest. Upon proposed rule announced the fragrant pears from China while the detection of Oriental fruit fly availability of the pest risk assessment Hawthorn spider mite was intercepted (Bactrocera dorsalis) during the pre- and supporting documents, and the only on Ya pears. Nevertheless, we harvest inspection or at any other time, information and data provided by China believe that the origin requirements and APHIS could prohibit the importation are summarized in the September 2005 remedial measures contained in this into the United States of fragrant pears information memorandum. The final rule will provide the protection from China until an investigation is September 2005 information necessary to prevent the introduction conducted and APHIS and the national memorandum identifies 17 pests of and dissemination of these pests into plant protection organization of China concern; of these, 1 pest (Tetranychus the United States. Phylloxeran causes agree that appropriate remedial action kanzawai Kishida) is not considered a damage on the surface of the fruit that has been taken. In addition, APHIS quarantine pest, 1 pest (pear rusty skin is easily detected by inspection and, as could prohibit the importation into the viroid, also known as apple scar skin previously discussed, the Hawthorn United States of fragrant pears from a viroid) is not expected to follow the spider mite does not occur in the Korla production site for the season if any of pathway, and there is no evidence of the region and it is unlikely to become the following pests are detected on that remaining 15 quarantine pests in Korla. established in that region due to production site during the pre-harvest We believe that the information climatic conditions and production inspection or at any other time: Peach memorandum fully identifies, practices. In response to the Canadian fruit borer (Carposina sasaki), yellow summarizes, and analyzes the available interceptions of phylloxeran on fragrant peach moth (Conogethes punctiferalis), scientific data, but, as stated previously, pears, we have added that pest to the apple fruit moth (Cydia inopinata), persons wishing to review the large list in § 319.56–2nn(a)(4)(ii) of pests Hawthorn spider mite (Tetranychus volume of material provided by China that, if detected, could lead to APHIS’ viennensis), red plum maggot (Cydia may do so by making arrangements with rejection of the lot or consignment and funebrana), brown rot (Monilinia the person listed under FOR FURTHER a prohibition on the importation into fructigena), Asian pear scab (Venturia INFORMATION CONTACT. the United States of fragrant pears from nashicola), pear trellis rust (Gymnosporangium fuscum), Asian pear Trapping and Monitoring the production site for the season. In December 2003, after the close of black spot (Alternaria spp.), and One commenter requested the comment period for the proposed phylloxeran (Aphanostigma sp. poss. information about the sampling jackusiensis). Thus, if peach fruit borer protocols used to detect pests. As rule, APHIS suspended imports of Ya pears from China due to detections of is detected in one production site and discussed in the proposed rule, fragrant yellow peach moth is detected in pears would be subject to both pre- Chocolate spot (Alternaria yaliinficiens). In March 2005, APHIS negotiated another, APHIS could prohibit the harvest and post-harvest inspections by importation into the United States of the national plant protection revisions to the Ya pear work plan with China, strengthening the mitigation fragrant pears from each production site organization of China or officials for the season. However, if any of the measures applied to prevent further authorized by the national plant pests listed above is detected in more introductions of quarantine significant protection organization of China. The than one registered production site, Alternaria spp. in Ya pears. Upon national plant protection organization of APHIS could prohibit the importation signing the new agreement, the Ya pear China would establish the sampling into the United States of fragrant pears market was reopened. We note that this protocols used to detect pests. However, from China until an investigation is final rule requires that if any listed the national plant protection conducted and APHIS and the national quarantine pest, including Alternaria organization of China would have to plant protection organization of China spp., is found during the pre-harvest provide APHIS with information on pest agree that appropriate remedial action inspection or at any other time, the detections and pest detection practices, has been taken. and APHIS would have to approve the national plant protection organization of One commenter indicated that it pest detection practices. China must notify APHIS immediately. would be difficult to make sure that One commenter stated that the APHIS may then reject the lot or fragrant pears absolutely do not carry proposed rule did not mention any consignment and prohibit the Asian pear black spot or Hawthorn interceptions of quarantine diseases on importation into the United States of spider mite. Thus, the commenter Ya pears in 2001 and 2002, nor did it fragrant pears from the production site stated, it would be better if APHIS discuss interceptions of quarantine for the season, and imports may not prohibited the importation of fragrant pests by Canada on both Ya and fragrant resume until an investigation is pears from the production sites where pears. The commenter recommended conducted and APHIS and the national those pests are detected, instead of that APHIS conduct and publish a plant protection organization of China prohibiting the importation of all survey of other Chinese pome fruit agree that appropriate remedial action fragrant pears from China. importing countries to determine their has been taken. We do not agree that it would be too experience with pest interception on One commenter asked what would difficult to ensure that fragrant pears do Chinese pears and apples. happen if different pests were found in not carry Asian pear black spot or As part of APHIS’ pest risk analysis, different sites, and if that would be Hawthorn spider mite. We believe that we reviewed information about regarded in the same manner as if a the mitigation measures in this rule will interceptions of quarantine pests and single type of pest was found at more provide the protection necessary to diseases on all species of pears. than one production site. Another prevent the introduction into and Information obtained from Canada commenter recommended that APHIS dissemination within the United States indicates that two pests of quarantine prohibit the importation of fragrant of plant pests. However, if Asian pear concern to APHIS were intercepted on pears into the United States if any pests black spot or Hawthorn spider mite is pears from China during the 2002–2003 or more than one species of different detected on a production site during the season—the Aphanostigma sp. poss. pests are detected in more than one pre-harvest inspection or at any other jackusiensis (phylloxeran) and the registered production site. time, APHIS could prohibit the
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importation into the United States of We agree that the labeling and Executive Order 12866 and Regulatory fragrant pears from that production site transport of fragrant pears must Flexibility Act for the season. Moreover, if Asian pear preclude the commingling of fruit from This rule has been reviewed under black spot or Hawthorn spider mite is non-approved areas of China. In the Executive Order 12866. The rule has detected in more than one registered proposed rule, we proposed to require been determined to be not significant for production site during the pre-harvest that the fragrant pears be safeguarded at the purposes of Executive Order 12866 inspection or at any other time, APHIS the cold storage facility while awaiting and, therefore, has not been reviewed by could prohibit the importation into the export. Specifically, we proposed that the Office of Management and Budget. United States of fragrant pears from the fragrant pears be isolated from fruit We are amending the fruits and China until an investigation is from unregistered production sites. To vegetables regulations to allow the allow for greater flexibility in meeting conducted and APHIS and the national importation of fragrant pears from China this requirement, we did not specify the plant protection organization of China under certain conditions. This action manner in which the fragrant pears are agree that appropriate remedial action will allow fragrant pears to be imported to be isolated. The fragrant pears could has been taken. We are making no from China while continuing to provide be isolated from fruit from unregistered changes based on this comment. protection against the introduction of production sites by stacking them on One commenter noted that pest- plant pests into the United States. different pallets at the cold storage specific remedial measures are not The following economic analysis facility, by holding the pears and other described in the proposed rule. The examines whether this rule might have fruits in separate rooms, or by holding commenter contacted several experts in a significant economic impact on a the pears and other fruits in separate temperate orchard pest management to substantial number of small entities, as cold storage facilities. Any of these review the risk assessment and the required by the Regulatory Flexibility proposed remedial measures. These options would satisfy the requirement to isolate pears held in a cold storage Act. There are three reasons why we experts indicated that they needed more believe this will not be the case. First, information about the proposed facility from fruit from unregistered production sites. the risk of quarantine pests being remedial measures to determine if these introduced into the United States via measures would be adequate. Economic Analysis this pathway is extremely low. Second, In the proposed rule, we proposed to One commenter stated that the cost/ fragrant pears are not produced in the allow the importation of fragrant pears benefit assessment in the proposed rule United States and fragrant pear import from China under certain conditions. may not be accurate because it is based levels are expected to be low relative to Specifically, we proposed to require that on Ya pear imports, and fragrant pears domestic pear availability. In addition, the fragrant pears be grown in the Korla are a different species with different our analysis suggests that fragrant pears region of Xinjiang Province in a sensory characteristics. The commenter from China will not be a close substitute production site that is registered with also pointed out that an assessment of for domestically produced pears; the national plant protection the short-term impacts is not therefore, profit losses, if any, for organization of China and that these appropriate for long-lived perennial domestic pear producers are expected to production sites be free of certain pests. crops such as pears. be extremely low, at least over the next Furthermore, we provided that The analysis in the proposed rule several years. Third, allowing the detection of certain pests could result in recognized that Ya pears and fragrant importation of a pear variety that is not a prohibition on the importation into pears are different species with different produced domestically will lead to the United States of fragrant pears from sensory characteristics. Because fragrant gains for small importers and pear a particular production site for the pears have not been imported into the consumers in the United States. season or from all of the production United States from China, the analysis Pear Production and Pest Risks sites in the Korla region of Xinjiang used Ya pear data to estimate the Province until an investigation is potential economic effects of importing Fragrant pears are grown in an area conducted and APHIS and the national fragrant pears from China. In order to surrounding Korla, a city in Xinjiang plant protection organization of China estimate the economic effects of Province, which makes up the agree that appropriate remedial action importing fragrant pears, the analysis northwest corner of China, and are not has been taken. Accordingly, the burden assumed that demand for Ya pears and grown anywhere else in the world. The is on the national plant protection fragrant pears will be similar, but it is production area, which is west of the organization of China to provide not necessary to assume that the Gobi Desert and just north of the remedial measures that are appropriate physical characteristics are the same. Taklamakan Desert, experiences for the pest and agreeable to APHIS. Short-term and long-term impacts extremely hot summers, cold winters, and very little rainfall, and is Safeguarding Pears From Pest depend on consumer acceptance of, and geographically, as well as culturally, Infestation demand for, fragrant pears, not on the length of the production cycle or the isolated. In addition, while agricultural One commenter stated that the expected life of the tree. The short-run commodities are exported from the labeling and transport of fragrant pears analysis is based on data from a similar region, there is little if any incoming must preclude the pears from being good, Ya pears. There are no comparable trade. As a result, the potential for pests commingled with fruit from non- data available for a long-run analysis. of quarantine significance being approved areas of China. Several Accordingly, the analysis in the introduced into the area is extremely commenters requested clarification proposed rule focused on the short term low. Furthermore, in the unlikely event about how the fragrant pears would be impacts of importing fragrant pears from a pest was introduced into the region, isolated from other fruits (e.g., would China into the United States. climatic conditions and production the pears need to be stacked on different Therefore, for the reasons given in the practices there would significantly pallets or different stacks on a pallet, in proposed rule and in this document, we reduce the likelihood of establishment. different cold rooms, or stored in are adopting the proposed rule as a final Approximately 15,000 hectares are facilities separated by distance or rule, with the changes discussed in this devoted to fragrant pear production in physical barrier?). document. Xinjiang Province, yielding roughly
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90,718 metric tons per year, of which 10 growers on a weekly basis and directs expect regulatory costs associated with percent is exported. We expect that the work of several survey teams.3 The quarantine pest introductions to be exports to the United States would come survey teams are in the orchards every negligible. In addition, because fragrant mainly from the farm units known as day and are responsible for maintaining pears are not produced in the United Regiments 28, 29, 30, 33, and Shayi traps, extension work, fruit cutting and States and because quantities designated Dong Farms, although additional inspection, checking to see that for export are expected to be low, at quantities could come from Regiments orchards are maintained properly, least during the next several years, we 31 and 32. The land belongs to the participating in annual pest surveys, do not expect fragrant pears to compete government, and the proper and checking on other crops. If it is with domestically produced pears over maintenance of every orchard is under determined that an orchard is not being the short run. However, imports of the direct supervision of China’s managed properly, AQSIQ assigns it to fragrant pears from China may increase another grower. national plant protection organization, over time, as has been the case for U.S. AQSIQ, which stations one supervisor Benefits and Costs Ya pear imports and Canadian Ya and to each regiment in the export area. The Because pest risks associated with fragrant pear imports from China (table AQSIQ supervisor is in contact with the this pathway are extremely low, we 1).
TABLE 1.—YA PEARS FROM CHINA AND DOMESTICALLY PRODUCED FRESH PEARS, QUANTITIES, AND PRICES
Domestic pro- Chinese pear U.S. Ya pear 1 Domestic 1 Import prices duction fresh 2 exports to Year imports 2 prices 3 ($/kg) pears ($/kg) Canada (1,000 kg) (1,000 kg) (1,000 kg)
1996 ...... NA NA 416,897 $0.62 321 1997 ...... NA NA 519,191 0.41 182 1998 ...... 329 $1.48 466,107 0.44 909 1999 ...... 2,058 1.26 486,410 0.43 1,899 2000 ...... 5,264 0.73 496,348 0.36 4,663 2001 ...... 6,654 0.54 494,588 0.43 6,548 2002 ...... 5,788 0.57 475,769 0.40 10,933 2003 ...... 7,129 0.62 507,983 0.39 11,093 2004 ...... 109 0.63 477,429 0.48 2,826 NA = not available. 1 Data for 1998–2004 are from FAS (2005). 2 The nominal price data during 1996–2004 are from NASS (2005), and data for 1999–2004 are from NASS (2005). 3 China currently exports fragrant pears (and possibly Ya pears) to Canada. These data are from FAS (2005).
As indicated in Table 1, after the We used time-series data on U.S. Ya indicate that U.S. imports of fragrant initial rapid expansion in Ya pear pear imports from China, domestic fresh pears from China will not compete with imports from 1998 to 2000, growth pear production and prices, and total domestically produced pears during the continued at a slower rate. Over the 4- domestic expenditures on fruit to next several years. year period 2000–2003, U.S. imports of estimate the rate of substitution between Notwithstanding the expected Ya pears from China increased an Ya pears and domestically produced insignificant effects of the rule on average of about 8 percent per year. pears in order to glean information domestic pear production, allowing the During this 4-year period, the quantity about the potential rate of substitution importation of fragrant pears from China of Ya pears imported from China was between fragrant pear imports and will provide benefits to U.S. importers equivalent to about 1.3 percent of domestic pears. In particular, we and merchants of Chinese fragrant domestic pear production, and the estimated a linear relationship between pears. The U.S. Small Business average price of Ya pears was about one- fresh domestic pear prices and a Administration defines a small pear and-a half times the average price of constant, fresh domestic production, importer (North American Industry domestically produced pears. and Ya pear imports from China. The Classification System [NAICS] category Import restrictions on Ya and fragrant coefficient estimate on Ya pear imports 424480, Fresh Fruit and Vegetable pear imports from China imposed by the was found to be negative but not Merchant Wholesalers) as one that Canadian Food Inspection Agency are statistically different from zero, employs not more than 100 persons. In somewhat similar to those in this rule indicating that Ya pears do not 1997,4 more than 96 percent (5,456 of and, as a result, Canadian imports of substitute for domestically produced 5,657) of fresh fruit and vegetable Chinese Ya and fragrant pears provide pears. If the relationship between wholesalers would be considered small additional information regarding imported fragrant pears and by SBA standards.5 There are no data to potential future U.S. imports of these domestically grown pears is found to be indicate directly the level of benefits commodities. During the same 4-year similar to the modeled relationship that may accrue to small pear importers period, 2000–2003, Canadian imports of between imported Ya pears and and merchants in the United States, but pears from China increased an average domestically grown pears, then the any new trade of a commodity (in this of about 24 percent per year. results of the regression analysis case, fragrant pears from China) can be
3 There are approximately 5,166 hectares of 30, however, is devoted to wheat and rice 5 1997 Economic Census. Department of agricultural production, 3,000 growers, and 66 production. Each fragrant pear grower manages Commerce, U.S. Bureau of the Census. NAICS survey teams in Regiments 28, 29, 30, 33, and Shayi about 1 hectare. Category 424480: Fresh Fruit and Vegetable Dong Farms, for an average 1.72 hectares per grower 4 Establishment and firm size is not yet available Merchant Wholesalers. and 79 hectares per survey team. Most of Regiment for the 2002 Economic Census.
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expected to benefit entities dealing in compliance with the Government (i) Upon detection of Oriental fruit fly that commodity. Paperwork Elimination Act (GPEA), (Bactrocera dorsalis), APHIS may reject which requires Government agencies in the lot or consignment and may prohibit Conclusion general to provide the public the option the importation into the United States of We expect that allowing the of submitting information or transacting fragrant pears from China until an importation of fragrant pears from China business electronically to the maximum investigation is conducted and APHIS will not have a significant economic extent possible. For information and the national plant protection impact on a substantial number of small pertinent to GPEA compliance related to organization of China agree that entities. Fragrant pears from China will this proposed rule, please contact Mrs. appropriate remedial action has been not directly compete with domestically Celeste Sickles, APHIS’ Information taken. produced pears, assuming the demand Collection Coordinator, at (301) 734– (ii) Upon detection of peach fruit for imported fragrant pears will be 7477. borer (Carposina sasaki), yellow peach similar to that for imported Ya pears. If moth (Conogethes punctiferalis), apple List of Subjects in 7 CFR Part 319 imports of fragrant pears increase over fruit moth (Cydia inopinata), Hawthorn time, as has been the case for U.S. Ya Coffee, Cotton, Fruits, Imports, Logs, spider mite (Tetranychus viennensis), pear imports and Canadian Ya and Nursery stock, Plant diseases and pests, red plum maggot (Cydia funebrana), fragrant pear imports, it is possible that Quarantine, Reporting and brown rot (Monilinia fructigena), Asian fragrant pears could compete with some recordkeeping requirements, Rice, pear scab (Venturia nashicola), pear varieties of domestically produced pears Vegetables. trellis rust (Gymnosporangium fuscum), in the future, but only marginally given I Accordingly, we are amending 7 CFR Asian pear black spot (Alternaria spp.), the small quantity of fragrant pears part 319 as follows: or phylloxeran (Aphanostigma sp. poss. expected to be imported compared to jackusiensis), APHIS may reject the lot domestic pear production. Fragrant pear PART 319—FOREIGN QUARANTINE or consignment and may prohibit the importers and merchants, most of which NOTICES importation into the United States of are likely to be small entities, will I fragrant pears from the production site benefit from the importation of fragrant 1. The authority citation for part 319 continues to read as follows: for the season. The exportation to the pears from China. United States of fragrant pears from the Under these circumstances, the Authority: 7 U.S.C. 450, 7701–7772, and production site may resume in the next Administrator of the Animal and Plant 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR growing season if an investigation is 2.22, 2.80, and 371.3. Health Inspection Service has conducted and APHIS and the national I determined that this action will not 2. A new § 319.56–2nn is added to plant protection organization of China have a significant economic impact on read as follows: agree that appropriate remedial action a substantial number of small entities. § 319.56–2nn Administrative instructions: has been taken. If any of these pests is Executive Order 12988 Conditions governing the entry of fragrant detected in more than one registered pears from China. production site, APHIS may prohibit the This final rule allows fragrant pears to importation into the United States of be imported into the United States from Fragrant pears may be imported into fragrant pears from China until an the Korla region of Xinjiang Province in the United States from China only under investigation is conducted and APHIS China. State and local laws and the following conditions: and the national plant protection regulations regarding fragrant pears (a) Origin, growing, and harvest organization of China agree that imported under this rule will be conditions. (1) The pears must have appropriate remedial action has been preempted while the fruit is in foreign been grown in the Korla region of taken. commerce. Fresh fruits and vegetables Xinjiang Province in a production site (5) After harvest, the national plant are generally imported for immediate that is registered with the national plant protection organization of China or distribution and sale to the consuming protection organization of China. officials authorized by the national public, and remain in foreign commerce (2) All propagative material plant protection organization of China until sold to the ultimate consumer. The introduced into a registered production must inspect the pears for signs of pest question of when foreign commerce site must be certified free of the pests infestation and allow APHIS to monitor ceases in other cases must be addressed listed in this section by the national the inspections. on a case-by-case basis. No retroactive plant protection organization of China. (6) Upon detection of large pear borer effect will be given to this rule, and this (3) Within 30 days prior to harvest, (Numonia pivivorella), pear curculio rule will not require administrative the national plant protection (Rhynchites fovepessin), or Japanese proceedings before parties may file suit organization of China or officials apple curculio (R. heros), APHIS may in court challenging this rule. authorized by the national plant protection organization of China must reject the lot or consignment. Paperwork Reduction Act inspect the registered production site for (b) Packing requirements. (1) The In accordance with the Paperwork signs of pest infestation and allow fragrant pears must be packed in cartons Reduction Act of 1995 (44 U.S.C. 3501 APHIS to monitor the inspections. The that are labeled in accordance with et seq.), the information collection or national plant protection organization of § 319.56–2(g). recordkeeping requirements included in China must provide APHIS with (2) The fragrant pears must be held in this rule have been approved by the information on pest detections and pest a cold storage facility while awaiting Office of Management and Budget detection practices, and APHIS must export. If fruit from unregistered (OMB) under OMB control number approve the pest detection practices. production sites are stored in the same 0579–0227. (4) If any of the quarantine pests listed facility, the fragrant pears must be in this section are found during the pre- isolated from that other fruit. Government Paperwork Elimination Act harvest inspection or at any other time, (c) Shipping requirements. (1) The Compliance the national plant protection fragrant pears must be shipped in The Animal and Plant Health organization of China must notify insect-proof containers and all pears Inspection Service is committed to APHIS immediately. must be safeguarded during transport to
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the United States in a manner that will DEPARTMENT OF TRANSPORTATION Administration, 800 Independence prevent pest infestation. Avenue, SW., Washington, DC 20591; Federal Aviation Administration (2) The fragrant pears may be telephone: (202) 267–8783. imported only under a permit issued by SUPPLEMENTARY INFORMATION: 14 CFR Part 71 APHIS in accordance with § 319.56–4. History (3) Each shipment of pears must be [Docket No. FAA–2005–21381; Airspace Docket No. 05–ASW–2] On December 15, 2005, a final rule for accompanied by a phytosanitary Airspace Docket No. 05–ASW–2 was certificate issued by the national plant RIN 2120–AA66 published in the Federal Register (70 protection organization of China stating FR 74197). This rule established three that the conditions of this section have Establishment of Area Navigation RNAV routes (Q–20, Q–22, and Q–24) been met and that the shipment has Routes; Southwestern and South over the Southwestern and South been inspected and found free of the Central United States Central United States. In the description pests listed in this section. AGENCY: Federal Aviation for Q–20, the latitude for the HONDS fix ° ′ ″ (Approved by the Office of Management and Administration (FAA), DOT. was inadvertently listed as lat. 33 33 60 ° ′ ″ Budget under control number 0579–0227) ACTION: Final rule; correction. N. rather than lat. 33 34 00 N. This Done in Washington, DC, this 19th day of action corrects that error. December 2005. SUMMARY: This action corrects an error Correction to Final Rule in the legal description of an Area Kevin Shea, Navigation (RNAV) route listed in a Accordingly, pursuant to the Acting Administrator, Animal and Plant final rule published in the Federal authority delegated to me, the legal Health Inspection Service. Register on December 15, 2005 (70 FR description for Q–20 as published in the [FR Doc. 05–24423 Filed 12–22–05; 8:45 am] 74197), Airspace Docket No. 05–ASW– Federal Register on December 15, 2005 BILLING CODE 3410–34–P 2. (70 FR 74197), and incorporated by EFFECTIVE DATE: 0901 UTC, February 16, reference in 14 CFR 71.1, are corrected 2006. as follows: FOR FURTHER INFORMATION CONTACT: PART 71—[AMENDED] Steve Rohring, Airspace and Rules, Office of System Operations Airspace § 71.1 [Amended] and AIM, Federal Aviation * * * * *
Q–20 CNX TO JCT [CORRECTED]
CNX ...... VORTAC ...... (lat. 34°22′01″ N., long. 105°40′41″ W.) HONDS ...... FIX ...... (lat. 33°34′00″ N., long. 104°51′12″ W.) UNNOS ...... WP ...... (lat. 32°57′00″ N., long. 103°56′00″ W.) FUSCO ...... WP ...... (lat. 31°11′02″ N., long. 101°19′30″ W.) JCT ...... VORTAC ...... (lat. 30°35′53″ N., long. 099°49′03″ W.)
* * * * * ACTION: Final rule. notice of proposed rulemaking to Issued in Washington, DC, on December modify the Orlando International SUMMARY: This action establishes Class Airport, FL, Class B airspace area, 19, 2005. C airspace at the Orlando Sanford Edith V. Parish, establish the Orlando Sanford International Airport (SFB), FL; revokes International Airport Class C airspace, Manager, Airspace and Rules. the existing Sanford, FL, Class D and revoke the existing Sanford Airport [FR Doc. 05–24432 Filed 12–22–05; 8:45 am] airspace area and its associated Class E Class D airspace (70 FR 45599). The BILLING CODE 4910–13–P airspace extension; and modifies the FAA proposed to realign the MCO Class existing Orlando International Airport B airspace area (within the existing (MCO), FL, Class B airspace area. The lateral boundaries) due to the DEPARTMENT OF TRANSPORTATION FAA is taking this action to improve the commissioning of runway 17L/35R; to flow of air traffic, enhance safety, and Federal Aviation Administration ensure that MCO arrivals and departures reduce the potential for midair collision are retained within Class B airspace; in the Orlando, FL, terminal area. 14 CFR Part 71 and adjust the configuration of the Class EFFECTIVE DATE: 0901 UTC, February 16, B airspace area to accommodate the [Docket No. FAA–2005–20700; Airspace 2006. Orlando Sanford International Airport Docket No. 04–AWA–8] FOR FURTHER INFORMATION CONTACT: Paul Class C airspace area. The FAA Gallant, Airspace and Rules, Office of proposed to establish the SFB Class C RIN 2120–AA66 System Operations Airspace and AIM, airspace area to enhance safety and Establishment of Class C Airspace and Federal Aviation Administration, 800 improve the management of air traffic in Revocation of Class D Airspace, Independence Avenue, SW., the terminal area. Orlando Sanford International Airport, Washington, DC 20591; telephone: (202) Interested parties were invited to FL; and Modification of the Orlando 267–8783. participate in this rulemaking effort by International Airport Class B Airspace SUPPLEMENTARY INFORMATION: submitting written comments on the Area, FL proposal. In response to the NPRM, the Background FAA received 20 written comments. AGENCY: Federal Aviation On August 8, 2005, the FAA Many of the commenters identified Administration (FAA), DOT. published in the Federal Register a themselves as pilots who operate
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within, or through, the local area. All services will improve safety for aircraft would not eliminate initial call-ups to comments received were considered operating at SFB and for VFR aircraft the Tower by VFR aircraft operating in before making a determination on the transitioning the area. the area. It was also suggested that, final rule. An analysis of the comments One commenter said the FAA should instead of establishing Class C airspace received and the FAA’s responses are pursue nonregulatory alternatives to at SFB, the FAA should expand the contained in the ‘‘Discussion of Class C airspace at SFB such as: Adjust MCO Class B or the SFB Class D Comments’’ section, below. staffing to address safety and controller airspace areas to address the issue of workload concerns; modify the MCO Discussion of Comments SFB air carrier arrivals exiting Class B Class B airspace area or the existing SFB or D airspace prior to the four-mile Three commenters (a commercial Class D airspace area to contain aircraft point on final approach. Expanding the carrier, a flight instructor, and a local beyond the four-mile final; and delegate MCO Class B airspace area to cover this flying club) wrote in support of the the sequencing of SFB arrivals to MCO airspace would not be appropriate proposed action. The remaining approach control by letter of agreement because Class B airspace is not needed commenters objected to various aspects rather than by establishing additional in that area to support MCO operations. of the proposal, with most opposition regulatory airspace. Additionally, expanding Class B directed at the proposed establishment FAA Response: FAA policy requires airspace to encompass SFB final of Class C airspace at SFB. that, prior to considering designation of approach operations would hamper VFR One commenter felt that changes to Class C airspace at a given location, operations at SFB by placing additional the MCO Class B to accommodate the nonregulatory alternatives that would regulatory requirements on VFR pilots proposed SFB Class C airspace might be provide an acceptable level of safety operating at SFB. Class D airspace unsafe. Concern was expressed that must be utilized such as: Improved design criteria do not allow for the modification of the east-west visual radar services, pilot/controller length of extensions that would be flight rules (VFR) flyway between SFB education programs, and safety required to contain the SFB ILS final and Orlando Executive Airport would seminars. As discussed in the NPRM, a approach course. The FAA believes that compress traffic due to the locations of number of nonrulemaking actions were enhanced traffic flow and increased VFR practice areas and the Bithlo taken to address safety in the SFB area, safety will be achieved through the television towers. including: (1) The installation of Digital FAA Response: The FAA does not designation of the SFB Class C airspace Bright Radar Tower Equipment at SFB area. agree. The modification of the MCO ATCT; (2) annual Operation Rain Check Several commenters questioned the Class B airspace area to accommodate pilot-controller forums; (3) periodic user adequacy of air traffic controller staffing the SFB Class C airspace will not group meetings and safety meetings; (4) levels to handle the workload resulting adversely impact operations to or from procedural initiatives to keep larger from the modification of the MCO Class MCO. In addition, raising the floor of arriving aircraft at higher altitudes away B and designation of the SFB Class C Class B airspace from 1,600 feet MSL to from slower traffic and rerouting of airspace. 2,000 feet MSL around Orlando arrivals to avoid a flight training area; Executive Airport will provide (5) set up of standard VFR arrival areas; FAA Response: Staffing and additional airspace for VFR aircraft to and (6) development of various equipment resources are already in utilize while remaining below the floor procedures for more efficient handling place to support the MCO Class B of the MCO Class B airspace. The east- of flight school operations in the modifications and the establishment of west flyway will be moved only one or Orlando area. These nonregulatory the SFB Class C airspace. Procedures two miles south of its current location efforts have, indeed, contributed to have been developed to operate SFB and will remain north of the Bithlo enhanced safety at SFB. However, traffic with Class C airspace. Further, MCO towers and north of the Lake Apopka conflicts in the SFB area remain a TRACON has added an additional sector practice area. The modifications will concern and the FAA believes that, and radio frequency, and requested an provide additional flyway and transition considering rising passenger additional VFR code block, in airspace for VFR aircraft as compared to enplanements, and the traffic mix and preparation for the expected additional the present airspace configuration. volume in the Central Florida terminal volume to be generated by the airspace A number of commenters, including area, additional action is needed in the changes. Class C airspace will generate the Aircraft Owners and Pilots form of Class C airspace to maintain the an increased workload for the SFB Association (AOPA) cited the excellent excellent safety record. The Clearance Delivery position, but that safety record at SFB as evidence that commenter’s suggestion to adjust position is prepared to handle the Class C airspace is not needed at that staffing as a means to reduce SFB tower increase. Staffing and equipment levels location. controller workload would not be are adequate to provide all Class C FAA Response: The FAA agrees that feasible to resolve the problem. A services without impacting safety or SFB has had an excellent safety record. concern at SFB is the mix of small and efficiency and the FAA does not expect However, during calendar year 2004, large aircraft that use runway 9L/27R staffing to be an issue for MCO or SFB. SFB experienced an increase in runway and operate in the airspace along the However, should circumstances arise incursions. During calendar year 2005, SFB final approach and departure areas. that indicate a need for additional SFB undertook proactive measures that One controller works runway 9L/27R resources, action will be taken to obtain successfully reduced the number of traffic, and splitting the position them. runway incursions. Based on growing responsibilities is not possible. One commenter questioned the passenger enplanements, traffic mix, Therefore, additional staffing would not justification for Class C airspace at SFB and complexity, the FAA believes that alleviate the workload concerns. based on the passenger enplanement the designation of Class C airspace at Another suggested alternative for count, stating the enplanement data SFB is a necessary step toward reducing SFB Tower workload was to alone do not tell the full story, and two maintaining that record by further delegate the sequencing of SFB arrivals commenters questioned the validity of improving safety and enhancing the to MCO approach control by a letter of Class C airspace at SFB because the SFB management of air traffic operations in agreement rather than establishing Class operations count has declined below the the area. Receiving Class C radar C airspace. However, such a procedure criteria threshold.
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FAA Response: The FAA agrees that MCO, and SFB, operations at each cutoff along latitude 28°41′36″ N. This enplanements are not the sole factor in airport must be taken into account when modification provides additional determining a need for Class C airspace. examining the terminal area. Due to the airspace in the east-west VFR flyway Instrument operations and passenger size of the area encompassed by the located between Orlando Executive and enplanement data are used to identify MCO Class B airspace, a study of air SFB. an airport as a possible candidate for traffic operations and airspace in that A majority of the commenters stated Class C airspace. For an airport to be area must necessarily include a regional that the SFB Class C airspace would identified as a candidate for Class C perspective. In 2003, the FAA adversely impact, and place undue airspace, the airport must be serviced by completed a preliminary staff study to burdens on, VFR operations to, from, an operational airport traffic control examine the need for Class C airspace at and transiting the terminal area. Several tower and a radar approach control. In Orlando Executive Airport. However, writers commented that they currently addition, the airport must meet at least the instrument operations count for the are able to operate to and from SFB ONE of the following: (1) An annual airport dropped below the 75,000 without problems or delays. Several instrument operations count of 75,000 at criteria, so further action was not commenters felt that the existing MCO the primary airport; (2) an annual pursued. The FAA believes that Class B airspace dominates the region instrument operations count of 100,000 implementation of Class C airspace at and currently restricts VFR flying and at the primary and secondary airports in Orlando Executive Airport at this time that adding the SFB Class C airspace the terminal area hub; or (3) an annual would be overly restrictive to VFR would make flying in the area more count of 250,000 enplaned passengers at operations at Orlando Executive confusing. Commenters were also the primary airport. These criteria only Airport. It should be noted that FAA concerned that the implementation of identify an airport as a candidate for policy directives call for terminal Class C airspace might cause congestion possible Class C airspace designation. airspace designations to be reviewed and bottlenecks on approach control Since the enplaned passenger count for every two years; therefore, airspace frequencies and otherwise result in SFB exceeds 600,000, it is a legitimate requirements at Orlando Executive limitations on general aviation access to candidate for Class C airspace. A range Airport will be subject to further review. the airspace. of other factors must also be considered The FAA does not believe that this FAA Response: The FAA does not when determining if a need for Class C rulemaking action will adversely affect agree. Current traffic routings and airspace exists. However, a need to safety for pilots operating to or from proposed Class C routings were enhance safety is the main Orlando Executive Airport, nor should compared and it was found that the new consideration in evaluating these pilots experience delays as a result. A Class C airspace would have minimal factors. SFB ranks as the 24th busiest similar situation exists in southern negative impact on users. Procedures for tower in the United States. SFB serves Florida and safety has not been the Class C airspace operation will a combination of large aircraft with high compromised. allow SFB users to continue flying passenger counts mixed with general One pilot wrote that the proposed much as they do today. The FAA aviation operations, and a high level of SFB Class C airspace configuration believes that this rule will provide an flight training activities. The FAA might be unsafe, citing the amount of additional level of safety for VFR believes that the SFB Class C airspace restricted or otherwise controlled aircraft operating at SFB and in the area is justified to provide a safer airspace already in the area (R–2910, Orlando terminal area. A minimal environment for this mix of operations. MCO Class B, Daytona Beach Class C, increase in flying miles (five miles The Greater Orlando Airports etc.). The commenter objected to placing further west or east of SFB) may be Authority (GOAA) expressed concerns Class C airspace around SFB that would required for pilots desiring to transit about the impact on safety for pilots extend farther north than the current outside the SFB Class C and MCO Class flying to Orlando Executive Airport. The MCO Class B airspace boundary. This B airspace areas. With Class C airspace, GOAA noted that Orlando Executive would crowd VFR aircraft into less all VFR aircraft flying to SFB will Airport, with Class D airspace, will be space, particularly to the northwest of receive radar service. ATC will utilize located between two more restrictive the proposed outer ring where two three arrival sectors for handling types of airspace; that is, Class B at towers extend to over 1,700 feet MSL. inbound aircraft. This will result in less MCO and Class C at SFB. The GOAA FAA Response: The commenter is difficulty arriving at SFB and may believes that the FAA did not use a incorrect regarding the extent of the SFB reduce flying time to enter the traffic regional approach in studying the 10-NM ring. The original configuration pattern. The modifications to the MCO terminal area airspace, and requested of the proposed SFB Class C airspace Class B airspace will also provide that the FAA implement Class C did include a full 10-NM ring north of additional airspace for VFR aircraft in airspace at Orlando Executive the airport. However, based on feedback the area to the north of Orlando concurrent with the designation of Class from the ad hoc committee meetings, Executive Airport and south of the SFB C airspace at SFB. and as described in the NPRM, the Class C airspace area. A new north- FAA Response: The FAA does not proposed SFB Class C airspace design south VFR flyway is being added to the agree with GOAA’s concerns regarding was changed so that the 10-NM ring was east of the SFB Class C airspace area. the extent or validity of the airspace eliminated north of the current northern The FAA is also establishing two new study. FAA directives list the factors to boundary of the MCO Class B airspace VFR waypoints (VPAPO southwest of be examined in the airspace staff study area along latitude 28°53′00″ N. SFB at lat. 28°40′15″ N., long. 81°31′31″ when considering Class B and Class C Therefore, Class C airspace will not W.; and VPBIT southeast of SFB at lat. airspace proposals. These include an extend into the airspace in question 28°39′54″ N., long. 81°01′18″ W.). The examination of VFR and IFR traffic near the towers nor will the SFB Class new waypoints will assist VFR flows into, out of, and through the C airspace result in additional crowding navigation through the expanded east- terminal area; air traffic at each satellite of VFR aircraft between the Daytona west VFR flyway that lies between airport in the area; and a description of Beach Class C airspace area and the Orlando Executive Airport and SFB, and overall air traffic operations in the current northern edge of the MCO Class the north-south flyways to the east and overall area. Considering the close B airspace area. Similarly, to the south west of the SFB Class C airspace area. proximity of Orlando Executive Airport, of SFB, the Class C 10-NM ring was The FAA will allow SFB VFR
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departures, on pilot request, to remain obtain a Class B clearance or establish 8. Establish Class C airspace at on SFB ATCT frequency and terminate communications in order to enter Class Orlando Executive Airport concurrent service at the 5-mile Class C airspace C airspace. with the SFB Class C airspace ring. The FAA also will continue the Several commenters, including implementation. procedure whereby departing VFR AOPA, argued that the FAA did not With the exception of the VFR flyway aircraft at Orlando Executive Airport follow the ad hoc committee process, over SFB, the alignment of the Class C may request a transponder code on the ignored public input, and/or did not boundary along Lake Harney, the ground. Currently, most Orlando obtain sufficient user involvement in requested 1,600 feet MSL floor in the 5– Executive VFR northbound departures developing this airspace proposal. 10 mile ring, and the designation of fly around the SFB Class D airspace. FAA Response: Substantial user input Class C airspace at Orlando Executive The addition of the SFB Class C airspace was obtained in developing the MCO/ Airport, the above recommendations will only slightly increase flying miles SFB airspace proposal. Ad hoc user were adopted. meetings were held on January 14, as noted above. Since the changes The Rule implemented by this rulemaking action February 25, and March 17, 2003. The lie totally within the existing MCO FAA did encounter a delay in mailing This action amends Title 14 Code of mode C veil, no additional aircraft of the announcement of the two Federal Aviation Regulations (14 CFR) equipment requirements are imposed in Informal Airspace Meetings held in part 71 to modify the MCO Class B order to operate in the area. As November 2003. As a result, airspace area, establish the SFB Class C discussed under the comments supplemental notifications were made airspace area, and revoke the SFB Class regarding staffing, above, the FAA has to various organizations via e-mail and D airspace area. The specifics of this taken steps to ensure that MCO the information was displayed on the action (depicted on the attached chart) approach control is prepared to handle MCO Tower web site. The NPRM also are summarized in the following the workload generated by the provided a 60-day comment period, paragraphs. In addition, this rule implementation of the SFB Class C which resulted in 20 written comments revokes the Class E airspace extension airspace area. being submitted to the FAA. to the SFB Class D airspace area. A suggestion was made that the floor Additionally, discussions on the project Orlando Sanford International Airport of the SFB Class C airspace in the 5–10 have been included at regular local Class C Airspace mile ring be raised from 1,300 feet MSL airport user meetings since early 2003. to 1,600 feet MSL to allow transiting The comment that the FAA ignored The Sanford Class C airspace area is VFR aircraft to fly beneath the area at public input is without basis. In fact, the described as follows: That airspace extending upward from 1,500 feet MSL. NPRM specifically addressed at least the surface to but not including 3,000 FAA Response: The FAA does not seven specific issues that were raised in feet MSL within a 5-mile radius of the agree with the suggestion. The crossing a letter submitted to the FAA by an Sanford International Airport (SFB), altitudes at the final approach fixes are aviation organization as a result of excluding that airspace from the surface 1,500 feet MSL and 1,600 feet MSL. public meetings. The NPRM also to but not including 700 feet MSL in the Raising the floor as suggested would discussed a number of vicinity of Cedar Knoll Flying Ranch result in conflicts that the Class C recommendations that resulted from the Airport within the area beginning at lat. airspace is designed to eliminate. ad hoc committee meetings and 28°50′00″ N., long. 81°10′00″ W., thence One commenter suggested that a included issues discussed at the clockwise along the SFB 5-mile radius north-south VFR flyway be established November 2003 Informal Airspace arc to lat. 28°43′20″ N., long. 81°10′00″ directly over SFB. Meetings. FAA Response: The FAA does not The following is a summary of the ad W., thence north to the point of agree. Currently, aircraft transitioning hoc committee recommendations: beginning; and that airspace extending over SFB at 1,500 feet MSL, as approved 1. Reduce the Class C 10-mile ring upward from 1,300 feet MSL to but not by SFB Tower, total only about five per north of SFB to align with the current including 3,000 feet MSL within the day. With the implementation of the Class B boundary. area beginning northeast of the primary SFB Class C airspace area, a transition 2. Include a cutout from the Class C airport at the intersection of the SFB 10- ° ′ ″ over SFB at 2,500 feet MSL would be airspace area to accommodate the Cedar mile radius arc and lat. 28 53 00 N., possible for aircraft in contact with Knoll Flying Ranch Airport. thence clockwise along the SFB 10-mile MCO approach control. A VFR flyway 3. Provide a procedure allowing SFB radius arc to lat. 28°41′36″ N., then west directly over SFB would not be feasible. VFR departures to remain with the along lat. 28°41′36″ N. to the VFR flyways provide general flight Tower and terminate services at the intersection of the SFB 10-mile radius paths for pilots planning flights into, out five-mile ring, below the Class C arc, then clockwise along the SFB 10- of, through, or near complex terminal airspace outer area. mile radius arc to lat. 28°53′00″ N., then airspace so as to avoid Class B airspace. 4. Permit Orlando Executive Airport east along lat. 28°53′00″ N., to the point Flyway altitudes must avoid airspace VFR departures to obtain a transponder of beginning. that requires prior authorization or code on the ground. The SFB Class C airspace area will be clearance to enter. A flyway over SFB 5. Establish an uncontrolled VFR effective during times when the Orlando would result in departures being flyway over SFB at 2,500 feet MSL and Sanford International ATCT is in restricted below the flyway altitude a new flyway east of the proposed SFB operation. These times will be until clear of the flyway. The airspace Class C airspace. published in the appropriate volume of between 2,000 feet MSL and 3,000 feet 6. Realign the eastern edge of the the Airport/Facility Directory. MSL over SFB is used to transition proposed Class C airspace to follow the The Sanford Class C airspace will arrivals and departures to/from Orlando shore of Lake Harney. replace the existing Sanford Class D Executive Airport. Due to the 7. Raise the floor of the proposed SFB airspace area, which will be revoked complexity of the airspace in the SFB Class C from 1,300 feet MSL to 1,600 through this rule. In addition, although area, the suggested flyway is not feasible feet MSL within the 5–10 mile ring to not addressed in the NPRM, this action because it would impact SFB enable VFR aircraft to fly beneath it at also revokes the existing Class E operations, and/or require pilots to 1,500 feet MSL. airspace extension to the SFB Class D
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airspace area. Since the Class D airspace airspace between Sanford International FAA has determined that this final rule: area is being revoked, the Class E Airport and Orlando Executive Airport (1) Will generate benefits that justify its extension is no longer required. while still protecting Orlando minimal costs and is not a ‘‘significant International Airport arrivals. Also, the regulatory action’’ as defined in the Orlando International Airport Class B eastern boundary of Area D is moved Executive Order; (2) is not significant as Airspace eastward to long. 81°10′00″ W. to defined in the Department of This action modifies several areas accommodate the new runway at Transportation’s Regulatory Policies and within the Orlando Class B airspace to Orlando International Airport. Procedures; (3) will not have a accommodate the new Sanford Class C Area E. The boundary of Area E to the significant impact on a substantial airspace area; reflect the adjustment of east of Orlando International, currently number of small entities; (4) will not the Orlando International Airport ARP defined by long. 81°11′00″ W., is moved constitute a barrier to international as a result of the commissioning of the eastward one degree to long. 81°10′00″ trade; and (5) will not contain any fourth runway at Orlando International W. This modification accommodates the Federal intergovernmental or private Airport; and provide additional Class B new Orlando International Airport sector mandate. These analyses are airspace to ensure that Orlando runway. Additionally, Area E is summarized here in the preamble, and International Airport arrivals and expanded in the vicinity of Sanford so the full Regulatory Evaluation is in the departures are contained within Class B that Area E overlies the Sanford Class C docket. airspace. The existing outer-most airspace area and incorporates the The FAA proposed to change the boundaries of the Orlando Class B airspace from 3,000 feet MSL up to and Orlando Class B and the Orlando airspace area remain unchanged by including 10,000 feet MSL over Sanford, Sanford Airport Class D airspace areas. these modifications. that was formerly in Area C. Also, the The Orlando Class B airspace area The following describes the revisions southern boundary of Area E, located to modification will maintain the 10,000 to the Orlando Class B airspace area: the south of Sanford, is moved further feet MSL airspace ceiling and redefine Area A. Area A is recentered on lat. south by approximately 2.5 NM to align the lateral limits of several of the ° ′ ″ ° ′ ″ 28 25 46 N., long. 81 18 32 W. This it with the southern boundary of the existing subareas to improve the represents a shift of Area A slightly to Sanford Class C airspace area, along lat. management of air traffic operations in the east to recenter the area on the 28°41′36″ N. the Orlando terminal area. The Orlando revised Orlando International Airport Area F. That airspace described as Sanford Airport Class D airspace area ARP, which was adjusted due to the Area F in the existing Orlando Class B upgrade to a Class C airspace area will addition of the fourth runway at airspace area is renamed ‘‘Area G.’’ A lower the airspace area from 3,000 to Orlando International. new Area F is inserted to the west of 1,600 feet MSL and will include a Area B. The eastern boundary of Area Orlando International, adjacent to, and radius of 4.4 NM from the Orlando B is shifted approximately 1 NM east to west of, Area D and Area E. This new Sanford Airport up to but not including ° ′ ″ long. 81 10 00 W. to accommodate the Area F consists of that airspace located 1,600 feet MSL. new Orlando International Airport between long, 81°27′30″ W. and long. The FAA has determined that the runway. 81°32′00″ W., and bounded by the ORL changes to the Orlando Class B and the Area C. The section of Area C in the VORTAC 30-mile radius on the south, Orlando Sanford Airport Class D vicinity of Sanford International Airport and by lat. 28°53′00″ N., on the north. airspace areas will improve the is removed and replaced by the Sanford The floor of the new Area F is set at operational efficiency while Class C airspace area up to but not 4,000 feet MSL instead of the 6,000 feet maintaining aviation safety in the including 3,000 feet MSL, and by Area MSL floor in the existing Area F. The terminal airspace area. Also, clearer E from 3,000 feet MSL up to and lower floor provided by the new Area F boundary definition and changes to including 10,000 feet MSL. Area C in ensures that departures climbing lateral and vertical limits of some the vicinity of Orlando Executive westbound off MCO and arrivals on subareas will provide additional Airport is reduced in size. The airspace downwind leg for landing at Orlando airspace for use by VFR aircraft removed from Area C to the west, north, International remain within Class B transitioning to and from satellite and northeast of Orlando Executive airspace. airports. This proposal will impose only Airport is incorporated into Area D with Area G. The remaining sections of the negligible costs on some airspace users its higher Class B airspace floor of 2,000 existing Area F are renamed Area G as but could potentially reduce feet MSL. This change increases the a result of the addition of a new Area circumnavigation costs to other airspace amount of airspace available to VFR F, described above. users. aircraft allowing them to utilize that The final rule will result in negligible area below 2,000 feet and remain Regulatory Evaluation Summary additional administrative costs to the outside of Class B airspace. Also, the Changes to Federal Regulations must FAA and no additional operational costs eastern boundary of the Area C undergo several economic analyses. for personnel or equipment to the segments located to the north and south First, Executive Order 12866 directs that agency. Printing of aeronautical charts of Orlando International Airport is each Federal agency shall propose or which reflect the changes to the Class B modified by moving the eastern adopt a regulation only upon a reasoned area and the upgrade to Class C airspace boundary one degree east to long. determination that the benefits of the area will be accomplished during a 81°10′00″ W. to accommodate the new intended regulation justify its costs. scheduled chart printing, and will result runway. Second, the Regulatory Flexibility Act in no additional costs for plate Area D. Area D is expanded in size in requires agencies to analyze the modification and updating of charts. the vicinity of Orlando Executive economic effect of regulatory changes Furthermore, no staffing changes will be Airport by incorporating the airspace on small businesses and other small required to maintain the modified Class removed from Area C, as described entities. Third, the Office of B airspace area and the upgraded Class above. This change also raises the floor Management and Budget directs D airspace area. Potential increase in of Class B airspace in the affected area agencies to assess the effect of FAA operations workload could be from 1,600 feet MSL to 2,000 feet MSL, regulatory changes on international absorbed by current personnel and providing additional VFR flyway trade. In conducting these analyses, the equipment.
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In view of the negligible cost of International Trade Impact Assessment Authority: 49 U.S.C. 106(g), 40103, 40113, compliance, enhanced aviation safety, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Trade Impact Assessment and improved operational efficiency, 1963 Comp., p. 389. the FAA has determined that the final The Trade Agreement Act of 1979 § 71.1 [Amended] rule will be cost-beneficial. prohibits Federal agencies from I 2. The incorporation by reference in establishing any standards or engaging Final Regulatory Flexibility 14 CFR 71.1 of the Federal Aviation in related activities that create Determination Administration Order 7400.9N, unnecessary obstacles to the foreign Airspace Designations and Reporting The Regulatory Flexibility Act of 1980 commerce of the United States. Points, dated September 1, 2005, and establishes ‘‘as a principle of regulatory Legitimate domestic objectives, such as effective September 15, 2005, is issuance that agencies shall endeavor, safety, are not considered unnecessary amended as follows: consistent with the objective of the rule obstacles. The statute also requires and of applicable statutes, to fit consideration of international standards Paragraph 3000 Class B Airspace regulatory and informational and, where appropriate, that they be the * * * * * requirements to the scale of the basis for U.S. standards. The FAA has ASO FL B Orlando, FL [Revised] business, organizations, and assessed the potential effect of this governmental jurisdictions subject to (proposed/final) rule and determined Orlando International Airport (MCO) (Primary Airport) regulation.’’ To achieve that principal, that it will have only a domestic impact the Act requires agencies to solicit and (Lat. 28°25′46″ N., long. 81°18′32″ W.) and therefore no affect on any trade- Orlando VORTAC (ORL) consider flexible regulatory proposals sensitive activity. ° ′ ″ ° ′ ″ and to explain the rationale for their (Lat. 28 32 34 N., long. 81 20 06 W.) actions. The Act covers a wide-range of Unfunded Mandates Assementment Boundaries small entities, including small The Unfunded Mandates Reform Act Area A—That airspace extending upward businesses, not-for-profit organizations of 1995 (the Act) is intended, among from the surface to and including 10,000 feet and small governmental jurisdictions. MSL within a 5–NM radius from the Orlando Agencies must perform a review to other things, to curb the practice of International Airport. determine whether a proposed or final imposing unfunded Federal mandates Area B—That airspace extending upward rule will have a significant economic on State, local, and tribal governments. from 900 feet MSL to and including 10,000 impact on a substantial number of small Title II of the Act requires each Federal feet MSL beginning at a point of the entities. If the determination is that it agency to prepare a written statement intersection of State Road (S.R.) 423 (John assessing the effects of any Federal Young Parkway SW of ORL VORTAC) and will, the agency must prepare a Interstate 4, thence northeast along Interstate regulatory flexibility analysis (RFA) as mandate in a proposed or final agency rule that may result in an expenditure 4 to the intersection of Interstate 4 and S.R. described in the Act. 441 (Orange Blossom Trail), thence direct to However, if an agency determines that of $100 million or more (adjusted the intersection of Lake Underhill Road and a proposed or final rule is not expected annually for inflation) in any one year Palmer Street, thence east along Lake to have a significant economic impact by State, local, and tribal governments, Underhill Road to the intersection of Lake on a substantial number of small in the aggregate, or by the private sector; Underhill Road and the Central Florida such a mandate is deemed to be a Greenway (S.R. 417), thence direct to lat. entities, section 605(b) of the Act ° ′ ″ ° ′ ″ provides that the head of the agency ‘‘significant regulatory action.’’ The 28 29 22 N., long. 81 10 00 W. (the Stanton Power Plant), thence south to the intersection may so certify and an RFA is not FAA currently uses an inflation- adjusted value of $120.7 million in lieu of the ORL VORTAC 14-mile radius arc, required. The certification must include thence clockwise along the ORL VORTAC 14- a statement providing the factual basis of $100 million. mile radius arc to the intersection of S.R. 423, for this determination, and the This final rule does not contain such thence north along S.R. 423 to the point of reasoning should be clear. a mandate. The requirements of Title II beginning. The FAA has determined that the do not apply. Area C—That airspace extending upward final rule will have a de minimus from 1,600 feet MSL to and including 10,000 Paperwork Reduction Act impact on small entities. All feet MSL beginning at a point of the commercial and general aviation intersection of Interstate 4 and the Orlando In accordance with the Paperwork Executive Airport Class D airspace 4.2-mile operators who presently use the Reduction Act of 1980 (Pub. L. 96–511), radius arc (lat. 28°30′33″ N., long. 81°24′03″ Orlando International Airport are there are no requirements for W.), thence clockwise on the Orlando equipped to operate within the modified information collection associated with Executive Airport 4.2-mile radius to Class B airspace area. As for aircraft that this action. University Blvd., thence east on University regularly fly through the Orlando Blvd. to the intersection of S.R. 434, thence Sanford International Airport Class D List of Subjects in 14 CFR Part 71 east on lat. 28°35′50″ N. to long. 81°10′00″ ° ′ ″ airspace area, since the airport is Airspace, Incorporation by reference, W., thence south to lat. 28 29 22 N., thence situated within the established Orlando northwest direct to the intersection of Lake Navigation (air). Underhill Road and Central Florida Mode C Veil, all aircraft should already The Amendment Greenway (S.R. 417), thence west along Lake have the necessary equipment to Underhill Road to the intersection of Palmer transition the modified Class B airspace I In consideration of the foregoing, the Street, thence southwest to the point of area. Therefore, there will be no Federal Aviation Administration beginning. Also, that airspace south of the additional equipment cost to these amends 14 CFR part 71 as follows: primary airport extending upward from 1,600 entities. feet MSL to and including 10,000 feet MSL Accordingly, pursuant to the PART 71—DESIGNATION OF CLASS A, beginning at the point of intersection of long. 81°24′06″ W., and the ORL VORTAC 14-mile Regulatory Flexibility Act, 5 U.S.C. B, C, D, AND E AIRSPACE AREAS; AIR 605(b), as the Administrator of the radius arc, thence counterclockwise along the TRAFFIC SERVICE ROUTES; AND ORL VORTAC 14-mile radius arc to the Federal Aviation Administration, I REPORTING POINTS intersection of long. 81°10′00″ W., thence certify that this rule will not have a south to the intersection of the ORL VORTAC significant economic impact on a I 1. The authority citation for part 71 20-mile radius arc, thence clockwise along substantial number of small entities. continues to read as follows: the ORL VORTAC 20-mile radius arc to long.
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81°24′06″ W., thence north to the point of Area F—That airspace extending upward (Lat. 28°46′40″ N., long. 81°14′15″ W.) beginning. from 4,000 feet MSL to and including 10,000 Cedar Knoll Flying Ranch Airport (Private Area D—That airspace extending upward feet MSL beginning south of the primary Airport) from 2,000 feet MSL to and including 10,000 airport at the intersection of the ORL (Lat. 28°46′55″ N., long. 81°09′33″ W.) feet MSL beginning at a point of the VORTAC 30-mile radius arc and long. That airspace extending upward from the intersection of Interstate 4 and long. 81°27′30″ W., thence clockwise along the surface to but not including 3,000 feet MSL 81°27′30″ W., thence north to lat. 28°41′36″ ORL VORTAC 30-mile radius arc to long. within a 5-mile radius of the Orlando N., thence east to long. 81°10′00″ W., thence 81°32′00″ W., thence north to lat. 28°53′00″ south to lat. 28°35′50″ N., thence west to the N., thence east to long. 81°27′30″ W., thence Sanford International Airport, excluding that intersection of S.R. 434 and University Blvd., south to the point of beginning. airspace, from the surface to but not thence west on University Blvd. to the Area G—That airspace extending upward including 700 feet MSL in the vicinity of Orlando Executive Airport 4.2-mile radius from 6,000 feet MSL to and including 10,000 Cedar Knoll Flying Ranch Airport, within the ° ′ ″ arc, thence counterclockwise on the Orlando feet MSL beginning south of the primary area beginning at lat. 28 50 00 N., long. Executive Airport 4.2-mile radius arc to the airport at the intersection of the ORL 81°10′00″ W., thence clockwise along the intersection of Interstate 4, southwest of the VORTAC 30-mile radius arc and long. SFB 5-mile radius arc to lat. 28°43′20″ N., ORL VORTAC, thence west on Interstate 4 to 81°32′00″ W., thence clockwise on the ORL long. 81°10′00″ W., thence north to the point the intersection of S.R. 423, thence south VORTAC 30-mile radius arc to the of beginning; and that airspace extending along S.R. 423 to the intersection of the ORL intersection of Highway 27, thence north upward from 1,300 feet MSL to but not VORTAC 14-mile radius arc, thence along Highway 27 to the intersection of including 3,000 feet MSL within the area counterclockwise along the ORL VORTAC Highway 27 and long. 81°45′00″ W., thence beginning northeast of the primary airport at ° ′ ″ 14-mile radius arc to long. 81 24 06 W., north along long. 81°45′00″ W., to the the intersection of the SFB 10-mile radius arc thence south to the intersection of the ORL intersection of the ORL VORTAC 24-mile and lat. 28°53′00″ N., thence clockwise along VORTAC 20-mile radius arc, thence radius arc, thence clockwise along the ORL the SFB 10-mile radius arc to lat 28°41′36″ clockwise along the ORL VORTAC 20-mile VORTAC 24-mile radius arc to the N., thence westbound to the intersection of radius arc to the intersection of long. intersection of lat. 28°53′00″ N., thence east ° ′ ″ the SFB 10-mile radius arc, thence clockwise 81 27 30 W., thence north to the point of to the intersection of long. 81°32′00″ W., beginning. on the SFB 10-mile radius arc to lat. thence south to the point of beginning. Also 28°53′00″ N., thence east to the point of Area E—That airspace extending upward that airspace extending upward from 6,000 from 3,000 feet MSL to and including 10,000 beginning. This Class C airspace area is feet MSL to and including 10,000 feet MSL effective during the specific days and hours feet MSL beginning at a point of the beginning at the Florida Power transmission ° ′ ″ of operation of the Orlando Sanford intersection of lat. 28 41 36 N., long. lines at lat. 28°41′36″ N., long. 81°05′09″ W., ° ′ ″ International Airport Tower as established in 81 27 30 W., thence north to the intersection thence east along lat. 28°41′36″ N. to the ° ′ ″ advance by Notice to Airmen. The effective of lat. 28 53 00 N., thence east to the Florida Power transmission lines at lat. intersection of the MCO Mode C Veil 30–NM 28°41′36″ N., long. 80°54′26″ W., thence dates and times will thereafter be radius arc, thence southeast along the MCO southeast and south along these power lines continuously published in the Airport/ Mode C Veil 30–NM radius arc to the to the intersection of Highway 50, thence Facility Directory. intersection of the power lines at lat. south to the power lines at lat. 28°22′14″ N., 28°50′20″ N., thence southeast along these * * * * * long. 80°52′30″ W., thence southwest along power lines to lat. 28°41′36″ N., thence west Paragraph 5000 Class D Airspace ° ′ ″ these power lines to the intersection of long. to long. 81 05 09 W., thence south along the ° ′ ″ Florida Power transmission lines to the 81 04 40 W., thence north along long. * * * * * 81°04′40″ W., to the intersection of the Bee intersection of Highway 50 at lat. 28°32′10″ ASO FL D Sanford, FL [Remove] ° ′ ″ Line Expressway at lat. 28°27′00″ N., long. N., long. 81 03 35 W., thence south to the ° ′ ″ Bee Line Expressway at lat. 28°27′05″ N., 81 04 40 W., thence east along the Bee Line * * * * * Expressway to lat. 28°27′05″ N., long. long. 81°03′45″ W., thence west along the Bee Paragraph 6004 Class E Airspace Areas 81°03′45″ W., thence north to the intersection Line Expressway to the intersection of lat. Designated as an Extension to a Class D 28°27′00″ N., long. 81°04′40″ W., thence of Highway 50 and the Florida Power ° ′ ″ Surface Area south to the intersection of the ORL VORTAC transmission lines at lat. 28 32 10 N., long. ° ′ ″ 30-mile radius arc, thence clockwise along 81 03 45 W., thence north along these power * * * * * lines to the point of beginning. the ORL VORTAC 30-mile radius arc to long. ASO FL E4 Sanford, FL [Remove] 81°27′30″ W., thence north on long. 81°27′30″ * * * * * W., to the intersection of the ORL VORTAC * * * * * 20-mile radius arc, thence counterclockwise Paragraph 4000 Class C Airspace Issued in Washington, DC, on December along the ORL VORTAC 20-mile radius arc * * * * * 20, 2005. to the intersection of long. 81°10′00″ W., Edith V. Parish, thence north to the intersection of lat. ASO FL C Sanford, FL [New] 28°41′36″ N., thence west to the point of Orlando Sanford International Airport (SFB) Manager, Airspace and Rules. beginning. (Primary Airport) BILLING CODE 4910–13–U
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[FR Doc. 05–24433 Filed 12–22–05; 8:45 am] BILLING CODE 4910–13–C
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DEPARTMENT OF TRANSPORTATION adequate justification has not been not capable of causing significant provided for establishing a prohibited damage to buildings or equipment. Federal Aviation Administration area at Kings Bay, GA. FAA Response: The FAA does not FAA Response: The purpose of agree. Submarine characteristics and 14 CFR Part 73 establishing Prohibited Area P–50 is to design information is classified and, [Docket No. FAA–2003–15976; Airspace be proactive in preventing terrorism therefore, cannot be discussed here. Docket No. 03–AWA–5] rather than reactive. The September 11, However, the potential for serious 2001, attacks identified some RIN 2120–AA66 damage to the vessels does exist weaknesses in the defense of certain whether it is the result of a direct Establishment of Prohibited Area P– critical U.S. assets, and some analysts impact or collateral damage. 50; Kings Bay, GA still claim that necessary steps to prevent future terrorist attacks have not Numerous commenters, including the AGENCY: Federal Aviation been taken. P–50 is just one part of the Aircraft Owners and Pilots Association Administration (FAA), DOT. U.S. Navy’s integrated, layered defense (AOPA) and the General Aviation ACTION: Final rule. plan for the Kings Bay facility. The Manufacturers Association (GAMA), submarines berthed at Kings Bay are said that the FAA should consider SUMMARY: This action establishes vital assets that require continual alternatives to a permanent prohibited Prohibited Area P–50 over the U.S. protection, not just during periods of airspace designation. They cited a Naval Submarine Base, Kings Bay, GA. heightened security. number of actions taken by the Federal The prohibited area replaces a A number of commenters stated that government since September 11, 2001, Temporary Flight Restriction (TFR) that a prohibited area would do nothing to to enhance aviation security, including: is currently in effect at that location. enhance actual security at Kings Bay. It advanced screening of pilot data bases, The FAA is taking this action in would provide no deterrence to flight training restrictions and response to a request from the U.S. Navy terrorists because they do not follow the background checks for foreign nationals as part of its efforts to enhance the rules anyway. Commenters expressed seeking flight training, and various security of the Naval Submarine Base, doubt that a prohibited area would requirements pertaining to flight school Kings Bay, GA. provide adequate time for the Navy to operations. In addition, AOPA’s EFFECTIVE DATE: 0901 UTC, February 16, react to a threat. Further, the area would nationwide Airport Watch program was 2006. only serve to limit the freedom of law- initiated to improve the security of FOR FURTHER INFORMATION CONTACT: Paul abiding pilots and possibly put an airports and aircraft. AOPA called for Gallant, Airspace and Rules, Office of aircraft at risk of a shoot down in the the FAA to issue an advisory for pilots, System Operations Airspace and AIM, event of an inadvertent penetration of similar to that contained in the current Federal Aviation Administration, 800 the prohibited area caused by an aircraft Notice to Airmen (NOTAM) that advises Independence Avenue, SW., emergency or malfunction, lost pilot, or pilots to avoid flight near nuclear power Washington, DC 20591; telephone: (202) some other innocent circumstance. plants, instead of implementing the 267–8783. FAA Response: The FAA agrees that prohibited area. SUPPLEMENTARY INFORMATION: a prohibited area designation, in itself, FAA Response: The FAA agrees that presents no physical impediment to the initiatives described above have History stop an attack. However, the Navy is contributed to aviation system security. aggressively pursuing a multitude of On February 26, 2004, the FAA However, these general initiatives do defensive measures at Kings Bay to published in the Federal Register a not negate the need for specific prevent an airborne attack. Each of these notice of proposed rulemaking to measures at the Kings Bay Naval Base. measures includes the identification of establish a prohibited area over the U.S. Regarding the suggestion that the FAA hostile aircraft. P–50 will enhance the Naval Submarine Base, Kings Bay, GA issue an advisory avoidance NOTAM protection of U.S. assets by reducing (69 FR 8884). The FAA proposed this instead of establishing a prohibited area, low altitude aircraft overflights of the action, at the request of the U.S. Navy, it should be noted that the ‘‘power facility and provide a better means for to enhance the security of the Kings Bay plant’’ NOTAM discussed above is a identifying potentially hostile aircraft. facility. Interested parties were invited voluntary measure and does not to participate in this rulemaking effort The purpose of P–50, then, is not to provide a sterile environment for prohibit aircraft overflight of a facility. by submitting written comments on the By prohibiting flight in the airspace proposal. The comment period ended airborne assets to engage a hostile aircraft. An aircraft intruding into the above the base, the Navy’s defense force April 12, 2004. A total of 124 comments can more easily focus on the were received in response to the notice. prohibited area will draw the attention of ground security forces and may identification of a potential threat and All comments received were considered react accordingly. in this rulemaking action, including six provide the ‘‘heads up’’ notice required comments received by the Document to take proper action to prevent or The majority of the commenters, Management System after the closing lessen the severity of an attack. An including AOPA, GAMA, and the St. date. incursion into P–50 would not Marys Airport Authority, opposed the automatically equate to hostile intent or prohibited area because it would Discussion of Comments trigger a defensive response. severely impact the operation of the One commenter wrote in support of Several commenters stated that nearby St. Marys Airport (4J6), St. the proposed action. All other general aviation (GA) aircraft are too Marys, GA. The airport has been commenters opposed the establishment small to be a viable threat to the continuously impacted by various TFR of the prohibited area. The following is submarines at the Kings Bay facility. over the Kings Bay Naval Base since a discussion of the substantive One commenter cited the January 2002 September 13, 2001. The commenters comments received. intentional crash by a suicidal pilot of cited numerous adverse impacts on the Many commenters contended that a small aircraft into a Tampa, FL, office airport and community, including: there is no credible terrorist threat and building as evidence that GA aircraft are cancellation of the only instrument
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approach procedure serving the airport, and Eglin AFB, FL, are located in close evaluation as the anticipated impact is thereby reducing the airport to Visual proximity to civilian airports without a so minimal. Since this is a routine Flight Rules only operations; adverse similar airspace restriction. matter that will only affect air traffic impact on the safety and usefulness of FAA Response: The commenter is procedures and air navigation, it is the airport due to the proximity of the correct; however, other military certified that this rule, when TFR/prohibited area to the main airport installations do not have the same promulgated, will not have a significant runway 4/22 (which is the only runway operational requirements or mission as economic impact on a substantial with lighting for night operations); that of the Naval Submarine Base, Kings number of small entities under the Bay, GA. reluctance of user to conduct flight criteria of the Regulatory Flexibility Act. training at the airport due to the risk of Statutory Authority unintentional penetration of the TFR/ Environmental Review prohibited area; the airport has become The FAA Administrator has broad less attractive to commercial operators; authority under Title 49 of the United The FAA has determined that this and, loss of jobs and lessened economic States Code (49 U.S.C.) to regulate the action qualifies for a categorical growth in the local area. Some use of the navigable airspace. In exclusion from further environmental commenters added that, because of the exercising that authority, the analysis under the National restrictions, the government should pay Administrator is required to give Environmental Policy Act in accordance to install runway lighting and establish consideration to the requirements of with FAA Order 1050.1E, instrument approach procedures for the national defense and commercial and Environmental Impacts: Policies and remaining runway 13/31. Other general aviation, and the public right of Procedures, paragraphs 303d and 312d. commenters said the government should freedom of transit through the navigable pay to relocate St. Marys Airport to a airspace (49 U.S.C. 40101). The List of Subjects in 14 CFR Part 73 Administrator is also empowered to site unaffected by the Kings Bay Airspace, Prohibited areas, Restricted restrictions. develop plans and policy for the use of FAA Response: The FAA agrees that the navigable airspace and assign by areas. the restrictions imposed by the current regulation or order the use of the Adoption of Amendment TFR adversely affect St. Marys Airport airspace necessary to ensure the safety operations. These restrictions will of aircraft and the efficient use of I In consideration of the foregoing, the continue to exist under the proposed airspace (49 U.S.C. 40103(b)). Federal Aviation Administration prohibited area. The airport’s close Additionally, the Administrator shall, in amends 14 CFR part 73 as follows: proximity to the Kings Bay base limits consultation with the Secretary of the options available to offset the Defense, establish areas in the airspace PART 73—SPECIAL USE AIRSPACE restrictions imposed by the TFR and the the Administrator decides are necessary proposed prohibited area. Until in the interest of national defense (49 I 1. The authority citation for part 73 recently, the only instrument approach U.S.C. 40103(b)(3)(A)). continues to read as follows: serving the St. Marys Airport was the The Rule Authority: 49 U.S.C. 106(g), 40103, 40113, surveillance radar approach to runway 4 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– (ASR RWY 4). The close proximity of This action amends Title 14 Code of 1963 Comp., p. 389. the TFR rendered the missed approach Federal Regulations (14 CFR) part 73 by portion of that procedure unusable, designating Prohibited Area P–50 at § 73.92 [New] therefore the approach was suspended. Kings Bay, GA. Prohibited Area P–50 On September 30, 2004, a revised ASR consists of that airspace, from the I 2. § 73.92 is added as follows: RWY 4 approach was authorized with a surface to, but not including 3,000 feet * * * * * relocated missed approach point that MSL, within a 2–NM radius of Lat. provides additional space for aircraft to 30°48′00″ N., long. 81°31′00″ W. In P–50 Kings Bay, GA [New] execute a left climbing turn away from accordance with 14 CFR § 73.83 and Boundaries. That airspace within a 2–NM the current TFR. On November 25, 2004, § 91.133, no person may operate an radius of Lat. 30°48′00″ N., long. 81°31′00″ two area navigation (RNAV) Global aircraft within a prohibited area unless W. Positioning System (GPS) approaches authorization has been granted by the Designated altitudes. Surface to but not were published serving runways 13 and using agency. The dimensions of P–50 including 3,000 feet MSL. 31. However, because these runways are are identical to those contained in the Time of designation. Continuous. not lighted, the RNAV GPS approaches TFR now in effect over the Kings Bay Using agency. Administrator, FAA, are not authorized for use at night. facility via NOTAM number 5/9063. Washington, DC. Currently, a St. Marys Airport NOTAM number 5/9063 will be * * * * * relocation feasibility and site selection cancelled on the effective date of effort is in progress involving the City Prohibited Area P–50. Issued in Washington, DC on December 19, of St. Marys, the State of Georgia, and The FAA has determined that this 2005. the FAA. A line item for a proposed regulation only involves an established Edith V. Parish, replacement of the airport was included body of technical regulations for which Manager, Airspace and Rules. in the FAA’s National Plan of Integrated frequent and routine amendments are [FR Doc. 05–24431 Filed 12–22–05; 8:45 am] Airport Systems (2005–2009). necessary to keep them operationally BILLING CODE 4910–13–P Environmental analysis of various current. Therefore, this regulation: (1) Is alternatives is being conducted. No not a ‘‘significant regulatory action’’ decisions about relocating the airport under Executive Order 12866; (2) is not have been made at this time. a ‘‘significant rule’’ under Department of One commenter wrote that numerous Transportation, (DOT) Regulatory U.S. military facilities such as Fort Policies and Procedures (44 FR 11034; Campbell, KY; Fort Benning, GA; February 26, 1979); and (3) does not McConnell Air Force Base (AFB), KS; warrant preparation of a regulatory
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DEPARTMENT OF HEALTH AND To ensure more timely processing of relationships, and sets out the types of HUMAN SERVICES comments, FDA is no longer accepting information that any such petition must comments submitted to the agency by e- include. Each of these regulations Food and Drug Administration mail. FDA encourages you to continue became effective on May 8, 1993. to submit electronic comments by using When implementing the 1990 21 CFR Part 101 the Federal eRulemaking Portal or the amendments, we also conducted a agency Web site, as described in the review of evidence for a relationship [Docket No. 2004P–0512] Electronic Submissions portion of this between dietary fiber and Food Labeling: Health Claims; Soluble paragraph. cardiovascular disease (CVD). Based on Dietary Fiber From Certain Foods and Instructions: All submissions received this review, we concluded that the Coronary Heart Disease must include the agency name and available scientific evidence did not Docket No(s). and Regulatory justify authorization of a health claim AGENCY: Food and Drug Administration, Information Number (RIN) (if a RIN relating dietary fiber to reduced risk of HHS. number has been assigned) for this CVD (58 FR 2552, January 6, 1993). ACTION: Interim final rule. rulemaking. All comments received may However, we did conclude there was be posted without change to http:// significant scientific agreement that the SUMMARY: The Food and Drug www.fda.gov/ohrms/dockets/ totality of publicly available scientific Administration (FDA) is amending the default.htm, including any personal evidence supported an association regulation authorizing a health claim on information provided. For additional between types of foods that are low in the relationship between oat beta-glucan information on submitting comments, saturated fat and cholesterol and that soluble fiber and reduced risk of see the ‘‘Comments’’ heading of the naturally are good sources of soluble coronary heart disease (CHD). The SUPPLEMENTARY INFORMATION section of dietary fiber (i.e., fruits, vegetables, and amendment adds barley as an additional this document. grain products) and reduced risk of eligible source of beta-glucan soluble Docket: For access to the docket to CHD1. We therefore authorized a health fiber. We (FDA) are taking this action in read background documents or claim about the relationship between response to a petition that the National comments received, go to http:// diets low in saturated fat and Barley Foods Council submitted. We www.fda.gov/ohrms/dockets/ cholesterol and high in vegetables, fruit, have concluded, based on the totality of default.htm and insert the docket and grain products that contain soluble publicly available scientific evidence number(s), found in brackets in the fiber and a reduced risk of CHD (21 CFR that, in addition to certain oat products, heading of this document, into the 101.77; 58 FR 2552 at 2572). In the whole grain barley and certain dry ‘‘Search’’ box and follow the prompts preamble to the 1993 dietary fiber and milled barley grain products are and/or go to the Division of Dockets CVD final rule, FDA commented that if appropriate sources of beta-glucan Management, 5630 Fishers Lane, rm. a manufacturer could document with soluble fiber for the health claim. 1061, Rockville, MD 20852. appropriate evidence that consumption DATES: This interim final rule is FOR FURTHER INFORMATION CONTACT: of the type of soluble fiber in a effective December 23, 2005. Submit James E. Hoadley, Center for Food particular food has the effect of lowering written or electronic comments by Safety and Applied Nutrition (HFS– blood low density lipoprotein (LDL) March 8, 2006. The Director of the 830), Food and Drug Administration, cholesterol, and has no adverse effects Office of the Federal Register approves 5100 Paint Branch Parkway, College on other heart disease risk factors (e.g., the incorporation by reference in Park, MD, 20740–3835, telephone 301– high density lipoprotein (HDL) accordance with 5 U.S.C. 552(a) and 1 436–1450. cholesterol), it should petition for CFR part 51 of certain publications in 21 SUPPLEMENTARY INFORMATION: authorization of a health claim specific CFR 101.81(c)(2)(ii)(A)(5) as of I. Background for that particular dietary fiber- December 23, 2005. containing food (58 FR 2552 at 2567). ADDRESSES: You may submit comments, A. The Nutrition Labeling and Education Act of 1990 B. Soluble Fiber From Certain Foods identified by the Docket Number and Coronary Heart Disease Health 2004P–0512 , by any of the following The Nutrition Labeling and Education Claim (§ 101.81 (21 CFR 101.81)) methods: Act of 1990 (the 1990 amendments) Electronic Submissions (Public Law 101–535) amended the In 1995, FDA received a petition for Submit electronic comments in the Federal Food, Drug, and Cosmetic Act a health claim on the relationship following ways: (the act) in a number of important ways. between oat bran and rolled oats and • Federal eRulemaking Portal: http:// One aspect of the 1990 amendments was reduced risk of CHD. FDA concluded www.regulations.gov. Follow the that they clarified FDA’s authority to there was significant scientific instructions for submitting comments. regulate health claims on food labels agreement that the totality of publicly • Agency Web site: http:// and in food labeling. We issued several available scientific evidence supported www.fda.gov/dockets/ecomments. new regulations in 1993 that the relationship between consumption Follow the instructions for submitting implemented the health claim of whole oat products and reduced risk comments on the agency Web site. provisions of the 1990 amendments. of CHD. FDA further concluded that the Written Submissions Among these were § 101.14 (21 CFR type of soluble fiber found in whole Submit written submissions in the 101.14), Health Claims: General oats, i.e., beta-glucan soluble fiber, is the following ways: Requirements (58 FR 2478, January 6, component primarily responsible for the • FAX: 301–827–6870. 1993), which sets out the rules for the hypocholesterolemic effects associated • Mail/Hand delivery/Courier [For authorization and use of health claims, with consumption of whole oat foods as paper, disk, or CD–ROM submissions]: and § 101.70 (21 CFR 101.70), Petitions part of a diet that is low in saturated fat Division of Dockets Management (HFA– for Health Claims (58 FR 2478, January 1 CVD means diseases of the heart and circulatory 305), Food and Drug Administration, 6, 1993), which sets out a process for system. Coronary heart disease, one form of 5630 Fishers Lane, rm. 1061, Rockville, petitioning the agency to authorize cardiovascular disease, refers to diseases of the MD 20852. health claims about substance-disease heart muscle and supporting blood vessels.
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and cholesterol (62 FR 3584 at 3597– an additional source of beta-glucan grain by standard dry milling processes, 3598, January 23, 1997). As such, the soluble fiber eligible for the health claim which may include steaming or final rule authorized a health claim (Ref. 1). On November 10, 2004, we tempering, and that provide at least 4 relating the consumption of beta-glucan notified the petitioner that we had percent (dry weight basis (dwb)) of beta- soluble fiber in whole oat foods, as part completed our initial review of the glucan soluble fiber and total dietary of a diet low in saturated fat and petition and that the petition had been fiber content of at least 8 percent (dwb) cholesterol, and reduced risk of CHD filed for further action in accordance (flour, grits, flakes, and meal), or at least (the oat beta-glucan health claim). The with section 403(r)(4) of the act. If the 5.5 percent (dwb) of beta-glucan soluble source of beta-glucan soluble fiber in agency does not act, by either denying fiber and at least 15 percent (dwb) total foods bearing this health claim had to be the petition or issuing a proposed dietary fiber (bran and beta-glucan one of three eligible whole oat products; regulation to authorize the health claim, enriched barley fractions). For whole i.e., oat bran, rolled oats, or whole oat within 90 days of the date of filing for grain (dehulled and hulless) barley, the flour (see § 101.81(c)(2)(ii)(A)). In 2002, further action, the petition is deemed to petition specified the minimum beta- FDA amended this health claim be denied unless an extension is glucan soluble fiber content as 4 percent regulation to add oatrim as a fourth mutually agreed upon by the agency and (dwb) and the minimum total dietary eligible source of beta-glucan soluble the petitioner (section 403(r)(4)(A)(i) of fiber content as 10 percent (dwb). fiber (67 FR 61733, October 2, 2002). the act and § 101.70(j)(3)(iii)). On Most barley varieties have a tough Oatrim is the soluble fraction of alpha- February 4, 2005, FDA and the fibrous adherent hull covering the grain amylase hydrolyzed oat bran or whole petitioner mutually agreed to extend the which must be removed for the grain to oat flour. deadline to publish the agency’s be edible. There are also hulless barley In the 1997 oat beta-glucan health decision on the petition until August 9, varieties in which, similar to wheat, the claim final rule, we anticipated the 2005. On August 3, 2005, FDA and the hull falls away during harvesting and likelihood that other sources and types petitioner agreed to further extend the the grain can be processed directly into of soluble fibers will also affect blood deadline to December 31, 2005. The food products without dehulling. The lipid levels, and thus, may reduce heart petitioner requested that FDA issue an petition thus has specified the eligible disease risk (62 FR 3584 at 3587). At interim final rule by which labeling of sources of the barley beta-glucan soluble that time, FDA considered structuring barley-containing foods could bear the fiber to include both dehulled and the final rule as an umbrella regulation health claim prior to publication of a hulless whole barley grain. authorizing the use of a claim for final rule. In addition to dehulled or hulless whole barley grain, the petition has ‘‘soluble fiber from certain foods’’ and B. Nature of the Substance risk of CHD. Such action would have specified that dry milled barley allowed flexibility in expanding the The petitioner requests that § 101.81 products that are eligible sources of the claim to other specific food sources of be amended to include barley in beta-glucan soluble fiber be produced soluble fiber when consumption of addition to oats as a source of beta- from dehulled or hulless barley grain by those foods has been demonstrated to glucan soluble fiber associated with standard dry milling processes. The help reduce the risk of heart disease. reducing the risk of CHD. The petitioner petition includes dry milled barley further requests that whole grain barley However, the agency concluded that it products only and does not include (dehulled or hulless), and certain dry was premature to do so inasmuch as beta-glucan extracts produced through milled barley products, i.e., pearl, FDA had not reviewed the totality of ‘‘wet milling’’ processes. Wet milling flakes, grits, meal, flour, beta-glucan processes used to extract or concentrate publicly available evidence on other, enriched meal fractions, and bran, be the beta-glucan soluble fiber component non-whole oat sources of soluble fiber determined as eligible barley sources of of barley are likely to alter (62 FR 3584 at 3588). In 1998, in beta-glucan soluble fiber. physiochemical properties of fiber and response to a health claim petition, FDA The substance which is the subject of other components of the grain. All but concluded that soluble fiber of psyllium the existing oat beta-glucan health claim two of the dry milled barley products seed husk, similar to beta-glucan soluble is beta-glucan soluble fiber from oat specified in the petition have been fiber from whole oats, may reduce the sources listed in § 101.81(c)(2)(ii)(A). formally defined by the American risk of CHD by lowering blood The requested amendment will expand Association of Cereal Chemists (AACC) cholesterol levels (63 FR 8103, February the substance of the claim to include in a ‘‘Barley Glossary’’ which is 18, 1998). In that final rule, FDA both oat and barley sources of beta- published in AACC Approved Methods broadened § 101.81 to include soluble glucan soluble fiber. From an analytical (Ref. 2). Two additional dry milled fiber from psyllium seed husk, and also perspective, beta-glucan soluble fiber barley products, which are not defined modified the heading in § 101.81 from, from barley is the same substance as in the AACC Barley Glossary, i.e., barley ‘‘* * * Soluble fiber from whole oats and beta-glucan soluble fiber from oat meal and beta-glucan enriched barley risk of coronary heart disease’’ to ‘‘* * sources. The method now specified in fractions, are included in the petition as *Soluble fiber from certain foods and § 101.81(c)(2)(ii)(A) for the measurement beta-glucan soluble fiber sources. The risk of coronary heart disease (CHD).’’ of beta-glucan soluble fiber from oat petition characterizes barley meal as II. Petition and Grounds sources, AOAC Official Method 992.28, differing from barley flour only in that is a method designated by AOAC it is unsifted and thus has a higher A. The Petition INTERNATIONAL to be used for both portion of bran and germ present than The National Barley Foods Council oat and barley fractions and it is the sifted barley flour. The petition has (petitioner), submitted a health claim same analytical method identified by defined ‘‘beta-glucan enriched barley petition to FDA on August 3, 2004, the petition for measurement of beta- fractions’’ as fractions of dry milled under section 403(r)(4) of the act (21 glucan soluble fiber from barley sources. barley that are enriched in endosperm U.S.C. 343(r)(4)). The petition requested The petition characterizes the barley cell walls by either mechanical sifting or that the agency amend the ‘‘Soluble sources of beta-glucan soluble fiber as air classification and that provide at fiber from certain foods and coronary dehulled or hulless whole grain barley least 5.5 percent (dwb) of beta-glucan heart disease health claim’’ at § 101.81 and barley products produced from soluble fiber and a total dietary fiber to include barley and barley products as dehulled or hulless clean, sound barley content of at least 15 percent (dwb). The
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beta-glucan content of barley endosperm decreasing since approximately 1960, food ingredient and the use of whole cell walls is greater than that of barley recent evidence has suggested that the grain barley, as sources of barley beta- endosperm cell contents. During decline in CHD mortality has slowed glucan soluble fiber, are consistent with milling, endosperm cell walls break up (Ref. 3). Heart disease has been FDA’s definition of food ingredients into larger particles than do endosperm recognized as the leading cause of death ordinarily regarded as ‘‘generally cell contents. Sieving or air in the United States for at least the last recognized as safe’’ (GRAS) (21 CFR classification milling steps can be used 50 years (Ref. 3). Based on these facts, 170.30(d)). FDA is satisfied that the to separate milled barley flour or meal FDA concludes that, as required in petitioner has demonstrated the use of by particle size to produce endosperm § 101.14(b)(1), CHD is a disease for barley beta-glucan soluble fiber, from cell wall-enriched fractions. Since which the U.S. population is at risk. whole grain barley and dry milled barley endosperm cells walls have a 2. The Substance Is a Food barley grain product sources that are greater beta-glucan content than do included in this rule, is safe and lawful barley endosperm cell contents, these The substance which is the subject of under the applicable food safety endosperm cell wall-enriched barley the existing oat beta-glucan health claim provision of the act. fractions have a greater beta-glucan is beta-glucan soluble fiber from III. Review of Scientific Evidence of the content than of the starting flour or specified oat sources, i.e., oat bran, Substance-Disease Relationship meal. For simplicity, in this document rolled oats, whole oat flour, and oatrim we will be referring to endosperm cell (§ 101.81(c)(2)(ii)(A)). The petitioner A. Basis for Evaluating the Relationship wall-enriched barley fractions as requests an amendment to extend the Between Barley and CHD ‘‘sieved barley meal.’’ eligible sources of beta-glucan soluble fiber to include those from whole grain FDA has identified the following The petition specifies that the dry endpoints to use in identifying CHD risk milled barley products which are the barley and certain dry milled barley products. Barley grain is a commonly reduction for purposes of a health claim subject of this petition, with the evaluation: Coronary events (myocardial exception of barley bran and sieved consumed human food and beta-glucan soluble fiber is a nutrient component of infarction, ischemia), cardiovascular barley meal, have a minimum beta- death, atherosclerosis, high blood glucan soluble fiber content of at least this food, thus the beta-glucan soluble fiber from whole grain barley and dry pressure, elevated serum total 4 percent (dwb), and a minimum total cholesterol, and elevated serum LDL- dietary fiber content of at least 8 percent milled barley products that include bran, flakes, grits, pearl, flour, meal, and cholesterol. FDA considers high blood (dwb). The petition specifies that pressure, elevated serum total eligible barley bran and sieved barley sieved barley meal is a ‘‘substance’’ as defined by § 101.14(a)(2). Health claim cholesterol, and elevated serum LDL- meal have a minimum beta glucan cholesterol levels as surrogate endpoints soluble fiber and total dietary fiber general requirements provide that where a substance is to be consumed at ‘‘other for CHD (Ref. 4). FDA considers low content of 5.5 percent (dwb) and 15 HDL-cholesterol levels a risk factor for percent (dwb) respectively. The petition than decreased dietary levels’’ the substance must contribute taste, aroma, CHD (National Institutes of Health specifies that eligible whole grain barley Consensus Conference, 1993). Elevated (dehulled and hulless) have a minimum nutritive value, or any other technical effect as listed in 21 CFR 170.3(o), and levels of serum total and LDL beta glucan soluble fiber and total must retain that attribute when cholesterol, a prerequisite for dietary fiber content of 4 percent dwb consumed at levels necessary to justify atherosclerotic disease, is a major cause and 10 percent dwb respectively. The the claim (§ 101.14(b)(3)(i)). Whole grain of CHD (Ref. 4). To evaluate the petitioner selected the minimum beta- barley and dry milled barley products potential effects of beta-glucan soluble glucan soluble fiber and total dietary are consumed by humans for their fiber from whole grain barley and dry fiber content specifications for the nutritive value, and retain that attribute milled barley products on CHD risk, whole grain barley and dry milled when consumed at levels necessary to FDA focused on serum total and LDL barley products that are eligible sources justify the claim. Thus the agency cholesterol levels to evaluate the of beta-glucan soluble fiber to be concludes that the requirement of relationship between barley beta-glucan inclusive of most all commercially § 101.14(b)(3)(i) is satisfied. and CHD risk. This focus is consistent available dry milled barley products, with existing § 101.81, in which FDA while excluding barley products such as 3. The Substance Is Safe and Lawful concluded that there was significant barley brewers grain in which the Section 101.14(b)(3)(ii) requires that scientific agreement that the soluble fiber has been depleted. the substance be a food or a food relationship between consumption of C. Review of Preliminary Requirements ingredient or a component of a food whole grain oats and CHD risk is for a Health Claim ingredient whose use at the levels mediated primarily by the effect of necessary to justify a claim has been dietary beta-glucan soluble fiber on 1. The Substance Is Associated With a demonstrated by the proponent of the serum lipids. Disease for Which the U.S. Population claim, to FDA’s satisfaction, to be safe FDA previously concluded that there Is at Risk and lawful under the applicable food is significant scientific agreement CHD continues to be a disease that safety provisions of the act. The petition regarding the relationship between has a large impact on mortality and states that dry milled barley grain is a consumption of soluble fiber-containing morbidity in the general adult U.S. human food of natural biological origin whole oat foods and reduced risk of population. As explained in the existing that has been widely consumed in the CHD (62 FR 3584 at 3598). FDA oat beta-glucan health claim United States for its nutrient properties concluded that the type of soluble fiber (§ 101.81(b)), FDA recognizes the CHD prior to January 1, 1958, without known found in whole oat foods, i.e., beta- risk reduction benefit of certain foods detrimental effects, which is subject glucan soluble fiber, is primarily that are sources of soluble dietary fiber only to conventional processing as responsible for the observed association resulting from effects on lowering blood practiced prior to January 1, 1958, and between consumption of whole oat total and LDL-cholesterol. Although age- for which no known safety hazard foods and the lowering of blood adjusted CHD mortality rates in the exists. The petitioner’s description of cholesterol. As such, to evaluate the United States had been steadily the use of dry milled barley grain as a evidence supporting the petitioned
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request to extend the beta-glucan and review articles,4 book chapters, included 18 mildly soluble fiber from whole oat health letters to the editor, and committee hypercholesterolemic adult males (mean claim to include beta-glucan soluble reports. age 46 years; mean baseline total fiber from whole grain barley and dry A second excluded report, Lupton et cholesterol 238 milligrams/deciliter milled barley products, FDA focused on al., 1994 (Ref. 7), tested potential (mg/dL); mean baseline LDL-cholesterol evidence from human clinical studies of cholesterol-lowering effects of spent 155 mg/dL). The test diet was a Step I the effects of consuming beta-glucan brewer’s grain barley and of barley oil, diet (total fat 31 percent of energy, soluble fiber from whole grain barley neither of which contains beta-glucan saturated fat 7.6 percent of energy, total and dry milled barley products on blood soluble fiber. Because this report did not dietary fiber 27 grams (g)/day) that lipids. provide information about the substance included whole grain test foods that is the subject of the health claim, (pancakes, spice cake, no-bake cookies, B. Review of Scientific Evidence of the it was excluded from further review. Substance-Disease Relationship hot cereal, toasted flakes, steamed pilaf, Another excluded report, Keogh et al., and muffins). The test personnel A health claim characterizes the 2003 (Ref. 8), tested potential prepared three versions of the whole relationship between a substance and a cholesterol-lowering effects of a beta- grain test diet differing in levels of dry disease or health-related condition (21 glucan concentrate product extracted milled barley products. One version of CFR 101.14(a)(1)). The substance must from barley bran. The whole grain the test diet, made with whole wheat be associated with a disease or health- barley and dry milled barley products flour, wheat flakes, and brown rice, but related condition for which the general which are the sources of beta-glucan no barley, contained only trace amounts U.S. population, or an identified U.S. soluble fiber in the petition do not of beta-glucan soluble fiber. Another population subgroup, is at risk include wet milled barley products such version of the test diet made with barley (§ 101.14(b)(1)). Health claims as the beta-glucan concentrate used in flour, barley flakes, and pearled barley characterize the relationship between Keogh et al., 2003. Beta-glucan replacing the wheat and rice in test the substance and a reduction in risk of extraction processes (e.g., hot water or foods, provided 6 g barley soluble fiber 2 contracting a particular disease. alcohol washes, and extreme pH per day. The third version of the test FDA’s review of the evidence to conditions), unlike dry milling diet was made with half whole wheat/ support the petitioned amendment of processes, are likely to alter brown rice and half barley to provide 3 the oat beta-glucan health claim was physiochemical properties of soluble g barley soluble fiber per day. The three conducted consistent with FDA fiber and other components of grain and whole grain test diets were designed to published guidance on significant will alter the relative proportions of provide approximately the same amount scientific agreement in the review of beta-glucan soluble fiber and other of total dietary fiber per day, and vary health claims (Ref. 5) and focused on components of the grain. The only in the amount of barley beta-glucan evidence from intervention studies. composition of wet milled barley beta- soluble fiber. Following a 2-week run-in 1. Assessment of Intervention Studies glucan products may be substantially period consuming the test diet without different from that of dry milled barley barley to allow subjects to adjust to the This petition identified reports of 11 products and thus the results of Keogh human clinical studies with data on dietary fiber level, the study et al., 2003 do not assist our evaluation administered each the three test diets (0, barley consumption and serum lipids of evidence supporting a health claim (Refs. 6 to 16). We excluded six of these 3, or 6 g per day barley soluble fiber) to for dry milled barley products. The each participant in random order over reports from our review because no three other excluded reports (Refs. 9, 10, three consecutive 5-week periods. In scientific conclusions relative to effects and 11) did not contain enough comparison to the 0 g per day barley of barley beta-glucan soluble fiber on information to estimate the barley beta- soluble fiber diet period, there was a CHD risk could be drawn from them. glucan soluble fiber in the test diets. statistically significant (p < 0.05) 7.5 One of these excluded reports (Ref. 6) Without knowing the amount of barley percent reduction of serum total was available only as an abstract and beta-glucan soluble fiber added to these cholesterol following the 6 g per day therefore did not provide sufficient studies’ diets, FDA was unable to draw barley soluble fiber diet. Similarly, there information about the study for FDA to any conclusions as to the effect of barley was a statistically significant 8.5 percent determine critical elements, such as the beta-glucan soluble fiber on CHD risk reduction in serum LDL-cholesterol study population characteristics and the from this evidence. The remaining 5 of level following the 6 g per day barley composition of the products used. In the 11 reports of human clinical studies soluble fiber period compared to the 0 addition, the lack of a detailed study (Refs. 12 to 16) were of a sufficient g per day period. Reductions in serum description prevents FDA from quality for us to consider in our review total and LDL-cholesterol following the determining whether the study is flawed of the evidence supporting the 3 g per day soluble barley fiber period in critical elements such as design, relationship between reduced risk of were not statistically significant. Serum conduct, and data analysis. FDA must CHD and consumption of beta-glucan HDL cholesterol levels were not be able to review the critical elements soluble fiber from whole grain barley significantly different among the three of a study to determine whether any and dry milled barley products included diet periods. scientific conclusions relevant to the as sources of beta-glucan soluble fiber in health claim can be drawn from it. this petition. Another study by Behall et al., (Ref. These problems are not limited to The study reported in Behall et al., 13) investigated the effects of dry milled abstracts, but include other similar 2004a (Ref. 12) investigated the effects barley products (barley flour, barley publications, such as meta-analyses3 of dry milled barley products (barley flakes, and pearled barley) in a flour, barley flakes, and pearled barley) controlled whole-grain diet on blood 2 See Whitaker v. Thompson, 353 F.3d 947, 950- incorporated into a controlled whole- lipids of mildly hypercholesterolemic 51 (D.C. Cir.) (upholding FDA’s interpretation of grain diet on blood lipids of mildly adults. The study included 25 mildly what constitutes a health claim), cert. denied, 125 hypercholesterolemic adult men and S.Ct. 310 (2004). hypercholesterolemic men. The study 3 A meta-analysis is the process of systematically women (average baseline total combining and evaluating the results of clinical 4 Review articles summarize the findings of cholesterol 223 mg/dL; average baseline trials that have been completed or terminated. individual studies. LDL-cholesterol 145 mg/dL). The test
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diet was the same as in the previous test foods in random order during two HDL cholesterol levels were not Behall et al. study (Ref. 12), i.e., a STEP consecutive 4-week periods. In different between the two diet periods. I diet including whole grain test foods comparison to the whole wheat test food In summary, the five clinical trials and with barley ingredients substituted period, there were statistically included in our review which tested the for whole wheat/brown rice ingredients significant (p < 0.05) reductions of impact of consuming whole grain barley to produce three versions of test diet serum total cholesterol (6 percent and dry milled barley products (bran, providing 0 g, 3 g, or 6 g per day of reduction) and of serum LDL-cholesterol flakes, flour and pearled barley) on barley beta-glucan, but each with (7 percent reduction) following the serum lipids (Refs. 12 through 16), approximately the same amount of total barley test food period. Serum HDL consistently reported statistically dietary fiber. As in the previous study, cholesterol levels were not different significant lower serum total and LDL- the 17-week experimental period between the two diet periods. cholesterol levels following 4 to 5 weeks consisted of a 2-week run-in period The study reported in Newman et al., of consuming diets in which whole followed by three consecutive 5-week 1989 (Ref. 15) investigated the effects of grain barley or dry milled barley periods during which each participant dry milled barley (barley flour), in product ingredients replaced wheat and was administered each of the three comparison to wheat, on blood lipids of rice ingredients. Serum HDL cholesterol versions of test diet in random order. In adult men. The study included 14 adult levels were not affected by consuming comparison to the 0 g per day barley males (age greater than 35 years; total the barley foods. The lowest daily beta-glucan diet period, there were cholesterol range 140-247 mg/dL; LDL- dietary intake of barley beta-glucan fiber statistically significant (p < 0.05) cholesterol range 71-187 mg/dL). During effective in significantly lowering serum reductions of serum total cholesterol the study, the participants consumed total and LDL-cholesterol reported in following both the 3 g and 6 g per day their customary diets but with three these studies was 3 g per day. servings per day of test foods (muffins, barley beta-glucan diets (5 percent and 2. Eligible Barley Sources of Beta- applesauce bars, breads, muffins, 6 percent reductions, respectively). Glucan Soluble Fiber Similarly, there were statistically cookies, and cereal) made with either The oat beta-glucan health claim, at significant reductions of serum LDL- whole wheat flour and wheat bran or § 101.81(c)(2)(ii)(A), lists four eligible cholesterol following both the 3 g and with barley flour replacing similar foods oat sources of beta-glucan soluble fiber; 6 g per day barley beta-glucan diets of the customary diet. Both the wheat i.e., oat bran, rolled oats, whole oat compared to the 0 g per day diet (10 and barley grain-based test foods flour, and oatrim. FDA is amending percent and 13 percent reductions, provided about 42 g total dietary fiber § 101.81(c)(2)(ii)(A) to add dehulled and respectively). Serum HDL cholesterol per day. The barley test foods provided approximately 3 g soluble beta-glucan hulless whole grain barley and certain levels were not different among the dry milled barley products to this list of three diet periods. per day. The 4-week study was a randomized, blinded study with one eligible sources of beta-glucan soluble The study reported in McIntosh et al., half of the participants consuming the fiber. 1991 (Ref. 14) investigated the effects of wheat flour/bran test foods for 4 weeks, Below, the agency describes the dry milled barley products (barley bran and the other half receiving the barley eligible sources of barley beta-glucan and barley flakes), as compared to test foods for 4 weeks. At the end of the soluble fiber from dry milled barley wheat, on blood lipids of mildly test period, mean serum total and LDL- products and the specifications for all hypercholesterolemic men. The study cholesterol levels were significantly (p < eligible sources. included 21 mildly 0.05) lower in the barley group than in The five clinical trials with barley hypercholesterolemic adult males (mean the wheat group. cited previously used the following age 43 years; mean baseline total The study reported in Li et al., 2003 barley sources in their test foods: Whole cholesterol 240 mg/dL; mean baseline (Ref. 16) investigated the effects of grain barley, barley bran, barley flour, LDL-cholesterol 177 mg/dL). whole grain barley on blood lipids of barley flakes, and pearled barley. Each Throughout the study, participants young healthy female Japanese. The dry milled product used in the clinical consumed their customary diets but study included 10 healthy Japanese studies is processed only to the extent replaced their customary grain-based medical students (average age 20 years; that milling has altered the particle size foods with similar test foods (bread, average baseline total cholesterol 140 of the intact grain, and in some cases the muesli, pasta, and biscuits) provided by mg/dL; average baseline LDL-cholesterol product is also subjected to a particle study personnel. The test foods were 53 mg/dL). During the study, size separation process (e.g., sifting). made with either whole wheat flour, or participants consumed a typical The barley sources of beta-glucan with barley bran and barley flakes Japanese diet (approximately 2,000 kcal/ soluble fiber in this rule, i.e., dehulled replacing portions of the whole wheat day, 35 percent fat) that the or hulless whole grain barley, barley flour. The grain-based test foods investigators provided. During the bran, flakes, grits, pearl, flour, meal, and provided about 50 percent of total barley diet period, barley replaced 30 sieved barley meal, are produced from caloric intake and about 65 percent of percent of the daily rice intake. The dry milling processes only. Wet milling, total dietary fiber intake. The whole barley provided approximately 5 g per as opposed to dry milling, involves wheat test foods and the barley test day of soluble dietary fiber. Each slurrying the grain under pH, foods were equivalent in content of participant consumed the control diet temperature, chemical, or enzyme energy, total fat, saturated fat, total (rice only) and barley diet (70 percent conditions that cause changes other dietary fiber, and soluble dietary fiber rice, 30 percent barley) in random order than just particle size. The one barley content. The diet with whole wheat test during two 4-week periods separated by clinical trial that was excluded from our foods provided 1.5 g beta-glucan per a 4-week interval. In comparison to the review because the product tested was day, whereas the diet with barley test control diet period, there were a wet milled barley beta-glucan extract foods provided 8 g beta-glucan per day. statistically significant (p < 0.05) (Ref. 8) reported finding no effect of the Following a 3-week run-in period with reductions of blood total cholesterol barley beta-glucan extract on serum the usual diets, the participants (14.5 percent reduction) and of blood lipids. consumed the diets supplemented with LDL-cholesterol (21 percent reduction) There are many variations in dry either whole wheat test foods or barley following the barley diet period. Blood milling processes for barley, most of the
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resulting dry milled barley products are content specifications were selected Barley beta-glucan can be measured defined in the AACC ‘‘Barley Glossary’’ based on typical analyses of by the same quantitative analytical (Ref. 2), including barley bran, flakes, commercially available dry milled method as is currently specified in grits, pearl, and flour. The petition barley products in the United States. § 101.81 for the determination of oat describes two additional dry milled FDA is adopting the dietary fiber beta-glucan. Based on the totality of the barley products: Barley meal and sieved content specifications recommended by publicly available scientific evidence, barley meal. Barley meal is unsifted, the petitioner that must be met in order FDA concludes there is significant ground, whole grain barley. The petition for the listed sources of beta-glucan scientific agreement, among experts described sieved barley meal as soluble fiber to be considered eligible qualified by scientific training and endosperm cell wall-enriched fractions sources. experience, for a claim about the relationship between certain beta-glucan of barley meal or barley flour resulting IV. Decision to Amend the Health Claim from including a particle size separation soluble fiber sources and reduced risk of step (either sieving or air classification) Evidence from five clinical trials CHD. Thus, we are amending in the dry milling process. Although the (Refs. 12 through 16) consistently § 101.81(c)(2)(ii)(A) to include dehulled petitioner’s term for this barley product demonstrate that consuming whole or hulless whole grain barley and was ‘‘beta-glucan enriched barley grain barley and dry milled barley certain dry milled barley products as fractions,’’ we are using the term products, such as barley bran, flakes, additional sources of beta-glucan ‘‘sieved barley meal’’ in this rulemaking flour and pearled barley that provide at soluble fiber. We also find that the as that is descriptive of the how this dry least 3 g beta-glucan fiber per day, is serum cholesterol-lowering efficacy of milled barley product is produced and effective in lowering serum total and barley beta-glucan soluble fiber and of to clarify that a barley ‘‘beta-glucan LDL-cholesterol levels, which in turn oat beta-glucan are comparable and, like enriched’’ product produced by any may reduce the risk of CHD. The oat beta-glucan, 3 g per day of barley other process is not included as an cholesterol-lowering effects of beta- beta-glucan is a sufficient daily dietary eligible source of barley beta-glucan glucan soluble fiber in dry milled barley intake to achieve a reduction in serum soluble fiber. products is comparable to that of the oat total and LDL cholesterol. sources of beta-glucan now listed in The barley products that are to be The petition requests that the eligible § 101.81(c)(2)(ii)(A). When issuing the included in this amendment as eligible barley sources of beta-glucan soluble oat beta-glucan health claim the agency sources of beta-glucan soluble fiber fiber added to § 101.81 include, in concluded that the beta-glucan soluble include dehulled and hulless whole addition to the whole grain barley and fiber component of oat products plays a grain barley, and certain dry milled dry milled barley products used in the significant role in the relationship barley products including barley bran, clinical studies FDA included in its between whole grain oats and the risk barley flakes, barley flour, barley grits, review (i.e., barley bran, flakes, flour, of CHD based, in part, on evidence that and pearl barley as they are defined in and pearl barley), three dry milled there is a dose response between the the AACC Barley Glossary (Ref. 2), barley products that were not used in level of beta-glucan soluble fiber from barley meal which is an unsifted ground the reviewed clinical studies (i.e., barley whole oats and the level of reduction in barley grain, and sieved barley meal grits, meal, and sieved barley meal). serum LDL cholesterol, and evidence which is an endosperm cell-wall FDA agrees with the petitioner that the that intakes at or above 3 g per day were enriched fraction resulting from sieving additional barley products represent more effective in lowering serum lipids or air classification of barley flour or variations of the extent of dry milling than lower intake levels (62 FR 3584 at barley meal to separate fractions based and as such involve more textural 3585). The petition notes that a on particle size. The sieved barley meal difference and not compositional comparison of the serum cholesterol fraction retains the coarser particles that differences that would result in an lowering evidence for barley beta-glucan originate from endosperm cell wall. outcome that is different from that in soluble fiber, which has been submitted Minimum dietary fiber content clinical trials. FDA is amending with the petition, and the oat beta- specifications for these barley products, § 101.81(c)(2)(ii)(A) to add as eligible glucan soluble fiber/cholesterol- recommended in the petition as barley sources of beta-glucan soluble lowering dose-response evidence, which representative of commercially available fiber, whole grain barley, barley bran, was cited in the oat beta-glucan health barley products in the United States are barley flakes, barley grits, barley flour, claim rulemaking, shows that the a minimum of 4 percent beta-glucan barley meal, sieved barley meal, and cholesterol lowering efficacy of the oat soluble fiber and 10 percent total dietary pearl barley. The petition has specified and the barley sources of beta-glucan fiber for dehulled and hulless whole the minimum beta-glucan soluble fiber soluble fiber are very similar. FDA grain barley; a minimum of 5.5 percent content of eligible dry milled barley agrees that the effect, on serum beta-glucan soluble fiber and 15 percent products, with the exception of sieved cholesterol, of consuming whole grain total dietary fiber for barley bran and barley meal and barley bran, to be at oat and dry milled barley sources of sieved barley meal; and a minimum of least 4 percent (dwb), and the minimum beta-glucan soluble fiber appears 4 percent beta-glucan soluble fiber and total dietary fiber content to be at least equivalent. FDA also agrees that the 8 percent total dietary fiber for all other 8 percent (dwb). The minimum beta- scientific evidence supports a minimum dry milled barley products. All dietary glucan soluble fiber and total fiber daily effective intake of beta-glucan fiber values are on a dwb. content specified in the petition for soluble fiber from dry milled barley The oat beta-glucan health claim eligible barley bran and sieved barley products the same as that which was requires that a food bearing the claim on meal is at least 5.5 percent (dwb) and 15 previously found for beta-glucan soluble its label include one of the whole grain percent (dwb), respectively. The fiber from whole oat sources, i.e., 3 g per ingredients listed within minimum beta-glucan soluble fiber and day. Therefore, FDA is amending § 101.81(c)(2)(ii)(A), and that the whole total fiber content specified in the § 101.81(c)(2)(i)(G)(1) to include 3 g or oat ingredient provide at least 0.75 gram petition for eligible whole grain barley more per day of barley sources of beta- of beta-glucan soluble fiber per is at least 4 percent (dwb) and 10 glucan soluble fiber, alone or in reference amount customarily percent (dwb), respectively. The combination with whole oat sources of consumed of the food product petition states that these dietary fiber such fiber. (§ 101.81(c)(2)(iii)(A)). FDA arrived at
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this value based on a standard barley (AOAC Official Method 992.28) ‘‘diets that are low in saturated fat and assumption that the daily dietary intake measures total beta-glucan content of cholesterol and that include soluble is divided over four eating occasions the grain product without differentiating fiber from * * *’’ (§ 101.81(c)(2)(i)(A)). (three meals and a snack). FDA soluble and insoluble fractions. There is Barley beta-glucan soluble fiber concluded that in adding whole oat no standard method, nor a single functions comparably to oat beta-glucan flour to the eligible whole oat sources of definition for, soluble beta-glucan. soluble fiber in its effect on reducing beta-glucan soluble fiber that were Typically a grain product is analyzed for LDL and total cholesterol. Barley beta- included in the final rule there would either soluble fiber or for total beta- glucan soluble fiber sources are a useful be sufficient numbers and types of glucan. Information in the original oat adjunct to selection of diets low in whole oat-containing food products beta-glucan health claim petition saturated fat and cholesterol to reduce available to increase the likelihood that convinced FDA that the total soluble CHD risk. Thus, the agency is requiring whole oat food products will be fiber content of whole oats significantly the barley beta-glucan health claim to consumed at four eating occasions per reflects the beta-glucan content (62 FR include the information that selection of day (62 FR 3584 at 3592). Adding whole 3584 at 3588). Information and data barley foods containing beta-glucan grain barley and dry milled barley provided in the current petition soluble fiber should ‘‘be part of a diet products as additional eligible sources demonstrate that the solubility of beta- low in saturated fat and cholesterol,’’ of beta-glucan soluble fiber will further glucan in oats and barley are similar and consistent with § 101.81(c)(2)(i)(A). increase the type and number of that the test for total beta-glucan is an Including a reference to a low saturated qualifying food products and make it adequate marker for the cholesterol- fat, low cholesterol diet in the health easier for consumers to select whole lowering functionality of whole oat, claim will enable the public to grain barley, dry milled barley or whole whole grain barley, and dry milled understand the relative significance of oat containing food products at four barley in foods. Therefore, FDA is the information in the context of a total eating occasions per day. Thus, FDA is requiring that the barley beta-glucan daily diet (21 U.S.C. 343(r)(3)(A)(iii)). retaining under the ‘‘Nature of the food health claim identify the substance with eligible to bear the claim’’ section of this V. Description of Modifications to the term ‘‘soluble fiber,’’ although the § 101.81 regulation the criterion that foods substance is to be measured as total eligible to bear the claim contain at least beta-glucan. A. Requirements of the Health Claim 0.75 gram of soluble fiber There is strong and consistent Specific requirements of the ‘‘nature (§ 101.81(c)(2)(iii)(A)(1)). FDA authorized use of the oat beta- scientific evidence that diets high in of the claim’’ paragraph in glucan health claim in 1997, in part, on saturated fat and cholesterol are § 101.81(c)(2)(i) of the soluble fiber from the basis of clinical evidence associated with elevated serum total and certain foods and risk of CHD health demonstrating that consumption of LDL cholesterol, and that elevated claim include, in part, that the claim whole oat foods such as oat bran, serum cholesterol levels are a major specify the daily dietary intake of the oatmeal, and whole oat flour lowers modifiable risk factor for CHD. Expert soluble fiber source associated with serum cholesterol. FDA also considered groups recommend lowering dietary coronary heart disease risk reduction. scientific evidence for a dose-response saturated fat and cholesterol as a FDA is amending § 101.81(c)(2)(i)(G)(1) between the amount of beta-glucan primary lifestyle change for reducing to indicate that the source of the 3 g or consumed and the cholesterol-lowering heart disease risk (Ref. 4). Comments to more per day of beta-glucan soluble effect (Ref. 17), and evidence that at the 1997 oat beta-glucan health claim fiber may be from whole oats or barley least 3 grams of soluble fiber consumed final rule expressed concern that a CHD or a combination of oats and barley. per day in whole oat foods is sufficient risk claim that does not include a FDA is amending § 101.81(c)(2)(ii)(A) to for effective cholesterol lowering (Ref. reference to a low saturated fat, low add barley sources of beta-glucan 18). Information provided in the oat cholesterol diet may mislead consumers soluble fiber in addition to whole oat beta-glucan health claim petition into thinking that the single food, e.g., sources. In addition, FDA is amending indicated that the soluble fiber content oat products, would appear to be a § 101.81(c)(2)(ii)(A) by adding of whole oats is predominantly beta- ‘‘magic bullet’’ (62 FR 3584 at 3594). § 101.81(c)(2)(ii)(A)(5) to list dehulled glucan. Therefore, FDA concluded that Further, based on the scientific and hulless whole grain barley and the total soluble fiber content of whole evidence, the role of soluble fiber from specific dry milled barley products as oats significantly reflects the beta- whole oats in the diet is generally eligible sources of beta-glucan soluble glucan present in whole oats (62 FR recognized as being of smaller fiber. The specific dry milled barley 3584 at 3588). magnitude in reducing CHD risk products include, barley bran, barley Although FDA had concluded that oat compared to consumption of a low flakes, barley grits, pearl barley, barley beta-glucan soluble fiber plays a saturated fat, low cholesterol diet. When flour, barley meal, and sieved barley significant role in the relationship authorizing the oat beta-glucan health meal produced from clean, sound between whole grain oats and reduced claim FDA concluded that although dehulled or hulless barley grain using risk of CHD (62 FR 3584 at 3585), FDA selection of foods with soluble fiber standard dry milling techniques, which had considered the term ‘‘beta-glucan’’ from whole oats is a useful adjunct to may include steaming or tempering. a technical term that presumably would selection of diets low in saturated fat Eligible dehulled and hulless whole not be widely understood, and that the and cholesterol in reducing CHD risk, it grain barley has a beta-glucan soluble term ‘‘soluble fiber’’ is more familiar to would not be in the best interest of fiber content of at least 4 percent (dwb) consumers because soluble fiber can be public health nor consistent with the and a total dietary fiber content of at used on the nutrition label under 21 scientific evidence to imply that least 10 percent (dwb). Eligible barley CFR 101.9(c)(6)(i)(A). As such, this selecting diets with soluble fiber from flakes, barley grits, pearl barley, barley health claim statement must identify the whole oats is a substitute for consuming flour, and barley meal have a beta- substance using the term ‘‘soluble fiber’’ diets low in saturated fat and glucan soluble fiber content of at least (62 FR 3584 at 3588). cholesterol (id.). Therefore, FDA 4 percent (dwb) and total dietary fiber The standard method for required that the oat beta-glucan health content of at least 8 percent (dwb). measurement of beta-glucan in oat and claim statement include the phrase Eligible barley bran and sieved barley
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meal have a beta-glucan soluble fiber will provide consumers with important the risk of CHD. Such claims are content of at least 5.5 percent (dwb) and new knowledge regarding the effects of authorized for foods containing total dietary fiber content of at least 15 consuming whole grain barley and dry threshold amounts of beta-glucan percent (dwb). FDA is incorporating by milled barley products on blood soluble fiber-containing whole oat reference in new § 101.81(c)(2)(ii)(A)(5) cholesterol, and will provide consumers foods, and scientific evidence links the Barley Glossary (AACC Method 55– with scientifically sound information consumption of foods with the same 99), published in Approved Methods of about an additional dietary choice amount of beta-glucan soluble fiber from the American Association of Cereal which may help reduce the risk of CHD. barley with the same health benefits. Chemists, that contains definitions for Therefore, we are using the authority Allowing foods containing beta-glucan barley bran, barley flakes, barley flour, given to us in section 403(r)(7)(A) of the soluble fiber from barley to claim the barley grits, pearl barley, dehulled act to issue an interim final rule same health benefits as those containing barley, and hulless barley. FDA is authorizing a health claim relating beta-glucan soluble fiber from whole amending the ‘‘nature of the food consumption of barley beta-glucan oats will improve diet-related eligible to bear the claim’’ paragraph at soluble fiber and CHD risk, effectively information available on food labels. § 101.81(c)(2)(iii)(A)(1) to indicate that immediately. Making this information available to the eligible sources of beta-glucan fiber FDA invites public comment on this consumers may facilitate disease risk- will include both whole oat and barley interim final rule. The agency will reducing dietary choices. foods. consider modifications to this interim final rule based on comments made 2. Regulatory Options B. Optional Information during the comment period. Interested The regulatory options include: (1) No FDA is amending the ‘‘optional persons may submit to Division of regulatory action and (2) the interim information’’ paragraph of this section Dockets Management (see ADDRESSES) final rule. (at § 101.81(d)(5)) to indicate that the written or electronic comments eligible sources of beta-glucan fiber will 3. Benefits and Costs From No regarding this interim final rule. This Regulatory Action include both whole oat and barley regulation is effective upon publication foods. in the Federal Register. The agency will The absence of any regulatory action is considered the baseline option for VII. Issuance of an Interim Final Rule address comments and confirm or comparison with the regulatory option. and Immediate Effective Date amend the interim final rule in a final rule. There would be no compliance costs We are issuing this rule as an interim and no benefits in the absence of final rule, effective immediately, with VIII. Analysis of Impacts regulatory action. an opportunity for public comment. FDA has examined the impacts of the Section 403(r)(7) of the act authorizes us 4. Benefits and Costs From the Interim interim final rule under Executive Order Final Rule to make proposed regulations issued 12866 and the Regulatory Flexibility Act under section 403(r) of the act effective (5 U.S.C. 601–612), and the Unfunded a. Benefits from the interim final upon publication pending consideration Mandates Reform Act of 1995 (Public rule—The benefit from the interim final of public comment and publication of a Law 104–4). rule is the reduced CHD risk that may final regulation, if the agency result from consumers’ substituting determines that such action is necessary A. Regulatory Impact Analysis barley foods containing beta-glucan for public health reasons. This authority Executive Order 12866 directs soluble fiber for currently consumed, enables us to act promptly on petitions agencies to assess all costs and benefits less healthful alternatives. Heart disease that provide for information that will of available regulatory alternatives and, is the leading cause of death and help: (1) Enable consumers to develop when regulation is necessary, to select permanent disability in the United and maintain healthy dietary practices, regulatory approaches that maximize States (Ref. 19). The National Center for (2) enable consumers to be informed net benefits (including potential Health Statistics in the Centers for promptly and effectively of important economic, environmental, public health Disease Control and Prevention (CDC) new knowledge regarding nutritional and safety, and other advantages; reports that in 2002 there were and health benefits of food, or (3) ensure distributive impacts; and equity). approximately 23 million non- that scientifically sound nutritional and Executive Order 12866 classifies a rule institutionalized adults diagnosed with health information is provided to as significant if it meets any one of a heart disease, resulting in consumers as soon as possible. number of specified conditions, approximately 700,000 deaths. Proposed regulations made effective including having an annual effect on the According to the same source, heart upon publication under this authority economy in a material way, adversely disease patients made approximately are deemed to be final agency action for affecting competition, or adversely 20.8 million office-based physician purposes of judicial review. The affecting jobs. A regulation is also visits and approximately 1.1 million legislative history indicates that such considered a significant regulatory hospital outpatient visits in that year. In regulations should be issued as interim action if it raises novel legal or policy addition, there were approximately 4.4 final rules (H. Conf. Rept. No. 105–399, issues. FDA has determined that this million hospital discharges of heart at 98 (1997)). interim final rule is not a significant disease patients, with average lengths of We are satisfied that each of the three regulatory action as defined by stay of approximately 4.4 days. As an criteria in section 403(r)(7)(A) of the act Executive Order 12866. indication of the extent to which this have been met in the petition submitted disease is disabling, the CDC reports 1. Need for Regulation by the National Barley Foods Council. that approximately 66 percent of heart This health claim will enable consumers Current labeling regulations do not patients fail to fully recover (Ref. 20). to develop and maintain healthy dietary permit foods containing threshold Overview of Benefits Analysis practices, such as increasing amounts of beta-glucan soluble fiber This interim final rule may result in consumption of foods containing types from the whole grain barley or dry a reduction in the risk of heart disease of soluble dietary fiber shown to help milled barley to claim health benefits by enabling at-risk consumers to make reduce CHD risk. The health claim also that link their intake with a reduction in healthier food choices. We first describe
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the theoretical framework for estimating groups that do not contain products the natural logarithms of the mean and the increase in the market shares and with health claims. variance of a normal distribution. healthful consumption as a result of this Using FLAPS to Estimate the Market The Potential Market Shares of Foods interim final rule. We use results from Share of Foods Claiming Health Benefits Claiming Health Benefits From Soluble FDA’s 2001 Food Label and Packaging From Soluble Fiber From Whole Oats Fiber From Barley Survey (FLAPS) to compute the total We use results from FDA’s 2001 Manufacturers may formulate new sales of products with health claims FLAPS to estimate the increase in products to use barley as a principal from soluble fiber from whole oats to market shares of foods containing beta- ingredient if the ability to claim health estimate a potential market share of glucan soluble fiber from barley (Ref. benefits makes this option profitable. In foods containing beta-glucan soluble 21). The 2001 FLAPS survey contains addition, we assume current products fiber from barley (Ref. 21). We describe label information on 1,281 products with threshold amounts of beta-glucan the FLAPS data set, and use the selected from 238 food types from 57 soluble fiber from barley would be able estimated market share of foods food groups. The information includes to make the health claim if they incur claiming health benefits from beta- detailed descriptions of the labels the cost of changing labels. We do not glucan soluble fiber from barley as the including any health claims, structure- know how many current products upper bound for the increase in and-function claims, and nutrient would use the health claim, and we do healthful consumption from this interim content claims. We combine the label not know how many new products final rule. We account for existing information with total sales information would be formulated to use the claim. consumption of foods that are equally as obtained from the Information We assume that the current market healthful as the new foods containing Resources Incorporated (IRI) data used shares of products that claim health beta-glucan soluble fiber from barley to to design the sampling methodology for benefits from soluble fiber from oats can adjust the upper bound in order to the FLAPS survey to estimate that be used to estimate of the potential estimate the increase in healthful food products with health claims that link market share for products likely to claim consumption. We then suggest a link fiber from whole oats to reduced risk health benefits from soluble fiber from between any estimated increase in from CHD account for approximately 0.6 barley. We first assume that the potential healthful food consumption and a percent of all product sales. Moreover, market share from newly formulated reduction in the incidence of CHD. products with these health claims are cold cereals and hot cereals that claim Finally, we suggest further adjustments concentrated in the hot and cold cereals health benefits from soluble fiber from to any estimated reductions in health product groups: 5.1 percent of sales of barley would result from sales that risks from more healthful food cold cereals and 75.5 percent of sales of would have otherwise been for less- consumption based on an assumed hot cereals claim these health benefits. We acknowledge the potential healthful alternatives. We also assume uneven distribution of diet-related sampling bias in the FLAPS survey, that the potential market shares of health risks across the population. which selects brand name products with newly formulated hot cereals and cold Theoretical Framework the largest sales within a product group. cereals claiming health benefits from We assume that prices, taste, and This sampling method likely soluble fiber from barley would be no health attributes determine consumer overestimates the prevalence of health larger than those for hot cereals and demand for food products within a food claims on labels (because large brand cold cereals currently claiming health group, and that an increase in the names may be more likely to make benefits from soluble fiber from oats. consumer demand for an item within a claims than their smaller, less-known Consequently, we estimate that the food group results in an offsetting competitors). However, FLAPS sampled potential market share of hot cereals decrease in demand for other items these products because they represent that claim health benefits from soluble within that group. In addition, we an overwhelming share of total sales fiber from barley would be 24.5 percent assume that an increase in the within their product groups. of the market for all hot cereals, and that consumption of healthful products in Consequently, the effect of the the potential market share of cold the aggregate may result if there is a overestimation bias on the estimated cereals that claim benefits from soluble decrease in the relative price of consumption (and resulting health fiber from barley would be 5.1 percent healthful products compared with benefits) of healthier products may be of the market for all cold cereals. products in general. However, a small. The Increase in Healthful Consumption decrease in the relative price of one We characterize the uncertainty in the The increases in market shares of healthful product may also result in a FLAPS estimates by assuming that the more healthful food products may be decrease in the demand for other true percentages of sales of cold and hot less than that reflected in the potential healthful products. and cereal products that currently make market shares estimated previously if We assume that the total sales of fiber from oats health claims are consumers of newly formulated and products within a general product group distributed lognormally with means of labeled hot and cold cereals claiming remain constant, so any increase in 75.5 percent and 5.1 percent (i.e., the health benefits from soluble fiber from consumption of healthful products as a estimates reported from the FLAPS barley would have otherwise selected result of this interim final rule would be data), both with variances of 10 percent hot and cold cereals currently claiming offset by a decrease in consumption of relative to their means. The lognormal health benefits from soluble fiber from other products within the same product distribution is appropriate to use since oats. Increases in market shares of group; these other products may be it incorporates the idea that the true healthful food products may also be less more, less, or equally healthful. To the market shares of cold and hot cereal than those reflected by the potential extent that aggregate consumption of products that currently make health market shares estimated previously if products from an entire product group claims about fiber from oats is not too consumers of newly formulated and increases, aggregate consumption of different from the mean estimate labeled hot and cold cereals claiming products from other groups will computed using FLAPS as would be health benefits from soluble fiber from decrease. In this analysis, however, we implied by the use of a normal barley would have otherwise selected do not consider the effects of changes in distribution. The parameters that existing hot and cold cereals that aggregate consumption of product describe the lognormal distribution are contain the threshold level of beta-
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glucan soluble fiber from barley but are and price, consumers use when making these voluntarily incurred costs as currently not allowed to make a health food purchases. Consumers who choose change-over costs. claim. We assume that half of the newly formulated barley products over Although the mandatory compliance estimated potential market shares of less healthful alternatives may include costs of this interim final rule are zero, newly formulated and labeled hot and both those at risk of these diseases as the voluntarily incurred change-over cold cereals claiming health benefits well as those who are not at risk. We costs that would result include costs of from soluble fiber from barley would assume that those who are at risk of re-labeling products that contain reflect purchases by consumers who CHD will contribute to half of the threshold levels of beta-glucan soluble otherwise would have selected hot and increase in the healthful consumption of fiber from barley but are currently not cold cereals currently claiming health hot and cold cereal products. allowed to claim health benefits, as well benefits from soluble fiber from oats. We Consequently, we estimate an increase as the costs for developing products further assume that half of the in healthful consumption of cold cereals specifically to make the soluble fiber remaining sales of newly formulated by consumers who are at risk for CHD from barley health claim. The new and labeled barley products would to be between 0.25 and 1 percent, with product development change-over costs reflect purchases of existing products a mean of 0.5 percent of that market, include the costs of idea generation, that contain the threshold level of beta- and an increase in healthful laboratory testing of new recipes that glucan soluble fiber from barley but are consumption of hot cereals by meet the threshold levels of beta-glucan not currently allowed to make a health consumers who are at risk for CHD to soluble fiber from barley, process claim. Consequently, we estimate that be between 1.5 and 4.5 percent with a testing, shelf life studies, production one-quarter (i.e., one-half times one- mean of 3 percent of that market due to related market research, production half) of the potential market shares of this interim final rule. testing in increasingly large batch sizes, newly formulated barley products Finally, the incremental expansion of and consumer testing and marketing would reflect purchases by consumers the health claim for foods that contain evaluations. At any stage in the who otherwise would have selected psyllium seed husk and beta-glucan development process a product may be less-healthful hot and cold cereal soluble fiber from oats to include beta- dropped from consideration. Products alternatives, or 1.3 percent of the cold glucan soluble fiber from barley raises that undergo a portion of the process but cereal market (i.e., 0.25 times 5.1 the possibility that soluble fiber from that are eventually dropped from percent), and 6.1 percent of the hot other grains may also result in the same consideration also constitute a new cereal market (i.e., 0.25 times 24.5 health benefits. In this analysis we have product development cost. Re-labeling percent) would reflect increases in assumed that hot and cold cereal change-over costs for products that healthful food purchases as a result of products that currently do not claim contain threshold amounts of beta- this interim final rule. health benefits from soluble fiber from glucan soluble fiber from barley but are To characterize the uncertainty in our oats are less healthful than those that do currently not allowed to claim health methods, we assume that the estimates make that claim. To the extent that hot benefits, include the costs of testing of the percent increases in market shares and cold cereals contain threshold food products to verify that the levels of of healthful hot and cold cereal quantities of soluble fiber from other beta-glucan soluble fiber are consistent products due to this interim final rule grains that reduce the risk for CHD, in with that required for the health claim, are uniformly distributed with addition to barley, yet are not permitted the fixed and variable printing costs for minimums equal to one-half of the to make health claims, the changes in the new label, and the storage costs previously estimated increases in healthful consumption estimated for associated with disposing old labels. healthful sales, and maximums of one this interim final rule may be We use the FDA Reformulation Cost and one-half times the previously overstated. In the extreme case, if all Model (Ref. 22) and the FDA Labeling estimated increases in healthful sales. current hot and cold cereal products Cost Model (Ref. 23) to estimate the new Consequently, we estimate a range of were manufactured with grains having product development and labeling between 0.5 to 2 percent with a mean identical health benefits as those from change-over costs from making health of 1 percent (rounded to the nearest beta-glucan soluble fiber from oats and claims for beta-glucan soluble fiber from half-percent) increase in market share of barley, then the health benefits from barley. Data on industry categories that more healthful cold cereal products, and allowing soluble fiber from barley to are available to use in these models between 3 and 9 percent with a mean claim health benefits estimated for the include from the North American of 6 percent (rounded to the nearest interim final rule would be zero, Industry Classification System (NAICS) half-percent) increase in the market because consumers would switch code 311230, Breakfast Cereals share of more healthful hot cereal among equally healthful alternatives. Manufacturing which includes both hot products as a result of this interim final b. Costs—The costs incurred by and cold cereals. Based on the earlier rule. We assume that increases in manufacturers of foods that are newly results, we estimate that the potential market shares of more healthful food developed or relabeled to claim health market shares for breakfast cereals that products containing threshold levels of benefits from soluble fiber from barley claim health benefits from soluble fiber beta-glucan soluble fiber from barley would be voluntarily incurred. No from barley would be 24.5 percent of the would reflect more healthful food manufacturer would incur these costs if market for all hot cereals, and 5.1 consumption which may decrease the it were not profitable to do so and, percent of the market for all cold risk of diet-related disease, including consequently they are not considered cereals. CHD. mandatory compliance costs. In order to separate the broad NAICS The increase in healthful Nevertheless, we do anticipate a category into hot and cold cereals, we consumption by those consumers not at voluntarily incurred allocation of use estimates obtained from the FLAPS risk for diet-related diseases, including resources devoted to re-labeling and and IRI data sets indicating cold cereal CHD, may mitigate the health benefits new product development as a result of sales of approximately $6.5 billion, and from the estimated increase in healthful this interim final rule, and that the hot cereals sales of approximately $0.6 consumption. As suggested earlier, magnitude of this resource allocation is billion (Ref. 21). Consequently, the hot healthful characteristics are just one of important for characterizing the broader cereal market is approximately 8 several considerations, including taste economic impact on society. We refer to percent (i.e., 100 x $0.6 billion / $7.1
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billion) of the size of the breakfast Based on the earlier discussion, we approximate the change-over costs for cereals market, and the cold cereal expect that one-half of all hot and cold new product development. These costs market is approximately 92 percent (i.e., cereals that would claim health benefits were estimated assuming a 12-month 100 x $6.5 billion / $7.1 billion) of the from soluble fiber from barley would be voluntary compliance period. We breakfast cereals market. In addition, we newly developed products (i.e., 3.5 assume that product lines would estimate that approximately 5 percent percent of NAICS 311230), while one- become discontinued as a result of this (i.e., 5.1 percent x 92 percent rounded half would be re-labeled existing interim final rule due to insufficient to the nearest percent) of the sales from products (i.e., 3.5 percent of NAICS consumer demand, reflecting the NAICS 311230 reflects the market share 311230) that currently meet the soluble assumption that growth in total of cold cereals that would claim health fiber from barley content requirements breakfast cereal consumption will not benefits from barley, and that 2 percent for making a health claim. To change. However, we do not estimate (i.e., 24.5 percent x 8 percent rounded incorporate uncertainty surrounding our to the nearest percent) of the sales from methodology, we estimate a uniform the costs of discontinued product lines. NAICS 311230 reflects that market share distribution between 2 and 5 percent of High, low and medium estimates are of hot cereals that would claim health NAICS 311230 would re-label and generated from the model based on benefits from barley. Consequently, we between 2 and 5 percent of NAICS experts opinions, and are reported in estimate that 7 percent of NAICS 311230 311230 would be from new products table 1 for assumed market shares of 2 (i.e., 5 percent plus 2 percent) would developed in order to claim health percent 3.5 percent, and 5 percent of the either develop new products or re-label benefits from soluble fiber from barley. sales of breakfast cereals from new existing products in order to claim We ran the Reformulation Cost Model products developed to claim health health benefits from beta-glucan soluble for the case when major production benefits from soluble fiber from barley. fiber from barley. process changes are necessary to
TABLE 1.
Voluntarily Incurred New Product Development Change-Over Costs Assumed Market Share Low Medium high
Low market share $8,128,000 $16,768,000 $33,813,000
3.5 percent market share $14,224,000 $29,343,000 $59,172,000
High market share $20,320,000 $41,919,000 $84,532,000
We ran the Labeling Cost Model fiber from barley requirements but are experts opinions, and are reported in assuming a 12-month voluntary currently unable to claim health table 2 for assumed market shares of 2 compliance period to estimate the benefits. High, low and medium percent 3.5 percent, and 5 percent of the change-over costs for re-labeling estimates of the change-over costs are sales of breakfast cereals from re-labeled existing products that meet the soluble generated from the model based on products.
TABLE 2.
Voluntarily Incurred Re-labeling Changeover Costs Assumed Market Share Low Medium High
Low market share $200,000 $287,000 $479,000
3.5 percent market share $353,000 $502,000 $837,000
High market share $504,000 $717,000 $1,198,000
In table 3 we report the annualized the second year. The low, medium, and products, the actual time periods for the voluntarily incurred change-over costs high estimates for the voluntarily changes can be different from the for the interim final rule computed incurred re-labeling and new product assumed 12 months assumed in the assuming discount rates of 3 percent development change-over costs were models and reported in the tables. We and 7 percent over a 10-year horizon. added together, and the appropriate expect that the time periods chosen All costs are assumed to be incurred in discount rate applied. This total cost would be shorter and the voluntarily the beginning of the second year was then divided by 10 to get the incurred costs higher, the greater the following promulgation of the interim annualized costs. Because producers perceived consumer response to the final rule and there would be no choose the time period for the health claims from soluble fiber from recurring annual change-over costs after development and re-labeling of new barley.
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TABLE 3.
Annualized Voluntarily Incurred Change-Over Costs for Interim Final Rule Discount Rate Low Medium High
7 percent $1,932,000 $3,965,000 $7,979,000
3 percent $2,007,000 $4,119,000 $8,288,000
B. Regulatory Flexibility Analysis do not constitute a ‘‘collection of Beta-Glucan Soluble Fiber and Coronary information’’ under the Paperwork Heart Disease,’’ (Docket 2004P–0512, CP1), FDA has examined the economic August 2, 2004. implications of this interim final rule as Reduction Act of 1995 (44 U.S.C. 3501– 3520). Rather, the food labeling health 2. American Association of Cereal required by the Regulatory Flexibility Chemists, Inc., AACC Method 55–99: Act (5 U.S.C. 601–612). If a rule has a claim on the association between ‘‘Glossary—Barley,’’ Approved Methods of significant economic impact on a consumption of barley beta-glucan the American Association of Cereal substantial number of small entities, the soluble fiber and CHD risk is a ‘‘public Chemists, 10th Edition, St Paul, MN, 2000. Regulatory Flexibility Act requires disclosure of information originally 3. Cooper, R., J. Cutler, P. Desvigne- agencies to analyze regulatory options supplied by the Federal Government to Nickens, S.P. Fortmann, et al., ‘‘Trends and the recipient for the purpose of Disparities in Coronary Heart Disease, Stroke, that would lessen the economic effect of and Other Cardiovascular Diseases in the the rule on small entities. Small disclosure to the public.’’ (see 5 CFR 1320.3(c)(2)). United States; Findings of the National businesses will incur costs only if they Conference on Cardiovascular Disease choose to take advantage of the XI. Federalism Prevention,’’ Circulation;102:3137–3147, marketing opportunity presented by this FDA has analyzed this interim final 2000. rule. No small entity, however, will 4. National Cholesterol Education Program rule in accordance with the principles Expert Panel on Detection, Evaluation, and choose to bear the cost of adding the set forth in Executive Order 13132. We health claim to its product labels unless Treatment of High Blood Pressure in Adults have determined that the rule does not (Adult Treatment Panel III), Third Report of it believes that the health claim will contain policies that have substantial the NCEP Adult Treatment Panel III, lead to increased sales of its product direct effects on the states or on the Executive Summary, Bethesda, MD: National sufficient to justify the costs. No small relationship between the National Institutes of Health, National Heart, Lung, business would be required to incur Government and the States, or on the and Blood Institute (http:// costs. FDA certifies that this interim distribution of power and responsibility www.nhlbi.nih.gov/guidelines/cholesterol/ final rule would not have a significant atp_iii.htm), May 2001. among the various levels of government. 5. ‘‘Guidance for Industry: Significant economic impact on a substantial Accordingly, we have concluded that number of small entities. Scientific Agreement in the Review of Health the interim final rule does not contain Claims for Conventional Foods and Dietary C. Unfunded Mandates policies that have federalism Supplements,’’ Rockville, MD: U.S. Food and implications as defined in the order Drug Administration (http:// Title II of the Unfunded Mandates and, consequently, a federalism www.cfsan.fda.gov/~dms/ssaguide.html), Reform Act of 1995 (Public Law 104–4) summary impact statement is not December 1999. requires cost-benefit and other analyses required. 6. Pins, J.J., J.M. Keenan, D. Geleva, et al., before any rule making if the rule would ‘‘Whole Grains, Refined Grains, or is it Just include a ‘‘Federal mandate that may XII. Comments the Soluble Fibers?’’ FASEB Journal, result in the expenditure by State, local, 14:A563, 2000. Interested persons may submit to the 7. Lupton, J.R., M.C. Robinson, and J.L. and tribal governments, in the aggregate, Division of Dockets Management (see or by the private sector, of $100,000,000 Morin, ‘‘Cholesterol-Lowering Effect of ADDRESSES) written or electronic Barley Bran Flour and Oil,’’ Journal of the or more (adjusted annually for inflation) comments regarding this document. American Dietetic Association, 94:65–70, in any one year.’’ The current inflation- Submit a single copy of electronic 1994. adjusted statutory threshold is about comments or two paper copies of any 8. Keogh, G.F., G.J.S. Cooper, T.B. Mulvey, $115 million. FDA has determined that mailed comments, except that et al., ‘‘Randomized Controlled Crossover this interim final rule would not individuals may submit one paper copy. Study of the Effect of a Highly Beta-Glucan- constitute a significant rule under the Comments are to be identified with the Enriched Barley on Cardiovascular Disease Unfunded Mandates Reform Act. Risk Factors in Mildly Hypercholesterolemic docket number found in brackets in the Men,’’ American Journal of Clinical IX. Environmental Impact heading of this document. Received Nutrition, 78:711–718, 2003. comments may be seen in the Division 9. Newman, R.K., S.E. Lewis, C.W. FDA has determined under 21 CFR of Dockets Management between 9:00 Newman, et al., ‘‘Hypocholesterolemic Effect 25.32(p) that this action is of a type that a.m. and 4:00 p.m., Monday through of Barley Foods on Healthy Men,’’ Nutrition does not individually or cumulatively Friday. Reports International, 39:749–760, 1989. have a significant effect on the human 10. Ikegami, S., M. Tomita, S. Honda, et al., environment. Therefore, neither an XIII. References ‘‘Effect of Boiled Barley-Rice-Feeding in environmental assessment nor an The following references have been Hypercholesterolemic and Normolipemic Subjects,’’ Plant Foods for Human Nutrition, environmental impact statement is placed on display in the Division of required. 49:317–328, 1996. Dockets Management (see ADDRESSES) 11. Narain, L.P., K. Shukla, R.L. Bijlani, et X. Paperwork Reduction Act and may be seen by interested persons al., ‘‘Metabolic Responses to a Four-Week between 9 a.m. and 4 p.m., Monday Barley Supplement,’’ International Journal of FDA concludes that the labeling through Friday. Food Sciences and Nutrition, 43:41–46, 1992. provisions of this interim final rule are 1. National Barley Foods Council, ‘‘Petition 12. Behall, K.M., D. Scholfield, and J. not subject to review by the Office of for Health Claim—Barley Beta-Glucan Hallfrisch, ‘‘Lipids Significantly Reduced by Management and Budget because they Soluble Fiber and Barley Foods Containing Diets Containing Barley in Moderately
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Hypercholesterolemic Men,’’ Journal of the PART 101—FOOD LABELING soluble fiber and at least 8 percent American College of Nutrition, 23:55–62, (dwb) of total dietary fiber, except 2004. I 1. The authority citation for 21 CFR barley bran and sieved barley meal for 13. Behall, K.M., D.J. Scholfield, and J. part 101 continues to read as follows: which the minimum b-glucan soluble Hallfrisch, ‘‘Diets Containing Barley Significantly Reduce Lipids in Mildly Authority: 15 U.S.C. 1453, 1454, 1455; 21 fiber content is 5.5 percent (dwb) and Hypercholesterolemic Men and Women,’’ U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C. minimum total dietary fiber content is American Journal of Clinical Nutrition, 243, 264, 271. 15 percent (dwb). Dehulled barley, hull- 80:1185–1193, 2004. I 2. Section 101.81 is amended by less barley, barley bran, barley flakes, 14. McIntosh, G.H., J. Whyte, R. McArthur, revising paragraphs (c)(2)(i)(G)(1), barley grits, pearl barley, and barley et al., ‘‘Barley and Wheat Foods: Influence on (c)(2)(ii)(A) introductory text, flour are as defined in the Barley Plasma Cholesterol Concentrations in (c)(2)(iii)(A)(1) and (d)(5), and by adding Glossary (AACC Method 55–99), Hypercholesterolemic Men,’’ American published in Approved Methods of the Journal of Clinical Nutrition, 53:1205–1209, new paragraph (c)(2)(ii)(A)(5) to read as 1991. follows: American Association of Cereal 15. Newman, R.K., C.W. Newman, and H. Chemists, 10th ed. (2000), pp. 1 and 2, Graham, ‘‘The Hypocholesterolemic Function § 101.81 Health claims: Soluble fiber from which is incorporated by reference in of Barley Beta-Glucans,’’ Cereal Foods World, certain foods and risk of coronary heart accordance with 5 U.S.C. 552(a) and 1 34:883–886, 1989. disease (CHD). CFR part 51. Copies may be obtained 16. Li, J., T. Kaneko, L-Q Qin, et al., * * * * * from the American Association of Cereal ‘‘Effects of Barley Intake on Glucose (c) * * * Chemists, Inc., 3340 Pilot Knob Rd., St. Tolerance, Lipid Metabolism, and Bowel (2) * * * Paul, Minnesota, 55121, or may be Function in Women, Nutrition, 19:926–929, (i) * * * examined at the Center for Food Safety 2003. (G) * * * 17. Davidson, M.H., L.D. Dugan, J.H. Burns, and Applied Nutrition Library, 5100 et al., ‘‘The Hypocholesterolemic Effects of b- (1) 3 g or more per day of b-glucan Paint Branch Pkwy., College Park, MD Glucan in Oatmeal and Oat Bran; A Dose- soluble fiber from either whole oats or 20740, or at the National Archives and Controlled Study,’’ Journal of the American barley, or a combination of whole oats Records Administration (NARA). For Medical Association, 265(14):1833–9, April and barley. information on the availability of this 10, 1991. * * * * * material at NARA, call 202–741–6030, 18. Ripsin, C.M., J.M. Keenan, D.R. Jacobs, (ii) * * * or go to: http://www.archives.gov/ et al., ‘‘Oat Products and Lipid Lowering; A (A) Beta (b) glucan soluble fiber from federal_register/ Meta-Analysis,’’ Journal of the American the whole oat and barley sources listed code_of_federal_regulations/ Medical Association, 267(24):3317–25, June _ 24, 1992. below. b-glucan soluble fiber will be ibr locations.html. Barley meal is 19. National Center for Health Statistics, determined by method No. 992.28 from unsifted, ground barley grain not Centers for Disease Control and Prevention, the ‘‘Official Methods of Analysis of the subjected to any processing to separate Hyattsville, MD: FASTATS (updated AOAC INTERNATIONAL,’’ 16th ed. the bran, germ, and endosperm. Sieved September 22, 2005) (http://www.cdc.gov/ (1995), which is incorporated by barley meal is an endosperm cell wall- nchs/fastats/deaths.htm). reference in accordance with 5 U.S.C. enriched fraction of ground barley 20. National Center for Chronic Disease 552(a) and 1 CFR part 51. Copies may separated from meal by sieving or by air Prevention and Health Promotion, Centers for be obtained from the AOAC classification. Disease Control and Prevention, ‘‘Heart Disease Burden,’’ Chronic Disease Notes and INTERNATIONAL, 481 North Frederick * * * * * Reports (serial on the Internet), 17(1):(about Ave., suite 500, Gaithersburg, MD (iii) * * * 20877, or may be examined at the 6 pp.) (http://www.cdc.gov/nccdphp/cdnr/ (A) * * * cdnr_fall0403.htm), fall 2004. Center for Food Safety and Applied 21. U.S. Food and Drug Administration, Nutrition’s Library, 5100 Paint Branch (1) One or more of the whole oat or Center for Food Safety and Applied Pkwy., College Park, MD 20740, or at barley foods from paragraphs Nutrition, Office of Nutritional Products, the National Archives and Records (c)(2)(ii)(A)(1), (2), (3), and (5) of this Labeling, and Dietary Supplements, ‘‘Food Administration (NARA). For section, and the whole oat or barley Label and Package Survey 2000–2001,’’ information on the availability of this foods shall contain at least 0.75 gram (g) (http://www.cfsan.fda.gov/~dms/lab- material at NARA, call 202–741–6030, of soluble fiber per reference amount flap.html), August 2004. customarily consumed of the food 22. RTI International, ‘‘Cost of or go to: http://www.archives.gov/ Reformulating Foods and Cosmetics, Final federal_register/ product; or Report,’’ prepared for Ed Puro, DHHS/FDA/ code_of_federal_regulations/ * * * * * CFSAN, prepared by White, W.J, E. Gledhill, ibr_locations.html; (d) * * * S. Karns, and M. Muth, RTI Project Number * * * * * (5) The claim may state that a diet low 08184.003, July 2002. (5) Whole grain barley and dry milled 23. RTI International, ‘‘FDA Labeling Cost in saturated fat and cholesterol that Model, Final Report,’’ prepared for Amber barley. Dehulled and hull-less whole includes soluble fiber from whole oats Jessup, DHHS/PHS/FDA/CFSAN, prepared grain barley with a b-glucan soluble or barley is consistent with ‘‘Nutrition by Muth, M., E. Gledhill, and S. Karns, RTI fiber content of at least 4 percent (dwb) and Your Health: Dietary Guidelines for Project Number 06673.010, January 2003. and a total dietary fiber content of at Americans,’’ U.S. Department of least 10 percent (dwb). Dry milled Agriculture (USDA) and Department of List of Subjects in 21 CFR Part 101 barley grain products include barley Health and Human Services (DHHS), Food labeling, Incorporation by bran, barley flakes, barley grits, pearl Government Printing Office (GPO); reference, Nutrition, Reporting and barley, barley flour, barley meal, and * * * * * recordkeeping requirements. sieved barley meal that are produced I Therefore, under the Federal Food, from clean, sound dehulled or hull-less Dated: December 12, 2005. Drug, and Cosmetic Act and under barley grain using standard dry milling Jeffrey Shuren, authority delegated to the Commissioner techniques, which may include Assistant Commissioner for Policy. of Food and Drugs, 21 CFR part 101 is steaming or tempering, and that contain [FR Doc. 05–24387 Filed 12–22–05; 8:45 am] amended as follows: at least 4 percent (dwb) of b-glucan BILLING CODE 4160–01–S
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DEPARTMENT OF HEALTH AND that does not individually or in female sheep providing milk for HUMAN SERVICES cumulatively have a significant effect on human consumption. the human environment. Therefore, Food and Drug Administration neither an environmental assessment PART 556—TOLERANCES FOR nor an environmental impact statement RESIDUES OF NEW ANIMAL DRUGS 21 CFR Parts 520 and 556 is required. IN FOOD This rule does not meet the definition I New Animal Drugs; Moxidectin of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 4. The authority citation for 21 CFR part 556 continues to read as follows: AGENCY: Food and Drug Administration, it is a rule of ‘‘particular applicability.’’ HHS. Therefore, it is not subject to the Authority: 21 U.S.C. 342, 360b, 371. congressional review requirements in 5 I 5. Section 556.426 is amended by ACTION: Final rule. U.S.C. 801–808. adding paragraph (b)(2) and revising SUMMARY: paragraph (c) to read as follows: The Food and Drug List of Subjects Administration (FDA) is amending the § 556.426 Moxidectin. animal drug regulations to reflect 21 CFR Part 520 * * * * * approval of a new animal drug Animal drugs. application (NADA) filed by Fort Dodge (b) * * * Animal Health, Division of Wyeth. The 21 CFR Part 556 (2) Sheep—(i) Fat (the target tissue). NADA provides for oral use of Animal drugs, Foods. The tolerance for parent moxidectin (the marker residue) is 900 parts per billion moxidectin solution in sheep for the I Therefore, under the Federal Food, (ppb). treatment and control of a variety of Drug, and Cosmetic Act and under internal parasites. (ii) Liver. The tolerance for parent authority delegated to the Commissioner moxidectin (the marker residue) is 200 DATES: This rule is effective December of Food and Drugs and redelegated to ppb. 23, 2005. the Center for Veterinary Medicine, 21 (iii) Muscle. The tolerance for parent FOR FURTHER INFORMATION CONTACT: Joan CFR parts 520 and 556 are amended as moxidectin (the marker residue) is 50 C. Gotthardt, Center for Veterinary follows: ppb. Medicine (HFV–130), Food and Drug (c) Related conditions of use. See Administration, 7500 Standish Pl., PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS §§ 520.1454 and 522.1450 of this Rockville, MD 20855, 301–827–7571, e- chapter. mail: [email protected]. I 1. The authority citation for 21 CFR Dated: December 12, 2005. SUPPLEMENTARY INFORMATION: Fort part 520 continues to read as follows: Dodge Animal Health, Division of Stephen F. Sundlof, Wyeth, 800 Fifth St. NW., Fort Dodge, Authority: 21 U.S.C. 360b. Director, Center for Veterinary Medicine. IA 50501, filed NADA 141–247 for § 520.1451 [Amended] [FR Doc. 05–24386 Filed 12–22–05; 8:45 am] CYDECTIN (moxidectin) Oral Drench I 2. Section 520.1451 is amended by BILLING CODE 4160–01–S for Sheep, used for the treatment and revising the section heading to read control of various internal parasites in ‘‘Moxidectin tablets.’’ sheep. The NADA is approved as of I 3. Add § 520.1454 to read as follows: DEPARTMENT OF JUSTICE November 30, 2005, and the regulations are amended in part 520 (21 CFR part § 520.1454 Moxidectin solution. Office of the Attorney General 520) by adding § 520.1454 and in part (a) Specifications. Each milliliter (mL) 556 (21 CFR part 556) by revising of solution contains 1 milligram (mg) 28 CFR Part 0 § 556.426 to reflect the approval. The moxidectin. (b) Sponsor. See No. 000856 in [Docket No. OAG 114; AG Order No. 2791– basis of approval is discussed in the 2005] freedom of information summary. § 510.600 of this chapter. In accordance with the freedom of (c) Related tolerances. See § 556.426 Professional Responsibility Advisory information provisions of 21 CFR part of this chapter. Office 20 and 21 CFR 514.11(e)(2)(ii), a (d) Special considerations. See summary of safety and effectiveness § 500.25 of this section. AGENCY: Department of Justice. data and information submitted to (e) Conditions of use in sheep—(1) ACTION: Final rule. support approval of this application Amount. Administer 1 mL per 11 may be seen in the Division of Dockets pounds body weight (1 mL per 5 SUMMARY: This rule will amend part 0 of Management (HFA–305), Food and Drug kilograms) by mouth. title 28 of the Code of Federal Administration, 5630 Fishers Lane, rm. (2) Indications for use. For the Regulations to reflect the establishment 1061, Rockville, MD 20852, between 9 treatment and control of the adult and of the Professional Responsibility a.m. and 4 p.m., Monday through L4 larval stages of Haemonchus Advisory Office at the Department of Friday. contortus, Teladorsagia circumcincta, T. Justice. The Professional Responsibility Under section 573(c) of the Federal trifurcata, Trichostrongylus axei, T. Advisory Office (PRAO) was created by Food, Drug, and Cosmetic Act (the act) colubriformis, T. vitrinus, Cooperia the Attorney General to provide advice (21 U.S.C. 360ccc–2), this approval curticei, C. oncophora, and guidance to Justice Department qualifies for 7 years of exclusive Oesophagostomum columbianum, O. attorneys on matters involving marketing rights beginning November venulosum, Nematodirus battus, N. professional responsibility. The PRAO 30, 2005, because the new animal drug filicollis, and N. spathiger. offers training, provides informational has been declared a designated new (3) Limitations. Sheep must not be memoranda, and issues opinions in animal drug by FDA under section slaughtered for human consumption response to individual attorney 573(a) of the act. within 7 days of treatment. Because a inquiries. This rule, which sets forth the FDA has determined under 21 CFR withholding time in milk has not been PRAO’s organization, mission and 25.33(d)(4) that this action is of a type established for this product, do not use functions, amends the Code of Federal
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Regulations in order to reflect accurately professional responsibility to the Unfunded Mandates Reform Act of the Department’s internal management Attorney General, the Deputy Attorney 1995 structure. General, the Associate Attorney General, This rule will not result in the EFFECTIVE DATE: December 23, 2005. the Solicitor General, and their expenditure by State, local and tribal designees, and to the Attorney General’s FOR FURTHER INFORMATION CONTACT: governments, in the aggregate, or by the Barbara Kammerman, Acting Director, Advisory Committee. Nothing in the private sector of $100,000,000 or more Professional Responsibility Advisory final rule shall be construed as affecting in any one year, and it will not Office, U.S. Department of Justice, the functions or overriding the authority significantly or uniquely affect small Washington, DC Telephone (202) 514– of the Office of Legal Counsel as governments. Therefore, no actions were 0458. established by 28 CFR 0.25. deemed necessary under the provisions SUPPLEMENTARY INFORMATION: Administrative Procedure Act 5 U.S.C. of the Unfunded Mandates Reform Act 553 of 1995. Background This rule is a rule of agency Congressional Review Act In 1994, the Attorney General established a Professional organization and is therefore exempt This action pertains to agency Responsibility Office (PRO) Program from the notice requirement of 5 U.S.C. management, personnel and and the Professional Responsibility 553(b), and is made effective upon organizations and does not substantially Advisory Board to assist Department issuance. affect the rights or obligations of non- attorneys in resolving professional Regulatory Flexibility Act agency parties and, accordingly, is not responsibility issues. Over time, a ‘‘rule’’ as that term is used by the experience and a number of The Attorney General in accordance Congressional Review Act (Subtitle E of developments have emphasized the with the Regulatory Flexibility Act (5 the Small Business Regulatory importance of creating a centralized U.S.C. 605(b)), has reviewed this Enforcement Fairness Act of 1996). resource for Department attorneys and regulation and by approving it certifies Therefore, the reporting requirement of PROs. Thus, on March 30, 1999, the that this regulation will not have a 5 U.S.C. 801 does not apply. Attorney General created the significant economic impact on a List of Subjects in 28 CFR Part 0 Professional Responsibility Advisory substantial number of small entities Office (PRAO) to coordinate the because it pertains to personnel and Government employees, Lawyers, Department’s position regarding various administrative matters affecting the Ethical conduct. Department. A Regulatory Flexibility professional responsibility issues and to I Analysis was not required to be Accordingly, by virtue of the authority ensure that the advice and guidance vested in me as Attorney General, provided to Department attorneys and prepared for this final rule since the Department was not required to publish including 5 U.S.C. 301 and 28 U.S.C. the PROs are correct and consistent 509, 510, part 0 of title 28 of the Code throughout the United States. a general notice of proposed rulemaking of Federal Regulations is amended as The PRAO serves several functions. It for this matter. follows: provides definitive advice to Executive Order 12866 Department attorneys on issues relating PART 0—ORGANIZATION OF THE to professional responsibility. It is This action has been drafted and DEPARTMENT OF JUSTICE responsible for assembling and reviewed in accordance with Executive maintaining reference materials, Order 12866 Regulatory Planning and I 1. The authority citation for part 0 including the codes of ethics and Review, § 1(b), Principles of Regulation. continues to read as follows: relevant interpretative decisions and bar This rule is limited to agency Authority: 5 U.S.C. 301; 28 U.S.C. 509, opinions of the District of Columbia and organization, management and 510, 515–519. personnel as described by Executive every state and territory, and for serving I 2. Part 0 is amended by adding a new Order 12866 § 3(d)(3) and, therefore, is as a central repository for briefs and subpart, V–2, to read as follows: pleadings as cases arise. The PRAO not a ‘‘regulation’’ or ‘‘rule’’ as defined provides coordination with the litigating by its Executive Order. Accordingly, Subpart V–2—Professional components of the Department to this action has not been reviewed by the Responsibility Advisory Office defend attorneys in any disciplinary or Office of Management and Budget. § 0.129 Professional Responsibility other hearing in which it is alleged that Executive Order 13132 they failed to meet their obligations Advisory Office. under applicable rules of professional This regulation will not have (a) The Professional Responsibility conduct. It coordinates with other substantial direct effects on the States, Advisory Office is headed by a Director Department components to conduct on the relationship between the national appointed by the Deputy Attorney training for Department attorneys and government and the States, or on General. The Director shall be client agencies to provide them with the distribution of power and responsible to, and report directly to, tools to make informed judgments about responsibilities among the various the Deputy Attorney General and shall matters which implicate professional levels of government. Therefore, in be a member of the Senior Executive responsibility issues. The PRAO serves accordance with Executive Order 13132, Service. as liaison with the state and federal bar it is determined that this rule does not (b) The Professional Responsibility associations in matters related to the have sufficient federalism implications Advisory Office shall: implementation of Section 530B of title to warrant a certification. (1) Advise Department of Justice 28 of the United States Code pertaining attorneys on specific questions Executive Order 12988—Civil Justice to ethical standards for attorneys for the involving professional responsibility, Reform government, and amendments and including compliance with 28 U.S.C. revisions to the various rules of This regulation meets the applicable 530b (‘‘Section 530B’’), which requires professional conduct. The PRAO also standards set forth in sections 3(a) and certain federal attorneys to comply with serves as advisory counsel on 3(b)(2) of Executive Order 12988. state rules of ethics.
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(2) Assist or support training and Virginia. The Virginia Department of On November 2, 2005 (70 FR 66316), informational programs for Department Environmental Quality (VADEQ) is EPA published a notice of proposed attorneys and client agencies concerning requesting that the City of rulemaking (NPR) for the Section 530B and other professional Fredericksburg, Spotsylvania County, Commonwealth of Virginia. The NPR responsibility requirements, including and Stafford County (the Fredericksburg proposed approval of both Virginia’s disseminating relevant and timely area) be redesignated as attainment for redesignation request and a SIP revision information. the 8-hour ozone national ambient air that establishes a maintenance plan for (3) Assemble, centralize and maintain quality standard (NAAQS). In the Fredericksburg area that sets forth ethics reference materials, including the conjunction with its redesignation how the Fredericksburg area will codes of ethics of the District of request, the Commonwealth submitted a maintain attainment of the 8-hour ozone Columbia and every state and territory, SIP revision consisting of a maintenance NAAQS for the next 10 years. The and any relevant interpretations thereof. plan for the Fredericksburg area that formal SIP revision was submitted by (4) Coordinate with the relevant provides for continued attainment of the the VADEQ on May 2, 2005 and May 4, litigating components of the Department 8-hour ozone NAAQS for the next 10 2005. Other specific requirements of to defend attorneys in any disciplinary years. EPA is also approving the Virginia’s redesignation request SIP or other proceeding where it is alleged adequacy determination for the motor revision for the maintenance plan, and that they failed to meet their ethical vehicle emission budgets (MVEBs) that the rationale for EPA’s proposed action obligations, provided that the attorney are identified in the 8-hour maintenance are explained in the NPR and will not made a good-faith effort to ascertain the plan for the Fredericksburg area for be restated here. No public comments ethics requirements and made a good- purposes of transportation conformity, were received on the NPR. faith effort to comply with those and is approving those MVEBs. EPA is II. General Information Pertaining to requirements. approving the redesignation request and SIP Submittals From the (5) Serve as a liaison with the state the maintenance plan revision to the Commonwealth of Virginia and federal bar associations in matters Virginia SIP in accordance with the relating to the implementation and requirements of the CAA. In 1995, Virginia adopted legislation that provides, subject to certain interpretation of Section 530B, and DATES: Effective Date: This final rule is conditions, for an environmental amendments and revisions to the effective on January 23, 2006. various state ethics codes. assessment (audit) ‘‘privilege’’ for ADDRESSES: EPA has established a voluntary compliance evaluations (6) Perform such other duties and docket for this action under Docket ID assignments as deemed necessary from performed by a regulated entity. The Number EPA–R03–OAR–2005–VA– legislation further addresses the relative time to time by the Attorney General or 0007. All documents in the docket are the Deputy Attorney General. burden of proof for parties either listed in the http://www.regulations.gov asserting the privilege or seeking (c) Nothing in this subpart shall be Web site. Although listed in the construed as affecting the functions or disclosure of documents for which the electronic docket, some information is privilege is claimed. Virginia’s overriding the authority of the Office of not publicly available, i.e., confidential legislation also provides, subject to Legal Counsel as established by 28 CFR business information (CBI) or other certain conditions, for a penalty waiver 0.25. information whose disclosure is for violations of environmental laws Dated: December 15, 2005. restricted by statute. Certain other when a regulated entity discovers such Alberto R. Gonzales, material, such as copyrighted material, violations pursuant to a voluntary Attorney General. is not placed on the Internet and will be compliance evaluation and voluntarily [FR Doc. 05–24329 Filed 12–22–05; 8:45 am] publicly available only in hard copy discloses such violations to the form. Publicly available docket BILLING CODE 4410–19–P Commonwealth and takes prompt and materials are available either appropriate measures to remedy the electronically through http:// violations. Virginia’s Voluntary www.regulations.gov or in hard copy for ENVIRONMENTAL PROTECTION Environmental Assessment Privilege public inspection during normal AGENCY Law, Va. Code Sec. 10.1–1198, provides business hours at the Air Protection a privilege that protects from disclosure 40 CFR Parts 52 and 81 Division, U.S. Environmental Protection documents and information about the Agency, Region III, 1650 Arch Street, content of those documents that are the [EPA–R03–OAR–2005–VA–0007; FRL–8012– Philadelphia, Pennsylvania 19103. product of a voluntary environmental 2] Copies of the State submittal are assessment. The Privilege Law does not available at the Virginia Department of Approval and Promulgation of Air extend to documents or information (1) Environmental Quality, 629 East Main Quality Implementation Plans; Virginia; that are generated or developed before Street, Richmond, Virginia 23219. Redesignation of the City of the commencement of a voluntary Fredericksburg, Spotsylvania County, FOR FURTHER INFORMATION CONTACT: environmental assessment; (2) that are and Stafford County Ozone Amy Caprio, (215) 814–2156, or by e- prepared independently of the Nonattainment Area to Attainment and mail at [email protected]. assessment process; (3) that demonstrate Approval of the Area’s Maintenance SUPPLEMENTARY INFORMATION: a clear, imminent and substantial Plan danger to the public health or I. Background environment; or (4) that are required by AGENCY: Environmental Protection On September 12, 2005 (70 FR 53746), law. Agency (EPA). EPA proposed approval of a On January 12, 1998, the ACTION: Final rule. redesignation request and maintenance Commonwealth of Virginia Office of the plan submitted by the Commonwealth Attorney General provided a legal SUMMARY: EPA is approving a of Virginia for the Fredericksburg area. opinion that states that the Privilege redesignation request and a State On September 30, 2005 (70 FR 57238), law, Va. Code Sec. 10.1–1198, precludes Implementation Plan (SIP) revision EPA withdrew the September 12, 2005 granting a privilege to documents and submitted by the Commonwealth of proposed rule. information ‘‘required by law,’’
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including documents and information 107(d)(3)(E) of the CAA. EPA believes Federal Government and Indian tribes, ‘‘required by Federal law to maintain that the redesignation request and as specified by Executive Order 13175 program delegation, authorization or monitoring data demonstrate that the (65 FR 67249, November 9, 2000), nor approval,’’ since Virginia must ‘‘enforce Fredericksburg area has attained the 8- will it have substantial direct effects on Federally authorized environmental hour ozone standard. The final approval the States, on the relationship between programs in a manner that is no less of this redesignation request will change the national government and the States, stringent than their Federal counterparts the designation of the Fredericksburg or on the distribution of power and ***.’’ The opinion concludes that area from nonattainment to attainment responsibilities among the various ‘‘[r]egarding § 10.1–1198, therefore, for the 8-hour ozone standard. EPA is levels of government, as specified in documents or other information needed approving the associated maintenance Executive Order 13132 (64 FR 43255, for civil or criminal enforcement under plan for this area, submitted on May 4, August 10, 1999), because it merely one of these programs could not be 2005, as a revision to the Virginia SIP. proposes to affect the status of a privileged because such documents and EPA is approving the maintenance plan geographical area, does not impose any information are essential to pursuing for the Fredericksburg area because it new requirements on sources, or allow enforcement in a manner required by meets the requirements of section 175A. the state to avoid adopting or Federal law to maintain program EPA is also approving the MVEBs implementing other requirements, and delegation, authorization or approval.’’ submitted by Virginia for this area in does not alter the relationship or the Virginia’s Immunity law, Va. Code conjunction with its redesignation distribution of power and Sec. 10.1–1199, provides that ‘‘[t]o the request. The Fredericksburg area is responsibilities established in the Clean extent consistent with requirements subject to the CAA’s requirements for Air Act. This rule also is not subject to imposed by Federal law,’’ any person moderate ozone nonattainment areas Executive Order 13045 (62 FR 19885, making a voluntary disclosure of until and unless it is redesignated to April 23, 1997), because it is not information to a state agency regarding attainment. economically significant. a violation of an environmental statute, In reviewing SIP submissions, EPA’s regulation, permit, or administrative IV. Statutory and Executive Order role is to approve state choices, order is granted immunity from Reviews provided that they meet the criteria of administrative or civil penalty. The A. General Requirements the Clean Air Act. In this context, in the Attorney General’s January 12, 1998 absence of a prior existing requirement Under Executive Order 12866 (58 FR opinion states that the quoted language for the State to use voluntary consensus renders this statute inapplicable to 51735, October 4, 1993), this action is standards (VCS), EPA has no authority enforcement of any Federally authorized not a ‘‘significant regulatory action’’ and to disapprove a SIP submission for programs, since ‘‘no immunity could be therefore is not subject to review by the failure to use VCS. It would thus be afforded from administrative, civil, or Office of Management and Budget. For inconsistent with applicable law for criminal penalties because granting this reason, this action is also not EPA, when it reviews a SIP submission, such immunity would not be consistent subject to Executive Order 13211, to use VCS in place of a SIP submission with Federal law, which is one of the ‘‘Actions Concerning Regulations That that otherwise satisfies the provisions of criteria for immunity.’’ Significantly Affect Energy Supply, the Clean Air Act. Redesignation is an Therefore, EPA has determined that Distribution, or Use’’ (66 FR 28355 (May action that affects the status of a Virginia’s Privilege and Immunity 22, 2001)). This action merely approves geographical area and does not impose statutes will not preclude the state law as meeting Federal any new requirements on sources. Thus, Commonwealth from enforcing its requirements and imposes no additional the requirements of section 12(d) of the program consistent with the Federal requirements beyond those imposed by National Technology Transfer and requirements. In any event, because state law. Redesignation of an area to Advancement Act of 1995 (15 U.S.C. EPA has also determined that a state attainment under section 107(d)(3)(e) of 272 note) do not apply. As required by audit privilege and immunity law can the Clean Air Act does not impose any section 3 of Executive Order 12988 (61 affect only state enforcement and cannot new requirements on small entities. FR 4729, February 7, 1996), in issuing have any impact on Federal Redesignation is an action that affects this rule, EPA has taken the necessary enforcement authorities, EPA may at the status of a geographical area and steps to eliminate drafting errors and any time invoke its authority under the does not impose any new regulatory ambiguity, minimize potential litigation, Clean Air Act, including, for example, requirements on sources. Accordingly, and provide a clear legal standard for sections 113, 167, 205, 211 or 213, to the Administrator certifies that this rule affected conduct. EPA has complied enforce the requirements or prohibitions will not have a significant economic with Executive Order 12630 (53 FR of the state plan, independently of any impact on a substantial number of small 8859, March 15, 1988) by examining the state enforcement effort. In addition, entities under the Regulatory Flexibility takings implications of the rule in citizen enforcement under section 304 Act (5 U.S.C. 601 et seq.). Because this accordance with the ‘‘Attorney of the Clean Air Act is likewise rule approves pre-existing requirements General’s Supplemental Guidelines for unaffected by this, or any, state audit under state law and does not impose the Evaluation of Risk and Avoidance of privilege or immunity law. any additional enforceable duty beyond Unanticipated Takings’’ issued under that required by state law, it does not the executive order. III. Final Action contain any unfunded mandate or EPA is approving the Commonwealth significantly or uniquely affect small B. Submission to Congress and the of Virginia’s May 2, 2005 redesignation governments, as described in the Comptroller General request and May 4, 2005 maintenance Unfunded Mandates Reform Act of 1995 The Congressional Review Act, 5 plan because the requirements for (Pub. L. 104–4). This rule also does not U.S.C. 801 et seq., as added by the Small approval have been satisfied. EPA has have a substantial direct effect on one or Business Regulatory Enforcement evaluated Virginia’s redesignation more Indian tribes, on the relationship Fairness Act of 1996, generally provides request, submitted on May 2, 2005, and between the Federal Government and that before a rule may take effect, the determined that it meets the Indian tribes, or on the distribution of agency promulgating the rule must redesignation criteria set forth in section power and responsibilities between the submit a rule report, which includes a
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copy of the rule, to each House of the review may be filed, and shall not Dated: December 13, 2005. Congress and to the Comptroller General postpone the effectiveness of such rule Donald S. Welsh, of the United States. EPA will submit a or action. Regional Administrator, Region III. report containing this rule and other This action, to approve the required information to the U.S. Senate, redesignation request, maintenance plan I 40 CFR parts 52 and 81 are amended the U.S. House of Representatives, and and adequacy determination for MVEBs as follows: the Comptroller General of the United for the Fredericksburg area, may not be PART 52—[AMENDED] States prior to publication of the rule in challenged later in proceedings to the Federal Register. This rule is not a enforce its requirements. (See section I 1. The authority citation for part 52 ‘‘major rule’’ as defined by 5 U.S.C. 307(b)(2).) continues to read as follows: 804(2). List of Subjects Authority: 42 U.S.C. 7401 et seq. C. Petitions for Judicial Review 40 CFR Part 52 Subpart VV—Virginia Under section 307(b)(1) of the Clean Environmental protection, Air Air Act, petitions for judicial review of pollution control, Intergovernmental I this action must be filed in the United relations, Ozone, Nitrogen dioxide, 2. In § 52.2420, the table in paragraph States Court of Appeals for the Reporting and recordkeeping (e) is amended by adding an entry for appropriate circuit by February 21, requirements, Volatile organic the 8–Hour Ozone Maintenance Plan, 2006. Filing a petition for compounds. Fredericksburg, VA Area at the end of reconsideration by the Administrator of the table to read as follows: this final rule does not affect the finality 40 CFR Part 81 § 52.2420 Identification of plan. of this rule for the purposes of judicial Environmental protection, Air review nor does it extend the time pollution control, National parks, * * * * * within which a petition for judicial Wilderness areas. (e) * * *
State submittal Additional Name of non-regulatory SIP revision Applicable geographic area date EPA approval date explanation
******* 8–Hour Ozone Maintenance Plan for the City of Fredericksburg, Spotsylvania 5/4/05 12/23/05 [Insert Fredericksburg VA Area. County, and Stafford County. page number where the docu- ment begins].
PART 81—[AMENDED] Authority: 42 U.S.C. 7401 et seq. Fredericksburg, VA Area to read as follows: I 2. Section 81.347 is amended by I 1. The authority citation for Part 81 revising the ozone table entry for the § 81.347 Virginia. continues to read as follows: * * * * *
VIRGINIA—OZONE (8–HOUR STANDARD)
Designation a Category/classification Designated area Date 1 Type Date 1 Type
******* Fredericksburg, VA Area: City of Fredericksburg ...... 12/23/05 Attainment. Spotsylvania County ...... 12/23/05 Attainment. Stafford County ...... 12/23/05 Attainment.
******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted.
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[FR Doc. 05–24363 Filed 12–22–05; 8:45 am] may copy material from this regulatory implementing section 3001 of RCRA, BILLING CODE 6560–50–P docket at $0.15 per page. EPA published an amended list of FOR FURTHER INFORMATION CONTACT: For hazardous wastes from non-specific and general and technical information specific sources. This list has been ENVIRONMENTAL PROTECTION concerning this final rule, please contact amended several times, and is AGENCY Kris Lippert, RCRA Enforcement and published in 40 CFR 261.31 and 261.32. Compliance Branch (Mail Code 4WD– These wastes are listed as hazardous 40 CFR Part 261 RCRA), U.S. Environmental Protection because they exhibit one or more of the [FRL–8012–4] Agency, Region 4, Sam Nunn Atlanta characteristics of hazardous wastes Federal Center, 61 Forsyth Street, SW., identified in subpart C of part 261 (i.e., Hazardous Waste Management Atlanta, Georgia 30303, (404) 562–8605, ignitability, corrosivity, reactivity, and System; Identification and Listing of or call, toll free (800) 241–1754. toxicity) or meet the criteria for listing Hazardous Waste; Final Exclusion Questions may also be e-mailed to Ms. contained in § 261.11(a)(2) or (a)(3). Discarded commercial chemical product AGENCY: Environmental Protection Lippert at [email protected]. wastes which meet the listing criteria Agency. SUPPLEMENTARY INFORMATION: The contents of today’s preamble are listed are listed in § 261.33(e) and (f). ACTION: Final rule. Individual waste streams may vary, in the following outline: SUMMARY: The Environmental Protection however, depending on raw materials, I. Background industrial processes, and other factors. Agency (EPA or Agency) today is A. What Is a Delisting Petition? granting a petition submitted by Saturn Thus, while a waste that is described in B. What Laws and Regulations Give EPA these regulations generally is hazardous, Corporation in Spring Hill, Tennessee the Authority to Delist Wastes? (Saturn) to exclude (or ‘‘delist’’) a C. What is the History of this Rulemaking? a specific waste from an individual certain hazardous waste from the lists of II. Summary of Delisting Petition Submitted facility meeting the listing description hazardous wastes. Saturn generates the by Saturn Corporation, Spring Hill, may not be. petitioned waste, the wastewater Tennessee (Saturn) For this reason, §§ 260.20 and 260.22 treatment plant (WWTP) sludge, by A. What Waste Did Saturn Petition EPA to provide an exclusion procedure, treating wastewater from Saturn’s Delist? allowing persons to demonstrate that a B. What Information Did Saturn Submit to chemical conversion coating of specific waste from a particular Support This Petition? generating facility should not be aluminum. The waste so generated is a III. EPA’s Evaluation and Final Rule wastewater treatment sludge that meets regulated as a hazardous waste. A. What Decision Is EPA Finalizing and To have their wastes excluded, the definition of F019. Saturn petitioned Why? petitioners must show, first, that wastes EPA to grant a ‘‘generator-specific’’ B. What Are the Terms of This Exclusion? generated at their facilities do not meet delisting because Saturn believes that its C. When Is the Delisting Effective? any of the criteria for which the wastes F019 waste does not meet the criteria for D. How Does This Action Affect the States? were listed. See § 260.22(a) and the which this type of waste was listed. EPA IV. Public Comments Received on the background documents for the listed reviewed all of the waste-specific Proposed Exclusion wastes. Second, the Administrator must information provided by Saturn, A. Who Submitted Comments on the Proposed Rule? determine, where he/she has a performed calculations, and determined B. Comments and Responses From EPA reasonable basis to believe that factors that the waste could be disposed in a V. Regulatory Impact (including additional constituents) other landfill without harming human health VI. Congressional Review Act than those for which the waste was and the environment. This action VII. Executive Order 12875 listed could cause the waste to be a responds to Saturn’s petition to delist I. Background hazardous waste, that such factors do this waste on a generator-specific basis not warrant retaining the waste as a from the hazardous waste lists, and to A. What Is a Delisting Petition? hazardous waste. Accordingly, a public comments on the proposed rule. A delisting petition is a request made petitioner also must demonstrate that EPA took into account the public by a hazardous waste generator to the waste does not exhibit any of the comments on the proposed rule before exclude one or more of his/her wastes hazardous waste characteristics (i.e., setting the final delisting levels. Final from the lists of RCRA-regulated ignitability, reactivity, corrosivity, and delisting levels in the waste leachate are hazardous wastes in §§ 261.31, 261.32, toxicity), and must present sufficient based on the EPA, Region 6’s Delisting and 261.33 of Title 40 of the Code of information for the EPA to determine Risk Assessment Software. In Federal Regulations (40 CFR 261.31, whether the waste contains any other accordance with the conditions 261.32, and 261.33). The regulatory toxicants at hazardous levels. See specified in this final rule, Saturn’s requirements for a delisting petition are § 260.22(a), 42 U.S.C. 6921(f), and the petitioned waste is excluded from the in 40 CFR 260.20 and 260.22. EPA, background documents for the listed requirements of hazardous waste Region 6 has prepared a guidance wastes. Although wastes which are regulations under Subtitle C of the manual, Region 6 Guidance Manual for ‘‘delisted’’ (i.e., excluded) have been Resource Conservation and Recovery the Petitioner, which is recommended evaluated to determine whether or not Act (RCRA). by EPA Headquarters in Washington, they exhibit any of the characteristics of DATES: Effective December 23, 2005. DC and all EPA Regions, and can be hazardous waste, generators remain ADDRESSES: The RCRA regulatory down-loaded from Region 6’s Web Site obligated under RCRA to determine docket for this final rule is located at the at the following URL address: http:// whether or not their wastes continue to EPA Library, U.S. Environmental www.epa.gov/earth1r6/6pd/rcra_c/pd-o/ be nonhazardous based on the Protection Agency, Region 4, Sam Nunn dlistpdf.htm. hazardous waste characteristics (i.e., Atlanta Federal Center, 61 Forsyth characteristics which may be Street, SW., Atlanta, Georgia 30303, and B. What Laws and Regulations Give EPA promulgated subsequent to a delisting is available for viewing from 9 a.m. to the Authority To Delist Wastes? decision.). 4 p.m., Monday through Friday, On January 16, 1981, as part of its In addition, residues from the excluding Federal holidays. The public final and interim final regulations treatment, storage, or disposal of listed
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hazardous wastes and mixtures hexavalent chromium and cyanide dewatered WWTP sludge performed by containing listed hazardous wastes are (complexed). Saturn petitioned the EPA Saturn on samples taken by the facility. also considered hazardous wastes. See to exclude its F019 waste because The analysis performed by Saturn on 40 CFR 261.3(a)(2)(iv) and (c)(2)(i), Saturn does not use either of these the split samples of the WWTP sludge referred to as the ‘‘mixture’’ and constituents in the manufacturing provided to the facility by EPA was ‘‘derived-from’’ rules, respectively. process. Therefore, Saturn does not submitted for laboratory testing for the Such wastes are also eligible for believe that the waste meets the criteria entire 40 CFR part 264 Appendix IX exclusion and remain hazardous wastes of the listing. Saturn claims that its F019 constituent list (including volatile until excluded. On December 6, 1991, waste will not be hazardous because the organic compounds (VOCs), semi- the U.S. Court of Appeals for the District constituents of concern for which F019 volatile organic compounds (SVOCs), of Columbia vacated the ‘‘mixture/ is listed will be present only at low metals, and PCBs) and hexavalent derived-from’’ rules and remanded them concentrations and will not leach out of chromium, TCLP metals, cyanide, and to the EPA on procedural grounds. Shell the waste at significant concentrations. total solids. Based on the laboratory Oil Co. v. EPA, 950 F.2d 741 (D.C. Cir. Saturn also believes that this waste will data, data validation results, and 1991). On March 3, 1992, EPA not be hazardous for any other reason Saturn’s communications with the EPA, reinstated the mixture and derived-from (i.e., there will be no additional Saturn prepared a Sampling and rules, and solicited comments on other constituents or factors that could cause Analysis Plan which was submitted to ways to regulate waste mixtures and the waste to be hazardous). Review of the EPA and approved. residues (57 FR 7628). These rules this petition included consideration of In accordance with the approved became final on October 30, 1992 (57 FR the original listing criteria, as well as Sampling and Analysis Plan and to 49278), and should be consulted for the additional factors required by the support its petition, Saturn collected more information regarding waste Hazardous and Solid Waste additional WWTP sludge samples for mixtures and solid wastes derived from Amendments (HSWA) of 1984. See laboratory testing. The samples were treatment, storage, or disposal of a section 222 of HSWA, 42 U.S.C. 6921(f), collected from six roll-off containers hazardous waste. The mixture and and 40 CFR 260.22(d)(2)–(4). As a result representing waste generated at Saturn derived-from rules are codified in 40 of the EPA’s evaluation of Saturn’s over a seven-week period. The samples CFR 261.3 (b)(2) and (c)(2)(i). EPA plans petition, the Agency is granting a were analyzed as follows: (1) Samples to address waste mixtures and residues delisting to Saturn with conditions for VOC analyses (total and TCLP) were when the final portion of the Hazardous described below, on December 23, 2005. collected from six roll-off containers. The first sample was analyzed for the 40 Waste Identification Rule (HWIR) is Today’s rulemaking addresses public CFR part 264 Appendix IX VOC promulgated. On October 10, 1995, the comments received on the proposed constituent list (total and TCLP). VOCs Administrator delegated to the Regional rule and finalizes the proposed decision (total and TCLP) detected in the first Administrators the authority to evaluate to grant Saturn’s petition for delisting. and approve or deny petitions sample were tested in the samples submitted in accordance with §§ 260.20 II. Summary of Delisting Petition collected from the second through the and 260.22 by generators within their Submitted by Saturn Corporation, sixth roll-off containers. (2) Samples Regions (National Delegation of Spring Hill, Tennessee (Saturn) from the six roll-off containers were Authority 8–19) in States not yet analyzed for total and TCLP bis(2- authorized to administer a delisting A. What Waste Did Saturn Petition EPA ethylhexyl)phthalate. (3) Samples from program in lieu of the Federal program. to Delist? the six roll-off containers were analyzed On March 11, 1996, the Regional Saturn petitioned EPA, Region 4, on for total and TCLP metals (antimony, arsenic, barium, beryllium, chromium, Administrator of EPA, Region 4, December 13, 2004, to exclude a cobalt, copper, lead, mercury, nickel, redelegated delisting authority to the maximum annual weight of 3,000 cubic thallium, tin, vanadium, and zinc) and Director of the Waste Management yards of its F019 waste, on a generator- for hexavalent chromium. (4) Samples Division (Regional Delegation of specific basis, from the lists of from the six roll-off containers were Authority 8–19). hazardous wastes in 40 CFR part 261, analyzed for corrosivity, total and TCLP subpart D. Saturn manufactures Saturn C. What Is the History of This cyanide, ignitability, sulfide, oil and automobiles, and is seeking a delisting Rulemaking? grease, and total solids. The Toxicity for the WWTP sludge that will be Saturn manufactures Saturn Characteristic Leaching Procedure generated by treating wastewater from automobiles, and is seeking a delisting (TCLP), SW–846 Method 1311, was Saturn’s chemical conversion coating of for the WWTP sludge generated from used as the extraction procedure for aluminum. conversion coating on aluminum. The testing the volatile and semi-volatile WWTP sludge does not meet a B. What Information Did Saturn Submit constituents of concerns. Leachable hazardous waste listing definition when To Support This Petition? metals were tested using the Extraction steel-only automobile bodies are Procedure for Oily Wastes (OWEP), SW– manufactured. However, the wastewater In support of its petition, also 846 Method 1330A. The pH of each treatment sludge generated at described in the proposed rule on sample was measured using SW–846 automobile manufacturing plants where August 31, 2005 (see 70 FR 51696– Method 9045C, and a determination was aluminum is used as a component of 51705, August 31, 2005), Saturn has made that the waste was not ignitable, automobile bodies, meets the listing submitted laboratory analysis of its corrosive, or reactive (see 40 CFR definition F019 in § 261.31. WWTP sludge. The laboratory analysis 261.21–261.23). Oil and grease was Saturn petitioned EPA, Region 4, on submitted includes the following: (1) analyzed using SW–846 Method 9071B, December 13, 2004, to exclude this F019 Analysis performed on samples of its total sulfide was tested using SW–846 waste on a generator-specific basis from dewatered WWTP sludge taken and Method 9034, and total cyanide was the lists of hazardous wastes in 40 CFR analyzed by EPA (2) analysis of the performed using Method SW–846 part 261, subpart D. dewatered WWTP sludge performed by Method 9012A. The hazardous constituents of Saturn on split samples provided to the Composite and grab samples of concern for which F019 was listed are facility by EPA and (3) analysis of the dewatered WWTP sludge were collected
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in accordance with the approved Upon receipt of the laboratory testing the WWTP sludge or in a TCLP extract Sampling and Analysis Plan on August results, the data was validated by a third of the WWTP sludge are summarized in 19, 2004 and submitted for laboratory party. The maximum values of Table 1. testing. constituents detected in any sample of
TABLE 1.—MAXIMUM TOTAL AND TCLP CONCENTRATIONS IN THE DEWATERED WWTP SLUDGE AND CORRESPONDING DELISTING LIMITS
1 Maximum concentration observed Maximum allowable delisting level (3,000 Maximum allowable cubic yards) groundwater con- Constituent Total TCLP centration Total TCLP µ (mg/kg) (mg/l) (mg/kg) (mg/l) ( g/l)
VOLATILE ORGANIC COMPOUNDS
Acetone ...... < 7.5 ...... 1.7 ...... 141,000,000 ...... 171 ...... 3,750
SEMI-VOLATILE ORGANIC COMPOUNDS
Bis(2-ethylhexyl)phthalate ... < 25 ...... < 0.0050 ...... 51,400 ...... 0.146 ...... 1.50
METALS
Antimony ...... 56 ...... < 0.05 J ...... 374,000 ...... 0.494 ...... 6.0 Arsenic ...... < 50 ...... < 0.02 ...... 312,000 ...... 0.224 ...... 5.0 Barium ...... 94 ...... < 0.35 ...... 10,400,000 ...... 100 ...... 2,000 Beryllium ...... 3.1 ...... < 0.029 ...... 16,200 ...... 0.998 ...... 4.0 Chromium ...... 1,310 J ...... < 0.16 ...... 10,300,000 ...... 5.0 ...... 100 Chromium (hexavalent) ...... < 4.2 ...... NT ...... 3,320 ...... 3.71 ...... NA Cobalt ...... 3.6 ...... < 0.038 ...... 84,400,000 ...... NA ...... 2,250 Copper ...... 91 ...... 0.25 ...... 56,300,000 ...... 21,800 ...... 1,300 Lead ...... 108 ...... < 0.19 ...... 500,000 ...... 5.0 ...... 15.0 Mercury ...... 0.47 ...... < 0.0006 ...... 1.82 ...... 0.195 ...... 2.00 Nickel ...... 4,400 ...... 24.2 J ...... 2,430,000 ...... 67.8 ...... 750 Thallium ...... < 20 ...... < 0.026 ...... 2,140 ...... 0.211 ...... 2.00 Tin ...... < 100 ...... 3.18 ...... 844,000,000 ...... NA ...... 22,500 Vanadium ...... 9.9 J ...... < 0.27 ...... 9,850,000 ...... 50.6 ...... 263 Zinc ...... 17,200 ...... 5.72 ...... 17,200,000 ...... 673 ...... 11,300 Cyanide ...... 0.52 ...... < 0.05 ...... 1,180,000 ...... 8.63 ...... 200 1 These levels represent the highest concentration of each constituent found in any one sample and do not necessarily represent the specific levels found in one sample. < Not detected at the specified concentration. NA Not applicable. NT Not tested. J Estimated Concentration.
III. EPA’s Evaluation and Final Rule Subtitle C jurisdiction, the generator of calculated using the Delisting Risk the delisted waste must either treat, Assessment Software program (DRAS), a A. What Decision Is EPA Finalizing and store, or dispose of the waste in an on- Windows-based software tool. The Why? site facility, or ensure that the waste is DRAS estimated the potential release of For reasons stated in both the delivered to an off-site storage, hazardous constituents from the proposal and this final rule, EPA treatment, or disposal facility, either of petitioned waste and predicted the risk believes that Saturn’s petitioned waste which is permitted, licensed or associated with those releases. The should be excluded from hazardous registered by a State to manage DRAS uses EPA’s Composite Model for waste control. EPA, therefore, is municipal or industrial solid waste. Leachate Migration with Transformation granting a final generator-specific Alternatively, the delisted waste may be Products (EPACMTP) to predict the exclusion to Saturn, of Spring Hill, delivered to a facility that beneficially potential for release of hazardous Tennessee, for a maximum annual uses or reuses, or legitimately recycles constituents to groundwater from generation rate of 3,000 cubic yards of or reclaims the waste, or treats the waste landfilled wastes and subsequent the waste described in its petition as prior to such beneficial use, reuse, potential routes of exposure to a EPA Hazardous Waste Number F019. recycling, or reclamation. See 40 CFR receptor. In the DRAS model, the EPA This waste is required to undergo part 260, appendix I. Nonhazardous used the maximum estimated waste verification testing before being waste management is subject to all volume and maximum reported total considered as excluded from Subtitle C applicable Federal, state, and local and leachate concentrations in the regulation. Requirements for waste to be regulations. groundwater, soil, surface water or air. land disposed have been included in The DRAS program back calculated a B. What Are the Terms of This this exclusion. The exclusion applies maximum allowable concentration level Exclusion? only to the waste as described in that would not exceed protective levels Saturn’s petition, dated December 2004. In the rule proposed on August 31, in both the waste and the leachate for Although management of the waste 2005 (see 70 FR 51696–51705, August each constituent at the annual waste covered by this petition is relieved from 31, 2005), delisting levels were volume of 3,000 cubic yards.
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The maximum allowable levels for stringent requirements may include a would require a separate rule-making. constituents detected in the WWTP provision which prohibits a Federally- EPA understands the Alliance’s concern sludge or the leachate from the sludge issued exclusion from taking effect in about the need to revise the F019 listing, are summarized in Table 1, above. Table the States. Because a petitioner’s waste but is unable to address this concern at 1 also includes the maximum allowable may be regulated under a dual system this time. levels in groundwater at a potential (i.e., both Federal (RCRA) and State V. Regulatory Impact receptor well, as evaluated by the (non-RCRA) programs), petitioners are DRAS. urged to contact State regulatory Under Executive Order 12866 (58 FR In conclusion, Saturn must dispose of authorities to determine the current 51735, October 4, 1993), this action is the WWTP sludge in a lined Subtitle D status of their wastes under the State not a rule of general applicability and landfill which is permitted, licensed, or laws. therefore is not a ‘‘regulatory action’’ registered by a State to manage Furthermore, some States are subject to review by the Office of industrial waste. This exclusion applies authorized to administer a delisting Management and Budget. Because this only to a maximum annual volume of program in lieu of the Federal program, action is a rule of particular 3,000 cubic yards and is effective only i.e., to make their own delisting applicability relating to a facility, it is if all conditions contained in this rule decisions. Therefore, this exclusion not subject to the regulatory flexibility are satisfied. Specifically, does not apply in those authorized provisions of the Regulatory Flexibility concentrations measured in the TCLP States. If the petitioned waste will be Act (5 U.S.C. 601 et seq.), or to sections (or OWEP, where appropriate) extract of transported to and managed in any State 202, 204, and 205 of the Unfunded Saturn’s WWTP sludge must not exceed with delisting authorization, Saturn Mandates Reform Act of 1995 (UMRA) the following levels (mg/l): antimony— must obtain delisting authorization from (Pub. L. 104–4). Because the rule will 0.494; arsenic—0.224; total chromium— that State before the waste may be affect only one facility, it will not 3.71; lead—5.0; nickel—68; thallium— managed as nonhazardous in that State. significantly or uniquely affect small 0.211; and zinc—673. governments, as specified in section 203 If Saturn violates the terms and IV. Public Comments Received on the of UMRA, or communities of tribal conditions established in the exclusion, Proposed Exclusion governments, as specified in Executive the EPA will initiate procedures to A. Who Submitted Comments on the Order 13084 (63 FR 27655, May 10, withdraw the exclusion. Where there is Proposed Rule? 1998). For the same reason, this rule an immediate threat to human health will not have substantial direct effects and the environment, the EPA will EPA received public comments on the on the States, on the relationship evaluate the need for enforcement proposed rule published in 70 FR between the national government and activities on a case-by-case basis. 51696–51705, August 31, 2005, from the States, or on the distribution of Saturn Corporation, Spring Hill, power and responsibilities among the C. When Is the Delisting Effective? Tennessee (Saturn), the petitioner, and various levels of government, as This rule is effective on December 23, Alliance of Automobile Manufacturers, specified in Executive Order 13132 (64 2005. The Hazardous and Solid Waste Washington, DC. FR 43255, August 10, 1999). This rule Amendments of 1984 amended section B. Comments and Responses From EPA also is not subject to Executive Order 3010 of RCRA to allow rules to become 13045 (62 FR 19885, April 23, 1997), effective in less than six months when Comment: Saturn stated that it because it is not economically the regulated community does not need supports EPA’s efforts to delist the significant. This rule does not involve the six-month period to come into WWTP sludge generated at its Spring technical standards; thus, the compliance. That is the case here, Hill, Tennessee facility. In addition to requirements of section 12(c) of the because this rule reduces the existing its support, Saturn also highlighted a National Technology Transfer and requirements for persons generating few minor typing errors as well as a few Advancement Act of 1995 (15 U.S.C. hazardous wastes. In light of the minor wording changes for clarification 272 note) do not apply. As required by unnecessary hardship and expense that concerning the quarterly verification section 3 of Executive Order 12988 (61 would be imposed on this petitioner by sampling in Table 1 of Appendix IX to FR 4729, February 7, 1996), in issuing an effective date six months after part 261 as well as the submittals of the this rule, EPA has taken the necessary publication and the fact that a six- quarterly and annual sampling steps to eliminate drafting errors and month deadline is not necessary to verification testing in Table 1 of ambiguity, minimize potential litigation, achieve the purpose of section 3010, Appendix IX to Part 261. and provide a clear legal standard for EPA believes that this exclusion should Response: EPA incorporated Saturn’s affected conduct. EPA has complied be effective immediately upon final suggested minor typing errors and with Executive Order 12630 (53 FR publication. clarifications into today’s final rule. 8859, March 15, 1988) by examining the These reasons also provide a basis for Comment: Alliance of Automobile takings implications of the rule in making this rule effective immediately, Manufacturers state that it is also in accordance with the ‘‘Attorney upon final publication, under the support of EPA in granting this delisting General’s Supplemental Guidelines for Administrative Procedure Act, pursuant petition and that it believes that the the Evaluation of Risk and Avoidance of to 5 U.S.C. 553(d). F019 listing itself should be revised to Unanticipated Takings’’ issued under exclude wastewater treatment sludges the executive order. This rule does not D. How Does This Action Affect the from automotive industry conversion impose an information collection States? coating on aluminum when hexavalent burden under the provisions of the The final exclusion being granted chromium and cyanides are not used in Paperwork Reduction Act of 1995 (44 today is issued under the Federal RCRA the process. U.S.C. 3501 et seq.). delisting program. States, however, are Response: Today’s final rule is site- allowed to impose their own non-RCRA specific and waste-specific; it applies VI. Congressional Review Act regulatory requirements that are more only to Saturn’s plant in Spring Hill, The Congressional Review Act (5 stringent than EPA’s, pursuant to Tennessee, and only to the petitioned U.S.C. 801 et seq.) as added by the section 3009 of RCRA. These more waste. A revision of the F019 listing Small Business Regulatory Enforcement
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Fairness Act of 1996, generally provides and Budget a description of the extent Authority: Sec. 3001(f) RCRA, 42 U.S.C. that before a rule may take effect, the of EPA’s prior consultation with 6921(f). agency promulgating the rule must representatives of affected state, local, Dated: December 1, 2005. submit a rule report, which includes a and tribal governments, the nature of Beverly H. Banister, copy of the rule, to each House of their concerns, copies of written Acting Director, Waste Management Division. Congress and to the Comptroller General communications from the governments, of the United States. EPA will submit a and a statement supporting the need to I For the reasons set out in the report containing this rule and other issue the regulation. In addition, preamble, 40 CFR part 261 is amended required information to the U.S. Senate, Executive Order 12875 requires EPA to as follows: the U.S. House of Representatives, the develop an effective process permitting Comptroller General of the United elected officials and other PART 261—IDENTIFICATION AND States prior to publication of the final representatives of state, local, and tribal LISTING OF HAZARDOUS WASTE rule in the Federal Register. This rule governments ‘‘to provide meaningful is not a ‘‘major rule’’ as defined by 5 and timely input in the development of I 1. The authority citation for part 261 U.S.C. 804(2). This rule will become regulatory proposals containing continues to read as follows: effective on the date of publication in significant unfunded mandates.’’ the Federal Register. Authority: 42 U.S.C. 6905, 6912(a), 6921, Today’s rule does not create a mandate 6922, and 6938. VII. Executive Order 12875 on state, local or tribal governments. I 2. In Table 1 of Appendix IX, part 261 Under Executive Order 12875, EPA The rule does not impose any add the following wastestream in may not issue a regulation that is not enforceable duties on these entities. alphabetical order by facility to read as required by statute and that creates a Accordingly, the requirements of mandate upon a state, local, or tribal section 1(a) of Executive Order 12875 do follows: not apply to this rule. government, unless the Federal Appendix IX to Part 261—Wastes government provides the funds List of Subjects in 40 CFR Part 261 Excluded Under Secs. 260.20 and necessary to pay the direct compliance 260.22 costs incurred by those governments. If Environmental protection, Hazardous the mandate is unfunded, EPA must waste, Recycling, Reporting and provide to the Office of Management recordkeeping requirements.
TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES
Facility Address Waste description
******* Saturn Corporation ...... Spring Hill, Tennessee ...... Dewatered wastewater treatment plant (WWTP) sludge (EPA Hazardous Waste No. F019) generated at a maximum rate of 3,000 cubic yards per calendar year. The sludge must be disposed in a lined, Subtitle D landfill with leachate collection that is licensed, permitted, or otherwise authorized to accept the delisted WWTP sludge in accordance with 40 CFR part 258. The exclusion becomes effective on Decem- ber 23, 2005. For the exclusion to be valid, Saturn must implement a verification testing program that meets the following conditions: 1. Delisting Levels: The constituent concentrations in an extract of the waste must not exceed the following maximum allowable concentrations in mg/l: antimony—0.494; arsenic—0.224; total chromium—3.71; lead—5.0; nickel—68; thallium—0.211; and zinc—673. Sample collection and analyses, including quality control procedures, must be performed using appropriate methods. As applicable to the method-de- fined parameters of concern, analyses requiring the use of SW–846 methods incor- porated by reference in 40 CFR 260.11 must be used without substitution. As ap- plicable, the SW–846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A, (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that representative samples of Saturn’s sludge meet the delisting lev- els in this condition. 2. Waste Holding and Handling: (a) Saturn must accumulate the hazardous waste dewatered WWTP sludge in ac- cordance with the applicable regulations of 40 CFR 262.34 and continue to dispose of the dewatered WWTP sludge as hazardous waste until the results of the first quarterly verification testing are available. (b) After the first quarterly verification sampling event described in Condition (3) has been completed and the laboratory data demonstrates that no constituent is present in the sample at a level which exceeds the delisting levels set in Condition (1), Saturn can manage and dispose of the dewatered WWTP sludge as nonhaz- ardous according to all applicable solid waste regulations. (c) If constituent levels in any sample taken by Saturn exceed any of the delisting lev- els set in Condition (1), Saturn must do the following: (i) Notify EPA in accordance with Condition (7) and (ii) Manage and dispose the dewatered WWTP sludge as hazardous waste generated under Subtitle C of RCRA.
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TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility Address Waste description
3. Quarterly Testing Requirements: Upon this exclusion becoming final, Saturn may perform quarterly analytical testing by sampling and analyzing the dewatered WWTP sludge as follows: (i) Collect one representative composite sample (consisting of four grab samples) of the hazardous waste dewatered WWTP sludge at any time after EPA grants the final delisting. In addition, collect the second, third, and fourth quarterly samples at approximately ninety (90)-day intervals after EPA grants the final exclusion. (ii) Analyze the samples for all constituents listed in Condition (1). Any roll-offs from which the composite sample is taken exceeding the delisting levels listed in Condi- tion (1) must be disposed as hazardous waste in a Subtitle C landfill. (iii) Within forty-five (45) days after taking its first quarterly sample, Saturn will report its first quarterly analytical test data to EPA and will include the certification state- ment required in condition (6). If levels of constituents measured in the sample of the dewatered WWTP sludge do not exceed the levels set forth in Condition (1) of this exclusion, Saturn can manage and dispose the nonhazardous dewatered WWTP sludge according to all applicable solid waste regulations. 4. Annual Verification Testing: (i) If Saturn completes the quarterly testing specified in Condition (3) above, and no sample contains a constituent with a level which exceeds the limits set forth in Condition (1), Saturn may begin annual verification testing on an annual basis. Sat- urn must collect and analyze one sample of the WWTP sludge on an annual basis as follows: Saturn must test one representative composite sample of the dewatered WWTP sludge for all constituents listed in Condition (1) at least once per calendar year. (ii) The sample collected for annual verification testing shall be a representative com- posite sample consisting of four grab samples that will be collected in accordance with the appropriate methods described in Condition (1). (iii) The sample for the annual testing for the second and subsequent annual testing events shall be collected within the same calendar month as the first annual verification sample. Saturn will report the results of the annual verification testing to EPA on an annual basis and will include the certification statement required by Condition (6). 5. Changes in Operating Conditions: Saturn must notify EPA in writing when signifi- cant changes in the manufacturing or wastewater treatment processes are imple- mented. EPA will determine whether these changes will result in additional con- stituents of concern. If so, EPA will notify Saturn in writing that Saturn’s sludge must be managed as hazardous waste F019 until Saturn has demonstrated that the wastes meet the delisting levels set forth in Condition (1) and any levels estab- lished by EPA for the additional constituents of concern, and Saturn has received written approval from EPA. If EPA determines that the changes do not result in ad- ditional constituents of concern, EPA will notify Saturn, in writing, that Saturn must verify that Saturn’s sludge continues to meet Condition (1) delisting levels. 6. Data Submittals: Saturn must submit data obtained through verification testing at Saturn or as required by other conditions of this rule to: Chief, North Section, RCRA Enforcement and Compliance Branch, Waste Management Division, U.S. Environmental Protection Agency Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303. If Saturn fails to submit the required data within the specified time or maintain the required records on-site for the speci- fied time, the EPA, at its discretion, will consider this sufficient basis to re-open the exclusion as described in Condition (7). Saturn must: (A) Submit the data obtained through Condition (3) within the time specified. The quarterly verification data must be submitted to EPA in accordance with Condition (3). The annual verification data and certification statement of proper disposal must be submitted to EPA annually upon the anniversary of the effective date of this ex- clusion. All data must be accompanied by a signed copy of the certification state- ment in 40 CFR 260.22(i)(12). (B) Compile, Summarize, and Maintain Records: Saturn must compile, summarize, and maintain at Saturn records of operating conditions and analytical data records of analytical data from Condition (3), summarized, and maintained on-site for a minimum of five years. Saturn must furnish these records and data when either the EPA or the State of Tennessee requests them for inspection. (C) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: ‘‘I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for getting the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for sending false information, including the possibility of fine and imprisonment.’’ 7. Reopener.
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TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility Address Waste description
(A) If, at any time after disposal of the delisted waste, Saturn possesses or is other- wise made aware of any data (including but not limited to leachate data or ground- water monitoring data) relevant to the delisted WWTP sludge at Saturn indicating that any constituent is at a level in the leachate higher than the specified delisting level or TCLP regulatory level, then Saturn must report the data, in writing, to the Regional Administrator within ten (10) days of first possessing or being made aware of that data. (B) Based upon the information described in Paragraph (A) and any other information received from any source, the EPA Regional Administrator will make a preliminary determination as to whether the reported information requires EPA action to protect human health or the environment. Further action may include suspending, or revok- ing the exclusion, or other appropriate response necessary to protect human health and the environment. (C) If the Regional Administrator determines that the reported information does re- quire EPA action, the Regional Administrator will notify Saturn in writing of the ac- tions the Regional Administrator believes are necessary to protect human health and the environment. The notification shall include a statement of the proposed ac- tion and a statement providing Saturn with an opportunity to present information as to why the proposed EPA action is not necessary. Saturn shall have ten (10) days from the date of the Regional Administrator’s notice to present the information. (D) Following the receipt of information from Saturn, or if Saturn presents no further information after 10 days, the Regional Administrator will issue a final written deter- mination describing the EPA actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator’s de- termination shall become effective immediately, unless the Regional Administrator provides otherwise. 8. Notification Requirements: Before transporting the delisted waste, Saturn must pro- vide a one-time written notification to any State Regulatory Agency to which or through which it will transport the delisted WWTP sludge for disposal. The notifica- tion will be updated if Saturn transports the delisted WWTP sludge to a different disposal facility. Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision. *******
[FR Doc. 05–24367 Filed 12–22–05; 8:45 am] DATES: This final rule is effective 30 provided these agencies with an BILLING CODE 6560–50–P days after December 23, 2005. opportunity to relatively quickly and FOR FURTHER INFORMATION CONTACT: Gail economically reverse erroneous Federal Lipton, Director, Division of Grants decisions, or to reassure grantees that a DEPARTMENT OF HEALTH AND Policy, HRSA, Room 11A–55, Parklawn decision adverse to them was indeed an HUMAN SERVICES Bldg., 5600 Fishers Lane, Rockville, MD ‘‘agency’’ decision. At the time these 20857. regulations were instituted, this Health Resources and Services SUPPLEMENTARY INFORMATION: When informal process was of significant Administration HHS first established its Departmental benefit to both grantees and the Grant Appeals Board (now the subordinate agencies. Based on the 42 CFR Part 50 Departmental Appeals Board), there was lessons learned from this process and RIN 0906–AA69 no provision for the Department’s other means, HRSA instituted a policy subordinate agencies to first review the of reviewing carefully the adverse Simplification of the Grant Appeals disputed actions of officials prior to determinations of their employees prior Process appeal at the Departmental level. to permitting them to be issued so as to avoid erroneous determinations which AGENCY: Health Resources and Services However, it quickly became apparent that a number of disputes could, and would be subject to reversal upon Administration, HHS. appeal at the informal level. HRSA ACTION: Final rule. would, be resolved quickly by informal means if the grantees’ complaints were believes that it has reached the point SUMMARY: The Department of Health and surfaced to management levels within where the adverse determinations being Human Services (HHS) is amending the HHS subordinate agencies. As a issued in recent years generally regulations to remove the Health result, the regulations at 45 CFR part 16 represent its best judgment. Resources and Services Administration were revised to permit subordinate HHS therefore believes that, for these (HRSA) from the list of agencies which agencies to interpose an ‘‘informal’’ agencies and their grantees, this require grantees to utilize an informal level of appeal prior to submission of an informal process is no longer of benefit, appeals procedure for grant related appeal to the Departmental Appeals and the cost in time and expense to the disputes subject to the departmental Board. Various agencies in the Public grantee is no longer warranted. appeal procedures. In doing so, HRSA Health Service (which has since been Consequently, HHS proposed amending will simplify the appeals procedure for reorganized) instituted an intermediate 42 CFR part 50, subpart D, to remove aggrieved HRSA grantees by permitting informal review process as is currently HRSA from the list of agencies to which them direct access to the Departmental described in 42 CFR part 50, subpart D. the regulations apply. As a result, under Grant Appeals Board. The intermediate level of appeal this proposal, grantees wishing to
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appeal HRSA’s eligible adverse Executive Order 13175 DEPARTMENT OF HEALTH AND determinations would be entitled to HUMAN SERVICES appeal such determinations directly to Executive Order 13175 requires the the Departmental Appeals Board. Department to develop an accountable Centers for Medicare & Medicaid We announced our plans to amend process to ensure Ameaningful and Services the current regulations in a notice of timely input by tribal officials in the proposed rulemaking (NPRM) published development of regulatory policies that 42 CFR Part 418 in the Federal Register, June 7, 2005 (70 have tribal implications.’’ We received FR 33053–33054). The NPRM provide no comments. [CMS–1286–CN2] for a sixty-day comment period. We Paperwork Reduction Act received no comments. Consequently, RIN 0938–AN89 the final rule is the same as the There are no new paperwork proposed rule published in June of this requirements subject to the Office of Medicare Program; Hospice Wage year. Management and Budget approval Index for Fiscal Year 2006 We provide the following information under the Paperwork Reduction Act of AGENCY: for the public. 1995. Centers for Medicare & Medicaid Services (CMS), HHS. Executive Order 12866 List of Subjects in 42 CFR Part 50 ACTION: Final rule, correction. Executive Order (EO) 12866 directs Administrative practice and agencies to assess all costs and benefits SUMMARY: This document corrects of available regulatory alternatives and, procedure, Grant programs—health, Health care. technical errors that appeared in the when rulemaking is necessary, to select final rule published in the Federal regulatory approaches that provide the Dated: October 11, 2005. Register on August 4, 2005, entitled greatest net benefits. We have Elizabeth M. Duke, ‘‘Hospice Wage Index for Fiscal Year determined that the rule is not a Administrator, Health Resources and Services 2006.’’ significant regulatory action under Administration. Section 3(f) of the EO and does not EFFECTIVE DATE: This notice is effective Approved: December 14, 2005. require an assessment of the potential on October 1, 2005. Michael O. Leavitt, costs and benefits under section 6(a)(3) FOR FURTHER INFORMATION CONTACT: of that EO. Under the EO, the Office of Secretary of Health and Human Services. Terri Deutsch, (410) 786–9462. Management and Budget (OMB) has I Accordingly, HRSA amends 42 CFR exempted it from review. SUPPLEMENTARY INFORMATION: part 50 as follows: Regulatory Flexibility I. Background PART 50—[AMENDED] The Regulatory Flexibility Act (5 On August 4, 2005, we published a U.S.C. Chapter 6) requires that Subpart D—Public Health Service final rule entitled, ‘‘Hospice Wage Index for Fiscal Year 2006 (Federal Register regulatory actions be analyzed to Grant Appeals Procedure determine whether they will have a Doc. 05–15290, 70 FR 45130). On significant impact on a substantial I 1. The authority citation for part 50, September 30, 2005, we published a correction notice (Federal Register Doc. number of small entities. We have subpart D, continues to read as follows: determined that this is not a ‘‘major’’ 05–19609, 70 FR 57174) to correct a rule under this Act and therefore does Authority: Sec. 215, Public Health Service number of technical errors that had not require a regulatory flexibility Act, 58 Stat. 690 (42 U.S.C. 216); 45 CFR 16.3 appeared in the final rule. Based on analysis. (c). further review of the August 2005 final I 2. Section 50.402 is revised to read as rule, we are correcting additional Unfunded Mandates follows: typographical and formatting errors that The Unfunded Mandates Reform Act appeared in Table A and C of the requires that agencies prepare an § 50.402 To what program do these addendum. Specifically, in Table A of regulations apply? assessment of anticipated costs and the addendum, we are correcting the benefits before developing any rule that This subpart applies to all grant and asterisk that corresponds to the may result in an expenditure by States, cooperative agreement programs, except footnotes that appear at the end of the local or tribal governments, or by the block grants, which are administered by table, as appropriate. We are correcting private sector of $100 million or more the National Institutes of Health; The the wage index values for CBSA codes where the numerical numbers contained in any given year. This rule does not Centers for Disease Control and typographical errors or where numbers have cost implications for the economy Prevention; the Agency for Toxic were transposed. In addition, in Table C of $100 million or more, nor otherwise Substances and Disease Registry; the of the addendum, we are correcting the meet the criteria for a major rule under Food and Drug Administration; and the Executive Order 12291, and therefore wage index value figures for the CBSA Office of Public Health and Science. For code 24780, Pitt County, NC, and the does not require a regulation impact purposes of this subpart, these entities analysis. CBSA code for 32820, Crittenden are hereinafter referred to as ‘‘agencies.’’ County, TN. Executive Order 13132 [FR Doc. 05–24442 Filed 12–22–05; 8:45 am] This correction notice is consistent Executive Order 13132 requires that BILLING CODE 4165–15–P with the published hospice wage index Federal agencies consult with State and values used to make payment as of local government officials in the October 1, 2005. In section II below, we development of regulatory policies with provide a description of the errors and federalism implications. We received no the changes being made to correct the comments. errors.
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II. Correction of Errors 2. On page 45188, in the 7th column, payments made by CMS to hospice In FR Doc. 05–15290, published on in the 25th line from the bottom, for the providers will not change. Therefore, we August 4, 2005 (70 FR 45130), we are county name Pitt, NC, change the wage believe there is sufficient cause to make making the following corrections: index number ‘‘0.09740’’ to ‘‘0.9740.’’ the corrections retroactive. 3. On page 45190, in the 7th column, (Catalog of Federal Domestic Assistance Table A—Hospice Wage Index for in the 27th line, for the county name, Program No. 93.773, Medicare—Hospital Urban Areas by CBSA Crittenden, TN, change the wage index Insurance; and Program No. 93.774, 1. On page 45147, in the fourth number ‘‘0.09785’’ to ‘‘0.9785.’’ Medicare—Supplementary Medical column, in the 4th through 23rd entry, III. Waiver of Proposed Rulemaking Insurance Program) for CBSA code 12060, change the MSA We ordinarily publish a notice of Dated: December 12, 2005. code ‘‘520’’ to ‘‘0520’’. proposed rulemaking in the Federal Ann C. Agnew, 2. On page 45148, in the third Register to provide a period for public Executive Secretary to the Department. column, in lines 37 through 39, for comment before the provisions of a rule [FR Doc. 05–24288 Filed 12–22–05; 8:45 am] CBSA code 13980, remove the asterisk take effect in accordance with section BILLING CODE 4120–01–P from the urban area county codes for 553(b) of the Administrative Procedure ‘‘Montgomery, VA; Pulaski, VA; and Act (APA) (5 U.S.C. 553(b)). However, Radford City, VA.’’ we can waive this notice and comment DEPARTMENT OF HEALTH AND 3. On page 45149, in the first column, procedure if the Secretary finds that the HUMAN SERVICES in the 10th entry, for CBSA code 6580, notice and comment process is change the CBSA code ‘‘6580’’ to impracticable, unnecessary, or contrary Centers for Medicare & Medicaid ‘‘16580.’’ to the public interest, and incorporates Services 4. On page 45150— a statement of the finding and the A. In the fourth column, in the 15th reasons therefore in the notice. 42 CFR Parts 419 and 485 entry, for CBSA code 17140, wage index The revisions contained in this rule [CMS–1501–CN2] 0.9207, urban area county code for correct formatting and typographical Bracken, KY*, change the MSA code errors in various sections of Table A and RIN 0938–AN46 ‘‘14’’ to ‘‘18.’’ Table C of the addendum. These Medicare Program; Changes to the B. In the third column, in the 15th corrections are necessary to ensure that Hospital Outpatient Prospective entry from the bottom, for CBSA code the final rule accurately reflects the Payment System and Calendar Year 17980, change the urban area county correct hospice wage index values. 2006 Payment Rates; Correction ‘‘Russell, AL,’’ to ‘‘Russell, AL*.’’ Since they are not substantive, but 5. On page 45153— merely technical, we find that public AGENCY: Centers for Medicare & A. In the fourth column, in the first comments on these revisions are both Medicaid Services (CMS), HHS. entry, for CBSA code 22744, change the unnecessary and impracticable. ACTION: Correction of final rule with MSA code ‘‘2860’’ to ‘‘2680.’’ Therefore, we find good cause to waive comment period. B. In the third column, for CBSA code notice and comment procedures. 23540 as previously corrected on In addition, the Administrative SUMMARY: This document corrects September 30, 2005 (70 FR 57176) Procedure Act (APA) normally requires technical errors that appeared in the change the wage index number for a 30-day delay in the effective date of final rule with comment period Alachua, FL* from ‘‘0.9642’’ to ‘‘1.0033’’ a final rule. Since this notice simply published in the Federal Register on and the wage index number for makes technical modifications to a final November 10, 2005 entitled ‘‘Changes to ‘‘Gilchrist, FL* from ‘‘1.0033’’ to rule that has previously gone through the Hospital Outpatient Prospective ‘‘0.9642.’’ notice-and-comment rulemaking and Payment System and Calendar Year C. In the second column, for CBSA the corrections are only to formatting 2006 Payment Rates; Final Rule.’’ code 24660, for urban area county code errors, we believe good cause also exists EFFECTIVE DATE: January 1, 2006. Randolph, NC*, remove the wage index under the APA to waive the 30-day FOR FURTHER INFORMATION CONTACT: number ‘‘0.9382’’ and add the wage delay in the effective date. Rebecca Kane, (410) 786–0378. index number ‘‘0.9382’’ to the urban Section 1871(e)(1)(A) of the Act, as SUPPLEMENTARY INFORMATION: area county code ‘‘Rockingham, NC*.’’ amended by section 903(a) of Pub .L. 6. On page 45160 as corrected on 108–173, provides that a substantive I. Background September 30, 2005 (70 FR 57176) in the change in regulations shall not be In FR Doc. 05–22136 (70 FR 68515), second column— applied retroactively to items and we have identified a number of A. In the second entry from the services furnished before the effective technical errors that we have described bottom, for the CBSA code 38540, date of the change, unless the Secretary in the ‘‘Summary of Errors’’ section and change the wage index number for finds that such retroactive application is corrected in the ‘‘Correction of Errors’’ ‘‘Bannock, ID*’’ from ‘‘0.9773’’ to necessary to comply with statutory section below. The provisions in this ‘‘1.0183.’’ requirements or failure to apply the correction notice are effective as if they B. In the first entry from the bottom, change retroactively would be contrary had been included in the CY 2006 final for the CBSA code 38540, change the to the public interest. Although this rule with comment period. Accordingly, wage index number for ‘‘Power, ID*’’ correction notice is retroactive, it makes the corrections are effective January 1, from ‘‘1.0183’’ to ‘‘0.9773.’’ no substantive changes, but only 2006. corrects minor technical errors. Failure Table C—Blended Hospice Wage Index to make these changes retroactive to II. Summary of Errors Codes for Selected Areas October 1, 2005, is contrary to the On November 10, 2005, we published 1. On page 45177, in the 6th column, public interest because the published the CY 2006 Hospital Outpatient in the 20th line, for the county name of wage index values do not match the Prospective Payment System (OPPS) Stanly, NC, change the special hospice actual wage index values utilized by final rule with comment period. wage index code ‘‘50192’’ to ‘‘50092.’’ CMS as of October 1, 2005. Actual Included in that document were several
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technical and typographical errors that III. Waiver of Proposed Rulemaking IV. Correction of Errors we are correcting in section III of this and Delay in Effective Date In FR Doc. 05–22136 (70 FR 68515), notice. We ordinarily publish a notice of make the following corrections: A. Correction of Technical Errors proposed rulemaking in the Federal A. Corrections to Preamble Text Register to provide a period for public We are correcting the following 1. On page 68516, in column 3, in the comment before the provisions of a technical errors that were included in second full paragraph, line 3, the term notice such as this takes effect in the CY 2006 OPPS final rule with ‘‘OPPA’’ is corrected to read ‘‘OPPS.’’ accordance with section 553(b) of the comment period affecting drug 2. On page 68517, in column 1, in the Administrative Procedure Act (APA) (5 administration code C8596, estimated 15th paragraph, line 1, the phrase ‘‘(Cost U.S.C. 553(b)). We also ordinarily expenditures, regulation text, hospital center specific)’’ is removed. provide a 30-day delay in the effective coding for sodium hyaluronate 3. On page 68518, in column 1, in the date of the provisions of a notice in products, and Addendum L. 11th paragraph, line 2, the phrase accordance with section 553(d) of the ‘‘and0651’’ is corrected to read ‘‘and On page 68680, we neglected to APA (5 U.S.C. 553(d)). However, we can 0651.’’ remove the first row, referencing HCPCS waive both the notice and comment 4. On page 68537, code C8956, from Table 31 and the procedure and the 30-day delay in a. In column 3, in the first full accompanying discussion regarding effective date if the Secretary finds, for paragraph, lines 5 to 6, the phrase ‘‘of C8956 from the response to the good cause, that it is impracticable, the proposed rule (76 FR 42690)’’ is comment included in the third column, unnecessary or contrary to the public removed. third paragraph. We are correcting these interest, and incorporates a statement of b. In column 3, in the first full errors in this notice. the finding and the reasons therefore in paragraph, line 6, the word ‘‘contained’’ On page 68726, we referred to the the notice. is corrected to read ‘‘contains.’’ transfer from the Federal government to The policies and payment 5. On page 68549, Medicare providers in billions rather methodology finalized in the CY 2006 a. In column 2, in the first full than millions in the accounting table. OPPS final rule with comment period paragraph, line 7, the amount ‘‘$246.04’’ We are correcting the error in this have previously been subjected to notice is corrected to read ‘‘$245.91.’’ notice. and comment procedures. This b. In column 2, in the first full On page 68728, we omitted a correction notice merely provides paragraph, line 8, the amount ‘‘$49.21’’ reference to pass-through devices in the technical corrections to the CY 2006 is corrected to read ‘‘$49.18.’’ 6. On page 68551, in column 3; in the regulation text as stated in the preamble OPPS final rule with comment period second full paragraph, line 12, the term text at 68559. We correct this omission that was promulgated through notice ‘‘TEFRA’’ is removed. in this notice. and comment rulemaking, and does not make substantive changes to the policies 7. On page 68552, On page 68643 and in Addendum B a. In column 1, in the second partial we erroneously referred to the creation or payment methodology that were finalized in the final rule with comment paragraph, line 32, the term ‘‘TEFRA’’ is of a code by the National HCPCS Panel, removed. specifically the creation of HCPCS code period. For example, this notice corrects typographical errors, makes b. In column 2, in the first partial J7318. This was incorrect as this code paragraph carried over from column 1, was not created by the National HCPCS clarifications to the preamble and regulations text, and revises inaccurate line 14, the term ‘‘TEFRA’’ is removed. Panel. Our error was discovered after c. In column 2, in the first partial publication, and we are taking this tabular data. Therefore, we find it unnecessary to undertake further notice paragraph carried over from column 1, opportunity to revise Addendum B to line 15, the line is corrected by inserting and comment procedures with respect reflect the CY 2006 payment for Sodium the phrase ‘‘paid under the OPPS but to this correction notice. We also believe Hyaluronate products using HCPCS not under the IPPS’’ between the words it is in the public interest to waive codes J7317 and J7320, as originally ‘‘hospitals’’ and ‘‘will.’’ notice and comment procedures and the included in the CY 2006 OPPS proposed d. In column 3, in the first partial 30-day delay in effective date for this rule. paragraph carried over from column 2, notice. This correction notice is line 3, the term ‘‘TEFRA’’ is removed. On pages 68752–68913 we published intended to ensure that the CY 2006 e. In column 3 in the first partial Addendum B—Payment Status by OPPS final rule with comment period paragraph carried over from column 2, HCPCS Code and Related Information— accurately reflects the policies line 5, the term ‘‘TEFRA’’ is corrected to CY 2006. We excluded several codes expressed in the final rule, and that the from this table. In section III of this read ‘‘these.’’ corrected information is made available f. In column 3, in the first partial correction notice we correct this error to the public prior to January 1, 2006, by publishing the omitted codes. paragraph carried over from column 2, the date on which the final rule line 10, the term ‘‘TEFRA’’ is corrected On pages 68964 through 68980, we becomes effective. to read ‘‘these.’’ published Addendum L—Out-Migration For the reasons stated above, we find g. In column 3, in the first partial Wage Adjustment CY 2006. We that both notice and comment and the paragraph carried over from column 2, excluded several providers from this 30-day delay in effective date for this line 17, the term ‘‘TEFRA’’ is removed. table. In Section III of this correction correction notice are unnecessary and h. In column 3, in the first partial notice, we republish Addendum L. that it is in the public interest to make paragraph carried over from column 2, B. Other Corrections this notice effective in conjunction with line 18, the line is corrected by inserting the final rule to which the corrections the phrase term ‘‘not paid under the We are also correcting typographical, apply. Therefore, we find there is good IPPS’’ between the words ‘‘hospitals’’ formatting, and other technical errors cause to waive notice and comment and ‘‘that’’. that were contained in the CY 2006 procedures and the 30-day delay in 8. On page 68556, in column 2, in the OPPS final rule with comment period. effective date for this correction notice. second full paragraph, in line 20, the
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sentence is corrected by adding the of the page, line 6, the number ‘‘31’’ is 6. On page 68749, APC 7316 is added following bolded text ‘‘payments, corrected to read ‘‘30.’’ as follows: brachytherapy seeds, and any service’’. 19. On page 68680, a. Column 2 reads ‘‘Sodium 9. On page 68559, a. In column 3, in the third paragraph, hyaluronate injection,’’ a. In column 1, below the table line 3, the term ‘‘codes’’ is corrected to b. Column 3 reads ‘‘K,’’ footnotes, line 14, following read ‘‘code.’’ c. Column 4 is blank, ‘‘biologicals’’ the word ‘‘and’’ is b. In column 3, in the third paragraph, d. Column 5 reads ‘‘$106.70,’’ removed. lines 3 through 8, the sentence is e. Column 6 is blank, b. In column 1, below the table corrected by removing the phrase f. Column 7 reads ‘‘$21.34.’’ footnotes, line 16 is corrected adding, ‘‘, ‘‘C8956 (Refilling and maintenance of 7. On page 68750, and brachytherapy seeds.’’ after portable or implantable pump or a. For APC 9119, row 19, column 2, ‘‘payment policy’’. reservoir for drug delivery for therapy/ ‘‘Pentastarch 10% solution’’ is corrected 10. On page 68561, diagnosis, systemic (e.g., intravenous, to read ‘‘Injection, pegfilgrastim 6mg.’’ a. In column 1, line 7, add a ‘‘,’’ after intra-arterial)) and.’’ b. For APC 9126, row 25, column 2, term ‘‘rural hospitals’’. c. In Table 31, the table is corrected ‘‘Injection, Natalizumab, 1mg’’ is b. In column 1, in the last partial by removing row 1. corrected to read ‘‘Natalizumab paragraph, line 7, remove the word 20. On page 68717, in column 1, first injection.’’ ‘‘because’’ and add ‘‘as’’ in its place. partial paragraph continued from the 8. On page 68751, for APC 9164, row c. In column 2, in the first partial previous page, line 24, the line is 7, column 2, ‘‘Inj Gad-base MR contrast, paragraph carried over from column 1, corrected by inserting the phrase ml’’ is corrected to read ‘‘Inj Gad-base line 11, ‘‘2 percent’’ is corrected to read ‘‘brachytherapy seeds,’’ after the word MR contrast, 1ml.’’ ‘‘¥2 percent’’. ‘‘* * * biologicals,’’. 11. On page 68565, column 1, in the 21. On page 68719, in column 1, the C. Corrections to Addendum B fifth full paragraph, line 5, ‘‘2005’’ is third partial paragraph, line 9, the 1. On page 68876, corrected to read ‘‘2006’’. sentence is corrected by inserting the a. For HCPCS code 95965, row 9, 12. On page 68578, column 1, in the phrase ‘‘at least’’ between the word ‘‘of’’ i. In column 4, ‘‘T’’ is corrected to last partial paragraph, line 2, the and the number ‘‘0.2.’’ read ‘‘S,’’ number ‘‘0042’’ is corrected to read 22. On page 68720, in column 3, in ii. In column 5, ‘‘0430’’ is corrected to ‘‘0429.’’ the second full paragraph, line 30, the read ‘‘1523,’’ 13. On page 68596, column 2, in the number ‘‘3.2’’ is corrected to read ‘‘3.0.’’ iii. In column 6, ‘‘10.8452’’ is first full paragraph, 23. On page 68726, in table 41, in removed, a. Line 8, the amount ‘‘$2,662.62’’ is column 2, row 2, ‘‘$660 Billion.’’ is iv. In column 7, ‘‘$645.41’’ is corrected to read ‘‘$2,709.14.’’ corrected to read ‘‘$660 Million.’’ corrected to read ‘‘$2,750.00,’’ b. Line 12, the amount ‘‘$2,975.50’’ is v. In column 9, ‘‘$129.08’’ is corrected corrected to read ‘‘$3,051.67.’’ § 419.43 [Amended] to read ‘‘$550.00.’’ 14. On page 68606, in column 1, in I 24. On page 68728, the first full paragraph, line 10, the b. For HCPCS code 95966, row 10, I a. In column 1, in the first partial i. In column 4, ‘‘T’’ is corrected to number ‘‘0442’’ is corrected to read paragraph carried over from page 68727, ‘‘0422.’’ read ‘‘S,’’ line 1, the phrase ‘‘APC and devices of’’ ii. In column 5, ‘‘0430’’ is corrected to 15. On page 68628, is corrected to read ‘‘APC, devices of.’’ a. In column 2, in the first partial read ‘‘1514,’’ I b. In column 1, in the first partial iii. In column 6, ‘‘10.8452’’ is deleted, paragraph carried over from column 1, paragraph carried over from page 68727, line 5, the word ‘‘where’’ is corrected to iv. In column 7, ‘‘$645.41’’ is line 3, the sentence is corrected by corrected to read ‘‘$1,250.00,’’ read ‘‘when.’’ inserting the phrase, ‘‘, and devices paid b. In column 2, in the third full v. In column 9, ‘‘$129.08’’ is corrected under § 419.66’’ after the phrase paragraph, line 17, the phrase to read ‘‘$250.00.’’ ‘‘(including a radioactive source).’’ ‘‘November 13, 2000 final rule’’ is c. For HCPCS code 95967, row 11, corrected to read ‘‘November 13, 2000 B. Corrections to Addendum A i. In column 4, ‘‘T’’ is corrected to interim final rule with comment read ‘‘S,’’ 1. On page 68736, for APC 0339, row ii. In column 5, ‘‘0430’’ is corrected to period.’’ 22, column 3, ‘‘Q’’ is corrected to read 16. On page 68630, read ‘‘1510,’’ ‘‘S.’’ iii. In column 6, ‘‘10.8452’’ is deleted, a. In column 1, in the first partial 2. On page 68738, for APC 0430, row paragraph carried over from page 68629, iv. In column 7, ‘‘$645.41’’ is 27, is removed. corrected to read ‘‘$850.00,’’ line 4, the date ‘‘August 3’’ is corrected 3. On page 68743, for APC 1491, row to read ‘‘November 13.’’ v. In column 9, ‘‘$129.06’’ is corrected 23, column 6, ‘‘$2.00’’ is removed. to read ‘‘$170.00.’’ b. In column 2, in the first full 4. On page 68746, APC 1611 is added paragraph, line 13, the date ‘‘August 3’’ 2. On page 68880, in numerical order as follows: a. For HCPCS code 0001F, row 1, is corrected to read ‘‘November 13.’’ a. Column 2 reads ‘‘Hylan G–F 20 column 4, ‘‘D’’ is corrected to read ‘‘E.’’ c. In column 2, in the first full injection,’’ paragraph, line 13, the line is corrected b. Column 3 reads ‘‘K,’’ b. For HCPCS code 0005F, row 7, by inserting ‘‘with comment period’’ at c. Column 4 is blank, column 4, ‘‘D’’ is corrected to read ‘‘E.’’ the end of the sentence. d. Column 5 reads ‘‘$199.09,’’ 3. On page 68888, for HCPCS code d. In column 2, in the first full e. Column 6 is blank, C8956, row 14, paragraph, line 33, the date ‘‘August 3’’ f. Column 7 reads ‘‘$39.82.’’ a. In column 4, ‘‘T’’ is corrected to is corrected to read ‘‘November 13.’’ 5. On page 68748, read ‘‘D,’’ 17. On page 68637, in Table 22, the a. APC 1706, row 18, is removed. b. In column 5, ‘‘0125’’ is removed, footnote is removed from the column b. For APC 1713, row 25, column 2, c. In column 6, ‘‘1.9021’’ is removed, one heading. ‘‘Inj Fe-based MR contrast, ml’’ is d. In column 7, ‘‘$113.20’’ is removed, 18. On page 68679, in column 1; in corrected to read ‘‘Inj Fe-base MR e. In column 9, ‘‘$22.64’’ is removed. the first partial paragraph at the bottom contrast, 1m1.’’ 4. On page 68895,
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a. For HCPCS code G0375, row 36, i. ‘‘D’’ is corrected to read ‘‘K,’’ a. For HCPCS code Q4079, row 15, column 8, ‘‘$2.00’’ is removed. ii. In column 5, ‘‘7316’’ is added, column 2, ‘‘Injection, Natalizumab, 1 b. For HCPCS code G0376, row 37, iii. In column 7, ‘‘$106.70’’ is added, MG’’ is corrected to read ‘‘Natalizumab column 8, ‘‘$2.00’’ is removed. iv. In column 9, ‘‘$21.34’’ is added. injection.’’ 5. On page 68901, b. For HCPCS code J7318, row 13, b. For HCPCS code Q9946, row 21, a. For HCPCS code J2505, row 20, i. In column 4, ‘‘K’’ is corrected to column 2, ‘‘LOCM <=149 mg/ml iodine, column 2, ‘‘Pentastarch 10% solution’’ read ‘‘D,’’ 1ml’’ is corrected to read ‘‘LOCM 150– is corrected to read ‘‘Injection, ii. In column 5, ‘‘1706’’ is removed, 199 mg/ml iodine, 1ml.’’ pegfilgrastim 6mg.’’ iii. In column 7, ‘‘$7.20’’ is removed, c. For HCPCS code Q9952, row 27, b. For HCPCS code J2510, row 21, iv. In column 9, ‘‘$1.44’’ is removed, column 2, ‘‘Inj Gad-base MR contrast, column 2, ‘‘Sincalide injection’’ is c. For HCPCS code J7320, row 14, ml’’ is corrected to read ‘‘Inj Gad-base corrected to read ‘‘Penicillin g procaine i. In column 4, ‘‘D’’ is corrected to MR contrast, 1ml.’’ inj.’’ read ‘‘K,’’ d. For HCPCS code Q9953, row 28, 6. On page 68902, for HCPCS code ii. In column 5, ‘‘1611’’ is added, column 2, ‘‘Inj Fe-based MR contrast, J3070, row 26, column 2, ‘‘Pentazocine iii. In column 7, ‘‘$199.09’’ is added, ml’’ is corrected to read ‘‘Inj Fe-based hcl injection’’ is corrected to read iv. In column 9, ‘‘$39.82’’ is added. MR contrast, 1ml.’’ ‘‘Pentazocine injection.’’ 8. On page 68907, for HCPCS code 10. The following HCPCS codes were 7. On page 68904, K0105, row 8, column 4, ‘‘D’’ is inadvertently omitted from the a. For HCPCS code J7317, row 12, corrected to read ‘‘Y.’’ Addendum B. We correct this error by column 4, 9. On page 68912, listing the omitted codes below.
Relative Payment National Minimum HCPCS/CPT Short descriptor CI SI APC unadjusted unadjusted weight rate copayment copayment
22010 ...... I&d, p-spine, c/t/cerv-thor ...... NI ...... C 22015 ...... I&d, p-spine, l/s/ls ...... NI ...... C 32503 ...... Resect apical lung tumor ...... NI ...... C 32504 ...... Resect apical lung tum/chest NI ...... C 33507 ...... Repair art, intramural ...... NI ...... C 33548 ...... Restore/remodel, ventricle ..... NI ...... C 33768 ...... Cavopulmonary shunting ...... NI ...... C 33880 ...... Endovasc taa repr incl subcl .. NI ...... C 33881 ...... Endovasc taa repr w/o subcl .. NI ...... C 33883 ...... Insert endovasc prosth, taa .... NI ...... C 33884 ...... Endovasc prosth, taa, add-on NI ...... C 33886 ...... Endovasc prosth, delayed ...... NI ...... C 33889 ...... Artery transpose/endovas taa NI ...... C 33891 ...... Car-car bp grft/endovas taa ... NI ...... C 33925 ...... Rpr pul art unifocal w/o cpb ... NI ...... C 33926 ...... Repr pul art, unifocal w/cpb ... NI ...... C 43770 ...... Lap, place gastr adjust band .. NI ...... C 43771 ...... Lap, revise adjust gast band .. NI ...... C 43772 ...... Lap, remove adjust gast band NI ...... C 43773 ...... Lap, change adjust gast band NI ...... C 43774 ...... Lap remov adj gast band/port NI ...... C 44187 ...... Lap, ileo/jejuno-stomy ...... NI ...... C 44188 ...... Lap, colostomy ...... NI ...... C 44227 ...... Lap, close enterostomy ...... NI ...... C 45395 ...... Lap, removal of rectum ...... NI ...... C 45397 ...... Lap, remove rectum w/pouch NI ...... C 45400 ...... Laparoscopic proctopexy ...... NI ...... C 45402 ...... Lap proctopexy w/sig resect .. NI ...... C 46710 ...... Repr per/vag pouch sngl proc NI ...... C 46712 ...... Repr per/vag pouch dbl proc NI ...... C 50250 ...... Cryoablate renal mass open .. NI ...... C 61630 ...... Intracranial angioplasty ...... NI ...... B 61635 ...... Intracran angioplsty w/stent ... NI ...... B 61640 ...... Dilate ic vasospasm, init ...... NI ...... B 61641 ...... Dilate ic vasospasm add-on ... NI ...... B 61642 ...... Dilate ic vasospasm add-on ... NI ...... B 75956 ...... Xray, endovasc thor ao repr .. NI ...... C 75957 ...... Xray, endovasc thor ao repr .. NI ...... C 75958 ...... Xray, place prox ext thor ao ... NI ...... C 75959 ...... Xray, place dist ext thor ao .... NI ...... C 80195 ...... Assay of sirolimus ...... NI ...... A 82271 ...... Occult blood, feces, single ..... NI ...... A 82272 ...... Blood occult peroxidase ...... NI ...... A 83037 ...... Glycosylated hb, home device NI ...... A 83631 ...... Lactoferrin, fecal (quant) ...... NI ...... A 83695 ...... Assay of lipoprotein(a) ...... NI ...... A 83700 ...... Lipopro bld, electrophoretic .... NI ...... A 83701 ...... Lipoprotein bld, hr fraction ..... NI ...... A 83704 ...... Lipoprotein, bld, by nmr ...... NI ...... A
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National Minimum HCPCS/CPT Short descriptor CI SI APC Relative Payment unadjusted unadjusted weight rate copayment copayment
83900 ...... Molecule nucleic ampli 2 seq NI ...... A 83907 ...... Lyse cells for nucleic ext ...... NI ...... A 83908 ...... Nucleic acid, signal ampli ...... NI ...... A 83909 ...... Nucleic acid, high resolute ..... NI ...... A 83914 ...... Mutation ident ola/sbce/aspe NI ...... A 86200 ...... Ccp antibody ...... NI ...... A 86355 ...... B cells, total count ...... NI ...... A 86357 ...... Nk cells, total count ...... NI ...... A 86367 ...... Stem cells, total count ...... NI ...... A 86480 ...... Tb test, cell immun measure .. NI ...... A 87209 ...... Smear, complex stain ...... NI ...... A 87900 ...... Phenotype, infect agent drug NI ...... A 90649 ...... H papilloma vacc 3 dose im ... NI ...... E 90736 ...... Zoster vacc, sc ...... NI ...... E 90760 ...... Hydration iv infusion, init ...... NI ...... B 90761 ...... Hydrate iv infusion, add-on .... NI ...... B 90765 ...... Ther/proph/diag iv inf, init ...... NI ...... B 90766 ...... Ther/proph/dg iv inf, add-on ... NI ...... B 90767 ...... Tx/proph/dg addl seq iv inf ..... NI ...... B 90768 ...... Ther/diag concurrent inf ...... NI ...... B 90774 ...... Ther/proph/diag inj, iv push .... NI ...... B 90775 ...... Ther/proph/diag inj add-on ..... NI ...... B 92630 ...... Aud rehab pre-ling hear loss .. NI ...... E 92633 ...... Aud rehab postling hear loss NI ...... E 95251 ...... Gluc monitor, cont, phys i&r ... NI ...... B 96409 ...... Chemo, iv push, sngl drug ..... NI ...... B 96411 ...... Chemo, iv push, addl drug ..... NI ...... B 96413 ...... Chemo, iv infusion, 1 hr ...... NI ...... B 96415 ...... Chemo, iv infusion, addl hr .... NI ...... B 96417 ...... Chemo iv infus each addl seq NI ...... B 97760 ...... Orthotic mgmt and training ..... NI ...... A 97761 ...... Prosthetic training ...... NI ...... A 97762 ...... C/o for orthotic/prosth use ...... NI ...... A 98960 ...... Self-mgmt educ & train, 1 pt .. NI ...... E 98961 ...... Self-mgmt educ/train, 2–4 pt .. NI ...... E 98962 ...... Self-mgmt educ/train, 5–8 pt .. NI ...... E 99051 ...... Med serv, eve/wkend/holiday NI ...... B 99053 ...... Med serv 10pm–8am, 24 hr NI ...... B fac. 99060 ...... Out of office emerg med serv NI ...... B 99304 ...... Nursing facility care, init ...... NI ...... B 99305 ...... Nursing facility care, init ...... NI ...... B 99306 ...... Nursing facility care, init ...... NI ...... B 99307 ...... Nursing fac care, subseq ...... NI ...... B 99308 ...... Nursing fac care, subseq ...... NI ...... B 99309 ...... Nursing fac care, subseq ...... NI ...... B 99310 ...... Nursing fac care, subseq ...... NI ...... B 99318 ...... Annual nursing fac assessmnt NI ...... B 99324 ...... Domicil/r-home visit new pat .. NI ...... B 99325 ...... Domicil/r-home visit new pat .. NI ...... B 99326 ...... Domicil/r-home visit new pat .. NI ...... B 99327 ...... Domicil/r-home visit new pat .. NI ...... B 99328 ...... Domicil/r-home visit new pat .. NI ...... B 99334 ...... Domicil/r-home visit est pat .... NI ...... B 99335 ...... Domicil/r-home visit est pat .... NI ...... B 99336 ...... Domicil/r-home visit est pat .... NI ...... B 99337 ...... Domicil/r-home visit est pat .... NI ...... B 99339 ...... Domicil/r-home care supervis NI ...... B 99340 ...... Domicil/r-home care supervis NI ...... B 0090T ...... Cervical artific disc ...... NI ...... C 0091T ...... Lumbar artific disc ...... NI ...... C 0092T ...... Artific disc addl ...... NI ...... C 0093T ...... Cervical artific diskectomy ...... NI ...... C 0094T ...... Lumbar artific diskectomy ...... NI ...... C 0095T ...... Artific diskectomy addl ...... NI ...... C 0096T ...... Rev cervical artific disc ...... NI ...... C 0097T ...... Rev lumbar artific disc ...... NI ...... C 0098T ...... Rev artific disc addl ...... NI ...... C 0103T ...... Holotranscobalamin ...... NI ...... A 0104T ...... At rest cardio gas rebreathe .. NI ...... A 0105T ...... Exerc cardio gas rebreathe .... NI ...... A 0111T ...... Rbc membranes fatty acids ... NI ...... A
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National Minimum HCPCS/CPT Short descriptor CI SI APC Relative Payment unadjusted unadjusted weight rate copayment copayment
0115T ...... Med tx mngmt 15 min ...... NI ...... B 0116T ...... Med tx mngmt subsqt ...... NI ...... B 0117T ...... Med tx mngmt addl 15 min .... NI ...... B 0130T ...... Chron care drug investigatn ... NI ...... B 0140T ...... Exhaled breath condensate NI ...... A ph. 0141T ...... Perq islet transplant ...... NI ...... E 0142T ...... Open islet transplant ...... NI ...... E 0143T ...... Laparoscopic islet transplnt .... NI ...... E 0153T ...... Implant aneur sensor add-on NI ...... C 1003F ...... Level of activity assess ...... NI ...... E 1004F ...... Clin symp vol ovrld assess .... NI ...... E 1005F ...... Asthma symptoms evaluate ... NI ...... E 1006F ...... Osteoarthritis assess ...... NI ...... E 1007F ...... Anti-inflm/anlgsc otc assess ... NI ...... E 1008F ...... Gi/renal risk assess ...... NI ...... E 2000F ...... Blood pressure measure ...... NI ...... E 2001F ...... Weight record ...... NI ...... E 2002F ...... Clin sign vol ovrld assess ...... NI ...... E 2003F ...... Auscultation heart perform ..... NI ...... E 2004F ...... Initial exam involved joints ..... NI ...... E 3000F ...... Blood press 140/90 NI ...... E mmhg. 4003F ...... Pt ed write/oral, pts w/ hf ...... NI ...... E 4012F ...... Warfarin therapy rx ...... NI ...... E 4014F ...... Written discharge instr prvd ... NI ...... E 4015F ...... Persist asthma medicine ctrl .. NI ...... E 4016F ...... Anti-inflm/anlgsc agent rx ...... NI ...... E 4017F ...... Gi prophylaxis for nsaid rx ..... NI ...... E 4018F ...... Therapy exercise joint rx ...... NI ...... E A0998 ...... Ambulance response/treat- NI ...... E ment. A4233 ...... Alkalin batt for glucose mon ... NI ...... Y A4234 ...... J-cell batt for glucose mon ..... NI ...... Y A4235 ...... Lithium batt for glucose mon .. NI ...... Y A4236 ...... Silvr oxide batt glucose mon .. NI ...... Y A4363 ...... Ostomy clamp, replacement .. NI ...... A A4411 ...... Ost skn barr extnd =4 sq ...... NI ...... A A4412 ...... Ost pouch drain high output ... NI ...... A A4604 ...... Tubing with heating element .. NI ...... Y A5120 ...... Skin barrier, wipe or swab ..... NI ...... A A5512 ...... Multi den insert direct form .... NI ...... B A5513 ...... Multi den insert custom mold NI ...... B A6457 ...... Tubular dressing ...... NI ...... A A6513 ...... Compress burn mask face/ NI ...... B neck. A6530 ...... Compression stocking BK18– NI ...... E 30. A6531 ...... Compression stocking BK30– NI ...... A 40. A6532 ...... Compression stocking BK40– NI ...... A 50. A6533 ...... Gc stocking thighlngth 18–30 NI ...... E A6534 ...... Gc stocking thighlngth 30–40 NI ...... E A6535 ...... Gc stocking thighlngth 40–50 NI ...... E A6536 ...... Gc stocking full lngth 18–30 ... NI ...... E A6537 ...... Gc stocking full lngth 30–40 ... NI ...... E A6538 ...... Gc stocking full lngth 40–50 ... NI ...... E A6539 ...... Gc stocking waistlngth 18–30 NI ...... E A6540 ...... Gc stocking waistlngth 30–40 NI ...... E A6541 ...... Gc stocking waistlngth 40–50 NI ...... E A6542 ...... Gc stocking custom made ...... NI ...... E A6543 ...... Gc stocking lymphedema ...... NI ...... E A6544 ...... Gc stocking garter belt ...... NI ...... E A6549 ...... G compression stocking ...... NI ...... E A9275 ...... Disp home glucose monitor ... NI ...... E A9281 ...... Reaching/grabbing device ...... NI ...... E A9282 ...... Wig any type ...... NI ...... E B4185 ...... Parenteral sol 10 gm lipids .... NI ...... B E0170 ...... Commode chair electric ...... NI ...... Y E0171 ...... Commode chair non-electric .. NI ...... Y
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National Minimum HCPCS/CPT Short descriptor CI SI APC Relative Payment unadjusted unadjusted weight rate copayment copayment
E0172 ...... Seat lift mechanism toilet ...... NI ...... E E0485 ...... Oral device/appliance prefab NI ...... Y E0486 ...... Oral device/appliance cusfab NI ...... Y E0641 ...... Multi-position stnd fram sys ... NI ...... E E0642 ...... Dynamic standing frame ...... NI ...... E E0705 ...... Transfer board or device ...... NI ...... B E0762 ...... Trans elec jt stim dev sys ...... NI ...... B E0764 ...... Functional neuromuscularstim NI ...... Y E0911 ...... HD trapeze bar attach to bed NI ...... Y E0912 ...... HD trapeze bar free standing NI ...... Y E1392 ...... Portable oxygen concentrator NI ...... Y E1812 ...... Knee ext/flex w act res ctrl ..... NI ...... Y E2207 ...... Crutch and cane holder ...... NI ...... Y E2208 ...... Cylinder tank carrier ...... NI ...... Y E2209 ...... Arm trough each ...... NI ...... Y E2210 ...... Wheelchair bearings ...... NI ...... Y E2211 ...... Pneumatic propulsion tire ...... NI ...... Y E2212 ...... Pneumatic prop tire tube ...... NI ...... Y E2213 ...... Pneumatic prop tire insert ...... NI ...... Y E2214 ...... Pneumatic caster tire each .... NI ...... Y E2215 ...... Pneumatic caster tire tube ..... NI ...... Y E2216 ...... Foam filled propulsion tire ...... NI ...... Y E2217 ...... Foam filled caster tire each .... NI ...... Y E2218 ...... Foam propulsion tire each ..... NI ...... Y E2219 ...... Foam caster tire any size ea NI ...... Y E2220 ...... Solid propulsion tire each ...... NI ...... Y E2221 ...... Solid caster tire each ...... NI ...... Y E2222 ...... Solid caster integrated whl ..... NI ...... Y E2223 ...... Valve replacement only each NI ...... Y E2224 ...... Propulsion whl excludes tire .. NI ...... Y E2225 ...... Caster wheel excludes tire ..... NI ...... Y E2226 ...... Caster fork replacement only NI ...... Y E2371 ...... Gr27 sealed leadacid battery NI ...... Y E2372 ...... Gr27 non-sealed leadacid ...... NI ...... Y G0333 ...... Dispense fee initial 30 day ..... NI ...... M G0372 ...... MD service required for PMD NI ...... M G8006 ...... AMI pt recd aspirin at arriv ..... NI ...... M G8007 ...... AMI pt did not receiv aspiri .... NI ...... M G8008 ...... AMI pt ineligible for aspiri ...... NI ...... M G8009 ...... AMI pt recd Bblock at arr ...... NI ...... M G8010 ...... AMI pt did not rec bblock ...... NI ...... M G8011 ...... AMI pt inelig Bbloc at arriv ..... NI ...... M G8012 ...... Pneum pt recv antibiotic 4 h .. NI ...... M G8013 ...... Pneum pt w/o antibiotic 4 hr .. NI ...... M G8014 ...... Pneum pt not elig antibiotic .... NI ...... M G8015 ...... Diabetic pt w/ HBA1c>9% ...... NI ...... M G8016 ...... Diabetic pt w/ HBA1c < or = NI ...... M 9%. G8017 ...... DM pt inelig for HBA1c measu NI ...... M G8018 ...... Care not provided for HbA1c NI ...... M G8019 ...... Diabetic pt w/LDL> 100mg/dl NI ...... M G8020 ...... Diab pt w/LDL < or = 100mg/ NI ...... M dl. G8021 ...... Diab pt inelig for LDL meas ... NI ...... M G8022 ...... Care not provided for LDL ..... NI ...... M G8023 ...... DM pt w BP> 140/80 ...... NI ...... M G8024 ...... Diabetic pt wBP< 140/80 ...... NI ...... M G8025 ...... Diabetic pt inelig for BP me ... NI ...... M G8026 ...... Diabet pt w no care re BP me NI ...... M G8027 ...... HF p w/LVSD on ACE-I/ARB NI ...... M G8028 ...... HF pt w/LVSD not on ACE-I/ NI ...... M AR. G8029 ...... HF pt not elig for ACE-I/ARB NI ...... M G8030 ...... HF pt w/LVSD on Bblocker .... NI ...... M G8031 ...... HF pt w/LVSD not on NI ...... M Bblocker. G8032 ...... HF pt not elig for Bblocker ..... NI ...... M G8033 ...... AMI-CAD pt on Bblocker ...... NI ...... M G8034 ...... AMI-CAD pt not on Bblocker .. NI ...... M G8035 ...... AMI-CAD pt inelig Bblocker ... NI ...... M G8036 ...... AMI-CAD pt doc on antiplatel NI ...... M G8037 ...... AMI-CAD pt not docu on antip NI ...... M
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National Minimum HCPCS/CPT Short descriptor CI SI APC Relative Payment unadjusted unadjusted weight rate copayment copayment
G8038 ...... AMI-CAD inelig antiplate mea NI ...... M G8039 ...... CAD pt w/LDL>100mg/dl ...... NI ...... M G8040 ...... CAD pt w/LDL< or = 100mg/dl NI ...... M G8041 ...... CAD pt not eligible for LDL .... NI ...... M G8051 ...... Osteoporosis assess ...... NI ...... M G8052 ...... Osteopor pt not assess ...... NI ...... M G8053 ...... Pt inelig for osteopor meas .... NI ...... M G8055 ...... Falls assess w/ 12 mon ...... NI ...... M G8056 ...... Not elig for falls assessmen ... NI ...... M G8057 ...... Hearing assess receive ...... NI ...... M G8058 ...... Pt w/o hearing assess ...... NI ...... M G8059 ...... Pt inelig for hearing assess .... NI ...... M G8060 ...... Urinary incont pt assess ...... NI ...... M G8061 ...... Pt not assess for urinary in .... NI ...... M G8062 ...... Pt not elig for urinary inco ...... NI ...... M G8075 ...... ESRD pt w/ dialy of NI ...... M URR> 65%. G8076 ...... ESRD pt w/ dialy of NI ...... M URR< 65%. G8077 ...... ESRD pt not elig for URR/KtV NI ...... M G8078 ...... ESRD pt w/Hct> or = 33 ...... NI ...... M G8079 ...... ESRD pt w/Hct< 33 ...... NI ...... M G8080 ...... ESRD pt inelig for HCT/Hgb .. NI ...... M G8081 ...... ESRD pt w/ auto AV fistula .... NI ...... M G8082 ...... ESRD pt w other fistula ...... NI ...... M G8093 ...... COPD pt rec smoking cessat NI ...... M G8094 ...... COPD pt w/o smoke cessat NI ...... M int. G8099 ...... Osteopo pt given Ca+VitD NI ...... M sup. G8100 ...... Osteop pt inelig for Ca+VitD .. NI ...... M G8103 ...... New dx osteo pt w/antiresorp NI ...... M G8104 ...... Osteo pt inelig for antireso ..... NI ...... M G8106 ...... Bone dens meas test perf ...... NI ...... M G8107 ...... Bone dens meas test inelig .... NI ...... M G8108 ...... Pt receiv influenza vacc ...... NI ...... M G8109 ...... Pt w/o influenza vacc ...... NI ...... M G8110 ...... Pt inelig for influenza vacc ..... NI ...... M G8111 ...... Pt receiv mammogram ...... NI ...... M G8112 ...... Pt not doc mammogram ...... NI ...... M G8113 ...... Pt ineligible mammography .... NI ...... M G8114 ...... Care not provided for mamogr NI ...... M G8115 ...... Pt receiv pneumo vacc ...... NI ...... M G8116 ...... Pt did not rec pneumo vacc ... NI ...... M G8117 ...... Pt was inelig for pneumo vac NI ...... M G8126 ...... Pt treat w antidepress 12wks NI ...... M G8127 ...... Pt not treat w/antidepres 12w NI ...... M G8128 ...... Pt inelig for antidepres med ... NI ...... M G8129 ...... Pt treat w/antidepres for 6m ... NI ...... M G8130 ...... Pt not treat w/antidepres 6m .. NI ...... M G8131 ...... Pt inelig for antidepres med ... NI ...... M G8152 ...... Pt w/AB 1 hr prior to incisi ..... NI ...... M G8153 ...... Pt not doc for AB 1 hr prior .... NI ...... M G8154 ...... Pt ineligi for AB therapy ...... NI ...... M G8155 ...... Pt recd thromboemb NI ...... M prophylax. G8156 ...... Pt did not rec thromboembo .. NI ...... M G8157 ...... Pt ineligi for thrombolism ...... NI ...... M G8158 ...... Pt recd CABG w/ IMA ...... NI ...... M G8159 ...... Pt w/CABG w/o IMA ...... NI ...... M G8160 ...... Pt inelig for CABG w/IMA ...... NI ...... M G8161 ...... Iso CABG pt rec preop bblock NI ...... M G8162 ...... Iso CABG pt w/o preop NI ...... M Bblock. G8163 ...... Iso CABG pt inelig for preo .... NI ...... M G8164 ...... Iso CABG pt w/prolng intub ... NI ...... M G8165 ...... Iso CABG pt w/o prolng intub NI ...... M G8166 ...... Iso CABG req surg rexpo ...... NI ...... M G8167 ...... Iso CABG w/o surg explo ...... NI ...... M G8170 ...... CEA/ext bypass pt on aspirin NI ...... M G8171 ...... Pt w/carot endarct/ext bypas .. NI ...... M G8172 ...... CEA/ext bypass pt not on asp NI ...... M
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National Minimum HCPCS/CPT Short descriptor CI SI APC Relative Payment unadjusted unadjusted weight rate copayment copayment
G8182 ...... CAD pt care not prov LDL ..... NI ...... M G8183 ...... HF/atrial fib pt on warfarin ...... NI ...... M G8184 ...... HF/atrial fib pt inelig warf ...... NI ...... M G8185 ...... Osteoarth pt w/ assess pain .. NI ...... M G8186 ...... Osteoarth pt inelig assess ...... NI ...... M J0882 ...... Darbepoetin alfa, esrd use ..... NI ...... B J0886 ...... Epoetin alfa, esrd ...... NI ...... B J1675 ...... Histrelin acetate ...... NI ...... B J7306 ...... Levonorgestrel implant sys .... NI ...... E J7341 ...... Non-human, metabolic tissue NI ...... K 1707 1.01 0.20 J7620 ...... Albuterol non-compounded .... NI ...... B J7627 ...... Budesonide, compounded ...... NI ...... B J8498 ...... Antiemetic rectal/supp NOS ... NI ...... B J8515 ...... Cabergoline, oral 0.25mg ...... NI ...... E J8540 ...... Oral dexamethasone ...... NI ...... K 1708 0.22 0.04 L0491 ...... TLSO 2 piece rigid shell ...... NI ...... A L0492 ...... TLSO 3 piece rigid shell ...... NI ...... A L0621 ...... SIO flex pelvisacral prefab ..... NI ...... A L0622 ...... SIO flex pelvisacral custom .... NI ...... A L0623 ...... SIO panel prefab ...... NI ...... A L0624 ...... SIO panel custom ...... NI ...... A L0625 ...... LO flexibl L1-below L5 pre ..... NI ...... A L0626 ...... LO sag stays/panels pre-fab .. NI ...... A L0627 ...... LO sagitt rigid panel prefab .... NI ...... A L0628 ...... LO flex w/o rigid stays pre ..... NI ...... A L0629 ...... LSO flex w/rigid stays cust ..... NI ...... A L0630 ...... LSO post rigid panel pre ...... NI ...... A L0631 ...... LSO sag-coro rigid frame pre NI ...... A L0632 ...... LSO sag rigid frame cust ...... NI ...... A L0633 ...... LSO flexion control prefab ..... NI ...... A L0634 ...... LSO flexion control custom .... NI ...... A L0635 ...... LSO sagit rigid panel prefab .. NI ...... A L0636 ...... LSO sagittal rigid panel cus ... NI ...... A L0637 ...... LSO sag-coronal panel prefab NI ...... A L0638 ...... LSO sag-coronal panel cus- NI ...... A tom. L0639 ...... LSO s/c shell/panel prefab ..... NI ...... A L0640 ...... LSO s/c shell/panel custom ... NI ...... A L0859 ...... MRI compatible system ...... NI ...... A L3671 ...... SO cap design w/o jnts CF .... NI ...... A L3672 ...... SO airplane w/o jnts CF ...... NI ...... A L3673 ...... SO airplane w/joint CF ...... NI ...... A L3702 ...... EO w/o joints CF ...... NI ...... A L3763 ...... EWHO rigid w/o jnts CF ...... NI ...... A L3764 ...... EWHO w/joint(s) CF ...... NI ...... A L3765 ...... EWHFO rigid w/o jnts CF ...... NI ...... A L3766 ...... EWHFO w/joint(s) CF ...... NI ...... A L3905 ...... WHO w/nontorsion jnt(s) CF .. NI ...... A L3913 ...... HFO w/o joints CF ...... NI ...... A L3919 ...... HO w/o joints CF ...... NI ...... A L3921 ...... HFO w/joint(s) CF ...... NI ...... A L3933 ...... FO w/o joints CF ...... NI ...... A L3935 ...... FO nontorsion joint CF ...... NI ...... A L3961 ...... SEWHO cap design w/o jnts NI ...... A CF. L3967 ...... SEWHO airplane w/o jnts CF NI ...... A L3971 ...... SEWHO cap design w/jnt(s) NI ...... A CF. L3973 ...... SEWHO airplane w/jnt(s) CF NI ...... A L3975 ...... SEWHFO cap design w/o jnt NI ...... A CF. L3976 ...... SEWHFO airplane w/o jnts NI ...... A CF. L3977 ...... SEWHFO cap desgn w/jnt(s) NI ...... A CF. L3978 ...... SEWHFO airplane w/jnt(s) CF NI ...... A L5703 ...... Symes ankle w/o (SACH) foot NI ...... A L5858 ...... Stance phase only ...... NI ...... A L5971 ...... SACH foot, replacement ...... NI ...... A L6621 ...... Flex/ext wrist w/wo friction ..... NI ...... A L6677 ...... UE triple control harness ...... NI ...... A L6883 ...... Replc sockt below e/w disa .... NI ...... A
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National Minimum HCPCS/CPT Short descriptor CI SI APC Relative Payment unadjusted unadjusted weight rate copayment copayment
L6884 ...... Replc sockt above elbow disa NI ...... A L6885 ...... Replc sockt shldr dis/interc .... NI ...... A L7400 ...... Add UE prost be/wd, ultlite .... NI ...... A L7401 ...... Add UE prost a/e ultlite mat ... NI ...... A L7402 ...... Add UE prost s/d ultlite mat ... NI ...... A L7403 ...... Add UE prost b/e acrylic ...... NI ...... A L7404 ...... Add UE prost a/e acrylic ...... NI ...... A L7405 ...... Add UE prost s/d acrylic ...... NI ...... A L7600 ...... Prosthetic donning sleeve ...... NI ...... A L8623 ...... Lith ion batt CID, non-earlvl ... NI ...... A L8624 ...... Lith ion batt CID, ear level ..... NI ...... A L8680 ...... Implt neurostim elctr each ...... NI ...... B L8681 ...... Pt prgrm for implt neurostim .. NI ...... A L8683 ...... Radiofq trsmtr for implt neu ... NI ...... A L8684 ...... Radiof trsmtr implt scrl neu .... NI ...... A L8685 ...... Implt nrostm pls gen sng rec NI ...... B L8686 ...... Implt nrostm pls gen sng non NI ...... B L8687 ...... Implt nrostm pls gen dua rec NI ...... B L8688 ...... Implt nrostm pls gen dua non NI ...... B L8689 ...... External recharging system .... NI ...... A Q0510 ...... Dispens fee NI ...... B immunosupressive. Q0511 ...... Sup fee antiem, antica, NI ...... B immuno. Q0512 ...... Px sup fee anti-can sub pres NI ...... M Q0513 ...... Disp fee inhal drugs/30 days NI ...... B Q0514 ...... Disp fee inhal drugs/90 days NI ...... B V2788 ...... Presbyopia-correct function .... NI ...... E
D. Corrections to Addendum L increased by the out-migration adjustment. We correct this in this adjustment. In the final rule with notice by replacing Addendum L in its Addendum L represents all hospitals comment period, we inadvertently did entirety; however we retain the footnote that are eligible to have their wage index not list all hospitals eligible for the language as published in the final rule.
ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
010005 ...... 0.0259 Marshall. 010008 * 0.0212 Crenshaw. 010009 ...... 0.0092 Morgan. 010010 ...... 0.0259 Marshall. 010012 * 0.0205 De Kalb. 010022 * 0.0714 Cherokee. 010025 * 0.0235 Chambers. 010029 * 0.0107 Lee. 010035 * 0.0375 Cullman. 010038 ...... 0.0062 Calhoun. 010045 * 0.0160 Fayette. 010047 ...... 0.0155 Butler. 010054 ...... 0.0092 Morgan. 010061 ...... 0.0506 Jackson. 010072 * 0.0310 Talladega. 010078 ...... 0.0062 Calhoun. 010083 * 0.0121 Baldwin. 010085 ...... 0.0092 Morgan. 010100 * 0.0121 Baldwin. 010101 * 0.0310 Talladega. 010109 ...... 0.0451 Pickens. 010115 ...... 0.0093 Franklin. 010129 ...... 0.0121 Baldwin. 010143 * 0.0375 Cullman. 010146 ...... 0.0062 Calhoun. 010150 * 0.0155 Butler. 010158 * 0.0093 Franklin. 010164 * 0.0310 Talladega. 013027 ...... 0.0121 Baldwin. 014008 ...... 0.0121 Baldwin. 014009 ...... 0.0092 Morgan.
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ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
040014 * 0.0159 White. 040019 * 0.0697 St. Francis. 010047 * 0.0090 Randolph. 010069 * 0.0140 Mississippi. 010071 ...... 0.0026 Jefferson. 040076 * 0.1075 Hot Spring. 040100 * 0.0159 White. 042007 ...... 0.0026 Jefferson. 050008 ...... 0.0026 San Francisco 050009 * 0.0478 NAPA. 050013 * 0.0478 NAPA. 050014 * 0.0131 Amador. 050016 ...... 0.0103 San Luis Obispo. 050042 * 0.0219 Tehama. 050046 ...... 0.0156 Ventura. 050047 ...... 0.0026 San Francisco. 050055 ...... 0.0026 San Francisco. 050065 * 0.0029 Orange. 050069 * 0.0029 Orange. 050073 * 0.0269 Solano. 050076 * 0.0026 San Francisco. 050082 ...... 0.0156 Ventura. 050084 ...... 0.0555 San Joaquin. 050089 * 0.0152 San Bernardino. 050090 * 0.0308 Sonoma. 050099 * 0.0152 San Bernardino. 050101 ...... 0.0269 Solano. 050117 ...... 0.0463 Merced. 050118 * 0.0555 San Joaquin. 050122 ...... 0.0555 San Joaquin. 050129 * 0.0152 San Bernardino. 050133 ...... 0.0170 Yuba. 050136 * 0.0308 Sonoma. 050140 * 0.0152 San Bernardino. 050150 * 0.0316 Nevada 050152 ...... 0.0026 San Francisco. 050159 ...... 0.0156 Ventura. 050167 ...... 0.0555 San Joaquin. 050168 * 0.0029 Orange. 050173 * 0.0029 Orange. 050174 * 0.0308 Sonoma. 050177 ...... 0.0156 Ventura. 050193 * 0.0029 Orange. 050224 * 0.0029 Orange. 050226 * 0.0029 Orange. 050228 * 0.0026 San Francisco. 050230 * 0.0029 Orange. 050232 ...... 0.0103 San Luis Obispo. 050236 ...... 0.0156 Ventura. 050245 * 0.0152 San Bernardino. 050272 * 0.0152 San Bernardino. 050279 * 0.0152 San Bernardino. 050291 * 0.0308 Sonoma. 050298 * 0.0152 San Bernardino. 050300 * 0.0152 San Bernardino. 050313 ...... 0.0555 San Joaquin. 050325 ...... 0.0176 Tuolumne. 050327 * 0.0152 San Bernardino. 050331 * 0.0308 Sonoma. 050335 ...... 0.0176 Tuolumne. 050336 ...... 0.0555 San Joaquin. 050348 * 0.0029 Orange. 050367 ...... 0.0269 Solano. 050385 * 0.0308 Sonoma. 050394 ...... 0.0156 Ventura. 050407 ...... 0.0026 San Francisco. 050426 * 0.0029 Orange. 050444 ...... 0.0463 Merced. 050454 ...... 0.0026 San Francisco. 050457 ...... 0.0026 San Francisco. 050469 * 0.0152 San Bernardino.
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ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
050476 ...... 0.0257 Lake. 050494 * 0.0316 Nevada. 050506 ...... 0.0103 San Luis Obispo. 050517 ...... 0.0152 San Bernardino. 050526 * 0.0029 Orange. 050528 * 0.0463 Merced. 050535 * 0.0029 Orange. 050539 ...... 0.0257 Lake. 050543 * 0.0029 Orange. 050547 * 0.0308 Sonoma. 050548 * 0.0029 Orange. 050549 * 0.0156 Ventura. 050550 * 0.0029 Orange. 050551 * 0.0029 Orange. 050567 * 0.0029 Orange. 050568 ...... 0.0062 Madera. 050570 * 0.0029 Orange. 050580 * 0.0029 Orange. 050584 * 0.0152 San Bernardino. 050585 * 0.0029 Orange. 050586 * 0.0152 San Bernardino. 050589 * 0.0029 Orange. 050592 * 0.0029 Orange. 050594 * 0.0029 Orange. 050603 * 0.0029 Orange. 050609 * 0.0029 Orange. 050616 ...... 0.0156 Ventura. 050618 * 0.0152 San Bernardino. 050633 ...... 0.0103 San Luis Obispo. 050667 * 0.0478 Napa. 050668 * 0.0026 San Francisco. 050678 * 0.0029 Orange. 050680 ...... 0.0269 Solano. 050690 * 0.0308 Sonoma. 050693 * 0.0029 Orange. 050695 ...... 0.0555 San Joaquin. 050720 * 0.0029 Orange. 050728 * 0.0308 Sonoma. 050731 ...... 0.0152 San Bernardino. 052035 ...... 0.0029 Orange. 052037 ...... 0.0152 San Bernardino. 052039 ...... 0.0029 Orange. 052040 ...... 0.0152 San Bernardino. 053034 ...... 0.0029 Orange. 053037 ...... 0.0152 San Bernardino. 053304 ...... 0.0029 Orange. 053306 ...... 0.0029 Orange. 053308 ...... 0.0029 Orange. 054020 ...... 0.0026 San Francisco. 054074 ...... 0.0269 Solano. 054077 ...... 0.0156 Ventura. 054089 ...... 0.0026 San Francisco. 054093 ...... 0.0152 San Bernardino. 054106 ...... 0.0156 Ventura. 054111 ...... 0.0152 San Bernardino. 054122 ...... 0.0478 Napa. 054123 ...... 0.0555 San Joaquin. 054135 ...... 0.0029 Orange. 054141 ...... 0.0269 Solano. 054144 ...... 0.0026 San Francisco. 060001 * 0.0294 Weld. 060003 * 0.0203 Boulder. 060027 * 0.0203 Boulder. 060103 * 0.0203 Boulder. 064007 ...... 0.0203 Boulder. 070003 * 0.0009 Windham. 070006 * 0.0047 Fairfield. 070010 * 0.0047 Fairfield. 070018 * 0.0047 Fairfield. 070020 ...... 0.0073 Middlesex. 070021 * 0.0009 Windham.
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ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
070028 * 0.0047 Fairfield. 070033 * 0.0047 Fairfield. 070034 * 0.0047 Fairfield. 073026 ...... 0.0009 Windham. 074000 ...... 0.0047 Fairfield. 074003 ...... 0.0073 Middlesex. 074008 ...... 0.0009 Windham. 074012 ...... 0.0047 Fairfield. 074014 ...... 0.0047 Fairfield. 080001 ...... 0.0063 New Castle. 080003 ...... 0.0063 New Castle. 082000 ...... 0.0063 New Castle. 083300 ...... 0.0063 New Castle. 084001 ...... 0.0063 New Castle. 084002 ...... 0.0063 New Castle. 084003 ...... 0.0063 New Castle. 100014 ...... 0.0118 Volusia. 100017 ...... 0.0118 Volusia. 100045 * 0.0118 Volusia. 100047 ...... 0.0021 Charlotte. 100062 ...... 0.0060 Marion. 100068 ...... 0.0118 Volusia. 100072 ...... 0.0118 Volusia. 100077 ...... 0.0021 Charlotte. 100102 ...... 0.0125 Columbia. 100118 * 0.0398 Flagler. 100156 ...... 0.0125 Columbia. 100175 ...... 0.0231 De Soto. 100212 ...... 0.0060 Marion. 100232 ...... 0.0347 Putnam. 100236 ...... 0.0021 Charlotte. 100252 * 0.0233 Okeechobee. 100290 ...... 0.0582 Sumter. 110023 * 0.0500 Gordon. 110027 ...... 0.0387 Franklin. 110029 * 0.0063 Hall. 110041 * 0.0777 Habersham. 110069 * 0.0474 Houston. 110124 ...... 0.0428 Wayne. 110136 ...... 0.0261 Baldwin. 110150 * 0.0261 Baldwin. 110153 * 0.0474 Houston. 110187 * 0.1172 Lumpkin. 110189 * 0.0031 Fannin. 110190 ...... 0.0182 Macon. 110205 * 0.0779 Gilmer. 114018 ...... 0.0261 Baldwin. 130003 * 0.0095 Nez Perce. 130024 ...... 0.0275 Bonner. 130049 * 0.0349 Kootenai. 130066 ...... 0.0349 Kootenai. 140012 * 0.0220 Lee. 140026 ...... 0.0346 La Salle. 140033 ...... 0.0147 Lake. 140043 * 0.0046 Whiteside. 140058 * 0.0081 Morgan. 140084 ...... 0.0147 Lake. 140100 ...... 0.0147 Lake. 140110 * 0.0346 La Salle. 140130 ...... 0.0147 Lake. 140155 ...... 0.0027 Kankakee. 140160 * 0.0286 Stephenson. 140161 * 0.0138 Livingston. 140186 ...... 0.0027 Kankakee. 140202 ...... 0.0147 Lake. 140205 ...... 0.0163 Boone. 140234 * 0.0346 La Salle. 140291 * 0.0147 Lake. 150022 ...... 0.0249 Montgomery. 150030 * 0.0201 Henry. 150035 ...... 0.0083 Porter.
VerDate Aug<31>2005 15:34 Dec 22, 2005 Jkt 208001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1 erjones on PROD1PC68 with RULES Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005 / Rules and Regulations 76189
ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
150045 ...... 0.0416 De Kalb. 150060 ...... 0.0051 Vermillion. 150062 ...... 0.0153 Decatur. 150065 * 0.0139 Jackson. 150076 * 0.0189 Marshall. 150088 * 0.0196 Madison. 150091 ...... 0.0573 Huntington. 150102 * 0.0160 Starke. 150113 * 0.0196 Madison. 150122 ...... 0.0199 Ripley. 154047 ...... 0.0189 Marshall. 154050 ...... 0.0416 De Kalb. 160013 ...... 0.0218 Muscatine. 160026 * 0.0496 Boone. 160030 ...... 0.0040 Story. 160032 ...... 0.0272 Jasper. 160080 * 0.0049 Clinton. 170137 * 0.0336 Douglas. 180012 * 0.0083 Hardin. 180066 * 0.0567 Logan. 180127 * 0.0352 Franklin. 180128 ...... 0.0282 Lawrence. 183028 ...... 0.0083 Hardin. 184012 ...... 0.0083 Hardin. 190001 * 0.0645 Washington. 190003 * 0.0107 Iberia. 190010 ...... 0.0401 Tangipahoa. 190015 * 0.0401 Tangipahoa. 190017 ...... 0.0235 St. Landry. 190054 ...... 0.0107 Iberia. 190078 ...... 0.0235 St. Landry. 190088 ...... 0.0705 Webster. 190099 * 0.0390 Avoyelles. 190106 * 0.0238 Allen. 190133 ...... 0.0238 Allen. 190144 ...... 0.0705 Webster. 190184 ...... 0.0161 Caldwell. 190190 ...... 0.0161 Caldwell. 190191 * 0.0235 St. Landry. 190246 ...... 0.0161 Caldwell. 192034 ...... 0.0235 St. Landry. 192036 ...... 0.0401 Tangipahoa. 192040 ...... 0.0401 Tangipahoa. 192046 ...... 0.0645 Washington. 193044 ...... 0.0401 Tangipahoa. 193055 ...... 0.0161 Caldwell. 193063 ...... 0.0401 Tngipahoa. 193068 ...... 0.0401 Tangipahoa. 193073 ...... 0.0235 St. Landry. 193091 ...... 0.0107 Iberia. 194047 ...... 0.0705 Webster. 200002 * 0.0129 Lincoln. 200013 ...... 0.0186 Waldo. 200024 * 0.0071 Androscoggin. 200032 ...... 0.0466 Oxford. 200034 * 0.0071 Androscoggin. 200050 * 0.0140 Hancock. 210001 ...... 0.0129 Washington. 210004 ...... 0.0040 Montgomery. 210016 ...... 0.0040 Montgomery. 210018 ...... 0.0040 Montgomery. 210022 ...... 0.0040 Montgomery. 210023 ...... 0.0209 Ann Arundel. 210043 ...... 0.0209 Ann Arundel. 210048 ...... 0.0287 Howard. 210057 ...... 0.0040 Montgomery. 212002 ...... 0.0129 Washington. 213029 ...... 0.0040 Montgomery. 214001 ...... 0.0209 Ann Arundel. 214003 ...... 0.0129 Washington. 214013 ...... 0.0040 Montgomery.
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ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
220001 * 0.0056 Worcester. 220002 ...... 0.0249 Middlesex. 220003 * 0.0056 Worcester. 220006 ...... 0.0306 Essex. 220010 * 0.0306 Essex. 220011 ...... 0.0249 Middlesex. 220019 * 0.0056 Worcester. 220025 * 0.0056 Worcester. 220028 * 0.0056 Worcester. 220029 * 0.0306 Essex. 220033 * 0.0306 Essex. 220035 * 0.0306 Essex. 220049 ...... 0.0249 Middlesex. 220058 * 0.0056 Worcester. 220062 * 0.0056 Worcester. 220063 ...... 0.0249 Middlesex. 220070 ...... 0.0249 Middlesex. 220080 * 0.0306 Essex. 220082 ...... 0.0249 Middlesex. 220084 ...... 0.0249 Middlesex. 220089 ...... 0.0249 Middlesex. 220090 * 0.0056 Worcester. 220095 * 0.0056 Worcester. 220098 ...... 0.0249 Middlesex. 220101 ...... 0.0249 Middlesex. 220105 ...... 0.0249 Middlesex. 220163 * 0.0056 Worcester. 220171 ...... 0.0240 Middlesex. 220174 * 0.0306 Essex. 222000 ...... 0.0249 Middlesex. 222003 ...... 0.0249 Middlesex. 222026 ...... 0.0306 Essex. 222044 ...... 0.0306 Essex. 222047 ...... 0.0306 Essex. 222048 ...... 0.0056 Worcester. 223026 ...... 0.0249 Middlesex. 223028 ...... 0.0306 Essex. 223029 ...... 0.0056 Worcester. 223033 ...... 0.0056 Worcester. 224007 ...... 0.0249 Middlesex. 224002 ...... 0.0249 Middlesex. 224026 ...... 0.0056 Worcester. 224032 ...... 0.0056 Worcester. 224033 ...... 0.0306 Essex. 224038 ...... 0.0249 Middlesex. 230003 * 0.0035 Ottawa. 230013 * 0.0091 Oakland. 230015 ...... 0.0359 St. Joseph. 230019 * 0.0091 Oakland. 230021 ...... 0.0136 Berrien. 230022 * 0.0113 Branch. 230029 * 0.0091 Oakland. 230037 * 0.0178 Hillsdale. 230041 ...... 0.0099 Bay. 230042 * 0.0685 Allegan. 230047 * 0.0082 MACOMB. 230069 * 0.0487 Livingston. 230071 * 0.0091 Oakland. 230072 * 0.0035 Ottawa. 230075 ...... 0.0145 Calhoun. 230078 * 0.0136 Berrien. 230092 ...... 0.0389 Jackson. 230093 * 0.0079 Mecosta. 230096 * 0.0359 St. Joseph. 230099 * 0.0339 Monroe. 230106 * 0.0030 Newaygo. 230121 * 0.0691 Shiawassee. 230130 * 0.0091 Oakland. 230151 * 0.0091 Oakland. 230174 * 0.0035 Ottawa. 230184 ...... 0.0389 Jackson.
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ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
230195 * 0.0082 Macomb. 230204 * 0.0082 Macomb. 230207 * 0.0091 Oakland. 230217 * 0.0145 Calhoun. 230222 ...... 0.0228 Midland. 230223 * 0.0091 Oakland. 230227 * 0.0082 Macomb. 230254 * 0.0091 Oakland. 230257 * 0.0082 Macomb. 230264 * 0.0082 Macomb. 230269 * 0.0091 Oakland. 230277 * 0.0091 Oakland. 230279 * 0.0487 Livingston. 232020 ...... 0.0099 Bay. 232023 ...... 0.0082 Macomb. 232025 ...... 0.0136 Berrien. 232028 ...... 0.0145 Calhoun. 232034 ...... 0.0685 Allegan. 232036 ...... 0.0389 Jackson. 233025 ...... 0.0145 Calhoun. 233028 ...... 0.0091 Oakland. 233031 ...... 0.0082 Macomb. 234011 ...... 0.0091 Oakland. 234021 ...... 0.0082 Macomb. 234023 ...... 0.0091 Oakland. 234024 ...... 0.0082 Macomb. 234037 ...... 0.0145 Calhoun. 240013 * 0.0226 Morrison. 240018 * 0.1196 Goodhue. 240021 ...... 0.0920 Le Sueur. 240044 ...... 0.0868 Winona. 240064 * 0.0138 Itasca. 240069 * 0.0419 Steele. 240071 * 0.0454 Rice. 240152 * 0.0735 Kanabec. 240154 ...... 0.0138 Itasca. 240187 * 0.0506 Mc Leod. 240211 * 0.0705 Pine. 250040 * 0.0294 Jackson. 250045 ...... 0.0042 Hancock. 254009 ...... 0.0294 Jackson. 260011 ...... 0.0007 Cole. 260025 * 0.0078 Marion. 260047 * 0.0007 Cole. 260074 * 0.0158 Randolph. 260097 ...... 0.0425 Johnson. 260127 ...... 0.0158 Pike. 280054 ...... 0.0137 Gage. 280077 * 0.0089 Dodge. 280123 ...... 0.0137 Gage. 290019 * 0.0026 Carson City. 290049 ...... 0.0026 Carson City. 293029 ...... 0.0026 Carson City. 300011 * 0.0069 Hillsborough. 300012 * 0.0069 Hillsborough. 300017 ...... 0.0361 Rockingham. 300020 * 0.0069 Hillsborough. 300023 ...... 0.0361 Rockingham. 300029 ...... 0.0361 Rockingham. 300034 * 0.0069 Hillsborough. 303026 ...... 0.0361 Rockingham. 304001 ...... 0.0361 Rockingham. 310002 * 0.0351 Essex. 310009 * 0.0351 Essex. 310010 ...... 0.0092 Mercer. 310011 ...... 0.0115 Cape May. 310013 * 0.0351 Essex. 310018 * 0.0351 Essex. 310021 * 0.0092 Mercer. 310038 * 0.0350 Middlesex. 310039 ...... 0.0350 Middlesex.
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ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
310044 ...... 0.0092 Mercer. 310054 * 0.0351 Essex. 310070 * 0.0350 Middlesex. 310076 * 0.0351 Essex. 310078 * 0.0351 Essex. 310083 * 0.0351 Essex. 310092 ...... 0.0092 Mercer. 310093 * 0.0351 Essex. 310096 * 0.0351 Essex. 310108 ...... 0.0350 Middlesex. 310110 ...... 0.0092 Mercer. 310119 * 0.0351 Essex. 310123 ...... 0.0351 Essex. 310124 ...... 0.0350 Middlesex. 312018 ...... 0.0350 Middlesex. 313025 ...... 0.0351 Essex. 313027 ...... 0.0092 Mercer. 314010 ...... 0.0351 Essex. 314011 ...... 0.0350 Middlesex. 314013 ...... 0.0092 Mercer. 314020 ...... 0.0351 Essex. 314025 ...... 0.0092 Mercer. 320003 ...... 0.0629 San Miguel. 320011 ...... 0.0442 Rio Arriba. 320018 ...... 0.0063 Dona Ana. 320085 ...... 0.0063 Dona Ana. 322001 ...... 0.0629 San Miguel. 323025 ...... 0.0629 San Miguel. 323032 ...... 0.0063 Dona Ana. 324007 ...... 0.0063 Dona Ana. 324009 ...... 0.0063 Dona Ana. 324010 ...... 0.0063 Dona Ana. 324011 ...... 0.0442 Rio Arriba. 324012 ...... 0.0063 Dona Ana. 330004 * 0.0959 Ulster. 330008 * 0.0470 Wyoming. 330027 * 0.0137 Nassau. 330094 * 0.0778 Columbia. 330106 * 0.0137 Nassau. 330126 * 0.0560 Orange. 330135 * 0.0560 Orange. 330167 ...... 0.0137 Nassau. 330181 * 0.0137 Nassau. 330182 * 0.0137 Nassau. 330191 * 0.0026 Warren. 330198 ...... 0.0137 Nassau. 330205 * 0.0560 Orange. 330209 * 0.0560 Orange. 330224 ...... 0.0959 Ulster. 330225 ...... 0.0137 Nassau. 330235 * 0.0270 Cayuga. 330259 ...... 0.0137 Nassau. 330264 * 0.0560 Orange. 330276 ...... 0.0063 Fulton. 330331 ...... 0.0137 Nassau. 330332 ...... 0.0137 Nassau. 330372 ...... 0.0137 Nassau. 330386 * 0.1139 Sullivan. 334017 ...... 0.0560 Orange. 334061 ...... 0.0560 Orange. 340015 ...... 0.0267 Rowan. 340020 ...... 0.0207 Lee. 340021 * 0.0216 Cleveland. 340037 ...... 0.0216 Cleveland. 340039 * 0.0144 Iredell. 340069 * 0.0053 Wake. 340070 ...... 0.0448 Alamance. 340073 * 0.0053 Wake. 340085 ...... 0.0377 Davidson. 340096 ...... 0.0377 Davidson. 340104 ...... 0.0216 Cleveland.
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ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
340114 * 0.0053 Wake. 340126 * 0.0161 Wilson. 340127 * 0.0961 Granville. 340129 * 0.0144 Iredell. 340133 ...... 0.0308 Martin. 340138 * 0.0053 Wake. 340144 * 0.0144 Iredell. 340145 * 0.0563 Lincoln. 340173 * 0.0053 Wake. 344001 ...... 0.0053 Wake. 344004 ...... 0.0961 Granville. 344011 ...... 0.0053 Wake. 344014 ...... 0.0053 Wake. 360013 * 0.0166 Shelby. 360025 * 0.0087 Erie. 360036 * 0.0263 Wayne. 360065 * 0.0141 Huron. 360070 ...... 0.0028 Stark. 360078 * 0.0159 Portage. 360084 ...... 0.0028 Stark. 360086 * 0.0168 Clark. 360095 * 0.0087 Hancock. 360100 ...... 0.0028 Stark. 360107 * 0.0213 Sandusky. 360131 ...... 0.0028 Stark. 360151 ...... 0.0028 Stark. 360156 ...... 0.0213 Sandusky. 360175 * 0.0159 Clinton. 360187 * 0.0168 Clark. 360197 * 0.0092 Logan. 360267 ...... 0.0028 Stark. 362007 ...... 0.0213 Sandusky. 362032 ...... 0.0028 Stark. 364031 ...... 0.0028 Stark. 364040 ...... 0.0168 Clark. 370004 * 0.0193 Ottawa. 370014 * 0.0831 Bryan. 370015 * 0.0463 Mayes. 370023 ...... 0.0084 Stephens. 370065 ...... 0.0121 Craig. 370113 * 0.0205 Delaware. 370149 ...... 0.0356 Pottawatomie. 370179 * 0.0314 Okfuskee. 374017 ...... 0.0193 Ottawa. 380002 ...... 0.0130 Josephine. 380008 * 0.0201 Linn. 380022 ...... 0.0201 Linn. 380029 ...... 0.0075 Marion. 380051 ...... 0.0075 Marion. 380056 ...... 0.0075 Marion. 384008 ...... 0.0075 Marion. 390011 ...... 0.0012 Cambria. 390044 ...... 0.0200 Berks. 390046 ...... 0.0098 York. 390056 ...... 0.0042 Huntingdon. 390065 * 0.0501 Adams. 390066 * 0.0259 Lebanon. 390096 ...... 0.0200 Berks. 390101 ...... 0.0098 York. 390110 * 0.0012 Cambria. 390130 ...... 0.0012 Cambria. 390138 * 0.0325 Franklin. 390146 ...... 0.0053 Warren. 390150 * 0.0206 Greene. 390151 * 0.0325 Franklin. 390162 ...... 0.0200 Northampton. 390201 ...... 0.1127 Monroe. 390233 ...... 0.0098 York. 392031 ...... 0.0102 Cambria. 392034 ...... 0.0200 Northampton. 393026 ...... 0.0200 Berks.
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ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
393037 ...... 0.0098 York. 394014 ...... 0.0200 Berks. 394016 ...... 0.0053 Warren. 394020 ...... 0.0259 Lebanon. 420007 ...... 0.0001 Spartanburg. 420020 * 0.0035 Georgetown. 420027 ...... 0.0210 Anderson. 420030 * 0.0103 Colleton. 420039 * 0.0153 Union. 420043 ...... 0.0177 Cherokee. 420068 * 0.0097 Orangeburg. 420070 * 0.0101 Sumter. 420083 ...... 0.0001 Spartanburg. 420093 ...... 0.0001 Spartanburg. 420098 ...... 0.0035 Georgetown. 423029 ...... 0.0210 Anderson. 424011 ...... 0.0210 Anderson. 440008 * 0.0663 Henderson. 440024 ...... 0.0387 Bradley. 440030 ...... 0.0056 Hamblen. 440035 * 0.0441 Montgomery. 440047 ...... 0.0499 Gibson. 440056 ...... 0.0321 Jefferson. 440060 * 0.0499 Gibson. 420063 ...... 0.0011 Washington. 440067 * 0.0056 Hamblen. 440073 * 0.0513 Maury. 440105 ...... 0.0011 Washington. 440114 ...... 0.0523 Lauderdale. 440115 ...... 0.0499 Gibson. 440148 * 0.0568 De Kalb. 440153 ...... 0.0007 Cocke. 440174 ...... 0.0372 Haywood. 440181 ...... 0.0407 Hardeman. 440184 ...... 0.0011 Washington. 440185 * 0.0387 Bradley. 444006 ...... 0.0011 Washington. 444008 ...... 0.0407 Hardeman. 450032 * 0.0416 Harrison. 450039 * 0.0097 Tarrant. 450050 ...... 0.0750 Ward. 450059 * 0.0073 Comal. 450064 * 0.0097 Tarrant. 450087 * 0.0097 Tarrant. 450099 * 0.0180 Gray. 450121 * 0.0097 Tarrant. 450135 * 0.0097 Tarrant. 450137 * 0.0097 Tarrant. 450144 * 0.0573 Andrews. 450163 ...... 0.0134 Kleberg. 450187 * 0.0264 Washington. 450194 * 0.0328 Cherokee. 450214 * 0.0368 Wharton. 450224 * 0.0411 Wood. 450347 * 0.0427 Walker. 450362 ...... 0.0486 Burnet. 450370 ...... 0.0258 Colorado. 450389 * 0.0881 Henderson. 450395 ...... 0.0484 Polk. 450419 * 0.0097 Tarrant. 450438 * 0.0258 Colorado. 450447 * 0.0358 Navarro. 450451 * 0.0551 Somervell. 450465 ...... 0.0435 Matagorda. 450547 * 0.0411 WOOD. 450563 * 0.0097 Tarrant. 450565 ...... 0.0486 Palo Pinto. 450596 ...... 0.0808 Hood. 450597 ...... 0.0077 De Witt. 450623 * 0.0492 Fannin. 450626 ...... 0.0294 Jackson.
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ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
450639 * 0.0097 Tarrant. 450672 * 0.0097 Tarrant. 450675 * 0.0097 Tarrant. 450677 * 0.0097 Tarrant. 450694 * 0.0368 Wharton. 450747 * 0.0195 Anderson. 450755 * 0.0484 Hockley. 450763 ...... 0.0236 Hutchinson. 450779 * 0.0097 Tarrant. 450813 ...... 0.0195 Anderson. 450858 * 0.0097 Tarrant. 450872 * 0.0097 Tarrant. 450880 * 0.0097 Tarrant. 452018 ...... 0.0097 Tarrant. 452019 ...... 0.0097 Tarrant. 452028 ...... 0.0097 Tarrant. 452088 ...... 0.0097 Tarrant. 453040 ...... 0.0097 Tarrant. 453041 ...... 0.0097 Tarrant. 453042 ...... 0.0097 Tarrant. 453089 ...... 0.0195 Anderson. 453300 ...... 0.0097 Tarrant. 453303 ...... 0.0097 Tarrant. 454009 ...... 0.0328 Cherokee. 454012 ...... 0.0097 Tarrant. 454019 ...... 0.0097 Tarrant. 454051 ...... 0.0097 Tarrant. 454052 ...... 0.0097 Tarrant. 454061 ...... 0.0097 Tarrant. 454086 ...... 0.0097 Tarrant. 460017 ...... 0.0392 Box Elder. 460036 * 0.0700 Wasatch. 460039 * 0.0392 Box Elder. 470018 ...... 0.0287 Windsor 490019 ...... 0.1240 Culpeper. 490038 ...... 0.0022 Smyth. 490047 * 0.0198 Page. 490084 ...... 0.0167 Essex. 490105 * 0.0022 Smyth. 490110 ...... 0.0082 Montgomery. 494029 ...... 0.0022 Smyth. 500003 * 0.0208 Skagit. 500007 ...... 0.0208 Skagit. 500019 ...... 0.0213 Lewis. 500021 ...... 0.0055 Pierce. 500024 ...... 0.0023 Thurston. 500039 * 0.0174 Kitsap. 500041 * 0.0118 Cowlitz. 500079 ...... 0.0055 Pierce. 500108 ...... 0.0055 Pierce. 500122 * 0.0459 Island. 500129 ...... 0.0055 Pierce. 500139 ...... 0.0023 Thurston. 500143 ...... 0.0023 Thurston. 503301 ...... 0.0055 Pierece. 504003 ...... 0.0055 Pierce. 504010 ...... 0.0055 Pierce. 510018 * 0.0209 Jackson. 510028 * 0.0141 Fayette. 510039 ...... 0.0112 Ohio. 510047 * 0.0275 Marion. 510050 ...... 0.0112 Ohio. 510077 * 0.0021 Mingo. 513025 ...... 0.0112 Ohio. 520028 * 0.0157 Green. 520035 ...... 0.0077 Sheboygan. 520044 ...... 0.0077 SHeboygan. 520057 ...... 0.0118 Sauk. 520059 * 0.0200 Racine. 520071 * 0.0239 Jefferson. 520095 * 0.0118 Sauk.
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ADDENDUM L.—OUT-MIGRATION WAGE ADJUSTMENT CY 2006 1—Continued
Redesignation Out-migration Provider no. indicator adjustment Qualifying county name
520096 * 0.0200 Racine. 520102 * 0.0298 Walworth. 520116 * 0.0239 Jefferson. 520132 ...... 0.0077 Sheboygan. 522005 ...... 0.0200 Racine. 523026 ...... 0.0200 Racine. 524020 ...... 0.0118 Sauk. 524021 ...... 0.0298 Walworth. * Hospitals that have been reclassified under section 1886(d)(10) of the Act, reclassified under section 508 Pub. L. 108–173, or redesignated under section 1886(d)(8) of the Act.
(Catalog of Federal Domestic Assistance I. Background already designated as an essential Program No. 93.773, Medicare—Hospital In FR Doc. 05–1322 of January 28, hospital. Insurance; and Program No. 93.774, In § 422.216, we are revising 2005 (70 FR 4588), there were several Medicare—Supplementary Medical paragraphs (b)(1)(i) and (b)(1)(iii) to errors that we identified and corrected Insurance Program) conform to the changes we made in Dated: December 20, 2005. in a correcting amendment published § 422.114(c) as a result of the changes to September 1, 2005 (FR Doc. 05–17285, Ann C. Agnew, section 1852(j) of the Social Security 70 FR 52023). Based on further review Executive Secretary to the Department. Act (the Act), which explicitly allows of the January 28, 2005, final rule, we [FR Doc. 05–24447 Filed 12–22–05; 8:45 am] PFFS plans to charge differential cost are making additional typographical and BILLING CODE 4120–01–P sharing in certain instances. conforming changes. We identify these Also, in § 422.216, which concerns changes in the ‘‘Summary of Errors’’ provider credentialing requirements, in DEPARTMENT OF HEALTH AND section and correct these errors in the paragraph (i) we are correcting HUMAN SERVICES ‘‘Correction of Errors’’ section below. typographical errors that resulted in the The provisions in this correcting reference to two non-existent Centers for Medicare & Medicaid amendment are effective as if they were regulations text sections. Services included in the final rule published on In § 422.256, we are revising January 28, 2005. Accordingly, with the paragraph (b)(3) to remove a confusing 42 CFR Part 422 exception of the revisions to and inadvertent reference to Medicare § 422.316(a), which are stayed until Savings Account (MSA) plans. [CMS–4069–F4] January 1, 2006, and § 422.503(b)(4)(ii), In § 422.316, we are revising which are effective December 23, 2005, paragraph (a) to more clearly indicate the corrections are effective retroactive RIN 0938–AN06 that, consistent with section to March 22, 2005, the effective date of 1833(a)(3)(B) of the Act, the Medicare Program; Establishment of most of the provisions of the January 28, supplemental payment CMS will make the Medicare Advantage Program 2005 final rule. directly to the Federally Qualified II. Summary of Errors Health Center (FQHC) is net of what the AGENCY: Centers for Medicare & FQHC may charge as cost sharing under Medicaid Services (CMS), HHS. The errors we are correcting in this its contract with the Medicare ACTION: Final rule; correcting correcting amendment pertain to the Advantage (MA) organization, not the amendment. regulations text only. The changes cost sharing amounts that the FQHC follow the sequence of the CFR sections actually collects. SUMMARY: This document corrects affected. In § 422.503, we are revising technical errors that appeared in the In § 422.2 of the final rule, in the paragraph (b)(4)(ii) to revert to a final rule published in the Federal definition of ‘‘Provider network,’’ we paragraph concerning the administrative Register on January 28, 2005 entitled inadvertently did not include a and management arrangements ‘‘Establishment of the Medicare reference to a ‘‘network Private Fee-for- necessary to qualify as an MA Advantage Program.’’ Service (PFFS) plan,’’ a new option organization that was inadvertently DATES: Except amendments to made possible by the Medicare replaced in the final rule. We are §§ 422.316 and 422.503, this final rule is Prescription Drug, Improvement, and making one technical change to the effective March 22, 2005. Section Modernization Act of 2003 (MMA). provision, to refer to ‘‘quality 422.316(a), which was stayed from In § 422.101, in paragraph (b)(4), we improvement’’ instead of ‘‘quality September 1, 2005, until January 1, inadvertently referenced paragraph assurance,’’ to conform to the change in 2006, by FR Doc. 05–17280 published (b)(3) when specifying an exception to terminology implemented as part of the on September 1, 2005 (70 FR 52023), is the requirements concerning the review MMA. of uniform local coverage policies, effective January 1, 2006. Section III. Waiver of Proposed Rulemaking 422.503(b)(4)(ii) is effective December instead of (b)(3)(ii), the paragraph upon 23, 2005. which the exception is based. We ordinarily publish a notice of In § 422.112, we are revising proposed rulemaking in the Federal FOR FURTHER INFORMATION CONTACT: paragraph (c)(5), which specifies the Register to provide a period for public Christopher McClintick, (410) 786– requirements for designation as an comment before the provisions of a rule 4682. essential hospital, to clarify that the take effect in accordance with section SUPPLEMENTARY INFORMATION: requirement applies to hospitals that are 553(b) of the Administrative Procedure
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Act (APA) (5 U.S.C. 553(b)). However, believe that failure to correct this error § 422.2 Definitions. we can waive this notice and comment would result in confusion for MA * * * * * procedure if the Secretary finds, for organizations, which is contrary to the Provider network means the providers good cause, that the notice and public interest. We also find that the 30- with which an MA organization comment process is impracticable, day delay ordinarily called for under the contracts or makes arrangements to unnecessary, or contrary to the public APA and section 1871(e)(1)(B) of the furnish covered health care services to interest, and incorporates a statement of Act is contrary to the public interest Medicare enrollees under an MA the finding and the reasons therefore in because the incorrect language that coordinated care plan or network PFFS the notice. inadvertently replaced the affected plan. Section 553(d) of the Administrative section on administrative and * * * * * Procedure Act ordinarily requires a 30- management qualifications could, if left day delay in effective date of final rules in place, result in confusion when the § 422.101 [Corrected] after the date of their publication in the majority of changes to the MA program I 3. Amend § 422.101 paragraph (b)(4), Federal Register. This 30-day delay in implemented as a result of the MMA by removing the reference ‘‘(b)(3)’’ and effective date can be waived, however, begin on January 1, 2006. adding in its place the reference if an agency finds for good cause that Section 1871(e)(1)(A) of the Act, as ‘‘(b)(3)(ii).’’ the delay is impracticable, unnecessary, amended by section 903(a) of Pub. L. I or contrary to the public interest, and 4. Amend § 422.112, by revising 108–173, provides that a substantive paragraph (c)(5) to read as follows: the agency incorporates a statement of change in regulations shall not be the findings and its reasons in the rule applied retroactively to items and § 422.112 Access to services. issued. In addition, section 1871(e)(1)(B) services furnished before the effective * * * * * of the Act provides that substantive date of the change, unless the Secretary (c) * * * changes may take effect before the end finds that such retroactive application is (5) The hospital that is an essential of the 30-day period that begins on the necessary to comply with statutory hospital under this paragraph provides date that the Secretary has issued the requirements or failure to apply the convincing evidence to CMS that the substantive change only if the waiver of change retroactively would be contrary amounts normally payable under the 30-day period is necessary to to the public interest. section 1886 of the Act (and which the comply with statutory requirements or The provisions of this correcting MA regional plan has agreed to pay) the application of the 30-day delay is amendment that apply retroactively will be less than the hospital’s actual contrary to the public interest. make no substantive changes, but Most of the revisions contained in this costs of providing care to the MA merely correct minor technical errors. rule concern conforming changes, regional plan’s enrollee. correcting cross references, and Failure to make these changes * * * * * typographical errors, and therefore, are retroactive to March 22, 2005, is I 5. Amend § 422.216 by— not substantive. Because they are not contrary to the public interest because I A. Revising paragraph (b)(1)(i). substantive, we find that public of the confusion that could result from I B. Revising paragraph (b)(1)(iii). comment on these revisions is not the technical errors identified above. It I C. Revising paragraph (i). necessary. The revisions do not is in the public interest to make the The revisions read as follows: represent changes to our policy, and the corrections retroactive in that it will help prevent confusion among plans § 422.216 Special rules for MA private fee- public interest would, as a result, be for-service plans. best served by timely correction of these that must now follow these technical errors. A delay in the requirements beginning January 1, 2006. * * * * * (b) * * * applicability of the non-substantive IV. Correction of Errors changes would be contrary to public (1) * * * interest in that such corrections are Make the following corrections to the (i) Contract providers and ‘‘deemed’’ necessary for, especially, plans regulation text in the January 28, 2005 contract providers may charge enrollees transitioning to the new Medicare final rule (70 FR 4588): no more than the cost-sharing and, subject to the limit in paragraph Advantage program. List of Subjects in 42 CFR Part 422 One correction that could be viewed (b)(1)(ii) of this section, balance billing as substantive is the change to Administrative practice and amounts that are permitted under the § 422.503(b)(4)(ii). With respect to this procedure, Health facilities, Health plan, and these amounts must be the provision, we are revising this maintenance organizations (HMO), same for ‘‘deemed’’ contract providers paragraph to include language that we Medicare, Penalties, Privacy, Reporting as for those that have signed contracts had inadvertently deleted pertaining to and recordkeeping requirements in effect, unless access requirements the administrative and management I Accordingly, 42 CFR chapter IV is with respect to a particular category of qualifications of an MA organization. In corrected by making the following health care providers are met solely the case of this substantive correction, correcting amendments to part 422: through § 422.114(a)(2)(ii) and the MA we find that public comment is organization imposes higher beneficiary unnecessary because the correction PART 422—MEDICARE ADVANTAGE copayments as permitted under removes an unintended change that was PROGRAM § 422.114(c). never proposed, not commented on by I 1. The authority citation for part 422 * * * * * the public, and not discussed in the (iii) The MA organization must continues to read as follows: preamble to the final rule, and reverts to specify the amount of cost-sharing and the language that was in place prior to Authority: Secs. 1102 and 1871 of the balance billing in its contracts with the effective date of the final rule Social Security Act (42 U.S.C. 1302 and providers and these amounts must be (except for a technical change of 1395hh) the same for ‘‘deemed’’ contract ‘‘quality assurance’’ to ‘‘quality I 2. Amend § 422.2, by revising the providers as for those that have signed improvement’’ to reflect a terminology definition of ‘‘Provider network’’ to read contracts in effect, unless access change implemented in the MMA). We as follows: requirements with respect to a
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particular category of health care Dated: December 20, 2005. Also, in that same paragraph the word providers are met solely through Ann C. Agnew, ‘‘is’’ should be added to the phrase ‘‘and § 422.114(a)(2)(ii) and the MA Executive Secretary to the Department. designed’’ to improve clarity. organization imposes higher beneficiary [FR Doc. 05–24446 Filed 12–22–05; 8:45 am] On page 67574, in the fourth full copayments as permitted under BILLING CODE 4120–01–P paragraph of the second column, the § 422.114(c). singular word ‘‘criterion’’ should have * * * * * been in the plural form. Therefore, (i) Provider credential requirements. DEPARTMENT OF HEALTH AND ‘‘criterion,’’, needs to be replaced with Contracts with providers must provide HUMAN SERVICES ‘‘criteria’’. that, in order to be paid to provide On page 67581, in the first full services to plan enrollees, providers Centers for Medicare & Medicaid paragraph of the second column, the must meet the requirements specified in Services word ‘‘may’’ was inadvertently omitted. §§ 422.204(b)(1)(i) and (b)(3). On page 67592, in the first response 42 CFR Part 423 of the second column, we inadvertently I 6. Amend § 422.256, by revising left language related to an initial plan to [CMS–0011–CN] paragraph (b)(3) introductory text to include computer-generated read as follows: RIN 0938–AN49 prescription facsimiles in the definition of electronic media after a phase-in § 422.256 Review, negotiation and Medicare Program; E-Prescribing and approval of bid. period. We explicitly exempted the Prescription Drug Program; * * * * * computer-generated facsimiles from the Correction requirements to use the NCPDP SCRIPT (b) * * * standard in the final regulatory text. (2) * * * AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. Therefore, the preamble discussion of a (3) Limitation on enrollee cost phase-in should be deleted. sharing. For coordinated care plans ACTION: Final rule; Correction. (including regional MA plans and III. Correction of Errors SUMMARY: This document corrects specialized MA plans) and private fee- FR Doc. 05–22026, entitled ‘‘Medicare for-service plans: technical errors that appeared in the final rule published in the Federal Program E-Prescribing and the * * * * * Register on November 7, 2005, entitled Prescription Drug Program,’’ which was I 7. Amend § 422.316 by revising ‘‘Medicare Program; E-Prescribing and published November 7, 2005 (70 FR paragraph (a) to read as follows: the Prescription Drug Program.’’ 67568), is corrected as follows: 1. On page 67571, EFFECTIVE DATE: § 422.316 Special rules for payouts to November 7, 2005. a. In the first column, fourth full Federally qualified health centers. FOR FURTHER INFORMATION CONTACT: paragraph, lines 9 and 10, the CMS Web * * * * * Gladys Wheeler, (410) 786–0273. site address ‘‘(http://www.cms.hhs.gov/ (a) CMS will pay the amount SUPPLEMENTARY INFORMATION: hippa/hippa2)’’ is corrected to read determined under section 1833(a)(3)(B) I. Background ‘‘(http://www.cms.hhs.gov).’’ of the Act directly to the FQHC at a b. In the second column, last minimum on a quarterly basis, less the FR Doc. 05–22026, entitled ‘‘Medicare paragraph, first sentence,— amount the FQHC would receive for the Program E-Prescribing and the (1) Line 2, the word ‘‘direction’’ is MA enrollee from the MA organization Prescription Drug Program,’’ which was corrected to read ‘‘discretion’’; (which includes the cost sharing published November 7, 2005 (70 FR (2) Line 6, the phrase ‘‘and designed’’ amount the FQHC may charge an 67568), adopted several final standards is corrected to read ‘‘and is designed.’’ enrollee, as established in the contract for an electronic prescription drug 2. On page 67574, in the second between the FQHC and the MA program under Title I of the Medicare column, in the fourth full paragraph, organization); and Prescription Drug, Improvement, and line 6, the word ‘‘criterion’’ is corrected Modernization Act of 2003 (MMA). We * * * * * to read ‘‘criteria.’’ have identified several technical errors 3. On page 67581, in the second I 8. Amend § 422.503 by revising in that final rule. We are correcting column, in the first full paragraph, line paragraph (b)(4)(ii) to read as follows: those errors in the Correction of Errors 3, the phrase ‘‘PDPs continue’’ is § 422.503 General provisions. section below. Because these technical corrected to read ‘‘PDPs may continue.’’ corrections are not substantive in 4. On page 67592, in the second * * * * * nature, the effective date of the column, the second full paragraph, lines (b) * * * November 7, 2005, final rule is 11 through 23, the sentences beginning (4) * * * unaffected by this notice. with the phrase ‘‘We also believe that (ii) Personnel and systems sufficient our’’ and ending with the phrase ‘‘costs II. Summary of Errors for the MA organization to organize, associated with e-prescribing adoption’’ implement, control, and evaluate On page 67571, in the second are deleted. financial and marketing activities, the ‘‘Response’’ of the first column, we are furnishing of services, the quality revising the reference to the http:// IV. Waiver of Proposed Rulemaking improvement program, and the www.cms.hhs.gov/hipaa/hipaa2 Web We ordinarily publish a notice of administrative and management aspects site because, in the near future, the proposed rulemaking in the Federal of the organization. Frequently Asked Questions (FAQs) Register to provide a period for public * * * * * will be available through a link on the comment before the provisions of a (Catalog of Federal Domestic Assistance general CMS Web site. notice take effect. We can waive this Program No. 93.773, Medicare—Hospital On page 67571, in the last paragraph procedure, however, if we find good Insurance; and Program No. 93.774, of the second column, the word cause that notice and comment Medicare—Supplementary Medical ‘‘direction’’ should be replaced with the procedure is impracticable, Insurance Program) more appropriate word ‘‘discretion.’’ unnecessary, or contrary to the public
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interest and incorporate a statement of services must be furnished by, or under (Pub. L. 105–33), enacted on August 5, the finding and the reasons for it into arrangement with, a home health agency 1997, requires us to establish a Home the notice issued. (HHA) that participates in the Medicare Health Prospective Payment System We find it unnecessary to undertake program, and must be provided on a (HHPPS) for services on or after October notice and comment rulemaking visiting basis in the beneficiary’s home. 1, 1999. Section 5101 of the Omnibus because this notice merely provides Section 1861(o) of the Act specifies Consolidated and Emergency technical corrections to the regulations. certain requirements that an HHA must Supplemental Appropriations Act for Therefore, we find good cause to waive meet to participate in the Medicare 1999 (OCESAA) (Pub. L. 105–277), notice and comment procedures. program. In particular, section enacted on October 21, 1998, delayed 1861(o)(6) of the Act provides that an (Catalog of Federal Domestic Assistance the implementation date of the HHPPS Program No. 93.773, Medicare—Hospital HHA must meet the Conditions of until October 1, 2000. Insurance; and Program No. 93.774, Participation (CoPs) specified in section In order to implement the prospective Medicare—Supplementary Medical 1891(a) of the Act, and any other CoPs payment system, it was necessary that Insurance Program) that we find necessary in the interest of we have data from HHAs to develop a Dated: December 20, 2005. the health and safety of HHA patients. reliable case-mix adjustor system. Section 1861(o)(8) of the Act provides Section 4602 of the BBA provided that, Ann C. Agnew, that an HHA must meet additional for cost reporting periods beginning on Executive Secretary to the Department. requirements that the Secretary finds or after October 1, 1997, we may require [FR Doc. 05–24445 Filed 12–22–05; 8:45 am] necessary for the effective and efficient HHAs to submit additional information BILLING CODE 4120–01–P operation of the home health program. that we consider necessary for the Section 1891 of the Act sets forth development of a reliable case-mix many of the conditions that HHAs must system. The Outcome and Assessment DEPARTMENT OF HEALTH AND meet to participate in the Medicare Information Set (OASIS), the assessment HUMAN SERVICES program. Specifically, section 1891(a) of instrument developed to measure the Act establishes requirements for patient health care outcomes in HHAs, Centers for Medicare and Medicaid HHAs with respect to patient rights, is also a vehicle through which Services home health aide training and information is collected and used for the competency, and compliance with case-mix system. 42 CFR Part 484 applicable Federal, State, and local Thus, to facilitate the implementation [CMS–3006–F] laws. Under section 1891 of the Act, we of the prospective payment system and are responsible for assuring that the to gather data to be used to evaluate and RIN 0938–AJ10 CoPs, and their enforcement, are develop plans to improve outcomes of Medicare and Medicaid Programs: adequate to protect the health and safety care in HHAs, we published two Reporting Outcome and Assessment of all individuals under the care of an regulations in the Federal Register on Information Set Data as Part of the HHA and to promote the effective and January 25, 1999. The final rule, Conditions of Participation for Home efficient use of Medicare funds. Comprehensive Assessment and Use of Health Agencies Under the authority of sections the OASIS as Part of the Conditions of 1861(o), 1871, and 1891 of the Act, we Participation for Home Health Agencies AGENCY: Centers for Medicare and have established in regulations the (64 FR 3764), requires that HHAs Medicaid Services (CMS), HHS. requirements that an HHA must meet to complete a comprehensive assessment ACTION: Final rule. participate in Medicare. These for each patient, and that they requirements are set forth at 42 CFR part incorporate the OASIS into their current SUMMARY: This final rule makes 484, Home Health Services. The CoPs patient assessment process. In addition, revisions in response to public apply to an HHA as an entity and the we published an interim final rule with comments received on the January 25, services furnished to all individuals comment period to require HHAs to 1999 interim final rule with comment under the care of the HHA, unless a electronically report data from the period (64 FR 3748). The interim final condition is specifically limited to OASIS to the State survey agency, or rule requires electronic reporting of data Medicare beneficiaries. Existing other entity designated by us (64 FR from the Outcome and Assessment regulations in § 440.70(d) specify that 3748). Information Set as a Condition of HHAs participating in the Medicaid The June 18, 1999, notice (64 FR Participation for home health agencies. program must also meet the Medicare 32984) in the Federal Register entitled DATES: Effective Dates: This final rule is CoPs. ‘‘Mandatory Use, Collection, Encoding, effective on June 21, 2006. In accordance with sections 1864 and and Transmission of Outcome and FOR FURTHER INFORMATION CONTACT: 1891(c) of the Act, State agencies Assessment Information Set (OASIS) for Rebecca Donnay (410) 786–1428, generally conduct surveys of HHAs to Home Health Agencies (HHAs)’’, Patricia Sevast (410) 786–8135, Steve determine whether they are complying announced the effective dates for the Miller (410) 786–6656. with the CoPs. Section 1864 of the Act mandatory use, collection, encoding, authorizes the use of State agencies to and transmission of OASIS data for all SUPPLEMENTARY INFORMATION: determine providers’ compliance with Medicare/Medicaid patients receiving I. Background the CoPs. Responsibilities of States in skilled services. This notice also described the development of a new A. General Legislative Background ensuring compliance with the CoPs are set forth at 42 CFR part 488, Survey, OASIS System of Records (SOR). We Home health services are furnished to Certification, and Enforcement indicated that for patients receiving Medicare beneficiaries under the Procedures. only personal care services, regardless Hospital Insurance (Part A) and of payer source, requirements for OASIS Supplemental Medical Insurance (Part B. Legislation and Related Regulations and the transmission of those data B) benefits of the Medicare program, Section 1861(o) of the Act, as would be delayed until further notice. and are described in section 1861(m) of amended by section 4603 of the In addition, the notice announced that the Social Security Act (the Act). These Balanced Budget Act of 1997 (BBA) for non-Medicare/non-Medicaid
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patients receiving skilled services, there trained their own staff in implementing II. Provisions of the Interim Final Rule would be no encoding and transmission OASIS. HHAs are assessing Medicare With Comment Period and Discussion of OASIS data until further notice. and Medicaid patients receiving skilled of Public Comments Until recently, HHAs were required care, and are encoding and transmitting In the January 25, 1999, interim final by § 484.55 to perform a comprehensive these assessments to the State agency. In rule with comment period (64 FR 3749), assessment on non-Medicare/non- most cases, HHAs are using the OASIS we generally mandated that all HHAs Medicaid patients receiving skilled State system feedback reports to participating in Medicare and Medicaid services using OASIS even though they improve data collection and submission. (including managed care organizations were not required to encode and Most clinicians and other agency staff providing home health services to transmit OASIS data collected on these have developed skills for tasks Medicare and Medicaid beneficiaries) patients. Section 704 of the Medicare associated with OASIS data collection, report their OASIS data to the database Prescription Drug, Improvement, and data entry, and transmission. By using Modernization Act of 2003 (MMA), we established within each State via the many resources we have made electronic transmission. The interim enacted on December 8, 2003 (Pub. L. available to providers (for example, 108–173), however, temporarily final rule required State agencies and State-sponsored training, Home the CMS OASIS contractors to maintain suspended the collection of OASIS data Assessment Validation Entry (HAVEN), on an HHA’s non-Medicare/non- OASIS databases according to our telephone and e-mail help lines, specifications. To ensure confidentiality Medicaid patients required by § 484.55 comprehensive User’s Manuals, and the until we reported to the Congress how of individual patient-identifiable data CMS OASIS Web page) agencies have, collected for OASIS databases, we set OASIS information on non-Medicare/ for the most part, successfully non-Medicaid patients was and could be forth requirements for State agencies, implemented OASIS. used by large HHAs, including the value CMS OASIS contractors, and HHAs of collecting OASIS information by An analysis of OASIS data in the CMS regarding the release of this information. small HHAs compared to the national repository shows that nearly all We received approximately 200 public administrative burden. We are also of the HHAs expected to submit OASIS comments on the interim final rule (64 required by the MMA to publish final data have done so. Over 56.4 million FR 3748), which we address below. regulations regarding the collection and assessments have been submitted by A. Section 484.11, Condition of use of OASIS information. On December HHAs from every State since August Participation: Release of Patient- 11, 2003, we issued a survey and 1999. Currently, the State survey and Identifiable OASIS Information certification memorandum (S&C–04–12) certification agencies are contacting instructing State survey agencies (SAs) HHAs that have not submitted OASIS At § 484.11, Condition of that: (1) Effective December 8, 2003, and data and are initiating standard Participation: Release of Patient- until further notice, SAs must not cite monitoring and enforcement Identifiable OASIS Information, we any deficiency for an HHA’s failure to procedures. require that the HHA, or an agent acting on behalf of the HHA, ensure the include the OASIS data set as part of the Over the next several years, home patient-specific, comprehensive confidentiality of all patient-identifiable health agencies are encouraged to take information contained in the clinical assessment for non-Medicare/non- steps toward the adoption of electronic Medicaid patients otherwise required by record and may not release patient- medical records (EMRs) that will allow identifiable OASIS information to the § 484.55; and (2) any pending survey for reporting of clinical quality data findings related to an HHA’s omission public. We also specify that an agent from the electronic record directly to a to collect OASIS data on non-Medicare/ acting on behalf of the HHA, in CMS data repository. CMS intends to non-Medicaid patients will be accordance with a written contract begin working toward creating measures suspended. between the HHA and the agent, may After the January 25, 1999, and June specifications and a system or not use or disclose the information. The 18, 1999, Federal Register publications, mechanism, or both, that will accept the agent may use or disclose data only to we expected that HHAs would data directly. The Department is the extent that the HHA itself is incorporate the OASIS data set into presently working cooperatively with permitted to do so. their own agency assessment process, other Federal agencies in the Comment: Many commenters were and that all patients receiving skilled development of Federal health concerned about the confidential nature services from Medicare-approved HHAs architecture data standards. CMS of OASIS data that are transmitted and would be assessed at certain times, encourages home health agencies that questioned how we will ensure the incorporating the specified OASIS data are developing systems to conform them protection of collected and reported items. HHAs would encode and to both industry standards and any patient-identifiable information. transmit OASIS data to the State agency, Federal health architecture data Response: Confidentiality of medical and HHAs would use the validation standards, and to ensure that they information is not a new requirement. feedback reports, data management would capture the data necessary for Health information, by its very nature is system reports, the Outcome-based quality health measures. Ideally, such sensitive and private. Because the Quality Monitoring (OBQM) reports, systems will also provide point-of-care privacy of patient-identifiable and the Outcome-based Quality decision support that enables high information is one of our major Improvement (OBQI) reports generated levels of performance on the measures. priorities we have taken exhaustive by the State for agency improvement. Home health agencies using EMRs to steps to ensure the privacy of this Since the effective date of the OASIS produce data on quality measures will information by making the provision a requirements, HHAs nationwide have be held to the same performance condition of participation to emphasize been actively working to meet these expectations as home health agencies its seriousness. We endeavor to ensure goals. State OASIS Educational not using EMRs. We are exploring that access to an agency’s OASIS data Coordinators (OECs) report that most requirements for the submission of (hard copy or electronic data) is HHAs have successfully incorporated electronically produced data and other adequately controlled by the HHA. the OASIS data set into their own options to encourage the submission of Under this requirement, the HHA must agency assessment process and have such data. ensure the confidentiality of all patient-
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identifiable OASIS information Rules, and OMB Circular A–130 similar precautions. The transmission of contained in the clinical records, and (revised), Appendix III, ‘‘Security of all identifiable health information will may not release it for any reason other Federal Automated Information be secure at all times if it is transmitted than for its intended purpose in Resources.’’ We have prepared a according to the requirements outlined conducting the business of the agency. comprehensive system security plan as in this final rule, which strictly controls As with any other medical information required by the OMB Circular. This plan access to prevent any unauthorized use. maintained by the agency, HHAs must conforms fully to guidance issued by the In addition, health information have policies and procedures governing National Institute for Standards and (including OASIS) is encoded and the confidentiality of OASIS data. In Technology (NIST) in NIST Special transmitted from providers to State addition, we note that HHAs that are Publication 800–18, ‘‘Guide for agencies over closed loop telephone covered entities must comply with the Developing Security Plans for lines. In July 2000, in response to requirements of the Privacy and Information Technology Systems.’’ industry concerns, we made available Security Rules issued under the Health Some of the specific methods that we the Medicare data communication Insurance Portability and are using to ensure the security of the network (MDCN) communications link Accountability Act of 1996 (HIPPA). HHA OASIS system and the information from each HHA to its respective State Ensuring confidentiality of OASIS within it are described below. health agency to allow the HHAs to data includes mechanisms such as We have safeguards for authorized submit OASIS data and retrieve reports. having policies and procedures for users and monitors these users to ensure The MDCN, both hardware and assigning and maintaining passwords— against excessive or unauthorized use. software, allows direct dial-up access to that must be kept secure—for access to Personnel having access to the system the State agency by each registered HAVEN and for transmitting OASIS have been trained in the Privacy Act MDCN user in each HHA. This data to the State agency. This CoP also and systems security requirements. supersedes use of the current dial-up allows HHAs to choose to encode and Employees who maintain records in the connection process, which previously transmit OASIS data to the State agency system are instructed not to release any was the only way HHAs could submit itself, or to contract with an outside data until the intended recipient agrees OASIS data and retrieve reports. This entity (agent or vendor) to fulfill these to implement appropriate new system allows each HHA to control requirements. Experience indicates that administrative, technical, procedural, all aspects of encoding, submitting, and there are a number of secure methods and physical safeguards sufficient to receiving reports according to its policy that can be used to send OASIS data to protect the confidentiality of the data and promotes a higher level of personal vendors. Some examples of secure and to prevent unauthorized access to security with individual user IDs. There methods are to use a courier service, the the data. will be no additional cost to the HHA United States Postal Service, or fax. In addition, we have physical for the use of this dial-up service. However, use of fax transmissions must safeguards in place to reduce the Multiple users in an agency will be able comply with section 2202.16 of the exposure of computer records and, thus, to access the State agency with State Operations Manual, which achieve an optimum level of protection individual MDCN user IDs. In order to provides guidelines for fax transmission and security for the HHA OASIS system. verify that the person trying to access of OASIS data. For computerized records, we have the information is authorized, several Agents or vendors acting on behalf of established safeguards in accordance safeguards are in place. For example, in the HHA, such as a data entry and with HHS standards and NIST the OASIS State system, a person must submission vendor, are bound by the guidelines; for example, security codes enter a user ID and password at three same confidentiality rules as the HHA. will be used, permitting access to different checkpoints before access is OASIS data must be used only as a authorized personnel exclusively. permitted. There is no ‘‘back door’’ into matter of agency business. As such, a System security procedures are the system that would allow written contract must be in place that, established in accordance with HHS, unauthorized or illegal access. among other things, defines the nature Information Resource Management Comment: A few commenters of agency business with regard to OASIS Circular #10, HHS Information Systems suggested that we eliminate OASIS data. Violations that compromise data Security Program Policy of December questions that solicit sensitive financial confidentiality by an entity that is 15, 2004; CMS Information Systems information on patients, and remove the contracted with the HHA are the Security Policy, Standards and requirement for information to be responsibility of the HHA, and will Guidelines; and OMB Circular No. A– reported to CMS. constitute a condition-level finding of 130 (revised) Appendix III. Response: We believe commenters non-compliance. Comment: One commenter was were referring to OASIS item M0160, Once the HHA data reach the State particularly concerned about patients’ ‘‘Financial Factors.’’ We have never agency, there are additional safeguards social security numbers. The commenter required the collection or transmission in place to protect the confidentiality of stated that social security numbers of OASIS item M0160. In addition, we the OASIS data. The HHA OASIS should not be used as an identifier for established a Regulations Reform system is designed to conform to medical records stored by the Advisory Committee to further reduce applicable law and policy governing the government. Other commenters were regulatory burden. As a result of earlier privacy and security of Federal concerned about reporting information recommendations from that committee, automated information systems. These collected from the OASIS that pertains we have eliminated this item from the include, but are not limited to: The to a patient’s psychological profile and OASIS instrument. In addition to the Privacy Act of 1974, Computer Security lifestyle. OASIS item related to financial factors, Act of 1987, the Paperwork Reduction Response: We have endeavored to put we have also eliminated the following Act of 1995, the Health Insurance many physical, technical, and items from the OASIS instrument: Portability and Accountability Act of procedural safeguards in place to M0310, ‘‘Structural Barriers’; M0320, 1996 (HIPAA), the Clinger-Cohen Act of protect health information. Only those ‘‘Safety Hazards’; M0330, ‘‘Sanitation 1996, the Federal Information Security individuals with a legitimate need for Hazards’; and M0600, ‘‘Patient Management Act of 2002, the this information will be allowed to have Behaviors.’’ Earlier versions of HAVEN Department’s Privacy and Security access. States and HHAs must take (5.0 and earlier) currently allow
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encoding of these items for HHA use, measurement and improvement system, reports for specific patient conditions but will automatically prevent and in the Survey and Certification (focused reports) and for all adult transmission at the source. As part of program, we plan to use OASIS to patients (global reports). We provided the assessment process, HHAs may support our program integrity efforts as instruction to HHAs in using outcome continue to collect the information. we administer the Medicare program. reports to target areas for improvement However, if HHAs transmit the Comment: Several commenters or reinforcement. We implemented and information, it will not be stored in the supported the principle of having HHAs monitored a plan of action for State’s system. collect and report OASIS data for behavioral change while using yearly quality outcome measurement and B. Section 484.20, Condition of outcome reports to determine if targeted stated that they were looking forward to outcomes improved. Data from the Participation: Reporting OASIS using the data. Commenters believed Information reports during the MEQA demonstration that OASIS would have positive results indicate that there has been a 25 percent In § 484.20, Condition of in identifying standards of care rate of reduction in hospitalizations Participation: Reporting OASIS industry-wide, in addition to offering over the length of the demonstration Information, we require HHAs to report State-specific information concerning and 80 percent of participating HHAs to CMS OASIS data collected on all the care patients received. Other experienced a significant improvement patients. This requirement applies to all commenters stated that the industry has in targeted outcomes. patients except prepartum and many questions regarding OASIS and its In the Home Health Outcome Based postpartum patients, patients under the use and asked that we continue to Quality Improvement (HH–OBQI) age of 18, patients not receiving skilled provide clear and precise guidelines for System Pilot Project, five Quality health care services, and non-Medicare/ OASIS reporting requirements. Improvement Organizations (QIOs) non-Medicaid patients. As stated above, Response: We appreciate the found similar levels of improvement in on June 18, 1999, we published a notice endorsement and support for OASIS, targeted outcomes to those levels (64 FR 32984) that delayed the and we believe that OASIS data will experienced in the MEQA applicability of the collection assist HHAs in improving the quality of demonstration. The pilot project tasked requirements to patients receiving only their services. We recognize that QIOs in five States (Maryland, personal care services and delayed the agencies may continue to require Michigan, New York, Rhode Island, and requirement to encode and report guidance on collecting and reporting Virginia) with helping HHAs collected OASIS data on non-Medicare/ OASIS information. Therefore, we will nationwide to identify opportunities to non-Medicaid patients until further continue to provide guidance and use the quality reports for improvement notice. Currently, the policy to delay the updated information to HHAs via state- of home health quality of care for applicability of the collection sponsored training, telephone, and e- Medicare beneficiaries. These five QIOs requirements to patients receiving only mail help lines and by posting relevant serve as a coordinating body to oversee personal care services and to delay the information on our Web site. the establishment of a national HH requirement to encode and report Comment: One commenter OBQI System for home health care. The collected OASIS data on non-Medicare/ acknowledged the usefulness of OASIS five QIOs, using OASIS outcome reports non-Medicaid patients remains in effect. outcome data for both HHAs and CMS and their own analysis of OASIS data, There is also a temporary suspension on but questioned the connection between the five QIOs distribute information and the collection of OASIS data on non- CMS obtaining data and translating guidance to all other QIOs participating Medicare/non-Medicaid patients those data into useable information to in the HH OBQI System. The other effective December 8, 2003, under improve care. QIOs, in turn, provide education, section 704 of the Medicare Prescription Response: We appreciate the consultation, and other technical Drug, Improvement and Modernization supportive comments. Since April 1999, assistance to HHAs in developing and Act of 2003 (Pub L. 108–173) (MMA). HHAs have collected, encoded, and reported OASIS information. The managing outcome-based, continuous General Comments on Reporting OASIS reports generated from the information quality improvement programs. Data are outcome-based and used for quality Comment: Several commenters stated We received several comments in improvement. For some time, these that OASIS should only be used for support of our efforts to collect and Outcome Based Quality Improvement Medicare patients, so as not to destroy report OASIS data for the purpose of and Outcome Based Quality Monitoring its usefulness for the HHPPS. tracking the quality of patient outcomes. (OBQI/OBQM) reports have been used Commenters were concerned that the Comment: One commenter stated that for comparative analyses. These reports quality of OASIS data would be many nurses, because of the substantial are shared with HHAs for use in their adversely affected if collected and demands of their jobs, have not been quality monitoring and improvement reported on patients from such diverse able to devote sufficient time to activities. programs as Medicare, Medicaid, assessing a patient’s health care needs, For example, through a contract with Medicaid waiver patients, and non- compromising the quality of the care the Center for Health Services Research, Medicare/non-Medicaid patients. provided. The commenter believes that University of Colorado, we Several commenters specifically OASIS enables nurses to more implemented the Medicare Home stated that OASIS should be re- thoroughly assess their patients’ needs. Health Quality Assurance (MEQA) evaluated for Medicaid patients, The commenter also stated that OASIS demonstration to determine the patients under Medicaid Home and is ‘‘the best thing created by CMS.’’ The feasibility of, and establish the Community-Based Waiver programs, commenter also noted that OASIS data methodology for, implementing OBQI and patients receiving ‘‘personal-care- could indicate that some patients programs in HHAs. Under the only’’ services. One commenter stated actually need home care and may also demonstration, 50 HHAs nationwide the belief that the OASIS demonstration reveal abuses of the Medicare program. collected OASIS data at regular intervals projects did not include patients Response: We appreciate the positive for all adult patients. We computed receiving personal-care-only services. A comment. In addition to using OASIS to outcome measures using OASIS data few commenters suggested that we limit develop the HHPPS, in the quality and provided risk-adjusted outcome OASIS reporting to only a core set of
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data elements needed for the patient’s refusal to answer a question. requirement. Now each OASIS development of the HHPPS. Commenters were concerned that requirement is reviewed for compliance Response: We received many agencies would be penalized if a patient exactly as it is written, in the same comments regarding the application of refused to answer an OASIS question manner as all other existing home OASIS to HHA populations. Collecting and stated that because of the patient’s health requirements. We took this action OASIS data on all patients for quality refusal, there would be no OASIS because proper OASIS data collection and assessment purposes does not affect information to be reported to us. and reporting has payment and quality the integrity of the HHPPS. Limiting Response: There is no Federal implications. reported OASIS data only to items requirement that an HHA deny services under consideration for HHPPS will to a home health patient if the patient 1. Section 484.20(a), Standard: Encoding harm the integrity and risk adjustment refuses to allow clinicians to conduct a and Transmitting OASIS Data of quality indicators (as discussed in the comprehensive assessment, refuses to We have revised § 484.20(a) to require July 3, 2000 final rule for HHPPS) and answer any question during the HHAs to encode and electronically eliminate the ability to evaluate the comprehensive assessment, or refuses to transmit to the State agency or CMS effects of HHPPS on quality or to allow the release of any information OASIS contractor accurate and complete improve HHPPS over time. from the comprehensive assessment to OASIS data for each applicable agency With regard to the quality of OASIS us. However, for Medicare and patient within 30 calendar days from data, the intent of OASIS is to ensure Medicaid patients, the collection and the date the assessment was completed that HHA patients are receiving quality transmission of OASIS data is required (that is, the date entered at OASIS item care. However, we recognize the to meet the home health CoPs and for M0090). We have removed the ‘‘lock’’ assessment needs for patients requiring payment. requirement that appeared at personal-care-only services may be Doctors, nurses, and therapists are § 484.20(c)(1) to allow HHAs the option different than for patients who require trained to do assessments of their of making corrections to OASIS data at skilled services, such as nursing and patients as part of their routine care any time without edit warnings. Since rehabilitative therapy. To address these whether the patient is cooperative or HHAs will now be able to make concerns and further research the not. Patient assessments are critical for corrections to transmitted OASIS data at issues, we have delayed the requirement providers to know if patients’ needs are any time, we determined that there is no for agencies to use OASIS for the being met or if their health conditions compelling reason to require HHAs to personal-care-only population until are improving. It is important to encode OASIS data within a specific further notice. We published the notice understand that HHAs will continue to timeframe. Therefore, we are no longer of the delay (64 FR 32984) on June 18, perform comprehensive assessments of requiring HHAs to encode OASIS data 1999. We are continuing this delay until their uncooperative clients. OASIS is a within 7 days of completing an OASIS we determine an appropriate balance standardized data format for nurses and data set. Instead, HHAs will have 30 between the advantages of collecting other home health professionals for calendar days from the date the OASIS data from this population of assessing patients’ needs, developing assessment was completed to both patients and the reported burdens on the appropriate plan of care, assessing encode and transmit completed OASIS providers. that care over the course of treatment, data to the State agency or CMS OASIS In addition, MMA, which was enacted and learning how to improve the quality contractor. In other words, once the on December 8, 2003, temporarily of care over time. While patients may qualified clinical staff member has suspends the collection of OASIS data refuse to answer a direct question (or collected the OASIS data set at the time on an HHA’s non-Medicare/non- indeed, may provide an inaccurate or a specified in § 484.55, HHAs may take up Medicaid patients until further notice. misleading response), clinicians are to 30 calendar days after collection to: HHAs may continue to incorporate taught to assess patients to the best of (1) Enter it into their computer systems OASIS items into their patient-specific, their ability. However, State surveyors using the Home Assessment Validation comprehensive assessment of non- are obligated to assess the HHA’s Entry (HAVEN) software or the vendor Medicare/non-Medicaid patients for performance of its data collection software meeting our data submission their own use but are no longer required responsibilities. If an agency has an specifications; (2) electronically to do so. unusually high rate of patients refusing transmit the accurate, complete, and The inclusion of Medicaid waiver to answer assessment questions, it may encoded data to the State agency or patients in the collection and reporting warrant a review of the process the HHA CMS OASIS contractor; and (3) establish of OASIS data is a decision that may be is using to conduct assessments. HHA policy which will be in made by individual States. Medicare- An HHA will have the opportunity to compliance with the instructions within approved HHAs must report OASIS data respond to any deficiencies cited by the the OASIS Implementation Manual for all other patients (that is, other than surveyor in the HHA’s plan of Chapter 1, page 1.4, which require that the previously discussed exceptions, correction. CMS and its agents (State HHAs develop ‘‘policies and procedures and those for whom collection is survey agencies) expect HHAs to establishing the necessary data entry delayed). The requirements governing comply with these regulations and will and transmission mechanisms and, very who may provide services under waiver work with agencies to achieve importantly, develop and maintain programs are left to each state’s compliance. We expect agencies to appropriate data quality monitoring discretion. We do not require Medicaid make a good faith effort to use OASIS. activities.’’ waiver patients to be served by During initial implementation, which The changes in § 484.20(a) do not Medicare-approved HHAs, and States lasted until the end of 1999, we did not alter the need for HHAs to ensure that may choose providers that do not meet cite deficiencies unless an HHA was the data items on the patients clinical Medicare requirements (including the doing nothing to comply with the record match the encoded data that are collection and reporting of OASIS data) OASIS collection and reporting sent to the State (see OASIS to furnish services to individuals in requirements. Beginning in 2000, we Implementation Manual, Chapter 12, State waiver programs. shifted from a more ‘‘global’’ approach pages 12.1 and 12.2). HHAs must also Comment: Many commenters asked of determining overall compliance to a continue to conduct data quality audits that we clarify our policy concerning a more specific consideration of each on a routine basis as outlined in the
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OASIS Implementation Manual, Chapter track this process that includes (where applicable) to identify branch- 12, pages 12.1 and 12.2. comparison of data collected at the time specific OASIS assessment information Currently, OBQI/OBQM reports are of the assessment to data entered after in a uniform fashion nationwide. This available 2 months after submission of the initial assessment. We expect process is described below. completed assessments. However, many agencies to use their validation reports During the development stage of HHAs are requesting that the OBQI/ to confirm proper data submission or to OASIS implementation, the National OBQM reports be more timely. Now that identify areas for improving data Association for Home Care (NAHC), we are requiring HHAs to both encode submission. engaged in a series of teleconferences and transmit completed OASIS data Comment: Several commenters with its member HHAs to solicit within 30 calendar days, we expect the expressed concern that we did not suggestions about OASIS data entry reports to be available 30 days sooner. include time spent calling the software. HHAs proposed that the Currently, 50 percent of the HHAs professionals responsible for the outcome reports be made available at transmit OASIS assessments by the 16th assessment to obtain clarification of the branch level, rather than limited to day after completion, and the majority assessment data if there are errors found data that represent the agency as a of HHAs (75 percent) transmit during encoding in our estimate of the whole. NAHC transmitted its concerns assessments by the 30th day after costs associated with OASIS reporting. to us, and, in response, we agreed to completion. HHAs must continue to Commenters also stated that a registered create a field in the HAVEN data entry comply at all times with requirements nurse or other full-time employee would software to allow HHAs to enter a self- for safeguarding the confidentiality of need to manage the paper work and defined number that identifies the patient-identifiable information. computerization of OASIS. assessment information sent to the State Comment: Several commenters were Response: We agree with commenters agency by a branch office. concerned about the resources required that HHAs may need to designate a staff An analysis of OASIS data submitted to encode and transmit OASIS data. One person to coordinate the OASIS data by HHAs to State agencies nationwide, commenter stated that the increased collection and reporting systems. The from the period July 1999 to January time to complete data entry adds to burden estimate took this into account 2000, shows that 1.8 million of the 4 difficulties in meeting the 7-day in the January 25, 1999 final rule (64 FR million assessments submitted included encoding requirement. Another 3748). Some agencies may be able to identifying information for branches. commenter suggested that the assign these duties to current staff, We were encouraged that so many requirement be extended to 14 days, while others may decide they need to HHAs wanted to identify assessment especially for rural providers. hire additional personnel, at the HHA’s information submitted by their Response: After reviewing comments, discretion. This person could have a branches. Subsequently, we determined we agree with commenters’ concerns clinical or computer background. that assignment of unique branch about the 7-day time frame for encoding. identification numbers would facilitate 3. Section 484.20(c), Standard: Therefore, we will allow HHAs 30 HHAs’ ability to receive outcome Transmittal of OASIS Data calendar days after the assessment is reports specific to their branches. completed to encode and transmit In existing § 484.20(c)(1), we required Providing HHAs with the outcome OASIS data items. We have revised this HHAs to electronically transmit to the reports specific to their branches will timeframe based on industry concerns State agency or CMS OASIS contractor help both the State agency and HHAs to and the need to confirm the accuracy of accurate, completed, encoded, and monitor the quality of care being their data. We believe this revised locked OASIS data for each applicable furnished to branch patients. The State timeframe will be less burdensome for patient at least monthly. Now that we agency, after reviewing the specific HHAs. These 30 calendar days are in are combining the requirement to branch outcome reports, will be better addition to the time frames currently electronically transmit OASIS data with able to target scarce survey resources allowed for collection of the OASIS the requirement to encode OASIS data when conducting HHA surveys. Branch- items set forth at § 484.55. We are in § 484.20(a) and removing the ‘‘lock’’ specific information will also allow the providing the revised timeframe of 30 requirement, we have removed existing parent HHA to use its own objective calendar days for agencies to encode § 484.20(c)(1) and redesignated performance criteria to assess and their OASIS data, resolve any § 484.20(c)(2) through § 484.20(c)(4) as improve patient services, outcomes, and outstanding data collection issues, and § 484.20(c)(1) through § 484.20(c)(3), satisfaction at the branch level. transmit the accurate and completed respectively. As a result of input from the home OASIS data. We assigned time frames Newly designated § 484.20(c)(1) health industry, we revised the OASIS that we believe best represent a balance requires HHAs to transmit the OASIS data set to accommodate branch between efficient, timely data collection data in a format that meets the data identifications. The new items and entry, and the burden placed on the format standard specified at § 484.20(d). developed are: (M0014) Branch State HHA. As this process evolves, we will Newly designated § 484.20(c)(2) requires and (M0016) Branch ID. The State in continue to explore techniques to make HHAs to transmit successfully test data which the branch is located is the two- the reporting process as efficient as to the State agency or CMS OASIS letter postal service abbreviation where possible. contractor. Newly designated the agency branch is located. For the § 484.20(c)(3) requires HHAs to transmit Branch ID, rather than continuing to 2. Section 484.20(b), Standard: data using electronic communications allow HHAs to enter a self-defined Accuracy of Encoded OASIS Data protocols as directed by us. As of July number that identifies the assessment Section 484.20(b) requires that the 1, 2000, those HHAs that are required to information that the branch sent to the encoded OASIS data accurately reflect submit OASIS data for submission and State agency, we have standardized the the patient’s status at the time of the interim reports must do so via the identification numbering system for assessment. Before transmission, the MDCN, which replaces the previous HHA branches to ensure that these HHA must ensure that data items on its dial-up connection for submission and assessments will be linked to the proper own collection record match the interim reports. In January 2004, we branch. This national numbering system encoded data that are sent to the State. started requiring HHAs to use a CMS- links each branch number to the parent We expect HHAs to devise a method to assigned branch identification number HHA provider number by numbering
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each branch with the same Federally identification numbers and passwords at 1–877–201–4721 to order a HAVEN assigned provider number as the parent to all existing HHA branches. Based on CD and/or to ask any other HAVEN- with two modifications. There is a ‘‘Q’’ industry concerns, and in response to related questions they may have. between the State code and four-digit their needs to permit submission by The required OASIS data set is provider designation plus three more branches, we installed in each HHA, a available at all times on our Web site digits for a 10-character branch communication link to the State agency located at http://www.cms.hhs.gov/ identifier. The last three digits allows us for submission of OASIS and the oasis. HHAs may access the Web site to assign up to 999 branches to one retrieval of reports. The MDCN was and download the required OASIS data parent HHA with branch identification installed in all HHAs in July 2000, to set for each data collection time point. numbers being used only once. If an allow direct dial-up access to the State HHAs may also obtain hard copies of HHA branch closes, we will terminate agency by each registered MDCN user in the OASIS data set from the National its unique branch identification number each HHA. This was a change to the Technical Information Service (NTIS) at and will not re-use it to identify another previous system, which allowed the 1–800–553–6847. branch of that HHA or subunit. For dial-up connection to be used only for Comment: Several commenters stated example, an HHA in a state has three submission of OASIS data and retrieval that the HAVEN computer screen is branches. The parent agency’s Medicare of reports. There was no additional extremely slow and that HHA staff provider number is 017001. The charge to the HHA for the use of this spend time waiting for screen response. branches are assigned the branch MDCN dial-up service. Multiple users in The commenter believes that the identification numbers 01Q7001001, an agency, including branch users, are slowness of the software directly relates 01Q7001002, and 01Q7001003. We have now able to access the State agency with to an increase in agency cost. One made a corresponding revision to the individual MDCN user IDs. This system commenter stated that while HAVEN is regulation text by adding a new allows the branch to control all aspects free, it does not meet the needs of every paragraph § 484.20(c)(4). of encoding, submission, and receiving agency, nor can every agency access the On the OASIS B–1 (10/1998) data set, reports, according to the parent HHA Internet. This commenter also stated which we used to implement OASIS policy, and promotes a higher level of that some agencies are opting to scan data collection and reporting initially, personal security with the assignment of the hard copy assessments, because it is the fields ‘‘Branch State’’ and ‘‘Branch individual user IDs. more cost effective. However, the ID’’ are optional. On the December 2002 We have begun to assign commenter stated that HAVEN does not version of the OASIS B–1 data set, identification numbers to every existing allow for scanning. One commenter which is being used for OASIS branch of a parent HHA and subunit. stated that their agency convened a collection and reporting as of January 1, The identification system has been taskforce to prepare for OASIS. The 2004, ‘‘Branch ID’’ is required for implemented nationally and uniquely taskforce recommended that the agency submission of all assessment records identifies every branch of every HHA not use CMS HAVEN software because completed by a branch. We expect HHA certified to participate in the Medicare the software did not have the ability to branches to place their CMS-assigned home health program. It also links the track outcomes internally. branch identification number on each parent to the branch. Having a system to OASIS assessment at M0016, and identify branches gives us the capability Response: HAVEN is a tool designed subsequently encode and transmit the of associating survey results with solely for entering, creating, and assessment to the State agency. We have individual HHA branches. Also, by maintaining OASIS data files for added the requirement to include including the branch identification transmission to the State survey agency. branch identification numbers in number on OASIS assessments, we will HAVEN is not a tool for developing § 484.20(c)(4). have the capability of developing outcome reports. Rather, the files Comment: One commenter was outcome reports that will help HHAs created by HAVEN are part of the concerned that HHA branch offices are differentiate and monitor the quality of process that we use to develop these not allowed to transmit their own care delivered by their agencies down to reports. Outcome reports will be OASIS data to the State. The commenter the HHA branch level. available to all agencies, free of charge. stated that the interim final rule is silent HHAs can electronically access the regarding this policy, but according to 4. Section 484.20(d), Standard: Data OBQI/OBQM reports in a manner our Web site, branch offices are required Format similar to the submission process. to deliver OASIS assessment data to the At § 484.20(d), we specify that HHAs While HAVEN will operate on older parent for transmission to the State must encode and transmit data using the systems, we continue to recommend agency. The commenter stated that this software available from CMS or software that agencies use a computer system practice would generate mistakes, thus that conforms to CMS standard compatible with the current industry compromising OASIS data. The electronic record layout, edit standard. We have always cautioned commenter suggested that HHA branch specifications, and data dictionaries and that HAVEN may not perform as well on offices be allowed to transmit their own includes OASIS data items specified in older computer systems as it would if OASIS data via a dial-up connection to § 484.55(e). To meet the data format run on a newer or more powerful the State agency using the same OASIS requirements, HHAs may use the system. Finally, some of the slowness ID code and password as the parent HAVEN software developed by CMS, or may be due to multiple simultaneous agency. use other vendors’ software if it users. Newer versions of HAVEN are Response: The HAVEN data entry conforms to our standardized electronic released to accommodate multiple software was originally designed for record formats, edit specifications, data simultaneous use. Although we provide single submission by the parent HHA dictionaries, and can pass [CMS- HAVEN as a tool to assist agencies in for security reasons. The State survey defined] standardized edits. The complying with the requirements, agency assigned one specific user HAVEN software is made available to all agencies may use vendors’ products or identification and password to each HHAs free of charge, either via develop software that meets their own parent HHA in the State. Moreover, the download from the Internet or by unique needs in addition to meeting previous data management program requesting a compact disc (CD). OASIS regulatory requirements. Vendor could not accommodate separate user Agencies can call the HAVEN help line products, however, must meet our
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minimum data, format, and operated by an entity other than the 3. Section 488.68(c), Ensure Accuracy of transmission specifications. State agency, the State must ensure that OASIS Data Comment: One commenter suggested it has suitable access to this system to the need to enter the same data multiple fully support all OASIS-driven In § 488.68(c), we require the State times was a flaw in the software that functions required of it (for example, agency to review an HHA’s records to could be reduced if HHAs allowed outcome-based quality improvement verify that the records are consistent software vendors to interface, or to map reports and survey-specific data). with the OASIS data reported to the data entry so that one entry would State agency or CMS OASIS contractor satisfy both data sets. 1. Section 488.68(a), Establish and as part of the survey process. In keeping Response: We believe the commenter Maintain the OASIS Data Base with § 484.20(b), which requires that may be referring to the situation that In § 488.68(a), we require that the HHAs’ encoded OASIS data accurately requires duplicate entry into an HHA’s State agency or other entity that we reflect the patient’s status at the time the original claims and assessment software, designate must use a standard system information is collected, we expect that and then re-entry of the same data into developed or approved to collect, store, HHAs will develop a means to ensure the HAVEN software. Since HAVEN and analyze CMS data generated by that the data input into the computer software is available free of charge, our OASIS. To meet this requirement, we and transmitted to the State agency or experience is that vendors of the are using the system developed to CMS OASIS contractor reflects the data original claims and assessment software compile the Minimum Data Set (MDS) collected by the appropriate skilled are now incorporating the HAVEN assessments (the CMS standard State professionals. We expect HHAs to software into their own software so that system), which has already been devise a method to track this process, duplicate entry will no longer occur. procured, installed, and utilized. As which should include the comparison of In addition, we implemented the part of the survey responsibilities, data collected at the time of the patient tracking sheet (PTS) for HHAs § 488.68(a) also provides that States will assessment to data entered after nationwide on December 16, 2002. With be responsible for basic system assessment. We expect HHAs to use the implementation of the PTS, HHAs no management responsibilities, such as validation reports created by the State longer need to re-enter the information hardware and software maintenance, agencies to confirm proper data from 18 common patient demographic system backup, and monitoring the submission or to identify areas for items collected at the start of care and status of the database. improving data submission. We suggest on subsequent assessments. These items We also set forth requirements that that HHAs retain final validation reports only need to be updated as appropriate. States must meet if they seek for about 12 months, or until the next modification of the standard State C. Section 488.68,State Agency OBQI report is available. system. Specifically, State agencies Responsibilities for OASIS Collection must obtain our approval before 4. Section 488.68(d), Restrict Access to and Database Requirements modifying any parts of the system. The OASIS Data Under section 1891(b) of the Act, we State agency or CMS OASIS contractor must assure that processes are in place To secure and control access to may not modify any aspect of the patient-identifiable information, in to protect the health and safety of standard State system that pertains to individuals under the care of an HHA § 488.68(d) we require that the State the standard CMS-approved OASIS data agency or CMS OASIS contractor be and to promote the effective and items, standard CMS-approved record efficient use of public moneys. Section responsible for restricting the access to formats and validation edits, and OASIS data. Specifically, we require 1864 of the Act authorizes the use of standard CMS-approved agency State agencies to determine a provider’s that the State agency or CMS OASIS encoding and transmission methods. It contractor must assure that access to compliance with the CoPs. State also cannot maintain patient data on the responsibilities for ensuring compliance data is restricted to the State agency system that we do not require to be component that conducts surveys for with the CoPs are set forth in part 488, reported on the OASIS State system. and entitled ‘‘Survey, Certification, and purposes related to this function, except Enforcement Procedures.’’ We did not 2. Section 488.68(b), Analyze and Edit for the transmission of data and reports receive any public comments on this OASIS Data to us and to other entities only when section. Nevertheless, we have In § 488.68(b), we provide that the authorized by us. summarized the provisions of § 488.68 State agency or CMS OASIS contractor We also specify that patient- as set forth in the January 25, 1999, is responsible for analyzing and identifiable OASIS data may not be interim final rule below. preparing OASIS data for us to retrieve. released to the public by the State In accordance with the provisions Upon receipt of data from an HHA, we agency or CMS OASIS contractor except referenced above, we added a new require that the State agency or CMS to the extent it is permitted under the § 488.68, State agency responsibilities OASIS contractor edit the data as Privacy Act of 1974 and the HHS for OASIS collection and data base specified by us, and ensure that the Privacy Rule, 45 CFR Parts 160 and 164. requirements. This section provides that HHA resolves errors within the time In the June 18, 1999 SOR (64 FR 32992), the overall responsibility for fulfilling limits we specify. and subsequently revised notice requirements to operate and maintain We also require that the State agency published December 27, 2001 (66 FR the OASIS system rests with the State or CMS OASIS contractor analyze the 66903), we outlined the provisions agency or other entity that we designate. data and generate outcome reports as we governing the disclosure of the The State may delegate this specify. In addition to the responsibility information we collect. Consistent with responsibility to the State agency, for generating outcome reports, the State the provisions in those notices, the State another State component, or enter into system issues validation reports once agency or CMS OASIS contractor is not an agreement with a private entity to OASIS data are received in the system, permitted to release patient-identifiable operate the system, or we may contract to provide feedback to HHAs as to information to the public but may with an entity directly, if the State is whether the OASIS data they sent has release provider-specific aggregated data unable or unwilling to perform these been accepted or rejected, and if that do not contain individual patient operations. If the State system is rejected, the reasons why. identifiers.
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5. Section 488.68(e), Provide Training was published, we assumed that no and equity). A regulatory impact and Technical Support for HHAs agencies were reporting OASIS analysis (RIA) must be prepared for In § 488.68(e), we require the State information, and all would need to major rules with economically agency or CMS OASIS contractor to establish connectivity via a test significant effects ($100 million or more provide training and technical support transmission to the State agency before in any 1 year). This rule does not reach for HHAs. Specifically, we require submission of the required data. Now the economic threshold and thus is not training on the administration and that we are beyond the effective date considered a major rule. when all existing agencies were integration of the OASIS data set into The RFA requires agencies to analyze expected to transmit required data, a the HHA’s own assessment process. We options for regulatory relief of small test transmission is only required when also specify that the State agency is businesses. For purposes of the RFA, an HHA that is not currently Medicare- responsible for instructing each HHA on small entities include small businesses, approved applies for approval. As such, the use of software to encode and nonprofit organizations, and we expect that HHA to meet all of the transmit OASIS data. government agencies. Most hospitals Medicare home health CoPs, including The State agency staff (or contractors) and most other providers and suppliers demonstrating that it is collecting and who operate the CMS standard system are small entities, either by nonprofit can transmit OASIS data, before will provide training as needed to status or by having revenues of $6 receiving its Medicare approval. States designated HHA staff on the use of the million to $29 million in any 1 year. will work with agencies on a case-by- software that we provide. In a similar Individuals and States are not included case basis to issue a temporary user manner, we will continue to provide in the definition of a small entity. We identification number and password for standardized instructions for using the are not preparing an analysis for the the new HHA to demonstrate free software and submitting RFA because we have determined that compliance. this rule will not have a significant information on our website. The • We have redesignated the economic impact on a substantial designated trainer in the HHA should requirement in § 484.20(c)(4) as train HHA staff responsible for number of small entities. § 484.20(c)(3). This requirement In addition, section 1102(b) of the Act collecting OASIS information, as provides that HHAs must transmit data needed, using a standard training requires us to prepare a regulatory using electronic communications impact analysis if a rule may have a curriculum and manual, which we software that provides a direct provide. A User’s Manual is available significant impact on the operations of telephone connection from the HHA to a substantial number of small rural electronically on our website and is the State agency or CMS OASIS available in hard copy from the National hospitals. This analysis must conform to contractor. the provisions of section 603 of the Technical Information Service by • We have added a new paragraph calling 1–800–553–6847. RFA. For purposes of section 1102(b) of § 484.20(c)(4) to include the CMS- the Act, we define a small rural hospital III. Provisions of the Final Rule assigned branch identification number as a hospital that is located outside of as applicable. In this final rule, we are adopting the a Metropolitan Statistical Area and has provisions as set forth in the interim IV. Collection of Information fewer than 100 beds. We are not final rule with comment period with the Requirements preparing an analysis for section 1102(b) following revisions: The information collection of the Act because we have determined • We have revised the standard in requirements contained in § 484.20 of that this rule will not have a significant § 484.20(a), Encoding and transmitting this document are subject to the PRA; impact on the operations of a substantial OASIS data, to allow 30 days from the however, these information collection number of small rural hospitals. date the assessment is completed for the requirements are currently approved Section 202 of the Unfunded agency to encode and submit OASIS under OMB control number 0938–0761 Mandates Reform Act of 1995 also data. ‘‘Medicare and Medicaid Programs Use requires that agencies assess anticipated • We have removed the requirement of the OASIS as Part of the CoPs for costs and benefits before issuing any in § 484.20(c)(1), which required HHAs HHAs,’’ with a current expiration date rule that may result in expenditure in to electronically transmit accurate, of June 30, 2006. The currently any 1 year by State, local, or tribal completed, encoded, and locked OASIS approved collection authorizes HHAs to governments, in the aggregate, or by the data for each patient to the State agency collect and transmit OASIS data. private sector, of $110 million. This rule or CMS OASIS contractor at least will have no consequential effect on the monthly. This removes the ‘‘lock’’ V. Regulatory Impact Statement governments mentioned or on the requirement, which was required at We have examined the impact of this private sector. implementation. Experience has rule as required by Executive Order Executive Order 13132 establishes indicated that the lock function is no 12866 (September 1993, Regulatory certain requirements that an agency longer necessary. Planning and Review), the Regulatory must meet when it promulgates a • We have redesignated the Flexibility Act (RFA) (September 19, proposed rule (and subsequent final requirement in § 484.20(c)(2) as 1980, Pub. L. 96–354), section 1102(b) of rule) that imposes substantial direct § 484.20(c)(1). This requirement the Social Security Act, the Unfunded requirement costs on State and local provides that OASIS data must be Mandates Reform Act of 1995 (Pub. L. governments, preempts State law, or transmitted in a format that meets the 104–4), and Executive Order 13132. otherwise has federalism implications. data format standard specified in Executive Order 12866 directs Since this regulation does not impose § 484.20(d). agencies to assess all costs and benefits any costs on State or local governments, • We have redesignated the data of available regulatory alternatives and, the requirements of E.O. 13132 are not submission requirement at § 484.20(c)(3) if regulation is necessary, to select applicable. as § 484.20(c)(2) and have removed the regulatory approaches that maximize In accordance with the provisions of reference to a specific time frame of net benefits (including potential Executive Order 12866, this regulation March 26, 1999 to April 26, 1999. When economic, environmental, public health was reviewed by the Office of the January 25, 1999, interim final rule and safety effects, distributive impacts, Management and Budget.
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List of Subjects in 42 CFR Part 484 FEDERAL COMMUNICATIONS is, to qualify for compensation from the Health facilities, Health Professions, COMMISSION Fund through a Commission-level Medicare, Reporting and Recordkeeping certification process. 47 CFR Part 64 Requirements. DATES: Effective January 23, 2006, [CG Docket No. 03–123; FCC 05–203] except for § 47 CFR 64.605 (a)(2), (c)(2), I For reasons set forth in the preamble, (e)(2), (f)(2), and (g), which contains CMS amends 42 CFR part 484 as Telecommunications Relay Services information collection requirements that follows: and Speech-to-Speech Services for have not been approved by the Office of Individuals With Hearing and Speech PART 484—HOME HEALTH SERVICES Management and Budget (OMB). The Disabilities Commission will publish a document in I 1. The authority citation for part 484 AGENCY: Federal Communications the Federal Register announcing the continues to read as follows: Commission. effective date. Written comments on the Paperwork Reduction Act (PRA) Authority: Secs. 1102 and 1871 of the ACTION: Final rule. Social Security Act (42 U.S.C. 1302 and information collection requirements 1395(hh)). SUMMARY: In this document, the must be submitted by the general Commission concludes that its current public, Office of Management and Subpart B—Administration rules regarding eligibility criteria for Budget (OMB), and other interested compensation from the Interstate parties on or before January 23, 2006. I 2. Section 484.20 is amended by Telecommunications Relay Services revising paragraphs (a) and (c) to read as ADDRESSES: You may submit PRA (TRS) Fund do not reflect advances in follows: comments identified by [CG Docket the way that TRS is offered, particularly Number 03–123 and/or OMB Control § 484.20 Condition of participation: with respect to the two Internet-based Number 3060–1047], by any of the Reporting OASIS information. forms of TRS, Video Relay Service following methods: * * * * * (VRS) and Internet-Protocol (IP) Relay. • Federal eRulemaking Portal: http:// (a) Standard: Encoding and Therefore, the Commission amends its www.regulations.gov. Follow the transmitting OASIS data. An HHA must rules to permit common carriers instructions for submitting comments. desiring to offer VRS and IP Relay encode and electronically transmit each • Federal Communications service and receive compensation from completed OASIS assessment to the Commission’s Web site: http:// the Interstate TRS Fund (Fund) to seek State agency or the CMS OASIS www.fcc.gov/cgb/ecfs/. Follow the certification from the Commission. In contractor, regarding each beneficiary instructions for submitting comments. doing so, the Commission largely adopts with respect to which such information • E-mail: Parties who choose to file is required to be transmitted (as the proposal set forth in the Second Improved TRS Order’s NPRM. Through by e-mail should submit their comments determined by the Secretary), within 30 to Leslie Smith at [email protected] days of completing the assessment of this action, the certification procedure will permit common carriers desiring to and to Kristy L. LaLonde at the beneficiary. [email protected]. Please * * * * * offer only VRS and/or IP Relay, and not the other forms of TRS, to receive include the CG Docket Number 03–123 (c) Standard: Transmittal of OASIS and/or OMB Control Number 3060– data. An HHA must— compensation from the Fund without having to meet one of the existing three 1047 in the subject line of the message. (1) For all completed assessments, • Mail: Parties who choose to file by transmit OASIS data in a format that eligibility criteria set forth in the Commission’s rules. Also in this paper should submit their comments to meets the requirements of paragraph (d) Leslie Smith, Federal Communications of this section. document, the Commission addresses a related issue raised in Hands On Video Commission, Room 1–A804, 445 12th (2) Successfully transmit test data to Street SW., Washington, DC 20554, and the State agency or CMS OASIS Relay Services, Inc.’s (Hands On) petition for reconsideration of the 2004 to Kristy L. LaLonde, OMB Desk Officer, contractor. Room 10234 NEOB, 725 17th Street, (3) Transmit data using electronics TRS Report and Order, which challenges the Commission’s dismissal NW., Washington, DC 20503. communications software that provides • of Hands On application for certification People with Disabilities: Contact a direct telephone connection from the the FCC to request reasonable HHA to the State agency or CMS OASIS as a VRS provider eligible for compensation from the Fund. Because accommodations (accessible format contractor. documents, sign language interpreters, (4) Transmit data that includes the the Commission adopts a new eligibility rule that permits Hands On to seek CART, etc.) by e-mail: [email protected] CMS-assigned branch identification or phone (202) 418–0539 or TTY: (202) number, as applicable. certification as a VRS provider eligible for compensation from the Fund 418–0432. * * * * * FOR FURTHER INFORMATION CONTACT: (Catalog of Federal Domestic Assistance without being part of a certified state Program No. 93.773, Medicare—Hospital TRS, the Commission concludes this Thomas Chandler, Consumer & Insurance; and Program No. 93.778, Medical issue is moot. Also, in this document, Governmental Affairs Bureau, Disability Assistance Program) the Commission seeks approval from the Rights Office at (202) 418–1475 (voice), Dated: May 20, 2005. Office of Management and Budget (202) 418–0597 (TTY), or e-mail at (OMB) for any Paperwork Reduction Act [email protected]. For Mark B. McClellan, (PRA) burdens contained in this additional information concerning the Administrator, Centers for Medicare & document that will modify OMB PRA information collection Medicaid Services. Control No. 3060–1047. The revised requirements contained in the Approved: September 12, 2005. PRA burdens are related to new rules document, contact Leslie Smith at (202) Michael O. Leavitt, permitting common carriers seeking to 418–0217, or via the Internet at Secretary. offer VRS or IP Relay service, that are [email protected]. If you would like [FR Doc. 05–24389 Filed 12–22–05; 8:45 am] not part of a certified state program or to obtain or view a copy of this revised BILLING CODE 4121–01–P have not contracted with an entity that information collection, you may do so
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by visiting the FCC PRA Web page at: send an e-mail to [email protected] or call application for certification as a VRS http://www.fcc.gov/omd/pra. the Consumer & Governmental Affairs provider eligible for compensation from SUPPLEMENTARY INFORMATION: This Bureau at (202) 418–0530 (voice), (202) the Fund. See Hands On, Petition for document contains modified 418–0432 (TTY). Document FCC 05–203 Partial Reconsideration, CC Docket Nos. information collection requirements can also be downloaded in Word or 90–571 and 98–67, CG Docket No. 03– subject to the PRA of 1995, Public Law Portable Document Format (PDF) at: 123 (October 1, 2004) (Hands On 104–13. These will be submitted to http://www.fcc.gov/cgb/dro. Petition). The Commission amends the TRS regulations to permit common OMB for review under section 3507 of Paperwork Reduction Act the PRA. OMB, the general public, and carriers seeking to offer VRS and IP This document contains modified other Federal agencies are invited to Relay and receive compensation from information collection requirements. comment on the modified information the Fund to apply to the Commission for The Commission, as required by the collection(s) contained in this certification as an entity providing these Paperwork Reduction Act of 1995 proceeding. This is a summary of the services in compliance with the TRS (PRA), Public Law 104–13, and as part Commission’s document FCC 05–203, rules, and therefore eligible for of its continuing effort to reduce adopted December 8, 2005, and released compensation from the Fund. See paperwork burdens, invites the general December 12, 2005, in CG Docket 03– generally 47 CFR 64.601 et seq. (the TRS public and other Federal agencies to 123. This Report and Order and Order regulations). This certification comment on the information collection on Reconsideration addresses issues procedure will permit common carriers requirements contained in the Report desiring to offer VRS or IP Relay, and arising from the Notice of Proposed and Order and Order on Rulemaking (NPRM) in the not the other forms of TRS, to do so Reconsideration. Public and agency without having to meet one of the Telecommunications Relay Services and comments are due January 23, 2006. In Speech-to-Speech Services for existing eligibility criteria set forth in addition, the Commission notes that the rules. See 47 CFR 64.604(c)(5)(iii)(F) Individuals with Hearing and Speech pursuant to the Small Business Disabilities, Second Report and Order, (setting forth three eligibility categories Paperwork Relief Act of 2002, Public for receiving compensation from the Order on Reconsideration, and NPRM Law 107–198, see 44 U.S.C. 3506(c)(4), (Second Improved TRS Order), CC Fund). Because the Commission adopts the Commission previously sought a new eligibility rule that permits Hands Docket No. 98–67, CG Docket No. 03– specific comment on how it might 123, FCC 03–112; published at 68 FR On to seek certification as a VRS ‘‘further reduce the information provider eligible for compensation from 50973, August 25, 2003 and 68 FR collection burden for small business 50993, August 25, 2003; and from the the Fund without being part of a concerns with fewer than 25 certified state TRS program, the Further Notice of Proposed Rulemaking employees.’’ In this document, the (FNPRM), in the Telecommunications Commission concludes that the issue Commission has assessed the effects of raised in Hands On’s Petition is moot. Relay Services and Speech-to-Speech a new TRS eligibility that will allow Services for Individuals with Hearing more entities to become VRS and IP Background and Speech Disabilities, Report and Relay providers. The Commission finds Telecommunications Relay Service Order, Order on Reconsideration, and that some entities that may seek to FNPRM (2004 TRS Report and Order), become providers eligible for Title IV of the Americans with CC Docket Nos. 90–571 and 98–67, CG compensation from the Fund may be Disabilities Act of 1990 (ADA), Public Docket No. 03–123, FCC 04–137; business entities with fewer than 25 Law Number 101–336, section 401, 104 published at 69 FR 53346, September 1, employees. Statute 327, 336–69 (1990), adding 2004 and 69 FR 53382, September 1, Section 225 to the Communications Act 2004. Also, this Report and Order and Synopsis of 1934 (Act), as amended, 47 U.S.C. Order on Reconsideration addresses In this Report and Order, and Order 225; implementing regulations at 47 issues raised in the Hands On October on Reconsideration, the Commission CFR 64.601 et seq., requires the 1, 2004, petition for reconsideration of addresses the issue of the certification Commission to ensure that TRS is the 2004 TRS Report and Order. The and oversight of telecommunications available to persons in the United States full text of document FCC 05–203 and relay service (TRS) providers seeking with hearing and speech disabilities. copies of any subsequently filed compensation from the Fund, raised in TRS enables a person with a hearing or documents in this matter will be the NPRM of the Second Improved TRS speech disability to communicate available for public inspection and Order and the FNPRM of the 2004 TRS through the telephone system. The copying during regular business hours Report and Order. TRS enables an statute requires that TRS offer persons at the FCC Reference Information individual with a hearing or speech with hearing or speech disabilities Center, Portals II, 445 12th Street, SW., disability to communicate by telephone telephone transmission services that are Room CY–A257, Washington, DC 20554. or other device with a person without ‘‘functionally equivalent’’ to voice The Report and Order and Order on such a disability. This is accomplished telephone services. 47 U.S.C. 225(a)(3). Reconsideration and copies of through TRS facilities that are staffed by In adopting Title IV of the ADA, subsequently filed documents in this specially trained communications Congress recognized that persons with matter may also be purchased from the assistants (CAs) who relay conversations hearing or speech disabilities have long Commission’s duplicating contractor at between persons using various types of experienced barriers to their ability to Portals II, 445 12th Street, SW., Room assistive communication devices and access, utilize, and benefit from CY–B402, Washington, DC 20554. persons who do not require such telecommunications services. See Customers may contact the assistive devices. See generally 47 generally 2004 TRS Report and Order, Commission’s duplicating contractor at U.S.C. 225(a)(3). This document also 19 FCC Rcd at 12479–12480, paragraph its Web site http://www.bcpiweb.com or addresses the related issue raised in 3 (discussing legislative history of Title by calling 1–800–378–3160. To request Hands On Video Relay Services, Inc.’s IV of the ADA). The intent of Title IV materials in accessible formats for (Hands On) petition for reconsideration is to further the Act’s goal of universal people with disabilities (Braille, large of the 2004 TRS Report and Order, service by ensuring that individuals print, electronic files, audio format), which dismissed Hands On’s with hearing or speech disabilities have
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access to the nation’s telephone system. 64.604(c)(5)(iii)(F)(1); (2) TRS facilities the use of a broadband Internet See, e.g., 47 U.S.C. 225(a)(3). See also owned by or operated under contract connection between the VRS user and H.R. Report Number 485, Part 2, 101st with a common carrier providing the CA, which allows the user to Congress, 2nd Session at 129 (1990) interstate services, see 47 CFR communicate in sign language via a (House Report). 64.604(c)(5)(iii)(F)(2); or (3) interstate video link. The CA, in turn, places an Section 225 of the Communications common carriers offering TRS, see 47 outbound telephone call to a hearing Act requires certain common carriers to CFR 64.604(c)(5)(iii)(F)(3). These three person. During the call, the CA offer TRS throughout the areas in which categories reflect the statutory regime communicates in American Sign they offer service. 47 U.S.C. 225(c). that requires common carriers offering Language (ASL) with the deaf person When TRS was implemented, TRS calls voice telephone service to also provide and by voice with the hearing person. were placed using a TTY connected to TRS, see 47 U.S.C. 225(c). Common As a result, the conversation between the Public Switched Telephone Network carriers may offer TRS ‘‘individually, the two end users, deaf and hearing, (PSTN). In a ‘‘traditional’’ TTY text- through designees, through a flows in near real time. VRS therefore based TRS call, the user dials the competitively selected vendor, or in provides a degree of ‘‘functional telephone number for a TRS provider concert with other carriers.’’ Therefore, equivalency’’ that is not attainable with using a TTY. This first step for the TRS every common carrier required to offer text-based TRS, by allowing those user, the completion of the outbound TRS need not necessarily do so persons whose primary language is ASL call to the TRS provider, is equivalent individually. See 2004 TRS Report and to communicate in ASL, just as a to reaching a ‘‘dial tone.’’ The caller Order, 19 FCC Rcd at 12480, paragraph hearing person does with, e.g., spoken then types the number of the person he 3, note 19 (distinguishing between English. As a result, VRS has quickly or she wishes to call. The CA, in turn, interstate and intrastate TRS, and giving become a very popular service. places an outbound voice call to the states the option to have ‘‘certified’’ In April 2002, the Commission called party. The CA serves as the state TRS programs). Currently all 50 recognized a second Internet-based form ‘‘link’’ in the conversation, converting states, Puerto Rico, and the District of of TRS—IP Relay. See Provision of all TTY messages typed by the caller Columbia have certified state programs. Improved Telecommunications Relay into voice messages, and all voice The legislative history of Section 225 Services and Speech-to-Speech Services messages from the called party into makes clear that Congress ‘‘hope[d] and for Individuals with Hearing and Speech typed text messages for the TTY user. expect[ed] that all states would Disabilities, CC Docket No. 98–67, The process is performed in reverse promptly adopt a certified state Declaratory Ruling and Second Further when a voice telephone user initiates a program.’’ House Report at 130. Notice of Proposed Rulemaking, 17 FCC traditional TRS call to a TTY user. See Fund payments are made at per- Rcd 7779 (April 22, 2002); published at generally 2004 TRS Report and Order, minute compensation rates proposed 67 FR 39863, June 11, 2002 and 67 FR 19 FCC Rcd at 12480, paragraph 3, note each year by the fund administrator, and 39929, June 11, 2002, (IP Relay 18. States have primary jurisdiction over then approved or modified by the Declaratory Ruling and FNPRM). IP the provision of intrastate TRS through Commission in accordance with the Relay calls are text-based calls, but the certified state TRS programs, see 47 CFR Commission’s rules. 47 CFR user connects to the TRS facility via a 64.605 (‘‘State Certification’’); see also 64.604(c)(5)(iii). The regulations provide computer (or other similar device) and 2004 TRS Report and Order, 19 FCC that ‘‘TRS Fund payments shall be the Internet, rather than via a TTY and Rcd at 12517–12518, paragraph 103, and distributed to TRS providers based on the PSTN. A user establishes a local are responsible for compensating the formulas approved or modified by the connection to an Internet service TRS providers for the costs of intrastate Commission. * * * Such formulas shall provider using a computer, web phone, service. See 47 U.S.C. 225(c)(3)(B). be designed to compensate TRS personal digital assistant, or other IP- When TRS providers handle interstate providers for reasonable costs of enabled device, selects the Internet calls, those calls are billed to, and providing interstate TRS, and shall be address of an IP Relay provider, and is compensated by, the Fund. See also 47 subject to Commission approval.’’ 47 connected to a CA who handles the call CFR 64.604(c)(5)(iii)(E) and (F). CFR 64.604(c)(5)(iii)(E). The per-minute in the same way that TTY-based calls The Fund is funded by contributions compensation rates are presently based are handled. IP Relay, like VRS, has from all common carriers providing on the projected average cost per minute become a popular service because the interstate telecommunications services, for providing each service. See, e.g., user can make a relay call with any and is administered by the TRS Fund Telecommunications Relay Services and computer (or similar device) connected administrator, currently the National Speech-to-Speech Services for to the Internet, rather than with a Exchange Carrier Association, Inc. Individuals with Hearing and Speech dedicated TTY. See Improved TRS (NECA). The amount of each carrier’s Disabilities, CC Docket No. 98–67, CG Order and FNPRM, 15 FCC Rcd at 5149, contribution is the product of the Docket No. 03–123, FCC 05–135, Order; paragraph 15 (VRS); IP Relay carrier’s interstate end-user published at 70 FR 38134, July 1, 2005. Declaratory Ruling and FNPRM, 17 FCC telecommunications revenue and a In March 2000, the Commission Rcd 7779, at 7786, paragraph 20 (IP contribution factor determined annually recognized VRS as a form of TRS. See Relay). by the Commission. See 47 CFR Telecommunications Relay Services and 64.604(c)(5)(iii)(A) and (B). The fund Speech-to-Speech Services for The Provision of VRS and IP Relay and administrator uses these funds to Individuals with Hearing and Speech Eligibility for Compensation From the compensate TRS providers for the costs Disabilities, CC Docket No. 98–67, Interstate TRS Fund of providing the various forms of TRS. Report and Order and Further Notice of Because the two Internet based forms Under the TRS regulations, providers Proposed Rulemaking, 15 FCC Rcd of TRS—VRS and IP Relay—use the ‘‘eligible for receiving payments from 5140, at 5152–5154, paragraphs 21–27 Internet for one leg of the call, it is the [Interstate] TRS Fund,’’ see 47 CFR (March 6, 2000); published at 65 FR currently not possible to determine the 64.604(c)(5)(iii)(F), must fall under one 38432, June 21, 2000 and 65 FR 38490, geographic location of the party using of three categories: (1) TRS facilities June 21, 2000, (Improved TRS Order the service, and therefore to determine operated under contract with and/or by and FNPRM); see also 47 CFR whether a particular call is interstate or certified state TRS programs, see 47 CFR 64.601(17) (defining VRS). VRS requires intrastate. As a result, on an interim
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basis, the costs of providing both listing the resolution of each complaint (October 18, 2004). Hands On, intrastate and interstate VRS and IP filed against the provider. Second Hamilton, and Sorenson support a Relay are compensated from the Fund. Improved TRS Order, 18 FCC Rcd at federal certification process as a way to In addition, because VRS and IP Relay 12444, paragraph 137. The Commission promote competition and innovation are services that are not tied to the included proposed rules of such a while decreasing administrative costs by PSTN or the provision of voice certification process, adding a fourth allowing providers actually providing telephony, it became possible for prong to the eligibility criteria for the service to bill the Fund directly. entities that are not traditional voice interstate TRS providers ‘‘certified by Hamilton asserts that a certification telephone companies to offer these the Commission’’ pursuant to new system would assure provider services. In particular, some entities certification rules. Second Improved compliance with minimum TRS sought to provide only VRS service TRS Order, 18 FCC Rcd at 12467–12468, standards.’’ Sorenson asserts that the under the third category of eligible TRS Appendix E (setting forth proposed state certification process is slow and providers—‘‘Interstate common carriers rules). costly, and that most states will certify offering TRS’’—even though they were The commenters generally agreed that only one provider. Comments filed by not traditional common carriers (i.e., a federal certification requirement is the National Association for State Relay voice telephone companies) under the appropriate if a TRS provider does not Administration (NASRA) noted that statute. Such entities could provide VRS participate in a state TRS program, is most states would opt for one VRS and receive compensation from the not a traditional common carrier, and is provider, which would eliminate the Fund either by becoming part of a providing Internet-based TRS, such as benefits of a competitive, multi-vendor certified state program (first eligibility IP Relay and VRS. In this regard, several environment for VRS. Sorenson also category) or subcontracting with an providers asserted that a federal asserts that to ensure the integrity of the entity offering TRS and eligible for certification process should be an Fund, new entrants should be required compensation from the Fund (second alternative to participating in a state to file financial reports demonstrating eligibility category). TRS program, and not an additional financial stability, and that all certified As a result, in the NPRM regulatory requirement for new or providers should be required to file accompanying the June 2003 Second existing TRS providers. All supporting detailed complaint logs, annual waiver Improved TRS Order, the Commission commenters agreed that the reports, and annual detailed call audit sought comment on ‘‘whether, and if so, Commission-certified providers should reports for all calls submitted for how, the Commission should amend its also be required to submit annual payment. Sorenson and Hands On also rules to address the provision of TRS in complaint logs and waiver reports assert that existing providers should circumstances not presently covered by presently required of the existing VRS either be ‘‘grandfathered’’ into the regulations, including a provider’s and IP Relay providers. certification or presumed to meet the eligibility for cost recovery for services The 2004 TRS Report and Order certification requirements. Sprint, currently reimbursed solely from the however, opposes Commission Fund.’’ Second Improved TRS Order, 18 In the 2004 TRS Report and Order, certification of providers, stating that FCC Rcd at 12444, paragraph 136. The the Commission deferred a decision on the Commission should make the Commission noted the absence of a this issue but invited further comment provision of VRS and IP Relay Commission-level certification process in the accompanying FNPRM. 2004 TRS mandatory and make the states for TRS providers, leaving TRS Report and Order, 19 FCC Rcd at responsible for compensating intrastate providers not participating in a certified 12517–12518, paragraph 103. The minutes, therefore also making the state program without a method for Commission characterized the states responsible for ensuring qualifying for compensation for underlying issue as two-fold: ‘‘(1) How compliance with the mandatory interstate TRS. The Commission to define those entities providing TRS minimum standards. Sprint also asserts therefore sought comment on whether it that are eligible for compensation from that the current complaint procedures should establish a federal certification the Fund for providing eligible services; are sufficient to keep the Commission process, either generally or specifically and (2) how to ensure that such entities informed about service problems, for IP Relay, VRS, and ‘‘any other are providing TRS in compliance with making the federal certification program technology that does not fit easily into the TRS mandatory minimum an unnecessary use of Commission the traditional jurisdictional separation standards.’’ 2004 TRS Report and Order, resources. of intrastate and interstate.’’ Second 19 FCC Rcd at 12517–12518, paragraph Improved TRS Order, 18 FCC Rcd at 103. The Commission sought additional Hands On’s Application for 12445, para. 139; see also, 18 FCC Rcd comment on whether it should ‘‘Certification’’ as a VRS Provider at 12444, paragraph 137. separately ‘‘certify’’ and/or oversee On August 30, 2002, Hands On filed The Commission tentatively providers of IP Relay and VRS. 2004 an application for ‘‘certification’’ as a concluded that under such a process TRS Report and Order, 19 FCC Rcd at VRS provider eligible for compensation TRS providers would apply to the 12570, paragraph 250. The Commission from the Fund. The application Commission for certification as an noted that ‘‘because for both of these indicated that Hands On sought to interstate TRS provider, ‘‘providing services there are presently only a provide only VRS, and not any of the evidence that they are in compliance handful of national providers, which mandatory relay services traditional with the mandatory minimum standards consumers can access via computer common carriers are required to found in 47 CFR 64.604 of its rules.’’ without regard to geographic location, it provide. Further, Hands On sought to Second Improved TRS Order, 18 FCC may be either unnecessary or provide VRS neither as part of a Rcd at 12444, paragraph 137. In unworkable to have all 50 states oversee certified state program nor as a service addition, the Commission proposed these providers.’’ operated in contract with a common requiring such TRS providers to keep a In response to the FNPRM, four TRS carrier providing interstate TRS. See 47 log of any complaints received and their providers filed comments. Comments CFR 64.604(c)(5)(iii)(F). Hands On disposition of those complaints, were filed by Hamilton (October 18, argued eligibility under the third prong; detailing compliance with the 2004), Hands On (October 15, 2004), i.e., as an Interstate common carrier mandatory minimum standards and Sorenson (October 18, 2004), and Sprint offering TRS pursuant to 47 CFR 64.604.
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See 47 CFR 64.604(c)(5)(iii)(F)(3). Hands Commission. In so doing, the 25. The Commission now adopts a On also acknowledged that the Commission largely adopts the proposal fourth eligibility criterion, which will regulations do not specify any set forth in Second Improved TRS allow common carriers seeking to offer requirement for ‘‘certification’’ of TRS Order’s NPRM. See Second Improved VRS or IP Relay and receive providers as eligible for compensation TRS Order, 18 FCC Rcd at 12443–12445, compensation to do so without being from the Fund. In the 2004 TRS Report paragraphs 134–140. This certification part of a certified state program or and Order, the Commission dismissed procedure will permit common carriers contracting with an entity that is. Hands On’s application without desiring to offer only VRS and/or IP Therefore, the Commission need not prejudice, based on the lack of a Relay, and not the other forms of TRS, revisit its prior construction of the third Commission certification process. 2004 to receive compensation from the Fund eligibility category. Moreover, in the TRS Report and Order, 19 FCC Rcd at without having to meet one of the event that in the future a state either 12531, paragraph 148 (citing, in part, 47 existing three eligibility criteria set forth declines to seek recertification or fails to CFR 64.605) (footnote omitted). in the rules. qualify for recertification, common Hands On’s Petition for Reconsideration The present three categories for carriers in that state may need to rely on eligibility for compensation from the the third eligibility category to receive On October 1, 2004, Hands On filed Fund were adopted at a time when all compensation from the Fund for eligible a petition for reconsideration of, inter TRS calls were carried over telephone TRS services. alia, the Commission’s dismissal of its lines, and therefore all calls could be In the Report and Order and Order on application for certification. See Communication Services for the Deaf, categorized as either interstate or Reconsideration, the Commission Inc., Hands On Video Relay Service, intrastate. See Telecommunications specifically allows common carriers Inc., National Video Relay Service Relay Services, and the Americans With seeking to offer VRS or IP Relay, that are Coalition, and Hamilton Relay, Inc., File Disabilities Act of 1990, CC Docket No. not part of a certified state program or Petitions for Reconsideration of 90–571, FCC 93–357, Third Report and have not contracted with an entity that Telecommunications Relay Service Order, 8 FCC Rcd 5300 (July 20, 1993), is, to qualify for compensation from the Requirements from the Report and published at 58 FR 39671, July 26, 1993, Fund through a Commission-level Order, and Order on Reconsideration, (adopting TRS cost recovery rules). As certification process. The Commission and Further Notice of Proposed a result, the states were given the recognizes that, with the advent of Rulemaking, CC Docket Nos. 90–571 primary role of regulating, and Internet-based forms of TRS, and and 98–67, CG Docket No. 03–123, DA compensating, the provision of particularly with the required expertise 04–3266, Public Notice, 19 FCC Rcd intrastate TRS through the state of sign language interpreters necessary 19929 (October 15, 2004); published at certification process. See generally 2004 for the provision of VRS, entities that 69 FR 65401, November 12, 2004. Hands TRS Report and Order, 19 FCC Rcd at have not offered voice telephony service On seeks a ruling that it is entitled to 12480–12483, paragraphs 4–8; see also or traditional TRS may desire to offer receive compensation from the Fund House Report at 131. The third VRS or IP Relay. The Commission without either providing its service as eligibility category—‘‘Interstate common further recognizes that requiring such part of a certified state program or carriers offering TRS pursuant to entities to either contract with a state or operating under contract with a § 64.604 of the Commission’s rules’’— with another provider—opportunities common carrier providing interstate has been the means by which some over which, as a practical matter, a new TRS and eligible for compensation from entities that are not voice telephone provider has little control—both the Fund. Hands On asserts that it falls service providers have sought to offer elevates form over substance and under the third eligibility prong of 47 VRS. 47 CFR 64.604(c)(5)(iii)(F)(3). The artificially precludes new providers CFR 64.604(c)(5)(iii)(F)(3)—‘‘Interstate Commission previously construed the from offering service, thereby depriving common carriers offering TRS pursuant third eligibility prong, however, as consumers of additional choices. The to § 64.604 of the Commission’s rules’’— applying to common carriers obligated record reflects that many states have and that under that prong it is entitled to provide TRS in a state that does not been reluctant to accept VRS providers to compensation for its service from the have a certified program. In the 2004 into their certified state programs. Fund upon giving notice, whether or not TRS Report and Order, the Commission Presently, three VRS providers qualify the Commission has a separate noted that, as a general matter, the for compensation from the Fund certification process. MCI, the only Commission has construed the because they are part of a certified state commenter responding to the Hands On eligibility requirements to require program: Hands On (Washington); Petition, asserts that only compliance eligible providers to be either part of a Sorenson (Utah); and Communication with mandatory minimum standards is state program or to provide service Access Center (CAC) (Michigan). The necessary for reimbursement, and no under contract with another provider record reflects that other entities that Commission-wide certification is obligated to provide TRS services. 2004 desire to offer VRS have been unable to needed. TRS Report and Order, 19 FCC Rcd at join a certified state program. See, e.g., 12517–12518, paragraph 103, note 304. Ex Parte Submission of Daryl Crouse, Discussion The Commission noted that the three President, Snap Telecommunications, The Commission concludes that the eligibility categories were modeled Inc. (Snap) (July 1, 2005) (submitted by present eligibility criteria for upon the ways in which common counsel) (Snap Ex Parte) (asserting that compensation from the Fund set forth in carriers may be deemed to be in Snap, which desires to offer VRS and the Commission’s rules do not reflect compliance with their underlying receive compensation from the Fund, advances in the way that TRS is offered, obligation under sections 225(c)(1)–(2) sought state certification but no state particularly with respect to VRS and IP of the Communications Act. It also expressed an interest); see also NASRA Relay. Therefore, the Commission noted that presently every state has a Comments at 3–4 (noting that most amends its rules to permit common certified state TRS program, although states would opt for one VRS provider). carriers desiring to offer VRS and IP they are not required to do so. See States have little incentive to assume Relay and receive compensation from generally 2004 TRS Report and Order, oversight responsibility for these the Fund to seek certification from the 19 FCC Rcd at 12481, paragraph 6, note services, which are offered on a
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nationwide basis, particularly because may stimulate greater broadband that: (1) The provision of VRS or IP states are not currently paying for the deployment. See 2004 TRS Report and Relay will meet or exceed all non- services. In addition, contracting with a Order, 19 FCC Rcd at 12568, paragraph waived operational, technical, and provider that already offers TRS as part 243. functional mandatory minimum of a state program has made it As a result, the Commission standards; (2) the VRS or IP Relay uneconomical for some new providers concludes that common carriers seeking provider makes available adequate to offer service. As Hands On has to offer VRS or IP Relay and receive procedures and remedies for ensuring asserted, a ‘‘direct certification by the compensation from the Fund ongoing compliance with the Commission of VRS providers is likely independent of a certified state program Commission’s rules, including that it to decrease the cost of service by or a common carrier offering TRS, may makes available for TRS users allowing providers actually delivering seek certification from the Commission informational materials on complaint the service to bill the Fund directly, to do so by providing documentation to procedures sufficient for users to know rather than contracting with a state the Commission as outlined below (and the proper procedures for filing agency or existing telephone carrier in amended 47 CFR 64.605). See Rule complaints; and (3) where the VRS or IP (that would demand a substantial share Changes at the end of this document. Relay provider’s service differs from the of the compensation).’’ The Commission This documentation shall include, in mandatory minimum standards, the concludes that common carriers seeking narrative form: (1) A description of the TRS provider establishes that its service to provide VRS or IP Relay, and only forms of TRS to be provided; (2) a does not violate applicable mandatory those services, should not be precluded description of how the provider will minimum standards. The Commission from doing so simply because they meet all non-waived mandatory will issue a Public Notice certifying that cannot contract with a State or another minimum standards applicable to each a VRS or IP Relay provider is eligible for eligible TRS provider. According to form of TRS offered, see generally 2004 compensation from the Fund under this Snap, the first eligibility category ‘‘is no TRS Report and Order, 19 FCC Rcd at new provision. A provider seeking longer a viable option for new entrants 12594, Appendix E (summarizing eligibility must also comply with all because states are either completely waivers of TRS mandatory minimum applicable TRS regulations, including uninformed about TRS Fund eligibility standards for VRS and IP Relay); (3) a 47 CFR 64.604(c)(5)(iii)(C), (D), (E), and for VRS providers (since VRS is a non- description of the provider’s procedures (G). After a VRS or IP Relay provider mandatory service under the FCC’s for ensuring ongoing compliance with obtains certification under the fourth rules), or they are reluctant to certify all applicable TRS rules; (4) a eligibility prong, the provider need only and vouch for a new VRS provider due description of the provider’s complaint submit a letter of intent to the fund to the additional costs and burdens that procedures; (5) a narrative describing administrator in order to become might entail in terms of the state’s any areas in which the provider’s eligible to receive compensation. See 47 oversight and audit responsibilities.’’ service will differ from the applicable CFR 64.604(c)(5)(iii)(G) (requiring an Moreover, as Hamilton, Sorenson, and mandatory minimum standards; (6) a eligible provider to notify the TRS Fund the TDI Coalition have suggested, a narrative establishing that services that administrator of its intent to participate federal certification program for VRS differ from the mandatory minimum in the Fund at least 30 days prior to and IP Relay will allow the Commission standards do not violate applicable seeking compensation from the Fund). to ensure that consumers receive high mandatory minimum standards; (7) The Commission further amends 47 quality service without unduly demonstration of status as common CFR 64.605 to provide that the burdening IP Relay and VRS providers. carrier; and (8) a statement that the certification granted under new 47 CFR Sorenson, for example, states that ‘‘a provider will file annual compliance 64.604(c)(5)(iii)(F)(4) shall remain in federal certification process—if properly reports demonstrating continued effect for five years, and that a certified administered—will encourage compliance with these rules. Non- provider must file for renewal at least 90 additional TRS providers to enter the common carriers seeking to offer VRS or days prior to the expiration of market, ensuring the widespread IP Relay may continue to do so by certification by filing the documentation availability of TRS services.’’ joining a certified state program or required for certification. Although the Permitting common carriers to subcontracting with an entity offering Commission proposed a one year provide VRS and IP Relay and receive TRS and eligible for compensation from certification period, the record reflects compensation from the Fund through the Fund. However, the Commission that a five year period is preferable for certification by the Commission furthers requires providers to be common administrative reasons and for the goals of section 225 of the carriers under the Commission consistency with the certification of Communications Act. First, Commission certification procedure adopted in this state programs. See 47 CFR 64.605(c). In certification will allow providers to Report and Order and Order on addition, the Commission amends 47 offer service without contracting with a Reconsideration, because section 225 of CFR 64.605 to provide that it may State or another TRS provider, possibly the Communications Act is expressly suspend or revoke certification if the reducing the cost of providing service. directed at common carriers providing Commission determines that Second, this Report and Order and TRS. See 47 U.S.C. 225(c); see also 47 certification is no longer warranted, and Order on Reconsideration will enhance U.S.C. 225(a)(1) (defining ‘‘common may require certified VRS or IP Relay competition in the provision of VRS and carrier’’ for purposes of Section 225 of providers to submit documentation IP Relay by permitting new entities to the Communications Act). These demonstrating ongoing compliance with offer service, thereby giving consumers procedures largely mirror those Commission rules and all applicable greater choice. In addition, the proposed in the NPRM in the Second TRS mandatory minimum standards. Commission anticipates that new Improved TRS Order. See Second These provisions largely mirror the providers will bring innovation to the Improved TRS Order, 18 FCC Rcd at existing certification requirements for provision of VRS and IP Relay, both 12443–12445, paragraphs 134–140. state TRS programs. with new equipment and new service After review of this documentation, The Commission also amends 47 CFR features. Finally, and more broadly, the Commission shall certify that the 64.605 to require VRS or IP Relay TRS because VRS requires broadband provider is eligible for compensation providers certified under the fourth Internet service, new VRS providers from the Fund if the Commission finds prong to notify the Commission of
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substantive changes in their TRS 225 of the Communications Act: eligible for compensation from the programs, services, and features within ensuring that TRS is available ‘‘to the Fund. The Commission concludes that 60 days of when such changes may extent possible and in the most efficient the public interest is best served by occur, and to certify that they continue manner’’ to persons with hearing and Commission certification of common to meet federal mandatory minimum speech disabilities, 47 U.S.C. 225(b)(1), carriers providing VRS and IP Relay standards after implementing the and ‘‘encourage[ing] * * * the use of service as eligible for Interstate TRS substantive change. Finally, the existing technology and * * * not funding. The Commission finds that by Commission amends 47 CFR 64.605 to discourage[ing] or impair[ing] the so certifying common carriers providing require these certified VRS or IP Relay development of improved technology.’’ VRS and IP Relay services, it will providers to file with the Commission, 47 U.S.C. 225(d)(2). enhance competition in the provision of on an annual basis, a detailed report Order on Reconsideration VRS and IP Relay by permitting new providing evidence of ongoing entities to offer service, thereby giving compliance with all applicable TRS Hands On seeks reconsideration of the consumers greater choice. In addition, mandatory minimum standards. Among Commission’s dismissal in the 2004 the Commission anticipates that new other TRS mandatory minimum TRS Report and Order of its application providers will bring innovation to the standards, the Commission notes that for certification as a VRS provider provision of VRS and IP Relay, both certified VRS or IP Relay providers must eligible for compensation from the with new equipment and new features. comply with 47 CFR 64.604(c)(1), Fund. 2004 TRS Report and Order, 19 Moreover, the Commission does not addressing consumer complaint logs FCC Rcd at 12531, paragraphs 147–148. believe that the certification of and the filing of complaint log Because the Commission adopts a new additional VRS or IP Relay service summaries with the Commission. eligibility rule that permits Hands On to providers will have an appreciable Certified VRS and IP Relay providers seek certification as a VRS provider impact on the required size of the Fund. must also file any annual reports eligible for compensation from the Fund Indeed, the Commission expects that required by the Commission’s waiver of without being part of a certified state Federal certification is likely to reduce applicable mandatory minimum TRS program, the Commission the costs of entry of new service standards. See generally 2004 TRS concludes that this issue is moot. providers (by eliminating the need to Report and Order, 19 FCC Rcd at Final Regulatory Flexibility seek State certification or contracting 12520–12521, paragraph 111. The Certification with a State or another TRS provider), Commission believes that these The Regulatory Flexibility Act of and that additional competition will requirements, taken together, will be 1980, as amended (RFA) requires that a help to lower the cost of VRS and IP sufficient to ensure that providers regulatory flexibility analysis be Relay services. Therefore, given the lack certified under this new provision will prepared for rulemaking proceedings, of a significant economic impact, the offer service in compliance with its unless the agency certifies that ‘‘the rule Commission certifies that the rules, and will also provide a means by will not have a significant economic requirements of the Report and Order which the Commission can monitor impact on a substantial number of small and Order on Reconsideration will not compliance and service quality. The entities.’’ 5 U.S.C. 605(b). The RFA have a significant economic impact on Commission therefore declines to generally defines ‘‘small entity’’ as a substantial number of small entities. require the filing of financial statements having the same meaning as the terms The Commission also notes that, indicating financial stability. The ‘‘small business,’’ ‘‘small organization,’’ arguably, there are not a substantial Commission believes that a provider and ‘‘small governmental jurisdiction.’’ number of small entities that will be meeting the requirements adopted 5 U.S.C. 605(b). In addition, the term affected by our action. The SBA has herein will be sufficiently qualified to ‘‘small business’’ has the same meaning developed a small business size offer VRS or IP Relay without a showing as the term ‘‘small business concern’’ standard for Wired Telecommunications of its financial standing. under the Small Business Act. 5 U.S.C. Carriers, which consists of all such In sum, the Commission has adopted 601(3). Pursuant to 5 U.S.C. 601(3), the firms having 1,500 or fewer employees. a new eligibility category for VRS and statutory definition of a small business 13 CFR 121.201, NAICS code 517110 IP Relay providers seeking applies ‘‘unless an agency, after (changed from 513310 in October 2002). compensation from the Fund to reflect consultation with the Office of According to Census Bureau data for the present reality that the provision of Advocacy of the Small Business 1997, there were 2,225 firms in this TRS is migrating to these Internet-based Administration and after opportunity category which operated for the entire services, and that VRS and IP Relay are for public comment, establishes one or year. U.S. Census Bureau, 1997 presently operated as national services more definitions of such term which are Economic Census, Subject Series: without regard to the provision of appropriate to the activities of the Information, ‘‘Establishment and Firm traditional PSTN-based telephony or the agency and publishes such definition(s) Size (Including Legal Form of physical location of the users and the in the Federal Register.’’ Organization),’’ Table 5, NAICS code relay facilities. Persons with hearing This Report and Order and Order on 513310 (issued October 2000). Of this and speech disabilities, entitled by Reconsideration addresses a petition for total, 2,201 firms had employment of section 225 of the Communications Act reconsideration of the Commission’s 999 or fewer employees, and an to functionally equivalent telephone prior conclusion not to certify common additional 24 firms had employment of services, will benefit by having a greater carriers providing TRS as eligible to 1,000 employees or more. Thus, under choice of VRS and IP Relay providers. receive compensation from the Fund. this size standard, the majority of firms The Commission anticipates that the The Report and Order and Order on can be considered small. (The census addition of new providers will not only Reconsideration reverses the data do not provide a more precise enhance competition, but advance Commission’s prior determination in estimate of the number of firms that technological development, increase this regard and concludes that the have employment of 1,500 or fewer quality of service, and reduce costs. In Commission will certify common employees; the largest category this way, the Commission further fulfills carriers desiring to offer Video Relay provided is ‘‘Firms with 1,000 two statutory mandates under section Service (VRS) as TRS service providers employees or more.’’) Currently, only
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eight providers are providing VRS and Federal Communications Commission. certified state TRS program or any TRS being compensated from the Fund: Marlene H. Dortch, provider otherwise eligible for AT&T, Communication Access Center Secretary. compensation from the Interstate TRS for the Deaf and Hard of Hearing, Fund, and to receive compensation from Hamilton, Hands On, MCI, Nordia, Rule Changes the Interstate TRS Fund, shall submit Sorenson, and Sprint. The Commission I For the reasons discussed in the documentation to the Commission expects that only one of the providers preamble, the Federal Communications addressed to the Federal noted above is a small entity under the Commission amends 47 CFR part 64 as Communications Commission, Chief, SBA’s small business size standard. In follows: Consumer & Governmental Affairs addition, the Interstate Fund Bureau, TRS Certification Program, Administrator is the only entity that PART 64—MISCELLANEOUS RULES Washington, DC 20554, and captioned will be required to pay to eligible RELATING TO COMMON CARRIERS ‘‘VRS and IP Relay Certification providers of VRS and IP Relay services I 1. The authority citation for part 64 Application.’’ The documentation shall the costs of providing interstate service. continues to read as follows: include, in narrative form: The Commission will send a copy of (i) A description of the forms of TRS this Report and Order and Order on Authority: 47 U.S.C. 154, 254(k); secs. to be provided (i.e., VRS and/or IP Reconsideration, including a copy of 403(b)(2)(B), (c), Public Law 104–104, 110 Relay); this Regulatory Flexibility Certification, Stat. 56. Interpret or apply 47 U.S.C. 201, (ii) A description of how the provider 218, 222, 225, 226, 228, and 254(k) unless will meet all non-waived mandatory to the Chief Counsel for Advocacy of the otherwise noted. SBA. 5 U.S.C. 605(b). minimum standards applicable to each I 2. Section 64.604 is amended by form of TRS offered; Congressional Review Act removing the period at the end of (iii) A description of the provider’s The Commission will send a copy of paragraph (c)(5)(iii)(F)(3) and adding procedures for ensuring compliance this Report and Order and Order on ‘‘;or’’ in its place, and by adding with all applicable TRS rules; Reconsideration in a report to be sent to paragraph (c)(5)(iii)(F)(4) to read as (iv) A description of the provider’s Congress and the Government follows: complaint procedures; (v) A narrative describing any areas in Accountability Office pursuant to the § 64.604 Mandatory minimum standards. which the provider’s service will differ Congressional Review Act, see 5 U.S.C. * * * * * from the applicable mandatory 801(a)(1)(A). (c) * * * minimum standards; Ordering Clauses (5) * * * (vi) A narrative establishing that (iii) * * * services that differ from the mandatory Pursuant to the authority contained in (F) * * * minimum standards do not violate sections 1, 2, and 225 of the (4) Video Relay Service (VRS) and applicable mandatory minimum Communications Act of 1934, as Internet Protocol (IP) Relay providers standards; amended, 47 U.S.C. 151, 152, and 225, certified by the Commission pursuant to (vii) Demonstration of status as a this Report and Order, and Order on § 64.605. common carrier; and Reconsideration Is hereby Adopted. * * * * * (viii) A statement that the provider The Petition for Partial I 3. Section 64.605 is revised to read as will file annual compliance reports Reconsideration filed by Hands On Is follows: demonstrating continued compliance moot, as provided herein, to the extent with these rules. it addresses Hands On’s application for § 64.605 VRS and IP Relay Provider and (b) (1) Requirements for state certification as a VRS provider. TRS program certification. certification. After review of state (a) Documentation. (1) Certified state This Report and Order, and Order on documentation, the Commission shall program. Any state, through its office of Reconsideration and the amendments to certify, by letter, or order, the state the governor or other delegated §§ 64.604 and 64.605 of the program if the Commission determines executive office empowered to provide Commission’s rules in the Rule Changes that the state certification TRS, desiring to establish a state shall be effective January 23, 2006, documentation: program under this section shall submit, except for §§ 64.605(a)(2), (c)(2), (e)(2), (i) Establishes that the state program not later than October 1, 1992, (f)(2), and (g), which contains meets or exceeds all operational, documentation to the Commission information collection requirements that technical, and functional minimum addressed to the Federal have not been approved by the Office of standards contained in § 64.604; Communications Commission, Chief, (ii) Establishes that the state program Management and Budget. The Consumer & Governmental Affairs makes available adequate procedures Commission will publish a document in Bureau, TRS Certification Program, and remedies for enforcing the the Federal Register announcing the Washington, DC 20554, and captioned requirements of the state program, effective date. ‘‘TRS State Certification Application.’’ including that it makes available to TRS The Commission’s Consumer & All documentation shall be submitted in users informational materials on state Governmental Affairs Bureau, Reference narrative form, shall clearly describe the and Commission complaint procedures Information Center, shall send a copy of state program for implementing sufficient for users to know the proper this Report and Order, and Order on intrastate TRS, and the procedures and procedures for filing complaints; and Reconsideration, including the remedies for enforcing any requirements (iii) Where a state program exceeds Regulatory Flexibility Certification, to imposed by the state program. The the mandatory minimum standards the Chief Counsel for Advocacy of the Commission shall give public notice of contained in § 64.604, the state U.S. Small Business Administration. states filing for certification including establishes that its program in no way List of Subjects in 47 CFR Part 64 notification in the Federal Register. conflicts with federal law. (2) VRS and IP Relay provider. Any (2) Requirements for VRS and IP Individuals with disabilities, entity desiring to provide VRS or IP Relay Provider FCC Certification. After Telecommunications. Relay services, independent from any review of certification documentation,
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the Commission shall certify, by Public submit documentation demonstrating Atmospheric Administration (NOAA), Notice, that the VRS or IP Relay ongoing compliance with the Commerce. provider is eligible for compensation Commission’s minimum standards if, ACTION: Final rule. from the Interstate TRS Fund if the for example, the Commission receives Commission determines that the evidence that a state program may not SUMMARY: NMFS issues this final rule to certification documentation: be in compliance with the minimum implement Generic Amendment 3 to the (i) Establishes that the provision of standards. Fishery Management Plans (FMPs) of VRS and/or IP Relay will meet or exceed (2) Suspension or revocation of VRS the Gulf of Mexico (EFH Amendment 3), all non-waived operational, technical, and IP Relay Provider FCC certification. which was prepared by the Gulf of and functional minimum standards The Commission may suspend or revoke Mexico Fishery Management Council contained in § 64.604; the certification of a VRS or IP Relay (Council). EFH Amendment 3 amends (ii) Establishes that the VRS and/or IP provider if, after notice and opportunity each of the seven Council FMPs Relay provider makes available for hearing, the Commission determines -shrimp, red drum, reef fish, coastal adequate procedures and remedies for that such certification is no longer migratory pelagic resources, coral and ensuring compliance with the warranted. The Commission may, on its coral reefs, stone crab, and spiny requirements of this section and the own motion, require a certified VRS or lobster- to describe and identify mandatory minimum standards IP Relay provider to submit essential fish habitat (EFH); minimize to contained in § 64.604, including that it documentation demonstrating ongoing the extent practicable the adverse effects makes available for TRS users compliance with the Commission’s of fishing on EFH; and encourage informational materials on complaint minimum standards if, for example, the conservation and management of EFH. procedures sufficient for users to know Commission receives evidence that a This final rule establishes additional the proper procedures for filing certified VRS or IP Relay provider may habitat areas of particular concern complaints; and not be in compliance with the minimum (HAPCs), restricts fishing activities (iii) Where the TRS service differs standards. within HAPCs to protect EFH, and requires a weak link in bottom trawl from the mandatory minimum standards (f) Notification of substantive change. contained in § 64.604, the VRS and/or IP gear to protect EFH. The intended effect (1) States must notify the Commission of Relay provider establishes that its of this final rule is to facilitate long-term substantive changes in their TRS service does not violate applicable protection of EFH and, thus, better programs within 60 days of when they mandatory minimum standards. conserve and manage fishery resources occur, and must certify that the state (c)(1) State certification period. State in the Gulf of Mexico. TRS program continues to meet federal certification shall remain in effect for DATES: This final rule is effective five years. One year prior to expiration minimum standards after implementing the substantive change. January 23, 2006, except for § 622.34(q), of certification, a state may apply for which is effective January 24, 2006. renewal of its certification by filing (2) VRS and IP Relay providers certified under this section must notify ADDRESSES: Copies of the Final documentation as prescribed by Regulatory Flexibility Analysis (FRFA) paragraphs (a) and (b) of this section. the Commission of substantive changes in their TRS programs, services, and are available from Peter Hood, NMFS, (2) VRS and IP Relay Provider FCC Southeast Regional Office, 263 13th certification period. Certification features within 60 days of when such changes occur, and must certify that the Avenue South, St. Petersburg, FL 33701; granted under this section shall remain telephone: 727–824–5305; fax: 727– in effect for five years. A VRS or IP interstate TRS provider continues to meet federal minimum standards after 824–5308; e-mail: Relay provider may apply for renewal of [email protected]. its certification by filing documentation implementing the substantive change. with the Commission, at least 90 days (g) VRS and IP Relay providers FOR FURTHER INFORMATION CONTACT: prior to expiration of certification, certified under this section shall file Peter Hood, telephone: 727–551–5728; containing the information described in with the Commission, on an annual fax: 727–824–5308; e-mail: paragraph (a)(2) of this section. basis, a report providing evidence that [email protected]. (d) Method of funding. Except as they are in compliance with § 64.604. SUPPLEMENTARY INFORMATION: EFH provided in § 64.604, the Commission [FR Doc. 05–24419 Filed 12–22–05; 8:45 am] Amendment 3 addresses fisheries under shall not refuse to certify a state BILLING CODE 6712–01–P the FMPs for coral and coral reef program based solely on the method resources, coastal migratory pelagics, such state will implement for funding red drum, reef fish, shrimp, spiny intrastate TRS, but funding lobster, and stone crab. The FMPs were DEPARTMENT OF COMMERCE mechanisms, if labeled, shall be labeled prepared by the Council, except for the in a manner that promote national National Oceanic and Atmospheric FMPs for coastal migratory pelagics and understanding of TRS and do not offend Administration spiny lobster that were prepared jointly the public. by the South Atlantic and Gulf of (e)(1) Suspension or revocation of 50 CFR Part 622 Mexico Fishery Management Councils. state certification. The Commission may All of these FMPs, except the spiny suspend or revoke such certification if, [Docket No. 050915240–5332–02; I.D. lobster and stone crab FMPs, are after notice and opportunity for hearing, 090905A] implemented under the authority of the the Commission determines that such Magnuson-Stevens Fishery certification is no longer warranted. In RIN 0648–AS66 Conservation and Management Act a state whose program has been Fisheries of the Caribbean, Gulf of (Magnuson-Stevens Act) by regulations suspended or revoked, the Commission Mexico, and South Atlantic; Gulf of at 50 CFR part 622. The Fishery shall take such steps as may be Mexico Essential Fish Habitat Management Plan for the Spiny Lobster necessary, consistent with this subpart, Amendment Fishery of the Gulf of Mexico and South to ensure continuity of TRS. The Atlantic is implemented by regulations Commission may, on its own motion, AGENCY: National Marine Fisheries at 50 CFR part 640. The Fishery require a certified state program to Service (NMFS), National Oceanic and Management Plan for the Stone Crab
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Fishery of the Gulf of Mexico is Response: NMFS recognizes that these NMFS prepared a FRFA that implemented by regulations at 50 CFR gears can damage habitats of some incorporates the initial regulatory part 654. federally managed fishery species. flexibility analysis (IRFA) and a NMFS published a notice of Accordingly, the regulations summary of the analyses completed to availability for EFH Amendment 3 on implemented through this final rule will support the action. No significant issues September 15, 2005, and requested further restrict where and how these were raised by public comments public comment on the amendment (70 gear types can be used. NMFS believes regarding the IRFA or the economic FR 54518). On September 26, 2005, these regulations restrict these gear impacts of the rule. A summary of the NMFS published the proposed rule to types to the extent justified by the FRFA follows. implement EFH Amendment 3 and supporting analyses. This action will identify EFH, identify requested public comment on the Comment 3: Longline fishing and HAPC, and establish gear and fishing proposed rule (70 FR 56157). NMFS anchoring restrictions in the entire restrictions to protect this habitat. The approved EFH Amendment 3 on Pulley Ridge HAPC would be harmful to purpose of this action is to prevent, December 12, 2005. The rationale for the many commercial fishermen dependent minimize, or mitigate adverse fishing measures in EFH Amendment 3 is on this area. impacts to EFH and HAPC. The provided in the amendment and in the Response: As described in the Magnuson-Stevens Act, as amended, preamble to the proposed rule and is not environmental impact statement (EIS) provides the statutory basis for the rule. repeated here. for this amendment, although coral reefs No significant issues were raised by are not common in the Gulf of Mexico, public comments in response to the Comments and Responses they support a wide array of finfish and IRFA or the economic impacts of the Following is a summary of the invertebrate species. Many of these rule. Therefore, no changes were made comments received on EFH Amendment species, such as groupers and snappers, in the final rule as a result of such 3 and the proposed rule along with are important to Gulf of Mexico comments. NMFS′ responses. fisheries. As stated in the amendment No duplicative, overlapping, or conflicting Federal rules have been Comment 1: Restrictions on anchoring and in the EIS, fishermen target these identified. in the Stetson, East Flower Garden, areas because of the abundance of these species. However, fishing activities such All commercial and for-hire fishing West Flower Garden, and McGrail as the use of longlines and anchoring operations in the Gulf of Mexico could Banks HAPCs should be constrained to can damage coral reefs. Longlines, be affected by the final rule either only those areas where coral reefs are particularly during retrieval, can snag directly by altering their gear usage or present, and not areas within the HAPCs corals, thus breaking or upending them. fishing locations, or indirectly by where corals are not present. Dragging and pulling anchors and affecting fishery-wide harvest patterns. Response: As stated in the anchor chains through corals has been These commercial fishing operations amendment, the restrictions on the documented to break and crush coral include the shrimp, reef fish, spiny majority of the areas encompassed formations. Therefore, limiting these lobster, and stone crab fisheries. within East Flower Garden, West Flower activities is necessary to protect this Participation in multiple fisheries by Garden, and Stetson Banks HAPCs are important habitat. individual entities is common. The consistent with restrictions already The deepest hermatypic coral reef mobile and shallow depth-related imposed by the statutes governing the known in American waters is located in nature of fishing for pelagic species Flower Garden Banks National Marine the southern portion of the Pulley Ridge should exclude those operations that Sanctuary (Sanctuary), which has HAPC. The northern area of the HAPC exclusively fish for these species from jurisdiction for these areas. The does not contain living corals, but does the effects of the final rule. However, rationale for slightly larger HAPC show a unique mixed hard bottom operations that fish for both pelagic and boundaries is based on recent habitat. Because the fishing restrictions bottom species will be captured in the bathymetric and biological surveys that outlined in this rule are designed to following discussion. incorporate the entire physical area of protect corals, only part of the southern The Small Business Administration these geological features and that serve half of this HAPC where the corals are (SBA) defines a small business as one as the basis for new boundaries for the abundant was designated for gear and that is independently owned and Sanctuary that will be proposed in the anchoring restrictions. The Council operated and not dominant in its field near future. selected this area because it provided of operation, and has annual receipts McGrail Bank, although not managed the best balance between protecting not in excess of $3.5 million in the case by the Sanctuary, has extensive growth corals while not resulting in substantial of commercial harvesting entities or of reef-building corals. This bank runs economic hardship to any particular $6.0 million in the case of for-hire linearly from the southeast to the fishery or fishing community. entities, or has fewer than 500 northwest. To maximize the protection employees in the case of fish processors, of these corals, north-south and east- Classification or fewer than 100 employees in the case west boundaries capturing the southeast The Administrator, Southeast Region, of fish dealers. and northwest extent of the bank were NMFS, determined that EFH The number of shrimp vessels selected by the Council and NMFS to Amendment 3 is necessary for the operating in the Gulf of Mexico in the aid in enforcement of the area conservation and management of the federal shrimp fishery is estimated to be restrictions, simplify boundaries for the shrimp, red drum, reef fish, coastal approximately 2,951 vessels, while the vessel operators to whom the migratory pelagic resources, coral and number of smaller shrimp boats restrictions apply, and maintain coral reefs, stone crab, and spiny lobster operating in state waters is estimated at consistency with the boundary fisheries and that it is consistent with less than 10,000. However, many of orientation of other northern Gulf of the Magnuson-Stevens Act and other these shrimp fishing operations are not Mexico HAPCs. applicable laws. currently fishing due to a combination Comment 2: Longline gear and bottom This final rule has been determined to of poor economic conditions in the trawls should be restricted because they be not significant for purposes of fishery and the destruction of vessels damage other fisheries. Executive Order 12866. and infrastructure by hurricanes.
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Detailed economic and social Gulf to $550,000 in the western Gulf, or of small entities at a significant information has not been collected from an overall average of $400,000. competitive disadvantage to large Gulf shrimp fishermen for over 10 years, Fish dealers may also be affected by entities? All the business operations although a socioeconomic survey of the the measures in this final rule to the affected by the rule are considered small shrimp fishery is presently underway. extent that the measures affect harvests. business entities, so the issue of The historical estimate of average gross There are 227 Federally permitted reef disproportionality does not arise in the revenues for shrimp vessels is fish dealers in the Gulf region. Average present case. approximately $82,000. Given the employment information per reef fish The profitability question is, do the economic conditions currently dealer is not known. Although dealers regulations significantly reduce profit experienced by the fishery, present and processors are not synonymous for a substantial number of small average revenues are likely substantially entities, total employment in 1997 for entities? The designation of EFH or less. Although there are several reef fish processors in the entire HAPC will not have any direct effect on individuals or corporations that own Southeast was estimated at fishing activity or profits because and operate more than one vessel in the approximately 700 individuals, both designation does not impose fishing shrimp fishery, their actual number and part- and full-time. It is assumed all restrictions. The anchoring prohibition size is not known. processors must be dealers, yet a dealer will primarily affect vessels using There are approximately 1,145 vessels need not be a processor. Further, vertical lines over the live coral areas of permitted to fish in the commercial reef processing is a much more labor- Pulley Ridge, the East and West Flower fish fishery of the Gulf of Mexico. An intensive exercise than dealing. Gardens, and the McGrail Bank. average reef fish vessel is estimated to Therefore, given the employment Landings data do not provide precise generate revenues of approximately estimate for the processing sector, it is harvest or fishing locations, and the $65,000. Average revenue performance assumed that all reef fish dealers are proposed restricted areas generally lie within the fleet varies, however, small businesses. within larger geographical statistical depending upon the gear utilized and In 2002, 626 dealers were identified grids. Total harvests from the grid the area fished, ranging from a low of in the Gulf of Mexico shrimp fishery. within which Pulley Ridge lies (NMFS approximately $24,000 for vertical line This figure was a substantial increase Statistical Area 2) accounted for only vessels fishing in the eastern Gulf to from 1999–2001 when 310 to 320 3.1 percent of average annual total reef $117,000 for bottom longline vessels dealers typically operated in the fishery. fish harvests from 2000–2002 and, fishing Gulf-wide. The increase, however, is believed to although not quantified, similar results In 2001, 2,235 fishermen possessed a represent an attempt by more shrimp are expected for the other protected spiny lobster trap certificate. Total fishermen to market their product areas. Because Pulley Ridge and other revenues in the 2001 fishery were directly in response to depressed market protected areas do not encompass the approximately $15 million, or an conditions. Similar to the reef fish entirety of the statistical areas within average of less than $7,000 per sector, employment data on shrimp which they lie, any harvest reduction fisherman. Landings in 2001 were dealers are not available. Total attributed to the anchoring restriction is markedly lower than historical employment in the shrimp processing expected to be less than the total area performance. Using peak revenues of sector in 2002, however, was contribution. approximately $30 million in 1999 and approximately 4,300 individuals across The prohibition on the use of bottom the same number of fisherman results in 74 firms, with the largest processor trawls, bottom longlines, and buoy gear average revenues of still less than employing less than 500 individuals. will primarily affect fishermen using $14,000 per participant. Thus, as in the reef fish sector, all these gears in the coral areas of Pulley From 1985 to 1994, an average of 720 shrimp dealers are assumed to be small Ridge. As previously stated, the coral fishing craft operated in the stone crab business entities. areas within Pulley Ridge lie completely fishery. Of these craft, an average of 234 Based on the SBA benchmark within NMFS Statistical Area 2. were vessels greater than 5.0 net tons standards and the gross revenue and Logbook data for the entire area show (4.5 net metric tons), and 486 were employment profiles presented above that the value of all longline reef fish smaller boats. More recent estimates are for the various fisheries, all commercial and shark landings from 2000 through not available. The highest annual total and for-hire fishing vessels and reef fish 2003 averaged $662,000, or 4.1 percent ex-vessel revenues from stone crab and shrimp dealers potentially affected of the Gulf-wide total for these species. landings were registered in 1997 at by the final rule are considered small However, it is not anticipated that these $31.9 million, or an average of entities. landings and revenues will be removed approximately $44,000 per vessel. On None of the measures considered in from the fishery because it is expected the assumption that the majority of this rule will alter existing reporting and that most, if not all, of this fishing effort harvests are made by the larger vessels, recordkeeping requirements. None of will relocate to adjacent areas where if all landings are attributed to the the compliance requirements will fishing activity already exceeds that of average of 234 participating larger require additional professional skills. Statistical Area 2. This relocation may vessels, then the average gross revenue The final rule could directly or have some minor, but unquantifiable, would amount to about $136,427. indirectly affect all commercial and for- effect on fishing costs. Relocation of There are approximately 1,857 vessels hire entities that operate in the Gulf of buoy gear fishing will similarly be with for-hire moratorium permits in the Mexico. All of these entities are expected to affect fishing costs. Gulf of Mexico, encompassing both considered small business entities. The However, it is unknown how much, if charter and headboat operations. On final rule will, therefore, affect a any, buoy gear fishing occurs in the average, charter boats are estimated to substantial number of small entities. proposed protected areas. generate gross revenues ranging from The outcome of ‘‘significant economic The prohibition on bottom trawls is $58,000 in the eastern Gulf to $81,000 impact″ can be ascertained by not expected to affect fishing behavior in the western Gulf, or an overall examining two issues: because trawl fishermen are expected to average of $64,000. Headboats are disproportionality and profitability. The currently avoid these areas because estimated to generate gross revenues disproportionality question is, do the shrimp are generally not abundant over ranging from $281,000 in the eastern regulations place a substantial number coral, and the costs associated with gear
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entanglement and damage is not impractical longline set and sinker List of Subjects in 50 CFR Part 622 consistent with efficient trawling restrictions of the second alternative Fisheries, Fishing, Puerto Rico, activity. would not be reduced. Thus, this Reporting and recordkeeping It is not anticipated that any trap alternative would still not have met the requirements, Virgin Islands. fishermen (fish, lobster, or stone crab) Council’s objectives of providing will be impacted by the rule because practical habitat protection while Dated: December 20, 2005. this gear is not believed to be utilized minimizing adverse economic impacts. James W. Balsiger, to any significant degree in the The fourth alternative would have Acting Deputy Assistant Administrator for restricted areas. increased the headrope and vessel Regulatory Programs, National Marine The requirement for a weak link in length restrictions of the third Fisheries Service. the tickler chain of bottom trawls used alternative and prohibited the use of I For the reasons set out in the over all habitats is expected to have tickler chains on all bottoms; the use of preamble, 50 CFR part 622 is amended minor impacts on gear costs and may all traps, pots, bottom longline, and as follows: reduce harvests and increase costs if buoy gear on coral reef; and the use of gear is lost due to entanglement and link anchors on coral. While this alternative PART 622—FISHERIES OF THE separation. Successful trawling would have increased the protection of CARIBBEAN, GULF, AND SOUTH operation encourages the avoidance of habitat relative to the second and third ATLANTIC entanglements. A weak link may alternatives, this alternative would have I 1. The authority citation for part 622 increase this behavior, potentially also unnecessarily reduced the continues to read as follows: changing where trawling occurs, costs of efficiency of trawl gear, thereby operation, and harvest rates. It is not increasing the adverse impacts of the Authority: 16 U.S.C. 1801 et seq. possible, however, to quantify these action on fishery participants. I 2. In § 622.31, paragraph (m) is added effects. The fifth alternative would have to read as follows: Several alternatives were considered prohibited the use of all gear and fishing to the gear restrictions intended to activities that have adverse impacts on § 622.31 Prohibited gear and methods. prevent, minimize, or mitigate adverse essential fish habitat in the EEZ. This * * * * * fishing impacts on the essential fish alternative would have resulted in the (m) Weak link. A bottom trawl that habitat. The no action alternative would greatest protection to the environment. does not have a weak link in the tickler have eliminated the potential adverse However, since virtually all fishing chain may not be used to fish in the impacts of the rule but would not methods except for surface trawling Gulf EEZ. For the purposes of this achieve the Council’s objectives. have the potential to result in adverse paragraph, a weak link is defined as a The second alternative to the gear impacts on essential fish habitat, this length or section of the tickler chain that restrictions would have prohibited alternative would result in whole-scale has a breaking strength less than the bottom trawling over coral reefs, elimination of fisheries, with severe chain itself and is easily seen as such required aluminum doors on trawls, adverse economic impacts. The Council when visually inspected. limited the length and deployment rate determined that such protection would I 3. In § 622.34, paragraph (d) (number of sets per day) of bottom be greater than necessary to protect the introductory text, and paragraphs (d)(1), longline sets on hard bottom, required environment while maintaining and (j) are revised; paragraph (q) is circle hooks on vertical lines and sustainable fisheries. This alternative, reserved; and paragraphs (r), (s), and (t) limited sinker weights, and required therefore, exceeded the objectives of the are added to read as follows: buoys on anchors. This alternative action and would impose an excessive lacked the habitat protection afforded by economic burden on fishery § 622.34 Gulf EEZ seasonal and/or area closures. the anchoring and trap/pot prohibitions participants. of the final rule and would not, The final alternative would have * * * * * therefore, have achieved the habitat established restrictions applicable to (d) Tortugas marine reserves HAPC. protection of the final rule. The Council fishing over live hard bottom and would The following activities are prohibited also concluded that the longline set and have limited the length and deployment within the Tortugas marine reserves sinker restrictions were impractical and rate of bottom longline sets, prohibited HAPC: Fishing for any species and would have increased the adverse trotlines when using traps or pots, bottom anchoring by fishing vessels. economic impacts to fishery prohibited all anchoring, and enacted a (1) EEZ portion of Tortugas North. participants over the final rule. In total, seasonal closure for shrimp trawl The area is bounded by rhumb lines this alternative would not have met the fishing. The longline and anchoring connecting the following points: From Council’s objectives of providing provisions of this alternative are point A at 24°40′00″ N. lat., 83°06′00″ practical habitat protection while impractical, and the longline provisions W. long. to point B at 24°46′00″ N. lat., minimizing adverse economic impacts. could reduce the efficiency of vessels, 83°06′00″ W. long. to point C at The third alternative contained all the thereby increasing adverse economic 24°46′00″ N. lat., 83°00′00″ W. long.; provisions of the second alternative and impacts without clearly demonstrable thence along the line denoting the would have additionally limited tickler benefits. Further, a seasonal shrimp seaward limit of Florida′s waters, as chains, headropes, and vessel length for trawling closure is difficult to justify shown on the current edition of NOAA trawl vessels, and prohibited trotlines given the inability to determine, absent chart 11434, to point A at 24°40′00″ N. when using traps or pots. Although this vessel monitoring systems, exactly lat., 83°06′00″ W. long. alternative would have increased the where fishing effort occurs and the * * * * * habitat protection over the second apparent low fishing pressure in the (j) West and East Flower Garden alternative, this alternative still would areas that are the most likely candidates Banks HAPC. The following activities not have included the full extent of the for closure. Overall, this alternative are prohibited year-round in the HAPC: habitat protection afforded by the would not meet the Council′s objectives Fishing with a bottom longline, bottom anchoring and trap/pot prohibitions fo as well as the final rule. trawl, buoy gear, dredge, pot, or trap the final rule. Further, the adverse Copies of the FRFA are available from and bottom anchoring by fishing economic impacts associated with the NMFS (see ADDRESSES). vessels.
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by fishing vessels are prohibited year- (t) McGrail Bank HAPC. Fishing with (1) West Flower Garden Bank. West round in the area of the HAPC bounded a bottom longline, bottom trawl, buoy Flower Garden Bank is bounded by by rhumb lines connecting, in order, the gear, pot, or trap and bottom anchoring rhumb lines connecting, in order, the following points: by fishing vessels are prohibited year- following points: round in the HAPC, which is bounded Point North lat. West long. by rhumb lines connecting, in order, the Point North lat. West long. following points: A 24°58′18″ 83°38′33″ A 27°55′22.8″ 93°53′09.6″ B 24°58′18″ 83°37′00″ ° ′ ″ ° ′ ″ Point North lat. West long. B 27 55 22.8 93 46 46.0 C 24°41′11″ 83°37′00″ ° ′ ″ ° ′ ″ C 27 49 03.0 93 46 46.0 D 24°40′00″ 83°41′22″ D 27°49′03.0″ 93°53′09.6″ A 27°59′06.0″ 92°37′19.2″ E 24°43′55″ 83°47′15″ A 27°55′22.8″ 93°53′09.6″ B 27°59′06.0″ 92°32′17.4″ A 24°58′18″ 83°38′33″ C 27°55′55.5″ 92°32′17.4″ (2) East Flower Garden Bank. East D 27°55′55.5″ 92°37′19.2″ Flower Garden Bank is bounded by (s) Stetson Bank HAPC. Fishing with A 27°59′06.0″ 92°37′19.2″ rhumb lines connecting, in order, the a bottom longline, bottom trawl, buoy following points: gear, pot, or trap and bottom anchoring [FR Doc. 05–24416 Filed 12–20–05; 1:48 pm] by fishing vessels are prohibited year- BILLING CODE 3510–22–S Point North lat. West long. round in the HAPC, which is bounded by rhumb lines connecting, in order, the ° ′ ″ ° ′ ″ A 27 59 14.4 93 38 58.2 following points: B 27°59′14.4″ 93°34′03.5″ C 27°52′36.5″ 93°34′03.5″ Point North lat. West long. D 27°52′36.5″ 93°38′58.2″ A 27°59′14.4″ 93°38′58.2″ A 28°10′38.3″ 94°18′36.5″ B 28°10′38.3″ 94°17′06.3″ * * * * * C 28°09′18.6″ 94°17′06.3″ (r) Pulley Ridge HAPC. Fishing with a D 28°09′18.6″ 94°18′36.5″ bottom longline, bottom trawl, buoy A 28°10′38.3″ 94°18′36.5″ gear, pot, or trap and bottom anchoring
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Proposed Rules Federal Register Vol. 70, No. 246
Friday, December 23, 2005
This section of the FEDERAL REGISTER accomplish the stated purpose or (202) 273–9026; e-mail through contains notices to the public of the proposed intended effect. Accordingly, VA is www.Regulations.gov. Comments issuance of rules and regulations. The withdrawing the proposal and is should indicate that they are submitted purpose of these notices is to give interested developing a new proposal, which it in response to ‘‘RIN 2900–AM29.’’ All persons an opportunity to participate in the intends to publish at a later date. comments received will be available for rule making prior to the adoption of the final rules. Approved: December 14, 2005. public inspection in the Office of R. James Nicholson, Regulation Policy and Management, Room 1063B, between the hours of 8 Secretary of Veterans Affairs. a.m. and 4:30 p.m., Monday through DEPARTMENT OF VETERANS [FR Doc. E5–7758 Filed 12–22–05; 8:45 am] AFFAIRS Friday (except holidays). Please call BILLING CODE 8320–01–P (202) 273–9515 for an appointment. 38 CFR Parts 3 and 4 FOR FURTHER INFORMATION CONTACT: RIN 2900–AH21 DEPARTMENT OF VETERANS Michelle D.D. Bernstein, Staff Attorney, AFFAIRS Office of General Counsel (022G), Total Disability Ratings Based on Department of Veterans Affairs, 810 Inability of the Individual To Engage in 38 CFR Part 14 Vermont Avenue, NW., Washington, DC Substantially Gainful Employment 20420, (202) 273–6315. (This is not a RIN 2900–AM29 toll-free telephone number.) AGENCY: Department of Veterans Affairs. Accreditation of Service Organization SUPPLEMENTARY INFORMATION: Section ACTION: Withdrawal of proposed rule. Representatives and Agents 5902 of title 38, United States Code, authorizes the Secretary of Veterans SUMMARY: In a document published in AGENCY: Department of Veterans Affairs. Affairs to recognize representatives of the Federal Register at 66 FR 49886 on ACTION: Proposed rule. approved organizations for the October 1, 2001, the Department of preparation, presentation, and Veterans Affairs (VA) proposed to SUMMARY: The Department of Veterans prosecution of claims under laws amend those portions of its adjudication Affairs (VA) proposes to amend its administered by the Secretary. Section regulations and its Schedule for Rating regulations governing accreditation of 5904 of title 38, United States Code, Disabilities dealing with the issue of representatives of claimants for authorizes the Secretary to recognize total disability ratings based on inability veterans’ benefits. These proposed any individual as an agent or attorney of the individual to engage in changes would require that recognized for the preparation, presentation, and substantially gainful employment in organizations periodically recertify the prosecution of claims under laws claims for service-connected qualifications of accredited administered by the Secretary. It further compensation or non-service-connected representatives, and require that VA is authorizes the Secretary to require such pension. This document withdraws that notified when a recognized organization individuals to show that they are of proposed rule. requests cancellation of a good moral character and in good DATES: The proposed rule is withdrawn representative’s accreditation based repute, are qualified to render claimants as of December 23, 2005. upon misconduct or lack of competence, valuable service, and otherwise are FOR FURTHER INFORMATION CONTACT: Beth or if a representative resigns to avoid competent to assist claimants in Easter, Consultant, Policy and cancellation of accreditation for presenting claims as a prerequisite to Regulations Staff, Compensation and misconduct or lack of competence. The recognition. Section 5901 of title 38, Pension Service, Veterans Benefits proposed changes would also require United States Code, prohibits an Administration, 810 Vermont Ave., that accredited claims agents individual from acting as an agent or NW., Washington, DC 20420, telephone periodically reestablish their good attorney in the preparation, (202) 273–7141. character and reputation and presentation, or prosecution of any SUPPLEMENTARY INFORMATION: The qualifications to assist claimants for VA claim under laws administered by the purpose of VA’s notice of proposed benefits. We would also clarify that the Secretary, unless such individual has rulemaking was to clarify the authority to cancel accreditation been recognized for such purposes by procedures and substantive standards includes the authority to suspend the Secretary. The purpose of the for determining whether a veteran’s accreditation for a period of time. The regulation of representatives is to assure disabilities, although they do not meet purpose of these proposed changes is to that claimants for Department of the schedular requirements for a total ensure that claimants for veterans’ Veterans Affairs (VA) benefits have disability rating, nonetheless prevent benefits have responsible, qualified responsible, qualified representation in him or her from engaging in representation in the preparation, the preparation, presentation, and substantially gainful employment. The presentation, and prosecution of claims. prosecution of claims for such benefits. intended effect of the rulemaking was to DATES: Comments must be received on See 38 CFR 14.626. ensure consistency of decisions or before February 21, 2006. The Secretary has promulgated concerning claims for total disability ADDRESSES: Written comments may be regulations specifying criteria that must ratings based upon individual submitted by: mail or hand-delivery to be met for an individual to be approved unemployability. VA has carefully Director, Regulations Management as an accredited representative through considered the issues relating to the (00REG1), Department of Veterans a recognized organization or as an payment of benefits under the proposed Affairs, 810 Vermont Ave., NW., Room accredited claims agent. Pursuant to 38 rule and determined that it does not 1068, Washington, DC 20420; fax to CFR 14.629(a), recognized organizations
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must certify that each prospective the effective date of the rule. warrant the harsher penalty of representative is of good character and Recertification will ensure that permanently canceling the authority to reputation and has demonstrated an claimants for VA benefits continue to represent claimants. ability to represent claimants. In have responsible, qualified Finally, we propose to remove the addition, the organization must certify representation. Requiring recertification requirement in 38 CFR 14.633 that we that the prospective representative is a every five years strikes an appropriate maintain records for three years in a member in good standing or paid balance between the need to assure case that has been under inquiry or employee of the organization or continuing qualifications and the need when accreditation has been canceled or accredited and functioning as a to avoid unnecessary paperwork for suspended because we do not limit our representative of another recognized organizations and the Department. maintenance of such records. Pursuant to 38 CFR 14.633(a), VA may organization. Individuals desiring Paperwork Reduction Act of 1995 accreditation as an agent must establish cancel the accreditation of a their good character and reputation and representative at the request of the In accordance with section 3507(d) of qualifications to assist claimants in the organization that certified the the Paperwork Reduction Act of 1995 preparation of their claims under 38 individual to VA. Under current (44 U.S.C. 3501 et seq.), the information CFR 14.629(b). They must file a specific regulations, when an organization collection requirements included in this application (VA Form 21a) containing requests that VA cancel the proposed regulation are revisions of particular information and achieve a accreditation of one of its existing collections under Office of passing score on a written VA representative’s, the organization need Management and Budget (OMB) Control examination. If, subsequent to having not disclose the reason for requesting No. 2900–0018, which pertains to the been certified or accredited, a cancellation. Individuals may be application for accreditation as a service representative or agent fails to meet any accredited through more than one organization representative, and OMB of these criteria, they would no longer organization, and when one Control No. 2900–0605, which pertains be qualified to represent claimants for organization requests cancellation of a to the application for accreditation as a veterans’ benefits. representative’s accreditation for cause, claims agent. Comments on the such as misconduct or incompetence, it information collections included in this After a period of time, a is desirable that VA and the other proposed rule should be submitted to representative may no longer have the organization or organizations through the Office of Management and Budget, requisite ties to the certifying which the individual is accredited know Attention: Desk Officer for the organization through membership or the basis for the cancellation, so that Department of Veterans Affairs, Office employment to qualify as an accredited they may determine whether the of Information and Regulatory Affairs, representative, the representative may individual should remain accredited Washington, DC 20503, with copies sent not have maintained the skills required through the other organization or by mail or hand delivery to the Director, for effective representation, or organizations. Further, the individual Regulations Management (00REG1)), information may have come to light may later seek accreditation through Department of Veterans Affairs, 810 concerning the representative’s another organization, and this Vermont Avenue, NW, Room 1068, competence or character. Similarly, an information would be valuable to VA in Washington, DC 20420; fax to (202) agent may not have maintained the determining whether to approve the 273–9026; e-mail through skills, competence, or good character accreditation. www.Regulations.gov. Comments required to assist claimants. Therefore, we propose to add a should indicate that they are submitted Consequently, we propose to require requirement to 38 CFR 14.633(a) that in response to ‘‘RIN 2900–AM29,’’ and that recognized organizations any recognized organization requesting must be received on or before February periodically recertify the qualifications that a particular representative’s 21, 2006. of the accredited representatives of the accreditation be cancelled inform VA if Comments by the public on proposed organization and that agents reestablish the reason for such request for collections of information will help VA their character, reputation and cancellation is misconduct or lack of in— qualifications to assist VA benefits competence on the part of the • Evaluating whether the proposed claimants by refiling VA Form 21a and representative or resignation of the collections of information are necessary retaking the written examination. representative to avoid cancellation of for the proper performance of the Recertification of representatives would accreditation for misconduct or lack of functions of the Department, including be accomplished using the same VA competence. Only if VA learns of any whether the information will have Form 21 that is currently used for improper conduct or incompetence on practical utility; requests for accreditation, except that the part of an accredited representative • Evaluating the accuracy of the only the certifying official of the can it investigate and, if necessary, take Department’s estimate of the burden of recognized organization, not the action to terminate accreditation the proposed collections of information, individual representatives, would be through other organizations to assure including the validity of the required to sign the form for purposes that claimants have responsible, methodology and assumptions used; of recertification. The organization qualified representation. • Enhancing the quality, usefulness, would file the form with the VA Office In addition, we propose to clarify that and clarity of the information to be of General Counsel not later than five the authority to cancel accreditation collected; and years after initial accreditation of the includes the authority to suspend • Minimizing the burden of the representative by VA or the most recent accreditation for a period of time. We collections of information on those who recertification of the representative by consider our current authority to cancel are to respond, including through the the organization. Thus, as an initial accreditation to include the lesser use of appropriate automated, requirement under this rule, recognized sanction of suspension, and this electronic, mechanical, or other organizations would be required to amendment would make that clear. technological collection techniques or recertify the character and qualifications Suspension may be appropriate in cases other forms of information technology, of any representative that received VA involving extenuating circumstances or e.g., permitting electronic submission of accreditation five or more years before where misconduct is not so severe as to responses.
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OMB assigns control numbers to anticipate receiving no more than 20 benefit claimants. However, it would collections of information it approves. responses in fiscal year 2006. not have a significant economic impact VA may not conduct or sponsor, and a Estimated frequency of responses: For on these organizations because it would person is not required to respond to, a recertifications under 38 CFR 14.629(a) only impose reporting requirements the collection of information unless it and (b), once every five years. Under 38 costs of which would not be significant. displays a currently valid OMB control CFR 14.633(a), on occasion. Therefore, pursuant to 5 U.S.C. 605(b), number. Estimated average burden per this amendment is exempt from the Title: Accreditation of Service response: For recertifications under 38 initial and final regulatory flexibility Organization Representatives and CFR 14.629(a), 10 minutes. Under 38 analysis requirements of sections 603 Agents. CFR 14.629(b), 10 minutes. Under 38 and 604. CFR 14.633(a), 30 minutes. Summary of collection of information: Unfunded Mandates • Section 14.629(a)—Under this Estimated total annual reporting section, VA requires the individual and burden: For recertifications under 38 The Unfunded Mandates Reform Act organization seeking accreditation to CFR 14.629(a), 393 hours in fiscal year of 1995 requires, at 2 U.S.C. 1532, that provide basic information 2006. Under 38 CFR 14.629(b), no more agencies prepare an assessment of demonstrating eligibility for than 2 hours in fiscal year 2006. Under anticipated costs and benefits before accreditation and VA requires the 38 CFR 14.633(a), 10 hours in fiscal year issuing any rule that may result in the sponsoring recognized organization to 2006. expenditure by State, local, and tribal certify that the individual is of good Executive Order 12866—Regulatory governments, in the aggregate, or by the character and is qualified to present Planning and Review private sector, of $100 million or more (adjusted annually for inflation) in any claims. VA proposes to require VA has examined the economic recognized veterans service one year. This proposed rule would implications of this proposed rule as have no such effect on State, local, and organizations to recertify the required by Executive Order 12866. qualifications of accredited tribal governments, or on the private Executive Order 12866 directs agencies sector. representatives of the organization every to assess all costs and benefits of five years. Catalog of Federal Domestic Assistance • available regulatory alternatives and, Section 14.629(b)—Under this when regulation is necessary, to select Numbers section, VA requires individuals seeking regulatory approaches that maximize There are no Federal Domestic accreditation to establish their good net benefits (including potential Assistance programs associated with character, reputation, and qualifications economic, environmental, public health this proposal. to present claims. VA proposes to and safety, and other advantages; require agents to reestablish their good distributive impacts; and equity). List of Subjects in 38 CFR Part 14 character and qualifications by filing VA Executive Order 12866 classifies a rule Administrative practice and Form 21a and passing a written VA as significant if it meets any one of a procedure, Claims, Courts, Foreign examination every five years. • number of specified conditions, relations, Government employees, Section 14.633(a)—Under this including: having an annual effect on Lawyers, Legal services, Organization section, VA proposes to require the economy of $100 million, adversely and functions (Government agencies), recognized veterans service affecting a sector of the economy in a Reporting and recordkeeping organizations to inform VA of the reason material way, adversely affecting requirements, Surety bonds, Trusts and for a request to cancel a representative’s competition, or adversely affecting jobs. trustees, Veterans. accreditation under certain A regulation is also considered a circumstances. Approved: September 12, 2005. significant regulatory action if it raises Gordon H. Mansfield, Description of need for information novel legal or policy issues. and proposed use of information: The VA concludes that this proposed rule Deputy Secretary of Veterans Affairs. collections of information are necessary is a significant regulatory action under For the reasons set out in the to ensure that claimants for VA benefits the Executive Order since it raises novel preamble, VA proposes to amend 38 have responsible, qualified legal and policy issues under Section CFR part 14 as follows: representation in the preparation, 3(f)(4). VA concludes, however, that this PART 14—LEGAL SERVICES, presentation, and prosecution of claims. proposed rule does not meet the VA will use this information to GENERAL COUNSEL, AND significance threshold of $100 million MISCELLANEOUS CLAIMS determine whether particular effect on the economy in any one year individuals are qualified to represent under Section 3(f)(1). VA requests 1. The authority citation for part 14 claimants before VA. comments regarding this determination, continues to read as follows: Description of likely respondents: and invites commenters to submit any Authority: 5 U.S.C. 301; 28 U.S.C. 2671– Individuals applying for accreditation as relevant data that will assist the agency 2680; 38 U.S.C. 501(a), 512, 515, 5502, 5902– agents and service organization in estimating the impact of this 5905; 28 CFR part 14, appendix to part 14, representatives and recognized service rulemaking. unless otherwise noted. organizations that request accreditation 2. Revise § 14.629(a) introductory text, of representatives or that have Regulatory Flexibility Act (b)(1) introductory text, and (b)(2) to representatives accredited to represent The Secretary hereby certifies that read as follows: claimants for VA benefits. this proposed rule would not have a Estimated number of respondents: For significant economic impact on a § 14.629 Requirements for accreditation of recertifications under 38 CFR 14.629(a), substantial number of small entities as service organization representatives; we anticipate receiving 2,360 responses they are defined in the Regulatory agents; and attorneys. in fiscal year 2006. For recertifications Flexibility Act, 5 U.S.C. 601 et seq. This * * * * * under 38 CFR 14.629(b), we anticipate proposed rule would affect the 87 (a) Service Organization receiving 8 responses in fiscal year veterans service organizations and 42 Representatives. A recognized 2006. Under 38 CFR 14.633(a), we agents recognized by VA to represent organization shall file with the Office of
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the General Counsel VA Form 21 § 14.633 Termination of accreditation of repellant benzaldehyde. EPA canceled (Application for Accreditation as agents, attorneys, and representatives. food use registrations or deleted food Service Organization Representative) for (a) Accreditation may be canceled at uses from registrations following each person it desires accredited as a the request of an agent, attorney, requests for voluntary cancellation or representative of that organization. For representative, or canceled or use deletion by the registrants, or non- each of its accredited representatives, a suspended at the request of an payment of registration maintenance recognized organization shall complete organization. When an organization fees. Also, stakeholders have withdrawn and file with the Office of the General requests cancellation of the their support for import tolerances for Counsel, not later than five years after accreditation of a representative due to captafol and hexaconazole. EPA expects initial accreditation through that misconduct or lack of competence on to determine whether any individuals or organization or the most recent the part of the representative or because groups want to support these tolerances. recertification by that organization, VA the representative resigned to avoid The regulatory actions proposed in this Form 21 to certify that the cancellation of accreditation for document contribute toward the representative continues to meet the misconduct or lack of competence, the Agency’s tolerance reassessment criteria for accreditation specified in organization shall inform VA of the requirements under the Federal Food, paragraph (a)(1), (2) and (3) of this reason for the request for cancellation Drug, and Cosmetic Act (FFDCA) section. In recommending a person, the and the facts and circumstances section 408(q), as amended by the Food organization shall certify that the surrounding any incident that led to the Quality Protection Act (FQPA) of 1996. designee: request. By law, EPA is required by August 2006 * * * * * * * * * * to reassess the tolerances that were in existence on August 2, 1996. The (b) * * * (1) An individual desiring (e) * * * regulatory actions proposed in this accreditation as an agent must establish (2) * * * document pertain to the proposed and demonstrate that he or she is of (i) As to representatives, suspend revocation of 39 tolerances and good character and reputation and is accreditation immediately and notify tolerance exemptions of which 38 qualified to render assistance to the representative and the would be counted as tolerance claimants in the presentation of their representative’s organization of the reassessments toward the August 2006 claims(s). All accredited agents must interim suspension and of an intent to review deadline. seek reaccreditation every five years. An cancel or continue suspension of individual desiring accreditation or accreditation. The notice to the DATES: Comments must be received on reaccreditation as an agent must file a representative will also state the reasons or before February 21, 2006. for the interim suspension and completed application with the Office of ADDRESSES: Submit your comments, impending cancellation or continuation the General Counsel on VA Form 21a on identified by docket identification (ID) of suspension, and inform the which the applicant submits the number EPA-HQ-OPP–2005–0322, by representative of a right to request a following: one of the following methods: hearing on the matter or to submit * * * * * • additional evidence within 10 working Federal eRulemaking Portal: http:// (2) Applicants for accreditation or days following receipt of such notice. www.regulations.gov/. Follow the on- reaccreditation must achieve a score of Such time may be extended for a line instructions for submitting 75 percent or more on a written reasonable period upon a showing of comments. • examination administered by VA as a sufficient cause. Agency Web Site: EDOCKET, EPA’s electronic public docket and comment prerequisite to accreditation and must * * * * * achieve such score at least every five system was replaced on November 25, years to maintain accreditation. No [FR Doc. E5–7759 Filed 12–22–05; 8:45 am] 2005, by an enhanced federal-wide applicant shall be allowed to sit for the BILLING CODE 8320–01–P electronic docket management and examination more than twice in any 6- comment system located at http:// month period. www.regulations.gov/. Follow the on- ENVIRONMENTAL PROTECTION (Authority: 38 U.S.C. 501(a), 5940) line instructions. AGENCY • * * * * * E-mail: Comments may be sent by 40 CFR Part 180 e-mail to [email protected], 3. Section 14.633 is amended by: Attention: Docket ID Number EPA-HQ- a. Revising paragraphs (a) and [EPA-HQ-OPP–2005–0322; FRL–7751–3] OPP–2005–0322. (e)(2)(i). • Mail: Public Information and Benzaldehyde, Captafol, b. In paragraphs (b), (c) introductory Records Integrity Branch (PIRIB) Hexaconazole, Paraformaldehyde, (7502C), Office of Pesticide Programs text, and (d), adding ‘‘or suspended’’ Sodium dimethyldithiocarbamate, and after ‘‘canceled’’ each time it appears. (OPP), Environmental Protection Tetradifon; Proposed Tolerance Agency, 1200 Pennsylvania Ave., NW., c. In paragraph (e)(1), removing ‘‘and Actions maintain the record for 3 years’’. Washington, DC 20460–0001, Attention: AGENCY: Environmental Protection Docket ID Number EPA-HQ-OPP–2005– d. In paragraph (e)(2)(ii), adding ‘‘or 0322. suspension’’ after ‘‘cancellation’’ and Agency (EPA). • Hand Delivery: Public Information ‘‘or suspended’’ after ‘‘cancel’’ each time ACTION: Proposed rule. and Records Integrity Branch (PIRIB), it appears. SUMMARY: EPA is proposing to revoke Office of Pesticide Programs (OPP), e. In paragraph (g), adding ‘‘or specific tolerances and tolerance Environmental Protection Agency, Rm. suspension or continuation of exemptions for residues of the 119, Crystal Mall #2, 1801 S. Bell St., suspension’’ after ‘‘termination’’, and by insecticides paraformaldehyde and Arlington, VA, Attention: Docket ID removing the last sentence of the tetradifon; fungicides captafol, Number EPA-HQ-OPP–2005–0322. Such paragraph. hexaconazole, and sodium deliveries are only accepted during the The revisions read as follows: dimethyldithiocarbamate; and bee Docket’s normal hours of operation, and
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special arrangements should be made FOR FURTHER INFORMATION CONTACT: disk or CD ROM as CBI and then for deliveries of boxed information. Joseph Nevola, Special Review and identify electronically within the disk or Instructions: Direct your comments to Reregistration Division (7508C), Office CD ROM the specific information that is docket ID number EPA-HQ-OPP–2005– of Pesticide Programs, Environmental claimed as CBI. In addition to one 0322. EPA’s policy is that all comments Protection Agency, 1200 Pennsylvania complete version of the comment that received will be included in the public Ave, NW., Washington, DC 20460–0001; includes information claimed as CBI, a docket without change and may be telephone number: (703) 308–8037; e- copy of the comment that does not made available online at http:// mail address:[email protected]. contain the information claimed as CBI www.epa.gov/edocket/, including any SUPPLEMENTARY INFORMATION: must be submitted for inclusion in the personal information provided, unless public docket. Information so marked the comment includes information I. General Information will not be disclosed except in claimed to be Confidential Business A. Does this Action Apply to Me? accordance with procedures set forth in Information (CBI) or other information 40 CFR part 2. You may be potentially affected by whose disclosure is restricted by statute. 2. Tips for preparing your comments. this action if you are an agricultural Do not submit information that you When submitting comments, remember producer, food manufacturer, or consider to be CBI or otherwise to: pesticide manufacturer. Potentially protected through EDOCKET, i. Identify the rulemaking by docket affected entities may include, but are regulations.gov, or e-mail. The EPA ID number and other identifying not limited to: EDOCKET and the regulations.gov information (subject heading, Federal websites are ‘‘anonymous access’’ • Crop production (NAICS code 111) • Animal production (NAICS code Register date, and page number). systems, which means EPA will not ii. Follow directions. The Agency may know your identity or contact 112) • Food manufacturing (NAICS code ask you to respond to specific questions information unless you provide it in the or organize comments by referencing a body of your comment. If you send an 311) • Pesticide manufacturing (NAICS Code of Federal Regulations (CFR) part e-mail comment directly to EPA without or section number. going through EDOCKET or code 32532) This listing is not intended to be iii. Explain why you agree or disagree; regulations.gov, your e-mail address suggest alternatives and substitute will be automatically captured and exhaustive, but rather provides a guide language for your requested changes. included as part of the comment that is for readers regarding entities likely to be iv. Describe any assumptions and placed in the public docket and made affected by this action. Other types of provide any technical information and/ available on the Internet. If you submit entities not listed in this unit could also or data that you used. an electronic comment, EPA be affected. The North American recommends that you include your Industrial Classification System v. If you estimate potential costs or name and other contact information in (NAICS) codes have been provided to burdens, explain how you arrived at the body of your comment and with any assist you and others in determining your estimate in sufficient detail to disk or CD ROM you submit. If EPA whether this action might apply to allow for it to be reproduced. cannot read your comment due to certain entities. To determine whether vi. Provide specific examples to technical difficulties and cannot contact you or your business may be affected by illustrate your concerns, and suggest you for clarification, EPA may not be this action, you should carefully alternatives. able to consider your comment. examine the applicability provisions in vii. Explain your views as clearly as Electronic files should avoid the use of Unit II.A. If you have any questions possible, avoiding the use of profanity special characters, any form of regarding the applicability of this action or personal threats. encryption, and be free of any defects or to a particular entity, consult the person viii. Make sure to submit your viruses. For additional information listed under FOR FURTHER INFORMATION comments by the comment period about EPA’s public docket visit CONTACT. deadline identified. EDOCKET on-line or see the Federal B. How Can I Access Electronic Copies D. What Can I do if I Wish the Agency Register of May 31, 2002 (67 FR 38102) of This Document and Other Related to Maintain a Tolerance That the (FRL–7181–7). Agency Proposes to Revoke? Docket: All documents in the docket Information? are listed in the EDOCKET index at In addition to using EDOCKET(http:// This proposed rule provides a http://www.epa.gov/edocket/. Although www.epa.gov/edocket/), you may access comment period of 60 days for any listed in the index, some information is this Federal Register document person to state an interest in retaining not publicly available, i.e., CBI or other electronically through the EPA Internet a tolerance proposed for revocation. If information whose disclosure is under the ‘‘Federal Register’’ listings EPA receives a comment within the 60– restricted by statute. Certain other athttp://www.epa.gov/fedrgstr/. A day period to that effect, EPA will not material, such as copyrighted material, frequently updated electronic version of proceed to revoke the tolerance is not placed on the Internet and will be 40 CFR part 180 is available at E-CFR immediately. However, EPA will take publicly available only in hard copy Beta Site Two athttp:// steps to ensure the submission of any form. Publicly available docket www.gpoaccess.gov/ecfr/. needed supporting data and will issue materials are available either an order in the Federal Register under electronically in EDOCKET or in hard C. What Should I Consider as I Prepare FFDCA section 408(f) if needed. The copy at the Public Information and My Comments for EPA? order would specify data needed and Records Integrity Branch (PIRIB), Rm. 1.Submitting CBI. Do not submit this the time frames for its submission, and 119, Crystal Mall #2, 1801 S. Bell St., information to EPA through EDOCKET, would require that within 90 days some Arlington, VA. This Docket Facility is regulations.gov, or e-mail. Clearly mark person or persons notify EPA that they open from 8:30 a.m. to 4 p.m., Monday the part or all of the information that will submit the data. If the data are not through Friday, excluding legal you claim to be CBI. For CBI submitted as required in the order, EPA holidays. The Docket telephone number information in a disk or CD ROM that will take appropriate action under is (703) 305–5805. you mail to EPA, mark the outside of the FFDCA.
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EPA issues a final rule after comment received from the Republic of In the Federal Register of January 24, considering comments that are Indonesia by stating that the Agency 2003 (68 FR 3425)(FRL–7187–3), EPA submitted in response to this proposed would not take final action on the three published a final rule and responded to rule. In addition to submitting tolerances in 40 CFR 180.267 for Uniroyal’s comment by stating that the comments in response to this proposal, residues of captafol on onion, potato, Agency would not take final action on you may also submit an objection at the and tomato at that time. In April 2005, the tetradifon tolerances in 40 CFR time of the final rule. If you fail to file EPA determined that captafol has not 180.174 at that time. During follow-up an objection to the final rule within the been registered in Indonesia since 1998. communication, EPA received a letter time period specified, you will have Also, the Indonesian Ministry of from Crompton Corporation (now waived the right to raise any issues Agriculture verified that it no longer has Chemtura Corporation) that it no longer resolved in the final rule. After the a continuing interest in the three supports retention of the tolerances for specified time, issues resolved in the captafol tolerances for importation tetradifon. Therefore, EPA is proposing final rule cannot be raised again in any purposes. Therefore, EPA is proposing to revoke all the tolerances in 40 CFR subsequent proceedings. to revoke the tolerances in 40 CFR 180.174 for residues of the insecticide 180.267 for residues of the fungicide tetradifon in or on apple; apricot; II. Background captafol in or on onion, potato, and cherry; citron, citrus; crabapples; A. What Action is the Agency Taking? tomato. cucumber; fig; fig, dried fruit; grapefruit; 3. Hexaconazole. There have been no grape; hop, dried; hop, vine; lemon; EPA is proposing to revoke certain active U.S. registrations for lime; meat; melon; milk; nectarine; specific tolerances and tolerance hexaconazole on banana since 1992. orange, sweet; peach; pear; peppermint; exemptions for residues of the Recently, Syngenta has informed EPA plum, prune, fresh; pumpkin; quince; insecticides paraformaldehyde and that it has voluntarily chosen to no spearmint, tops; strawberry; tangerine; tetradifon; fungicides captafol, longer support the hexaconazole tea, dried; tomato; and winter squash. hexaconazole, and sodium tolerance on banana for the purpose of dimethyldithiocarbamate; and bee importation. Consequently, the B. What is the Agency’s Authority for repellant benzaldehyde because these tolerance is no longer needed. Taking This Action? specific tolerances and tolerance Therefore, EPA is proposing to revoke A ‘‘tolerance’’ represents the exemptions correspond to uses which the tolerance in 40 CFR 180.488 for maximum level for residues of pesticide are no longer current or registered under residues of the fungicide hexaconazole chemicals legally allowed in or on raw FIFRA in the United States, or no longer in or on banana. agricultural commodities and processed supported as import tolerances. It is 4. Paraformaldehyde. The last active foods. Section 408 of FFDCA, 21 U.S.C. EPA’s general practice to propose registration for paraformaldehyde use as 346a, as amended by the FQPA of 1996, revocation of those tolerances for an insecticide for the soil treatment of Public Law 104–170, authorizes the residues of pesticide active ingredients sugar beets was canceled in 1989 due to establishment of tolerances, exemptions on crop uses for which there are no non-payment of the maintenance fee, from tolerance requirements, active registrations under FIFRA, unless and therefore the tolerance exemptions modifications in tolerances, and any person in comments on the are no longer needed. EPA is proposing revocation of tolerances for residues of proposal indicates a need for the to revoke the tolerance exemptions in 40 pesticide chemicals in or on raw tolerance to cover residues in or on CFR 180.1024 for residues of the agricultural commodities and processed imported commodities or domestic insecticide paraformaldehyde in or on foods. Without a tolerance or commodities legally treated. beet, sugar, roots and beet, sugar, tops, exemption, food containing pesticide 1. Benzaldehyde. The last active when applied to the soil not later than residues is considered to be unsafe and registration for use of benzaldehyde as planting. therefore ‘‘adulterated’’ under section a bee repellant in the harvesting of 5. Sodium dimethyldithiocarbamate. 402(a) of the FFDCA, 21 U.S.C. 342(a). honey was canceled in 1991 due to non- The last active registration for use of Such food may not be distributed in payment of the maintenance fee, and sodium dimethyldithiocarbamate on interstate commerce (21 U.S.C. 331(a)). therefore the tolerance exemption is no melons was canceled in 1993 due to For a food-use pesticide to be sold and longer needed. EPA is proposing to non-payment of the maintenance fee, distributed, the pesticide must not only revoke the tolerance exemption in 40 and therefore the tolerance is no longer have appropriate tolerances under the CFR 180.1229 for residues of needed. EPA is proposing to revoke the FFDCA, but also must be registered benzaldehyde when used as a bee tolerance in 40 CFR 180.152 for residues under FIFRA (7 U.S.C. 136 et seq.). repellant in the harvesting of honey. of the fungicide sodium Food-use pesticides not registered in the 2. Captafol. The Republic of dimethyldithiocarbamate, calculated as United States must have tolerances in Indonesia’s Indonesian Ministry of zinc ethylenebisdithiocarbamate, in or order for commodities treated with Agriculture had commented to a on melon. those pesticides to be imported into the proposed rule to revoke tolerances for 6. Tetradifon. The last tetradifon United States. captafol and several other pesticides, registrations were canceled in 1990 due EPA’s general practice is to propose published in the Federal Register of to non-payment of maintenance fees. revocation of tolerances for residues of June 9, 1993 (58 FR 32320)(FRL–4183– Uniroyal Chemical Company (which pesticide active ingredients on crops for 6). The commenter had stated that the later became part of Crompton which FIFRA registrations no longer use of captafol was being reevaluated in Corporation) had commented to a exist and on which the pesticide may that country, might undergo a phase out, proposed revocation of tetradifon therefore no longer be used in the and requested that EPA not revoke the tolerances published in the Federal United States. EPA has historically been onion, potato, and tomato tolerances in Register of August 1, 2001 (66 FR concerned that retention of tolerances 40 CFR 180.267. In the Federal Register 39705)(FRL–6786–4). Uniroyal noted that are not necessary to cover residues of July 21, 1999 (64 FR 39049)(FRL– that it had submitted certain studies to in or on legally treated foods may 6092–7), EPA published a final rule in EPA in 1998 and 1996, and requested encourage misuse of pesticides within which it revoked specific captafol that EPA not revoke any of the the United States. Nonetheless, EPA tolerances and responded to the 1993 tetradifon tolerances in 40 CFR 180.174. will establish and maintain tolerances
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even when corresponding domestic uses C. When do These Actions Become foods meet the food safety standard are canceled if the tolerances, which Effective? established by the FFDCA. The same EPA refers to as ‘‘import tolerances,’’ are EPA is proposing that revocation of food safety standards apply to necessary to allow importation into the these tolerances and tolerance domestically produced and imported United States of food containing such exemptions become effective on the date foods. EPA is working to ensure that the U.S. pesticide residues. However, where of publication of the final rule in the tolerance reassessment program under there are no imported commodities that Federal Register because their require these import tolerances, the FQPA does not disrupt international associated uses have been canceled for trade. EPA considers Codex Maximum Agency believes it is appropriate to several years. The Agency believes that Residue Limits (MRLs) in setting U.S. revoke tolerances for unregistered treated commodities have had sufficient tolerances and in reassessing them. pesticides in order to prevent potential time for passage through the channels of MRLs are established by the Codex misuse. trade. However, if EPA is presented Committee on Pesticide Residues, a Furthermore, as a general matter, the with information that existing stocks committee within the Codex Agency believes that retention of import would still be available and that Alimentarius Commission, an tolerances not needed to cover any information is verified, the Agency will international organization formed to consider extending the expiration date imported food may result in promote the coordination of of the tolerance. If you have comments unnecessary restriction on trade of international food standards. It is EPA’s regarding existing stocks and whether pesticides and foods. Under section 408 policy to harmonize U.S. tolerances the effective date allows sufficient time with Codex MRLs to the extent possible, of the FFDCA, a tolerance may only be for treated commodities to clear the established or maintained if EPA provided that the MRLs achieve the channels of trade, please submit level of protection required under determines that the tolerance is safe comments as described under based on a number of factors, including FFDCA. EPA’s effort to harmonize with SUPPLEMENTARY INFORMATION. Codex MRLs is summarized in the an assessment of the aggregate exposure Any commodities listed in this tolerance reassessment section of to the pesticide and an assessment of proposal treated with the pesticides individual Reregistration Eligibility the cumulative effects of such pesticide subject to this proposal, and in the Decision documents. EPA has and other substances that have a channels of trade following the developed guidance concerning common mechanism of toxicity. In tolerance revocations, shall be subject to submissions for import tolerance doing so, EPA must consider potential FFDCA section 408(1)(5), as established support (65 FR 35069, June 1, 2000) contributions to such exposure from all by FQPA. Under this section, any (FRL–6559–3). This guidance will be tolerances. If the cumulative risk is such residues of these pesticides in or on made available to interested persons. that the tolerances in aggregate are not such food shall not render the food Electronic copies are available on the safe, then every one of these tolerances adulterated so long as it is shown to the internet at http://www.epa.gov/. On the is potentially vulnerable to revocation. satisfaction of the Food and Drug Home Page select ‘‘Laws, Regulations, Furthermore, if unneeded tolerances are Administration that: (1) The residue is and Dockets,’’ then select ‘‘Regulations included in the aggregate and present as the result of an application or and Proposed Rules’’ and then look up cumulative risk assessments, the use of the pesticide at a time and in a the entry for this document under estimated exposure to the pesticide manner that was lawful under FIFRA, ‘‘Federal Register—Environmental would be inflated. Consequently, it may and (2) the residue does not exceed the Documents.’’ You can also go directly to be more difficult for others to obtain level that was authorized at the time of the ‘‘Federal Register’’ listings at http:// needed tolerances or to register needed the application or use to be present on www.epa.gov/fedrgstr/. the food under a tolerance or exemption new uses. To avoid potential trade from tolerance. Evidence to show that IV. Statutory and Executive Order restrictions, the Agency is proposing to food was lawfully treated may include Reviews revoke tolerances for residues on crops records that verify the dates when the In this proposed rule, EPA is uses for which FIFRA registrations no pesticide was applied to such food. proposing to revoke specific tolerances longer exist, unless someone expresses and tolerance exemptions established a need for such tolerances. Through this D. What Is the Contribution to Tolerance under FFDCA section 408. The Office of proposed rule, the Agency is inviting Reassessment? Management and Budget (OMB) has individuals who need these import By law, EPA is required by August exempted this type of action (i.e., tolerances to identify themselves and 2006 to reassess the tolerances in tolerance revocation for which the tolerances that are needed to cover existence on August 2, 1996. As of extraordinary circumstances do not imported commodities. December 8, 2005, EPA has reassessed exist) from review under Executive Parties interested in retention of the over 7,820 tolerances. This document Order 12866, entitled Regulatory tolerances should be aware that proposes to revoke a total of 39 Planning and Review (58 FR 51735, October 4, 1993). Because this proposed additional data may be needed to tolerances and tolerance exemptions of rule has been exempted from review support retention. These parties should which 38 would be counted as tolerance reassessments toward the August 2006 under Executive Order 12866 due to its be aware that, under FFDCA section review deadline of FFDCA section lack of significance, this proposed rule 408(f), if the Agency determines that 408(q), as amended by FQPA in 1996. is not subject to Executive Order 13211, additional information is reasonably entitled Actions Concerning Regulations required to support the continuation of III. Are The Proposed Actions That Significantly Affect Energy Supply, a tolerance, EPA may require that Consistent With International Distribution, or Use (66 FR 28355, May parties interested in maintaining the Obligations? 22, 2001). This proposed rule does not tolerances provide the necessary The tolerance revocations in this contain any information collections information. If the requisite information proposal are not discriminatory and are subject to OMB approval under the is not submitted, EPA may issue an designed to ensure that both Paperwork Reduction Act (PRA), 44 order revoking the tolerance at issue. domestically-produced and imported U.S.C. 3501 et seq., or impose any
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enforceable duty or contain any Federalism (64 FR 43255, August 10, PART 180—[AMENDED] unfunded mandate as described under 1999). Executive Order 13132 requires Title II of the Unfunded Mandates EPA to develop an accountable process 1. The authority citation for part 180 Reform Act of 1995 (UMRA) (Public to ensure ‘‘meaningful and timely input continues to read as follows: Law 104–4). Nor does it require any by State and local officials in the Authority: 21 U.S.C. 321(q), 346a and 371. special considerations as required by development of regulatory policies that have federalism implications.’’ ‘‘Policies §§ 180.152, 180.174, 180.267, 180.488, Executive Order 12898, entitled Federal 180.1024 and 180.1229 [Removed] Actions to Address Environmental that have federalism implications’’ is Justice in Minority Populations and defined in the Executive order to 2. Sections 180.152, 180.174, 180.267, Low-Income Populations (59 FR 7629, include regulations that have 180.488, 180.1024 and 180.1229 are February 16, 1994); or OMB review or ‘‘substantial direct effects on the States, removed. any other Agency action under on the relationship between the national [FR Doc. E5–7693 Filed 12–22–05; 8:45 am] Executive Order 13045, entitled government and the States, or on the BILLING CODE 6560–50–S Protection of Children from distribution of power and Environmental Health Risks and Safety responsibilities among the various Risks (62 FR 19885, April 23, 1997). levels of government.’’ This proposed DEPARTMENT OF TRANSPORTATION This action does not involve any rule directly regulates growers, food Pipeline and Hazardous Materials technical standards that would require processors, food handlers and food Safety Administration Agency consideration of voluntary retailers, not States. This action does not consensus standards pursuant to section alter the relationships or distribution of 49 CFR Chapter I, Subchapter B 12(d) of the National Technology power and responsibilities established Transfer and Advancement Act of 1995 by Congress in the preemption [Docket No. PHMSA–91–13289 (FS–1)] provisions of section 408(n)(4) of the (NTTAA), Public Law 104–113, section RIN 2137–AC00 12(d) (15 U.S.C. 272 note). Pursuant to FFDCA. For these same reasons, the the Regulatory Flexibility Act (RFA) (5 Agency has determined that this Safeguarding Food From U.S.C. 601 et seq.), the Agency proposed rule does not have any ‘‘tribal Contamination During Transportation previously assessed whether revocations implications’’ as described in Executive of tolerances might significantly impact Order 13175, entitled Consultation and AGENCY: Pipeline and Hazardous a substantial number of small entities Coordination with Indian Tribal Materials Safety Administration and concluded that, as a general matter, Governments (65 FR 67249, November (PHMSA), DOT. these actions do not impose a significant 6, 2000). Executive Order 13175, ACTION: Withdrawal of notices of economic impact on a substantial requires EPA to develop an accountable proposed rulemaking. number of small entities. This analysis process to ensure ‘‘meaningful and was published on December 17, 1997 timely input by tribal officials in the SUMMARY: The Pipeline and Hazardous (62 FR 66020), and was provided to the development of regulatory policies that Materials Safety Administration Chief Counsel for Advocacy of the Small have tribal implications.’’ ‘‘Policies that (PHMSA), the successor agency to the Business Administration. Taking into have tribal implications’’ is defined in Research and Special Programs account this analysis, and available the Executive order to include Administration (RSPA), is withdrawing information concerning the pesticides regulations that have ‘‘substantial direct the notice of proposed rulemaking listed in this proposed rule, the Agency effects on one or more Indian tribes, on published on May 21, 1993, and the hereby certifies that this proposed the relationship between the Federal supplemental notice of proposed action will not have a significant Government and the Indian tribes, or on rulemaking published on December 21, negative economic impact on a the distribution of power and 2004. In those notices, the Agency substantial number of small entities. responsibilities between the Federal proposed to implement the Sanitary Specifically, as per the 1997 notice, EPA Government and Indian tribes.’’ This Food Transportation Act of 1990 by has reviewed its available data on proposed rule will not have substantial amending its regulations to address the imports and foreign pesticide usage and direct effects on tribal governments, on safe transportation of food and food concludes that there is a reasonable the relationship between the Federal products in commerce. On August 10, international supply of food not treated Government and Indian tribes, or on the 2005, the President signed the Sanitary with canceled pesticides. Furthermore, distribution of power and Food Transportation Act of 2005, which for the pesticide named in this proposed responsibilities between the Federal transferred authority for regulating the rule, the Agency knows of no Government and Indian tribes, as safe transportation of food from the U.S. extraordinary circumstances that exist specified in Executive Order 13175. Department of Transportation to the as to the present proposal that would Thus, Executive Order 13175 does not U.S. Department of Health and Human change the EPA’s previous analysis. apply to this proposed rule. Services. Any comments about the Agency’s List of Subjects in 40 CFR Part 180 FOR FURTHER INFORMATION CONTACT: determination should be submitted to Helen Engrum, Office of Hazardous the EPA along with comments on the Environmental protection, Materials Standards, Pipeline and proposal, and will be addressed prior to Administrative practice and procedure, Hazardous Materials Safety issuing a final rule. In addition, the Agricultural commodities, Pesticides Administration, U.S. Department of Agency has determined that this action and pests, Reporting and recordkeeping Transportation, 400 Seventh Street, will not have a substantial direct effect requirements. SW., Washington, DC 20590–0001, telephone (202) 366–8553. on States, on the relationship between Dated: December 13, 2005. the national government and the States, James Jones, SUPPLEMENTARY INFORMATION: or on the distribution of power and responsibilities among the various Director, Office of Pesticide Programs. I. Background levels of government, as specified in Therefore, it is proposed that 40 CFR The Sanitary Food Transportation Act Executive Order 13132, entitled chapter I be amended as follows: of 1990 (SFTA); required the
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Department of Transportation (DOT) to overlap, or conflict with current or Food, Drug, and Cosmetic Act to assign promulgate regulations to promote the pending FDA and USDA regulations. the regulatory authority for food safe transportation of food products. After a thorough review of the transportation safety to HHS and to (Pub. L. 101–500, 104 Stat. 1213 [Nov. alternatives, the Agency issued a require DOT, in consultation with HHS 3, 1990]). Among other requirements, supplemental notice of proposed and USDA to establish procedures for SFTA required DOT, in consultation rulemaking (SNPRM) on December 21, transportation safety inspections to with the Department of Health and 2004 proposing to direct compliance identify suspected incidents of food Human Services (HHS), the Department with the existing requirements of FDA contamination or adulteration. of Agriculture (USDA), and the and USDA for the sanitary Accordingly, DOT’s responsibilities in Environmental Protection Agency, to: transportation of food. (69 FR 76432). In this area are limited to (1) developing (1) Issue regulations with respect to the SNPRM, the Agency proposed to and implementing a training program the transportation of food, food add a new part 121 to subchapter B of for its inspectors that perform additives, drugs, devices, and cosmetics, Title 49 of the Code of Federal commercial motor vehicle or railroad as defined in the Federal Food, Drug, Regulations to include definitions safety inspections, and (2) notifying and Cosmetic Act (21 U.S.C. 301 et applicable to the transportation of food HHS or USDA, as applicable, of any seq.), in motor vehicles or rail cars that and food products and to refer to instances of potential food are used to transport either refuse or requirements of USDA (9 CFR parts 1 non-food products that could make the through 599) and FDA (21 CFR parts 1 contamination or adulteration identified food unsafe as a result of such through 1299) that apply to persons who during safety inspections. DOT is no transportation; offer for transportation or transport food longer required to issue regulations (2) Issue regulations governing the in commerce by motor vehicle or rail applicable to the safe transportation of construction and use of cargo tanks and car. We also proposed to recommend food. rail cars used to transport food products, use of guidance documents and Accordingly, PHMSA is withdrawing including prohibiting the transportation materials promulgated by FDA and the May 21, 1993 NPRM, and December of food products in cargo tanks and rail USDA related to food transportation 21, 2004 SNPRM and terminating this cars used to transport non-food products safety and security. This approach rulemaking docket. Consistent with the that would make the products unsafe; would have prevented duplication or re-allocation of food safety and conflict with existing regulations and responsibilities in SAFETEA–LU, we (3) Designate and publish a list of would have assured primary will continue to work with USDA and non-food products that may not be responsibility for food safety would rest FDA on inspection and enforcement transported in cargo tanks and tank cars with FDA and USDA. issues. To this end, the three agencies that are also used to transport food In response to the SNPRM, we plan to enter into a memorandum of products. received approximately 17 comments understanding to ensure the agencies II. Current Rulemaking from food associations, highway and rail work together effectively to assure the associations, freight companies, the Nation’s food supply is safe and secure, On May 21, 1993, the Agency Dangerous Goods Advisory Council, and particularly in the distribution channels published a notice of proposed several state governments’ departments involving transportation. USDA’s Food rulemaking (NPRM) to implement of agriculture. The majority of Safety and Inspection Service (FSIS) SFTA. (58 FR 29698). Commenters comments strongly supported DOT’s and FDA will provide practical generally opposed the proposals in the efforts to implement SFTA by relying on NPRM and recommended that DOT the agencies that are best equipped to information regarding their regulations defer to the HHS’ Food and Drug address these issues. The commenters and activities concerning food safety Administration (FDA) and USDA on agreed safeguarding food and food and security. Further, FSIS and FDA food safety issues. products from contamination during will provide guidance to, and After considering the comments to the transportation in commerce is best coordinate with, DOT on sharing of NPRM, the Agency concluded the handled and carried out by USDA and significant information resulting from expertise for ensuring the safety of our FDA. Several commenters suggested DOT safety inspections. FSIS and FDA nation’s food supply, including revisions to USDA and FDA will work with DOT to develop standard transportation, lies with USDA and requirements to address perceived training for transportation inspectors to FDA. Based on its work with USDA and shortcomings in those regulatory enable them to recognize suspected FDA, DOT determined that the public programs. However, such revisions were incidents of contamination or interest would be more effectively not proposed and thus are outside the adulteration or other potential food served and better addressed by building scope of the rulemaking. safety or security concerns encountered on the present statutory authority, during their inspections and to report existing enforcement and technical III. Sanitary Food Transportation Act these incidents to FSIS or FDA. expertise, and operational framework of 2005 Issued in Washington, DC on December 20, already established within USDA and On August 10, 2005, the President 2005, under authority delegated in 49 CFR FDA. Implementation of a food signed the Safe, Accountable, Flexible, 1.53(i). transportation safety program under and Efficient Transportation Equity DOT would have required unnecessary Act—A Legacy for Users (SAFETEA– Stacey L. Gerard, duplication of personnel and funds to LU; Pub. L. 109–59, 119 Stat. 1144). Acting Assistant Administrator/Chief Safety promulgate regulations and to conduct Subtitle B of Title VII of SAFETEA– Officer. certain training, research and testing LU—the Sanitary Food Transportation [FR Doc. 05–24435 Filed 12–22–05; 8:45 am] activities. It could result in duplication, Act of 2005—amended the Federal BILLING CODE 4910–60–P
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Notices Federal Register Vol. 70, No. 246
Friday, December 23, 2005
This section of the FEDERAL REGISTER technical barriers that prohibit or evaluation criteria contained in the contains documents other than rules or threaten the export of U.S. specialty program regulations. proposed rules that are applicable to the crops. U.S. specialty crops, for the Funding for successful proposals will public. Notices of hearings and investigations, purpose of the TASC Program, are be provided through specific committee meetings, agency decisions and defined to include all cultivated plants, agreements. These agreements will rulings, delegations of authority, filing of incorporate the proposal as approved by petitions and applications and agency or the products thereof, produced in the statements of organization and functions are U.S., except wheat, feed grains, oilseeds, FAS. FAS must approve in advance any examples of documents appearing in this cotton, rice, peanuts, sugar, and tobacco. subsequent changes to the project. The section. As a general matter, TASC Program FAS or another Federal agency may projects should be designed to have involvement in the accomplish the following goals: implementation of approved projects. • DEPARTMENT OF AGRICULTURE Projects should address a sanitary, III. Eligibility Information phytosanitary, or related technical Commodity Credit Corporation barrier that prohibits or threatens the 1. Eligible Applicants: Any United export of U.S. specialty crops; States organization, private or Notice of Funds Availability: Inviting • Projects should demonstrably government, may apply to the program. Applications for the Technical Government organizations consist of benefit the represented industry and not Assistance for Specialty Crops federal, state, and local agencies. Private a specific company or brand; and, Program organizations include non-profit trade • Projects must address barriers to associations, universities, agricultural U.S. specialty crops that are currently Announcement Type: New. cooperatives, state regional trade available on a commercial basis and for Catalog of Federal Domestic Assistance groups, and private companies. (CFDA) Number: 10.604. which barrier removal would Foreign organizations, whether SUMMARY: The Commodity Credit predominantly benefit U.S. exports. government or private, may participate Corporation (CCC) announces the Examples of expenses that the CCC as third parties in activities carried out availability of funding for the 2006 may agree to reimburse under the TASC by U.S. organizations, but are not Technical Assistance for Specialty Program include, but are not limited to: eligible for funding assistance from the Crops (TASC) Program. The intended initial pre-clearance programs, export program. effect of this notice is to solicit protocol and work plan support, 2. Cost Sharing or Matching: Although applications from the private sector and seminars and workshops, study tours, a minimum level of cost share from government agencies for field surveys, development of pest lists, contribution is not required, it is very participation in the FY 2006 TASC pest and disease research, database strongly encouraged in this highly Program. The TASC Program is development, reasonable logistical and competitive program. If provided, such administered by personnel of the administrative support, and travel and support may be in the form of cash, Foreign Agricultural Service (FAS). per diem expenses. goods, or in-kind services which are DATES: See paragraph IV.3 below for a II. Award Information dedicated to the project by the detailed description of relevant dates. organization that submitted the In general, all qualified proposals FOR FURTHER INFORMATION CONTACT: proposal, private industry entities, host received before the specified application governments, or foreign third parties. Entities wishing to apply for funding deadlines will compete for funding. The assistance should contact the Marketing limited funds and the range of barriers IV. Application and Submission Operations Staff, Foreign Agricultural affecting the exports of U.S. specialty Information Service, U.S. Department of Agriculture, crops worldwide preclude CCC from 1. Address to Request Application 1400 Independence Ave. SW., STOP approving large budgets for individual Package: Organizations can submit 1042, Washington, DC 20250–1042, projects. In prior years, the amount of applications to the FAS through the phone: (202) 720–4327, fax: (202) 720– funding per proposal has ranged from Unified Export Strategy (UES) 9361, e-mail: [email protected]. $13,000 to $250,000, the maximum application Internet Web site. Information is also available on the allowed. Applicants also have the option of Foreign Agricultural Service Web site at Applicants may submit multiple submitting electronic versions in the http://www.fas.usda.gov/mos/tasc/ proposals, and applicants with UES format (along with two paper tasc.html. previously approved TASC proposals copies) of their applications to the FAS SUPPLEMENTARY INFORMATION: may apply for additional funding. on diskette. However, no TASC participant may Applicants planning to use the UES I. Funding Opportunity Description have more than three approved projects Internet-based system must contact the Authority: The TASC Program is under way at any given time. FAS Marketing Operations Staff on authorized by section 3205 of Pub. L. 107– The FAS will consider providing (202) 720–4327 to obtain site access 171. TASC regulations appear at 7 CFR part either grant funds as direct assistance to information including a user ID and 1487. U.S. organizations or providing password. The UES Internet-based Purpose: The TASC Program is technical assistance on behalf of U.S. application, including a Help file designed to assist U.S. organizations by organizations, provided that the containing step-by-step instructions for providing funding for private and public organization submits timely and its use, may be found at the following sector projects and technical assistance qualified proposals. The FAS will URL address: http://www.fas.usda.gov/ that address sanitary, phytosanitary, and review all proposals against the cooperators.html. Applicants are not
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required to use the UES, but are strongly All proposals will be date stamped other U.S. government experts in encouraged to do so because it reduces upon receipt. evaluating the merits of a proposal. paperwork and expedites the FAS 4. Funding Restrictions: Proposals processing and review cycle. which request more than $250,000 of VI. Award Administration Information Applicants who choose to submit CCC funding in a given year will not be 1. Award Notices. The FAS will notify applications on diskette can obtain an considered. Proposals to fund projects each applicant in writing of the final application format by contacting the that exceed three years in duration will Marketing Operations Staff, phone (202) disposition of its application. The FAS not be considered. No TASC participant will send an approval letter and 720–4327, fax: (202) 720–9361, e-mail: may have more than three approved agreement to each approved applicant. [email protected]. projects under way at any given time. The approval letter and agreement will 2. Content and Form of Application Although funded projects may take specify the terms and conditions Submission: All TASC proposals must place in the United States, all eligible contain complete information about the projects must specifically address applicable to the project, including proposed projects as described in sanitary, phytosanitary, or technical levels of funding, timelines for § 1487.5(b) of the TASC Program barriers to the export of U.S. specialty implementation, and written evaluation regulations. In addition, in accordance crops. requirements. with the Office of Management and Certain types of expenses are not 2. Administrative and National Policy Budget’s issuance of a final policy (68 eligible for reimbursement by the Requirements: The agreements will FR 38402) regarding the use of a program. For example, program funds incorporate the details of each project as universal identifier for all Federal grants shall not be used to reimburse the costs approved by FAS. Each agreement will and cooperative agreements, all of market research, advertising, or other identify terms and conditions pursuant applicants must submit a Dun and promotional expenses. CCC will not to which CCC will reimburse certain Bradstreet Data Universal Numbering reimburse unreasonable expenditures or System (DUNS) number. An applicant costs of each project. Agreements will any expenditure made prior to approval also outline the responsibilities of the may request a DUNS number at no cost of a proposal. by calling the dedicated toll-free DUNS participant. Interested parties should 5. Other Submission Requirements: review the TASC Program regulations number request line on 1–866–705– All Internet-based applications must be 5711. Incomplete applications and found at 7 CFR part 1487 in addition to properly submitted by 5 p.m. (local time this announcement. applications which do not otherwise in Washington, DC) on February 1, conform to this announcement will not 2006, or July 1, 2006, in order to be 3. Reporting: TASC participants are be accepted for review. considered during the applicable review subject to the reporting and 3. Submission Dates and Times: period. recordkeeping requirements described TASC funding is limited, and in order in the TASC programming regulations, to assure sufficient resources are All applications on diskette (with two accompanying paper copies) and any as well as the requirements described in available to meet unanticipated needs 7 CFR part 3019. In addition, during the fiscal year, TASC proposals other applications must be received by participants are required to submit a will, generally, only be evaluated on a 5 p.m. (local time in Washington, DC) written report(s), on no less than an semi-annual basis. That is: on February 1, 2006, or July 1, 2006, at • Proposals received prior to, but not one of the following addresses: annual basis, and a final report, each of later than, 5 p.m. (local time Hand Delivery (including FedEx, which evaluates their TASC project Washington, DC) February 1, 2006, will DHL, UPS, etc.): U.S. Department of using the performance measures be considered for funding with other Agriculture, Foreign Agricultural presented in the approved proposal. Service, Marketing Operations Staff, proposals received by that date; VII. Agency Contact • Proposals received prior to, but not 1250 Maryland Avenue, SW., 4th Floor, later than, 5 p.m. (local time Washington, DC 20024. For additional information or Washington, DC) July 1, 2006, will be U.S. Postal Delivery: U.S. Department assistance, contact the Marketing considered for funding with other of Agriculture, Foreign Agricultural Operations Staff, Foreign Agricultural proposals received by that date; Service, Marketing Operations Staff, Service, U.S. Department of Agriculture, • STOP 1042, 1400 Independence Ave. Proposals not approved for funding 1400 Independence Ave., SW., STOP SW., Washington, DC 20250–1042. during the applicable review period will 1042, Washington, DC 20250–1042, be reconsidered for funding after the V. Application Review Information phone: (202) 720–4327, fax: (202) 720– applicable review period only if the 9361, e-mail: [email protected]. applicant specifically requests such 1. Criteria: The FAS follows the reconsideration in writing, and only if evaluation criteria set forth in § 1487.6 Signed at Washington, DC, on December funding remains available. of the TASC regulations. 15, 2005 • Proposals received after 5 p.m. 2. Review and Selection Process: The W. Kirk Miller, (local time Washington, DC) July 1, FAS will review proposals for eligibility Administrator, Foreign Agricultural Service, 2006, will be considered for funding and will evaluate each proposal against and Acting Vice President, Commodity Credit only if funding remains available. the factors described above. The Corporation. Notwithstanding the foregoing, a purpose of this review is to identify [FR Doc. 05–24426 Filed 12–22–05; 8:45am] proposal may be submitted for meritorious proposals, recommend an expedited consideration under the appropriate funding level for each BILLING CODE 3410–10–M TASC Quick Response process if, in proposal based upon these factors, and addition to meeting all requirements of submit the proposals and funding the TASC program, a proposal clearly recommendations to the Deputy identifies a time-sensitive activity. In Administrator, Commodity and these cases, a proposal may be Marketing Programs. The FAS may, submitted at any time for an immediate when appropriate to the subject matter evaluation. of the proposal, request the assistance of
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DEPARTMENT OF AGRICULTURE Alaska Regional Office SUMMARY: The Wrangell-Petersburg Decisions of the Alaska Regional Resource Advisory Committee (RAC) Forest Service Forester: Juneau Empire, published has changed its January meeting from a teleconference to a regular meeting. This Annual List of Newspapers To Be Used daily except Saturday and official meeting will now be held January 20 by the Alaska Region for Publication of holidays in Juneau, Alaska; and the and 21, 2006 in Wrangell, Alaska. The Legal Notices of Proposed Actions and Anchorage Daily News, published daily purpose of the meeting is to review Legal Notices of Decisions Subject to in Anchorage, Alaska. project funding proposals pursuant to Administrative Appeal Under 36 CFR Chugach National Forest 215 Title II, Public Law 106–393, H.R. 2389, Decisions of the Forest Supervisor and the Secure Rural Schools ad Community AGENCY: Forest Service, USDA. the Glacier and Seward District Rangers: Self-Determination Act of 2000, also ACTION: Notice. Anchorage Daily News, published daily called the ‘‘Payments to States’’ Act. in Anchorage, Alaska. The RAC may make funding SUMMARY: This notice lists the Decisions of the Cordova District recommendations at this meeting. newspapers that Ranger Districts, Ranger: Cordova Times, published Opportunities for public comment on Forests, and the Regional Office of the weekly in Cordova, Alaska. the proposals will be provided at the Alaska Region will use to publish legal meeting. notice of all decisions subject to appeal Tongass National Forest under 36 CFR 215 and to publish legal Decisions of the Forest Supervisor: DATES: The meeting will be held Friday, notices for public comment on actions Juneau Empire, published daily except January 20, 2006, from 8 a.m. until 5:15 subject to the notice and comment Saturday and official holidays in p.m. (or the conclusion of public provisions of 36 CFR 215, as updated on Juneau, Alaska. testimony), and on Saturday, January June 4, 2003. The intended effect of this Decisions of the Craig District Ranger, 21, 2006, from 8 a.m. until 9:30 a.m. action is to inform interested members the Ketchikan/Misty District Ranger, of the public which newspapers will be and the Throne Bay District Ranger: ADDRESSES: The meeting will be held at used to publish legal notice of actions Ketchikan Daily News, published daily the James and Elsie Nolan Center, 1096 subject to public comment and except Sundays and official holidays in Outer Drive, Wrangell, Alaska. decisions subject to appeal under 36 Ketchikan, Alaska. FOR FURTHER INFORMATION CONTACT: CFR 215, thereby allowing them to Decisions of the Admiralty Island Patty Grantham, Petersburg District receive constructive notice of a decision National Monument Ranger, the Juneau Ranger, P.O. Box 1328, Petersburg, AK or proposed action, to provide clear District Ranger, the Hoonah District evidence of timely notice, and to 99833, phone (907) 722–3871, e-mail Ranger, and the Yakutat District Ragner: [email protected], or Mark achieve consistency in administering Juneau Empire, published daily except the appeals process. Hummell, Wrangell District Ranger, P.O. Saturday and official holidays in Box 51, Wrangell, AK 99833, phone DATES: Publication of legal notices in Juneau, Alaska. (907) 874–2323, e-mail the listed newspapers begins on January Decisions of the Petersburg District [email protected]. Toll-free 1, 2006. This list of newspapers will Ranger: Petersburg Pilot, published conference calling is available for the remain in effect until it is superseded by weekly in Petersburg, Alaska. meeting; please call or e-mail for a new list, published in the Federal Decisions of the Sitka District Ranger: specific information. For further Register. Daily Sitka Sentinel, published daily except Saturday, Sunday, and official information on RAC history, operations, ADDRESSES: Robin Dale, Alaska Region and the application process, a Web site Group Leader for Appeals, Litigation holidays in Sitka, Alaska. Decisions of the Wrangell District is available at www.fs.fed.us/payments. and FOIA; Forest Service, Alaska Once in the Web site, follow the links Region; P.O. Box 21628; Juneau, Alaska Ranger: Wrangell Sentinel, published to the Wrangell-Petersburg Resource 99802–1628. weekly in Wrangell, Alaska. Advisory Committee. FOR FURTHER INFORMATION CONTACT: Supplemental notices may be Robin Dale; Alaska Region Group published in any newspaper, but the SUPPLEMENTARY INFORMATION: This Leader for Appeals, Litigation and timeframes for making comments or meeting will focus on the review and FOIA; (907) 586–9344. filing appeals will be calculated based discussion of proposals received by the upon the date that notices are published SUPPLEMENTARY INFORMATION: This RAC for funding under Title II of the in the newspapers of record listed in notice provides the list of newspapers Payments to States legislation (Pub. L. this notice. that Responsible Officials in the Alaska 106–393). New proposals (initial Region will use to give notice of Dated: December 14, 2005. reading) may be discussed. The decisions subject to notice, comment, Beth G. Pendleton, committee may make recommendations and appeal under 36 CFR 215. The Acting Regional Forester. for project funding at the meeting. A timeframe for comment on a proposed [FR Doc. 05–24402 Filed 12–22–05; 8:45 am] field trip to review proposals proximate action shall be based on the date of BILLING CODE 3410–11–M to the Wrangell, Alaska area may take publication of the legal notice of the place. The meeting is open to the proposed action in the newspapers of public. Public input opportunity will be record identified in this notice. The DEPARTMENT OF AGRICULTURE provided and individuals will have the timeframe for appeal under 36 CFR 215 opportunity to address the committee at shall be based on the date of publication Forest Service that time. of the legal notice of the decision in the Dated: December 16, 2005. newspaper of record identified in this Wrangell-Petersburg Resource Forest Cole, notice. Advisory Committee Forest Supervisor. The newspapers to be used for giving AGENCY: Forest Service, USDA. notice of Forest Service decisions in the [FR Doc. 05–24398 Filed 12–22–05; 8:45 am] ACTION: Notice of meeting. Alaska Region are as follows: BILLING CODE 3410–11–M
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DEPARTMENT OF AGRICULTURE and services to be furnished by Products nonprofit agencies employing persons Product/NSNs: Ergo Nylon Ladle Forest Service who are blind or have other severe NSN: M.R. 861—Ergo Nylon Ladle disabilities, and to delete a service Product/NSNs: Ergo Nylon Spaghetti Server Southwest Washington Province previously furnished by such agencies. NSN: M.R. 857—Ergo Nylon Spaghetti Server Advisory Committee Meeting Notice Comments Must Be Received on or NPA: Cincinnati Association for the Blind, Before: January 22, 2006. Cincinnati, Ohio AGENCY: Forest Service, USDA. Contracting Activity: Defense Commissary ADDRESSES: Committee for Purchase ACTION: Notice of meeting. Agency (DeCA), Fort Lee, Virginia From People Who Are Blind or Severely SUMMARY: The Southwest Washington Disabled, Jefferson Plaza 2, Suite 10800, Services Province Advisory Committee will meet 1421 Jefferson Davis Highway, Service Type/Location: Medical on Thursday, January 12, 2006, at the Arlington, Virginia, 22202–3259. Transcription (At the following VA Gifford Pinchot National Forest FOR FURTHER INFORMATION OR TO SUBMIT Medical Centers and Community Based Headquarters, 10600 NE 51st Circle, COMMENTS CONTACT: Sheryl D. Kennerly, Outpatient Clinics) Vancouver, WA 98682. The meeting Telephone: (703) 603–7740, Fax: (703) Fayetteville Community Based Outpatient will begin at 9:30 a.m. and continue 603–0655, or e-mail Clinics, Arkansas [email protected]. G. V. (Sonny) Montgomery VA Medical until 4 p.m. Center, Jackson, Mississippi The purpose of the meeting is to share SUPPLEMENTARY INFORMATION: This Gulf Coast Community Based Outpatient information on the following programs: notice is published pursuant to 41 Clinics, Mississippi Stewardship Authority contracts for U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its Overton Brooks VA Medical Center, restoration of National Forest lands and purpose is to provide interested persons Shreveport, Louisiana associated projects; Forest and regional an opportunity to submit comments on VA Medical Center, 1011 Honor Heights invasive species programs; status of the the proposed actions. Drive, Muskogee, Oklahoma Gifford Pinchot National Forest road VA Medical Center, Biloxi, Mississippi maintenance program, and to share Additions VA Medical Center, Fayetteville, Arkansas information among members. If the Committee approves the NPA: Lighthouse for the Blind of Houston, All Southwest Washington Province Houston, Texas proposed additions, the entities of the Contracting Activity: VA Medical Center— Advisory Committee meetings are open Federal Government identified in this Overton Brooks, Shreveport, Louisiana to the public. Interested citizens are notice for each product or service will encouraged to attend. The ‘‘open forum’’ be required to procure the products and Deletion provides an opportunity for the public services listed below from nonprofit Regulatory Flexibility Act Certification to bring issues, concerns, and agencies employing persons who are discussion topics to the Advisory blind or have other severe disabilities. I certify that the following action will Committee. The ‘‘open forum’’ is Regulatory Flexibility Act Certification not have a significant impact on a scheduled for 1:30 p.m. Interested substantial number of small entities. speakers will need to register prior to I certify that the following action will The major factors considered for this the open forum period. The committee not have a significant impact on a certification were: welcomes the public’s written substantial number of small entities. The major factors considered for this 1. If approved, the action may result comments on Committee business at in additional reporting, recordkeeping any time. certification were: 1. If approved, the action will not or other compliance requirements for FOR FURTHER INFORMATION CONTACT: Tom result in any additional reporting, small entities. Knappenbeger, Public Affairs Officer, at recordkeeping or other compliance (360) 891–5005, or write Forest 2. If approved, the action may result requirements for small entities other Headquarters Office, Gifford Pinchot in authorizing small entities to furnish than the small organizations that will National Forest, 10600 NE., 51st Circle, the service to the Government. furnish the products and services to the Vancouver, WA 98682. 3. There are no known regulatory Government. alternatives which would accomplish Dated: December 19, 2005. 2. If approved, the action will result the objectives of the Javits-Wagner- Lynn Burditt, in authorizing small entities to furnish O’Day Act (41 U.S.C. 46–48c) in the products and services to the Deputy Forest Supervisor. connection with the service proposed [FR Doc. 05–24404 Filed 12–22–05; 8:45 am] Government. 3. There are no known regulatory for deletion from the Procurement List. BILLING CODE 3410–11–M alternatives which would accomplish End of Certification the objectives of the Javits-Wagner- O’Day Act (41 U.S.C. 46–48c) in The following service is proposed for COMMITTEE FOR PURCHASE FROM connection with the products and deletion from the Procurement List: PEOPLE WHO ARE BLIND OR services proposed for addition to the SEVERELY DISABLED Service Procurement List. Comments on this certification are Service Type/Location: Janitorial/Custodial Procurement List; Proposed Additions U.S. Federal Building and Post Office, 522 and Deletion invited. Commenters should identify the North Central Avenue, Phoenix, Arizona statement(s) underlying the certification NPA: Goodwill Community Services, Inc., AGENCY: Committee for Purchase from on which they are providing additional Phoenix, Arizona People Who Are Blind or Severely information. Contracting Activity: General Services Disabled. Administration End of Certification ACTION: Proposed Additions to and Sheryl D. Kennerly, Deletions from Procurement List. The following products and services are proposed for addition to Director, Information Management. SUMMARY: The Committee is proposing Procurement List for production by the [FR Doc. E5–7763 Filed 12–22–05; 8:45 am] to add to the Procurement List products nonprofit agencies listed: BILLING CODE 6353–01–P
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COMMITTEE FOR PURCHASE FROM Services EFFECTIVE DATE: December 23, 2005. PEOPLE WHO ARE BLIND OR Service Type/Location: Basewide Custodial FOR FURTHER INFORMATION CONTACT: SEVERELY DISABLED Services Tisha Loeper–Viti at (202) 482–7425 or U.S. Naval Academy Complex, Annapolis, Ryan Douglas at (202) 482–1277, Import Procurement List; Additions Maryland NPA: Melwood Horticultural Training Administration, International Trade AGENCY: Committee for Purchase from Center, Upper Marlboro, Maryland Administration, U.S. Department of People Who Are Blind or Severely Contracting Activity: Naval Facilities Commerce, 14th Street and Constitution Disabled. Engineering Command, Chesapeake, Avenue, NW, Washington, DC 20230. ACTION: Additions to Procurement List. Washington, DC SUPPLEMENTARY INFORMATION: Service Type/Location: Custodial Services SUMMARY: This action adds to the West Point Gym, Building 705–C Barry Background Procurement List services to be Road On December 1, 2004, the Department furnished by nonprofit agencies West Point Middle School, Building 705– published a notice of opportunity to employing persons who are blind or A Barry Road West Point, New York request an administrative review of this have other severe disabilities. NPA: Occupations, Inc., Middletown, New order. See Antidumping or DATES: Effective Date: January 22, 2006. York Countervailing Duty Order, Finding, or ADDRESSES: Committee for Purchase Contracting Activity: Directorate of Suspended Investigation; Opportunity From People Who Are Blind or Severely Contracting, West Point, New York To Request Administrative Review, 69 Disabled, Jefferson Plaza 2, Suite 10800, This action does not affect current FR 69889 (December 1, 2004). On 1421 Jefferson Davis Highway, contracts awarded prior to the effective December 30, 2004, in accordance with Arlington, Virginia, 22202–3259. date of this addition or options that may 19 CFR 351.213(b)(1), Anvil FOR FURTHER INFORMATION CONTACT: be exercised under those contracts. International, Inc. and Ward Sheryl D. Kennerly, Telephone: (703) Manufacturing, Inc. (collectively, ‘‘the Sheryl D. Kennerly, 603–7740, Fax: (703) 603–0655, or e- petitioners’’) requested that the mail [email protected]. Director, Information Management. Department conduct administrative SUPPLEMENTARY INFORMATION: On [FR Doc. E5–7764 Filed 12–22–05; 8:45 am] reviews of Beijing Sai Lin Ke Hardware October 14, and October 28, 2005, the BILLING CODE 6353–01–P Co., Ltd. (‘‘SLK’’), Langfang Pannext Committee for Purchase From People Pipe Fitting Co., Ltd. (‘‘Pannext’’), Who Are Blind or Severely Disabled Chengde Malleable Iron General Factory published notice (70 FR 60062, and DEPARTMENT OF COMMERCE (‘‘Chengde’’), and SCE Co., Ltd. (‘‘SCE’’). 62092) of proposed additions to the International Trade Administration On January 31, 2005, the Department Procurement List. published a notice of initiation of this After consideration of the material (A–570–881) administrative review. See Initiation of presented to it concerning capability of Antidumping and Countervailing Duty qualified nonprofit agencies to provide Certain Malleable Iron Pipe Fittings Administrative Reviews and Request for the services and impact of the additions From the People’s Republic of China: Revocation in Part, 70 FR 4818 (January on the current or most recent Notice of Preliminary Results of 31, 2005). On September 2, 2005, the contractors, the Committee has Antidumping Duty Administrative Department extended the due date for determined that the services listed Review the preliminary results of this review to below are suitable for procurement by AGENCY: Import Administration, December 16, 2005. See Notice of the Federal Government under 41 U.S.C. International Trade Administration, Extension of Time Limit for the 46–48c and 41 CFR 51–2.4. Department of Commerce. Preliminary Results of Antidumping Regulatory Flexibility Act Certification SUMMARY: In response to a request from Duty Administrative Review: Certain Malleable Iron Pipe Fittings from the I certify that the following action will Anvil International, Inc. and Ward Manufacturing, Inc., domestic producers People’s Republic of China, 70 FR 52634 not have a significant impact on a (September 2, 2005). substantial number of small entities. and interested parties in this On March 14, 2005, we issued The major factors considered for this proceeding, the Department of antidumping questionnaires to SLK, certification were: Commerce (‘‘the Department’’) is 1. The action will not result in any conducting an administrative review of Pannext, Chengde and SCE. SLK, additional reporting, recordkeeping or the antidumping duty order on certain Pannext, and SCE submitted timely other compliance requirements for small malleable iron pipe fittings (‘‘MPF’’) responses to the Department’s entities other than the small from the People’s Republic of China questionnaire in April and May 2005. organizations that will furnish the (‘‘PRC’’). The period of review (‘‘POR’’) For information on Chengde’s response, services to the Government. is December 2, 2003, through November see the Facts Otherwise Available 2. The action will result in 30, 2004. We have preliminarily section below. We issued supplemental authorizing small entities to furnish the determined that sales were made below questionnaires in July and November of services to the Government. normal value (‘‘NV’’). If these 2005 to certain respondents, as 3. There are no known regulatory preliminary results are adopted in our appropriate, and received timely alternatives which would accomplish final results of review, the Department responses to each. the objectives of the Javits-Wagner- will instruct U.S. Customs and Border On August 15, 2005, the petitioners O’Day Act (41 U.S.C. 46–48c) in Protection (‘‘CBP’’) to assess submitted publicly available connection with the services proposed antidumping duties on all appropriate information for consideration in valuing for addition to the Procurement List. entries of MPF during the POR for the factors of production (‘‘FOPs’’). SLK which the importer–specific assessment and Pannext submitted information for End of Certification rates are above de minimis. Interested this purpose on August 25, 2005. The Accordingly, the following services parties are invited to comment on these petitioners submitted rebuttal comments are added to the Procurement List: preliminary results. on September 2, 2005.
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Scope of the Order whether each exporter is independent authority; (2) whether the respondent For purposes of this order, the from government control. has the authority to negotiate and sign contracts and other agreements; (3) products covered are certain malleable A. Absence of De Jure Control iron pipe fittings, cast, other than whether the respondent has autonomy The Department considers the from the government in making grooved fittings, from the PRC. The following de jure criteria in determining merchandise is currently classifiable decisions regarding the selection of its whether an individual company may be management; and (4) whether the under item numbers 7307.19.90.30, granted a separate rate: (1) an absence of 7307.19.90.60 and 7307.19.90.80 of the respondent retains the proceeds of its restrictive stipulations associated with export sales and makes independent Harmonized Tariff Schedule of the an individual exporter’s business and decisions regarding disposition of United States (‘‘HTSUS’’). Excluded export licenses; and (2) any legislative profits or financing of losses. from the scope of this order are metal enactments decentralizing control of SLK and SCE reported that they are compression couplings, which are companies. wholly owned by foreign entities. imported under HTSUS number One of the respondents has placed on Pannext reported that it is privately 7307.19.90.80. A metal compression the record a number of documents to owned by individual shareholders. Each coupling consists of a coupling body, demonstrate absence of de jure control has asserted the following: (1) There is two gaskets, and two compression nuts. including the ‘‘Foreign Trade Law of the no government participation in setting These products range in diameter from People’s Republic of China,’’ the export prices; (2) sales managers and 1/2 inch to 2 inches and are carried only ‘‘Administrative Regulations of the authorized employees have the in galvanized finish. Although HTSUS People’s Republic of China Governing authority to bind sales contracts; (3) subheadings are provided for the Registration of Legal Corporations,’’ they do not have to notify any convenience and Customs purposes, the and the ‘‘Law of the People’s Republic government authorities of management Department’s written description of the of China on Foreign Capital selections; (4) there are no restrictions scope of this proceeding is dispositive. Enterprises.’’ The Department has on the use of export revenue; (5) each Separate–Rates Determination analyzed such PRC laws and found that is responsible for financing its own they establish an absence of de jure losses. The questionnaire responses of The Department has treated the PRC control. See, e.g., Preliminary Results of SLK, Pannext, and SCE do not suggest as a non–market-economy (‘‘NME’’) New Shipper Review: Certain Preserved that pricing is coordinated among country in all past antidumping duty Mushrooms From the People’s Republic exporters. During our analysis of the investigations and administrative of China, 66 FR 30695 (June 7, 2001), information on the record, we found no reviews. See, e.g., Final Determination unchanged in the final determination. information indicating the existence of of Sales at Less Than Fair Value: We have no information in this government control. Consequently, we Tetrahydrofurfuryl Alcohol From the proceeding that would cause us to preliminarily determine that SLK, People’s Republic of China, 69 FR 34130 reconsider this determination. Thus, we Pannext, and SCE have met the criteria (June 18, 2004). A designation as an believe that the evidence on the record for the application of a separate rate. NME country remains in effect until it supports a preliminary finding of an Because we find the information is revoked by the Department. See absence of de jure government control provided by Chengde to be unreliable section 771(18)(C)(i) of the Tariff Act of based on: (1) an absence of restrictive and Chengde has not cooperated to the 1930, as Amended (‘‘the Act’’). stipulations associated with the best of its ability, we are applying an It is the Department’s standard policy exporter’s business license; and (2) the adverse inference with respect to to assign all exporters of subject legal authority on the record Chengde for these preliminary results merchandise subject to review in an decentralizing control over the and preliminarily find that it is part of NME country a single rate unless an respondent. the PRC–wide entity. For further exporter can demonstrate an absence of B. Absence of De Facto Control information, see the Facts Otherwise government control, both in law and in Available section below. fact, with respect to exports. To As stated in previous cases, there is establish whether an exporter is some evidence that certain enactments Export Price sufficiently independent of government of the PRC central government have not For all sales made by SCE and certain control to be entitled to a separate rate, been implemented uniformly among sales made by Pannext,1 we based the the Department analyzes the exporter in different sectors and/or jurisdictions in U.S. price on export price (‘‘EP’’), in light of the criteria established in the the PRC. See Final Determination of accordance with section 772(a) of the Final Determination of Sales at Less Sales at Less Than Fair Value: Certain Act, because the first sale to an Than Fair Value: Sparklers from the Preserved Mushrooms from the People’s unaffiliated purchaser was made prior People’s Republic of China, 56 FR 20588 Republic of China, 63 FR 72255 to importation and constructed export (May 6, 1991) (‘‘Sparklers’’); and Final (December 31, 1998). Therefore, the price (‘‘CEP’’) was not otherwise Determination of Sales at Less Than Department has determined that an warranted by the facts on the record. We Fair Value: Silicon Carbide from the analysis of de facto control is critical in calculated EP based on the packed price People’s Republic of China, 59 FR 22585 determining whether respondents are, from the exporter to the first unaffiliated (May 2, 1994) (‘‘Silicon Carbide’’). in fact, subject to a degree of customer in the United States. SLK, Pannext, and SCE all provided government control which would For SCE, we deducted foreign inland the requested separate–rate information preclude the Department from assigning freight, foreign brokerage and handling, in their responses to our original and separate rates. The Department typically international ocean freight, marine supplemental questionnaires. considers four factors in evaluating insurance, and U.S. inland freight Accordingly, consistent with Notice of whether each respondent is subject to Final Determination of Sales at Less de facto government control of its 1 In this review, Pannext has reported that all of Than Fair Value: Bicycles From the export functions: (1) whether the its sales are EP transactions. For purposes of these preliminary results, however, we are treating People’s Republic of China, 61 FR 19026 exporter sets its own export prices Pannext’s sales made through its U.S. affiliate as (April 30, 1996), we performed independent of the government and CEP transactions. See the Constructed Export Price separate–rates analyses to determine without the approval of a government section below for further details.
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expenses, where appropriate, from the the U.S. affiliate and the unaffiliated no party has argued otherwise, we gross unit price, in accordance with U.S. customer. According to Pannext, its calculated NV based on FOP in section 772(c) of the Act. U.S. affiliate receives the purchase accordance with sections 773(c)(3) and For Pannext, we deducted discounts, order, order confirmation, and payment (4) of the Act and 19 CFR 351.408(c). foreign inland freight, foreign brokerage from the unaffiliated U.S. customer. In Because we are using surrogate– and handling, international ocean its questionnaire response, Pannext country FOP prices to determine NV, freight, marine insurance, freight describes its U.S. affiliate as its ‘‘sales section 773(c)(4) of the Act requires that surcharges, U.S. brokerage and handling headquarters’’ that is involved in the the Department use values from an ME expenses, and U.S. import duties, where marketing and sale of subject (surrogate) country that is at a level of appropriate, from the gross unit price, in merchandise and incurs expenses economic development comparable to accordance with section 772(c) of the typically associated with CEP sales (e.g., that of the PRC and that is a significant Act. indirect selling expenses, credit producer of comparable merchandise. We find that India, Indonesia, Sri Lanka, Constructed Export Price expenses, etc.). Pannext further reported that the chairman of Pannext is also the the Philippines, and Egypt are ME In accordance with section 772(b) of president of the U.S. affiliate and has countries at a level of economic the Act, we used CEP methodology the power to contractually bind Pannext development comparable to that of the when the first sale to an unaffiliated to U.S. sales. Based on this information PRC. For a further discussion of our purchaser occurred after importation of and the fact that Pannext has not surrogate selection, see the February 14, the merchandise into the United States. demonstrated sufficiently why the 2005, memorandum from Ron Lorentzen We calculated CEP for all of SLK’s sales Department should not continue to treat to Wendy Frankel regarding Request for and, as described further below, for these sales as CEP transactions in the a List of Surrogate Countries, which is certain U.S. sales made by Pannext current review, we find that the sales available in the Department’s Central through its U.S. affiliate to unaffiliated made through Pannext’s U.S. affiliate Records Unit (‘‘CRU’’), room B099 of the U.S. customers. should be treated as CEP transactions main Commerce building. In addition, For SLK, we made adjustments to the consistent with the Department’s according to the Monthly Statistics of gross unit price for foreign inland treatment of such sales in the LTFV the Foreign Trade of India (‘‘MSFTI’’) as freight, foreign warehousing, foreign investigation. published by the Directorate General of brokerage and handling, international For Pannext’s CEP transactions, we Commercial Intelligence and Statistics ocean freight, marine insurance, U.S. made adjustments to the gross unit price of the Ministry of Commerce and inland freight, U.S. brokerage and for discounts, foreign inland freight, Industry, Government of India, and handling expenses, U.S. warehousing, foreign brokerage and handling, available from World Trade Atlas, we and U.S. customs duties. In accordance international ocean freight, marine found that India exported 12,073,802 with section 772(d)(1) of the Act, we insurance, freight surcharges, U.S. kilograms of comparable merchandise also deducted those selling expenses brokerage and handling expenses, and (i.e., cast iron pipe fittings NESOI or associated with economic activities U.S. import duties. In accordance with steel based on HTS number 7307.19) occurring in the United States, section 772(d)(1) of the Act, we also during the POR valued at USD including commissions, credit expenses, deducted those selling expenses 24,535,575. See World Trade Atlas at advertising expenses, inventory carrying associated with economic activities http://www.gtis.com/wta.htm. costs, and indirect selling expenses. We occurring in the United States, Therefore, we find that India is a also made an adjustment for profit in including credit expenses and indirect significant producer of comparable accordance with section 772(d)(3) of the selling expenses. We also made an merchandise. Additionally, we are able Act. adjustment for profit in accordance with to access Indian data that are In this review, Pannext has reported section 772(d)(3) of the Act. contemporaneous with this POR. As in that all of its sales are EP transactions. Where movement expenses were the LTFV investigation, we have chosen In the LTFV investigation, however, provided by PRC service providers or India as the primary surrogate country Pannext reported all sales through its paid for in Chinese renminbi, we valued and are using Indian prices to value the U.S. affiliate as CEP transactions. See these services using Indian surrogate FOPs. See the December 16, 2005, Notice of Preliminary Determination of values. See Surrogate Values section memorandum from Ryan A. Douglas to Sales at Less Than Fair Value and below. Where applicable, we used the the File regarding Preliminary Valuation Postponement of Final Determination: actual reported expense for those of Factors of Production (‘‘FOP Memo’’). Certain Malleable Iron Pipe Fittings movement expenses provided by market We selected, where possible, publicly From the People’s Republic of China, 68 economy (‘‘ME’’) suppliers and paid for available values from India that were FR 33911 (June 6, 2003), unchanged in in an ME currency. average non–export values, the final determination. We find that the representative of a range of prices sales in the current review follow the Normal Value within the POR or most same fact pattern as the sales reported Section 773(c)(1) of the Act provides contemporaneous with the POR, as CEP transactions during the LTFV that, in the case of an NME, the product–specific, and tax–exclusive. investigation. Pannext reported that its Department shall determine normal Also, where we have relied upon import date of sale (i.e., date all material terms value (‘‘NV’’) using an FOP values, we have excluded imports from of sale are set) is the date of shipment methodology if the merchandise is NME countries as well as from South and that its U.S. affiliate issues the exported from an NME and the Korea, Thailand, and Indonesia. The official invoice to the unaffiliated U.S. information does not permit the Department has found that South Korea, customer upon shipment of the calculation of NV using home–market Thailand, and Indonesia maintain merchandise by Pannext to the U.S. prices, third–country prices, or broadly available, non–industry-specific customer. Pannext issues an invoice to constructed value under section 773(a) export subsidies. The existence of these the U.S. affiliate (e.g., a transfer–price of the Act. Because information on the subsidies provides sufficient reason to sale between Pannext and the U.S. record does not permit the calculation believe or suspect that export prices affiliate) for the sale typically in an of NV using home–market prices, third– from these countries may be subsidized. amount that differs from that between country prices, or constructed value and See Final Determination of Sales at Less
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Than Fair Value: Certain Automotive for June 1, 2003, available at http:// appropriate, therefore, for these Replacement Glass Windshields From www.midcindia.com/waterlsupply. To preliminary results, to average the the People’s Republic of China, 67 FR value coke and firewood, we used the financial ratios derived from the 6482 (February 12, 2002), and per–kilogram values obtained from financial statements of Vishal, Ennore, accompanying Issues and Decision MSFTI and made adjustments to and Bhagwati to calculate factory Memorandum at Comment 1. Our account for freight costs incurred overhead and SG&A expenses for the practice of excluding subsidized prices between the suppliers and the factory. respondents and, as Bhagwati did not has been upheld in China National To value coal we used the Teri Energy earn a profit in 2003–2004, to average Machinery Import and Export Data Directory & Yearbook (2004). the profit ratios of only Vishal and Corporation v. United States, 293 F. For labor, we used the most recent Ennore. Supp. 2d 1334, 1136 (CIT 2003). regression–based wage rate for the PRC SLK and Pannext have also placed on While it is our preferred methodology in ‘‘Expected Wages of Selected NME the record of the current review the to use a producer’s actual FOPs in the Countries,’’ available at http:// 2002–2003 financial statements of calculation of NV, the Department has ia.ita.doc.gov. Rajesh Malleables Limited (‘‘Rajesh’’), found it necessary to depart from that For factory overhead, selling, general, an Indian producer of identical practice in instances where the actual and administrative expenses (‘‘SG&A’’), merchandise. We have declined to FOP is a process provided by a and profit values, we used the 2002– include Rajesh’s financial data in our subcontractor. In such cases, where we 2003 financial statements of Vishal calculation of surrogate financial ratios have had difficulty obtaining reliable Malleables Limited (‘‘Vishal’’) and the because we have determined that this surrogate values for the subcontracted 2003–2004 financial statements of company is a ‘‘sick company’’ under production processes, we have resorted Ennore Foundries Limited (‘‘Ennore’’) India’s Sick Industrial Companies to using the subcontractor’s FOPs as the and Bhagwati Autocast Limited (Special Provisions) Act of 1985, producer’s own. See Certain Helical (‘‘Bhagwati’’), all of which are Indian amended 1993. It is the Department’s Spring Lock Washers from the People’s producers of comparable merchandise. policy not to use the financial Republic of China: Final Results of From this information, we were able to statements of ‘‘sick’’ companies in its Antidumping Duty Administrative determine factory overhead as a calculations of surrogate financial ratios. Review and Determination Not to percentage of the total raw materials, See, e.g., Persulfates from the People’s Revoke the Antidumping Duty Order, in labor and energy (‘‘ML&E’’) costs; SG&A Republic of China: Final Results of Part, 69 FR 12119 (March 15, 2004), and as a percentage of ML&E plus overhead Antidumping Duty Administrative accompanying Issues and Decision (i.e., cost of manufacture); and the profit Review, 70 FR 6836 (February 9, 2005), Memorandum at comment 4. In the rate as a percentage of the cost of and accompanying Issues and Decision instant review, one of SLK’s suppliers manufacture plus SG&A. The Memorandum at Comment 3. subcontracted its galvanizing process to Department used the 2001–2002 In calculating the surrogate ratios for another company. SLK has provided the financial statements of Vishal in the Vishal, Ennore, and Bhagwati for FOPs for these processes along with the final determination of the LTFV purposes of this review, we deviated supplier’s own FOPs. Due to the investigation. See Final Determination from the methodology used in the LTFV difficulty in obtaining reliable surrogate at comment 3. Although the petitioner investigation in two respects. First, values for galvanizing, we have instead claimed in its September 2, 2005, regarding the treatment of job and applied values to the subcontractors’ submission, that both Ennore and process charges, although such charges FOPs. Bhagwati were primarily producers of are treated as overhead expenses in the merchandise for the automotive financial statements, we are categorizing Surrogate Values industry and, therefore, not producers of these expenses as ML&E in order to To value all material inputs, by– comparable merchandise, we observe mirror the respondents’ experience, products, and packing materials, we that both companies produce primarily explained below, as much as possible used per–kilogram import values cast iron products utilizing substantially and avoid double counting. One of the obtained from MSFTI. As appropriate, the same raw materials and production respondents is an independent producer we adjusted these values to account for processes as the respondents in the and the FOPs we are using for the freight costs incurred between the current review. We also observe that second respondent are from its supplier, suppliers and the factory. We calculated Vishal manufactures products for the which is also an integrated producer. these freight costs based on the shorter automotive industry as well. The third respondent, SLK, purchases of the reported distance from the Furthermore, it is the Department’s MPF from several producers, two of domestic supplier to the factory or preference to use multiple financial which are not fully integrated. These distance from the port in accordance statements when they are not distortive two producers out–source certain with the decision in Sigma Corporation or otherwise unreliable, in order to processes to sub–contractors. As v. United States, 117F. 3d 1401, 1407– eliminate potential distortions that may explained below in the Facts Otherwise 8 (Fed. Cir. 1997). We made currency arise from using those of a single Available section, however, we are conversions into U.S. dollars, in producer. See, e.g., Final Results of New valuing the actual inputs used in these accordance with section 773A of the Shipper Review: Certain Preserved processes, rather than valuing the Act, based on the exchange rates in Mushrooms From the People’s Republic processes themselves, and including effect on the dates of the U.S. sale(s) as of China, 66 FR 45006 (August 27, them in ML&E in the respondent’s certified by the U.S. Federal Reserve 2001), and accompanying Issues and build–up of NV. Therefore, it is Bank. Decision Memorandum at Comment 1 appropriate to apply the surrogate To value electricity, we used the 2000 and Brake Rotors From the People’s financial ratios to these producers’ costs electricity price data from International Republic of China: Preliminary Results as if they were also integrated producers Energy Agency, Energy Prices and Taxes of Third New Shipper Review and in order to avoid double counting the - Quarterly Statistics (Second Quarter Preliminary Results and Partial expenses associated with the out– 2003). To value water, we used the Rescission of Second Antidumping Duty sourced processes. Revised Maharashtra Industrial Administrative Review, 64 FR 73007 Second, regarding the treatment of Development Corporation water rates (December 29, 1999). We find it changes in inventory, it is the
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Department’s practice to exclude from Facts Otherwise Available margin calculated for its other reported our calculation of surrogate financial U.S. sales. ratios increases or decreases in Section 776(a)(1) and (2) of the Act provides that the Department shall For another of SLK’s suppliers, SLK finished–goods inventory, as well as was unable to provide complete FOPs increases or decreases in the broader apply ‘‘facts otherwise available’’ if, inter alia, necessary information is not for galvanized MPF. During the POR, categories of stock or inventory where this supplier subcontracted the there is insufficient detail regarding the on the record or an interested party or any other person: (A) withholds galvanizing process to two different content of these categories. We find that subcontractors: one for the first nine each of the financial statements we are information that has been requested, (B) months of the POR and the other for the analyzing here, however, provides fails to provide information within the last three months of the POR. Because sufficient detail that enables us to deadlines established, or in the form the first subcontractor did not maintain discriminate between inventory changes and manner requested by the production records, SLK was able to in finished goods and inventory changes Department, subject to subsections (c)(1) in work–in-process and raw materials. and (e) of section 782 of the Act, (C) provide the Department with complete As the latter two items are properly significantly impedes a proceeding, or FOPs for only those products produced categorized as production expenses, we (D) provides information that cannot be during the last three months of the POR. are including them in our calculation as verified as provided by section 782(i) of Because of the small percentage of NV ML&E. Consistent with the LTFV the Act. attributable to galvanizing, and because SLK has cooperated with the investigation, we continue to exclude In addition, section 776(b) of the Act Department’s request for information to changes in finished–goods inventory. provides that, if the Department finds the best of its ability, for the purposes We used two sources to calculate a that an interested party ‘‘has failed to of the prelminary results, we are surrogate value for domestic brokerage cooperate by not acting to the best of its applying neutral facts available by using expenses. We averaged December 2003– ability to comply with a request for the three months of data representing November 2004 data contained in Essar information,’’ the Department may use the FOPs for galvanizing MPF provided Steel’s February 28, 2005, public information that is adverse to the by the second subcontractor for the full version response submitted in the interests of that party as facts otherwise antidumping duty administrative review available. The purpose of applying an POR. of Hot–Rolled Carbon Steel Flat adverse inference is ‘‘to ensure that the SLK reported that certain products it Products from India with October 2002– party does not obtain a more favorable sold to the U.S. during the POR were September 2003 data contained in result by failing to cooperate than if it sold out of its own inventory and not Pidilite Industries’ March 9, 2004, had cooperated fully.’’ See Statement of purchased from any of its suppliers public version response submitted in Administrative Action (SAA) during the POR. Thus, for these the antidumping duty investigation of accompanying the URAA, H.R. Doc. No. products, SLK was unable to provide Carbazole Violet Pigment 23 from India. 316, 103d Cong., 2d Session at 870 the Department with purchased The brokerage expense data reported by (1994). quantities to use as a weighting factor to Essar Steel and Pidilite Industries in average each supplier’s reported FOPs.2 their public versions is ranged data. We SLK Additionally, SLK was unable to first derived an average per–unit SLK purchased MPF from several provide FOP data for approximately one amount from each source. We then half of those products because none of adjusted each average rate for inflation unaffiliated suppliers in the PRC. For one supplier, SLK was able to provide SLK’s suppliers produced these and, finally, averaged the two per–unit products during the POR. The amounts to derive an overall average the Department with FOPs based only on a standard production formula. percentage of sales, by volume, that rate for the POR. these products represent is less than To value truck freight, we used the Because this information is not based on three percent of its U.S. sales during the freight rates published by Indian Freight the supplier’s actual production POR. Because of this, and because the Exchange available at http:// experience and it cannot be verified, the Department did not request SLK to www.infreight.com. To value domestic Department has declined to use the provide FOPs for these products based warehousing, we used a rate obtained reported FOPs. SLK also suggested an on a prior period, we find that an from the Board of Jawaharlal Nehru Port alternative methodology; however, we adverse inference is not warranted for Trust, available at http:// do not have sufficient information at the preliminary results. As neutral facts www.jnport.com/newlsite/ this time to apply that alternative. Due available, where we are unable to itarrifflcrc.asp. To value international to the totality of the circumstances, ocean freight and U.S. inland freight, we however, we have determined that SLK weight average the product–specific used price quotes obtained from Maersk has acted to the best of its ability to FOPs of each supplier by SLK’s Sealand available at http:// provide the Department with the purchased quantities, we are using a www.maersksealand.com. To value requested information and, in the simple average of the reported product– marine insurance, we used a price quote absence of the actual FOPs, for the specific FOPs provided by the suppliers obtained from RJG Consultants and purposes of these preliminary results, of that product. For the remaining available at http:// an adverse inference is not warranted. products sold out of inventory, none of www.rjgconstultants.com. Where As facts otherwise available for those SLK’s suppliers reported FOPs. For necessary, we adjusted the surrogate products that SLK also purchased from sales of these products, for the purpose values to reflect inflation/deflation other suppliers, we are using the of the preliminary results, we are using the Indian Wholesale Price Index weighted–average FOPs (weighted by applying SLK’s weighted–average as published on the Reserve Bank of purchased quantity) of the other margin calculated using its other India Web site, available at http:// suppliers. For those U.S. sales of www.rbi.org.in. products not purchased from other 2 The Department requested that SLK report the quantities of each product it purchased from each For further detail regarding all of the suppliers (i.e., unique products supplier during the POR. This information is being above surrogate values, see the FOP provided only by this supplier), we are used to weight the product-specific FOPs of each Memo. applying SLK’s weighted–average supplier during the POR.
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reported U.S. sales as neutral facts inventory. We will provide Pannext information. Thus far we have issued available. with an additional opportunity to two supplemental questionnaires to Finally, SLK did not report FOPs for explain the methodology it used to Chengde. The first supplemental a small number of unique products identify the ‘‘most similar’’ products questionnaire was issued on July 20, purchased from all but one of its reported to the Department following 2005. Chengde’s response was received suppliers. Due to the small number of these preliminary results, and will on August 10, 2005. On November 23, sales affected by these missing FOPs, for revisit this issue for the final results of 2005, we issued a second supplemental the purpose of the preliminary results, this proceeding. If appropriate, we may questionnaire to Chengde requesting, we are applying neutral facts available resort to the use of AFA for Pannext for among other things, revised U.S. sales to these sales. As neutral facts available, the final results of review. and FOP databases and reconciliations we are applying the average of the FOPs For further detail, see the December for Chengde’s reported FOPs. Chengde for the same products purchased from 16, 2005, memorandum from Sochieta requested an extension until December other suppliers, if available. If Moth to the File regarding the 2003– 23, 2005, to respond to the unavailable, we are applying SLK’s 2004 Administrative Review of the supplemental questionnaire. The weighted–average margin. Antidumping Duty Order on Certain Department granted Chengde the full We will provide SLK with an Malleable Iron Pipe Fittings from the extension requested, on the condition opportunity to cure the deficiencies People’s Republic of China: Analysis that Chengde provide the Department discussed above and will revisit the Memorandum for Preliminary Results with a specified minimal amount of facts–available calls for SLK for the final for Pannext Fittings Corporation. information necessary for the results of review in light of the Chengde Department to perform its calculation adequacy of SLK’s response to this analysis of Chengde’s sales of subject opportunity. If appropriate, we may In the current proceeding, Chengde merchandise during the POR. Chengde resort to the use of adverse facts significantly impeded both our ability to provided revised databases on available (‘‘AFA’’) for SLK for the final complete the review of the MPF order December 5, 2005. However, we find results of review. which we are conducting pursuant to that the databases are so deficient they For further detail, see the December section 751 of the Act, and to impose cannot be used for the purpose of 16, 2005, memorandum from Jennifer the correct antidumping duties, as performing a calculation for Chengde. Moats to the File regarding the 2003– mandated by section 731 of the Act. As Our review of the data revealed several 2004 Administrative Review of the discussed below, we preliminarily find major inconsistencies and omissions in Antidumping Duty Order on Certain that its failure to cooperate with the Chengde’s most recent U.S. sales and Malleable Iron Pipe Fittings from the Department to the best of its ability in FOP databases. For example, Chengde People’s Republic of China: Analysis responding to the Department’s request did not provide FOP data for 26 of its Memorandum for Preliminary Results for information warrants the use of sales (representing 23 different for Beijing Sai Lin Ke Hardware Co., adverse facts available in determining products), and it provided different per– Ltd. dumping margins for its sales of piece weights for the same products in merchandise subject to the order. Pannext its FOP and U.S. sales databases. Chengde has had extensive difficulty Because Chengde has not provided Pannext did not report FOPs for less complying with the Department’s filing complete or usable data to the than one percent of its U.S. sales made and service requirements during the Department despite the multiple during the POR. Pannext has stated that course of this proceeding. On April 29, opportunities provided, pursuant to it was not able to supply FOPs for these 2005, the Department rejected section 776(a)(1) of the Act, the sales because the products were sold out Chengde’s sections A, C, and D Department will apply facts available to of inventory and were not produced questionnaire responses due to filing Chengde because it did not provide the during the POR. Pannext has suggested format and service deficiencies, offering necessary information to calculate a that the Department use the FOPs of the Chengde the opportunity to correct the dumping margin. Because Chengde has most similar products that were deficiencies and resubmit its responses. not cooperated to the best of its ability produced during the POR and identified Chengde resubmitted its responses on pursuant to section 776(b) of the Act, it the most similar products in its May 18, 2005. The Department is appropriate to use AFA for Chengde December 1, 2005, submission to the subsequently discovered that the for purposes of the preliminary results Department. However, Pannext did not submissions contained inconsistencies of review. Furthermore, we find that provide any supporting information on regarding bracketed information. After because Chengde’s information is the criteria used to identify the products giving Chengde multiple opportunities unreliable it does not merit a separate on this list as ‘‘most similar’’ to those to re–bracket the proprietary rate and will be subject to the PRC–wide products without reported FOP data. information and resubmit its responses rate. Therefore, we are unable to use correctly, which Chengde did not do, As AFA for the PRC–wide entity Pannext’s suggested methodology for the Department notified Chengde on (including Chengde), for the preliminary these preliminary results. Because the July 7, 2005, that Chengde’s improperly results, we are applying the highest sales in question constitute a small bracketed information would be treated weighted–average margin calculated in percentage of Pannext’s sales of MPF to as public information by the this proceeding (i.e., 200.24 percent). In the United States during the POR and Department. On July 21, 2005, after this case, the rate is the margin Pannext has cooperated to the best of its improperly filing a request for an calculated for another respondent (i.e., ability, we find that an adverse extension and failing to serve it on the SCE) in the instant segment of the inference is not warranted in this case. other parties to the proceeding, the proceeding. As neutral facts available, for purposes Department again reminded Chengde of For further detail, see the December of the preliminary results, we are the filing requirements and helped it 16, 2005, memorandum from Tisha applying Pannext’s calculated meet those requirements. Loeper–Viti to Wendy J. Frankel weighted–average margin of its other In addition to filing problems, regarding the 2003–2004 Administrative reported U.S. sales during the POR to Chengde had difficulty complying with Review of the Antidumping Duty Order those U.S. sales that were sold out of the Department’s requests for on Certain Malleable Iron Pipe Fittings
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from the People’s Republic of China: margin.’’ See TRBs, 61 FR at 57392. See Manufacturer/exporter Margin (percent) Adverse Facts Available Analysis also Fresh Cut Flowers from Mexico; Memorandum for Preliminary Results Preliminary Results of Antidumping Beijing Sai Lin Ke Hard- for Chengde Malleable Iron General Duty Administrative Review, 61 FR ware Co., Ltd ...... 23.44 Factory. 6812, 6814 (February 22, 1996) Langfang Pannext Pipe Fitting Co., Ltd...... 5.25 We intend to issue Chengde one more (disregarding the highest margin in the supplemental questionnaire outlining SCE Co., Ltd...... 200.24 case as best information available PRC–Wide Entity (in- the deficiencies we are able to identify because the margin was based on cluding Chengde) ...... 200.24 in its current submissions. Should another company’s uncharacteristic Chengde’s forthcoming response to the business expense resulting in an We will disclose the calculations used Department’s second and third (to be extremely high margin). in our analysis to parties to this issued following the preliminary proceeding within five days of the results) supplemental questionnaires be In this review, we are using as AFA publication date of this notice. See 19 incomplete or unusable, or should the margin calculated for a respondent CFR § 351.224(b). Interested parties are Chengde fail to provide additional data in the instant review, which constitutes invited to comment on the preliminary requested by the Department within the secondary information within the results. Interested parties may submit requested time frame, we may continue meaning of the SAA. See SAA at 870. case briefs and rebuttal briefs, limited to to use AFA for Chengde for the final Unlike other types of information issues raised in the case briefs. The results of review. such as input costs or selling expenses, Department will notify all parties of the Corroboration of Secondary however, there are no independent briefing and hearing request schedule at Information sources for calculated dumping margins. a later date. Parties who submit Section 776(c) of the Act provides that Thus, in an administrative review, if the arguments are requested to submit with when the Department relies on the facts Department chooses as facts available a each argument a statement of the issue, otherwise available and relies on calculated dumping margin from the a brief summary of the argument, and a ‘‘secondary information,’’ the current or from a prior segment of the table of authorities. Further, we would Department shall, to the extent proceeding, it is not necessary to appreciate if parties submitting written practicable, corroborate that information question the reliability of the margin if comments provide an additional copy of from independent sources reasonably at it was calculated from sales and cost the public version of any such its disposal. Secondary information is data. The 200.24 percent rate is based comments on a diskette. Any interested defined in the SAA as ‘‘information on information provided by SCE in the party may request a hearing. See 19 CFR derived from the petition that gave rise instant review of this proceeding. 351.310(c). The Department will publish to the investigation or review, the final Therefore, we consider this rate to be a notice of the final results of this determination concerning subject reliable. review, which will include the results of merchandise, or any previous review its analysis of issues raised in any With respect to the relevance aspect written comments or hearing, within under section 751 concerning the of corroboration, the Department will subject merchandise.’’ See SAA at 870. 120 days from publication of this notice. consider information reasonably at its The SAA provides that to ‘‘corroborate’’ disposal to determine whether a margin Assessment means simply that the Department will satisfy itself that the secondary continues to have relevance. Nothing in Pursuant to 19 CFR 351.212(b), the information to be used has probative the record of this review calls into Department calculated an exporter/ value. See id. The SAA also states that question the relevance of the margin we importer (or customer)-specific independent sources used to corroborate have selected as AFA. Moreover, the assessment rate for merchandise subject may include, for example, published selected margin will be applied as the to this review. To determine whether price lists, official import statistics and PRC–wide rate and will be applicable to the duty assessment rates covering the customs data, and information obtained exporters who do not have a separate period were de minimis, in accordance from interested parties during the rate. Thus, it is appropriate to use the with the requirement set forth in 19 CFR particular investigation. See id. As selected rate as adverse facts available 351.106(c)(2), for each respondent we noted in Tapered Roller Bearings and in the instant review. Accordingly, we calculate importer (or customer)-specific Parts Thereof, Finished and Unfinished, have corroborated the AFA rate ad valorem rates by aggregating the from Japan, and Tapered Roller identified above, as required, by section dumping margins calculated for all U.S. Bearings, Four Inches or Less in Outside 776(c) of the Act (i.e., established its sales to that importer (or customer) and Diameter, and Components Thereof, probative value). dividing this amount by the total value of the sales to that importer (or from Japan; Preliminary Results of Because this is a preliminary margin, Antidumping Duty Administrative customer). Where an importer (or the Department will consider all Reviews and Partial Termination of customer)-specific ad valorem rate is margins on the record at the time of the Administrative Reviews, 61 FR 57391, greater than de minimis and the final results for the purpose of 57392 (November 6, 1996) (‘‘TRBs’’), to respondent has reported reliable entered corroborate secondary information, the determining the most appropriate final values, we apply the assessment rate to Department will, to the extent margin based on total AFA. See Notice the entered value of the importer’s/ practicable, examine the reliability and of Preliminary Determination of Sales at customer’s entries during the review relevance of the information used. Less Than Fair Value: Solid Fertilizer period. Where an importer (or While the Department need not prove Grade Ammonium Nitrate From the customer)-specific ad valorem rate is that the selected facts available are the Russian Federation, 65 FR 1139 greater than de minimis and we do not best alternative information (SAA at (January 7, 2000). have entered values for all U.S. sales, 869), where circumstances indicate that Preliminary Results of Review we calculate a per–unit assessment rate the selected margin is not appropriate as by aggregating the dumping duties due AFA, the Department will disregard the We preliminarily determine that the for all U.S. sales to each importer (or margin and determine an appropriate following dumping margins exist: customer) and dividing this amount by
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the total quantity sold to that importer Date: January 13, 2006. DEPARTMENT OF COMMERCE (or customer). The Department will Time: 9 a.m. to 4 p.m. issue assessment instructions directly to National Institute of Standards and CBP within 15 days of publication of the Place: Department of Commerce, 14th Technology final results of review. and Constitution NW., Washington, DC [Docket No.: 051202321–5335–02] Cash Deposit Requirements 20230, Room 4830. Small Grants Programs and Precision The following cash deposit rates will SUMMARY: The Environmental Technologies Trade Advisory Measurement Grants Program; be effective upon publication of the Availability of Funds final results for all shipments of MPF Committee (ETTAC) will hold a plenary from the PRC entered, or withdrawn meeting on January 13, 2006, at the U.S. AGENCY: National Institute of Standards from warehouse, for consumption on or Department of Commerce, 14th Street and Technology, Commerce. after the publication date, as provided and Constitution Avenue, NW., ACTION: Notice. for by section 751(a)(1) of the Act: (1) for Washington, DC 20230, in Room 4830. the above listed respondents, which The ETTAC will discuss global climate SUMMARY: The National Institute of each have a separate rate, the cash change mitigation initiatives, the Standards and Technology (NIST) deposit rate will be the company– European Union’s electronic and other announces that the following programs specific rate established in the final waste initiatives, updated negotiations are soliciting applications for financial results of the review; (2) the cash in the World Trade Organization’s assistance for FY 2006: (1) The deposit rates for any other companies environmental goods and services trade Electronics and Electrical Engineering that have separate rates established in liberalization, the Export-Import Bank’s Laboratory Grants Program; (2) the the investigation, but were not reviewed environmental exports program, U.S. Manufacturing Engineering Laboratory in this proceeding, will not change; (3) EPA’s Environmental Technologies Grants Program; (3) the Chemical for all other PRC exporters, the cash Verification (ETV) Program, the USG Science and Technology Laboratory deposit rate will be 200.24 percent, the role in the Asia-Pacific Partnership, and Grants Program; (4) the Physics PRC–wide rate established in the LTFV; Laboratory Grants Program; (5) the an overview of the U.S. International and (4) for non–PRC exporters of MPF Materials Science and Engineering Trade Commission’s environmental from the PRC, the cash deposit rate will Laboratory Grants Program; (6) the services sector market analysis. The be the rate applicable to the PRC Building Research Grants and supplier of that exporter. These deposit meeting is open to the public and time Cooperative Agreements Program; (7) rates, when imposed, shall remain in will be permitted for public comment. the Fire Research Grants Program; (8) effect until publication of the final Written comments concerning ETTAC the Information Technology Laboratory results of the next administrative affairs are welcome anytime before or Grants Program; and (9) the Precision review. after the meeting. Minutes will be Measurement Grants Program. Each This notice also serves as a available within 30 days of this meeting. program will only consider applications preliminary reminder to importers of that are within the scientific scope of their responsibility under 19 CFR The ETTAC is mandated by Public Law 103–392. It was created to advise the program as described in this notice 351.402(f) to file a certificate regarding and in the detailed program the U.S. government on environmental the reimbursement of antidumping descriptions found in the Federal trade policies and programs, and to help duties prior to liquidation of the Funding Opportunity (FFO) it to focus its resources on increasing relevant entries during this review announcement for these programs. Prior period. Failure to comply with this the exports of the U.S. environmental to preparation of a proposal, it is requirement could result in the industry. ETTAC operates as an strongly suggested that potential Secretary’s presumption that advisory committee to the Secretary of applicants contact the Program Manager reimbursement of antidumping duties Commerce and the Trade Promotion for the appropriate field of research, as occurred and the subsequent assessment Coordinating Committee (TPCC). specified in the FFO announcement of double antidumping duties. ETTAC was originally chartered in May found at http://www.grants.gov, for This determination is issued and of 1994. It was most recently rechartered clarification of the program objectives published in accordance with sections until May 30, 2006. and to determine whether their proposal 751(a)(1) and 777(i)(1) of the Act. For further information phone Ellen is responsive to this notice. Dated: December 16, 2005. Bohon, Office of Energy and DATES: See below. Stephen J. Claeys, Environmental Technologies Industries ADDRESSES: See below. Acting Assistant Secretaryfor Import (OEEI), International Trade Administration. SUPPLEMENTARY INFORMATION: Administration, U.S. Department of [FR Doc. E5–7785 Filed 12–22–05; 8:45 am] Catalog of Federal Domestic Commerce at (202) 482–0359. This Assistance Name and Number: BILLING CODE 3510–DS–S meeting is physically accessible to Measurement and Engineering Research people with disabilities. Requests for and Standards—11.609 DEPARTMENT OF COMMERCE sign language interpretation or other auxiliary aids should be directed to Electronics and Electrical Engineering Laboratory (EEEL) Grants Program International Trade Administration OEEI at (202) 482–5225. Program Description: The Electronics Dated: December 15, 2005. Environmental Technologies Trade and Electrical Engineering Laboratory Advisory Committee (ETTAC) Joe O. Neuhoff, (EEEL) Grants Program will provide Director, Office of Energy and Environmental grants and cooperative agreements for AGENCY: International Trade Industries. Administration, U.S. Department of the development of fundamental [FR Doc. E5–7767 Filed 12–22–05; 8:45 am] Commerce. electrical metrology and of metrology BILLING CODE 3510–DR–P supporting industry and government ACTION: Notice of open meeting. agencies in the broad areas of
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semiconductors, electronic of a multi-year proposal will be Engineering Laboratory, to the instrumentation, radio-frequency contingent upon satisfactory progress, appropriate Division or Office based on technology, optoelectronics, magnetics, continued relevance to the mission of technical area. At least three video, electronic commerce as applied the Electronics and Electrical independent, objective individuals to electronic products and devices, the Engineering Laboratory Grants Program, knowledgeable about the particular transmission and distribution of and the availability of funds. The multi- scientific area described in the Program electrical power, national electrical year awards must have scopes of work Description section above that the standards (fundamental, generally that can be easily separated into annual proposal addresses will conduct a quantum-based physical standards), and increments of meaningful work that technical review of each proposal, based law enforcement standards. represent solid accomplishments if on the evaluation criteria described DATES: All applications, paper and prospective funding is not made above. If non-Federal reviewers are electronic, must be received no later available to the applicant, (i.e., the used, the reviewers may discuss the than 5 p.m., Eastern Standard Time on scopes of work for each funding period proposals with each other, but scores June 30, 2006. must produce identifiable and will be determined on an individual ADDRESSES: Paper applications must be meaningful results in and of basis, not as a consensus. Reviews will be conducted on a submitted to: Sheilda Bryner, themselves). quarterly basis, and all proposals Electronics and Electrical Engineering Statutory Authority: As authorized by 15 received during the quarter will be Laboratory, National Institute of U.S.C. 272(b) and (c), the NIST Electronics ranked based on the reviewers’ scores. Standards and Technology, 100 Bureau and Electrical Engineering Laboratory conducts a basic and applied research Third, the Division Chief or Office Drive, Stop 8100, Gaithersburg, MD Director will make application 20899–8100. Electronic applications program directly and through grants and cooperative agreements to eligible recipients. selections. In making application and associated proposal information selections, the Division Chief or Office should be uploaded to grants.gov. Eligibility: The Electronics and Director will take into consideration the FOR FURTHER INFORMATION CONTACT: For Electrical Engineering Laboratory Grants results of the reviewers’ evaluations, the complete information about this Program is open to institutions of higher availability of funding, and relevance to program and instructions for applying education; hospitals; non-profit the objectives of the Electronics and by paper or electronically, read the organizations; commercial Electrical Engineering Laboratory Grants Federal Funding Opportunity (FFO) organizations; state, local, and Indian Program, as described in the Program Notice at http://www.grants.gov. A tribal governments; foreign Description section above. The final paper copy of the FFO may be obtained governments; organizations under the approval of selected applications and by calling (301) 975–6328. Program jurisdiction of foreign governments; and award of financial assistance will be questions should be addressed to international organizations. made by the NIST Grants Officer based Sheilda Bryner, Electronics and Review and Selection Process: For the on compliance with application Electrical Engineering Laboratory, Electronics and Electrical Engineering requirements as published in this National Institute of Standards and Laboratory Grants Program, proposals notice, compliance with applicable legal Technology, 100 Bureau Drive, Stop will be reviewed in a three-step process. and regulatory requirements, 8100, Gaithersburg, MD 20899–8100, First, the EEEL Grants Coordinator, or compliance with Federal policies that Tel.: (301) 975–2220, Fax: (301) 975– the Deputy Director of EEEL, will best further the objectives of the 4091. All grants related administration determine the compatibility of the Department of Commerce, and whether questions concerning this program applicant’s proposal with EEEL Program the recommended applicants appear to should be addressed to: Joyce Brigham, Areas and the relevance to the be responsible. Applicants may be asked NIST Grants and Agreements objectives of the Electronics and to modify objectives, work plans, or Management Division, (301) 975–6328; Electrical Engineering Laboratory Grants budgets and provide supplemental [email protected]. For assistance Program, described in the Program information required by the agency with using Grants.gov contact Description section above. If it is prior to award. The decision of the [email protected]. determined that the proposal is Grants Officer is final. Funding Availability: In fiscal year incomplete or non-responsive to the Unsuccessful applicants will be 2005, the EEEL Grants Program made 13 scope of the stated objectives, the notified in writing. The Program will new awards, totaling $866,613. The proposal will not be reviewed for retain one copy of each unsuccessful amount available each year fluctuates technical merit. If it is determined that application for three years for record considerably based on programmatic all funds available for the EEEL Grants keeping purposes. The remaining copies needs. Individual awards are expected Program for the given fiscal year have will be destroyed. to range between $5,000 and $150,000. been exhausted, the proposal will not be Evaluation Criteria: For the For the Electronics and Electrical reviewed for technical merit. Proposers Electronics and Electrical Engineering Engineering Laboratory Grants Program, may contact EEEL at (301) 975–2220 to Laboratory Grants Program, the proposals will be considered for find out if funds have been exhausted evaluation criteria and weights to be research projects from one to three for the fiscal year. EEEL will also post used by the technical reviewers in years. When a proposal for a multi-year a notice on its Web site, http:// evaluating the proposals are as follows: _ award is approved, funding will www.eeel.nist.gov/eeel grants, when Proposal addresses specific program generally be provided for only the first funds are exhausted for the fiscal year. objectives as described in this notice year of the program. If an application is EEEL will notify proposers in writing if (25%) selected for funding, NIST has no their proposals are not reviewed for Proposal provides evidence of obligation to provide any additional technical merit. applicant’s expertise in relevant funding in connection with that award. Second, proposals will be distributed technical area (20%) Continuation of an award to increase for technical review by the EEEL Grants Proposal offers innovative approach funding or extend the period of Coordinator, or other technical (20%) performance is at the total discretion of professionals familiar with the programs Proposal provides realistic schedule NIST. Funding for each subsequent year of the Electronics and Electrical with defined milestones (20%)
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Proposal provides adequate rationale for awards and continuing projects. of the MEL Grants Program. These budget (15%) Individual awards are expected to range objectives are described above in the Cost Share Requirements: The from approximately $25,000 to Program Description section above. The Electronics and Electrical Engineering $300,000. final approval of selected applications Laboratory Grants Program does not For the MEL Grants Program, and award of financial assistance will be require any matching funds. proposals will be considered for made by the NIST Grants Officer based research projects from one to five years. on compliance with application Manufacturing Engineering Laboratory When a proposal for a multi-year award requirements as published in this (MEL) Grants Program is approved, funding will generally be notice, compliance with applicable legal Program Description: The provided for only the first year of the and regulatory requirements, Manufacturing Engineering Laboratory program. If an application is selected for compliance with Federal policies that (MEL) Grants Program will provide funding, NIST has no obligation to best further the objectives of the grants and cooperative agreements in provide any additional funding in Department of Commerce, and whether the following fields of research: connection with that award. the recommended applicants appear to Dimensional Metrology for Continuation of an award to increase be responsible. Applicants may be asked Manufacturing, Mechanical Metrology funding or extend the period of to modify objectives, work plans, or for Manufacturing, Intelligent Systems, performance is at the total discretion of budgets and provide supplemental and Information Systems Integration for NIST. Funding for each subsequent year information required by the agency Applications in Manufacturing. of a multi-year proposal will be prior to award. The decision of the DATES: All applications, paper and contingent upon satisfactory progress, Grants Officer is final. electronic, must be received no later continued relevance to the mission of Unsuccessful applicants will be than 5 p.m. Eastern Standard Time on the MEL program, and the availability of notified in writing. The Program will September 30, 2006. Proposals received funds. The multi-year awards must have retain one copy of each unsuccessful between July 1, 2006 and September 30, scopes of work that can be easily application for three years for record 2006 may be processed and considered separated into annual increments of keeping purposes. The original for funding under this solicitation in the meaningful work that represent solid application will be returned to the next fiscal year, subject to the accomplishments if prospective funding applicant. availability of funds. is not made available to the applicant, Evaluation Criteria: For the MEL (i.e., the scopes of work for each funding ADDRESSES: Paper applications must be Grants Program, the evaluation criteria period must produce identifiable and submitted to: Mrs. Mary Lou Norris, the technical reviewers will use in meaningful results in and of Manufacturing Engineering Laboratory, evaluating the proposals are as follows: themselves). National Institute of Standards and 1. Rationality. Reviewers will Technology, 100 Bureau Drive, Stop Statutory Authority: As authorized under consider the coherence of the 8200, Building 220, Room B322, 15 U.S.C. 272(b) and (c), the MEL conducts applicant’s approach and the extent to a basic and applied research program directly which the proposal effectively addresses Gaithersburg, Maryland 20899–8200. and through grants and cooperative Electronic applications and associated scientific and technical issues. agreements to eligible recipients. 2. Technical Merit of Contribution. proposal information should be Eligibility: The MEL Grants Program is Reviewers will consider the potential uploaded to grants.gov. open to institutions of higher education; technical effectiveness of the proposal FOR FURTHER INFORMATION CONTACT: For hospitals; non-profit organizations; and the value it would contribute to the complete information about this commercial organizations; state, local, field of manufacturing engineering and program and instructions for applying and Indian tribal governments; foreign metrology research. by paper or electronically, read the governments; organizations under the 3. Qualifications of Technical Federal Funding Opportunity (FFO) jurisdiction of foreign governments; and Personnel. Reviewers will consider the Notice at http://www.grants.gov. A international organizations. professional accomplishments, skills, paper copy of the FFO may be obtained Review and Selection Process: For the and training of the proposed personnel by calling (301) 975–6328. Program MEL Grants Program responsive to perform the work in the project. questions should be addressed to Mrs. proposals will be assigned, as received 4. Resources Availability. Reviewers Mary Lou Norris, Manufacturing on a rolling basis, to the most will consider the extent to which the Engineering Laboratory, National appropriate area for review. At least proposer has access to the necessary Institute of Standards and Technology, three independent, objective individuals facilities and overall support to 100 Bureau Drive, Stop 8200, Building knowledgeable about the particular accomplish project objectives. 220, Room B322, Gaithersburg, scientific area described in the Program Each of these factors will be given Maryland 20899–8200, Tel: (301) 975– Description section above that the equal weight in the evaluation process. 3400, E-mail: [email protected]. All proposal addresses will conduct a Cost Share Requirements: The MEL grants related administration questions technical review of proposals based on Grants Program does not require any concerning this program should be the evaluation criteria. If non-Federal matching funds. addressed to: Joyce Brigham, NIST reviewers are used, the reviewers may Grants and Agreements Management discuss the proposals with each other, Chemical Science and Technology Division, (301) 975–6328; but scores will be determined on an Laboratory Grants Program [email protected]. For assistance individual basis, not as a consensus. Program Description: The Chemical with using Grants.gov contact The Division Chief or Laboratory Science and Technology Laboratory [email protected]. Director will make application (CSTL) Grants Program will provide Funding Availability: In fiscal year selections. In making application grants and cooperative agreements in 2005, the MEL Grants Program funded selections, the Division Chief or the following fields of measurement 11 new awards, totaling $834,342. In Laboratory Director will take into science research, focused on reference fiscal year 2006 the MEL Grants consideration the results of the methods, reference materials and Program anticipates funding of reviewers’ evaluations, the availability reference data: Biotechnology, Process approximately $500,000, including new of funds, and relevance to the objectives Measurements, Surface and
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Microanalysis Science, Physical and years. When a proposal for a multi-year all responsive, complete proposals Chemical Properties, and Analytical award is approved, funding will received and reviewed since the last Chemistry. generally be provided for only the first quarter will be ranked based on the DATES: All applications, paper and year of the program. If an application is reviewers’ scores. If non-Federal electronic, must be received no later selected for funding, NIST has no reviewers are used, the reviewers may than 5 p.m. Eastern Standard Time on obligation to provide any additional discuss the proposals with each other, September 30, 2006. Proposals received funding in connection with that award. but scores will be determined on an between July 1, 2006 and September 30, Continuation of an award to increase individual basis, not as a consensus. 2006 may be processed and considered funding or extend the period of Third, the Division Chief will make for funding under this solicitation in the performance is at the total discretion of application selections, taking into next fiscal year, subject to the NIST. Funding for each subsequent year consideration the results of the availability of funds. of a multi-year proposal will be reviewers’ evaluations, the availability of funds, and the relevance of the ADDRESSES: Paper applications must be contingent upon satisfactory progress, submitted to: Dr. William F. Koch, continued relevance to the mission of proposal to the program objectives Chemical Science and Technology the Chemical Science and Technology described in the Program Description Laboratory, National Institute of Laboratory program, and the availability section above. The final approval of selected Standards and Technology, 100 Bureau of funds. The multi-year awards must applications and award of financial Drive, Stop 8300, Gaithersburg, MD have scopes of work that can be easily assistance will be made by the NIST 20899–8300. Electronic applications separated into annual increments of meaningful work that represent solid Grants Officer based on compliance and associated proposal information accomplishments if prospective funding with application requirements as should be uploaded to grants.gov. is not made available to the applicant, published in this notice, compliance FOR FURTHER INFORMATION CONTACT: For (i.e. the scopes of work for each funding with applicable legal and regulatory complete information about this period must produce identifiable and requirements, compliance with Federal program and instructions for applying meaningful results in and of policies that best further the objectives by paper or electronically, read the themselves). of the Department of Commerce, and Federal Funding Opportunity (FFO) whether the recommended applicants Notice at http://www.grants.gov. A Statutory Authority: As authorized under 15 U.S.C. 272(b) and (c), the Chemical appear to be responsible. Applicants paper copy of the FFO may be obtained Science and Technology Laboratory conducts may be asked to modify objectives, work by calling (301) 975–6328. Program a basic and applied research program directly plans, or budgets and provide questions should be addressed to Dr. and through grants and cooperative supplemental information required by William F. Koch, Chemical Science and agreements to eligible recipients. the agency prior to award. The decisions Technology Laboratory, National Eligibility: The Chemical Science and of the Grants Officer are final. Institute of Standards and Technology, Technology Laboratory Grants Program Unsuccessful applicants will be 100 Bureau Drive, Stop 8300, is open to institutions of higher notified in writing. The Program will Gaithersburg, MD 20899–8300, Tel (301) education; hospitals; non-profit retain one copy of each unsuccessful 975–8301, E-Mail: organizations; commercial application for three years for record [email protected]. All grants organizations; state, local, and Indian keeping purposes. The remaining copies related administration questions tribal governments; foreign will be destroyed. concerning this program should be governments; organizations under the Evaluation Criteria: For the Chemical addressed to: Joyce Brigham, NIST jurisdiction of foreign governments; and Science and Technology Laboratory Grants and Agreements Management international organizations. Grants Program, the evaluation criteria Division, (301) 975–6328; Review and Selection Process: For the the technical reviewers will use in [email protected]. For assistance Chemical Science and Technology evaluating the proposals are as follows: with using Grants.gov contact Laboratory Grants Program, proposals 1. Rationality. Reviewers will [email protected]. will be reviewed in a three-step process. consider the coherence of the Funding Availability: No funds have First, the Deputy Director of CSTL, or applicant’s approach and the extent to been set aside specifically for support of appropriate CSTL Division Chief, will which the proposal effectively addresses the CSTL Grants Program. The determine the compatibility of the scientific and technical issues. availability of funds depends upon applicant’s proposal with CSTL Program 2. Qualifications of Technical actual authorization of funds and other Areas and the relevance to the Personnel. Reviewers will consider the costs expected to be incurred by objectives of the Chemical Science and professional accomplishments, skills, individual divisions within the Technology Laboratory Grants Program, and training of the proposed personnel laboratory. Where funds are identified described in the Program Description to perform the work in the project. as available for grants, those funds will section above. If it is determined that 3. Resources Availability. Reviewers be awarded to highly ranked proposals the proposal is incomplete or non- will consider the extent to which the as determined by the process described responsive to the scope of the stated proposer has access to the necessary in this notice. objectives, the proposal will not be facilities and overall support to In fiscal year 2005, the CSTL Grants reviewed for technical merit. accomplish project objectives. Program funded 10 new awards, totaling Second, at least three independent, 4. Technical Merit of Contribution. $830,254. In fiscal year 2006, the CSTL objective individuals knowledgeable Reviewers will consider the potential Grants Program anticipates funding of about the particular measurement technical effectiveness of the proposal approximately $500,000. Individual science area described in the section and the value it would contribute to the awards are expected to range from above that the proposal addresses will field of measurement science, especially approximately $5,000 to $100,000. conduct a technical review of each as it pertains to reference methods, For the Chemical Science and proposal, based on the evaluation reference materials and reference data in Technology Laboratory Grant Program, criteria described below. Reviews will Chemical Science and Technology. proposals will be considered for be conducted on a quarterly basis, Each of these factors will be given research projects from one to three subject to the availability of funds, and equal weight in the evaluation process.
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Cost Share Requirements: The For the Physics Laboratory Grants taken as a whole, is likely to best further Chemical Science and Technology Program, proposals will be considered the program interests described in the Laboratory Grants Program does not for research projects from one to five Program Description section above; and require any matching funds. years. When a proposal for a multi-year the availability of funds. project is approved, funding will The final approval of selected Physics Laboratory Grants Program generally be provided for only the first applications and award of financial Program Description: The Physics year of the program. If an application is assistance will be made by the NIST Laboratory (PL) Grants Program will selected for funding, NIST has no Grants Officer based on compliance provide grants and cooperative obligation to provide any additional with application requirements as agreements in the following fields of funding in connection with that award. published in this notice, compliance research: Electron and Optical Physics, Continuation of an award to increase with applicable legal and regulatory Atomic Physics, Optical Technology, funding or extend the period of requirements, compliance with Federal Ionizing Radiation, Time and performance is at the total discretion of policies that best further the objectives Frequency, and Quantum Physics. NIST. Funding for each subsequent year of the Department of Commerce, and DATES: All applications, paper and of a multi-year proposal will be whether the recommended applicants electronic, must be received no later contingent upon satisfactory progress, appear to be responsible. than 5 p.m., Eastern Standard Time on continued relevance to the mission of Applicants may be asked to modify September 30, 2006. Proposals received the Physics Laboratory program, and the objectives, work plans, or budgets and between July 1, 2006 and September 30, availability of funds. The multi-year provide supplemental information 2006 may be processed and considered awards must have scopes of work that required by the agency prior to award. for funding under this solicitation in the can be easily separated into annual The decisions of the Grants Officer are next fiscal year, subject to the increments of meaningful work that final. availability of funds. represent solid accomplishments if Unsuccessful applicants will be ADDRESSES: Paper applications must be prospective funding is not made notified in writing. The Program will submitted to: Ms. Anita Sweigert, available to the applicant (i.e., the retain one copy of each unsuccessful Physics Laboratory, National Institute of scopes of work for each funding period application for three years for record Standards and Technology, 100 Bureau must produce identifiable and keeping purposes. The remaining copies Drive, Stop 8400, Gaithersburg, MD meaningful results in and of will be destroyed. 20899–8400. Electronic applications themselves). Evaluation Criteria: For the Physics and associated proposal information Laboratory Grants Program, the Statutory Authority: As authorized under evaluation criteria the technical should be uploaded to grants.gov. 15 U.S.C. 272(b) and (c), the Physics reviewers will use in evaluating the FOR FURTHER INFORMATION CONTACT: Laboratory conducts a basic and applied For proposals are as follows: complete information about this research program directly and through grants and cooperative agreements to eligible 1. Rationality. Reviewers will program and instructions for applying recipients. consider the coherence of the by paper or electronically, read the applicant’s approach and the extent to Federal Funding Opportunity (FFO) Eligibility: The Physics Laboratory which the proposal effectively addresses Notice at http://www.grants.gov. A Grants Program is open to institutions of scientific and technical issues. paper copy of the FFO may be obtained higher education; hospitals; non-profit 2. Qualifications of Technical by calling (301) 975–6328. Program organizations; commercial Personnel. Reviewers will consider the questions should be addressed to Ms. organizations; state, local, and Indian professional accomplishments, skills, Anita Sweigert, Physics Laboratory, tribal governments; foreign and training of the proposed personnel National Institute of Standards and governments; organizations under the to perform the work in the project. Technology, 100 Bureau Drive, Stop jurisdiction of foreign governments; and 3. Resources Availability. Reviewers 8400, Gaithersburg, MD 20899–8400, international organizations. will consider the extent to which the Tel (301) 975–4200, E-Mail: Review and Selection Process: For the proposer has access to the necessary [email protected]. It is strongly Physics Laboratory Grants Program, facilities and overall support to suggested to first confirm the program responsive proposals will be considered accomplish project objectives. objectives with the Program Manager as follows: First, at least three 4. Technical Merit of Contribution. prior to preparing a detailed proposal. independent, objective individuals Reviewers will consider the potential All grants related administration knowledgeable about the particular technical effectiveness of the proposal questions concerning this program scientific area described in the proposal and the value it would contribute to the should be addressed to: Joyce Brigham, will conduct a technical review of each field of physics. NIST Grants and Agreements proposal, based on the evaluation Each of these factors will be given Management Division, (301) 975–6328; criteria described below. Reviews will equal weight in the evaluation process. [email protected]. For assistance be conducted on a monthly basis within Cost Share Requirements: The Physics with using Grants.gov contact each division of the Physics Laboratory, Laboratory Grants Program does not [email protected]. and all proposals received during the require any matching funds. Funding Availability: In fiscal year month will be ranked based on the 2005, the PL Grants Program funded 21 reviewers’ scores. If non-Federal MSEL Grants Program new awards, totaling $2,274,427. In reviewers are used, reviewers may Program Description: The Materials fiscal year 2006, the PL Grants Program discuss the proposals with each other, Science and Engineering Laboratory anticipates funding of approximately but scores will be determined on an (MSEL) Grants Program will provide $1,700,000, including new awards and individual basis, not as a consensus. grants and cooperative agreements in continuing projects. Funding Next, the Division Chief will make the following fields of research: availability will be apportioned by final application selections, taking into Ceramics; Metallurgy; Polymer quarter. Individual awards are expected consideration the results of the Sciences; Materials Reliability; and to range from approximately $5,000 to reviewers’ evaluations, including rank; Neutron Scattering Research and $300,000. the compilation of a slate that, when Spectroscopy.
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DATES: All applications, paper and contingent upon satisfactory progress, the agency prior to award. The decision electronic, must be received no later continued relevance to the mission of of the Grants Officer is final. than 5 p.m. Eastern Standard Time on the MSEL program, and the availability Unsuccessful applicants will be September 30, 2006. Proposals received of funds. The multi-year awards must notified in writing. The Program will between July 1, 2006 and September 30, have scopes of work that can be easily retain one copy of each unsuccessful 2006 may be processed and considered separated into annual increments of application for three years for record for funding under this solicitation in the meaningful work that represent solid keeping purposes. The remaining copies next fiscal year, subject to the accomplishments if prospective funding will be destroyed. availability of funds. is not made available to the applicant, Evaluation Criteria: For the MSEL ADDRESSES: Paper applications must be (i.e., the scopes of work for each funding Grants Program, the evaluation criteria submitted to: Dr. Stephen W. Freiman, period must produce identifiable and the technical reviewers will use in Materials Science and Engineering meaningful results in and of evaluating the proposals are as follows: Laboratory, National Institute of themselves). 1. Rationality. Reviewers will Standards and Technology, 100 Bureau Statutory Authority: As authorized under consider the coherence of the Drive, Stop 8500, Gaithersburg, 15 U.S.C. 272 (b) and (c), the MSEL conducts applicant’s approach and the extent to Maryland 20899–8500. Electronic a basic and applied research program directly which the proposal effectively addresses applications and associated proposal and through grants and cooperative scientific and technical issues. information should be uploaded to agreements to eligible recipients. 2. Qualifications of Technical grants.gov. Eligibility: The MSEL Grants Program Personnel. Reviewers will consider the FOR FURTHER INFORMATION CONTACT: For is open to institutions of higher professional accomplishments, skills, complete information about this education; hospitals; non-profit and training of the proposed personnel program and instructions for applying organizations; commercial to perform the work in the project. by paper or electronically, read the organizations; state, local, and Indian 3. Resources Availability. Reviewers Federal Funding Opportunity (FFO) tribal governments; foreign will consider the extent to which the Notice at http://www.grants.gov. A governments; organizations under the proposer has access to the necessary paper copy of the FFO may be obtained jurisdiction of foreign governments; and facilities and overall support to by calling (301) 975–6328. Program international organizations. accomplish project objectives. questions should be addressed to Dr. Review and Selection Process: For the 4. Technical Merit of Contribution. Stephen W. Freiman, Materials Science MSEL Grants Program proposals will be Reviewers will consider the potential and Engineering Laboratory, National reviewed in a two-step process. First, at technical effectiveness of the proposal Institute of Standards and Technology, least three independent, objective and the value it would contribute to the 100 Bureau Drive, Stop 8500, individuals knowledgeable about the field of materials science and Gaithersburg, Maryland 20899–8500, particular scientific area described in engineering and neutron research. Tel: (301) 975–5658, E-mail: the Program Description section above Each of these factors will be given [email protected]. All grants that the proposal addresses will conduct equal weight in the evaluation process. related administration questions a technical review of proposals, as they Cost Share Requirements: The MSEL concerning this program should be are received on a rolling basis, based on Grants Program does not require any addressed to: Joyce Brigham, NIST the evaluation criteria. If non-Federal matching funds. Grants and Agreements Management reviewers are used, the reviewers may Building Research Grants and Division, (301) 975–6328; discuss the proposals with each other, Cooperative Agreements Program [email protected]. For assistance but scores will be determined on an Program Description: The Building with using Grants.gov contact individual basis, not as a consensus. Research Grants and Cooperative [email protected]. Second, the Division Chief or Center Funding Availability: In fiscal year Director or Laboratory Deputy Director Agreements Program will provide grants 2005, the MSEL Grants Program funded will make application selections. In and cooperative agreements in the 36 new awards, totaling $4,966,802. In making application selections, the following fields of research: Structures, fiscal year 2006, the MSEL Grants Division Chief or Center Director or Construction Metrology and Program anticipates funding of Laboratory Deputy Director will take Automation, Inorganic Materials, approximately $4,500,000, including into consideration the results of the Polymeric Materials, HVAC & R new awards and continuing projects. reviewers’ evaluations, the availability Equipment Performance, Mechanical Most grants and cooperative agreements of funds, and relevance to the objectives Systems and Controls, Heat Transfer are expected to be in the $25,000 to of the MSEL Grants Program, described and Alternative Energy Systems, $100,000 per year range. above in the Program Description Computer Integrated Building Processes, For the MSEL Grants Program, section. The final approval of selected and Indoor Air Quality and Ventilation. proposals will be considered for applications and award of financial DATES: All applications, paper and research projects from one to three assistance will be made by the NIST electronic, must be received no later years. When a proposal for a multi-year Grants Officer based on compliance than 5 p.m. Eastern Standard Time on award is approved, funding will with application requirements as September 30, 2006. Proposals received generally be provided for only the first published in this notice, compliance between July 1, 2006 and September 30, year of the program. If an application is with applicable legal and regulatory 2006 may be processed and considered selected for funding, NIST has no requirements, compliance with Federal for funding under this solicitation in the obligation to provide any additional policies that best further the objectives next fiscal year, subject to the funding in connection with that award. of the Department of Commerce, and availability of funds. Continuation of an award to increase whether the recommended applicants ADDRESSES: Paper applications must be funding or extend the period of appear to be responsible. Applicants submitted to: Karen Perry, Building and performance is at the total discretion of may be asked to modify objectives, work Fire Research Laboratory, National NIST. Funding for each subsequent year plans, or budgets and provide Institute of Standards and Technology, of a multi-year proposal will be supplemental information required by 100 Bureau Drive, Stop 8602,
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Gaithersburg, MD 20899–8602. prospective funding is not made assistance will be made by the NIST Electronic applications and associated available to the applicant (i.e., the Grants Officer based on compliance proposal information should be scopes of work for each funding period with application requirements as uploaded to grants.gov. must produce identifiable and published in this notice, compliance FOR FURTHER INFORMATION CONTACT: For meaningful results in and of with applicable legal and regulatory complete information about this themselves). requirements, compliance with Federal program and instructions for applying Statutory Authority: As authorized by 15 policies that best further the objectives by paper or electronically, read the U.S.C. 272(b) and (c), the NIST Building and of the Department of Commerce, and Federal Funding Opportunity (FFO) Fire Research Laboratory conducts a basic whether the recommended applicants Notice at http://www.grants.gov. A and applied research program directly and appear to be responsible. Applicants paper copy of the FFO may be obtained through grants and cooperative agreements to may be asked to modify objectives, work by calling (301) 975–6328. Program eligible recipients. plans, or budgets and provide questions should be addressed to Karen Eligibility: The Building Research supplemental information required by Perry, Building and Fire Research Grants and Cooperative Agreements the agency prior to award. The award Laboratory, National Institute of Program is open to institutions of higher decision of the Grants Officer is final. Standards and Technology, 100 Bureau education; hospitals; non-profit Applicants should allow up to 90 days Drive, Stop 8602, Gaithersburg, MD organizations; commercial processing time. 20899–8602, Tel.: (301) 975–5910, Fax: organizations; state, local, and Indian Unsuccessful applicants will be (301) 975–4032, http:// tribal governments; foreign notified in writing. The Program will www.bfrl.nist.gov. All grants related governments; organizations under the retain one copy of each unsuccessful administration questions concerning jurisdiction of foreign governments; and application for three years for record this program should be addressed to: international organizations. keeping purposes. The remaining copies Joyce Brigham, NIST Grants and Review and Selection Process: All will be destroyed. Agreements Management Division, (301) applications received in response to this Evaluation Criteria: The Divisions 975–6328; [email protected]. For announcement will be reviewed to will score proposals based on the assistance with using Grants.gov contact determine whether or not they are following criteria and weights: [email protected]. complete and responsive. Incomplete or 1. Technical quality of the research. Funding Availability: In fiscal year non-responsive applications will not be Reviewers will assess the rationality, 2005, the Building Research Grants and reviewed for technical merit. The innovation and imagination of the Cooperative Agreements Program Program will retain one copy of each proposal and the fit to NIST’s in-house funded 4 new awards, totaling $603,964. non-responsive application for three building research programs. (0–35 No funds have been set aside years for recordkeeping purposes. The points) specifically for support of the Building remaining copies will be destroyed. 2. Potential impact of the results. Research Grants and Cooperative Responsive proposals will be Reviewers will assess the potential Agreements Program. The availability of forwarded to the appropriate Division impact and the technical application of funds depends upon actual Chief, who will assign them to the results to our in-house programs and authorization of funds and other costs appropriate reviewers. At least three the building industry. (0–25 points) expected to be incurred by the independent, objective individuals 3. Staff and institution capability to individual divisions. The amount knowledgeable about the particular do the work. Reviewers will evaluate available each year fluctuates scientific area described in the Program the quality of the facilities and considerably based on programmatic Description section above that the experience of the staff to assess the needs. Individual awards are expected proposal addresses will conduct a likelihood of achieving the objective of to range between $5,000 and $150,000. technical review of each proposal, based the proposal. (0–20 points) For the Building Research Grants and on the evaluation criteria described 4. Match of budget to proposed work. Cooperative Agreements Program, below. When non-Federal reviewers are Reviewers will assess the budget against proposals will be considered for used, reviewers may discuss the the proposed work to ascertain the research projects from one to three proposals with each other, but scores reasonableness of the request. (0–20 years. When a proposal for a multi-year will be determined on an individual points) award is approved, funding will basis, not as a consensus. Cost Share Requirements: The generally be provided for only the first Reviews will be conducted no less Building Research Grants and year of the program. If an application is than once per quarter, and all proposals Cooperative Agreements Program does selected for funding, NIST has no since the last review session will be not require any matching funds. obligation to provide any additional ranked based on the reviewers’ scores. Fire Research Grants Program funding in connection with that award. Next, the Division Chief, Laboratory Continuation of an award to increase Deputy Director, or Laboratory Director Program Description: The Fire funding or extend the period of will make application selections. In Research Grants Program will provide performance is at the total discretion of making application selections, the funding for innovative ideas in the fire NIST. Funding for each subsequent year Division Chief, Laboratory Deputy research area generated by the proposal of a multi-year proposal will be Director, or Laboratory Director will writer, who chooses the topic and contingent upon satisfactory progress, take into consideration the results of the approach. continued relevance to the mission of evaluations, the scores of the reviewers, DATES: All applications, paper and the Building Research Grants and the availability of funds, and relevance electronic, must be received no later Cooperative Agreements Program, and to the objectives of the Building than 5 p.m. Eastern Standard Time on the availability of funds. The multi-year Research Grants and Cooperative September 30, 2006. Proposals received awards must have scopes of work that Agreements Program, as described in between May 1, 2006 and September 30, can be easily separated into annual the Program Description section above. 2006 will be processed and considered increments of meaningful work that The final approval of selected for funding under this solicitation, but represent solid accomplishments if applications and award of financial if selected, proposals may be funded in
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the next fiscal year, subject to the Statutory Authority: As authorized by 15 Unsuccessful applicants will be availability of funds. U.S.C. 278f, the NIST Building and Fire notified in writing. The Program will Research Laboratory conducts directly and retain one copy of each unsuccessful ADDRESSES: Paper applications must be through grants and cooperative agreements, a application for three years for record submitted to: Ms. Wanda Duffin-Ricks, basic and applied fire research program. Building and Fire Research Laboratory keeping purposes. The remaining copies Eligibility: The Fire Research Grants will be destroyed. (BFRL), National Institute of Standards Program is open to institutions of higher Evaluation Criteria: For the Fire and Technology, 100 Bureau Drive, Stop education; hospitals; non-profit Research Grants Program, the technical 8660, Gaithersburg, Maryland 20899– organizations; commercial evaluation criteria are as follows: 8660. Electronic applications and organizations; state, local, and Indian 1. Technical quality of the research. associated proposal information should tribal governments; foreign Reviewers will assess the rationality, be uploaded to grants.gov. governments; organizations under the innovation and imagination of the FOR FURTHER INFORMATION CONTACT: For jurisdiction of foreign governments; and proposal. (0–35 points). complete information about this international organizations. 2. Potential impact of the results. program and instructions for applying Review and Selection Process: Reviewers will assess the potential by paper or electronically, read the Prospective proposers are encouraged to impact and the technical application of Federal Funding Opportunity (FFO) contact the group leaders listed in the the results to the fire safety community. Notice at http://www.grants.gov. A FFO announcement to determine the (0–25 points) paper copy of the FFO may be obtained responsiveness of the proposal and 3. Staff and institution capability to by calling (301) 975–6328. Program compliance with program objectives do the work. Reviewers will evaluate questions should be addressed to Ms. prior to preparation of a detailed the quality of the facilities and Wanda Duffin-Ricks, Building and Fire proposal. Responsive proposals will be experience of the staff to assess the Research Laboratory (BFRL), National assigned, as received on a rolling basis, likelihood of achieving the objective of Institute of Standards and Technology, to the most appropriate group. Proposals the proposal. (0–20 points) 100 Bureau Drive, Stop 8660, are evaluated for technical merit based 4. Match of budget to proposed work. Gaithersburg, Maryland 20899–8660, on the evaluation criteria described Reviewers will assess the budget against Tel: (301) 975–6863, E-mail: above by at least three reviewers chosen the proposed work to ascertain the [email protected], Web site: http:// from NIST professionals, technical reasonableness of the request. (0–20 www.bfrl.nist.gov. All grants related experts from other interested points) Cost Share Requirements: The Fire administration questions concerning government agencies, and experts from Research Grants Program does not this program should be addressed to: the fire research community at large. require any matching funds. Joyce Brigham, NIST Grants and When non-Federal reviewers are used, Agreements Management Division, (301) reviewers may discuss the proposals Information Technology Laboratory 975–6328; [email protected]. For with each other, but scores will be (ITL) Grants Program determined on an individual basis, not assistance with using Grants.gov contact Program Description: The Information [email protected]. as a consensus. The group leaders will make funding recommendations to the Technology Laboratory Grants Program Funding Availability: For the Fire Division Chief based on the technical will provide grants and cooperative Research Grants Program, the annual evaluation score and the relationship of agreements in the broad areas of budget is approximately $1.0 to $1.5 the work proposed to the objectives of mathematical and computational million. Because of commitments for the the program. sciences, advanced network support of multi-year projects and In making application selections, the technologies, and information access. because proposals may have been Division Chief will take into Specific objectives of interest in these deferred from the previous year’s consideration the results of the areas of research include: Quantum competition, only a portion of the evaluations, the scores of the reviewers, information theory, computational budget is available to fund applications the group leader’s recommendation, the materials science, computational received in response to this notice. Most availability of funds, and relevance to nanotechnology, mathematical grants and cooperative agreements are the objectives of the Fire Research knowledge management, visual data in the $25,000 to $125,000 per year Grants Program, as described in the analysis, verification and validation of range, with a maximum requested Program Description section above. The computer models, software testing, duration of three years. In fiscal year final approval of selected applications human-robot interaction, human factors 2005, the Fire Research Grants Program and award of financial assistance will be in voting systems, security for the IPv6 funded 8 new awards, totaling $620,224. made by the NIST Grants Officer based transition from and coexistence with For the Fire Research Grants Program, on compliance with application IPv6, and device mobility among proposals will be considered for requirements as published in this heterogeneous networks. For details on research projects from one to three notice, compliance with applicable legal these various activities, please see the years. When a proposal for a multi-year and regulatory requirements, Information Technology Laboratory Web project is approved, funding will compliance with Federal policies that site at http://www.itl.nist.gov. normally be provided for only the first best further the objectives of the Additionally, the ITL Grant Program year of the program. If an application is Department of Commerce, and whether will provide grants and cooperative selected for funding, DoC has no the recommended applicants appear to agreements in support of conferences, obligation to provide any additional be responsible. Applicants may be asked workshops, and other technical research future funding in connection with that to modify objectives, work plans, or groups that focus on trends and future award. Funding for each subsequent budgets and provide supplemental focus areas of information technology. year of a multi-year proposal will be information required by the agency DATES: All applications, paper and contingent on satisfactory progress, prior to award. The award decision of electronic, must be received no later continuing relevance to the mission of the Grants Officer is final. Applicants than 5 p.m. Eastern Standard Time on the NIST Fire Research Program, and should allow up to 90 days processing September 30, 2006. Proposals received the availability of funds. time. between July 1, 2006 and September 30,
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2006 will be processed and considered connection with that award. proposal, based on the evaluation for funding under this solicitation, but Continuation of an award to increase criteria described above. Reviews will if selected, proposals may be funded in funding or extend the period of be conducted on a quarterly basis, and the next fiscal year, subject to the performance is at the total discretion of all responsive, complete proposals availability of funds. NIST. Funding for each subsequent year received and reviewed since the last ADDRESSES: Paper applications must be of a multi-year proposal will be quarter will be ranked based on the submitted to: Kirk Dohne, Information contingent upon satisfactory progress, reviewers’ scores. If non-Federal Technology Laboratory (ITL), National continued relevance to the mission of reviewers are used, the reviewers may Institute of Standards and Technology, the Information Technology Laboratory discuss the proposals with each other, 100 Bureau Drive, Stop 8900, Grants Program, and the availability of but scores will be determined on an Gaithersburg, Maryland 20899–8900. funds. The multi-year awards must have individual basis, not as a consensus. Electronic applications and associated scopes of work that can be easily Third, the Division Chief, in accord proposal information should be separated into annual increments of with the Director of ITL, will make uploaded to grants.gov. meaningful work that represent solid application selections, taking into FOR FURTHER INFORMATION CONTACT: For accomplishments if prospective funding consideration the results of the complete information about this is not made available to the applicant reviewers’ evaluations, the availability program and instructions for applying (i.e., the scopes of work for each funding of funds, and the relevance of the by paper or electronically, read the period must produce identifiable and proposal to the program objectives Federal Funding Opportunity (FFO) meaningful results in and of described in the Program Description Notice at http://www.grants.gov. A themselves). section above. paper copy of the FFO may be obtained Statutory Authority: As authorized under The final approval of selected by calling (301) 975–6328. Program 15 U.S.C. 272(b) and (c), the ITL conducts a applications and award of financial questions should be addressed to Kirk basic and applied research program directly assistance will be made by the NIST Dohne, Information Technology and through grants and cooperative Grants Officer based on compliance Laboratory, National Institute of agreements to eligible recipients. with application requirements as Standards and Technology, 100 Bureau Eligibility: The ITL Grants Program is published in this notice, compliance Drive, Stop 8900, Gaithersburg, open to institutions of higher education; with applicable legal and regulatory Maryland 20899–8200, Tel: (301) 975– hospitals; non-profit organizations; requirements, compliance with Federal 8480, E-mail: [email protected]; Fax: commercial organizations; state, local, policies that best further the objectives (301) 975–2378, Web site: http:// and Indian tribal governments; foreign of the Department of Commerce, and www.itl.nist.gov. It is strongly suggested governments; organizations under the whether the recommended applicants to first confirm the program objectives jurisdiction of foreign governments; and appear to be responsible. Applicants with the Program Manager prior to international organizations. may be asked to modify objectives, work preparing a detailed proposal. All grants Review and Selection Process: For the plans, or budgets and provide related administration questions Information Technology Laboratory supplemental information required by concerning this program should be (ITL) Grants Program, proposals will be the agency prior to award. The decisions addressed to: Joyce Brigham, NIST reviewed in a three-step process. First, of the Grants Officer are final. Grants and Agreements Management the Deputy Director of ITL, or Unsuccessful applicants will be Division, (301) 975–6328; appropriate designee, will determine the notified in writing. The Program will [email protected]. For assistance compatibility of the applicant’s proposal retain one copy of each unsuccessful with using Grants.gov contact with ITL Program Areas and the application for three years for record [email protected]. relevance to the objectives of the ITL keeping purposes. The remaining copies Funding Availability: In fiscal year Grants Program, described in the will be destroyed. 2005, the Information Technology Program Description section above. If it Evaluation Criteria: For the ITL Laboratory did not participate in the is determined that the proposal is Grants Program, the evaluation criteria grants program, therefore no historical incomplete or non-responsive to the the technical reviewers will use in data is available for that period. No scope of the stated objectives, the evaluating the proposals are as follows: funds have been set aside specifically proposal will not be reviewed for 1. Rationality. Reviewers will for support of the Information technical merit. If a proposal is consider the coherence of the Technology Laboratory Grants Program. determined to be incomplete or non- applicant’s approach and the extent to The availability of funds depends upon responsive, or if it is determined that all which the proposal effectively addresses actual authorization of funds and other available funds have been exhausted, scientific and technical issues. costs expected to be incurred by the the proposal will not be reviewed for 2. Technical Merit of Contribution. individual divisions. The amount technical merit. Proposers may contact Reviewers will consider the potential available each year fluctuates ITL at (301) 975–8480 to find out if technical effectiveness of the proposal considerably based on programmatic funds have been exhausted for the fiscal and the value it would contribute to the needs. Individual awards are expected year. ITL will also post a notice on its field of manufacturing engineering and to range between $10,000 and $150,000. Web site, www.itl.nist.gov, when funds metrology research. For the Information Technology are exhausted for the fiscal year. ITL 3. Qualifications of Technical Laboratory Grants Program, proposals will notify proposers in writing if their Personnel. Reviewers will consider the will be considered for research projects proposals are not reviewed for technical professional accomplishments, skills, from one to three years. When a merit. and training of the proposed personnel proposal for a multi-year award is Second, at least three independent, to perform the work in the project. approved, funding will generally be objective individuals knowledgeable 4. Resources Availability. Reviewers provided for only the first year of the about the particular measurement will consider the extent to which the program. If an application is selected for science area described in the section proposer has access to the necessary funding, NIST has no obligation to above that the proposal addresses will facilities and overall support to provide any additional funding in conduct a technical review of each accomplish project objectives.
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Each of these factors will be given Notice at http://www.grants.gov. A sufficient information to address the equal weight in the evaluation process. paper copy of the FFO may be obtained evaluation criteria, with a total length of by calling (301) 975–6328. Technical no more than five (5) double spaced Precision Measurement Grants Program questions should be addressed to: Dr. pages, to the mailing address given Program Description: The National Peter J. Mohr at the address listed in the above in the ‘‘Addresses’’ section. These Institute of Standards and Technology Addresses section above, or at Tel: (301) proposals will be screened to determine (NIST) announces that the Precision 975–3217; E-mail: [email protected]. whether they address the requirements Measurement Grants Program is Grants Administration questions should outlined in this notice. Proposals that soliciting applications for financial be addressed to: Grants and Agreements do not meet those requirements will not assistance for FY 2005. The Precision Management Division; National Institute be considered further. Eight Measurement Grants Program is seeking of Standards and Technology; 100 independent, objective individuals, at proposals for significant research in the Bureau Drive, Stop 1650; Gaithersburg, least half of whom are NIST employees, field of fundamental measurement or MD 20899–1650; Tel: (301) 975–6328. and who are knowledgeable about the the determination of fundamental For assistance with using Grants.gov scientific areas that the program constants. As part of its research contact [email protected]. addresses will conduct a technical program, since 1970 NIST has awarded Funding Availability: Applicants review of each abbreviated proposal, Precision Measurement Grants primarily should propose multi-year projects for based on the evaluation criteria to universities and colleges so that up to three years at no more than described in the Evaluation Criteria faculty may conduct significant research $50,000 per year. NIST anticipates section for this program. The proposals in the field of fundamental spending $100,000 this year for two new will then be ranked based on the measurement or the determination of grants at $50,000 each for the first year average of the reviewers’ rankings. If fundamental constants. NIST sponsors of the research projects. NIST may non-Federal reviewers are used, the these grants and cooperative agreements award both, one, or neither of these new reviewers may discuss the proposals primarily to encourage basic, awards. Second and third year funding with each other, but the ranking will be measurement-related research in will be at the discretion of NIST, based determined on an individual basis, not universities and colleges and other on satisfactory performance, continuing as a consensus. research laboratories and to foster relevance to program objectives, and the The Chief of the Atomic Physics contacts between NIST scientists and availability of funds. Division of the Physics Laboratory, the those faculty members of academic Statutory Authority: The authority for the selecting official, will then select institutions and other researchers who Precision Measurement Grants Program is as approximately four to eight finalists. In are actively engaged in such work. The follows: As authorized by 15 U.S.C. 272 (b) selecting finalists, the selecting official Precision Measurement Grants are also and (c), NIST conducts directly, and supports will take into consideration the results through grants, a basic and applied research intended to make it possible for of the reviewers’ evaluations, including researchers to pursue new ideas for program in the general area of fundamental measurement and the determination of rank, and relevance to the program which other sources of support may be fundamental constants of nature. objectives described above in the difficult to find. There is some latitude Program Description section. Applicants Eligibility: Eligible applicants are in research topics that will be not selected as finalists will be notified institutions of higher education; considered under the Precision in writing. hospitals; non-profit organizations; Measurement Grants Program. The key Finalists will then be asked in writing requirement is that the proposed project commercial organizations; state, local and Indian tribal governments; foreign to submit full proposals in accordance support NIST’s ongoing work in the with the requirements set forth in the field of basic measurement science. governments; organizations under the jurisdiction of foreign governments; Content and Form of Application DATES: Abbreviated proposals must be Submission section of the FFO. The received at the address listed below no international organizations; and Federal agencies with appropriate legal same independent reviewers that later than 5 p.m. Eastern Standard Time reviewed the abbreviated proposals will on February 3, 2006. Proposals received authority. Review and Selection Process: All then evaluate the full proposals based after this deadline will be returned with abbreviated proposals and full on the same evaluation criteria, and the no further consideration. Finalists will applications received in response to this proposals will be ranked as previously be selected by approximately March 23, announcement will be reviewed to described. In selecting proposals that 2006, and will be requested to submit determine whether or not they are will be recommended for funding, the full proposals to NIST. All full complete and responsive to the scope of selecting official will take into proposals, paper and electronic, must be the stated objectives for each program. consideration the results of the received no later than 5 p.m. Eastern Incomplete or non-responsive reviewers’ evaluations, including rank Standard Time on May 5, 2006. abbreviated proposals and full and relevance to the program objectives ADDRESSES: Abbreviated proposals and applications will not be reviewed for described in the Program Description paper applications must be submitted technical merit. section of this notice. to: Dr. Peter J. Mohr; Manager, NIST The Program will retain one copy of The final approval of selected Precision Measurement Grants Program; each non-responsive abbreviated applications and award of grants will be National Institute of Standards and proposal and full application for three made by the NIST Grants Officer based Technology; 100 Bureau Drive, Stop years for record keeping purposes. The on compliance with application 8420; Gaithersburg, MD 20899–8420. remaining copies will be destroyed. requirements as published in this Electronic final proposals should be To simplify the proposal writing and notice, compliance with applicable legal uploaded to Grants.gov. evaluation process, the following and regulatory requirements, FOR FURTHER INFORMATION CONTACT: For selection procedure will be used: compliance with Federal policies that complete information about this All applicants must submit an best further the objectives of the program and instructions for applying abbreviated proposal (original and two Department of Commerce, and whether by paper or electronically, read the signed copies), containing a description the recommended applicants appear to Federal Funding Opportunity (FFO) of the proposed project, including be responsible.
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Applicants may be asked to modify applicant, and the cost of such work complete and responsive to the scope of objectives, work plans, or budgets and should ordinarily be included in the the stated objectives for each program. provide supplemental information budget. Incomplete or non-responsive required by the agency prior to award. If an applicant proposes collaboration applications will not be reviewed for The decision of the Grants Officer is with NIST, the statement of work technical merit. The Program will retain final. should include a statement of this one copy of each non-responsive Unsuccessful applicants will be intention, a description of the application for three years for record notified in writing. The Program will collaboration, and prominently identify keeping purposes. The remaining copies retain one copy of each unsuccessful the NIST employee(s) involved, if will be destroyed. application for three years for record known. Any collaboration by a NIST Paperwork Reduction Act: The keeping purposes. The remaining copies employee must be approved by standard forms in the application kit will be destroyed. appropriate NIST management and is at involve a collection of information Evaluation Criteria: The evaluation the sole discretion of NIST. Prior to subject to the Paperwork Reduction Act. criteria to be used in evaluating the beginning the merit review process, The use of Standard Forms 424, 424A, abbreviated application proposals and NIST will verify the approval of the 424B, SF–LLL, and CD–346 have been full proposals are: proposed collaboration. Any approved by OMB under the respective 1. The importance of the proposed unapproved collaboration will be Control Numbers 0348–0043, 0348– research—Does it have the potential of stricken from the proposal prior to the 0044, 0348–0040, 0348–0046, and 0605– answering some currently pressing merit review. 0001. question or of opening up a whole new Use of NIST Intellectual Property: If Notwithstanding any other provision area of activity? the applicant anticipates using any of the law, no person is required to 2. The relationship of the proposed NIST-owned intellectual property to respond to, nor shall any person be research to NIST’s ongoing work—Will carry out the work proposed, the subject to a penalty for failure to comply it support one of NIST’s current efforts applicant should identify such with, a collection subject to the to develop a new or improved intellectual property. This information requirements of the Paperwork fundamental measurement method or will be used to ensure that no NIST Reduction Act, unless that collection of physical standard, test the basic laws of employee involved in the development information displays a currently valid physics, or provide an improved value of the intellectual property will OMB Control Number. for a fundamental constant? participate in the review process for that Research Projects Involving Human 3. The feasibility of the research and competition. In addition, if the Subjects, Human Tissue, Data or the potential impact of the grant—Is it applicant intends to use NIST-owned Recordings Involving Human Subjects: likely that significant progress can be intellectual property, the applicant must Any proposal that includes research made in a three year time period with comply with all statutes and regulations involving human subjects, human the funds and personnel available and governing the licensing of Federal tissue, data or recordings involving that the funding will enable work that government patents and inventions, human subjects must meet the would otherwise not be done with described at 35 U.S.C. sec. 200–212, 37 requirements of the Common Rule for existing or potential funding? CFR part 401, 15 CFR 14.36, and in the Protection of Human Subjects, 4. The qualifications of the section 20 of the Department of codified for the Department of applicant—Does the educational and Commerce Pre-Award Notification Commerce at 15 CFR part 27. In employment background and the quality Requirements published on December addition, any proposal that includes of the research, based on recent 30, 2004 (69 FR 78389). Questions about research on these topics must be in publications, of the applicant indicate these requirements may be directed to compliance with any statutory that there is a high probability that the the Counsel for NIST, 301–975–2803. requirements imposed upon the proposed research will be carried out Any use of NIST-owned intellectual Department of Health and Human successfully? property by a proposer is at the sole Services (DHHS) and other federal Each of these factors is given equal discretion of NIST and will be agencies regarding these topics, all weight in the evaluation process. negotiated on a case-by-case basis if a regulatory policies and guidance Cost Share Requirements: The project is deemed meritorious. The adopted by DHHS, FDA, and other Precision Measurement Grants Program applicant should indicate within the Federal agencies on these topics, and all does not require any matching funds. statement of work whether it already Presidential statements of policy on The following information applies to has a license to use such intellectual these topics. all programs announced in this notice: property or whether it intends to seek NIST will accept the submission of The Department of Commerce Pre- one. human subjects protocols that have been Award Notification Requirements for If any inventions made in whole or in approved by Institutional Review Grants and Cooperative Agreements: part by a NIST employee arise in the Boards (IRBs) possessing a current, valid The Department of Commerce Pre- course of an award made pursuant to Federal-wide Assurance (FWA) from Award Notification Requirements for this notice, the United States DHHS. NIST will not issue a single Grants and Cooperative Agreements government may retain its ownership project assurance (SPA) for any IRB contained in the Federal Register notice rights in any such invention. Licensing reviewing any human subjects protocol of December 30, 2004 (69 FR 78389). On or other disposition of NIST’s rights in proposed to NIST. the form SF–424, the applicant’s 9-digit such inventions will be determined On August 9, 2001, the President Dun and Bradstreet Data Universal solely by NIST, and include the announced his decision to allow Federal Numbering System (DUNS) number possibility of NIST putting the funds to be used for research on existing must be entered in the Applicant intellectual property into the public human embryonic stem cell lines as Identifier block (68 FR 38402). domain. long as prior to his announcement (1) Collaborations with NIST Employees: Initial Screening of all Applications: the derivation process (which All applications should include a All applications received in response to commences with the removal of the description of any work proposed to be this announcement will be reviewed to inner cell mass from the blastocyst) had performed by an entity other than the determine whether or not they are already been initiated and (2) the
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embryo from which the stem cell line other law, for rules relating to public and consultations with interested was derived no longer had the property, loans, grants, benefits or Federal, state, and local agencies and possibility of development as a human contracts (5 U.S.C. 553(a)), a Regulatory members of the public. A public being. NIST will follow guidance issued Flexibility Analysis is not required and meeting will be held as part of the site by the National Institutes of Health at has not been prepared for this notice, 5 visit. Notice is hereby given of the dates http://ohrp.osophs.dhhs.gov/ U.S.C. 601 et seq. of the site visits for the listed humansubjects/guidance/stemcell.pdf Dated: December 15, 2005. evaluations, and the dates, local times, for funding such research. and locations of the public meeting William Jeffrey, Research Projects Involving Vertebrate during the site visits. Animals: Any proposal that includes Director, NIST. The ACE Basin (South Carolina) research involving vertebrate animals [FR Doc. 05–24424 Filed 12–22–05; 8:45 am] National Estuarine Research Reserve must be in compliance with the BILLING CODE 3510–13–P evaluation site visit will be held January National Research Council’s ‘‘Guide for 30-February 3, 2006. One public the Care and Use of Laboratory meeting will be held during the week. Animals’’ which can be obtained from DEPARTMENT OF COMMERCE The public meeting will be held on National Academy Press, 2101 National Oceanic and Atmospheric Tuesday, January 31, 2006, at 6:30 p.m. Constitution Avenue, NW., Washington, at the Edisto Interpretive Center, Edisto Administration DC 20055. In addition, such proposals Beach State Park, 8377 State Cabin must meet the requirements of the Evaluation of State Coastal Road, Edisto Island, South Carolina. Animal Welfare Act (7 U.S.C. 2131 et Management Programs and National The Jobos Bay (Puerto Rico) National seq.), 9 CFR parts 1, 2, and 3, and if Estuarine Research Reserves Estuarine Research Reserve (NERR) appropriate, 21 CFR part 58. These evaluation site visit will be held January regulations do not apply to proposed AGENCY: National Oceanic and 30-February 3, 2006. One public research using pre-existing images of Atmospheric Administration (NOAA), meeting will be held during the week. animals or to research plans that do not Office of Ocean and Coastal Resource The public meeting will be held on include live animals that are being cared Management, National Ocean Service, Wednesday, February 1, 2006, at 5 p.m. for, euthanized, or used by the project Commerce. at the Jobos Bay NERR Visitors’ Center, participants to accomplish research ACTION: Notice of Intent to Evaluate and Road 705, Kilometer 2.3, Main Street, goals, teaching, or testing. These Notice of Availability of Final Findings. Aguirre, Puerto Rico. regulations also do not apply to The North Carolina Coastal obtaining animal materials from SUMMARY: The NOAA Office of Ocean Management Program evaluation site commercial processors of animal and Coastal Resource Management visit will be held February 6–10, 2006. products or to animal cell lines or (OCRM) announces its intent to evaluate Three public meetings will be held tissues from tissue banks. the performances of the Ashepoo- during the week. The first public Limitation of Liability: In no event Combahee-Edisto (ACE) Basin (South meeting will be held on Monday, will the Department of Commerce be Carolina) National Estuarine Research February 6, 2006, at 6 p.m. at the North responsible for proposal preparation Reserve, the Jobos Bay (Puerto Rico) Carolina Department of Environment costs if these programs fail to receive National Estuarine Research Reserve, and Natural Resources, Wilmington funding or are cancelled because of the North Carolina Coastal Management Regional Office, Room 200, 127 Cardinal other agency priorities. Publication of Program, and the Commonwealth of the Drive Extension, Wilmington, North this announcement does not oblige the Northern Mariana Islands (CNMI) Carolina. The second public meeting agency to award any specific project or Coastal Management Program. will be held on Tuesday, February 7, to obligate any available funds. Funding The Coastal Zone Management 2006, at 6 p.m. at the Carteret County of any award under any program Program evaluations will be conducted Courthouse, Commissioners Boardroom, announced in this notice is subject to pursuant to section 312 of the Coastal One Courthouse Square, Beaufort, North the availability of funds. Zone Management Act of 1972, as Carolina. The third public meeting will Executive Order 12866: This funding amended (CZMA) and regulations at 15 be held on Wednesday, February 8, notice was determined to be not CFR Part 923, Subpart L. The National 2006, at 6 p.m. at the Dare County significant for purposes of Executive Estuarine Research Reserve evaluations Commissioners Office, 204 Ananias Order 12866. will be conducted pursuant to sections Dare Street, Manteo, North Carolina. Executive Order 13132 (Federalism): 312 and 315 of the CZMA and The CNMI Coastal Management It has been determined that this notice regulations at 15 CFR Part 921, Subpart Program evaluation site visit will be does not contain policies with E and Part 923, Subpart L. The CZMA held February 13–17, 2006. One public federalism implications as that term is requires continuing review of the meeting will be held during the week. defined in Executive Order 13132. performance of states with respect to The public meeting will be held on Executive Order 12372: Applications coastal program implementation. Tuesday, February 14, 2006, at 5 p.m. at under this program are not subject to Evaluation of Coastal Management the Coastal Resource Management Executive Order 12372, Programs and National Estuarine Office, First Floor Conference Room, ‘‘Intergovernmental Review of Federal Research Reserves requires findings Morgen Building, San Jose, Saipan. Programs.’’ concerning the extent to which a state Copies of states’ most recent Administrative Procedure Act/ has met the national objectives, adhered performance reports, as well as OCRM’s Regulatory Flexibility Act: Notice and to its Coastal Management Program evaluation notification and comment are not required under the document or Reserve final management supplemental information request Administrative Procedure Act (5 U.S.C. plan approved by the Secretary of letters to the states, are available upon 553) or any other law, for rules relating Commerce, and adhered to the terms of request from OCRM. Written comments to public property, loans, grants, financial assistance awards funded from interested parties regarding these benefits or contracts (5 U.S.C. 553 (a)). under the CZMA. Programs are encouraged and will be Because notice and comment are not Each evaluation will include a site accepted until 15 days after the public required under 5 U.S.C. 553, or any visit, consideration of public comments, meeting held for a Program. Please
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direct written comments to Ralph DEPARTMENT OF COMMERCE Endangered Species Act of 1973, as Cantral, Chief, National Policy and amended (ESA; 16 U.S.C. 1531 et seq.), Evaluation Division, Office of Ocean National Oceanic and Atmospheric and the regulations governing the and Coastal Resource Management, Administration taking, importing, and exporting of NOS/NOAA, 1305 East-West Highway, endangered and threatened species (50 10th Floor, N/ORM7, Silver Spring, DEPARTMENT OF THE INTERIOR CFR parts 17 and 222–226). Maryland 20910. When the evaluations In compliance with the National are completed, OCRM will place a U.S. Fish and Wildlife Service Environmental Policy Act of 1969 (42 notice in the Federal Register [I.D. 111805B] U.S.C. 4321 et seq.), an environmental announcing the availability of the Final assessment was prepared analyzing the effects of the permitted activities. After Evaluation Findings. Marine Mammals and Endangered Species, National Marine Fisheries a Finding of No Significant Impact, the Notice is hereby given of the Service Permit No. 960–1528–01; U.S. determination was made that it was not availability of the final evaluation Fish and Wildlife Service Permit No. necessary to prepare an environmental findings for the Hawaii and Louisiana PRT017891 impact statement. Coastal Management Programs (CMPs); Dated: November 9, 2005. AGENCIES: National Marine Fisheries and the Great Bay (New Hampshire) and Stephen L. Leathery, Hudson River (New York) National Service (NMFS), National Oceanic and Chief, Permits, Conservation and Education Estuarine Research Reserves (NERRs). Atmospheric Administration (NOAA), Commerce; U.S. Fish and Wildlife Division, Office of Protected Resources, Sections 312 and 315 of the Coastal National Marine Fisheries Service. Zone Management Act of 1972 (CZMA), Service, Interior. as amended, require a continuing ACTION: Notice; issuance of permit Dated: December 14, 2005. review of the performance of coastal amendment. Charlie R. Chandler, states with respect to approval of CMPs Chief, Branch of Permits, Division of SUMMARY: Notice is hereby given that Management Authority, U.S. Fish and and the operation and management of the Museum of Natural History Wildlife Service. NERRs. Collections, Department of [FR Doc. 05–24422 Filed 12–22–05; 8:45 am] The states of Hawaii and Louisiana Environmental Studies, University of BILLING CODE 3510–22–S were found to be implementing and California, Santa Cruz, CA 95064 enforcing their federally approved [Principal Investigator: Tonya Haff], has coastal management programs, been issued an amendment to scientific DEPARTMENT OF COMMERCE addressing the national coastal research. National Oceanic and Atmospheric management objectives identified in ADDRESSES: The permit and related Administration CZMA Section 303(2)(A)–(K), and documents are available for review adhering to the programmatic terms of upon written request or by appointment [Docket No. 030602141–5340–33; I.D. their financial assistance awards. The in the following office(s): 061505A] Great Bay (New Hampshire) and Permits, Conservation and Education RIN 0648–ZB55 Hudson River (New York) NERRs were Division, Office of Protected Resources, found to be adhering to programmatic NMFS, 1315 East-West Highway, Room Availability of Grant Funds for Fiscal requirements of the NERR System. 13705, Silver Spring, MD 20910; phone Year 2006 (301)713–2289; fax (301)427–2521; Copies of these final evaluation Southwest Region, NMFS, 501 West AGENCY: National Oceanic and findings may be obtained upon written Ocean Blvd., Suite 4200, Long Beach, Atmospheric Administration (NOAA), request from: Ralph Cantral, Chief, CA 90802–4213; phone (562)980–4001; Department of Commerce (DOC). National Policy and Evaluation fax (562)980–4018; and ACTION: Omnibus notice; availability of Division, Office of Ocean and Coastal U.S. Fish and Wildlife Service, grant funds. Resource Management, NOS/NOAA, Division of Management Authority, SUMMARY: The National Oceanic and 1305 East-West Highway, 10th Floor, N/ 4401 North Fairfax Drive, Room 700, ORM7, Silver Spring, Maryland 20910, Atmospheric Administration (NOAA) Arlington, VA 22203 (1–800–358–2104). announces a second availability of grant or [email protected]. FOR FURTHER INFORMATION CONTACT: funds for Fiscal Year 2006. The purpose FOR FURTHER INFORMATION CONTACT: Ruth Johnson or Jennifer Skidmore, of this notice is to provide the general Ralph Cantral, Chief, National Policy Office of Protected Resources, NMFS, public with a consolidated source of and Evaluation Division, Office of (301)713–2289; and Monica Farris, program and application information Ocean and Coastal Resource Branch of Permits, USFWS (1–800–358– related to NOAA’s competitive grant Management, NOS/NOAA, 1305 East- 2104) offerings. It contains the information West Highway, 10th Floor, N/ORM7, SUPPLEMENTARY INFORMATION: On July about those programs as required to be Silver Spring, Maryland 20910, (301) 25, 2005, notice was published in the published in the Federal Register. This 563–7118. Federal Register (70 FR 42535) that a omnibus notice is designed to replace request to amend Permit No. 960–1528/ multiple Federal Register notices that Dated: December 16, 2005. PRT017891 had been submitted by the traditionally advertised the availability Mitchell Luxenberg, above-named organization. The of NOAA’s discretionary funds for its Acting Chief Financial Officer. requested permit amendment has been various programs. Applicants must Federal Domestic Assistance Catalog 11.419 issued under the authority of the Marine comply with all requirements contained Coastal Zone Management Program Mammal Protection Act of 1972, as in the full funding opportunity Administration amended (MMPA;16 U.S.C. 1361 et announcements for each project [FR Doc. 05–24391 Filed 12–22–05; 8:45 am] seq.), the Regulations Governing the competition in this announcement. It Taking and Importing of Marine should be noted that additional program BILLING CODE 3510–08–P Mammals (50 CFR parts 18 and 216), the initiatives unanticipated at the time of
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the publication of this notice may be 2. Sea Grant - Marine Aquaculture contact Dun & Bradstreet at 1–866–705– announced later in the year. Program 5711. This will take about 10 minutes DATES: Applications must be received 3. Sea Grant - Regional Research, and is free of charge. Be sure to by the date and time indicated under Information Planning and Coordination complete the Marketing Partner ID each program listing in the Electronic Access (MPIN) and Electronic Business Primary SUPPLEMENTARY INFORMATION section. Point of Contact fields during the CCR As has been the case since October 1, ADDRESSES: Applications must be registration process. These are 2004, applicants can access, download submitted to the addresses listed in the mandatory fields that are required when and submit electronic grant applications SUPPLEMENTARY INFORMATION section for submitting grant applications through for NOAA Programs through the each program. This Federal Register Grants.gov. Grants.gov Web site at www.Grants.gov. notice may be found at the Grants.gov These announcements will also be Get Started Step 3 B Register with the Web site, http://www.grants.gov, and the available at the NOAA web site or by Credential Provider NOAA Web site at http:// contacting the program official www.ago.noaa.gov/grants/ You must register with a Credential funding.shtml. identified below. However, applicants Provider to receive a username and without Internet access may still submit password. This will be required to FOR FURTHER INFORMATION CONTACT: For hard copies of their applications. The securely submit your grant application. a copy of the full funding opportunity closing dates for applications filed announcement and/or application kit, through Grants.gov are the same as for Get Started Step 4 B Register with access it at Grants.gov, via NOAA’s Web the paper submissions noted in this Grants.gov site, or by contacting the person listed announcement. For applicants filing The final step in the Get Started as the information contact under each through Grants.gov, NOAA strongly process is to register with Grants.gov. program. recommends that you do not wait until This will be required to submit grant SUPPLEMENTARY INFORMATION: NOAA the application deadline date to begin applications on behalf of your published its first omnibus notice the application process. Registration organization. After you have completed announcing the availability of grant may take up to 10 business days. the registration process, you will receive funds for both projects and fellowships/ Getting started with Grants.gov is e-mail notification confirming that you scholarships/internships for Fiscal Year easy! Go to www.Grants.gov. There are are able to submit applications through 2006 in the Federal Register on June 30, two key features on the site: Find Grant Grants.gov. Opportunities and Apply for Grants. 2005 (70 FR 37766). The evaluation Get Started Step 5 B Log on to criteria and selection procedures Everything else on the site is designed Grants.gov contained in that notice are applicable to support these two features and your to this solicitation. For a copy of the use of them. While you can begin After you have registered with June 30, 2005, omnibus notice, please go searching for grant opportunities for Grants.gov, you can log on to Grants.gov to: http://www.Grants.gov or http:// which you would like to apply to verify if you have registered www.ago.noaa.gov/grants/ immediately, it is recommended that successfully, to check application funding.shtml. Applicants must comply you complete the remaining Get Started status, and to update information in with all requirements contained in the steps sooner rather than later, so that your applicant profile, such as your full funding opportunity when you find an opportunity for which name, telephone number, e-mail announcements for each project you would like to apply, you are ready address, and title. In the future, you will competition in this announcement. This to go. have the ability to determine if you are omnibus notice describes funding authorized to submit applications opportunities for the following NOAA Get Started Step 1 B Find Grant through Grants.gov on behalf of your discretionary grant programs: Opportunity for Which You Would Like organization. to Apply NOAA Project Competitions List of NOAA Project Competitions Start your search for Federal Detailed information is found government-wide grant opportunities National Marine Fisheries Service elsewhere in this notice. and register to receive automatic e-mail 1. Chesapeake Bay Integrated Science notifications of new grant opportunities National Marine Fisheries Service Program or any modifications to grant 1. Chesapeake Bay Integrated Science opportunities as they are posted to the SUMMARY DESCRIPTION: The Program site by clicking the Find Grant NOAA Chesapeake Bay Office’s (NCBO) 2. Mid-Atlantic Research Set-Aside Opportunities tab at the top of the page. Chesapeake Bay Integrated Science 3. Proactive Species Conservation Program is a competitive program that Program Get Started Step 2 B Register with supports vital restoration, research, Central Contractor Registry (CCR) National Ocean Service monitoring, analysis, modeling and Your organization will also need to be assessment activities that will assist the 1. Bay Watershed Education & registered with Central Contractor Chesapeake Bay Program, NOAA, and Training (B-WET) Program, San Registry. You can register with them other program partners in reaching the Francisco and Santa Barbara 2. Geodetic Science and Applied online. This will take about 30 minutes. goal of effective ecosystem-based Research You should receive your CCR management and integrated restoration. registration within three business days. All projects supported through this National Weather Service Important: You must have a DUNS program must address the strategic goals 1. Minority Serving Institution (MSI) number from Dun & Bradstreet before and objectives of NCBO http:// Program you register with CCR. Many noaa.chesapeakebay.net and provide organizations already have a DUNS timely information for making resource Oceanic and Atmospheric Research number. To determine if your management decisions in an ecosystem 1. NOAA’s Great Lakes Ecosystem organization already has a DUNS context. Science Program priorities are Research Program number or to obtain a DUNS number, designed to be responsive to and
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compatible with the scientific and organizations, state, local and Indian body of information on which technical information needs of the tribal governments. Federal agencies or management decisions are made. Chesapeake Bay as identified on institutions are not eligible to receive FUNDING AVAILABILITY: No NCBO’s Funding Opportunities web Federal assistance under this notice. Federal funds are provided for research page http://noaa.chesapeakebay.net/ COST-SHARING REQUIREMENTS: under this notification, but rather the fundingopportunities.aspx. No cost sharing is required under this opportunity to fish and sell the catch to FUNDING AVAILABILITY: This program, however, the NCBO strongly generate income. The Federal solicitation announces funds in the encourages applicants to share as much Government may issue an Exempted amount of $5,000,000 may be available of the project costs as possible. Funds Fishing Permit (EFP) or Letter of in FY 2006 in award amounts to be from other Federal awards may not be Acknowledgment (LOA), as applicable, determined by the proposals and considered matching funds. The nature which may provide special fishing available funds. Annual funding is of the contribution (cash versus in-kind) privileges in response to research anticipated to fund projects for up to 3 and the amount of matching funds will proposals selected under this program. years duration, but is dependent on be taken into consideration in the In the past several years, two to five funding made available in the federal review process. Priority selection will awards have been issued per year. It is FY06 appropriation. Funding for be given to proposals that propose cash anticipated that no more than five subsequent years will also depend on rather than in-kind contributions. awards will be issued for the 2007 the performance of grantees to INTERGOVERNMENTAL REVIEW: fishing year. STATUTORY AUTHORITY: Issuing successfully conduct activities as Applications under this program are determined by the Federal Program grants is consistent with sections subject to Executive Order 12372, Officer through performance reports, 303(b)(11), 402(e), and 404(c) of the ‘‘Intergovernmental Review of Federal site visits, and compliance with award Magnuson-Stevens Fishery Programs.’’ conditions. It is the intent of the NOAA Conservation and Management Act, 16 Chesapeake Bay Office to renew funding 2. Mid-Atlantic Research Set-Aside U.S.C. 1853(b)(11), 16 U.S.C. 1881a(e), for several projects currently being and 16 U.S.C. 1881c(c), respectively. SUMMARY DESCRIPTION: The supported by this ongoing science The award of a set-aside from the TAL research set-aside (RSA) Program program, pending successful review of a of selected species resulted from the provides a mechanism to fund research new workplan and adequate progress approval of Framework Adjustment 1 and compensate vessels through the sale reports and/or site visits. It is also the (Framework 1) to the Atlantic Mackerel, of fish harvested under a research quota. intent of NCBO to award funding to new Squid, and Butterfish; Summer For fishing year 2007 (January 1– projects as available funds permit. Flounder, Scup, and Black Sea Bass; STATUTORY AUTHORITY: 16 U.S.C. December 31, 2007), NOAA’s National and Bluefish Fishery Management Plans 661 Marine Fisheries Service (NMFS) (FMPs); and the RSA provisions of the CFDA: 11.457 Chesapeake Bay announces that up to 3 percent of the Tilefish FMP. Framework 1 established Studies total allowable landings (TAL) in certain a procedure through which RSA APPLICATION DEADLINE: Full Mid-Atlantic fisheries may be dedicated amounts are set annually as part of the proposals must be received by 5 p.m. to research endeavors under the RSA Mid-Atlantic Fishery Management eastern time on March 15, 2006. Letters program. The setting of the actual RSA Council’s (Council) quota-setting of Intent must be received by 5 p.m. quotas will be the subject of future process and codified in regulations at 50 eastern time on February 3, 2006. rulemaking. NMFS is soliciting CFR 648.21(g). ADDRESS FOR SUBMITTING proposals for research activities CFDA: 11.454, Unallied Management PROPOSAL(S): Electronic application concerning the summer flounder, scup, Projects packages are strongly encouraged and black sea bass, Loligo squid, Illex squid, APPLICATION DEADLINE: are available at: http://www.grants.gov/. Atlantic mackerel, butterfish, bluefish, Applications must be received by NMFS If the applicant has difficulty accessing and tilefish fisheries. The set-asides may on or before 5 p.m. e.s.t. on February 21, Grants.gov or downloading the required range between 0 and 3 percent of each 2006. forms from the NCBO Web site, they species’ TAL. The set-aside allocated for ADDRESS FOR SUBMITTING should contact Derek Orner, NOAA a given species is designated primarily APPLICATION(S): Applications should Chesapeake Bay Office; 410 Severn for research involving that species. be submitted through http:// Avenue, Suite 107A, Annapolis, MD However, to promote research for www.grants.gov, and use the following 21403, or by phone at 410–267–5676, or species where it would otherwise be funding opportunity # NMFS-NERO– fax to 410–267–5666, or via Internet at infeasible, individual research projects 2006–2000437 unless an applicant does [email protected]. Paper may involve a percentage of the set- not have Internet access. In that case, applications are available on the NCBO aside allocations for several other hard copies should be sent to NMFS, Web site: http:// species listed in this notice. Therefore, Northeast Regional Office, One noaa.chesapeakebay.net/ or can be in addition to, or in lieu of, applying for Blackburn Drive, Gloucester, MA 01930. obtained by contacting Derek Orner. part of the set-aside involving a species Mark proposals ‘‘Attention: Mid- INFORMATION CONTACTS: Derek directly involved in a research project, Atlantic Research Set-Aside Program.’’ Orner, NOAA Chesapeake Bay Office; applicants may also apply for up to 25 INFORMATION CONTACT: Daniel 410 Severn Avenue, Suite 107A, percent of the RSA quota for species not Furlong, Executive Director, Mid- Annapolis, MD 21403, or by phone at directly involved in a particular Atlantic Fishery Management Council, 410–267–5676, or fax to 410–267–5666, research project. No Federal funds are by phone at 302–674–2331 ext. 19, or or via Internet at [email protected]. provided for research under this fax at 302–674–5399; Clay Heaton, ELIGIBILITY: Eligible applicants are notification, but rather the opportunity Fishery Management Specialist, Mid- institutions of higher education, other to fish and sell the catch to generate Atlantic Fishery Management Council, nonprofits, commercial organizations, income to offset research costs. Projects by phone 302–674–2331 ext. 13, or via foreign governments, organizations funded under an RSA allocation (or e-mail at [email protected]; or Paul under the jurisdiction of foreign award) must enhance understanding of Perra, Fishery Policy Analyst, NMFS, governments, international the fishery resource or contribute to the Northeast Regional Office, One
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Blackburn Drive, Gloucester, MA 01930, www.grants.gov. If online submission is proposals that provide opportunities for by phone 978–281–9153, by fax at 978– not possible, paper or electronic Professional Development in the area of 281–9135, or via e-mail at applications may also be submitted to Environmental Education for Teachers. [email protected]. NOAA/NMFS/Office of Protected Proposals may be submitted for up to 3 ELIGIBILITY: Eligible applicants Resources, Attn: Lisa Manning, 1315 years. However, funds will be made include, but are not limited to, East-West Highway, SSMC3, Silver available for only a 12-month award institutions of higher education, Spring, MD 20910; e-mail: period and any continuation of the hospitals, other nonprofits, commercial [email protected]. award period will depend on organizations, individuals, state, local INFORMATION CONTACTS: Lisa submission of a successful proposal and Native American tribal Manning, 1315 East-West Highway, subject to technical and panel reviews, governments. Federal agencies and Silver Spring, MD 20910; e-mail: adequate progress on previous award(s), institutions are not eligible to receive [email protected]; phone: 301– and available funding to continue the Federal assistance under this notice. 713–1401. award. The National Marine Sanctuary Additionally, employees of any Federal ELIGIBILITY: State, local or Indian Program may continue funding existing agency or Regional Fishery Management tribal governments that have regulatory grants that were funded in the previous Council are ineligible to submit an or management authority over activities application process. New grants will be application under this program. that affect one or more species of awarded to continue these projects However, Council members who are not concern identified by NMFS. under this announcement pending Federal employees may submit an COST SHARING REQUIREMENTS: successful review of a new application application. There are no cost-sharing or matching package, and adequate progress reports COST SHARING REQUIREMENTS: requirements under this solicitation. and/or site visits. None INTERGOVERNMENTAL REVIEW: STATUTORY AUTHORITY: 16 U.S.C. INTERGOVERNMENTAL REVIEW: Applications under this program are 1440, 15 U.S.C. 1540. Applicants under this program are subject to Executive Order 12372, CFDA: 11.429, Marine Sanctuary subject to Executive Order 12372, ‘‘Intergovernmental Review of Federal Program. ‘‘Intergovernmental Review of Federal Programs.’’ Programs.’’ APPLICATION DEADLINE: Proposals National Ocean Service must be received by 5 p.m. pacific 3. Proactive Species Conservation standard time on February 21, 2006. Program 1. Bay Watershed Education & Training (B-WET) Program, San Francisco and ADDRESS FOR SUBMITTING SUMMARY DESCRIPTION: The Santa Barbara PROPOSAL(S): Applicants are National Marine Fisheries Service encouraged to submit proposals (NMFS) announces the availability of SUMMARY DESCRIPTION: The electronically through the Grants.gov federal funding to support the California B-WET grant program is a on-line system. If you are submitting conservation of marine and anadromous competitively based program that hard copy proposals you may send them species of concern. To raise awareness supports existing environmental to Seaberry Nachbar, Monterey Bay of potentially at-risk species and to education programs, fosters the growth National Marine Sanctuary Office; 299 foster their proactive conservation, the of new programs, and encourages the Foam Street, Monterey, CA 93940. development of partnerships among NMFS created a ‘‘species of concern’’ INFORMATION CONTACT: Seaberry environmental education programs list in April 2004 (69 FR 19975). Under Nachbar, phone 831–647–4204, fax 831– throughout the Monterey Bay, San this solicitation, the NMFS is seeking to 647–4250, Internet at Francisco Bay and Santa Barbara support the development and [email protected]. implementation of conservation plans Channel watersheds. Funded projects provide Meaningful Watershed ELIGIBILITY: Eligible applicants for for these federally identified species of both areas of interest are K-through–12 concern. Any state, tribal, or local entity Experiences for students and Professional Development public and independent schools and that has management or regulatory school systems, institutions of higher authority over activities that affect these Opportunities for Teachers in the Area of Environmental Education. education, nonprofit organizations, state species is eligible to apply. A current or local government agencies, and list of NMFS’ species of concern can be FUNDING AVAILABILITY: This solicitation announces that Indian tribal governments. Individuals found at http://www.nmfs.noaa.gov/pr/ and Federal agencies are not eligible. species/concern/#list. approximately $1,050,000 may be COST SHARING REQUIREMENTS: FUNDING AVAILABILITY: available in FY 2006 in award amounts No cost sharing is required under this Approximately $2.0M in funding may to be determined by the proposals and program however, the National Marine be available for multi-year awards in FY available funds. It is anticipated that Sanctuary Program strongly encourages 2006, in award amounts of $400K to approximately 25 grants will be applicants to share as much of the costs $1.0M per fiscal year. Award periods awarded with these funds. This of the award as possible. Funds from will be for 5 years, with annual funding solicitation announces that other Federal awards may not be contingent on the availability of Federal approximately $1,050,000 may be considered matching funds. The nature appropriations. available in FY 2006 in award amounts STATUTORY AUTHORITY: 16 U.S.C. to be determined by the proposals and of the contribution (cash versus in-kind) 661 available funds. About $700,000 will be and the amount of matching funds will CFDA: 11.472, Unallied Science made available to the San Francisco be taken into consideration in the Programs. watershed area and about $350,000 will review process with cash being the APPLICATION DEADLINE: Proposals be made available to the Santa Barbara preferred method of contribution. must be received by 5 p.m. eastern time Channel watershed area. About INTERGOVERNMENTAL REVIEW: on March 1, 2006. $525,000 will be for proposals that Applications under this program are not ADDRESS FOR SUBMITTING provide opportunities for students to subject to Executive Order 12372, PROPOSAL(S): Applicants should participate in a Meaningful Watershed ‘‘Intergovernmental Review of Federal submit proposals online through Experience. About $525,000 will be for Programs.’’
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2. Geodetic Science and Applied INTERGOVERNMENTAL REVIEW: Serving Institutions, (iii) Tribal Colleges Research (GSAR) Program Applications under this program are not and Universities, or (iv) Alaska Native SUMMARY DESCRIPTION: The subject to Executive Order 12372, or Native Hawaiian Serving Institutions GSAR Program represents an NOAA/ ‘‘Intergovernmental Review of Federal on the most recent ‘‘United States NGS effort to conduct basic and applied Programs.’’ Department of Education Accredited Post-Secondary Minority Institutions’’ research in the geodetic sciences that National Weather Service advances positioning operations and list (at the date of publication of this services in support of transportation and 1. Minority Serving Institution (MSI) announcement). Proposals will not be commerce on a national basis. This Program accepted from non-profit organizations, opportunity is focused on a specific SUMMARY DESCRIPTION: NWS is foundations, auxiliary services or any problem: To develop scientific and soliciting projects to be conducted by other entity on behalf of MSIs. management applications for the university investigators for 1-year or 2- COST SHARING REQUIREMENTS: Shallow Water Positioning System years, with an anticipated start date of None. (SWaPS). Post-processing the GPS data [244 days after RFA publication date or INTERGOVERNMENTAL REVIEW: allows the user to recover the same nearest first day of the month]. The Applications under this program are not position again with sub-meter accuracy. NWS MSI Program represents an subject to Executive Order 12372, There are at least five additional NOAA/NWS effort to promote and ‘‘Intergovernmental Review of Federal priorities that will be addressed in the increase diversity in the atmospheric Programs.’’ future in the GSAR Program. and related sciences through Oceanic and Atmospheric Research FUNDING AVAILABILITY: This collaborative research between (OAR) funding opportunity announces that operational forecasters and academic $27,300 will be available through this institutions which have expertise in the 1. NOAA’s Great Lakes Ecosystem announcement for fiscal year 2006. environmental sciences, as well as Research Program Proposals should be prepared assuming capacity building for colleges and SUMMARY DESCRIPTION: Great a three-year budget of no more than universities with emerging programs. Lakes Environmental Research $75,000. It is expected that one award These activities will engage researchers Laboratory (GLERL) is actively involved will be made, depending on availability and students in applied research of in research on ecological prediction, of funds. interest to the operational aquatic invasive species, physical STATUTORY AUTHORITY: 33 U.S.C. meteorological community and develop environment prediction, and 883d. new educational opportunities for the environmental observing systems. CFDA: 11.400, Applied Geodetic Specific research projects include Research. public. APPLICATION DEADLINE: Proposals FUNDING AVAILABILITY: studies on the zebra mussel in the Great must be received by the NGS no later Approximately $150,000 will be Lakes, the impacts of climate change on than 5 p.m., eastern standard time available through this announcement for the Great Lakes and mid-U.S. water January 23, 2006. fiscal year 2006. Proposals should be resources, the development of coastal ADDRESS FOR SUBMITTING prepared assuming an annual budget of environmental forecast systems, Great PROPOSAL(S): Proposals should be no more than $50,000. It is expected Lakes water supplies, water level submitted through Grants.gov APPLY. that approximately three awards will be forecasting, food web interactions and For those applicants without Internet made, depending on availability of regulation and forecasting risks to access, proposals should be submitted funds. Human Health (e.g. beach closings, to: Geosciences Research Division; STATUTORY AUTHORITY: 15 USC drinking water quality and harmful algal NOAA National Geodetic Survey; N/ 313; 49 USC 44720(b); 33 USC 883d; 15 blooms). NGS6; 1315 East-West Highway, Room USC 2904; 15 USC 2934 FUNDING AVAILABILITY: Total 8106; Silver Spring, MD 20910. CFDA: 11.468, Applied anticipated federal funding for FY 2006 INFORMATION CONTACTS: Dr. Meteorological Research is $2.1M in first year funding for 40 - Gerald Mader: (301) 713-2854 ext. 201, APPLICATION DEADLINE: Proposals 200 number of awards. Federal Funding or fax to (301) 713-4176, or via Internet must be received by the NWS no later for FY 2007 and beyond may be used in at [email protected]. than 5 p.m., e.s.t., March 23, 2006. part to fund some awards submitted ELIGIBILITY: Eligible applicants are ADDRESS FOR SUBMITTING under this competition. We anticipate institutions of higher education, other PROPOSAL(S): Proposals should be that the annual cost of most funded nonprofits, commercial organizations, submitted through Grants.gov. For projects will fall between $1,000 and international organizations, state, local, applicants without Internet access, send $200,000 per year. Actual funding levels and Indian tribal governments and hard copies of proposals to: OAA/NWS; will depend upon the final FY 2006 and federally funded educational 1325 East-West Highway, Room 15330; subsequent budget appropriations. institutions such as the Naval Silver Spring, Maryland 20910–3283. STATUTORY AUTHORITY: 33 USC Postgraduate School. Please Note: INFORMATION CONTACT: Sam 883d. Before non-NOAA Federal applicants Contorno, NOAA/NWS; 1325 East-West CFDA: 11.460, Special Oceanic and may be funded, they must demonstrate Highway, Room 15330, Silver Spring, Atmospheric Projects that they have legal authority to receive MD 20910–3283, or by phone at 301– APPLICATION DEADLINE: Letters of funds from another Federal agency in 713–3557 ext. 150, or fax to 301– 3– Intent should be received at GLERL no excess of their appropriation. Because 1253, or via Internet at later than 5 p.m. eastern standard time, this announcement is not proposing to [email protected]. February 15, 2006. Full proposals must procure goods or services from ELIGIBILITY: Minority Serving be received no later than 5 p.m. eastern applicants, the Economy Act (31 U.S.C. Institutions eligible to submit proposals standard time, March 15, 2006. 1535) is not an appropriate legal basis. include institutions of higher education ADDRESS FOR SUBMITTING COST SHARING REQUIREMENTS: identified by the Department of PROPOSAL(S): Letters of Intent (LOI). No cost sharing is required under this Education as: (i) Historically Black LOIs are encouraged to be submitted by program. Colleges and Universities, (ii) Hispanic- facsimile or e-mail to the identified
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NOAA program element’s program marine aquaculture and enhancement of Intergovernmental Review of Federal manager or to [email protected]. If wild stocks; (3) Establish and Programs. an applicant does not have Internet implement procedures for the 3. Sea Grant - Regional Research, access, LOI hard copies should be sent environmental assessment and Information Planning and Coordination to the Program Managers listed with monitoring of marine aquaculture each program in the Program Priorities activities; (4) Conduct education and SUMMARY DESCRIPTION: The section or to the GLERL Grants Manager, outreach activities to establish a well NOAA National Sea Grant College Sandra Salyers, NOAA/GLERL, 2205 informed public on marine aquaculture; Program (Sea Grant) is soliciting Commonwealth Blvd., Ann Arbor, MI, and (5) Meet international obligations to proposals for the development of 48103, phone 734–741–2246. Proposals promote environmentally sustainable regional research and information plans should be submitted through Grants.gov practices for the conduct of marine for U.S. coastal, ocean, and Great Lakes APPLY http://www.grants.gov. If an aquaculture. Accomplishment of these areas. The objective is to use Sea Grant’s applicant does not have Internet access, goals should lead to a well-managed university capabilities to facilitate please contact the GLERL Grants marine aquaculture industry in the discussions among the broad range of Manager (see above) for hard copy United States; a well-informed public regional ocean, coastal, and Great Lakes instructions. that understands U.S. aquaculture stakeholders to help identify and INFORMATION CONTACT: Sandra issues, and improved access to the latest prioritize critical resource management Salyers, NOAA/GLERL, 2205 aquaculture research results. problems and associated research and Commonwealth Blvd; Ann Arbor, MI, FUNDING AVAILABILITY: Up to $4 information needs necessary for 48103, phone 734–741–2246 million will be available for proposals of practical solutions. FUNDING AVAILABILITY: NOAA ELIGIBILITY: Eligible applicants are one or two years duration, with Sea Grant will make available $750,000 institutions of higher education, other individual projects up to $800,000. It is in FY 2006, $1,375,000 in FY2007, nonprofits, commercial organizations, anticipated that we will make $925,000 in FY2008, $550,000 in international organizations, state, local approximately ten awards, two or three FY2009, $550,000 in FY2010, and and Indian tribal governments. Federal pilot scale demonstration projects at the $250,000 in FY2011 (assuming agencies or institutions are not eligible $800,000 level for the two-year period appropriations are available) for grants to receive Federal assistance under this and the remainder at or about the to regional planning teams. A total of notice. $200,000 level. COST SHARING REQUIREMENTS: $250,000 of federal Sea Grant funds will STATUTORY AUTHORITY: 33 U.S.C. No cost sharing is required. be made available for each region over 1121–1131 INTERGOVERNMENTAL REVIEW: two years to cover the completion of a CFDA: 11.417, Sea Grant Support Applications under this program are not regional research and information plan. subject to Executive Order 12372, APPLICATION DEADLINE: In FY2006, $750,000 will be made ‘‘Intergovernmental Review of Federal Preliminary proposals: 4 p.m., e.s.t., on available for six regions. In FY2007, Programs.’’ February 28, 2006. Full proposals: 4 $1,375,000 will be made available for all p.m., e.d.s.t., April 13, 2006. eleven regions. In FY2008, $625,000 2. Sea Grant - Marine Aquaculture ADDRESS FOR SUBMITTING Program will be made available to complete the APPLICATIONS: Preliminary proposals five regional plans that were initiated in SUMMARY DESCRIPTION: NOAA is should be submitted in hard copy only. FY2007. Proposals may request up to an seeking preliminary proposals and full Preliminary proposals and full additional three years of staff support proposals for demonstration projects proposals from those that do not have (up to $50,000 per year) to help and innovative research for the access to Internet should be sent to: implement completed regional plans. development of environmentally and James McVey, NOAA R/SG; 1315 East- NOAA will make available $300,000 in economically sustainable marine West Highway, Bldg SSMC 3, Room FY2008, $550,000 in FY2009 and aquaculture in nearshore, open water, 11828, Silver Spring, MD 20910–3283, FY2010, and $250,000 in FY2011 to and terrestrial environments. The Great tel. 301–713–2435. support these regional staff. It is Lakes are considered marine for this Applications for full proposals are expected that Sea Grant programs competition. Priorities include: (1) site made through grants.gov. For academic within each region will work together specific commercial/pilot scale projects submissions from Sea Grant states it is and submit one proposal that covers a to demonstrate technical and economic recommended that you contact your 2–5 year period. It is anticipated that feasibility; (2) studies to assess local Sea Grant Director to facilitate full final recommendations for funding environmental impacts of current proposal submission through under this announcement will be made marine aquaculture facilities; (3) Grants.gov. in March 2006, and that projects funded development of environmental models INFORMATION CONTACT: Dr. James under this announcement will have a and GIS tools to aid site selection for McVey, 301–713–2435; via Internet at start date no earlier than June 1, 2006. new facilities; and (4) research on such [email protected]. STATUTORY AUTHORITY: 33 U.S.C. topics as husbandry techniques and ELIGIBILITY: Institutions of higher 1121 et seq., as amended production systems, nutrition, disease education, nonprofit organizations, CFDA: 11.417, Sea Grant Support diagnostics and control, economic and commercial organizations, Federal, APPLICATION DEADLINE: marketing analyses, product transport, state, local and Indian tribal Applications must be received by 5 p.m. worker safety, and others. governments are eligible. Only those e.s.t. on February 9, 2006. Projects funded under this who submit preliminary proposals by ADDRESS FOR SUBMITTING competition should support NOAA’s the preliminary proposal deadline are APPLICATIONS: Applications should overall goals for its marine aquaculture eligible to submit full proposals. be submitted through Grants.gov APPLY program, which are to: (1) Establish a COST SHARING REQUIREMENTS: http://www.grants.gov. Applicants for comprehensive regulatory program for None whom online application is an undue the conduct of marine aquaculture INTERGOVERNMENTAL REVIEW: hardship may submit hard copies (an operations; (2) Develop appropriate Applications under this program are not original and two copies) to: National Sea technologies to support commercial subject to Executive Order 12372, Grant College Program, R/SG, Attn:
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Regional Competition, Rm 11732, www.nepa.noaa.gov/, including our penalty for failure to comply with, a NOAA, 1315 East-West Highway, Silver NOAA Administrative Order 216–6 for collection of information subject to the Spring, MD 20910. The full text of the NEPA, http://www.nepa.noaa.gov/ requirements of the PRA unless that funding opportunity announcement for NAO216ll6llTOC.pdf, and the collection of information displays a this competition can be accessed via Council on Environmental Quality currently valid OMB control number. Grants.gov FIND Web site: http:// implementation regulations, http:// Executive Order 12866 www.grants.gov. This announcement ceq.eh.doe.gov/nepa/regs/ceq/ will also be available at the NOAA Web toclceq.htm. This notice has been determined to be site: http://www.ofa.noaa.gov/%7Eamd/ Consequently, as part of an not significant for purposes of Executive SOLINDEX.HTML or by contacting the applicant’s package, and under their Order 12866. description of their program activities, program official identified in Executive Order 13132 (Federalism) INFORMATION CONTACT. applicants are required to provide INFORMATION CONTACT: Dr. Leon detailed information on the activities to It has been determined that this notice M. Cammen at [email protected] be conducted, locations, sites, species does not contain policies with or 301–713–2435 ext. 136. and habitat to be affected, possible Federalism implications as that term is ELIGIBILITY: Proposals may be construction activities, and any defined in Executive Order 13132. environmental concerns that may exist submitted only by the designated Administrative Procedure Act/ (e.g., the use and disposal of hazardous managing Sea Grant College or Regulatory Flexibility Act Institutional Program. or toxic chemicals, introduction of non- COST SHARING REQUIREMENTS: indigenous species, impacts to Prior notice and an opportunity for Matching funds equal to at least 50 endangered and threatened species, public comment are not required by the percent of the Federal funding must be aquaculture projects, and impacts to Administrative Procedure Act or any provided to support the proposed coral reef systems). In addition to other law for rules concerning public regional planning. providing specific information that will property, loans, grants, benefits, and INTERGOVERNMENTAL REVIEW: serve as the basis for any required contracts (5 U.S.C. 553(a)(2)). Applications under this program are not impact analyses, applicants may also be Because notice and opportunity for subject to Executive Order 12372, requested to assist NOAA in drafting of comment are not required pursuant to 5 ‘‘Intergovernmental Review of Federal an environmental assessment, if NOAA U.S.C. 553 or any other law, the Programs.’’ determines an assessment is required. analytical requirements of the Applicants will also be required to Regulatory Flexibility Act (5 U.S.C. 601 Limitation of Liability cooperate with NOAA in identifying et seq.) are inapplicable. Therefore, a Funding for programs listed in this and implementing feasible measures to regulatory flexibility analysis has not notice is contingent upon the reduce or avoid any identified adverse been prepared. availability of Fiscal Year 2006 environmental impacts of their Dated: December 20, 2005. appropriations. In no event will NOAA proposal. The failure to do so shall be Helen Hurcombe, or the Department of Commerce be grounds for the denial of not selecting responsible for application preparation an application. In some cases if Director, Acquisition and Grants Office, costs if these programs fail to receive National Oceanic and Atmospheric additional information is required after Administration. funding or are cancelled because of an application is selected, funds can be [FR Doc. E5–7786 Filed 12–22–05; 8:45 am] other agency priorities. Publication of withheld by the Grants Officer under a this announcement does not oblige special award condition requiring the BILLING CODE 3510–12–S NOAA to award any specific project or recipient to submit additional to obligate any available funds. environmental compliance information DEPARTMENT OF COMMERCE Universal Identifier sufficient to enable NOAA to make an assessment on any impacts that a project National Oceanic and Atmospheric Applicants should be aware that, they may have on the environment. Administration are required to provide a Dun and Bradstreet Data Universal Numbering Pre-Award Notification Requirements [I.D. 121905D] System (DUNS) number during the for Grants and Cooperative Agreements application process. See the October 30, The Department of Commerce Pre- Gulf of Mexico Fishery Management 2002 Federal Register, (69 FR 66177) for Award Notification Requirements for Council; Public Meetings additional information. Organizations Grants and Cooperative Agreements AGENCY: National Marine Fisheries can receive a DUNS number at no cost contained in the Federal Register notice Service (NMFS), National Oceanic and by calling the dedicated toll-free DUNS of December 30, 2004 (69 FR 78389), are Atmospheric Administration (NOAA), Number request line at 1–866–705–5711 applicable to this solicitation. Commerce. or via the Internet http:// Paperwork Reduction Act www.dunandbradstreet.com. ACTION: Notice of public meetings. This document contains collection-of- National Environmental Policy Act information requirements subject to the SUMMARY: The Gulf of Mexico Fishery (NEPA) Paperwork Reduction Act (PRA). The Management Council will convene NOAA must analyze the potential use of Standard Forms 424, 424A, 424B, public meetings. environmental impacts, as required by SF-LLL, and CD–346 has been approved DATES: The meetings will be held the National Environmental Policy Act by the Office of Management and January 9 – 12, 2006. (NEPA), for applicant projects or Budget (OMB) under the respective ADDRESSES: These meetings will be held proposals that are seeking NOAA control numbers 0348–0043, 0348–0044, at the Omni Corpus Christi Hotel – federal funding opportunities. Detailed 0348–0040, 0348–0046, and 0605–0001. Bayfront Tower, 900 North Shoreline information on NOAA compliance with Notwithstanding any other provision of Boulevard, Corpus Christi, TX 78401. NEPA can be found at the following law, no person is required to respond to, Council address: Gulf of Mexico NOAA NEPA Web site: http:// nor shall any person be subject to a Fishery Management Council, 2203
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North Lois Avenue, Suite 1100, Tampa, update on the second red snapper adjusted as necessary to accommodate FL 33607. referendum. The Committee will hear a the timely completion of discussion FOR FURTHER INFORMATION CONTACT: status report on the Grouper Allocation relevant to the agenda items. In order to Wayne E. Swingle, Executive Director, Amendment. Then, the Committee will further allow for such adjustments and Gulf of Mexico Fishery Management discuss possible mechanisms to trigger completion of all items on the agenda, Council; telephone: (813) 348–1630. vertical line fishing at the end of the the meeting may be extended from, or SUPPLEMENTARY INFORMATION: grouper season. completed prior to the date established in this notice. Council Tuesday, January 10, 2006 8:30 a.m. – 12 noon – The joint Reef Special Accommodations Wednesday, January 11, 2006 Fish/Shrimp Management Committees These meetings are physically 8:30 a.m. – Convene. will review a scoping document for a accessible to people with disabilities. 8:45 a.m. – 11:30 a.m. – Receive joint Reef Fish 27/Shrimp 14 Requests for sign language public testimony on (a) Reef Fish Amendment to consider changes to interpretation or other auxiliary aids Amendment 26 (Red Snapper regulations for the directed red snapper should be directed to Dawn Aring at the Individual Fishing Quota (IFQ); (b) The fishery targeted at reducing shrimp Council (see ADDRESSES) at least 5 Texas Shrimp Closure; and (c) trawl by-catch; by-catch in the directed working days prior to the meeting. Exempted fishing permits (if any). red snapper fishery; and effort Dated: December 20, 2005. 1 p.m. – 3 p.m. – Receive the Reef limitation alternatives for the shrimp Emily Menashes, Fish Management Committee Report. fishery. The Committee will also review 3 p.m. – 4:30 p.m. – Receive the joint Acting Director, Office of Sustainable another scoping document for a joint Fisheries, National Marine Fisheries Service. Reef Fish/Shrimp Management Reef Fish 28/Shrimp 15 Amendment to [FR Doc. E5–7777 Filed 12–22–05; 8:45 am] Committees Report. consider at such issues as gear and 4:30 p.m. – 5:30 p.m. – Receive depth restrictions for the red snapper BILLING CODE 3510–22–S Litigation Briefing (CLOSED SESSION). fishery; further reducing bycatch in the Thursday, January 12, 2006 red snapper and shrimp fisheries; effort reduction in the shrimp fishery; as well DEPARTMENT OF DEFENSE 8:30 a.m. – 9 a.m. – Receive the as other management alternatives. The Department of the Army Budget/Personnel Committee Report. Committees will hear the Shrimp 9 a.m. – 9:30 a.m. – Receive the Advisory Panel’s (AP) comments on Proposed Collection; Comment Administrative Policy Committee these two documents. Request Report. 1:30 p.m. – 3 p.m. – The Budget/ 9:30 a.m. – 9:45 a.m. – Receive the Personnel Committee will meet to AGENCY: Office of the Administrative Habitat Protection Committee Report. review Family Medical Leave Act Assistant to the Secretary of the Army 9:45 a.m. – 10 a.m. – Receive the (FMLA) revisions to the Statement of (OAA–RPA), DoD. Shrimp Management Committee Report. Organization Practices and Procedures ACTION: Notice. 10 a.m. – 10:15 a.m. – Receive the (SOPPs) and make recommendations to South Atlantic Fishery Management Council. The Committee will also In compliance with Section Council (SAFMC) Meeting Report. review the factors affecting the CY 2006 3506(c)(2)(A) of the Paperwork 10:15 a.m. – 10:30 a.m. – Receive the Budget. Reduction Act of 1995, the Department Enforcement Reports. 3 p.m. – 5:30 p.m. – The of the Army announces a proposed 10:30 a.m. – 10:45 a.m. – Adoption of Administrative Policy Committee will public information collection and seeks the Law Enforcement Advisory Panel discuss the revisions made to the SOPPs public comment on the provisions (LEAP) Operation Plan. regarding the Scientific and Statistical thereof. Comments are invited on: (a) 10:45 a.m. – 11 a.m. – Receive the Committee (SSC) operations by the SSC Whether the proposed collection of NMFS Regional Administrator’s Report. Operations Task Force and make information is necessary for the proper 11 a.m. – 11:30 a.m. – Receive the recommendations to Council. The performance of the functions of the State Director’s Reports. Committee will hear a presentation by agency, including whether the 11:30 a.m. – 11:45 a.m. – Other staff on video conferencing and discuss information shall have practical utility; Business. holding public comment sessions. (b) the accuracy of the agency’s estimate of the burden of the proposed Committee Although other non-emergency issues not on the agendas may come before the information collection; (c) ways to Monday, January 9, 2006 Council and Committees for discussion, enhance the quality, utility, and clarity 8:30 a.m. – 10:30 a.m. – The Habitat in accordance with the Magnuson- of the information to be collected; and Protection Committee will hear a report Stevens Fishery Conservation and (d) ways to minimize the burden of the of the Southeast Aquatic Resources Management Act (Magnuson-Stevens information collection on respondents, Partnership (SARP) Meeting and a Act), those issues may not be the subject including through the use of automated report of the Texas Habitat Protection of formal action during these meetings. collection techniques or other forms of AP Meeting. The Committee will receive Actions of the Council and Committees information technology. presentations of Shell Oil Liquified will be restricted to those issues DATES: Consideration will be given to all Natural Gas (LNG) Proposals and Gulf specifically identified in the agendas comments received by February 21, Foundation CRP Habitat Grants. Then and any issues arising after publication 2006. the Committee will receive an update on of this notice that require emergency ADDRESSES: Written comments and the Gulf of Mexico Summit. action under Section 305(c) of the recommendations on the proposed 10:30 a.m. – 11:30 a.m. – The Shrimp Magnuson-Stevens Act, provided the information collection should be sent to Management Committee will meet to public has been notified of the Council’s Department of the Army, Military review the Texas Closure. intent to take action to address the Surface Deployment and Distribution 1 p.m. – 5:30 p.m. – The Reef Fish emergency. The established times for Command, 661 Sheppard Place, Ft. Management Committee will hear an addressing items on the agenda may be Eustis, VA 23604, ATTN: (Kim
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Morrison). Consideration will be given DEPARTMENT OF DEFENSE with success in graduation and military to all comments received within 60 days careers. of the date of publication of this notice. Department of the Army Affected Public: Individuals or Households. FOR FURTHER INFORMATION CONTACT: To Proposed Collection; Comment Annual Burden Hours: 8,350. request more information on this Request Number of Respondents: 66,200. proposed information collection or to AGENCY: Office of the Administrative Responses Per Respondent: 1. obtain a copy of the proposal and Assistant to the Secretary of the Army Average Burden Per Response: 9 associated collection instruments, (OAA–RPA), DoD. minutes. please write to the above address, or call ACTION: Notice. Frequency: On occasion. Department of the Army Reports SUPPLEMENTARY INFORMATION: Title 10, clearance officer at (703) 428–6440. In compliance with Section U.S.C. 4336 provides requirements for Title, Associated Form, and OMB 3506(c)(2)(A) of the Paperwork admission of candidates to the U.S. Number: Signature and Tally Record; Reduction Act of 1995, the Department Military Academy. The U.S. Military DD Form 1907; OMB Control Number of the Army announces a proposed Academy (USMA) strives to motivate public information collection and seeks 0702–0027. outstanding candidates to apply for public comment on the provisions admission to USMA. Once candidates Needs and Uses: Signature and Tally thereof. Comments are invited on: (a) are found, USMA collects information Record (STR) is an integral part of the Whether the proposed collection of necessary to nurture them through Defense Transportation System and is information is necessary for the proper successful completion of the application used for commercial movements of all performance of the functions of the process. sensitive and classified material. The agency, including whether the STR provides continuous responsibility information shall have practical utility; Dated: December 14, 2005. for the custody of shipments in transit (b) the accuracy of the agency’s estimate Patricia L. Toppings, and requires each person responsible for of the burden of the proposed Alternate OSD Federal Register Liaison the proper handling of the cargo to sign information collection; (c) ways to Officer, Department of Defense. their name at the time they assume enhance the quality, utility, and clarity [FR Doc. 05–24393 Filed 12–22–05; 8:45 am] responsibility for the shipment, from of the information to be collected; and BILLING CODE 5001–06–M point of origin, and at specified stages (c) ways to minimize the burden of the information collection on respondents, until delivery at destination. A copy of DEPARTMENT OF DEFENSE the STR, along with other transportation including through the use of automated collection techniques or other forms of documentation is forwarded by the Department of the Army carrier to the appropriate finance center information technology. for payment. DATES: Consideration will be given to all Proposed Collection; Comment comments received by February 21, Request Affected Public: Business or Other 2006. For-Profit. AGENCY: Office of the Administrative ADDRESSES: Written comments and Assistant to the Secretary of the Army Annual Burden Hours: 3,750. recommendations on the proposed (OAA–RPA), DoD. Number of Respondents: 130. information collection should be sent to ACTION: Notice. Responses Per Respondent: 577. the Director of Admissions, U.S. Military Academy, Official Mail & In compliance with Section Average Burden Per Response: 3 Distribution Center, ATTN: (Joseph minutes. 3506(c)(2)(A) of the Paperwork Dineen), 646 Swift Road, West Point, Reduction Act of 1995, the Department Frequency: On occasion. NY 10996–1905. Consideration will be of the Army announces a proposed given to all comments received within SUPPLEMENTARY INFORMATION: The public information collection and seeks 60 days of the date of publication of this public comment on the provisions destination transportation officer uses notice. the DD Form 1907 to assure that the thereof. Comments are invited on: (a) FOR FURTHER INFORMATION CONTACT: To Whether the proposed collection of carriers utilize the STR and provide the request more information on this transportation service as requested by information is necessary for the proper proposed information collection or to performance of the functions of the origin shipper. A copy of the STR, along obtain a copy of the proposal and with other transportation agency, including whether the associated collection instrument, please information shall have practical utility; documentation, is forwarded by the write to the above address, or call (b) the accuracy of the agency’s estimate carrier to the appropriate finance center Department of the Army Reports of the burden of the proposed for payment. The DD Form 1907 verifies clearance officer at (703) 428–6440. information collection; (c) ways to the protected services requested in Bill Title, Associated Form, and OMB enhance the quality, utility, and clarity of Lading that was provided. Number: Pre-Candidate Procedures; of the information to be collected; and Dated: December 14, 2005. USMA–375, USMA–723, USMA–450, (d) ways to minimize the burden of the USMA–21–12, USMA–21–27, USMA– Patricia L. Toppings, information collection on respondents, 381; OMB Control Number (0702–0060. including through the use of automated Alternate OSD Federal Register Liaison Needs and Uses: West Point Officer, Department of Defense. collection techniques or other forms of candidates provides personal information technology. [FR Doc. 05–24392 Filed 12–22–05; 8:45 am] background information which allows DATES: Consideration will be given to all BILLING CODE 5001–06–M the West Point Admissions Committee to make subjective judgments on non- comments received by February 21, academic experiences. Data are also 2006. used by West Point’s Office of ADDRESSES: Written comments and Institutional Research for correlation recommendations on the proposed
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information collection should be sent to DEPARTMENT OF DEFENSE for correlation with success in the Director of Admissions, U.S. graduation and military careers. Military Academy, Official Mail & Department of the Army Affected Public: Individuals or Distribution Center, ATTN: (Joseph Households. Proposed Collection; Comment Annual Burden Hours: 11,720. Dineen), 646 Swift Road, West Point, Request NY 10996–1905. Consideration will be Number of Respondents: 19,525. Responses Per Respondent: 1. given to all comments received within AGENCY: Office of the Administrative Average Burden Per Response: 15 Assistant to the Secretary of the Army 60 days of the date of publication of this minutes. (OAA–RPA), DoD. notice. Frequency: On occasion. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: To SUPPLEMENTARY INFORMATION: Title 10, request more information on this In compliance with Section U.S.C. 4346 provides requirements for proposed information collection or to 3506(c)(2)(A) of the Paperwork admission of candidates to the U.S. obtain a copy of the proposal and Reduction Act of 1995, the Department Military Academy. The U.S. Military associated collection instruments, of the Army announces a proposed Academy (USMA) strives to motivate please write to the above address, or call public information collection and seeks outstanding potential candidates to Department of the Army Reports public comment on the provisions apply for admission to USMA. Once clearance officer at (703) 428–6440. thereof. Comments are invited on: (a) candidates are found, USMA collects Whether the proposed collection of information necessary to nurture them Title, Associated Form, and OMB information is necessary for the proper through successful completion of the Number: Offered Candidate Procedures; performance of the functions of the application process. USMA Forms 5–490, 2–66, 847, 5–489, agency, including whether the 5–519, 8–2, 5–599, 480–1; OMB Control Dated: December 14, 2005. information shall have practical utility; Patricia L. Toppings, Number 0702–0062. (b) the accuracy of the agency’s estimate Alternate OSD Federal Register Liaison Needs and Uses: West Point of the burden of the proposed Officer, Department of Defense. information collection; (c) ways to candidates provide personal background [FR Doc. 05–24395 Filed 12–22–05; 8:45 am] enhance the quality, utility, and clarity information that allows the West Point BILLING CODE 5001–06–M Admissions Committee to make of the information to be collected; and subjective judgments on non-academic (d) ways to minimize the burden of the experiences. Data are also used by West information collection on respondents, DEPARTMENT OF DEFENSE Point’s Office of Institutional Research including through the use of automated for correlation with success in collection techniques or other forms of Department of the Army; Corps of graduation and military careers. The information technology. Engineers purpose of this activity is to obtain a DATES: Consideration will be given to all Notice of Availability of the Draft group of applicants who eventually may comments received by February 21, 2006. Environmental Impact Statement for be evaluated for admission to the the Prado Basin Master Plan, San ADDRESSES: Written comments and USMA. Bernardino and Riverside Counties, recommendations on the proposed Affected Public: Individuals or CA information collection should be sent to Households. the Director of Admissions, U.S. AGENCY: Department of the Army, U.S. Annual Burden Hours: 11,720. Military Academy, Official Mail & Army Corps of Engineers, DoD. Number of Respondents: 19,525. Distribution Center, ATTN: (Joseph ACTION: Notice of availability. Dineen), 646 Swift Road, West Point, Responses per Respondent: 1. NY 10996–1905. Consideration will be SUMMARY: The Environmental Impact Average Burden Per Response: 15 given to all comments received within Statement (EIS) addresses potential minutes. 60 days of the date of publication of this environmental impacts associated with Frequency: On occasion. notice. the proposed Prado Basin Master Plan, FOR FURTHER INFORMATION CONTACT: To and identifies recommended measures SUPPLEMENTARY INFORMATION: Title 10, request more information on this to reduce such impacts. The Prado U.S.C. 4346 provides requirements for proposed information collection or to Basin Master Plan proposes a range of admission of candidates to the U.S. obtain a copy of the proposal and recreation uses and features for Military Academy. The U.S. Military associated collection instruments, identified planning areas with the Academy (USMA) strives to motivate please write to the above address, or call Basin. Specific site plans and layouts for outstanding potential candidates to Department of the Army Reports these proposed uses would be prepared apply for admission to USMA. Once clearance officer at (703) 428–6440. when future specific development plans candidates are found, USMA collects Title, Associated Form, and OMB are proposed. The impact discussion, in information necessary to nurture them Number: Candidate Procedures; USMA turn, is purposely general in nature, and through successful completion of the Forms 21–16, 21–23, 21–15, 21–26, 5– recommended measures to reduce application process. 520, 5–518, 5–497, 481, 546, 5–2, 5–26, impacts allow for flexibility. The potential impacts as stated and the Dated: December 14, 2005. 5–515, 481–1, 520, 261, 21–14, 21–8; OMB Control Number 0702–0061. commitment to minimize impacts are Patricia L. Toppings, Needs and Uses: West Point intended to provide a framework for Alternate OSD Federal Register Liaison candidates provide personal background future proposals. They also provide Officer, Department of Defense. information that allows the West Point some guidelines for impacts that will [FR Doc. 05–24394 Filed 12–22–05; 8:45 am] Admissions Committee to make require mitigation; short of making BILLING CODE 5001–06–M subjective judgments on non-academic untimely, detailed, recommendations. experiences. Data are also used by West This approach allows future recreation Point’s Office of Institutional Research development sponsors the appropriate
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flexibility to design and formulate which the Corps has administrative portions of the Prado Basin. Under specific mitigation, including the parties responsibility for management.’’ The guidelines such as the Corps responsible for implementation and master plan is to be an ‘‘essential Environmental Operating Principles, verification, when details of specific element in fostering an efficient and this plan supports leaving the lower Master Plan development proposals are cost-effective project natural resources portions of the Basin as a natural refuge presented. The U.S. Army Corps of management program,’’ and by as evaluated in the EIS. Specific Engineers has cooperated with providing direction for project development proposals for recreation counterparts in Orange, San Bernardino development and use is ‘‘a vital tool for and environmental features under this and Riverside Counties in Developing the responsible stewardship of project plan, however, will still require this Master Plan. resources for the benefit of present and supplemental evaluation and Two alternatives are proposed for future generations * * * [that] * * * documentation under NEPA. consideration for the Prado Basin: promotes the protection, conservation This DEIS, in turn, provides: (1) A Adopting the proposed Prado Basin and enhancement of natural, cultural description of alternatives, including Master Plan, and the No Project and man-made resources.’’ The previous the No-Action alternative; (2) an alternative. The proposed plan would Master Plan for the Prado Flood Control analysis of existing and future serve as a guide for orderly and Basin was prepared in February 1976, conditions in the area without the coordinated use, development and and no longer adequately implements project; (3) and an analysis of potential management of the land in the Prado Corps policies and goals summarized impacts associated with the two Basin. The discussion of affected above. The 1976 Master Plan, moreover, alternatives, including the preferred environment and potential did not contemplate notable changes in alternative (proposed action). environmental impacts in this the physical environment, and notably 3. Proposed Action. The proposed Environmental Impact Statement (EIS) the substantial increase in the amount of Prado Basin Master Plan is considered are based on evaluation of land use biologically valuable reparian plant a ‘‘ * * * continuing and dynamic designations proposed in the Basin communities, the increase in species document * * * ’’ that presents broad Master Plan. Specific development and populations of threatened and concepts, not specific design proposals. proposals within the general land use endangered species in the Basin; The Basin Master Plan identifies Planning Areas would require combined with the dramatic increase in numerous ‘‘Planning Areas’’ in the appropriate National Environmental visitation and variety of public outdoor Prado Basin and gives a range of land Policy act (NEPA) clearance to recreation opportunities, plus the use development alternatives based on specifically address the potential changing profile of adjacent land use input from local agencies and potential environmental effects of those types and development intensity. development intensity. These Planning proposals. 2. Background. Construction of Prado Areas are described in detail, and The No Project Alternative would Dam was authorized by the Flood specific recreational use proposals are eliminate the implementation of the Control Act of 1936, as amended (Pub. provided for most areas up to the 556- recreation land use contemplated in the L. 74–738), as part of a general plan for foot (169 meter) contour elevation. For proposed Basin Master Plan, and in the the construction of flood control each recreation use alternative, a more continuation of current land use facilities in the Santa Ana River Basin detailed list of potential site design activities on the site. This alternative in Southern California. Construction of components is described. would result in the Corps being unable the Dam was completed in May 1941. The purpose of this Environmental to meet its project objectives such as The Flood Control Act of 1944, as Impact Statement (EIS) is to evaluate the providing for the expressed public amended, (Pub. L. 78–534), authorized potential environmental impacts of the interests for recreation. the United States Army Corps of land uses proposed in the Basin Master DATES: Comments concerning this Draft Engineers (Corps) to construct, maintain Plan, and to recommend methods to EIS should be submitted by January 23, and operate public park and recreation mitigate for future, specific, 2005. facilities at water resources development proposals. This ADDRESSES: District Engineer, U.S. development projects. The law also environmental review is conducted at a Army Corps of Engineers, Los Angeles permitted the Corps to authorize local programmatic level to provide District, ATTN: CESPL–PD–RQ, P.O. interests to construct, maintain and environmental clearance for the Master Box 532711, Los Angeles, CA 90053– operate recreation facilities. Plan in accordance with the National 2325. Because flood reduction remains the Environmental Policy Act. The Impact primary purpose of the Prado Dam analysis considers the highest intensity FOR FURTHER INFORMATION CONTACT: Ms. project, this document first considers of development anticipated for each Nedenia Kennedy, Chief, Environmental these requirements, or constraints. It Planning Area. Further NEPA clearance Policy Group, telephone (213) 452– also identifies environmentally sensitive for specific proposals would be required 3856, Mr. Alex Watt, Chief, areas, and multiple resources in the form of an Environmental Environmental Resources Branch, management areas for continued and Assessment (EA) for minor changes in telephone (213) 452–3840. future use. Careful planning is required use/intensity from what was evaluated SUPPLEMENTARY INFORMATION: 1. to balance the sometimes competing in the EIS or in the form of a site- Authorization. This Master Plan was needs and desires of the public for high- specific EIS for major changes in prepared as a guide for the orderly and density recreation uses with proposed use or development intensity. coordinated use, development and environmental protection requirements 4. Alternatives. management of all resources in the and with the flood control protection a. No Action: The No Project existing and proposed Prado Flood purpose of the Prado Basin. This Master alternative would eliminate the Control Basin. Under guidance at ER Plan is intended, therefore, to allow implementation of the recreation land 1130–2–550, ‘‘Preparation of Project balanced use of the subject natural and uses in the Proposed Basin Master Plan Master Plans,’’ dated November 15, recreation resources. and in the continuation of current land 1996, ‘‘master plans are to be developed Conceptual guidance is provided in use activities on the site. This and kept current for all Civil Works this plan for recreation development for alternative would result in the Corps projects and other fee-owned lands for Corps lands located primarily in upland being unable to meet its project
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objectives such as providing for the Deadline for Intergovernmental applications for use by admissions and expressed public interest for recreation. Review: April 17, 2006. financial aid officers. No Planning Areas would be designated Eligible Applicants: Institutions of Program Authority: 20 U.S.C. 1070a– as such. higher education, public and private 11 and 1070a–16. b. Proposed Master Plan Alternative: agencies and organizations; Applicable Regulations: (a) The The proposed Basin Master Plan would combinations of institutions, agencies, Education Department General serve as a guide for orderly and and organizations; and secondary Administrative Regulations (EDGAR) in coordinated use, development and schools under exceptional 34 CFR parts 74, 75, 77, 79, 80, 81, 82, management of land in the Prado Basin. circumstances, such as if there is no 84, 85, 86, 97, 98 and 99. (b) The Specific development proposals within institution, agency, or organization regulations for this program in 34 CFR the general land use Planning Areas will capable of carrying out an EOC project part 644. require appropriate National in the proposed target area. Note: The regulations in 34 CFR part 79 Environmental Policy Act (NEPA) Estimated Available Funds: The apply to all applicants except federally clearance to specifically address the Administration has requested recognized Indian Tribes. potential environmental effects of those $48,972,000 for new awards for this proposals. program for FY 2006. The actual level Note: The regulations in 34 CFR part 86 5. Scoping Process. Participation of all of funding, if any, depends on final apply to institutions of higher education only. interested Federal, State and County congressional action. However, we are resource agencies, as well as Native inviting applications to allow enough II. Award Information American peoples, groups with time to complete the grant process if environmental interests, and all Congress appropriates funds for this Type of Award: Discretionary grants. interested individuals has been and is program. Estimated Available Funds: The encouraged. The public review period Estimated Range of Awards: Administration has requested will conclude 45 days after publication $220,000–$2,200,000. $48,972,000 for new awards for this of this notice. Estimated Average Size of Awards: program for FY 2006. The actual level The U.S. Army Corps of Engineers of funding, if any, depends on final will consider public concerns on the $352,000. Maximum Award: We will not fund congressional action. However, we are Draft EIS. A summary of the Public inviting applications to allow enough Hearing and written comment letters any application at an amount exceeding the maximum amounts specified below time to complete the grant process if and responses will be incorporated into Congress appropriates funds for this the Final EIS as appropriate. for a single budget period of 12 months. We may choose not to further consider program. 6. Dates. The draft EIS will be Estimated Range of Awards: released for public review on or about or review applications with budgets that exceed the maximum amounts specified $220,000–$2,200,000. December 9, 2005. The Environmental Estimated Average Size of Awards: Protection Agency plans to publish a below if we conclude, during our initial review of the application, that the $352,000. Notice of Availability of the Draft EIS in Maximum Award: We will not fund the Federal Register on or about proposed goals and objectives cannot be obtained with the specified maximum any application at an amount exceeding December 9, 2005. The public review of the maximum amounts specified below the Draft EIS ends on January 23, 2006. amount. • For an applicant who is not for a single budget period of 12 months. The final Public Hearing will be We may choose not to further consider scheduled in January, 2006 at the El currently receiving an EOC Program grant, the maximum award amount is or review applications with budgets that Prado Golf Course, 6555 Pine Avenue, exceed the maximum amounts specified Chino, California. The location, date, $220,000 for a project that will serve a minimum of 1,000 eligible participants. below if we conclude, during our initial and time of the public hearing will be review of the application, that the announced in the local news media, and • For an applicant who is currently receiving an EOC Program grant the proposed goals and objectives cannot be separate notice will be sent to all parties obtained with the specified maximum on the project mailing list. maximum award is the greater of (a) $220,000 or (b) an amount equal to 103 amount. Dated: December 8, 2005. • For an applicant who is not percent of the applicant’s prior grant Mark R. Blackburn, currently receiving an EOC Program award amount for FY 2005. grant, the maximum award amount is Lieutenant Colonel, US Army, Acting District Estimated Number of Awards: 140. Engineer. $220,000 for a project that will serve a [FR Doc. 05–24399 Filed 12–22–05; 8:45am] Note: The Department is not bound by any minimum of 1,000 eligible participants. estimates in this notice. BILLING CODE 3710–KF–M • For an applicant who is currently Project Period: Up to 60 months. receiving an EOC Program grant the maximum award is the greater of (a) Full Text of Announcement DEPARTMENT OF EDUCATION $220,000 or (b) an amount equal to 103 I. Funding Opportunity Description percent of the applicant’s prior grant Office of Postsecondary Education; award amount for FY 2005. Purpose of Program: The purpose of Overview Information; Educational Estimated Number of Awards: 140. the EOC Program is to provide Opportunity Centers (EOC) Program; information with respect to financial Note: The Department is not bound by any Notice Inviting Applications for New and academic assistance available for estimates in this notice. Awards for Fiscal Year (FY) 2006 individuals who desire to pursue a Project Period: Up to 60 months. Catalog of Federal Domestic Assistance program of postsecondary education, (CFDA) Number: 84.066A. and provide assistance to those III. Eligibility Information DATES: Applications Available: individuals in applying for admission to 1. Eligible Applicants: Institutions of December 23, 2005. institutions that offer programs of higher education, public and private Deadline for Transmittal of postsecondary education, including agencies and organizations; Applications: February 15, 2006. assistance in preparing necessary combinations of institutions, agencies,
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and organizations; and, secondary The page limit does not apply to Part You may not e-mail an electronic copy schools in exceptional circumstances, I, the application for federal assistance of a grant application to us. such as if there is no institution, agency, face sheet (SF 424); the supplemental We will reject your application if you or organization capable of carrying out information form required by the submit it in paper format unless, as an EOC project in the proposed target Department of Education; Part II, the described elsewhere in this section, you area. budget information summary form (ED qualify for one of the exceptions to the 2. Cost Sharing or Matching: This Form 524); and Part IV, the assurances electronic submission requirement and program does not involve cost sharing and certifications. The page limit also submit, no later than two weeks before or matching. does not apply to a table of contents. If the application deadline date, a written 3. Other: An applicant may submit you include any attachments or statement to the Department that you more than one application, if each appendices, these items will be counted qualify for one of these exceptions. separate application describes a project as part of the Program Narrative (Part III) Further information regarding that will serve different target schools for purposes of the page limit calculation of the date that is two weeks and target populations. A secondary requirement. You must include your before the application deadline date is school applicant must submit a complete response to the selection provided later in this section under certification that there is no other criteria in the program narrative. Exception to Electronic Submission eligible entity in the proposed target We will reject your application if— Requirement. area that is capable of carrying out an • You apply these standards and You may access the electronic grant EOC project. exceed the page limit; or application for the EOC Program at: • You apply other standards and http://www.grants.gov. You must search IV. Application and Submission exceed the equivalent of the page limit. for the downloadable application Information 3. Submission Dates and Times: package for this program by the CFDA 1. Address To Request Application Applications Available: December 23, number. Do not include the CFDA Package: Margaret Wingfield or Rachael 2005. number’s alpha suffix in your search. Couch, U.S. Department of Education, Deadline for Transmittal of Please note the following: 1990 K Street, NW., suite 7000, Applications: February 15, 2006. • When you enter the Grants.gov site, Washington, DC 20006–8510. Applications for grants under this you will find information about Telephone: (202) 502–7600 or by e-mail: program must be submitted submitting an application electronically [email protected]. electronically using the Grants.gov through the site, as well as the hours of If you use a telecommunications Apply site (Grants.gov). For information operation. • device for the deaf (TDD), you may call (including dates and times) about how Applications received by Grants.gov the Federal Relay Service (FRS) at 1– to submit your application are time and date stamped. Your 800–877–8339. electronically or by mail or hand application must be fully uploaded and Individuals with disabilities may delivery if you qualify for an exception submitted, and must be date/time obtain a copy of the application package to the electronic submission stamped by the Grants.gov system no in an alternative format (e.g., Braille, requirement, please refer to Section IV. later than 4:30 p.m., Washington, DC, large print, audiotape, or computer 6. Other Submission Requirements in time, on the application deadline date. diskette) by contacting either of the this notice. Except as otherwise noted in this program contact persons listed in this Deadline for Intergovernmental section, we will not consider your section. Review: April 17, 2006. application if it is date/time stamped by 2. Content and Form of Application 4. Intergovernmental Review: This the Grants.gov system later than 4:30 Submission: Requirements concerning program is subject to Executive Order p.m., Washington, DC, time, on the the content of an application, together 12372 and the regulations in 34 CFR application deadline date. When we with the forms you must submit, are in Part 79. Information about retrieve your application from the application package for this Intergovernmental Review of Federal Grants.gov, we will notify you if we are program. Page Limit: The application Programs under Executive Order 12372 rejecting your application because it narrative is where you, the applicant, is in the application package for this was date/time stamped by the address the selection criteria that program. Grants.gov system after 4:30 p.m., reviewers use to evaluate your 5. Funding Restrictions: We reference Washington, DC, time, on the application. You must limit the section the regulations outlining funding application deadline date. of the narrative that addresses the restrictions in the Applicable • The amount of time it can take to selection criteria to the equivalent of no Regulations section of this notice. upload an application will vary more than 50 pages, using the following 6. Other Submission Requirements: depending on a variety of factors standards: Applications for grants under this including the size of the application and • A ‘‘page’’ is 8.5″ x 11″, on one side program must be submitted the speed of your Internet connection. only, with 1″ margins at the top, bottom, electronically unless you qualify for an Therefore, we strongly recommend that and both sides. exception to this requirement in you do not wait until the application • Double space (no more than three accordance with the instructions in this deadline date to begin the submission lines per vertical inch) all text in the section. process through Grants.gov. application narrative, except titles, a. Electronic Submission of • You should review and follow the headings, footnotes, quotations, Applications. Applications for grants Education Submission Procedures for references, captions and all text in under the EOC Program—CFDA Number submitting an application through charts, tables, and graphs. 84.066A must be submitted Grants.gov that are included in the • Use one of the following fonts: electronically using the Grants.gov application package for this program to Times New Roman, Courier, Courier Apply site at: http://www.grants.gov. ensure that you submit your application New or Arial. Applications submitted in Through this site, you will be able to in a timely manner to the Grants.gov any other font (including Times Roman download a copy of the application system. You can also find the Education and Arial Narrow) will be rejected. package, complete it offline, and then Submission Procedures pertaining to • Use 12-point font. upload and submit your application. Grants.gov at: http://e-Grants.ed.gov/
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help/ application on the application deadline statement no later than two weeks GrantsgovSubmissionProcedures.pdf. date because of technical problems with before the application deadline date. • To submit your application via the Grants.gov system, we will grant you Address and mail or fax your Grants.gov, you must complete all the an extension until 4:30 p.m., statement to: Geraldine Smith, U.S. steps in the Grants.gov registration Washington, DC, time, the following Department of Education, 1990 K Street, process (see http://www.grants.gov/ business day to enable you to transmit NW., suite 7000, Washington, DC GetStarted). These steps include (1) your application electronically, or by 20006–8510. FAX: (202) 502–7857. registering your organization, (2) hand delivery. You also may mail your Your paper application must be registering yourself as an Authorized application by following the mailing submitted in accordance with the mail Organization Representative (AOR), and instructions as described elsewhere in or hand delivery instructions described (3) getting authorized as an AOR by this notice. If you submit an application in this notice. your organization. Details on these steps after 4:30 p.m., Washington, DC, time, b. Submission of Paper Applications are outlined in the Grants.gov 3-Step on the deadline date, please contact by Mail. If you qualify for an exception Registration Guide (see http:// either of the persons listed elsewhere in to the electronic submission www.grants.gov/assets/ this notice under FOR FURTHER requirement, you may mail (through the GrantsgovCoBrandBrochure8X11.pdf). INFORMATION CONTACT, and provide an U.S. Postal Service or a commercial You also must provide on your explanation of the technical problem carrier) your application to the application the same D-U-N-S Number you experienced with Grants.gov, along Department. You must mail the original used with this registration. Please note with the Grants.gov Support Desk Case and two copies of your application, on that the registration process may take Number (if available). We will accept or before the application deadline date, five or more business days to complete, your application if we can confirm that to the Department at the applicable and you must have completed all a technical problem occurred with the following address: registration steps to allow you to Grants.gov system and that that problem By mail through the U.S. Postal Service: successfully submit an application via affected your ability to submit your U.S. Department of Education, Grants.gov. application by 4:30 p.m., Washington, • Application Control Center, You will not receive additional DC, time, on the application deadline Attention: (CFDA Number 84.066A), point value because you submit your date. The Department will contact you 400 Maryland Avenue, SW., application in electronic format, nor after a determination is made on Washington, DC 20202–4260; will we penalize you if you qualify for whether your application will be or an exception to the electronic accepted. By mail through a commercial carrier: submission requirement, as described U.S. Department of Education, elsewhere in this section, and submit Note: Extensions referred to in this section apply only to the unavailability of or Application Control Center—Stop your application in paper format. • technical problems with the Grants.gov 4260, Attention: (CFDA Number You must submit all documents system. We will not grant you an extension 84.066A), 7100 Old Landover Road, electronically including all information if you failed to fully register to submit your Landover, MD 20785–1506. typically included on the Application application to Grants.gov before the deadline for Federal Education Assistance (SF date and time or if the technical problem you Regardless of which address you use, 424), Budget Information—Non- experienced is unrelated to the Grants.gov you must show proof of mailing Construction Programs (ED 524), and all system. consisting of one of the following: necessary assurances and certifications. Exception to Electronic Submission (1) A legibly dated U.S. Postal Service You must attach any narrative sections Requirement: You qualify for an postmark, (2) A legible mail receipt with the of your application as files in a .DOC exception to the electronic submission date of mailing stamped by the U.S. (document), .RTF (rich text), or .PDF requirement, and may submit your Postal Service, (Portable Document) format. If you application in paper format, if you are (3) A dated shipping label, invoice, or upload a file type other than the three unable to submit an application through receipt from a commercial carrier, or file types specified above or submit a the Grants.gov system because— (4) Any other proof of mailing • You do not have access to the password protected file, we will not acceptable to the Secretary of the U.S. Internet; or review that material. Department of Education. • Your electronic application must • You do not have the capacity to If you mail your application through comply with any page limit upload large documents to the the U.S. Postal Service, we do not requirements described in this notice. Grants.gov system; • After you electronically submit and accept either of the following as proof your application, you will receive an • No later than two weeks before the of mailing: (1) A private metered postmark, or automatic acknowledgment from application deadline date (14 calendar (2) A mail receipt that is not dated by Grants.gov that contains a Grants.gov days or, if the fourteenth calendar day the U.S. Postal Service. tracking number. The Department will before the application deadline date If your application is postmarked after retrieve your application from falls on a Federal holiday, the next the application deadline date, we will Grants.gov and send you a second business day following the Federal not consider your application. confirmation by e-mail that will include holiday), you mail or fax a written a PR/Award number (an ED-specified statement to the Department, explaining Note: The U.S. Postal Service does not identifying number unique to your which of the two grounds for an uniformly provide a dated postmark. Before application). exception prevent you from using the relying on this method, you should check • We may request that you provide us Internet to submit your application. If with your local post office. original signatures on forms at a later you mail your written statement to the c. Submission of Paper Applications date. Department, it must be postmarked no by Hand Delivery. If you qualify for an Application Deadline Date Extension later than two weeks before the exception to the electronic submission in Case of Technical Issues with the application deadline date. If you fax requirement, you (or a courier service) Grants.gov System: If you are prevented your written statement to the may deliver your paper application to from electronically submitting your Department, we must receive the faxed the Department by hand. You must
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deliver the original and two copies of the tied applications so as to serve VIII. Other Information your application, by hand, on or before geographical areas and eligible Electronic Access to This Document: the application deadline date, to the populations that have been underserved You may view this document, as well as Department at the following address: by the EOC Program. all other documents of this Department U.S. Department of Education, VI. Award Administration Information published in the Federal Register, in Application Control Center, Attention: text or Adobe Portable Document (CFDA Number 84.066A), 550 12th 1. Award Notices: If your application Format (PDF) on the Internet at the Street, SW., Room 7041, Potomac Center is successful, we notify your U.S. following site: www.ed.gov/news/ Plaza, Washington, DC 20202–4260. Representative and U.S. Senators and fedregister. The Application Control Center send you a Grant Award Notice (GAN). To use PDF you must have Adobe accepts hand deliveries daily between 8 We may also notify you informally. Acrobat Reader, which is available free a.m. and 4:30 p.m., Washington, DC, If your application is not evaluated or at this site. If you have questions about time, except Saturdays, Sundays, and not selected for funding, we notify you. using PDF, call the U.S. Government Federal holidays. 2. Administrative and National Policy Printing Office (GPO), toll free, at 1– Note for Mail or Hand Delivery of Requirements: We identify 888–293–6498; or in the Washington, Paper Applications: If you mail or hand administrative and national policy DC area at (202) 512–1530. deliver your application to the requirements in the application package Note: The official version of this document Department: and reference these and other (1) You must indicate on the envelope is the document published in the Federal requirements in the Applicable Register. Free Internet access to the official and—if not provided by the Regulations section of this notice. edition of the Federal Register and the Code Department—in Item 4 of the We reference the regulations outlining of Federal Regulations is available on GPO Application for Federal Education the terms and conditions of an award in Access at: www.gpoaccess.gov/nara/ Assistance (SF 424) the CFDA number— the Applicable Regulations section of index.html. and suffix letter, if any—of the this notice and include these and other competition under which you are Dated: December 20, 2005. specific conditions in the GAN. The submitting your application. Sally L. Stroup, GAN also incorporates your approved (2) The Application Control Center Assistant Secretary for Postsecondary will mail a grant application receipt application as part of your binding Education. commitments under the grant. acknowledgment to you. If you do not [FR Doc. E5–7784 Filed 12–22–05; 8:45 am] 3. Reporting: At the end of your receive the grant application receipt BILLING CODE 4000–01–P acknowledgment within 15 business project period, you must submit a final days from the application deadline date, performance report, including financial you should call the U.S. Department of information as directed by the Secretary. DEPARTMENT OF EDUCATION Education Application Control Center at If you receive a multi-year award, you (202) 245–6288. must submit an annual performance Office of Safe and Drug-Free Schools; report that provides the most current Overview Information; Grant V. Application Review Information performance and financial expenditures Competition to Prevent High-Risk 1. Selection Criteria: The selection information as specified by the Drinking or Violent Behavior Among criteria for this program are from 34 CFR Secretary in 34 CFR 75.118. College Students; Notice Inviting 644.21 and are listed in the application 4. Performance Measures: The success Applications for New Awards for Fiscal package. of the EOC Program is measured by the Year (FY) 2006 EOC Program participants’ success in Note: Under the ‘‘Objectives’’ selection Catalog of Federal Domestic enrollment in continuing education criterion, 34 CFR 644.21(b), applicants must Assistance (CFDA) Number: 84.184H. programs, completion of applications address both outcome and process objectives Dates:Applications Available: that are related to each of the purposes of the for student financial aid, submission of December 23, 2005. EOC Program as described in 34 CFR 644.1. applications for postsecondary Deadline for Transmittal of The application package for this program admission, and postsecondary Applications: February 6, 2006. specifies the following four objectives related education enrollment. All EOC Program to the purposes of the EOC program: Deadline for Intergovernmental Increasing enrollment in continuing grantees will be required to submit an Review: April 7, 2006. education programs, increasing applications annual performance report. Eligible Applicants: Institutions of for student financial aid, increasing VII. Agency Contacts higher education (IHEs), consortia applications for postsecondary education thereof, public and private nonprofit admissions, and increasing postsecondary FOR FURTHER INFORMATION CONTACT: organizations, including faith-based education enrollment. The EOC Program Margaret Wingfield or Rachael Couch, Profile page in the application package organizations, and individuals. details more specific information that U.S. Department of Education, 1990 K Estimated Available Funds: applicants must submit regarding these four Street, NW., suite 7000, Washington, DC $1,750,000. Contingent upon the objectives. Applicants may, but are not 20006–8510. Telephone: (202) 502–7600 availability of funds, we may make required to, develop additional objectives for or by e-mail: [email protected] additional awards in FY 2007 and their project. If you use a telecommunications subsequent years from the list of 2. Review and Selection Process: The device for the deaf (TDD), you may call nonfunded applications from this Secretary will select an application for the Federal Relay Service (FRS) at 1– competition. funding in rank-order, based on the 800–877–8339. Estimated Number of Awards: 14. application’s total score for the selection Individuals with disabilities may Estimated Range of Awards: criteria and prior experience, pursuant obtain this document in an alternative $100,000—$150,000. to 34 CFR 644.20 through 644.22. If format (e.g., Braille, large print, Estimated Average Size of Awards: there are insufficient funds for two or audiotape, or computer diskette) on $125,000. more applications with the same total request to the program contact persons Note: The Department is not bound by any scores, the Secretary will choose among listed in this section. estimates in this notice.
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Project Period: Up to 24 months. (formative) measures that assess and Note: The Department is not bound by any Projects will be funded for one year document the strategies used; and estimates in this notice. with an option for an additional year, (6) Demonstrate the ability to start the Project Period: Up to 24 months. contingent upon substantial progress by project within 60 days after receiving Projects will be funded for one year the grantee and the availability of funds. Federal funding in order to maximize with an option for an additional year, the time available to show impact Full Text of Announcement contingent upon substantial progress by within the grant period. the grantee and the availability of funds. I. Funding Opportunity Description Absolute Priority Two—Develop or III. Eligibility Information Purpose of Program: The Grant Enhance, Implement, and Evaluate Competition to Prevent High-Risk Campus—and/or Community-Based 1. Eligible Applicants: IHEs, consortia Drinking or Violent Behavior Among Strategies To Prevent Violent Behavior thereof, public and private nonprofit College Students provides awards to Among College Students organizations, including faith-based develop or enhance, implement, and organizations, and individuals. Under this priority, applicants are evaluate campus-and/or community- 2. Cost Sharing or Matching: This required to: based strategies to prevent high-risk program does not involve cost sharing (1) Identify a specific student drinking or violent behavior among or matching. population to be served by the grant and college students. provide a justification for its selection; IV. Application Submission Priorities: These priorities are from (2) Provide evidence that a needs Information the notice of final priorities and assessment has been conducted on selection criteria for this program, 1. Address to Request Application campus to document prevalence rates published in the Federal Register on Package: Education Publications Center related to violent behavior; (ED Pubs), P.O. Box 1398, Jessup, MD December 27, 2000 (65 FR 82224– (3) Set measurable goals and 20794–1398. Telephone (toll-free): 1– 82226), and the correction notice objectives for the proposed project and 877–433–7827.0 Fax: 1–301–470–1244. published in the Federal Register on provide a description of how progress If you use a telecommunications device January 10, 2001 (66 FR 1963) toward achieving the goals and for the deaf (TDD), you may call (toll (collectively, the Notice of Final objectives will be measured annually; free): 1–877–576–7734. Priorities and Selection Criteria). (4) Design and implement prevention You also may contact ED Pubs at its Absolute Priorities: For FY 2006 and strategies, using student input and Web site: www.ed.gov/pubs/ any subsequent year in which we make participation, that research has shown edpubs.html or you may contact ED awards on the basis of the list of to be effective in preventing violent Pubs at its e-mail address: nonfunded applications from this behavior among college students; [email protected]. competition, these priorities are (5) Use a qualified evaluator to design You may also access the electronic absolute priorities. Under 34 CFR and implement an evaluation of the version of the application at the 75.105(c)(3) we consider only project using outcomes-based following Web site: www.ed.gov/ applications that meet either of the (summative) performance indicators programs/dvphighrisk/index.html. absolute priorities. related to behavioral change and process If you request an application from ED These priorities are: (formative) measures that assess and Pubs, be sure to identify this document the strategies used; and Absolute Priority One—Develop or competition as follows: CFDA Number (6) Demonstrate the ability to start the Enhance, Implement, and Evaluate 84.184H. project within 60 days after receiving Campus—and/or Community-Based Individuals with disabilities may Federal funding in order to maximize Strategies To Prevent High-Risk obtain a copy of the application package the time available to show impact Drinking Among College Students in an alternative format (e.g., Braille, within the grant period. Under this priority, applicants are Program Authority: 20 U.S.C. 7131. large print, audiotape, or computer required to: Applicable Regulations: (a) The diskette) by contacting the program (1) Identify a specific student Education Department General contact person listed under FOR FURTHER population to be served by the grant and Administrative Regulations (EDGAR) in INFORMATION CONTACT in section VII of provide a justification for its selection; 34 CFR parts 74, 75, 77, 79, 80, 81, 82, this notice. (2) Provide evidence that a needs 84, 85, 86, 97, 98, and 99. (b) the Notice 2. Content and Form of Application assessment has been conducted on of Final Priority and Selection Criteria. Submission: Requirements concerning campus to document prevalence rates the content of an application, together related to high-risk drinking by the Note: The regulations in 34 CFR part 86 with the forms you must submit, are in population selected; apply to IHEs only. the application package for this (3) Set measurable goals and competition. objectives for the proposed project and II. Award Information Page Limit: The program narrative provide a description of how progress Type of Award: Discretionary grants. section should not exceed 25 double- toward achieving the goals and Estimated Available Funds: spaced pages using a standard font no objectives will be measured annually; $1,750,000. Contingent upon the smaller than 12-point, with 1-inch (4) Design and implement prevention availability of funds, we may make margins (top, bottom, left, and right). strategies, using student input and additional awards in FY 2007 and The narrative should follow the format participation, that research has shown subsequent years from the list of and sequence of the selection criteria. to be effective in preventing high-risk nonfunded applications from this 3. Submission Dates and Times: drinking by the target population; competition. Applications Available: December 23, (5) Use a qualified evaluator to design Estimated Range of Awards: 2005. and implement an evaluation of the $100,000—$150,000. Deadline for Transmittal of project using outcomes-based Estimated Average Size of Awards: Applications: February 6, 2006. (summative) performance indicators $125,000. Applications for grants under this related to behavioral change and process Estimated Number of Awards: 14. competition may be submitted
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electronically using the Electronic Grant modifications to these hours are posted between the hours of 8:30 a.m. and 3:30 Application System (e-Application) on the e-Grants Web site. p.m., Washington, DC, time, on the accessible through the Department’s e- • You will not receive additional application deadline date; or Grants system, or in paper format by point value because you submit your (b) The e-Application system is mail or hand delivery. For information application in electronic format, nor unavailable for any period of time (including dates and times) about how will we penalize you if you submit your between 3:30 p.m. and 4:30 p.m., to submit your application application in paper format. Washington, DC, time, on the electronically, or by mail or hand • You must submit all documents application deadline date. delivery, please refer to section IV. 6. electronically, including the We must acknowledge and confirm Other Submission Requirements in this Application for Federal Education these periods of unavailability before notice. Assistance (ED 424), Budget granting you an extension. To request We do not consider an application Information—Non-Construction this extension or to confirm our that does not comply with the deadline Programs (ED 524), and all necessary acknowledgement of any system requirements. assurances and certifications. If you unavailability, you may contact either Deadline for Intergovernmental choose to submit your application (1) the person listed elsewhere in this Review: April 7, 2006. electronically, you must attach any notice under FOR FURTHER INFORMATION 4. Intergovernmental Review: This narrative sections of your application as CONTACT (see VII. Agency Contact) or (2) competition is subject to Executive files in a .DOC (document), .RTF (rich the e-Grants help desk at 1–888–336– Order 12372 and the regulations in 34 text), or .PDF (Portable Document) 8930. If the system is down and CFR Part 79. Information about format. If you upload a file type other therefore the application deadline is Intergovernmental Review of Federal than the three file types specified above extended, an e-mail will be sent to all Programs under Executive Order 12372 or submit a password protected file, we registered users who have initiated an e- is in the application package for this will not review that material. Application. competition. • Your electronic application must Extensions referred to in this section 5. Funding Restrictions: We reference comply with any page limit apply only to the unavailability of the regulations outlining funding requirements described in this notice. Department’s e-Application system. If restrictions in the Applicable • Prior to submitting your electronic the e-Application system is available, Regulations section of this notice. application, you may wish to print a and, for any reason, you are unable to 6. Other Submission Requirements: copy of it for your records. submit your application electronically Applications for grants under this • After you electronically submit or you do not receive an automatic competition may be submitted your application, you will receive an acknowledgment of your submission, electronically or in paper format by mail automatic acknowledgement that will you may submit your application in or hand delivery. include a PR/Award number (an paper format by mail or hand delivery a. Electronic Submission of identifying number unique to your in accordance with the instructions in Applications. If you choose to submit application). this notice. your application to us electronically, • Within three working days after b. Submission of Paper Applications you must use e-Application available submitting your electronic application, by Mail. If you submit your application through the Department’s e-Grants fax a signed copy of the ED 424 to the in paper format by mail (through the system, accessible through the e-Grants Application Control Center after U.S. Postal Service or a commercial portal page at: http://e-grants.ed.gov. following these steps: carrier), you must mail the original and While completing your electronic (1) Print ED 424 from e-Application. two copies of your application, on or application, you will be entering data (2) The applicant’s Authorizing before the application deadline date, to online that will be saved into a Representative must sign this form. the Department at the applicable database. You may not e-mail an (3) Place the PR/Award number in the following address: electronic copy of a grant application to upper right hand corner of the hard- By mail through the U.S. Postal us. copy signature page of the ED 424. Service: U.S. Department of Education, Please note the following: (4) Fax the signed ED 424 to the Application Control Center, Attention: • Your participation in e-Application Application Control Center at (202) (CFDA Number 84.184H), 400 Maryland is voluntary. 245–6272. Avenue, SW., Washington, DC 20202– • • You must complete the electronic We may request that you provide us 4260; or submission of your grant application by original signatures on other forms at a By mail through a commercial carrier: 4:30 p.m., Washington, DC, time, on the later date. U.S. Department of Education, application deadline date. The e- Application Deadline Date Extension Application Control Center—Stop 4260, Application system will not accept an in Case of System Unavailability: If you Attention: (CFDA Number 84.184H), application for this competition after are prevented from electronically 7100 Old Landover Road, Landover, MD 4:30 p.m., Washington, DC, time, on the submitting your application on the 20785–1506. application deadline date. Therefore, we application deadline date because the e- Regardless of which address you use, strongly recommend that you do not Application system is unavailable, we you must show proof of mailing wait until the application deadline date will grant you an extension of one consisting of one of the following: to begin the application process. business day in order to transmit your (1) A legibly dated U.S. Postal Service • The regular hours of operation of application electronically, by mail, or by postmark, the e-Grants Web site are 6 a.m. Monday hand delivery. We will grant this (2) A legible mail receipt with the until 7 p.m. Wednesday; and 6 a.m. extension if— date of mailing stamped by the U.S. Thursday until midnight Saturday, (1) You are a registered user of e- Postal Service, Washington, DC, time. Please note that Application and you have initiated an (3) A dated shipping label, invoice, or the system is unavailable on Sundays, electronic application for this receipt from a commercial carrier, or and between 7 p.m. on Wednesdays and competition; and (4) Any other proof of mailing 6 a.m. on Thursdays, Washington, DC, (2)(a) The e-Application system is acceptable to the Secretary of the U.S. time, for maintenance. Any unavailable for 60 minutes or more Department of Education.
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If you mail your application through (GAN). We may also notify you VIII. Other Information the U.S. Postal Service, we do not informally. Electronic Access to This Document accept either of the following as proof If your application is not evaluated or of mailing: not selected for funding, we notify you. You may view this document, as well (1) A private metered postmark, or 2. Administrative and National Policy as all other documents of this (2) A mail receipt that is not dated by Requirements: We identify Department published in the Federal the U.S. Postal Service. administrative and national policy Register, in text or Adobe Portable If your application is postmarked after requirements in the application package Document Format (PDF) on the Internet the application deadline date, we will and reference these and other at the following site: www.ed.gov/news/ not consider your application. requirements in the Applicable fedregister. Regulations section of this notice. To use PDF you must have Adobe Note: The U.S. Postal Service does not We reference the regulations outlining Acrobat Reader, which is available free uniformly provide a dated postmark. Before the terms and conditions of an award in at this site. If you have questions about relying on this method, you should check using PDF, call the U.S. Government with your local post office. the Applicable Regulations section of this notice and include these and other Printing Office (GPO), toll free, at (888) c. Submission of Paper Applications specific conditions in the GAN. The 293–6498; or in the Washington, DC, by Hand Delivery. If you submit your GAN also incorporates your approved area at (202) 512–1530. You may also view this document in application in paper format by hand application as part of your binding text or PDF at the following site: delivery, you (or a courier service) must commitments under the grant. www.ed.gov/programs/ dvphighrisk/ deliver the original and two copies of 3. Reporting: If funded, you are applicant.html. your application by hand, on or before expected to collect data on the key the application deadline date, to the GPRA performance measures for this Note: The official version of this document Department at the following address: program and report those data to the is the document published in the Federal U.S. Department of Education, Department in your annual performance Register. Free Internet access to the official Application Control Center, Attention: report and final performance report. At edition of the Federal Register and the Code (CFDA Number 84.184H), 550 12th of Federal Regulations is available on GPO the end of your project period, you must Access at: http://www.gpoaccess.gov/nara/ Street, SW., Room 7041, Potomac Center submit a final performance report, index.html. Plaza, Washington, DC 20202–4260. including financial information, as The Application Control Center directed by the Secretary. If you receive Dated: December 20, 2005. accepts hand deliveries daily between 8 a multi-year award, you must submit an Deborah A. Price, a.m. and 4:30 p.m., Washington, DC, annual performance report that provides Assistant Deputy Secretary for Safe and Drug- time, except Saturdays, Sundays, and the most current performance and Free Schools. Federal holidays. financial expenditure information as [FR Doc. E5–7783 Filed 12–22–05; 8:45 am] specified by the Secretary in 34 CFR Note for Mail or Hand Delivery of Paper BILLING CODE 4000–01–P Applications: If you mail or hand deliver 75.118. We also may require more your application to the Department: frequent performance reports in (1) You must indicate on the envelope accordance with 34 CFR 75.720(c). DEPARTMENT OF ENERGY and—if not provided by the Department—in 4. Performance Measures: We have Item 4 of the ED 424 the CFDA number—and identified the following key GPRA Environmental Management Site- suffix letter, if any—of the competition under performance measures for assessing the Specific Advisory Board, Northern New which you are submitting your application. effectiveness of this program at the end Mexico (2) The Application Control Center will of these two-year grants: (1) The AGENCY: Department of Energy. mail a grant application receipt percentage of grantees that achieve a acknowledgment to you. If you do not receive ACTION: Notice of Open Meeting. the grant application receipt five percent decrease in high-risk acknowledgment within 15 business days drinking among students served by the SUMMARY: This notice announces a from the application deadline date, you project (Absolute Priority One) and (2) meeting of the Environmental should call the U.S. Department of Education the percentage of grantees that achieve Management Site-Specific Advisory Application Control Center at (202) 245– a five percent decrease in violent Board (EMSSAB), Northern New 6288. behavior among students served by the Mexico. The Federal Advisory project (Absolute Priority Two). Committee Act (Pub. L. 92–463, 86 Stat. V. Application Review Information VII. Agency Contact 770) requires that public notice of this 1. Selection Criteria: The selection meeting be announced in the Federal criteria for this program are from the FOR FURTHER INFORMATION CONTACT: Register. Richard Lucey, Jr., U.S. Department of Notice of Final Priorities and Selection DATES: Wednesday, January 25, 2006, 1 Education, 400 Maryland Avenue, SW., Criteria and are listed in the application p.m.–8:30 p.m. package. room 3E335, Washington, DC 20202– ADDRESSES: Jemez Complex, Santa Fe 2. Review and Selection Process: An 6450. Telephone: (202) 205–5471 or by Community College, 6401 Richards additional factor we may consider in e-mail: [email protected]. Avenue, Santa Fe, New Mexico. selecting an application for an award is If you use a telecommunications the geographic distribution of the device for the deaf (TDD), you may call FOR FURTHER INFORMATION CONTACT: projects, in addition to the rank order of the Federal Relay Service (FRS) at (800) Menice Santistevan, Northern New applicants. 877–8339. Mexico Citizens’ Advisory Board, 1660 Individuals with disabilities may Old Pecos Trail, Suite B, Santa Fe, NM VI. Award Administration Information obtain this document in an alternative 87505. Phone (505) 995–0393; Fax (505) 1. Award Notices: If your application format (e.g., Braille, large print, 989–1752 or e-mail: is successful, we notify your U.S. audiotape, or computer diskette) on [email protected]. Representative and U.S. Senators and request to the contact person listed in SUPPLEMENTARY INFORMATION: Purpose of send you a Grant Award Notification this section. the Board: The purpose of the Board is
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to make recommendations to DOE in the address or telephone number listed SUPPLEMENTARY INFORMATION: areas of environmental restoration, above. Requests must be received five Purpose of the Board: The purpose of waste management, and related days prior to the meeting and reasonable the Board is to make recommendations activities. provision will be made to include the to DOE in the areas of environmental presentation in the agenda. The Deputy restoration, waste management, and Tentative Agenda Designated Federal Officer is related activities. 1 p.m. Call to Order by Deputy empowered to conduct the meeting in a Tentative Agenda Designated Federal Officer (DDFO), fashion that will facilitate the orderly Monday, January 23, 2006. Christina Houston. conduct of business. Individuals 1 p.m. Combined Committee Establishment of a Quorum. wishing to make public comment will Session. Welcome and Introductions by Chair, be provided a maximum of five minutes 5:15 p.m. Adjourn. J. D. Campbell. to present their comments. Tuesday, January 24, 2006. Approval of Agenda. Minutes: Minutes of this meeting will 8:30 a.m. Approval of Minutes, Approval of Minutes of November 30, be available for public review and Agency Updates. 2005 Board Meeting. copying at the U.S. Department of 8:45 a.m. Public Comment Session. 1:15 p.m. Board Business. Energy’s Freedom of Information Public 9 a.m. Chair and Facilitator Update. A. Report from Chair, J. D. Campbell. Reading Room, 1E–190, Forrestal 9:30 a.m. Waste Management B. Report from Department of Energy, Building, 1000 Independence Avenue, Committee Report. DDFO, Christina Houston. SW., Washington, DC 20585 between 9 11 p.m. Facility Disposition and Site C. Report from Executive Director, a.m. and 4 p.m., Monday-Friday, except Remediation Committee Report. Menice B. Santistevan Federal holidays. Minutes will also be 11:45 a.m. Public Comment Session. D. Consideration and Action on Fiscal available at the Public Reading Room 12 p.m. Lunch Break. Year 2006 Northern New Mexico located at the Board’s office at 1660 Old 1 p.m. Nuclear Materials Committee Citizens’ Advisory Board Budget. Pecos Trail, Suite B, Santa Fe, NM. Report. E. New Business. Hours of operation for the Public 1:30 p.m. Strategic and Legacy 2:45 p.m. Break. Reading Room are 9 a.m.–4 p.m. on Management Committee Report. 3 p.m. Reports. Monday through Friday. Minutes will 2:15 p.m. Administrative Committee A. Community Involvement also be made available by writing or Report. • Committee, Grace Perez. calling Menice Santistevan at the Bylaws Amendment Proposal. • B. Waste Management Committee, Board’s office address or telephone Membership Elections. Matthew Deller. number listed above. Minutes and other 3:15 p.m. Public Comment Session. C. Environmental Monitoring, Board documents are on the Internet at: 3:30 p.m. Environmental Justice Surveillance and Remediation http://www.nnmcab.org. Initiatives. Committee, Chris Timm. 4 p.m. Adjourn. Issued at Washington, DC, on December 19, If needed, time will be allotted after D. Reports from Ex-Officio Members. 2005. U.S. Environmental Protection public comments for items added to the Rachel M. Samuel, Agency—Rich Mayer. agenda, and administrative details. A U.S. Department of Energy (DOE)— Deputy Advisory Committee Management final agenda will be available at the Officer. John Ordaz. meeting Monday, January 23, 2006. University of California/Los Alamos [FR Doc. E5–7788 Filed 12–22–05; 8:45 am] Public Participation: The meeting is National Laboratory (LANL)—Ken BILLING CODE 6450–01–P open to the public. Written statements Hargis. may be filed with the Board either New Mexico Environment before or after the meeting. Individuals DEPARTMENT OF ENERGY Department (NMED)—James Bearzi. who wish to make oral statements 4 p.m. Discussion with Los Alamos Site Environmental Management Site- pertaining to agenda items should Office (LASO) Manager, Ed Wilmot. Specific Advisory Board, Savannah contact Gerri Flemming’s office at the 5 p.m. Dinner Break. River address or telephone listed above. 6 p.m. Public Comment. Requests must be received five days 6:15 p.m. Consideration of AGENCY: Department of Energy. prior to the meeting and reasonable Recommendations. ACTION: Notice of Open Meeting. provision will be made to include the 6:30 p.m. Presentation on presentation in the agenda. The Deputy Environmental Remediation at Los SUMMARY: This notice announces a Designated Federal Officer is Alamos National Laboratory. meeting of the Environmental empowered to conduct the meeting in a 7:30 p.m. Comments from Ex-Officio Management Site-Specific Advisory fashion that will facilitate the orderly Members—DOE/LASO, LANL, Board (EMSSAB), Savannah River. The conduct of business. Individuals NMED. Federal Advisory Committee Act (Pub. wishing to make public comment will 8 p.m. Comments from Board Members. L. 92–463, 86 Stat. 770) requires that be provided a maximum of five minutes 8:20 p.m. Recap of Meeting: Issuance of public notice of this meeting be to present their comments. Press Releases, Editorials, etc. announced in the Federal Register. Minutes: The minutes of this meeting 8:30 p.m. Adjourn. DATES: Monday, January 23, 2006, 1 will be available for public review and This agenda is subject to change at p.m.–5:15 p.m., Tuesday, January 24, copying at the U.S. Department of least one day in advance of the meeting. 2006, 8:30 a.m.–4 p.m. Energy’s Freedom of Information Public Public Participation: The meeting is ADDRESSES: Crowne Plaza, 130 Shipyard Reading Room, 1E–190, Forrestal open to the public. Written statements Drive, Hilton Head Island, SC 29928. Building, 1000 Independence Avenue, may be filed with the Board either FOR FURTHER INFORMATION CONTACT: SW., Washington, DC, 20585 between 9 before or after the meeting. Individuals Gerri Flemming, Closure Project Office, a.m. and 4 p.m., Monday through who wish to make oral statements Department of Energy Savannah River Friday, except Federal holidays. pertaining to agenda items should Operations Office, P.O. Box A, Aiken, Minutes will also be available by contact Menice Santistevan at the SC, 29802; Phone: (803) 952–7886. writing to Gerri Flemming, Department
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of Energy Savannah River Operations conduct of business. Individuals should submit an original and 14 copies Office, P.O. Box A, Aiken, SC, 29802, or wishing to make public comment will of the protest or intervention to the by calling her at (803) 952–7886. be provided a maximum of five minutes Federal Energy Regulatory Commission, Issued at Washington, DC, on December 19, to present their comments. 888 First Street, NE., Washington, DC 2005. Minutes: Minutes of this meeting will 20426. Rachel M. Samuel, be available for public review and This filing is accessible on-line at http://www.ferc.gov, using the Deputy Advisory Committee Management copying at the Department of Energy’s Officer. Information Center at 475 Oak Ridge ‘‘eLibrary’’ link and is available for review in the Commission’s Public [FR Doc. E5–7789 Filed 12–22–05; 8:45 am] Turnpike, Oak Ridge, TN between 8 a.m. and 5 p.m., Monday through Reference Room in Washington, DC. BILLING CODE 6450–01–P Friday, or by writing to Pat Halsey, There is an ‘‘eSubscription’’ link on the Department of Energy Oak Ridge Web site that enables subscribers to DEPARTMENT OF ENERGY Operations Office, P.O. Box 2001, EM– receive e-mail notification when a 90, Oak Ridge, TN 37831, or by calling document is added to a subscribed Environmental Management Site- her at (865) 576–4025. docket(s). For assistance with any FERC Specific Advisory Board, Oak Ridge Issued at Washington, DC, on December 19, Online service, please e-mail Reservation 2005. [email protected], or call Rachel M. Samuel, (866) 208–3676 (toll free). For TTY, call AGENCY: Department of Energy. (202) 502–8659. ACTION: Notice of Open Meeting. Deputy Advisory Committee Management Officer. Comment Date: 5 p.m. Eastern Time on January 6, 2006. SUMMARY: This notice announces a [FR Doc. E5–7790 Filed 12–22–05; 8:45 am] meeting of the Environmental BILLING CODE 6450–01–P Magalie R. Salas, Management Site-Specific Advisory Secretary. Board (EMSSAB), Oak Ridge [FR Doc. E5–7752 Filed 12–22–05; 8:45 am] DEPARTMENT OF ENERGY Reservation. The Federal Advisory BILLING CODE 6717–01–P Committee Act (Pub. L. 92–463, 86 Stat. 770) requires that public notice of this Federal Energy Regulatory meeting be announced in the Federal Commission DEPARTMENT OF ENERGY Register. [Docket No. EL06–24–000] Federal Energy Regulatory DATES: Wednesday, January 11, 2006, 6 Commission p.m. Notice of Filing ADDRESSES: DOE Information Center, December 15, 2005. [Docket No. EC06–37–000] 475 Oak Ridge Turnpike, Oak Ridge, Take notice that on December 7, 2005, Tennessee. Duke Energy Marketing America, LLC, the City of Anaheim, California Duke Energy Trading and Marketing, FOR FURTHER INFORMATION CONTACT: Pat (Anaheim) tendered for filing its third LLC, Barclays Bank PLC; Notice of Halsey, Federal Coordinator, annual revisions to its transmission Filing Department of Energy Oak Ridge Revenue Balancing Account Operations Office, P.O. Box 2001, EM– Adjustment. Anaheim requests any December 15, 2005. 90, Oak Ridge, TN 37831. Phone (865) necessary waivers by the Commission to Take notice that on December 8, 2005, 576–4025; Fax (865) 576–5333 or e-mail: allow this filing to be effective January Duke Energy Marketing America LLC, [email protected] or check the Web 1, 2006. Duke Energy Trading and Marketing, site at http://www.oakridge.doe.gov/em/ Any person desiring to intervene or to LLC and Barclays Bank PLC ssab. protest this filing must file in (collectively, Applicants) submitted an SUPPLEMENTARY INFORMATION: accordance with Rules 211 and 214 of application pursuant to section 203 of Purpose of the Board: The purpose of the Commission’s Rules of Practice and the Federal Power Act for authorization the Board is to make recommendations Procedure (18 CFR 385.211, 385.214). of a disposition of jurisdictional to DOE in the areas of environmental Protests will be considered by the facilities in which DEMA and DETM restoration, waste management, and Commission in determining the propose to transfer to Barclays various related activities. appropriate action to be taken, but will wholesale electric power sales contracts, Tentative Agenda: Overview of the not serve to make protestants parties to which transfer is part of an agreement 2004 Oak Ridge Reservation Annual Site the proceeding. Any person wishing to to transfer a significant portion of the Environmental Report. become a party must file a notice of trading books of DEMA, DETM and Public Participation: The meeting is intervention or motion to intervene, as certain of their affiliates. Applicants open to the public. Written statements appropriate. Such notices, motions, or have requested privileged treatment for may be filed with the Board either protests must be filed on or before the commercially sensitive information before or after the meeting. Individuals comment date. Anyone filing a motion contained in the Application. who wish to make oral statements to intervene or protest must serve a copy Any person desiring to intervene or to pertaining to the agenda item should of that document on the Applicant. On protest this filing must file in contact Pat Halsey at the address or or before the comment date, it is not accordance with Rules 211 and 214 of telephone number listed above. necessary to serve motions to intervene the Commission’s Rules of Practice and Requests must be received five days or protests on persons other than the Procedure (18 CFR 385.211, 385.214). prior to the meeting and reasonable Applicant. Protests will be considered by the provision will be made to include the The Commission encourages Commission in determining the presentation in the agenda. The Deputy electronic submission of protests and appropriate action to be taken, but will Designated Federal Officer is interventions in lieu of paper using the not serve to make protestants parties to empowered to conduct the meeting in a ‘‘eFiling’’ link at http://www.ferc.gov. the proceeding. Any person wishing to fashion that will facilitate the orderly Persons unable to file electronically become a party must file a notice of
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intervention or motion to intervene, as appropriate action to be taken, but will Applicants) pursuant to section 203 of appropriate. Such notices, motions, or not serve to make protestants parties to the Federal Power Act tendered for protests must be filed on or before the the proceeding. Any person wishing to filing an Application for Authorization comment date. Anyone filing a motion become a party must file a notice of of the Acquisition of Securities. to intervene or protest must serve a copy intervention or motion to intervene, as Any person desiring to intervene or to of that document on the Applicant. On appropriate. Such notices, motions, or protest this filing must file in or before the comment date, it is not protests must be filed in accordance accordance with Rules 211 and 214 of necessary to serve motions to intervene with the provisions of section 154.210 the Commission’s Rules of Practice and or protests on persons other than the of the Commission’s regulations (18 CFR Procedure (18 CFR 385.211, 385.214). Applicant. 154.210). Anyone filing an intervention Protests will be considered by the The Commission encourages or protest must serve a copy of that Commission in determining the electronic submission of protests and document on the Applicant. Anyone appropriate action to be taken, but will interventions in lieu of paper using the filing an intervention or protest on or not serve to make protestants parties to ‘‘eFiling’’ link at http://www.ferc.gov. before the intervention or protest date the proceeding. Any person wishing to Persons unable to file electronically need not serve motions to intervene or become a party must file a notice of should submit an original and 14 copies protests on persons other than the intervention or motion to intervene, as of the protest or intervention to the Applicant. appropriate. Such notices, motions, or Federal Energy Regulatory Commission, The Commission encourages protests must be filed on or before the 888 First Street, NE., Washington, DC electronic submission of protests and comment date. Anyone filing a motion 20426. interventions in lieu of paper using the to intervene or protest must serve a copy This filing is accessible on-line at ‘‘eFiling’’ link at http://www.ferc.gov. of that document on the Applicant. On http://www.ferc.gov, using the Persons unable to file electronically or before the comment date, it is not ‘‘eLibrary’’ link and is available for should submit an original and 14 copies necessary to serve motions to intervene review in the Commission’s Public of the protest or intervention to the or protests on persons other than the Reference Room in Washington, DC. Federal Energy Regulatory Commission, Applicant. There is an ‘‘eSubscription’’ link on the 888 First Street, NE., Washington, DC The Commission encourages Web site that enables subscribers to 20426. electronic submission of protests and receive e-mail notification when a This filing is accessible on-line at interventions in lieu of paper using the document is added to a subscribed http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. docket(s). For assistance with any FERC ‘‘eLibrary’’ link and is available for Persons unable to file electronically Online service, please e-mail review in the Commission’s Public should submit an original and 14 copies [email protected], or call Reference Room in Washington, DC. of the protest or intervention to the (866) 208–3676 (toll free). For TTY, call There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Commission, (202) 502–8659. Web site that enables subscribers to 888 First Street, NE., Washington, DC Comment Date: 5 p.m. Eastern Time receive e-mail notification when a 20426. on December 29, 2005. document is added to a subscribed This filing is accessible on-line at docket(s). For assistance with any FERC http://www.ferc.gov, using the Magalie R. Salas, Online service, please e-mail ‘‘eLibrary’’ link and is available for Secretary. [email protected], or call review in the Commission’s Public [FR Doc. E5–7751 Filed 12–22–05; 8:45 am] (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. BILLING CODE 6717–01–P (202) 502–8659. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to Magalie R. Salas, receive e-mail notification when a DEPARTMENT OF ENERGY Secretary. document is added to a subscribed [FR Doc. E5–7749 Filed 12–22–05; 8:45 am] docket(s). For assistance with any FERC Federal Energy Regulatory BILLING CODE 6717–01–P Commission Online service, please e-mail [email protected], or call [ Docket No. RP06–144–000] (866) 208–3676 (toll free). For TTY, call DEPARTMENT OF ENERGY (202) 502–8659. Eastern Shore Natural Gas Company; Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time Notice of Proposed Changes in FERC on December 28, 2005. Gas Tariff Commission [ Docket No. EC06–36–000] Magalie R. Salas, December 15, 2005. Secretary. Take notice that on December 9, 2005 Exelon Corporation, Exelon Ventures [FR Doc. E5–7750 Filed 12–22–05; 8:45 am] Eastern Shore Natural Gas Company Company, LLC, Commonwealth Edison BILLING CODE 6717–01–P (Eastern Shore) tendered for filing Company, Commonwealth Edison revised tariff sheets, proposed to be Company of Indiana, Inc., PECO effective December 21, 2005. Energy Company, Exelon Generation DEPARTMENT OF ENERGY Eastern Shore states that copies of its Company, LLC; Notice of Filing filing has been mailed to its customers Federal Energy Regulatory and interested state commissions. December 15, 2005 Commission Any person desiring to intervene or to Take notice that on December 7, 2005, [Docket No. ER06–252–001] protest this filing must file in Exelon Corporation, Exelon Ventures accordance with Rules 211 and 214 of Company, LLC, Commonwealth Edison ISO New England Inc.; Notice of Filing the Commission’s Rules of Practice and Company, Commonwealth Edison Procedure (18 CFR 385.211 and Company of Indiana, Inc. PECO Energy December 13, 2005. 385.214). Protests will be considered by Company and Exelon Generation Take notice that on December 12, the Commission in determining the Company, LLC (collectively, 2005, ISO New England, Inc. (the ISO)
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filed an additional interim revision to capitalize the costs incurred in a Volume No. 1, Third Revised Sheet No. Market Rule 1 to aid the ISO in onetime rehabilitation project to address 308 and Fourth Revised Sheet No. 309, implementing its Winter 2005/2006 stress corrosion cracking on Natural’s to be effective on January 6, 2006. Action Plan. system. Northern further states that copies of Any person desiring to intervene or to Any person desiring to intervene or to the filing have been mailed to each of protest this filing must file in protest this filing must file in its customers and interested state accordance with Rules 211 and 214 of accordance with Rules 211 and 214 of commissions. the Commission’s Rules of Practice and the Commission’s Rules of Practice and Any person desiring to protest this Procedure (18 CFR 385.211, 385.214). Procedure (18 CFR 385.211, 385.214). filing must file in accordance with Rule Protests will be considered by the Protests will be considered by the 211 of the Commission’s Rules of Commission in determining the Commission in determining the Practice and Procedure (18 CFR appropriate action to be taken, but will appropriate action to be taken, but will 385.211). Protests to this filing will be not serve to make protestants parties to not serve to make protestants parties to considered by the Commission in the proceeding. Any person wishing to the proceeding. Any person wishing to determining the appropriate action to be become a party must file a notice of become a party must file a notice of taken, but will not serve to make intervention or motion to intervene, as intervention or motion to intervene, as protestants parties to the proceeding. appropriate. Such notices, motions, or appropriate. Such notices, motions, or Such protests must be filed in protests must be filed on or before the protests must be filed on or before the accordance with the provisions of comment date. Anyone filing a motion comment date. Anyone filing a motion Section 154.210 of the Commission’s to intervene or protest must serve a copy to intervene or protest must serve a copy regulations (18 CFR 154.210). Anyone of that document on the Applicant and of that document on the Applicant and filing a protest must serve a copy of that all the parties in this proceeding. all the parties in this proceeding. document on all the parties to the The Commission encourages The Commission encourages proceeding. electronic submission of protests and electronic submission of protests and The Commission encourages interventions in lieu of paper using the interventions in lieu of paper using the electronic submission of protests in lieu ‘‘eFiling’’ link at http://www.ferc.gov. ‘‘eFiling’’ link at http://www.ferc.gov. of paper using the ‘‘eFiling’’ link at Persons unable to file electronically Persons unable to file electronically http://www.ferc.gov. Persons unable to should submit an original and 14 copies should submit an original and 14 copies file electronically should submit an of the protest or intervention to the of the protest or intervention to the original and 14 copies of the protest to Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, the Federal Energy Regulatory 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC Commission, 888 First Street, NE., 20426. 20426. Washington, DC 20426. This filing is accessible on-line at This filing is accessible on-line at This filing is accessible on-line at http://www.ferc.gov, using the http://www.ferc.gov, using the http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for review in the Commission’s Public review in the Commission’s Public review in the Commission’s Public Reference Room in Washington, DC. Reference Room in Washington, DC. Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to Web site that enables subscribers to Web site that enables subscribers to receive e-mail notification when a receive e-mail notification when a receive e-mail notification when a document is added to a subscribed document is added to a subscribed document is added to a subscribed docket(s). For assistance with any FERC docket(s). For assistance with any FERC docket(s). For assistance with any FERC Online service, please e-mail Online service, please e-mail Online service, please e-mail [email protected], or call [email protected], or call [email protected], or call (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. (202) 502–8659. (202) 502–8659. Comment Date: 5 p.m., Eastern Time Comment Date: 5 p.m. Eastern Time Magalie R. Salas, on December 27, 2005. on December 27, 2005. Secretary. Magalie R. Salas, Magalie R. Salas, [FR Doc. E5–7739 Filed 12–22–05; 8:45 am] Secretary. Secretary. BILLING CODE 6717–01–P [FR Doc. E5–7745 Filed 12–22–05; 8:45 am] [FR Doc. E5–7748 Filed 12–22–05; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P DEPARTMENT OF ENERGY
DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Federal Energy Regulatory Federal Energy Regulatory [Docket No. RP05–512–002] Commission Commission [Docket No. AC06–18–000] [ Docket No. RP06–57–001] Northwest Pipeline Corporation; Notice of Compliance Filing Natural Gas Pipeline Company of Northern Natural Gas Company; Notice America; Notice of Filing of Compliance Filing December 13, 2005. Take notice that on December 7, 2005, December 13, 2005. December 13, 2005. Northwest Pipeline Corporation Take notice that on December 8, 2005, Take notice that on December 6, 2005, (Northwest) tendered for filing as part of Natural Gas Pipeline Company of Northern Natural Gas Company its FERC Gas Tariff, Third Revised America (Natural) submitted a request (Northern) tendered for filing to become Volume No. 1, Third Revised Sheet No. for confirmation that it can continue to part of its FERC Gas Tariff, Fifth Revised 4, to be effective December 7, 2005.
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Northwest states that the purpose of on December 5, 2005, an application rules require that persons filing this filing is to comply with the pursuant to section 7(b) of the Natural comments in opposition to the project Commission’s letter order dated Gas Act (NGA), for authorization to provide copies of their protests only to November 30, 2005 in Docket Nos. abandon, by sale, to Vectren Energy the party or parties directly involved in RP05–512–000 and 001. Delivery of Ohio, Inc. (Vectren) and DPL the protest. Northwest states that a copy of this Energy, LLC (DPLE). Panhandle Persons who wish to comment only filing has been served on parties on the proposes to abandon certain pipeline on the environmental review of this official service list in the above- facilities known as the Dayton Facilities project should submit an original and captioned proceeding. which includes the Glen Karn Pipeline two copies of their comments to the Any person desiring to protest this consisting of 44.1-miles of 16-inch Secretary of the Commission. filing must file in accordance with Rule diameter pipe and the Shelby Pipeline Environmental commenters will be 211 of the Commission’s Rules of consisting of 19.73-miles of 6-inch placed on the Commission’s Practice and Procedure (18 CFR diameter pipe, located in Darke and environmental mailing list, will receive 385.211). Protests to this filing will be Shelby Counties, Ohio, all as more fully copies of the environmental documents, considered by the Commission in set forth in the application which is on and will be notified of meetings determining the appropriate action to be file with the Commission and open to associated with the Commission’s taken, but will not serve to make public inspection. This filing may be environmental review process. protestants parties to the proceeding. also viewed on the Web at http:// Environmental commenters will not be Such protests must be filed in www.ferc.gov using the ‘‘eLibrary’’ link. required to serve copies of filed accordance with the provisions of Enter the docket number excluding the documents on all other parties. section 154.210 of the Commission’s last three digits in the docket number However, the non-party commenters regulations (18 CFR 154.210). Anyone field to access the document. For will not receive copies of all documents filing a protest must serve a copy of that assistance, call (202) 502–8659 or TTY, filed by other parties or issued by the document on all the parties to the (202) 208–3676. Commission (except for the mailing of proceeding. Any questions regarding this environmental documents issued by the The Commission encourages application should be directed to Commission) and will not have the right electronic submission of protests in lieu William W. Grygar, Vice President of to seek court review of the of paper using the ‘‘eFiling’’ link at Rates and Regulatory Affairs, 5444 Commission’s final order. http://www.ferc.gov. Persons unable to Westheimer Road, Houston, Texas Comments, protests and interventions file electronically should submit an 77056–5306 at (713) 989–7000. may be filed electronically via the original and 14 copies of the protest to There are two ways to become Internet in lieu of paper. See 18 CFR the Federal Energy Regulatory involved in the Commission’s review of 385.2001(a)(1)(iii) and the instructions Commission, 888 First Street, NE., this project. First, any person wishing to on the Commission’s Web site under the Washington, DC 20426. obtain legal status by becoming a party ‘‘e-Filing’’ link. This filing is accessible on-line at to the proceedings for this project Comment Date: January 3, 2006. http://www.ferc.gov, using the should, on or before the comment date ‘‘eLibrary’’ link and is available for stated below, file with the Federal Magalie R. Salas, review in the Commission’s Public Energy Regulatory Commission, 888 Secretary. Reference Room in Washington, DC. First Street, NE., Washington, DC 20426, [FR Doc. E5–7742 Filed 12–22–05; 8:45 am] There is an ‘‘eSubscription’’ link on the a motion to intervene in accordance BILLING CODE 6717–01–P Web site that enables subscribers to with the requirements of the receive e-mail notification when a Commission’s Rules of Practice and document is added to a subscribed Procedure (18 CFR 385.214 or 385.211) DEPARTMENT OF ENERGY docket(s). For assistance with any FERC and the Regulations under the NGA (18 CFR 157.10). A person obtaining party Federal Energy Regulatory Online service, please e-mail Commission [email protected], or call status will be placed on the service list maintained by the Secretary of the (866) 208–3676 (toll free). For TTY, call [Docket No. ER95–362–022] Commission and will receive copies of (202) 502–8659. all documents filed by the applicant and Stand Energy Corporation; Notice of Magalie R. Salas, by all other parties. A party must submit Compliance Filing Secretary. 14 copies of filings made with the [FR Doc. E5–7746 Filed 12–22–05; 8:45 am] Commission and must mail a copy to December 15, 2005. Take notice that on December 5, 2005, BILLING CODE 6717–01–P the applicant and to every other party in the proceeding. Only parties to the Stand Energy Corporation submitted for proceeding can ask for court review of filing tariff sheets revising its existing DEPARTMENT OF ENERGY Commission orders in the proceeding. Rate Schedule No. 1, pursuant to the However, a person does not have to Commission’s November 3, 2005 Order Federal Energy Regulatory intervene in order to have comments in Alcan Power Marketing, Inc, 113 Commission considered. The second way to FERC ¶ 61,123 (2005). participate is by filing with the Any person desiring to intervene or to [Docket No. CP06–30–000] Secretary of the Commission, as soon as protest this filing must file in Panhandle Eastern Pipe Line possible, an original and two copies of accordance with Rules 211 and 214 of Company, LP; Notice of Application comments in support of or in opposition the Commission’s Rules of Practice and to this project. The Commission will Procedure (18 CFR 385.211, 385.214). December 13, 2005. consider these comments in Protests will be considered by the Take notice that Panhandle Eastern determining the appropriate action to be Commission in determining the Pipe Line Company, LP (Panhandle), taken, but the filing of a comment alone appropriate action to be taken, but will P.O. Box 4967, Houston, Texas 77210– will not serve to make the filer a party not serve to make protestants parties to 4967, filed in Docket No. CP06–30–000 to the proceeding. The Commission’s the proceeding. Any person wishing to
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become a party must file a notice of services performed for Southern under DEPARTMENT OF ENERGY intervention or motion to intervene, as Tennessee Rate Schedule T–110 and appropriate. Such notices, motions, or ANR Rate Schedule X–96 of their Federal Energy Regulatory protests must be filed on or before the respective Original Volume No. 2, FERC Commission comment date. Anyone filing a motion Gas Tariff, all as more fully set forth in [Docket No. CP06–33–000] to intervene or protest must serve a copy the application on file with the of that document on the Applicant and Commission and open to public Tennessee Gas Pipeline Company, all the parties in this proceeding. inspection. Southern Natural Gas Company; The Commission encourages Notice of Abbreviated Joint electronic submission of protests and Any person desiring to intervene or to Application for a Certificate of Public interventions in lieu of paper using the protest this filing must file in Convenience and Necessity for ‘‘eFiling’’ link at http://www.ferc.gov. accordance with Rules 211 and 214 of Authorization To Abandon a Persons unable to file electronically the Commission’s Rules of Practice and Transportation and Exchange Service should submit an original and 14 copies Procedure (18 CFR 385.211 and of the protest or intervention to the 385.214). Protests will be considered by December 13, 2005. Federal Energy Regulatory Commission, the Commission in determining the Take notice that on December 6, 2005, 888 First Street, NE., Washington, DC appropriate action to be taken, but will Tennessee Gas Pipeline Company 20426. not serve to make protestants parties to (Tennessee) and Southern Natural Gas This filing is accessible on-line at the proceeding. Any person wishing to Company (Southern) jointly filed an http://www.ferc.gov, using the become a party must file a notice of abbreviated application with the Commission for a certificate of public ‘‘eLibrary’’ link and is available for intervention or motion to intervene, as convenience and necessity pursuant to review in the Commission’s Public appropriate. Such notices, motions, or section 7(b) of the Natural Gas Act and Reference Room in Washington, DC. protests must be filed on or before the There is an ‘‘eSubscription’’ link on the part 157 the Commission’s Rules and date as indicated below. Anyone filing Regulations for authorization to Web site that enables subscribers to an intervention or protest must serve a receive e-mail notification when a abandon a certificated transportation copy of that document on the Applicant. and exchange service performed document is added to a subscribed Anyone filing an intervention or protest docket(s). For assistance with any FERC pursuant to Tennessee Rate Schedule T– on or before the intervention or protest 157 and Southern Rate Schedule X–71 Online service, please e-mail date need not serve motions to intervene [email protected], or call all as more fully set forth in the or protests on persons other than the (866) 208–3676 (toll free). For TTY, call application on file with the Commission Applicant. (202) 502–8659. and open to public inspection. Any person desiring to intervene or to Comment Date: 5 p.m. Eastern Time The Commission encourages protest this filing must file in on December 27, 2005. electronic submission of protests and accordance with Rules 211 and 214 of interventions in lieu of paper using the Magalie R. Salas, the Commission’s Rules of Practice and ‘‘eFiling’’ link at http://www.ferc.gov. Secretary. Procedure (18 CFR 385.211 and Persons unable to file electronically 385.214). Protests will be considered by [FR Doc. E5–7753 Filed 12–22–05; 8:45 am] should submit an original and 14 copies BILLING CODE 6717–01–P the Commission in determining the of the protest or intervention to the appropriate action to be taken, but will Federal Energy Regulatory Commission, not serve to make protestants parties to DEPARTMENT OF ENERGY 888 First Street, NE., Washington, DC the proceeding. Any person wishing to 20426. become a party must file a notice of Federal Energy Regulatory This filing is accessible on-line at intervention or motion to intervene, as Commission http://www.ferc.gov, using the appropriate. Such notices, motions, or [Docket No. CP06–31–000] ‘‘eLibrary’’ link and is available for protests must be filed on or before the review in the Commission’s Public date as indicated below. Anyone filing Tennessee Gas Pipeline Company; Reference Room in Washington, DC. an intervention or protest must serve a ANR Pipeline Company; Southern There is an ‘‘eSubscription’’ link on the copy of that document on the Applicant. Natural Gas Company; Notice of Web site that enables subscribers to Anyone filing an intervention or protest Abbreviated Joint Application for a receive e-mail notification when a on or before the intervention or protest Certificate of Public Convenience and document is added to a subscribed date need not serve motions to intervene Necessity for Authorization To docket(s). For assistance with any FERC or protests on persons other than the Applicant. Abandon Transportation and Online service, please e-mail Exchange Services The Commission encourages [email protected], or call electronic submission of protests and December 13, 2005. (866) 208–3676 (toll free). For TTY, call interventions in lieu of paper using the Take notice that on December 2, 2005, (202) 502–8659. ‘‘eFiling’’ link at http://www.ferc.gov. Tennessee Gas Pipeline Company Comment Date: 5 p.m. Eastern time Persons unable to file electronically (Tennessee), ANR Pipeline Company on January 3, 2006. should submit an original and 14 copies (ANR) and Southern Natural Gas of the protest or intervention to the Company (Southern) jointly filed an Magalie R. Salas, Federal Energy Regulatory Commission, abbreviated application with the Secretary. 888 First Street, NE., Washington, DC Commission for a certificate of public [FR Doc. E5–7743 Filed 12–22–05; 8:45 am] 20426. convenience and necessity pursuant to BILLING CODE 6717–01–P This filing is accessible on-line at section 7(b) of the Natural Gas Act and http://www.ferc.gov, using the part 157 the Commission’s Rules and ‘‘eLibrary’’ link and is available for Regulations for authorization to review in the Commission’s Public abandon transportation and exchange Reference Room in Washington, DC.
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There is an ‘‘eSubscription’’ link on the 888 First Street, NE., Washington, DC The Commission encourages Web site that enables subscribers to 20426. electronic submission of protests in lieu receive e-mail notification when a This filing is accessible on-line at of paper using the ‘‘eFiling’’ link at document is added to a subscribed http://www.ferc.gov, using the http://www.ferc.gov. Persons unable to docket(s). For assistance with any FERC ‘‘eLibrary’’ link and is available for file electronically should submit an Online service, please e-mail review in the Commission’s Public original and 14 copies of the protest to [email protected], or call Reference Room in Washington, DC. the Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call There is an ‘‘eSubscription’’ link on the Commission, 888 First Street, NE., (202) 502–8659. Web site that enables subscribers to Washington, DC 20426. Comment Date: 5 p.m., Eastern time receive e-mail notification when a This filing is accessible on-line at on January 3, 2006. document is added to a subscribed http://www.ferc.gov, using the docket(s). For assistance with any FERC ‘‘eLibrary’’ link and is available for Magalie R. Salas, Online service, please e-mail http:// review in the Commission’s Public Secretary. www.FERCOnlineSupport @ferc.gov, or Reference Room in Washington, DC. [FR Doc. E5–7744 Filed 12–22–05; 8:45 am] call (866) 208–3676 (toll free). For TTY, There is an ‘‘eSubscription’’ link on the BILLING CODE 6717–01–P call (202) 502–8659. Web site that enables subscribers to receive e-mail notification when a Magalie R. Salas, document is added to a subscribed DEPARTMENT OF ENERGY Secretary. docket(s). For assistance with any FERC [FR Doc. E5–7755 Filed 12–22–05; 8:45 am] Online service, please e-mail Federal Energy Regulatory BILLING CODE 6717–01–P Commission [email protected], or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. [Docket No. RP06–143–000] DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time December 19, 2005. Texas Gas Transmission, LLC; Notice Federal Energy Regulatory of Proposed Changes in FERC Gas Commission Magalie R. Salas, Tariff [Docket No. CP05–407–002] Secretary. [FR Doc. E5–7756 Filed 12–22–05; 8:45 am] December 15, 2005. Texas Gas Transmission, LLC; Notice BILLING CODE 6717–01–P Take notice that on December 9, 2005, of Errata Filing Texas Gas Transmission, LLC, (Texas Gas) tendered for filing as part of its December 15, 2005. DEPARTMENT OF ENERGY FERC Gas Tariff, Second Revised Take notice that on December 6, 2005, Volume No. 1, Second Revised Sheet Texas Gas Transmission, LLC (Texas Federal Energy Regulatory No. 226, to become effective January 1, Gas), submitted an errata to correct the Commission 2006. effective date on revised tariff sheets [Docket No. CP03–33–002] Any person desiring to intervene or to originally filed in a compliance filing on protest this filing must file in November 30, 2005, pursuant to ‘‘Order Wyckoff Gas Storage Company LLC; accordance with Rules 211 and 214 of Granting Abandonment and Issuing Notice of Application the Commission’s Rules of Practice and Certificate’’ issued November 21, 2005, Procedure (18 CFR 385.211 and in Docket No. CP05–407–000, et al. December 13, 2005. 385.214). Protests will be considered by Texas Gas states that the purpose of On November 22, 2005, Wyckoff Gas the Commission in determining the this filing is to submit substitute tariff Storage Company, LLC, (Wyckoff), Two appropriate action to be taken, but will sheets with a corrected effective date, Warren Place, 6120 Yale Avenue, Suite not serve to make protestants parties to and that the requested effective date of 700, Tulsa, OK 74136–4216, pursuant to the proceeding. Any person wishing to December 1, 2005 was correctly stated section 7(c) of the Natural Gas Act become a party must file a notice of in the transmittal letter of the November (NGA) and Parts 157 of the intervention or motion to intervene, as 30, 2005 filing, and in the Commission’s regulations, filed an appropriate. Such notices, motions, or corresponding negotiated rate filing abbreviated application to amend its protests must be filed in accordance submitted on the same day. Texas Gas certificates of public convenience and with the provisions of Section 154.210 further states that copies of the filing necessity issued on October 6, 2003 (105 of the Commission’s regulations (18 CFR were served on parties on the official FERC ¶ 61,027) to: 154.210). Anyone filing an intervention service list in the above-captioned (1) Authorize the relocation of certain or protest must serve a copy of that proceeding. of the approved facilities at its document on the Applicant. Anyone Any person desiring to protest this certificated storage field, located in filing an intervention or protest on or filing must file in accordance with Rule Steuben County, NY, (2) downsize before the intervention or protest date 211 of the Commission’s Rules of certain of the approved facilities, (3) need not serve motions to intervene or Practice and Procedure (18 CFR permit phasing of the construction of protests on persons other than the 385.211). Protests to this filing will be certain of the approved facilities; and (4) Applicant. considered by the Commission in confirm the previously approved The Commission encourages determining the appropriate action to be maximum reservoir pressure for the electronic submission of protests and taken, but will not serve to make field, all as more fully set forth in the interventions in lieu of paper using the protestants parties to the proceeding. application. Wyckoff also notified the ‘‘eFiling’’ link at http://www.ferc.gov. Such protests must be filed on or before Commission of its intention to continue Persons unable to file electronically the date as indicated below. Anyone in operation certain existing pipeline should submit an original and 14 copies filing a protest must serve a copy of that facilities at the field which were of the protest or intervention to the document on all the parties to the previously intended to be taken out of Federal Energy Regulatory Commission, proceeding. service. This filing is available for
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review at the Commission in the Public copies of the environmental documents, protests must be filed in accordance Reference Room or may be viewed on and will be notified of meetings with the provisions of Section 154.210 the Commission’s Web site at http:// associated with the Commission’s of the Commission’s regulations (18 CFR www.ferc.gov using the ‘‘e-Library’’ link. environmental review process. 154.210). Anyone filing an intervention Enter the docket number excluding the Environmental commenters will not be or protest must serve a copy of that last three digits in the docket number required to serve copies of filed document on the Applicant. Anyone field to access the document. For documents on all other parties. filing an intervention or protest on or assistance, contact FERC at However, the non-party commenters before the intervention or protest date [email protected] or call will not receive copies of all documents need not serve motions to intervene or toll-free, (866) 208–3676, or for TTY, filed by other parties or issued by the protests on persons other than the (202) 502–8659. Commission (except for the mailing of Applicant. Any questions regarding this environmental documents issued by the The Commission encourages application should be directed to T.W. Commission) and will not have the right electronic submission of protests and Cook, Wyckoff Gas Storage Company, to seek court review of the interventions in lieu of paper using the LLC, Two Warren Place, 6120 Yale Commission’s final order. ‘‘eFiling’’ link at http://www.ferc.gov. Avenue, Suite 700, Tulsa, OK 74136, Protests and interventions may be Persons unable to file electronically (918) 524–8503. filed electronically via the Internet in should submit an original and 14 copies There are two ways to become lieu of paper; see, 18 CFR of the protest or intervention to the involved in the Commission’s review of 385.2001(a)(1)(iii) and the instructions Federal Energy Regulatory Commission, this project. First, any person wishing to on the Commission’s Web site under the 888 First Street, NE., Washington, DC obtain legal status by becoming a party ‘‘e-Filing’’ link. The Commission 20426. to the proceedings for this project strongly encourages electronic filings. This filing is accessible on-line at should, on or before the comment date Comment Date: January 3, 2006. http://www.ferc.gov, using the stated below file with the Federal ‘‘eLibrary’’ link and is available for Energy Regulatory Commission, 888 Magalie R. Salas, Secretary. review in the Commission’s Public First Street, NE., Washington, DC 20426, Reference Room in Washington, DC. [FR Doc. E5–7740 Filed 12–22–05; 8:45 am] a motion to intervene in accordance There is an ‘‘eSubscription’’ link on the with the requirements of the BILLING CODE 6717–01–P Web site that enables subscribers to Commission’s Rules of Practice and receive e-mail notification when a Procedure (18 CFR 385.214 or 385.211) document is added to a subscribed and the Regulations under the NGA (18 DEPARTMENT OF ENERGY docket(s). For assistance with any FERC CFR 157.10). A person obtaining party Online service, please e-mail status will be placed on the service list Federal Energy Regulatory [email protected], or call maintained by the Secretary of the Commission (866) 208–3676 (toll free). For TTY, call Commission and will receive copies of [Docket No. RP06–142–000] (202) 502–8659. all documents filed by the applicant and by all other parties. A party must submit Wyoming Interstate Company, Ltd.; Magalie R. Salas, 14 copies of filings made in the Notice of Proposed Changes in FERC Secretary. proceeding with the Commission and Gas Tariff [FR Doc. E5–7747 Filed 12–22–05; 8:45 am] must mail a copy to the applicant and BILLING CODE 6717–01–P to every other party. Only parties to the December 13, 2005. proceeding can ask for court review of Take notice that on December 8, 2005, Wyoming Interstate Company (WIC) Commission orders in the proceeding. DEPARTMENT OF ENERGY However, a person does not have to tendered for filing as part of its FERC intervene in order to have comments Gas Tariff, Second Revised Volume No. Federal Energy Regulatory considered. The second way to 2, the following tariff sheets to become Commission participate is by filing with the effective January 9, 2006. Secretary of the Commission, as soon as Sixth Revised Sheet No. 42 Combined Notice of Filings #1 possible, an original and two copies of Fourth Revised Sheet No. 45 comments in support of or in opposition Third Revised Sheet No. 82B December 13, 2005. to this project. The Commission will Sixth Revised Sheet No. 89 Take notice that the Commission consider these comments in First Revised Sheet No. 96 received the following electric rate determining the appropriate action to be First Revised Sheet No. 101 filings. taken, but the filing of a comment alone WIC states that these tariff sheets are Docket Numbers: ER00–2392–003; will not serve to make the filer a party filed to indicate WIC Holdings Inc., as EL05–111–000. to the proceeding. The Commission’s its general partner. Applicants: Fresno Cogeneration rules require that persons filing Any person desiring to intervene or to Partners, L.P. comments in opposition to the project protest this filing must file in Description: Fresno Cogeneration provide copies of their protests only to accordance with Rules 211 and 214 of Partners, LP submits First Revised Sheet the party or parties directly involved in the Commission’s Rules of Practice and 2, correcting the language contained in the protest. Procedure (18 CFR 385.211 and section 2(b) of its Market Behavior Rules Persons who wish to comment only 385.214). Protests will be considered by in compliance with FERC’s May 31, on the environmental review of this the Commission in determining the 2005 Order. project should submit an original and appropriate action to be taken, but will Filed Date: December 5, 2005. two copies of their comments to the not serve to make protestants parties to Accession Number: 20051212–0010. Secretary of the Commission. the proceeding. Any person wishing to Comment Date: 5 p.m. Eastern Time Environmental commenters will be become a party must file a notice of on Tuesday, December 27, 2005. placed on the Commission’s intervention or motion to intervene, as Docket Numbers: ER00–774–003. environmental mailing list, will receive appropriate. Such notices, motions, or Applicants: Nordic Marketing LLC.
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Description: Nordic Marketing LLC Docket Numbers: ER05–1502–000. Filed Date: December 5, 2005. submits a compliance filing amending Applicants: California Independent Accession Number: 20051207–0072. the market based rate schedule to System Operator Corporation. Comment Date: 5 p.m. Eastern Time incorporate FERC’s final market Description: Notice of CA Department on Tuesday, December 27, 2005. behavior rules. of Water Resources State Water Project Docket Numbers: ER06–290–000. Filed Date: December 5, 2005. of Delayed Implementation of Certain Applicants: Wisconsin Electric Power Accession Number: 20051212–0014. Amendment 72 Reporting to the CAISO Co. Comment Date: 5 p.m. Eastern Time tariff. Description: Wisconsin Electric Power on Tuesday, December 27, 2005. Filed Date: December 2, 2005. Co submits its revised Exhibits Nos. 1 Docket Numbers: ER00–795–002. Accession Number: 20051202–5040. and 2 to the Control Area Operations Comment Date: 5 p.m. Eastern Time Applicants: Nordic Electric, LLC. Coordination Agreement with on Friday, December 23, 2005. Description: Nordic Electric, LLC Wisconsin Power & Light Co. submits a compliance filing amending Docket Numbers: ER06–205–001. Filed Date: December 5, 2005. the market based rate schedule to Applicants: Alcoa Power Generating, Accession Number: 20051207–0073. incorporate FERC’s final market Inc. Comment Date: 5 p.m. Eastern Time Description: Alcoa Power Generating behavior rules. on Tuesday, December 27, 2005. Inc amends its November 14, 2005 filing Filed Date: December 5, 2005. Docket Numbers: ER95–72–022; Accession Number: 20051212–0013. to submit substitute sheets to the open access transmission tariff of its Long EL05–111–000. Comment Date: 5 p.m. Eastern Time Applicants: Power Exchange on Tuesday, December 27, 2005. Sault Division and provide additional information requested by FERC Staff. Corporation. Docket Numbers: ER01–2221–002 Description: Power Exchange Corp -003; EL05–111–002. Filed Date: December 2, 2005. Accession Number: 20051212–0001. submits First Revised Sheet 2, Applicants: Energy Transfer— Comment Date: 5 p.m. Eastern Time correcting the language contained in Hanover Ventures, LP. on Friday, December 23, 2005. section 2(b) of its Market Behavior Rules Description: Request for rehearing of in compliance with FERC’s May 31, FERC’s November 3, 2005 Order of Docket Numbers: ER06–275–000. Applicants: Northeast Utilities 2005 Order. Energy Transfer and a December 6, 2001 Service Company. Filed Date: December 5, 2005. notice of cancellation of rate schedule. Description: Northeast Utilities Accession Number: 20051212–0008. Filed Date: December 5, 2005. Service Co’s letter of transmittal of Comment Date: 5 p.m. Eastern Time Accession Number: 20051208–0064. on Tuesday, December 27, 2005. Comment Date: 5 p.m. Eastern Time transmission tariff revisions (Exhibits on Tuesday, December 27, 2005. NU–1 and NU–2), Direct testimony of Docket Numbers: ER97–870–014. David H Boguslawski (Exh Nu–3) & Applicants: Sunoco Power Marketing, Docket Numbers: ER01–2224–002. direct testimony of John J Flynn (Exh LLC. Applicants: Nordic Energy Barge No.1 NU–4) etc. Description: Sunoco Power and Barge No. 2, L.L.C. Filed Date: December 1, 2005. Marketing, LLC submits a revised Description: Nordic Energy Barge #1 Accession Number: 20051205–0125. version of its market-based rate and Barge #2 LLC submits a compliance Comment Date: 5 p.m. Eastern Time wholesale power sales tariff. filing amending the market based rate on Thursday, December 22, 2005. Filed Date: December 5, 2005. scheduled to its FERC’s final market Docket Numbers: ER06–287–000. Accession Number: 20051212–0011. behavior rules. Applicants: New Hampshire Electric Comment Date: 5 p.m. Eastern Time Filed Date: December 5, 2005. Cooperative, Inc. on Tuesday, December 27, 2005. Accession Number: 20051212–0002. Description: New Hampshire Electric Comment Date: 5 p.m. Eastern Time Any person desiring to intervene or to Cooperative Inc advises FERC that due protest in any of the above proceedings on Tuesday, December 27, 2005. to amendments of section 201(f) of the must file in accordance with Rules 211 Docket Numbers: ER02–2550–002. Federal Power Act, it is not longer a and 214 of the Commission’s Rules of Applicants: Tenaska-Oxy Power public utility. Practice and Procedure (18 CFR 385.211 Services, L.P. Filed Date: December 5, 2005. Description: Tenaska-Oxy Power Accession Number: 20051207–0070. and 385.214) on or before 5 p.m. Eastern Services LP submits its Triennial Comment Date: 5 p.m. Eastern Time time on the specified comment date. It Updated Market Analysis and its on Tuesday, December 27, 2005. is not necessary to separately intervene revised Rate Schedule FERC No. 1, Docket Numbers: ER06–288–000. again in a subdocket related to a Original Volume No.1. Applicants: Northeast Utilities compliance filing if you have previously Filed Date: November 8, 2005. Service Company. intervened in the same docket. Protests Accession Number: 20051110–0124. Description: Northeast Utilities will be considered by the Commission Comment Date: 5 p.m. Eastern Time Service Co, on behalf the Connecticut in determining the appropriate action to on Wednesday, December 21, 2005. Light and Power Co et al submits a be taken, but will not serve to make Docket Numbers: ER05–447–006. revised sheet to Schedule 21–NU to protestants parties to the proceeding. Applicants: Midwest ISO Section II of the ISO New England Tariff Anyone filing a motion to intervene or Transmission Operators, Inc. for Transmission, Markets and Services. protest must serve a copy of that Description: Midwest ISO Filed Date: December 5, 2005. document on the Applicant. In reference Transmission Owners Inc submits Accession Number: 20051207–0071. to filings initiating a new proceeding, revisions to Schedule 23 to the Comment Date: 5 p.m. Eastern Time interventions or protests submitted on Transmission and Energy Markets Tariff on Tuesday, December 27, 2005. or before the comment deadline need of the Midwest Independent Docket Numbers: ER06–289–000; not be served on persons other than the Transmission System Operator Inc. ER04–1166–000. Applicant. Filed Date: December 2, 2005. Applicants: Twelvepole Creek, LLC. The Commission encourages Accession Number: 20051207–0064. Description: Twelvepole Creek LLC electronic submission of protests and Comment Date: 5 p.m. Eastern Time submits a notice cancelling its Rate interventions in lieu of paper, using the on Friday, December 23, 2005. Schedule No. 2. FERC Online links at http://
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www.ferc.gov. To facilitate electronic approximately 30.48 miles of 20-inch- you can file comments you will need to service, persons with Internet access diameter pipeline and related create a free account which can be who will eFile a document and/or be appurtenant facilities in Tazewell and created by clicking on ‘‘Sign-up.’’ listed as a contact for an intervenor Smyth counties, Virginia. The purpose Comments will be considered by the of the project is to connect the CNX Gas must create and validate an Commission but will not serve to make eRegistration account using the Company LLC’s existing Cardinal States the commenter a party to the eRegistration link. Select the eFiling Gathering System in Tazewell County, proceeding. Any person seeking to link to log on and submit the Virginia to the East Tennessee interstate intervention or protests. pipeline system in Smyth County, become a party to the proceeding must Persons unable to file electronically Virginia. The proposed pipeline would file a motion to intervene pursuant to should submit an original and 14 copies have the capacity to carry 235,000 Rule 214 of the Commission’s Rules of of the intervention or protest to the dekatherms of natural gas per day. East Practice and Procedures (18 CFR Federal Energy Regulatory Commission, Tennessee states that the project would 385.214).1 Only intervenors have the 888 First St., NE., Washington, DC also provide an alternate supply source right to seek rehearing of the 20426. to southeastern natural gas consumers, Commission’s decision. The filings in the above proceedings provide East Tennessee’s existing Affected landowners and parties with are accessible in the Commission’s pipeline system customers in Virginia, environmental concerns may be granted eLibrary system by clicking on the Tennessee, North Carolina and Georgia intervenor status upon showing good appropriate link in the above list. They enhanced access to new natural gas cause by stating that they have a clear are also available for review in the supplies from the Appalachian basin, and direct interest in this proceeding and build upon southwest Virginia’s Commission’s Public Reference Room in which would not be adequately existing energy infrastructure. The new Washington, DC. There is an represented by any other parties. You do eSubscription link on the Web site that lateral would provide some areas, such not need intervenor status to have your enables subscribers to receive e-mail as Richlands, Cedar Bluff, and Claypool comments considered. notification when a document is added Hill, Virginia, with access to natural gas to a subscribed dockets(s). For for the first time. Additional information about the assistance with any FERC Online The EA has been placed in the public project is available from the service, please e-mail files of the FERC. A limited number of Commission’s Office of External Affairs, [email protected]. or call copies of the EA are available for at 1–866–208–FERC or on the FERC (866) 208–3676 (toll free). For TTY, call distribution and public inspection at: Internet Web site (http://www.ferc.gov) (202) 502–8659. Federal Energy Regulatory Commission, using the eLibrary link. Click on the Public Reference Room, 888 First Street, Magalie R. Salas, eLibrary link, click on ‘‘General Search’’ NE., Room 2A, Washington, DC 20426. and enter the docket number excluding Secretary. (202) 502–8371. the last three digits in the Docket [FR Doc. E5–7738 Filed 12–22–05; 8:45 am] Copies of the EA have been mailed to Number field. Be sure you have selected BILLING CODE 6717–01–P Federal; state; and local agencies; public an appropriate date range. For interest groups; individuals who have assistance, please contact FERC Online requested the EA; libraries; newspapers; DEPARTMENT OF ENERGY and parties to this proceeding. Support at [email protected] Any person wishing to comment on or toll free at 1–866–208–3676, or for Federal Energy Regulatory the EA may do so. To ensure TTY, contact (202)502–8659. The Commission consideration prior to a Commission eLibrary link also provides access to the [Docket No. CP05–413–000] decision on the proposal, it is important texts of formal documents issued by the that we receive your comments before Commission, such as orders, notices, East Tennessee Natural Gas, L.L.C.; the date specified below. Please and rulemakings. Notice of Availability of the carefully follow these instructions to In addition, the Commission now Environmental Assessment for the ensure that your comments are received offers a free service called eSubscription Proposed Jewell Ridge Lateral Project in time and properly recorded: which allows you to keep track of all • Send an original and two copies of December 13, 2005. formal issuances and submittals in your comments to: Secretary, Federal specific dockets. This can reduce the The staff of the Federal Energy Energy Regulatory Commission, 888 amount of time you spend researching Regulatory Commission (FERC or First St., NE., Room 1A, Washington, DC proceedings by automatically providing Commission) has prepared an 20426; environmental assessment (EA) on the • Label one copy of the comments for you with notification of these filings, natural gas pipeline facilities proposed the attention of the Gas Branch 3, document summaries and direct links to by East Tennessee Natural Gas, L.L.C. PJ11.3; the documents. Go to http:// (East Tennessee) in the above-referenced • Reference Docket No. CP05–413– www.ferc.gov/esubscribenow.htm. docket. 000; and Magalie R. Salas, The EA was prepared to satisfy the • Mail your comments so that they requirements of the National will be received in Washington, DC on Secretary. Environmental Policy Act. The staff or before January 16, 2006. [FR Doc. E5–7741 Filed 12–22–05; 8:45 am] concludes that approval of the proposed The Commission strongly encourages BILLING CODE 6717–01–P project, with appropriate mitigating electronic filing of any comments or measures, would not constitute a major interventions or protests to this Federal action significantly affecting the proceeding. See 18 CFR quality of the human environment. 385.2001(a)(1)(iii) and the instructions The EA assesses the potential on the Commission’s Web site at http:// 1 Interventions may also be filed electronically via environmental effects of the www.ferc.gov under the ‘‘e-Filing’’ link the Internet in lieu of paper. See the previous construction and operation of and the link to the User’s Guide. Before discussion on filing comments electronically.
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DEPARTMENT OF ENERGY copies of EPA comments can be directed Eastern Suburbs in Hamilton and to the Office of Federal Activities at Clermont Counties, OH Federal Energy Regulatory 202–564–7167. An explanation of the Summary: The FEIS addressed many Commission ratings assigned to draft environmental of EPA’s previously stated concerns. [Docket No. RP05–617–000] impact statements (EISs) was published However, EPA requests that FHWA in FR dated April 1, 2005 (70 FR 16815). provide supporting information for its discussion and conclusions regarding an Texas Gas Transmission, LLC; Notice Draft EISs of Technical Conference omitted alternative to widen an existing EIS No. 20050415, ERP No. D–FRA– bridge. December 15, 2005. D51028–PA, Pennsylvania High-Speed EIS No. 20050470, ERP No. F–NPS– Take a notice that the Commission Maglev Project, Construction between K65275–AZ, Colorado River will convene a technical conference on Pittsburgh International Airport (PIA) Management Plan, Analyzing Tuesday, January 10, 2006, at 10 a.m., and Greensburg Area, The Pennsylvania Alternatives for Management of in a room to be designated at the offices Project of Magnetic Levitation Recreational Use of the Colorado River, of the Federal Energy Regulatory Transportation Technology Deployment Grand Canyon National Park, Coconino Commission, 888 First Street, NE., Program, Allegheny and Westmoreland County, AZ Washington, DC 20426. Counties, PA Summary: EPA expressed concerns The technical conference will provide Summary: EPA has environmental that without appropriate mitigation a forum to discuss the revised tariff concerns about air quality, measures, impacts could result from sheet filed on August 31, 2005, by Texas environmental justice, and the disposal fuel storage and operations, and other Gas Transmission, LLC (Texas Gas). The of excavated waste material, and also facilities near the river, and tariff sheet and supporting workpapers requests that additional information recommended the National Park Service reflect Texas Gas’s annual filing to describing the quality of the habitat that commit to working closely with the adjust its Effective Fuel Retention is to be impacted should be provided in Hualapai Tribe to develop best Percentages pursuant to section 16 of the FEIS. management practices to prevent oil the General Terms and Conditions of its Rating EC2. spills and discharges of wastes in both FERC Gas Tariff. The Commission EIS No. 20050442, ERP No. D–NOA– Grand Canyon National Park and on the directed its staff to convene this D81036–WV, Canaan Valley Institute Hualapai Reservation. technical conference in an October 31, Office Complex, Proposes to Construct: EIS No. 20050444, ERP No. FS–FTA– 2005 order establishing a technical Offices, Classrooms, Laboratories, 250- D40289–VA, Norfolk Light Rail Transit conference.1 Seat Auditorium, Parking Facilities, System, from the western terminus near FERC conferences are accessible Outdoor Classrooms and Interpretive Eastern Virginia Medical Center through under section 508 of the Rehabilitation Areas, US Army COE Section 404 Downtown Norfolk to an eastern Act of 1973. For accessibility Permit, Southeast of the Towns of Davis terminus at Newtown Road and accommodations please send an e-mail and Thomas, Tucker County, WV Kempsville Road, Funding, US COE to [email protected] or call toll free Summary: EPA does not object to the Section 404 Permit, USCGD Bridge (866) 208–3372 (voice) or 202–208– proposed action. Permit, City of Norfolk, VA 01659 (TTY), or send a fax to 202–208– Rating LO. Summary: EPA does not object to the 2106 with the required EIS No. 20050427, ERP No. DB—FTA– proposed project. accommodations. L40210–WA, Central Link Light Rail Dated: December 20, 2005. All interested persons are permitted Transit Project (Sound Transit) Robert W. Hargrove, to attend. For further information please Construction and Operation of the North contact Michael Krauthamer at (202) Director, NEPA Compliance Division, Office Link Light Rail Extension, from of Federal Activities. 502–6159 or e-mail Downtown Seattle and Northgate, [email protected]. [FR Doc. E5–7772 Filed 12–22–05; 8:45 am] Updated Information on Refined Design BILLING CODE 6560–50–P Magalie R. Salas, Concepts, Funding, Right-of-Way and Secretary. US Army COE Section 404 Permits, [FR Doc. E5–7754 Filed 12–22–05; 8:45 am] King County, WA ENVIRONMENTAL PROTECTION BILLING CODE 6717–01–P Summary: EPA does not object to the AGENCY proposed project. [ER–FRL–6670–5] Rating LO. ENVIRONMENTAL PROTECTION Final EISs Environmental Impacts Statements; AGENCY Notice of Availability EIS No. 20050369, ERP No. F–FHW– [ER–FRL–6670–6] D40298–MD, MD–32, Planning Study, Responsible Agency: Office of Federal Transportation Improvements from MD– Activities, General Information (202) Environmental Impact Statements and 108 to Interstate 70, Funding, Howard 564–7167 or http://www.epa.gov/ Regulations; Availability of EPA County, MD compliance/nepa/. Comments Summary: EPA continues to have Weekly receipt of Environmental Availability of EPA comments environmental concerns about aquatic Impact Statements. prepared pursuant to the Environmental and terrestrial impacts and the potential Filed 12/12/2005 Through 12/16/ Review Process (ERP), under section problems of induced traffic and 2005. 309 of the Clean Air Act and Section secondary development. Pursuant to 40 CFR 1506.9. 102(2)(c) of the National Environmental EIS No. 20050447, ERP No. F–FHW– EIS No. 20050523, Draft EIS, AFS, PA, Policy Act as amended. Requests for F40426–OH, Eastern Corridor Multi- West Branch of Tionesta Project, Road Modal (Tier 1) Project, to Implement a Construction and Vegetation 1 Texas Gas Transmission, LLC., 113 FERC Multi-Modal Transportation Program Management, State Game Lands No. ¶ 61,104 (2005). between the City of Cincinnati and 29 and Chapman Dam State Park,
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Sheffield, Warren County, PA, Ana River Basin, Riverside and San ENVIRONMENTAL PROTECTION Comment Period Ends: 02/06/2006, Bernardino Counties, CA, Comment AGENCY Contact: O’Dell Tucker 814–362– Period Ends: 02/06/2006, Contact: Dr. [FRL–8014–2] 4613–Ext 125. Nedenia C. Kennedy 213–452–3856. EIS No. 20050524, Final EIS, BLM, CA, EIS No. 20050532, Draft EIS, FRC, LA, State Innovation Grant Program, Desert Southwest Transmission Line Creole Trail Liquefied National Gas Notice of Availability of Solicitation for Project, New Substation/Switching Proposals for 2006 Awards Station Construction, Operation and (LNG) Terminal and Pipeline Project, Construction and Operation, Maintenance, Issuance of Right-of- AGENCY: Environmental Protection Way Grant and U.S. Army COE Cameron, Calcasieu, Beauregard, Agency (EPA). Allen, Jefferson, Davis and Acadia Section 10 and 404 Permits, North ACTION: Notice. Palm Springs and Blythe, CA, Wait Parishes, LA, Comment Period Ends: Period Ends: 01/23/2006, Contact: 02/21/2006, Contact: Thomas Russo SUMMARY: The U.S. Environmental Diane Gomez 760–251–4852. 1–866–208–3372. Protection Agency, National Center for EIS No. 20050525, Final EIS, NPS, CA, EIS No. 20050533, Draft EIS, AFS, WV, Environmental Innovation (NCEI) is Golden Gate National Recreation Area Allegheny Wood Product Easement, giving notice of the availability of its (GGNRA) Fire Management Plan, Proposes to Convey an Easement of solicitation for proposals for the 2006 Implementation, Muir Woods Right-of-Way along the Railroad grant program to support innovation by National Monument, Fort Point Grade located in the Blackwater state environmental regulatory National Historic Site, San Mateo, San Canyon Area, Monongahela National agencies—the ‘‘State Innovation Grant Francisco and Marin Counties, CA, Forest, Tucker County, WV, Comment Program.’’ Wait Period Ends: 01/23/2006, Period Ends: 02/06/2006, Contact: Bill The solicitation is available at the Contact: Alex Naar 415–331–6374. Shields 304–636–1800 Ext 287. Agency’s State Innovation Grant Web EIS No. 20050526, Final EIS, NPS, CA, site: http://www.epa.gov/innovation/ Santa Monica Mountains National EIS No. 20050534, Draft EIS, AFS, WA, stategrants/solicitation2006.pdf, or may Recreation Area, Fire Management The Summit at Snoqualmie Master be requested from the Agency by e-mail, Plan, Implementation, Santa Monica Development Plan (MPD), Proposal to telephone, or by mail. Only the Mountains, CA, Wait Period Ends: 01/ Ensure Long-Term Economic principal environmental regulatory 23/2006, Contact: Marty O’Toole 415– Viability, Mt. Baker-Snoqualmie/ agency within each State (generally, 331–6374. Okanogan-Wenatchee National where delegated authorities for Federal EIS No. 20050527, Final EIS, AFS, OR, Forests, King County, WA, Comment environmental regulations exist) is Big Butte Springs Timber Sales, To Period Ends: 02/06/2006, Contact: eligible to receive these grants. Implementation Management Larry Donovan 415–744–3403. DATES: State environmental regulatory Direction, Roque River-Siskiyou EIS No. 20050535, Draft EIS, BIA, AK, agencies will have until January 20, National Forest, Butte Falls Ranger Cordova Oil Spill Response Facility, 2006 to respond with a pre-proposal, District, Cascade Zone, Jackson Construct an Oil Spill Response budget, and project summary. The County, OR, Wait Period Ends: 01/23/ Facility at Shepard Point, NPDES environmental regulatory agencies from 2006, Contact: Joe T. King 541–560– Permit and U.S. Army COE Section 10 the fifty (50) States; Washington, DC, 3400. and 404 Permits, Cordova, AK, and four (4) territories were notified of EIS No. 20050528, Draft EIS, AFS, IN, Comment Period Ends: 02/10/2006, the solicitation’s availability by fax and Tell City Windthrow 2004 Project, Contact: Kristin K’eit 907–586–7423. e-mail transmittals on December 12, Salvage Harvest and Prescribed 2005. Burning of Windthrow Timber, EIS No. 20050536, Final EIS, FAA, 00, Implementation, Hoosier National Horizontal Launch and Reentry of ADDRESSES: Copies of the Solicitation Forest, Perry, Crawford and Dubois Reentry Vehicles, Facilitate the can be downloaded from the Agency’s Counties, IN, Comment Period Ends: Issuance of Licenses in United States, Web site at: http://www.epa.gov/ 02/06/2006, Contact: Ron Ellis 812– Wait Period Ends: 01/23/2006, innovation/stategrants or may be 275–5987. Contact: Stacey Zee 202–267–9305. requested by telephone (202–566–2186), EIS No. 20050529, Final EIS, FHW, CA, or by e-mail 1st Street Viaduct and Street Amended Notices ([email protected]). Widening Project, To Replace Two EIS No. 20050460, Draft Supplement, You can request a solicitation Traffic Lanes on the 1st Street Viaduct USN, 00, Surveillance Towed Array application package be sent to you by between Vignes Street and Mission Sensor System Low Frequency Active fax or by mail by contacting NCEI as indicated below. Road, Funding, in the City and (SURTASS LFA) Sonar Systems, Applicants may apply by sending a County of Los Angeles, CA, Wait Updated and Additional Information, hardcopy submission of their pre- Period Ends: 01/23/2006, Contact: Implementation, Comment Period proposal to EPA or by applying Steve Healow 916–498–5849. Ends: 02/10/2006, Contact: J.S. electronically either through EIS No. 20050530, Draft EIS, FHW, ID, Johnson 703–465–8404. ID–75 Timmerman to Ketchum—US– www.grants.gov as explained in Section 20 to Saddle Road, Increase Roadway Revision of Notice Published in FR 4.4 of the solicitation, or directly by e- and Transportation Safety, Cities of 11/10/2005: Extending Comment Period mail to: Bellevue, Hailey, Ketchum and the from 12/27/2005 to 02/10/2006. [email protected]. Applicants must submit the information City of Sun Valley, Blaine County, ID, Dated: December 20, 2005. Comment Period Ends: 02/24/2006, required below with their application Contact: Ed Johnson 208–334–9180. Robert W. Hargrove, package. Applicants may download EIS No. 20050531, Draft EIS, COE, CA, Director, NEPA Compliance Division, Office individual grant application forms, or Prado Flood Control Basin Master of Federal Activities. electronically request a paper Plan Project, Construct, Maintain and [FR Doc. E5–7771 Filed 12–22–05; 8:45 am] application package and an Operate Recreation Facilities, Santa BILLING CODE 6560–50–P accompanying computer CD of
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information related to applicants/grant this theme, EPA is interested in pre- announcing the availability of its recipients roles and responsibilities proposals that: Environmental Economics Research from EPA’s Grants and Debarment Web (a) Apply the Environmental Results Strategy, EPA/600/R–04/195. The site at (http://www.gov/ogd/grants/ Program model, an alternative to Environmental Economics Research how_to_apply.htm). Proposals permitting scheme for small business Strategy identifies and prioritizes submitted in response to this sectors; environmental economics and decision solicitation, or questions concerning the (b) Explore the relationship between science research that will be conducted solicitation should be sent to: State Environmental Management Systems over the next several years to improve Innovation Grants Program, National and permitting; or the scientific foundation for EPA’s Center for Environmental Innovation, (c) Seek to build State support for decision-making and policy initiatives. Office of the Administrator, U.S. EPA’s National Environmental ADDRESSES: A limited number of copies Environmental Protection Agency (MC Performance Track Program or similar of the Environmental Economics 1807T), 1200 Pennsylvania Ave., NW., State performance-based environmental Research Strategy will be available from Washington, DC 20460. (202) 566–2186. leadership programs. the National Service Center for EPA interprets ‘‘innovation in (202) 566–2220 FAX. Environmental Publications. Request a permitting’’ broadly to include [email protected]. copy by telephoning 1–800–490–9198 or permitting programs, pesticide licensing For courier delivery only: Sherri 513–489–8190 and providing the title programs, and other alternatives or Walker, State Innovation Grants and the EPA number for the document, supplements to permitting programs. Program, U.S. EPA , EPA West Building, EPA/600/R–04/195. Internet users may EPA is interested in creative approaches Room 4214D, 1301 Constitution Ave., download a copy from the EPA’s Office that both (1) achieve mandatory Federal NW., Washington, DC 20005. of Research and Development home and State standards and (2) encourage Proposal responses or questions may page at http://www.epa.gov/ord/htm/ performance and address environmental also be sent by fax to (202–566–2220), issues above and beyond minimum documents/econresearch.pdf. The addressed to the ‘‘State Innovation requirements. strategy is also available on EPA’s Grant Program,’’or by e-mail to: National Center for Environmental _ _ This solicitation begins the fourth Innovation State [email protected]. We State Innovation Grant competition. Of Economics home page at http:// encourage e-mail responses. If you have the 22 projects that have been awarded yosemite.epa.gov/ee/epa/eed.nsf/ questions about responding to this in the prior rounds (including those webpages/homepage. notice, please contact EPA at this e-mail with pending awards) eleven (11) are for FOR FURTHER INFORMATION CONTACT: Dr. address or fax number, or you may call development of Environmental Results William Wheeler, National Center for Sherri Walker at 202–566–2186. EPA Programs, seven (7) relate to Environmental Research (8722F), U.S. will acknowledge all responses it Environmental Management Systems Environmental Protection Agency, 1200 receives to this notice. and permitting, two (2) are to enhance Pennsylvania Avenue, NW., SUPPLEMENTARY INFORMATION: The U.S. Performance-Based Environmental Washington, DC 20460, telephone: 202– Environmental Protection Agency (EPA) Leadership programs, two (2) are for 343–9828; facsimile: 202–233–0678; E- is soliciting pre-proposals for an Watershed-based permitting, and one (1) mail: [email protected] or Dr. assistance agreement program (the is Information Technology for the Brian Heninger, National Center for ‘‘State Innovation Grant Program’’) in an application of Geographic Information Environmental Economics (1809T), U.S. effort to support innovation by State Systems (GIS) to a permitting process. Environmental Protection Agency, 1200 environmental regulatory agencies. In For information on the prior Pennsylvania Avenue, NW., April 2002, EPA issued its plan for solicitations and awards, please see Washington, DC 20460, telephone: 202– future innovation efforts, published as highlights of previous awards in 566–2270; facsimile: 202–566–2338; E- Innovating for Better Environmental Attachment 3 of the solicitation, or see mail: [email protected]. Result: A Strategy to Guide the Next the EPA State Innovation Grants Web SUPPLEMENTARY INFORMATION: The Generation of Innovation at EPA (EPA site at http://www.epa.gov/innovation/ Environmental Economics Research 100–R–02–002; http://www.epa.gov/ stategrants. Strategy was developed to guide future innovation/pdf/strategy.pdf). This Dated: December 8, 2005. environmental economics research at assistance agreement program the Agency. This research strategy Elizabeth Shaw, strengthens EPA’s partnership with the outlines EPA’s effort to provide the States by assisting State Innovation that Director, Office of Environmental Policy necessary behavioral science foundation Innovation. supports the Strategy. EPA would like to for making decisions and designing help States build on previous [FR Doc. E5–7775 Filed 12–22–05; 8:45 am] environmental policies at the least cost experience and undertake strategic BILLING CODE 6560–50–P to American businesses and consumers. innovation projects that promote larger- To be effective the Agency must scale models for ‘‘next generation’’ ENVIRONMENTAL PROTECTION understand how people and firms make environmental protection and promise AGENCY decisions about and affect the better environmental results. EPA is environment, and, in turn, how the interested in funding projects that: (1) [FRL–8013–8] environment affects Americans’ quality Go beyond a single facility experiment of life. The environmental economics to promote change that is ‘‘systems- Environmental Economics Research research described in this strategy will oriented;’’ (2) provide better results from Strategy become a cornerstone of the economic a program, process, or sector-wide AGENCY: Environmental Protection analyses that EPA needs to develop innovation; and (3) promote integrated Agency. environmental policy. (cross-media) environmental ACTION: Notice of availability of a final The Environmental Economics management with high potential for document. Research Strategy was developed by a transfer to other States. team from the National Center for ‘‘Innovation in permitting’’ is the SUMMARY: The U.S. Environmental Environmental Economics (NCEE) and theme for the 2006 solicitation. Under Protection Agency (EPA) is today the National Center for Environmental
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Research (NCER) working with EPA ENVIRONMENTAL PROTECTION www.regulations.gov Web site is an program offices, the Office of Research AGENCY ‘‘anonymous access’’ system, which and Development (ORD) laboratories means EPA will not know your identity [Docket No. EPA–R04–SFUND–2005–0501; and centers, and EPA regions. NCEE FRL–8014–4] or contact information unless you provides research support and economic provide it in the body of your comment. guidance to EPA programs, and NCER A&H Sales Superfund Site,Tampa, FL; If you send an e-mail comment directly manages an economics and decision Notice of Settlement to EPA without going through http:// sciences research grants program. The www.regulations.gov your e-mail AGENCY: Environmental Protection strategy identifies priorities and address will be automatically captured Agency. research gaps, evaluates research tools, and included as part of the comment sets strategic research objectives, and ACTION: Notice of Settlement. that is placed in the public docket and suggests responsibilities and sequences SUMMARY: Under section 122(h)(1) of the made available on the Internet. If you for conducting or sponsoring research. Comprehensive Environmental submit an electronic comment, EPA EPA programs, other Federal agencies, Response, Compensation and Liability recommends that you include your academics, states, local governments, Act (CERCLA), the United States name and other contact information in and others can consult the strategy to Environmental Protection Agency has the body of your comment and with any understand what EPA has planned and entered into a settlement for the disk or CD-ROM you submit. If EPA the results the Agency expects. reimbursement of past response costs cannot read your comment due to The Environmental Economics with Finishmaster, Inc., concerning the technical difficulties and cannot contact Research Strategy is in two volumes; the A&H Sales Superfund Site located in you for clarification, EPA may not be first volume is the strategy itself Tampa, Florida. able to consider your comment. outlined in four chapters, and the DATES: The Agency will consider public Electronic files should avoid the use of second volume contains seven comments on the settlement until special characters, any form of appendices. Chapter 1 explains the January 23, 2006. The Agency will encryption, and be free of any defects or background for developing the strategy. consider all comments received and viruses. For additional information Chapter 2 reports the main findings may modify or withdraw its consent to about EPA’s public docket visit the EPA from the needs assessment survey and the settlement if comments received Docket Center homepage at http:// workshop. Chapter 3 describes how EPA disclose facts or considerations which www.epa.gov/epahome/dockets.htm. evaluated the remaining gaps in the indicate that the settlement is Docket: All documents in the docket research literature in priority economic inappropriate, improper, or inadequate. are listed in the www.regulations.gov research areas and developed strategic ADDRESSES: Copies of the proposed index. Although listed in the index, research goals to implement. Chapter 4 settlement are available from Ms. Paula some information is not publicly describes the research tools or V. Batchelor. Submit your comments, available, e.g., CBI or other information approaches available to implement the identified by Docket ID No. EPA–RO4– whose disclosure is restricted by statute. strategy and how EPA plans to use these SFUND–2005–0501 or Site name A&H Certain other material, such as Sales by one of the following methods: tools to generate and communicate copyrighted material, will be publicly • http://www.regulations.gov: Follow needed research results. The appendices available only in hard copy. Publicly the on-line instructions for submitting provide more detail on the needs comments. available docket materials are available assessment process and results, discuss • E-mail: [email protected]. either electronically in the relationship of the strategy to other • Fax: 404/562–8842. www.regulations.gov or in hard copy at documents, compare the advantages of Mail: Ms. Paula V. Batchelor, U.S. the U.S. EPA Region 4 office located at different research tools available to EPA, EPA Region 4, WMD–SEIMB, 61 Forsyth 61 Forsyth Street, SW., Atlanta, Georgia and present the external peer review Street, SW., Atlanta, Georgia 30303. ‘‘In 30303. Regional office is open from 7 comments and responses. addition, please mail a copy of your a.m. until 6:30 p.m., Monday through This Environmental Economics comments on the information collection Friday, excluding legal holidays. Research Strategy was subjected to provisions to the Office of Information Written comments may be submitted external peer review by the and Regulatory Affairs, Office of to Ms. Batchelor within 30 calendar Environmental Economics Advisory Management and Budget (OMB), Attn: days of the date of this publication. Committee of EPA’s Science Advisory Desk Officer for EPA, 725 17th St. NW., FOR FURTHER INFORMATION CONTACT: Board. The final strategy reflects the Washington, DC 20503.’’ Instructions: Paula V. Batchelor at 404/562–8887. comments of both internal and external Direct your comments to Docket ID No. review. EPA–R04–SFUND–2005–0501. EPA’s Dated: December 14, 2005. policy is that all comments received Rosalind H. Brown, Dated: December 19, 2005. will be included in the public docket Chief, Superfund Enforcement & Information George Gray, without change and may be made Management Branch, Waste Management Assistant Administrator for Research and available online at http:// Division. Development. www.regulations.gov, including any [FR Doc. E5–7774 Filed 12–22–05; 8:45 am] [FR Doc. E5–7780 Filed 12–22–05; 8:45 am] personal information provided, unless BILLING CODE 6560–50–P BILLING CODE 6560–50–P the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The
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ENVIRONMENTAL PROTECTION provide it in the body of your comment. B. What Should I Consider as I Prepare AGENCY If you send an e-mail comment directly My Comments for EPA? to EPA without going through http:// [FRL–8014–7] 1. Submitting CBI. Do not submit this www.regulations.gov your e-mail information to EPA through http:// Proposed National Pollutant Discharge address will be automatically captured www.regulations.gov or e-mail. Clearly Elimination System (NPDES) General and included as part of the comment mark the part or all of the information Permit for Stormwater Discharges that is placed in the public docket and that you claim to be CBI. For CBI From Industrial Activities—Extension made available on the Internet. If you information in a disk or CD ROM that of Comment Period submit an electronic comment, EPA you mail to EPA, mark the outside of the recommends that you include your disk or CD ROM as CBI and then AGENCY: Environmental Protection name and other contact information in identify electronically within the disk or Agency (EPA). the body of your comment and with any CD ROM the specific information that is ACTION: Notice; extension of comment disk or CD–ROM you submit. If EPA claimed as CBI). In addition to one period. cannot read your comment due to complete version of the comment that technical difficulties and cannot contact includes information claimed as CBI, a SUMMARY: On December 1, 2005 (70 FR you for clarification, EPA may not be copy of the comment that does not 72116) EPA noticed the availability of able to consider your comment. contain the information claimed as CBI the proposed National Pollutant Electronic files should avoid the use of must be submitted for inclusion in the Discharge Elimination System (NPDES) special characters, any form of public docket. Information so marked General Permit for Stormwater encryption, and be free of any defects or will not be disclosed except in Discharges from Industrial Activities viruses. For additional information accordance with procedures set forth in and requested comments on the draft by about EPA’s public docket visit the EPA 40 CFR part 2. January 16, 2006. The purpose of this Docket Center homepage at http:// 2. Tips for Preparing Your Comments. notice is to extend this comment period www.epa.gov/epahome/dockets.htm. When submitting comments, remember to February 16, 2006. For additional instructions on to: DATES: Comments on the proposed submitting comments, go to Unit I.B of • Identify the rulemaking by docket general permit must be postmarked by the SUPPLEMENTARY INFORMATION section number and other identifying February 16, 2006. of the document. information (subject heading, Federal ADDRESSES: Submit your comments, Docket: All documents in the docket Register date and page number). identified by Docket ID No. OW–2005– are listed in the http:// • Follow directions—The agency may 0007 by one of the following methods: www.regulations.gov index. Although ask you to respond to specific questions • http://www.regulations.gov: Follow listed in the index, some information is or organize comments by referencing a the on-line instructions for submitting not publicly available, e.g., CBI or other Code of Federal Regulations (CFR) part comments. information whose disclosure is or section number. • E-mail: [email protected]. restricted by statute. Certain other • Explain why you agree or disagree; Mail: Water Docket, Environmental material, such as copyrighted material, suggest alternatives and substitute Protection Agency, Mailcode: 4101T, will be publicly available only in hard language for your requested changes. 1200 Pennsylvania Ave., NW., copy. Publicly available docket • Describe any assumptions and Washington, DC 20460. Please include a materials are available either provide any technical information and/ total of three copies. electronically in http:// or data that you used. Hand Delivery: EPA Docket Center, www.regulations.gov or in hard copy at • If you estimate potential costs or EPA West, Room B102, 1301 the Water Docket, EPA/DC, EPA West, burdens, explain how you arrived at Constitution Ave., NW., Washington, Room B102, 1301 Constitution Ave., your estimate in sufficient detail to DC 20004. Such deliveries are only NW., Washington, DC 20004. This allow for it to be reproduced. accepted during the Docket’s normal Docket Facility is open from 8 a.m. to • Provide specific examples to hours of operation, and special 4:30 p.m., Monday through Friday, illustrate your concerns, and suggest arrangements should be made for excluding legal holidays. The Docket alternatives. deliveries of boxed information. telephone number is (202) 566–2426. • Explain your views as clearly as Instructions: Direct your comments to The Public Reading Room is open from possible. Docket ID No. OW–2005–0007. EPA’s 8:30 a.m. to 4:30 p.m., Monday through • Make sure to submit your policy is that all comments received Friday, excluding legal holidays. The comments by the comment period will be included in the public docket telephone number for the Public deadline identified. without change and may be made Reading Room is (202) 566–1744. C. What Action Is Being Taken? available online at http:// FOR FURTHER INFORMATION CONTACT: www.regulations.gov, including any Jenny Molloy, Office of Wastewater The comment period for the proposed personal information provided, unless Management, Office of Water, EPA general permit for Stormwater the comment includes information Headquarters at tel.: 202–564–1939 or e- Discharges from Industrial Activities is claimed to be Confidential Business mail: [email protected]. being extended for 30 days until Information (CBI) or other information February 16, 2006, at the request of SUPPLEMENTARY INFORMATION: whose disclosure is restricted by statute. Waterkeeper Alliance, Natural Do not submit information that you I. General Information Resources Defense Council, Friends of consider to be CBI or otherwise Grays Harbor, Amigos Bravos: Friends A. Does This Action Apply to Me? protected through http:// of Wild Rivers, National Mining www.regulations.gov or e-mail. The If you have questions regarding the Association, Idaho Mining Association, http://www.regulations.gov Web site is applicability of this action to a Hecla Mining Company, The Colorado an ‘‘anonymous access’’ system, which particular entity, consult the person Mining Association, Idaho Association means EPA will not know your identity listed in the preceding FOR FURTHER of Commerce & Industry, and Arizona or contact information unless you INFORMATION CONTACT section. Mining Association. After the close of
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the public comment period, EPA will posted on the PCAST Web site at: Council members are distinguished issue a final permit decision. This http://www.ostp.gov/PCAST/pcast.html. individuals appointed by the President decision will not be made until after all Proposed Schedule and Agenda: The from non-Federal sectors. The PCAST is public comments have been considered President’s Council of Advisors on co-chaired by Dr. John H. Marburger, III, and appropriate changes made to the Science and Technology is scheduled to the Director of the Office of Science and permit. Responses to comments will be meet in open session on Tuesday, Technology Policy, and by E. Floyd included in the final permit decision. January 10, 2005, at approximately 9 Kvamme, a Partner at Kleiner Perkins Authority: Clean Water Act, 33 U.S.C. 1251 a.m. The PCAST is tentatively Caufield & Byers. scheduled to hear a presentation on the et seq. Celia Merzbacher, Federal Networking and Information Dated: December 20, 2005. Technology Research and Development PCAST Executive Director, Office of Science and Technology Policy. James Hanlon, (NITRD) program. By Executive Order, Director, Office of Wastewater Management. executed since its last meeting, PCAST [FR Doc. E5–7776 Filed 12–22–05; 8:45 am] [FR Doc. E5–7778 Filed 12–22–05; 8:45 am] is responsible for reviewing and BILLING CODE 3170–W4–P BILLING CODE 6560–50–P assessing the NITRD program and this presentation will provide background for those activities. The PCAST also is FEDERAL RESERVE SYSTEM EQUAL EMPLOYMENT OPPORTUNITY tentatively scheduled to hear Change in Bank Control Notices; COMMISSION presentations relating to its ongoing Acquisition of Shares of Bank or Bank study of energy technologies. An update Holding Companies Sunshine Act Meeting of other PCAST topics (e.g., nanotechnology) and a briefing on the The notificants listed below have FEDERAL REGISTER Citation of Previous U.S.-China S&T Forum are also applied under the Change in Bank Announcement: 70 FR 74319, Thursday, tentatively scheduled to occur. This Control Act (12 U.S.C. 1817(j)) and December 15, 2005. session will end at approximately 5 p.m. § 225.41 of the Board’s Regulation Y (12 PREVIOUSLY ANNOUNCED TIME AND DATE OF Additional information and the final CFR 225.41) to acquire a bank or bank MEETING: Wednesday, December 21, agenda will be posted at the PCAST holding company. The factors that are 2005, 9 a.m. (eastern time). Web site at: http://www.ostp.gov/ considered in acting on the notices are CHANGE IN THE MEETING: The meeting has PCAST/pcast.html. set forth in paragraph 7 of the Act (12 been cancelled. Public Comments: There will be time U.S.C. 1817(j)(7)). CONTACT PERSON FOR MORE INFORMATION: allocated for the public to speak on the The notices are available for Stephen Llewellyn, Acting Executive above agenda items. This public immediate inspection at the Federal Officer on (202) 633–4070. comment time is designed for Reserve Bank indicated. The notices substantive commentary on PCAST’s also will be available for inspection at This Notice issued December 20, 2005. work topics, not for business marketing the office of the Board of Governors. Stephen Llewellyn, purposes. Please submit a request for Interested persons may express their Acting Executive Officer, Executive the opportunity to make a public views in writing to the Reserve Bank Secretariat. comment five (5) days in advance of the indicated for that notice or to the offices [FR Doc. 05–24461 Filed 12–21–05; 11:56 meeting. The time for public comments of the Board of Governors. Comments am] will be limited to no more than 5 must be received not later than January BILLING CODE 6570–06–M minutes per person. Written comments 6, 2006. are also welcome at any time following A. Federal Reserve Bank of Atlanta the meeting. Please notify Celia (Andre Anderson, Vice President) 1000 EXECUTIVE OFFICE OF THE Merzbacher, PCAST Executive Director, Peachtree Street, NE., Atlanta, Georgia PRESIDENT at (202) 456–7116, or fax your request/ 30303: comments to (202) 456–6021. Office of Science and Technology 1. Thomas W. Wilder, III, Slocomb, FOR FURTHER INFORMATION CONTACT: For Alabama, and Thomas W. Wilder, IV, Policy information regarding time, place and Marianna, Florida; to retain voting agenda, please call Celia Merzbacher at Meeting of the President’s Council of shares of BJC Holdings, Inc., Graceville, (202) 456–7116, prior to 3 p.m. on Advisors on Science and Technology Florida, and thereby indirectly retain Friday, January 6, 2006. Information voting shares of Bank of Jackson County, will also be available at the PCAST Web ACTION: Notice of meeting. Graceville, Florida. site at: http://www.ostp.gov/PCAST/ SUMMARY: This notice sets forth the pcast.html. Please note that public Board of Governors of the Federal Reserve schedule and summary agenda for a seating for this meeting is limited and System, December 19, 2005. meeting of the President’s Council of is available on a first-come, first-served Robert deV. Frierson, Advisors on Science and Technology basis. Deputy Secretary of the Board. (PCAST), and describes the functions of SUPPLEMENTARY INFORMATION: The [FR Doc. E5–7729 Filed 12–22–05; 8:45 am] the Council. Notice of this meeting is President’s Council of Advisors on BILLING CODE 6210–01–S required under the Federal Advisory Science and Technology was Committee Act (FACA). established by Executive Order 13226, DATES: January 10, 2006, Washington, on September 30, 2001. The purpose of FEDERAL RESERVE SYSTEM DC. The meeting will be held in the PCAST is to advise the President on Change in Bank Control Notices; Washington Room at the Hotel matters of science and technology Acquisition of Shares of Bank or Bank Washington located at 515 15th St., policy, and to assist the President’s Holding Companies NW., Washington, DC 20004. National Science and Technology Type of Meeting: Open. Further Council in securing private sector The notificants listed below have details on the meeting agenda will be participation in its activities. The applied under the Change in Bank
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Control Act (12 U.S.C. 1817(j)) and standards in section 4 of the BHC Act companies listed below, that engages § 225.41 of the Board’s Regulation Y (12 (12 U.S.C. 1843). Unless otherwise either directly or through a subsidiary or CFR 225.41) to acquire a bank or bank noted, nonbanking activities will be other company, in a nonbanking activity holding company. The factors that are conducted throughout the United States. that is listed in § 225.28 of Regulation Y considered in acting on the notices are Additional information on all bank (12 CFR 225.28) or that the Board has set forth in paragraph 7 of the Act (12 holding companies may be obtained determined by Order to be closely U.S.C. 1817(j)(7)). from the National Information Center related to banking and permissible for The notices are available for Web site at www.ffiec.gov/nic/. bank holding companies. Unless immediate inspection at the Federal Unless otherwise noted, comments otherwise noted, these activities will be Reserve Bank indicated. The notices regarding each of these applications conducted throughout the United States. also will be available for inspection at must be received at the Reserve Bank Each notice is available for inspection the office of the Board of Governors. indicated or the offices of the Board of at the Federal Reserve Bank indicated. Interested persons may express their Governors not later than January 17, The notice also will be available for views in writing to the Reserve Bank 2006. inspection at the offices of the Board of indicated for that notice or to the offices A. Federal Reserve Bank of Governors. Interested persons may of the Board of Governors. Comments Richmond (A. Linwood Gill, III, Vice express their views in writing on the must be received not later than January President) 701 East Byrd Street, question whether the proposal complies 10, 2006. Richmond, Virginia 23261–4528: with the standards of section 4 of the A. Federal Reserve Bank of Chicago 1. Harbor Bank Group, Inc., BHC Act. Additional information on all (Patrick M. Wilder, Assistant Vice Charleston, South Carolina; to become a bank holding companies may be President) 230 South LaSalle Street, bank holding company by acquiring 100 obtained from the National Information Chicago, Illinois 60690-1414: percent of the voting shares of Harbor Center Web site at www.ffiec.gov/nic/. 1. Jay Elliot Bell, Chicago, Illinois; to National Bank, Charleston, South Unless otherwise noted, comments acquire voting shares of Rochester State Carolina (in organization). regarding the applications must be Bankshares, Inc., Rochester, Illinois, and B. Federal Reserve Bank of Kansas received at the Reserve Bank indicated thereby indirectly acquire voting shares City (Donna J. Ward, Assistant Vice or the offices of the Board of Governors of Rochester State Bank, Rochester, President) 925 Grand Avenue, Kansas not later than January 16, 2006. Illinois. City, Missouri 64198-0001: A. Federal Reserve Bank of Chicago Board of Governors of the Federal Reserve 1. First Community Bancshares, Inc., (Patrick M. Wilder, Assistant Vice System, December 20, 2005. Overland Park, Kansas; to acquire 100 President) 230 South LaSalle Street, Robert deV. Frierson, percent of the voting shares of Corning Chicago, Illinois 60690-1414: Deputy Secretary of the Board. Investment Company, Inc., Centralia, 1. Iowa State Bank Holding Company, Kansas, and thereby indirectly acquire [FR Doc. E5–7762 Filed 12–22–05; 8:45 am] Des Moines, Iowa; for prior approval to The Farmers State Bank of Corning, hold real estate for the purpose of BILLING CODE 6210–01–S Corning, Kansas. economic development pursuant to C. Federal Reserve Bank of San Section 225.28(b)(12)(i)of Regulation Y. Francisco (Tracy Basinger, Director, FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve Regional and Community Bank Group) System, December 19, 2005. 101 Market Street, San Francisco, Formations of, Acquisitions by, and Robert deV. Frierson, Mergers of Bank Holding Companies California 94105-1579: 1. Wells Fargo and Company, San Deputy Secretary of the Board. The companies listed in this notice Francisco, California; to acquire 100 [FR Doc. E5–7731 Filed 12–22–05; 8:45 am] have applied to the Board for approval, percent of the voting shares of Martinius BILLING CODE 6210–01–S pursuant to the Bank Holding Company Corporation, Rogers, Minnesota, and Act of 1956 (12 U.S.C. 1841 et seq.) thereby indirectly acquire State Bank of (BHC Act), Regulation Y (12 CFR Part Rogers, Rogers, Minnesota. DEPARTMENT OF HEALTH AND 225), and all other applicable statutes Board of Governors of the Federal Reserve HUMAN SERVICES and regulations to become a bank System, December 19, 2005. holding company and/or to acquire the Office of the Secretary Robert deV. Frierson, assets or the ownership of, control of, or [CMS–0015–N] the power to vote shares of a bank or Deputy Secretary of the Board. bank holding company and all of the [FR Doc. E5–7730 Filed 12–22–05; 8:45 am] RIN 0938–ZA62 banks and nonbanking companies BILLING CODE 6210–01–S owned by the bank holding company, Consolidated Health Informatics (CHI) including the companies listed below. Initiative; Health Care and Vocabulary The applications listed below, as well FEDERAL RESERVE SYSTEM Standards for Use in Federal Health Information Technology Systems as other related filings required by the Notice of Proposals to Engage in Board, are available for immediate Permissible Nonbanking Activities or AGENCY: Office of the Secretary (OS), inspection at the Federal Reserve Bank To Acquire Companies That Are HHS. indicated. The application also will be Engaged in Permissible Nonbanking ACTION: Notice. available for inspection at the offices of Activities the Board of Governors. Interested SUMMARY: This notice identifies the 20 persons may express their views in The companies listed in this notice messaging and vocabulary standards writing on the standards enumerated in have given notice under section 4 of the adopted for use in Federal government the BHC Act (12 U.S.C. 1842(c)). If the Bank Holding Company Act (12 U.S.C. health information technology systems. proposal also involves the acquisition of 1843) (BHC Act) and Regulation Y (12 The first set of 5 standards was adopted a nonbanking company, the review also CFR Part 225) to engage de novo, or to on March 21, 2003. The second set of 15 includes whether the acquisition of the acquire or control voting securities or standards was adopted on May 6, 2004, nonbanking company complies with the assets of a company, including the thus completing the initial portfolio of
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the Consolidated Health Informatics 5. Messaging Standards. Includes: specific full reports available for (CHI) initiative. Image information to workstations. download at: http://www.hhs.gov/ FOR FURTHER INFORMATION CONTACT: Standard: Digital Imaging and healthit/chi.html. Cheryl Ford, (410) 786–7415. Communications in Medicine III. Collection of Information SUPPLEMENTARY INFORMATION: (DICOM ). 6. Demographics. Standard: HL7 Requirements I. Background Version 2.4 and greater. This notice does not impose The Consolidated Health Informatics 7. Lab Result Contents. Standard: information collection and (CHI) initiative began in October 2001 as Systematized Nomenclature of Medicine recordkeeping requirements regulated one of 24 E-Government initiatives Clinical Terms (SNOMED CT ). by the Paperwork Reduction Act of included in the President’s Management 8. Units of Measure. Standard: HL7 1995; that is, it does not require Agenda (PMA). The CHI initiative is a Version 2.X+. obtaining facts or opinions or answers to collaborative effort to adopt Federal 9. Immunizations. Standard: HL7 questions by or for a Federal agency. government-wide health information Version 2.3.1, specifically the Vaccines Consequently, it need not be reviewed interoperability standards to be Administered (CVX) and Manufacturers by the Office of Management and implemented by Federal agencies in of Vaccines (MVX) external code sets Budget under 44 U.S.C. 35. maintained by the Centers for Disease order to enable the Federal government IV. Impact Statement to exchange electronic health Control and Prevention’s (CDC) National information. Immunization Program (NIP). We have chosen to explain the impact On May 6, 2004, the Secretary of the 10. Medications. Standards: Federal we foresee this notice having on the Department of Health and Human Drug Terminologies: (Sub-domain: public as follows: There are indirect Services (HHS) announced the adoption Standard Adopted): impacts for Federal contractors or • by HHS, the Department of Defense, the Active Ingredient: FDA Established potential contractors who may be Department of Veterans Affairs, the Names & Unique Ingredient Identifier involved in health information (UNII) codes. technology design, development, or Office of Management and Budget, and • other participating Federal partners of Manufactured Dosage Form: FDA/ evaluation. The Federal government CDER Data Standards Manual. will require all future health 15 healthcare messaging and vocabulary • standards recommended by the CHI Drug Product: FDA’s National Drug information technology system initiative (http://www.hhs.gov/news/ Codes (NDC). acquisitions to be based on CHI • Medication Package: FDA press/2004pres/20040506.html). The standards when applicable, whether Standards Manual. system development occurs within the adoption of these standards • Label Section Headers: LOINC supplemented the first 5 standards Agency or through the use of contractor Clinical Structured Product Labeling services. adopted on March 21, 2003 (http:// (SPL). www.hhs.gov/news/press/2003pres/ • Special Populations: HL7 Version Authority: The E-Government Act of 2002 20030321a.html), thereby completing 2.4 and greater. (Pub. L. 107–347) (H.R. 2458) the initial CHI portfolio. • Drug Classifications: The Dated: September 13, 2005. The portfolio of 20 adopted standards Department of Veterans Affairs’ Mark B. McClellan, will be used by all Federal agencies in National Drug File Reference implementing new, and to the extent Administrator, Centers for Medicare & Terminology (NDF–RT) for mechanism Medicaid Services. possible, in modifying existing health of action and physiologic effect. information technology systems, as well • Approved: August 25, 2005. Clinical Drug: the National Library Michael O. Leavitt, as related business processes. of Medicine’s RxNorm. Secretary. II. CHI Adopted Standards 11. Interventions/Procedures (Part A): Lab Test Order Names. Standard: [FR Doc. 05–24289 Filed 12–22–05; 8:45 am] As a result of work completed in LOINC. BILLING CODE 4120–01–P furtherance of CHI, the 20 clinical 12. Interventions/Procedures (Part B): standards that have been adopted for Non-laboratory. Standard: SNOMED use by all Federal agencies as they CT. DEPARTMENT OF HEALTH AND develop and implement new 13. Anatomy. Standards: SNOMED HUMAN SERVICES information technology systems are as CT and the National Cancer Institute’s Centers for Medicare & Medicaid follows: (NCI) Thesaurus. 1. Laboratory Results Names. 14. Diagnosis/Problem Lists. Services Standard: Logical Observation Standard: SNOMED CT. [Document Identifier: CMS–10170] Identifiers Names and Codes (LOINC ). 15. Nursing. Standard: SNOMED CT. 2. Messaging Standards. Includes: 16. Financial/Payment. Standard: Agency Information Collection Scheduling, medical record/image HIPAA Transactions and Code Sets. Activities: Proposed Collection; management, patient administration, 17. Genes. Standard: Human Genome Comment Request observation reporting, financial Nomenclature. management, public health notification, 18. Clinical Encounters. Standard: AGENCY: Centers for Medicare & and patient care. Standard: Health Level HL7 Version 2.4 and greater. Medicaid Services, HHS. Seven (HL7) Version 2.3 and greater. 19. Text-Based Reports. Standards: In compliance with the requirement 3. Messaging Standards. Includes: HL7 and Clinical Document of section 3506(c)(2)(A) of the Retail pharmacy transactions. Standard: Architecture (CDA) Version 1.0–2000 Paperwork Reduction Act of 1995, the National Council for Prescription Drug Chemicals. Centers for Medicare & Medicaid Programs (NCPDP) SCRIPT. 20. Chemicals. Standard: Services (CMS) is publishing the 4. Messaging Standards. Includes: Environmental Protection Agency’s following summary of proposed Device-device connectivity. Standard: Substance Registry System. collections for public comment. Institute of Electrical and Electronics Specific details of these CHI standards Interested persons are invited to send Engineers, Inc. TM 1073. can be obtained from the domain- comments regarding this burden
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estimate or any other aspect of this be received at the address below, no managed care health plan). Hospitals collection of information, including any later than 5 p.m. on February 21, 2006. must distribute this notice at or about of the following subjects: (1) The CMS, Office of Strategic Operations and the same time of a Medicare necessity and utility of the proposed Regulatory Affairs, Division of beneficiary’s admission or during the information collection for the proper Regulations Development—C, Attention: course of his or her hospital stay. performance of the agency’s functions; Bonnie L Harkless, Room C4–26–05, Receiving this information will provide (2) the accuracy of the estimated 7500 Security Boulevard, Baltimore, all Medicare beneficiaries with some burden; (3) ways to enhance the quality, Maryland 21244–1850. ability to participate and/or initiate utility, and clarity of the information to Dated: December 13, 2005. discussions concerning actions that may be collected; and (4) the use of affect their Medicare coverage, payment, Michelle Shortt, automated collection techniques or and appeal rights in response to a other forms of information technology to Director, Regulations Development Group, hospital’s or Medicare managed care Office of Strategic Operations and Regulatory minimize the information collection Affairs. plan’s notification that their care will no burden. longer continue; Frequency: 1. Type of Information Collection [FR Doc. 05–24301 Filed 12–22–05; 8:45 am] Recordkeeping and Reporting—Other: Request: Extension of a currently BILLING CODE 4120–01–P Distribution; Affected Public: approved collection; Title of Individuals or Households, Business or Information Collection: Retiree Drug other for-profit, Not-for-profit DEPARTMENT OF HEALTH AND Subsidy (RDS) Payment Request and institutions, Federal, State, Local or HUMAN SERVICES Instructions; Form Number: CMS–10170 Tribal Government; Number of (OMB#: 0938–0977); Use: Under section Centers for Medicare & Medicaid Respondents: 6,051; Total Annual 1860D–22 of the Social Security Act Services Responses: 12,500,000; Total Annual (Act), added by the Medicare Hours: 208,333. Prescription Drug, Improvement and [Document Identifier: CMS R–193 and CMS– 2. Type of Information Collection Modernization Act of 2003, plan 2567] Request: Extension of a currently sponsors (employers, unions) who offer approved collection; Title of prescription drug coverage to their Agency Information Collection Information Collection: Statement of qualified covered retirees are eligible to Activities: Submission for OMB Deficiencies and Plan of Correction receive a 28 percent tax-free subsidy for Review; Comment Request contained under 42 CFR 488.18, 488.26, allowable drug costs. To receive the AGENCY: Centers for Medicare & and 488.28; Form Number: CMS–2567 subsidy, plan sponsors must submit Medicaid Services, HHS. (OMB#: 0938–0391); Use: Section required prescription cost data. CMS 1864(a) of the Social Security Act has contracted with an outside vendor In compliance with the requirement requires that the Secretary use State (ViPS) to assist in the administration of of section 3506(c)(2)(A) of the survey agencies to conduct surveys. The the retiree drug subsidy (RDS) program; Paperwork Reduction Act of 1995, the surveys are used to determine if health this effort is called the RDS Center. Plan Centers for Medicare & Medicaid care facilities meet Medicare, Medicaid, sponsors will request subsidy payments Services (CMS), Department of Health and Clinical Laboratory Improvement on-line by logging on to the RDS secure and Human Services, is publishing the Amendments (CLIA) participation Web site. Cost data required for each following summary of proposed requirements. The Statement of payment request may be entered into collections for public comment. Deficiencies and Plan of Correction the RDS secure Web site, or uploaded to Interested persons are invited to send form, is used to record each deficiency the RDS Center mainframe. Once the comments regarding this burden discovered during an inspection. plan sponsor submits the payment estimate or any other aspect of this Providers, suppliers and CLIA request, the RDS Center will process the collection of information, including any laboratories also utilize this form to request to determine if payment is due of the following subjects: (1) The outline a corrective action plan for each and the amount of the payment. necessity and utility of the proposed deficiency. The States and CMS regional Frequency: Recordkeeping and information collection for the proper offices use this form to document and Reporting—Monthly, Quarterly and performance of the Agency’s function; certify compliance, and to disclose Annually; Affected Public: Not-for-profit (2) the accuracy of the estimated information to the public; Frequency: institutions, Business or other for-profit, burden; (3) ways to enhance the quality, Recordkeeping, Third party disclosure Federal Government, State, Local, or utility, and clarity of the information to and Reporting—Annually and Tribal Government; Number of be collected; and (4) the use of Biennially; Affected Public: Business or Respondents: 6,000; Total Annual automated collection techniques or other for-profit, Not-for-profit Responses: 6,000; Total Annual Hours: other forms of information technology to institutions, Federal, State, Local or 222,000. minimize the information collection Tribal Government; Number of To obtain copies of the supporting burden. Respondents: 60,000; Total Annual statement and any related forms for the 1. Type of Information Collection Responses: 60,000; Total Annual Hours: proposed paperwork collections Request: Extension of a currently 120,000. referenced above, access CMS’ Web site approved collection; Title of To obtain copies of the supporting address at http://www.cms.hhs.gov/ Information Collection: Important statement and any related forms for regulations/pra/, or E-mail your request, Message from Medicare Title XVII these paperwork collections referenced including your address, phone number, Section 1866(a)(1)(M), 42 CFR Sections above, access CMS Web site address at OMB number, and CMS document 466.78, 489.20, and 489.27; Form http://www.cms.hhs.gov/regulations/ identifier, to [email protected], Number: CMS–R–193 (OMB#: 0938– pra/, or e-mail your request, including or call the Reports Clearance Office on 0692); Use: Hospitals participating in your address, phone number, OMB (410) 786–1326. the Medicare program are required to number, and CMS document identifier, To be assured consideration, distribute the ‘‘Important Message From to [email protected], or call the comments and recommendations for the Medicare’’ to all Medicare beneficiaries Reports Clearance Office on (410) 786– proposed information collections must (including those enrolled in a Medicare 1326.
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To be assured consideration, substantive and interpretive regulations SUPPLEMENTARY INFORMATION: comments and recommendations for the (proposed and final) published during I. Program Issuances proposed information collections must this 3-month time frame. be received by the OMB Desk Officer at FOR FURTHER INFORMATION CONTACT: It is The Centers for Medicare & Medicaid the address below, no later than 5 p.m. possible that an interested party may Services (CMS) is responsible for on January 23, 2006. OMB Human have a specific information need and administering the Medicare and Resources and Housing Branch, not be able to determine from the listed Medicaid programs. These programs pay Attention: Carolyn Lovett, CMS Desk information whether the issuance or for health care and related services for Officer, New Executive Office Building, regulation would fulfill that need. 39 million Medicare beneficiaries and 35 million Medicaid recipients. Room 10235, Washington, DC 20503. Consequently, we are providing Administration of the two programs Dated: December 14, 2005. information contact persons to answer involves (1) furnishing information to general questions concerning these Michelle Shortt, Medicare beneficiaries and Medicaid items. Copies are not available through Director, Regulations Development Group, recipients, health care providers, and the contact persons. (See Section III of Office of Strategic Operations and Regulatory the public and (2) maintaining effective Affairs. this notice for how to obtain listed communications with regional offices, material.) [FR Doc. 05–24302 Filed 12–22–05; 8:45 am] State governments, State Medicaid Questions concerning items in BILLING CODE 4120–01–P agencies, State survey agencies, various Addendum III may be addressed to providers of health care, all Medicare Timothy Jennings, Office of Strategic contractors that process claims and pay DEPARTMENT OF HEALTH AND Operations and Regulatory Affairs, HUMAN SERVICES bills, and others. To implement the Centers for Medicare & Medicaid various statutes on which the programs Services, C4–26–05, 7500 Security are based, we issue regulations under Centers for Medicare & Medicaid Boulevard, Baltimore, MD 21244–1850, Services the authority granted to the Secretary of or you can call (410) 786–2134. the Department of Health and Human [CMS–9033–N] Questions concerning Medicare NCDs Services under sections 1102, 1871, in Addendum V may be addressed to 1902, and related provisions of the Medicare and Medicaid Programs; Patricia Brocato-Simons, Office of Social Security Act (the Act). We also Quarterly Listing of Program Clinical Standards and Quality, Centers issue various manuals, memoranda, and Issuances—July Through September for Medicare & Medicaid Services, C1– statements necessary to administer the 2005 09–06, 7500 Security Boulevard, programs efficiently. AGENCY: Centers for Medicare & Baltimore, MD 21244–1850, or you can Section 1871(c)(1) of the Act requires Medicaid Services (CMS), HHS. call (410) 786–0261. that we publish a list of all Medicare Questions concerning FDA-approved ACTION: Notice. manual instructions, interpretive rules, Category B IDE numbers listed in statements of policy, and guidelines of SUMMARY: This notice lists CMS manual Addendum VI may be addressed to John general applicability not issued as instructions, substantive and Manlove, Office of Clinical Standards regulations at least every 3 months in interpretive regulations, and other and Quality, Centers for Medicare & the Federal Register. We published our Federal Register notices that were Medicaid Services, C1–13–04, 7500 first notice June 9, 1988 (53 FR 21730). published from July 2005 through Security Boulevard, Baltimore, MD Although we are not mandated to do so September 2005, relating to the 21244–1850, or you can call (410) 786– by statute, for the sake of completeness Medicare and Medicaid programs. This 6877. of the listing of operational and policy notice provides information on national Questions concerning approval statements, and to foster more open and coverage determinations (NCDs) numbers for collections of information transparent collaboration, we are affecting specific medical and health in Addendum VII may be addressed to continuing our practice of including care services under Medicare. Bonnie Harkless, Office of Strategic Medicare substantive and interpretive Additionally, this notice identifies Operations and Regulatory Affairs, regulations (proposed and final) certain devices with investigational Regulations Development and Issuances published during the respective 3- device exemption (IDE) numbers Group, Centers for Medicare & Medicaid month time frame. approved by the Food and Drug Services, C5–14–03, 7500 Security Administration (FDA) that potentially Boulevard, Baltimore, MD 21244–1850, II. How To Use the Addenda may be covered under Medicare. This or you can call (410) 786–5666. This notice is organized so that a notice also includes listings of all Questions concerning Medicare- reader may review the subjects of approval numbers from the Office of approved carotid stent facilities may be manual issuances, memoranda, Management and Budget for collections addressed to Sarah J. McClain, Office of substantive and interpretive regulations, of information in CMS regulations. Clinical Standards and Quality, Centers NCDs, and FDA-approved IDEs Finally, this notice includes a list of for Medicare & Medicaid Services, C1– published during the subject quarter to Medicare-approved carotid stent 09–06, 7500 Security Boulevard, determine whether any are of particular facilities. Baltimore, MD 21244–1850, or you can interest. We expect this notice to be Section 1871(c) of the Social Security call (410) 786–2994. used in concert with previously Act requires that we publish a list of Questions concerning all other published notices. Those unfamiliar Medicare issuances in the Federal information may be addressed to with a description of our Medicare Register at least every 3 months. Gwendolyn Johnson, Office of Strategic manuals may wish to review Table I of Although we are not mandated to do so Operations and Regulatory Affairs, our first three notices (53 FR 21730, 53 by statute, for the sake of completeness Regulations Development Group, FR 36891, and 53 FR 50577) published of the listing, and to foster more open Centers for Medicare & Medicaid in 1988, and the notice published March and transparent collaboration efforts, we Services, C5–14–03, 7500 Security 31, 1993 (58 FR 16837). Those desiring are also including all Medicaid Boulevard, Baltimore, MD 21244–1850, information on the Medicare NCD issuances and Medicare and Medicaid or you can call (410) 786–6954. Manual (NCDM, formerly the Medicare
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Coverage Issues Manual (CIM)) may III. How To Obtain Listed Material Office or review them at the nearest wish to review the August 21, 1989, regional depository library. We have, on A. Manuals publication (54 FR 34555). Those occasion, published rulings in the interested in the revised process used in Those wishing to subscribe to Federal Register. Rulings, beginning making NCDs under the Medicare program manuals should contact either with those released in 1995, are program may review the September 26, the Government Printing Office (GPO) available online, through the CMS 2003, publication (68 FR 55634). or the National Technical Information Home Page. The Internet address is To aid the reader, we have organized Service (NTIS) at the following http://cms.hhs.gov/rulings. and divided this current listing into addresses: Superintendent of Documents, Government Printing D. CMS’ Compact Disk-Read Only eight addenda: Memory (CD–ROM) • Addendum I lists the publication Office, ATTN: New Orders, P.O. Box dates of the most recent quarterly 371954, Pittsburgh, PA 15250–7954, Our laws, regulations, and manuals listings of program issuances. Telephone (202) 512–1800, Fax number are also available on CD–ROM and may (202) 512–2250 (for credit card orders); • Addendum II identifies previous be purchased from GPO or NTIS on a or National Technical Information Federal Register documents that subscription or single copy basis. The Service, Department of Commerce, 5825 contain a description of all previously Superintendent of Documents list ID is Port Royal Road, Springfield, VA 22161, published CMS Medicare and Medicaid HCLRM, and the stock number is 717– Telephone (703) 487–4630. 139–00000–3. The following material is manuals and memoranda. In addition, individual manual • on the CD–ROM disk: Addendum III lists a unique CMS transmittals and Program Memoranda • Titles XI, XVIII, and XIX of the Act. transmittal number for each instruction listed in this notice can be purchased • CMS-related regulations. in our manuals or Program Memoranda from NTIS. Interested parties should • CMS manuals and monthly and its subject matter. A transmittal may identify the transmittal(s) they want. revisions. consist of a single or multiple GPO or NTIS can give complete details • CMS program memoranda. instruction(s). Often, it is necessary to on how to obtain the publications they The titles of the Compilation of the use information in a transmittal in sell. Additionally, most manuals are Social Security Laws are current as of conjunction with information currently available at the following Internet January 1, 2003. (Updated titles of the in the manuals. address: http://cms.hhs.gov/manuals/ Social Security Laws are available on • Addendum IV lists all substantive default.asp. the Internet at http://www.ssa.gov/ and interpretive Medicare and Medicaid OP_Home/ssact/comp-toc.htm.) The regulations and general notices B. Regulations and Notices remaining portions of CD–ROM are published in the Federal Register Regulations and notices are published updated on a monthly basis. during the quarter covered by this in the daily Federal Register. Interested Because of complaints about the notice. For each item, we list the— individuals may purchase individual unreadability of the Appendices Æ Date published; copies or subscribe to the Federal (Interpretive Guidelines) in the State Æ Federal Register citation; Register by contacting the GPO at the Operations Manual (SOM), as of March Æ Parts of the Code of Federal address given above. When ordering 1995, we deleted these appendices from Regulations (CFR) that have changed (if individual copies, it is necessary to cite CD–ROM. We intend to re-visit this applicable); either the date of publication or the issue in the near future and, with the Æ Agency file code number; and volume number and page number. aid of newer technology, we may again The Federal Register is also available Æ Title of the regulation. be able to include the appendices on on 24x microfiche and as an online CD–ROM. • Addendum V includes completed database through GPO Access. The Any cost report forms incorporated in NCDs, or reconsiderations of completed online database is updated by 6 a.m. the manuals are included on the CD– NCDs, from the quarter covered by this each day the Federal Register is ROM disk as LOTUS files. LOTUS notice. Completed decisions are published. The database includes both software is needed to view the reports identified by the section of the NCDM text and graphics from Volume 59, once the files have been copied to a in which the decision appears, the title, Number 1 (January 2, 1994) forward. personal computer disk. the date the publication was issued, and Free public access is available on a the effective date of the decision. IV. How To Review Listed Material • Wide Area Information Server (WAIS) Addendum VI includes listings of through the Internet and via Transmittals or Program Memoranda the FDA-approved IDE categorizations, asynchronous dial-in. Internet users can can be reviewed at a local Federal using the IDE numbers the FDA assigns. access the database by using the World Depository Library (FDL). Under the The listings are organized according to Wide Web; the Superintendent of FDL program, government publications the categories to which the device Documents home page address is are sent to approximately 1,400 numbers are assigned (that is, Category http://www.gpoaccess.gov/fr/ designated libraries throughout the A or Category B), and identified by the index.html, by using local WAIS client United States. Some FDLs may have IDE number. software, or by telnet to arrangements to transfer material to a • Addendum VII includes listings of swais.gpoaccess.gov, then log in as guest local library not designated as an FDL. all approval numbers from the Office of (no password required). Dial-in users Contact any library to locate the nearest Management and Budget (OMB) for should use communications software FDL. collections of information in CMS and modem to call (202) 512–1661; type In addition, individuals may contact regulations in title 42; title 45, swais, then log in as guest (no password regional depository libraries that receive subchapter C; and title 20 of the CFR. required). and retain at least one copy of most • Addendum VIII includes listings of Federal Government publications, either Medicare-approved carotid stent C. Rulings in printed or microfilm form, for use by facilities. All facilities listed meet CMS We publish rulings on an infrequent the general public. These libraries standards for performing carotid artery basis. Interested individuals can obtain provide reference services and stenting for high risk patients. copies from the nearest CMS Regional interlibrary loans; however, they are not
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sales outlets. Individuals may obtain and Program No. 93.714, Medical Assistance February 25, 2005 (70 FR 9338) information about the location of the Program) June 24, 2005 (70 FR 36620) nearest regional depository library from Dated: December 7, 2005. September 23, 2005 (70 FR 55863) any library. For each CMS publication Jacquelyn Y. White, Addendum II—Description of Manuals, listed in Addendum III, CMS Director, Office of Strategic Operations and Memoranda, and CMS Rulings publication and transmittal numbers are Regulatory Affairs. An extensive descriptive listing of shown. To help FDLs locate the Addendum I Medicare manuals and memoranda was materials, use the CMS publication and published on June 9, 1988, at 53 FR 21730 transmittal numbers. For example, to This addendum lists the publication dates of the most recent quarterly listings of and supplemented on September 22, 1988, at find the Medicare NCD publication program issuances. 53 FR 36891 and December 16, 1988, at 53 titled ‘‘Cochlear Implantation,’’ use June 27, 2003 (68 FR 38359) FR 50577. Also, a complete description of the CMS—Pub. 100–03, Transmittal No. 42. September 26, 2003 (68 FR 55618) former CIM (now the NCDM) was published on August 21, 1989, at 54 FR 34555. A brief (Catalog of Federal Domestic Assistance December 24, 2003 (68 FR 74590) description of the various Medicaid manuals Program No. 93.773, Medicare—Hospital March 26, 2004 (69 FR 15837) June 25, 2004 (69 FR 35634) and memoranda that we maintain was Insurance, Program No. 93.774, Medicare— September 24, 2004 (69 FR 57312) published on October 16, 1992, at 57 FR Supplementary Medical Insurance Program, December 30, 2004 (69 FR 78428) 47468.
ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
Medicare General Information (CMS—Pub. 100–01)
25 Next Generation Desktop Testing Requirements Definitions Next Generation Desktop Maintainer Requirements 26 Implement New Medicare Plan ID and Carrier Number for the Single Testing Contractor Shared System Testing Requirements for Maintainers, Beta Testers, and Contractors 27 Provider Extract File 28 Conforming Changes for Change Request 3648 to Pub. 100–01 Hospital Insurance (Part A) for Inpatient Hospital, Hospice, and Skilled Nursing Facility Services—A Brief Description Home Health Services Supplementary Medical Insurance (Part B)—A Brief Description Discrimination Prohibited Role of Part A Intermediaries Limitation on Physical Therapy, Occupational Therapy and Speech-Language Pathology Services Certification for Hospital Services Covered by the Supplementary Medical Insurance Program Content of the Physician’s Certification Recertifications for Home Health Services Physician’s Certification and Recertification for Outpatient Physical Therapy Occupational Therapy and Speech-Language Pa- thology Recertification Under Arrangements Term of Agreements Determining Payment for Services Furnished After Termination, Expiration, or Cancellation Home Health Agency Defined 29 2005 Scheduled Release for October Updates to Software Programs and Pricing/Coding Files
Medicare Benefit Policy (CMS—Pub. 100–02)
37 Conforming Changes for Change Request 3648 to Pub. 100–02 Medical and Other Health Services Furnished to Inpatients of Participating Hospitals Outpatient Hospital Services Distinguishing Outpatient Hospital Services Provided Outside the Hospital Coverage of Outpatient Therapeutic Services Medical and Other Health Services Furnished by Home Health Agencies Skilled Services Defined Speech-Language Pathology Physical Therapy, Speech-Language Pathology, and Occupational Therapy Furnished by the Skilled Nursing Facility or by Oth- ers Under Arrangements With the Facility and Under Its Supervision Inpatient Physical Therapy, Occupational Therapy, and Speech-Language Pathology Services Services Furnished Under Arrangements With Providers Supplementary Medical Insurance Provisions Services Not Provided Within United States
Medicare National Coverage Determinations (CMS—Pub. 100–03)
42 Cochlear Implantation Cochlear Implantation (Effective April 4, 2005)
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
Medicare Claims Processing (CMS—Pub. 100–04)
601 Cochlear Implantation Billing Requirements for Expanded Coverage of Cochlear Implantation Intermediary Billing Procedures Applicable Bill Types Special Billing Requirements for Intermediaries Intermediary Payment Requirements Carrier Billing Procedures Healthcare Common Procedure Coding System 602 Expansion of Various Alpha and Numeric Fields Within the Outpatient Prospective Payment System Outpatient Code Editor 603 Modification to the Appeals Language on the Medicare Summary Notice; Full Replacement of Change Request 3808 Appeals Section Back of Medicare Summary Notice—Carriers and Intermediaries Carrier Spanish Medicare Summary Notices Back Intermediary Spanish Medicare Summary Notices Back 604 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 605 Frequency Instructions for Smoking and Tobacco-Use Cessation Counseling Services Remittance Advice Notices Medicare Summary Notices 606 Medicare Program-Update to the Hospice Payment Rates, Hospice Cap, Hospice Wage Index, and the Hospice Pricer for FY 2005 Payment Rates 607 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 608 New Health Professional Shortage Area Modifier Zip Code Files Provider Education Claims Coding Requirements Services Eligible for Health Professional Shortage Area and Physician Scarcity Bonus Payments Post-payment Review Health Professional Shortage Area Incentive Payments for Physician Services Rendered in a Critical Access Hospital 609 Remittance Advice Remark Code and Claim Adjustment Reason Code Update 610 This Transmittal is rescinded and replaced by Transmittal 634 611 Payment Methodology for Rehabilitation Services in Indian Health Service/Tribally Owned and/or Operated Hospitals and Hos- pital Based Facilities Services Paid Under the Physician Fee Schedule 612 Abarelix for Treatment of Prostate Cancer 613 New Healthcare Common Procedure Coding System Codes and Systems Edits for Supplies and Accessories for Ventricular As- sist Devices—Full Replacement of CR 3761 614 Medicare Physician Fee Schedule Database 2006 File Layout 615 Revision of Chapter 24, Electronic Data Interchange Support Requirements Electronic Data Interchange General Outreach Activities Carrier, Durable Medical Equipment Regional Carrier, and Fiscal Inter- mediary Analysis of Internal Information Systems Information Review of Provider Profiles Contact with New Providers Production and Distribution of Material to Increase Use of Electronic Data Interchange Electronic Data Interchange Enrollment New Enrollments and Maintenance of Existing Enrollments Submitter Number Release of Medicare Eligibility Data Network Service Vendor Agreement Electronic Data Interchange User Guidelines Directory of Billing Software Vendors and Clearinghouses Technical Requirements—Data, Media, and Telecommunications System Availability Media Telecommunications and Transmission Protocols Toll-Free Service Initial Editing Translators Required Electronic Data Interchange Formats General Health Insurance Portability and Accountability Act Electronic Data Interchange Requirements Continued Support of Pre-Health Insurance Portability and Accountability Act Electronic Data Interchange Formats National Council for Prescription Drug Program Claim Requirements Crossover Claim Requirements Direct Data Entry Screens Use of Imaging, External Key Shop, and In-House Keying for Entry of Transaction Data Submitted on Paper Electronic Funds Transfer Electronic Data Interchange Testing Requirements
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
Shared System and Common Working File Maintainers Internal Testing Requirements Carrier, Durable Medical Equipment Regional Carrier, and Intermediary Internal Testing Requirements Third-Party Certification Systems and Services Electronic Data Interchange Submitter/Receiver Testing by Carriers, Durable Medical Equipment Regional Carriers, and Fiscal Intermediaries Testing Accuracy Limitation on Testing of Multiple Providers That Use the Same Clearinghouse, Billing Service, or Vendor Software Carrier, Durable Medical Equipment Regional Carrier, and Fiscal Intermediary Submitter/Receiver Testing With Legacy Formats During the Health Insurance Portability and Accountability Act Contingency Period Discontinuation of Use of Claim Legacy Formats following Successful Health Insurance Portability and Accountability Act Format Testing Electronic Data Interchange Receiver Testing by Carriers, Durable Medical Equipment Regional Carriers, and Intermediaries Changes in Provider’s System or Vendor’s Software, and Use of Additional Electronic Data Interchange Formats Support of Electronic Data Interchange Trading Partners User Guidelines Technical Assistance to Electronic Data Interchange Trading Partners Training Content and Frequency Prohibition Against Requiring Use of Proprietary Software or Direct Data Entry Free Claim Submission Software Remittance Advice Print Software Medicare Remit Easy Print Software for Carrier and Durable Medical Equipment Regional Carrier Provider Use Medicare Standard Fiscal Intermediary PC-Print Software Newsletters/Bulletin Board/Internet Publication of Electronic Data Interchange Information Provider Guidelines for Choosing a Vendor Determining Goals/Requirements Vendor Selection Negotiating With Vendors Electronic Data Interchange Edit Requirements Carrier, Durable Medical Equipment Regional Carrier, and Fiscal Intermediary X12 Edit Requirements Supplemental Fiscal Intermediary-Specific Shared System Edit Requirements Fiscal Intermediary Health Insurance and Portability Accountability Act Claim Level Implementation Guide Edits Supplemental Carrier/Durable Medical Equipment Regional Carrier-Specific Shared System Implementation Guide Edit Require- ments Keyshop and Image Processing Carrier, Durable Medical Equipment Regional Carrier, or Fiscal Intermediary Data Security and Confidentiality Requirements Carrier, Durable Medical Equipment Regional Carrier, and Fiscal Intermediary Electronic Data Interchange Audit Trails Security-Related Requirements for Carrier, Durable Medical Equipment Regional Carrier, or Fiscal Intermediary Arrangements with Clearinghouses And Billing Services Mandatory Electronic Submission of Medicare Claims Small Providers and Full-Time Equivalent Employee Self-Assessments Exceptions Unusual Circumstance Waivers Unusual Circumstance Waivers Subject to Provider Self-Assessment Unusual Circumstance Waivers Subject to Medicare Contractor Approval Unusual Circumstance Waivers Subject to Contractor Evaluation and CMS Decision Electronic and Paper Claims Implications of Mandatory Electronic Submission Enforcement Provider Education 616 Certified Registered Nurse Anesthetist Pass-Through Payments Anesthesia and Certified Registered Nurse Anesthetist Services in a Critical Access Hospitals Payment for Certified Registered Nurse Anesthetist Pass-Through Services Payment for Anesthesia Services by a Certified Registered Nurse Anesthetist (Method II Critical Access Hospital Only) 617 Administration of Drugs and Biologicals in a Method II Critical Access Hospital Coding for Administering Drugs in a Method II Critical Access Hospital Coding for Low Osmolar Contrast Material 618 Coding for the Administration of Other Drugs and Biologicals Clarification for Carriers and Durable Medical Equipment Regional Carriers About Correction and Recoupment of Previously Processed Claims 619 Late IRF–PAI Data Submission Penalty Protocol Within the Inpatient Rehabilitation Facility Prospective Payment System Payment Adjustment for Late Transmission of Patient Assessment Data 620 New Fiscal Intermediary (FI) Edit to Identify Potentially Excessive Medicare Payments Fiscal Intermediary Edits Affecting Multiple Bill Types Threshold Edit for Outpatient and Inpatient Part B Claims 621 Locality Codes for Purchased Diagnostic Tests 622 This Transmittal is rescinded and replaced by Transmittal 668 623 Durable Medical Equipment Regional Carrier Only—Corrections to the Billing Indicator Field for Adjusted Claims 624 This Transmittal is rescinded and replaced by Transmittal 686 625 Competitive Acquisition Program for Part B Drugs—Coding, Testing, and Implementation 626 Common Working File Expansion of Duplicate Claim Edit for Clinical Diagnostic Services 627 New Low Osmolar Contrast Material (LOCM) HCPCS Codes/Payment Criteria/Payment Level
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
Low Osmolar Contrast Media (HCPCS Codes Q9945–Q9951) Payment Criteria/Payment Level 628 Radiopharmaceutical Diagnostic Imaging Agents Codes Applicable to Positron Emission Tomography Scan Services Performed on or After January 28, 2005 Appropriate Common Procedure Terminology Codes Effective for Positron Emission Tomography Scan Services Performed on or After January 28, 2005 Tracer Codes Required for Positron Emission Tomography Scans 629 Certificate of Medical Necessity Claim Edits Workload Reporting Durable Medical Equipment Regional Carrier Systems 630 Medicare Part A Skilled Nursing Facility Prospective Payment System Pricer Update and Health Insurance Prospective Payment System Coding Update Effective January 1, 2006 Health Insurance Prospective Payment System Rate Code Skilled Nursing Facility Prospective Payment System Rate Components Decision Logic Used by the Pricer on Claims 631 Claim Status Category Code and Claim Status Code Update 632 Billing and Claims Processing Instructions for Claims Subject to Expedited Determinations Limitation of Liability Notification and Coordination With Quality Improvement Organizations Limitation on Liability—Overview Hospital Claims Subject to Hospital Issued Notices of Noncoverage Scope of Issuance of Hospital Issued Notices of Noncoverage General Responsibilities of Quality Improvement Organizations and Fiscal Intermediaries Related to Hospital Issued Notices of Noncoverage Billing and Claims Processing Requirements Related to Hospital Issued Notices of Noncoverage Skilled Nursing Facility, Home Health Agency, Hospice, and Comprehensive Outpatient Rehabilitation Facility Claims Subject to Expedited Determinations Scope of Issuance of Expedited Determination Notices General Responsibilities of Quality Improvement Organizations and Fiscal Intermediaries Related to Expedited Determinations Billing and Claims Processing Requirements Related to Expedited Determinations Coordination With the Quality Improvement Organization 633 Guidelines for Payment of Vaccines (Pneumococcal Pneumonia Virus, Influenza Virus, and Hepatitis B Virus) and Their Admin- istration Provided by Indian Health Service/Tribally-Owned and/or Operated Hospitals and Hospital Based Facilities Billing Requirements Bills Submitted to Fiscal Intermediaries Vaccines and Vaccine Administration 634 Guidelines for Payment of Vaccines (Pneumococcal Pneumonia Virus, Influenza Virus, and Hepatitis B Virus) and Their Admin- istration at Renal Dialysis Facilities Vaccines Furnished to End-Stage Renal Disease Patients Fiscal Intermediary Payment for Pneumococcal Pneumonia, Influenza Virus, and Hepatitis B Vaccine Bills Submitted by Hospices and Payment for Renal Dialysis Facilities 635 Financial Liability for Services Subject to Home Health Consolidated Billing Home Health Prospective Payment System Consolidated Billing and Primary Home Health Agencies Home Health Prospective Payment System Consolidated Billing Beneficiary Notification and Payment Liability Under Home Health Consolidated Billing Responsibilities of Home Health Agencies Responsibilities of Providers/Suppliers of Services Subject to Consolidated Billing Responsibilities of Hospitals Discharging Medicare Beneficiaries to Home Health Care Home Health Consolidated Billing Edits in Medicare Systems Non-routine Supply Editing Therapy Editing Other Editing Related to Home Health Consolidated Billing Only Request for Anticipated Payment Received and Services Fall Within 60 Days After Request for Anticipated Payment Start Date No Request for Anticipated Payment Received and Therapy Services Rendered in the Home Health Insurance Eligibility Query to Determine Episode Status Other Editing and Changes for Home Health Prospective Payment System Episodes Coordination of Home Health Prospective Payment System Claims and Episodes With Inpatient Claim Types 636 Instructions for Implementation of CMS Ruling 05–01; Presbyopia-Correcting Intraocular Lens 637 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 638 New Medicare Summary Notice Messages Adjustments Ajustes 639 Cessation of Additional $50 Payment for New Technology Intraocular Lenses Ambulatory Surgical Center Services on Ambulatory Surgical Center List Payment for Intraocular Lens 640 Medicare Part A Skilled Nursing Facility Prospective Payment System Pricer Update FY 2006 641 October 2005 Quarterly Update to Skilled Nursing Facility Consolidated Billing 642 New Waived Tests 643 Nature and Effect of Assignment on Carrier Claims
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
644 October 2005 Non-Outpatient Prospective Payment System Code Editor Specifications Version 21 645 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 646 Update to the Inpatient Provider Specific File and the Outpatient Provider Specific File to Retain Provider Information 647 The Supplemental Security Income/Medicare Beneficiary Data for Fiscal Year 2004 for Inpatient Prospective Payment System Hospitals 648 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 649 Competitive Acquisition Program for Part B Drugs—Coding, Testing, and Implementation 650 This Transmittal is rescinded and replaced by Transmittal 673 651 Changes to the Laboratory National Coverage Determination Edit Software for October 2005 652 This Transmittal is rescinded and replaced by Transmittal 661 653 October 2005 Quarterly Average Sales Price Medicare Part B Drug Pricing File, Effective October 1, 2005 and Revisions to April 2005 and July 2005 Quarterly Average Sale Price Medicare Part B Drug Pricing File 654 Services Not Provided Within the United States Services Received by Medicare Beneficiaries Outside the United States Source of Part B Claims Appeals of Denied Charges for Physicians and Ambulance Services in Connection With Foreign Hospitalization Services Rendered in Nonparticipating Providers Coverage Requirements for Emergency Hospital Services in Foreign Countries Services Furnished in a Foreign Hospital Nearest to Beneficiary’s U.S. Residence Coverage of Physician and Ambulance Services Furnished Outside U.S. Payment by the Railroad Retirement Beneficiaries for Services Furnished in Canada to Qualified Railroad Retirement Bene- ficiaries Foreign Religious Nonmedical Health Care Facility Claims Elections to Bill for Services Rendered at Nonparticipating Hospitals Processing Claims Appeals on Claims for Emergency and Foreign Services Payment for Services from Foreign Hospitals Full Denial—Foreign Claim—Beneficiary Filed 655 This Transmittal is rescinded and replaced by Transmittal 663 656 Full Replacement of Change Request 3607, Payment Edits in Applicable States For Durable Medical Equipment Prosthetics, Orthotics & Supplies Provider Billing for Prosthetics and Orthotic Services 657 Quarterly Update to Correct Coding Initiative Edits, Version V11.3, Effective October 1, 2005 658 Billing for Devices Under the Hospital Outpatient Prospective Payment System Billing for Devices Under the Outpatient Prospective Payment System Requirements that Hospitals Report Device Codes on Claims on Which They Report Specified Procedures Edits for Claims on Which Specified Procedures Are To Be Reported With Device Codes 659 Instructions for Downloading the Medicare Zip Code File 660 This Transmittal is rescinded and replaced by Transmittal 664 661 This Transmittal is rescinded and replaced by Transmittal 672 662 This Transmittal is rescinded and replaced by Transmittal 691 663 Update To The Hospice Payment Rates, Hospice Cap, Hospice Wage Index, and the Hospice Pricer for Fiscal Year 2006 664 This Transmittal is rescinded and replaced by Transmittal 683 665 October Quarterly Update for 2005 Durable Medical Equipment, Prosthetics, Orthotics, and Supplies Fees Schedule 666 Updates to the Coordination of Benefits Contractor Detailed Error Report File Layout Consolidation of the Claims Crossover Process Coordination of Benefits Agreement Detailed Error Notification Process 667 Home Care and Domiciliary Care Visits (Codes 99321–99350) 668 Enforcement of Hospital Inpatient Bundling: Carrier Denial of Ambulance Claims During an Inpatient Stay Hospital Inpatient Bundling General Coverage and Payment Policies Common Working File Editing of Ambulance Claims for Inpatients Intermediary Guidelines Provider/Intermediary Bill Processing Guidelines Effective April 1, 2002, as a Result of Fee Schedule Implementation 669 Schedule for Completing the Calendar Year 2006 Fee Updates and the Participating Physician Enrollment Procedures 670 Realignment of States and Medicare Claims Processing Workload From Durable Medical Equipment Regional Carrier Regions A, B, C, and D to the Durable Medical Equipment Major Ambulatory Jurisdictions A, B, C and D 671 Updated Manual Instructions for the Medicare Claims Processing Manual, Regarding Smoking and Tobacco-Use Cessation Counseling Services Healthcare Common Procedure Coding System and Diagnosis Coding Carrier Billing Requirements Fiscal Intermediary Billing Requirements Medicare Summary Notices 672 October Update to the 2005 Medicare Physician Fee Schedule Database 673 Manual Update on Medical Nutrition Therapy Services—Manualization Medicare Nutrition Therapy Services General Conditions and Limitations on Coverage Referrals for Medicare Nutrition Therapy Services Dietitians and Nutritionists Performing Medicare Nutrition Therapy Services
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
Payment for Medicare Nutrition Therapy Services General Claims Processing Information Common Working File Edits 674 This Transmittal is rescinded and replaced by Transmittal 692 675 Changes to Appeals of Claims Decisions: Redeterminations and Reconsiderations (Implementation Date October 1, 2005) Workload Data Analysis Program Managing Appeals Workloads Standard Operating Procedures Execution of Workload Prioritization Workload Priorities 676 2006 Healthcare Common Procedure Coding System Annual Update Reminder 677 This Transmittal is rescinded and replaced by 687 678 This Transmittal is rescinded and replaced by 688 679 Medicare Redetermination Notice and Effect of the Redetermination Medicare Redetermination Notice (for partly or fully unfa- vorable redeterminations) Medicare Redetermination Notice (for fully favorable redeterminations) Effect of the Redetermination 680 Inpatient Rehabilitation Facility Annual Update: Prospective Payment System Pricer Changes for FY 2006 681 Guidelines For Payment of Vaccines (Pneumococcal Pneumonia Virus, Influenza Virus, And Hepatitis B Virus) and Their Admin- istration Provided by Indian Health Services/Tribally-Owned and/or Operated Hospitals and Hospital Based Facilities Billing Requirements Bills Submitted to Fiscal Intermediaries Vaccines and Vaccine Administration 682 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 683 October 2005 Outpatient Prospective Payment System Code Editor Specifications Version 684 Correction to Chapter 17, Section 80.2.3, MSN/ANSI X12 Denial Messages for Anti-Emetic Drugs 685 Discontinuation of the Skilled Nursing Facility Healthcare Common Procedure Coding System Help File and Notification to Fis- cal Intermediaries and Providers of the Redesigned Skilled Nursing Facility Consolidated Billing Annual Update File Posted on CMS Web site Services Included in Part A Prospective Payment System Payment Not Billable Separately by the Skilled Nursing Facility Services Beyond the Scope of the Part A Skilled Nursing Facility Benefit Billing for Medical and Other Health Services General Payment Rules and Application of Part B Deductible and Coinsurance 686 Common Working File Unsolicited Response Adjustments for Certain Claims Denied Due to an Open Medicare Secondary Payer Group Health Plan Record Where the Group Health Plan Record Was Subsequently Deleted 687 Appeals of Claims Decisions: Redeterminations and Reconsiderations (Implementation Dates for Fiscal Intermediary Initial De- termination Issued On or After May 1, 2005 and Carrier Initial Determinations Issued on or After January 1, 2006) Filing a Request for Redetermination Appeal Rights for Dismissals Dismissal Letters Model Dismissal Notices Reconsideration—The Second Level of Appeal Filing a Request for a Reconsideration Time Limit for Filing a Request for a Reconsideration Contractor Responsibilities—General Qualified Independent Contractor Case File Development Qualified Independent Contractor Case File Preparation Forwarding Qualified Independent Contractor Case Files Qualified Independent Contractor Jurisdictions Tracking Cases Effectuation of Reconsiderations 688 Appeals of Claims Decisions: Redeterminations and Reconsiderations (Implementation Dates for All Requests for Redetermina- tion Received by Fiscal Intermediary on or After May 1, 2005, and All Requests for Redetermination Received by Carriers on or After January 1, 2006) Redetermination—The First Level of Appeal The Redetermination The Redetermination Decision Dismissals Vacating a Dismissal 689 One Time Update to the National Council Prescription Drug Programs Companion Document Regarding Crossover Claims to Medicaid 690 Fiscal Year (FY) 2006 Payment for Services Furnished in Ambulatory Surgical Centers 691 October 2005 Update of the Hospital Outpatient Prospective Payment System 692 Fiscal Year 2006 Inpatient Prospective Payment System and Long Term Care Hospital Changes 693 Updates to the Inpatient Rehabilitation Facility and Skilled Nursing Facility Provider Specific File and Changes in Inpatient Rehabilitation Facility Prospective Payment System for FY 2006 Provider-Specific File Case-Mix Groups Facility Level Adjustments Area Wage Adjustment
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
Rural Adjustment Outlier Teaching Status Adjustment Full Time Equivalent Resident Cap Inpatient Rehabilitation Facility Prospective Payment System Pricer Software 694 Update to the Healthcare Provider Taxonomy Codes Version 5.1
Medicare Secondary Payer (CMS—Pub. 100–05)
31 Full Replacement of Change Request 3770, Expanding the Number of Source Identifiers for Common Working File Medicare Secondary Payer Records Change Request 3770 Is Rescinded Definition of Medicare Secondary Payer/Common Working File Terms Medicare Secondary Payer Delete Transaction Identification of Reimbursement Advisory Committee Created Group Health Plan Records 32 Exception for Small Employers in Multi-Employer Group Health Plans Overview and General Responsibilities Introduction to the Coordination of Benefits Contractor Scope of the Coordination of Benefit Contractor in Relation to Contractors Contractors Claim Referrals to the Coordination of Benefit Contractors IRS/SSA/CMS Data Match Coordination of Benefit Contractors Discontinues Dissemination of the Right of Recovery Letters to Contractors Exception for Small Employers in Multi-Employer Group Health Plans Purpose Background Specific Information 33 Working Aged Exception for Small Employers in Multi-Employer Group Health Plans 34 Manualization: Long-Standing Medicare Secondary Payer Policy in Chapter 1 of the Medicare Secondary Payer Internet Only Manual General Provisions Working Aged End-Stage Renal Disease Workers’ Compensation No-Fault Insurance Liability Insurance Conditional Primary Medicare Benefits When Conditional Primary Medicare Benefits May Be Paid When a Group Health Plan Is a Primary Payer to Medicare When Conditional Primary Medicare Benefits May Not Be Paid When a Group Health Plan Is a Primary Payer to Medicare When Medicare Secondary Payer Benefits Are Payable and Not Payable Multiple Insurers Definitions Crediting Deductible for Non-Inpatient Psychiatric Services Clarification of Current Employment Status for Specific Groups Actions Resulting From Group Health Plan or Large Group Health Plan Nonconformance Federal Government’s Right to Sue and Collect Double Damages 35 Updates to the Group Health Plan Identification and Recovery Processes General IRS/SSA/CMS Data Match (Data Match) Group Health Plan Identified Cases Non-Data Match Group Health Plan Identified Cases Other Sources of Recovery Actions Group Health Plan Acknowledges Specific Debt (42 CFR 411.25) Recovery When a State Medicaid Agency Has Also Requested a Refund From the Group Health Plan Identification of Group Health Plan Mistaken Primary Payments Via the Recovery Management and Accounting System Progression of Recovery Management Accounting System Group Health Plan Lead Identification Progression of Recovery Management Accounting System History Search Contractor Recovery Case Files (Audit Trails) Group Health Plan Letters (Used for Recovery Management Accounting System/Healthcare Integrated General Ledger Accounting System (ReMAS/HIGLAS) When the Only Debtor Interfaced to Healthcare Integrated General Ledger Accounting System Is the Employer) Employer Group Health Plan Letter Important Information for Employers Insurer Group Health Plan Letter (Used for Recovery Management Accounting System/Healthcare Integrated General Ledger Accounting System When the Only Debtor Interfaced to Healthcare Integrated General Ledger Accounting System Is the Em- ployer) Accountability Worksheet (Not Applicable to Recovery Management Accounting System/Healthcare Integrated General Ledger Accounting System Users) Summary Data Sheet (Not Applicable to ReMAS/HIGLAS Users) Field Description on the Medicare Secondary Payer Summary Data Sheet Payment Record Summary (Used with ReMAS/ HIGLAS Users but in a Modified Format)
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
Courtesy Copy of All Medicare Secondary Payer Group Health Plan-Based Recovery Demand Packages to the Employer’s In- surer/Third Party Administrator Insurer/Third Party Administrator Courtesy Copy Letter Recovery Management Accounting System Error Reports Mistaken Group Health Plan Primary Payments Mistaken Primary Payment Activities and Record Layouts Contractor Actions Upon Receipt of the Data Match Cycle Tape or Other Notice of Non-Data Match Group Health Plan Mis- taken Payments (for Contractor Not on ReMAS/HIGLAS for GHP Recovery) and Actions to Take for Those Contractors Using Recovery Management Accounting System/Health Integrated General Ledger Accounting System Group Health Plan Func- tions Coordination of Benefits Contractor Responsibility to Obtain Missing Medicare Secondary Payer Information Time Limitations for Group Health Plan Recoveries Actual Notice Contractor History Search Aggregate Claims for Recovery Documentation of Debt Recovery Attempt Audit Trails Summary of Medicare Reimbursement Claim Facsimiles for Each Claim Mistakenly Paid IRS/SSA/CMS Mistaken Payment Recovery Tracking System Inpatient, Skilled Nursing Facility, and Religious Non-Medicare Health Care Outpatient Mistaken Payment Report Record Layout Home Health Agency Mistaken Payment Record Layout Communication Receive in Response to Recovery Actions 36 Update to the Healthcare Provider Taxonomy Codes Version 5.1
Medicare Financial Management (CMS—Pub. 100–06)
71 Notice of New Interest Rate for Medicare Overpayments and Underpayments 72 Claims Accounts Receivable Update Intermediary Claims Accounts Receivable Financial Reporting for Intermediary Claims Accounts Receivable 73 This Transmittal is rescinded and replaced by Transmittal 75 74 Discovery Code Indication for Recovery Audit Contractor (RAC) Non-MSP Identified Overpayments 75 New Thresholds for 2nd Demand Letter for Physicians/Suppliers Part B Overpayment Demand Letters to Physicians/Suppliers 76 Development of New Report to Capture Benefits, Improvement and Protection Act and Medicare Prescription Drug, Improve- ment, and Modernization Act Appeals Data Monthly Statistical Report on Intermediary and Carrier Part A and Part B Appeals Activity Form Redeterminations Qualified Independent Contractor Reconsiderations Administrative Law Judge Results Department Appeals Board Effectuations Clerical Error Reopenings Validation of Reports 77 Non-Medicare Secondary Payer Debt Referral and Debt Collection Improvement Act of 1996 Activities Background Cross Servicing Treasury Offset Program Definition of Delinquent Debt Referral Requirements Exemptions to Referral Debt to be Referred Delinquent Non-Medicare Secondary Payer Fiscal Intermediary Debt, Including Debt on the Provider Overpayment Reporting System Delinquent Non-Medicare Secondary Payer Medicare Carrier Debt, Including Debt on the Physician/Supplier Overpayment Re- porting System Delinquent Non-Medicare Secondary Payer Debt Previously Ineligible for Referral Debt Collection Improvement Act Language/Intent to Refer Letter Response to ‘‘Intent to Refer’’ Letter Provider Overpayment Reporting System Updates Physician/Supplier Overpayment Reporting System Updates Cross Servicing Collection Efforts Actions Subsequent to Debt Collection System Input Transmission of Debt Update to Debt Collection System After Transmission Financial Reporting for Debt Referred Financial Reporting for Non-Medicare Secondary Payer Debt
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
78 Coordination of Benefits Agreement Process for Contractor Financial Staff Notification
Medicare State Operations Manual (CMS—Pub. 100–07)
09 Revision of Appendix P and Certain Exhibits of the State Operations Manual 10 Revisions—Appendix J—Interpretive Guidelines Intermediate Care Facilities With Mental Retardation 11 Revised Chapter 2—‘‘The Certification Process,’’ Sections 2180E thru 2200F, and Appendix B—‘‘Interpretive Guidelines: Home Health Agencies’’
Medicare Program Integrity (CMS—Pub. 100–08)
115 Program Integrity Manual Revision Affiliated Contractor/Full Program Safeguard Contractor Communication With the Comprehensive Error Rate Testing Contractor Overview of the Comprehensive Error Rate Testing Process Providing Sample Information to the Comprehensive Error Rate Testing Contractor Providing Review Information to the Comprehensive Error Rate Testing Contractor Providing Feedback Information to the Comprehensive Error Rate Testing Contractor Disputing/Disagreeing With a Comprehensive Error Rate Testing Decision Handling Overpayments and Underpayments Result- ing From the Comprehensive Error Rate Testing Findings Handling Appeals Resulting From Comprehensive Error Rate Testing Initiated Denials Tracking Overpayments Tracking Appeals Potential Fraud Full Program Safeguard Contractor Requirements Involving Comprehensive Error Rate Testing Information Dissemination Full Program Safeguard Contractor Error Rate Reduction Plan Contacting Non-Responders Late Documentation Received by the Comprehensive Error Rate Testing Contractor Voluntary Refunds Local Coverage Determination/National Coverage Determination Comprehensive Error Rate Testing Review Contractor Review Guidelines 116 Revise the Fiscal Intermediary Shared System to Allow Reporting of Data for the Comprehensive Error Rate Testing Program Resolution File at a Line Level 117 Revise the Medicare Contractor System and the VIPS Medicare System To Allow Update of the Comprehensive Error Rate Testing Program Resolution File Within Five Business Days of a Comprehensive Error Rate Testing Request 118 Various Benefit Integrity Clarifications Goal of Medical Review Program Overpayment Procedures Disposition of the Suspension The Medicare Fraud Program Program Safeguard Contractor and Medicare Contractor Benefit Integrity Unit Organizational Requirements Training for Law Enforcement Organizations Procedural Requirements Requests for Information From Outside Organizations Sharing Fraud Referrals Between the Office of Inspector General and the Department of Justice Complaint Screening Investigations Conducting Investigations Disposition of Cases Reversed Denials by Administrative Law Judges on Open Cases Types of Fraud Alerts Coordination Investigation, Case, and Suspension Entries Update Requirements for Cases Closing Investigations Deleting Investigations, Cases, or Suspensions Access Harkin Grantees or Senior Medicare Patrol—Complaint Tracking System Harkin Grantees or Senior Medicare Patrol Project Description Harkin Grantees Tracking System Instructions System Access to Metaframe and Data Collection Data Dissemination/Aggregate Report Referral of Cases to the Office of the Inspector General/Office of Investigations Immediate Advisements to the Office of Inspector General/Office of Investigations Denial of Payments for Cases Referred to and Accepted by Office of Inspector General/Office of Investigations Take Administrative Action on Cases Referred to and Refused by Office of Inspector General /Office of Investigations Referral to State Agencies or Other Organizations Referral to Quality Improvement Organizations
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
Referral Process to CMS Referrals to Office of Inspector General Breaches of Assignment Agreement by Physician or Other Supplier Annual Deceased-Beneficiary Postpayment Review Vulnerability Report 119 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 120 Correction to Change Request (CR) 3222: Local Medical Review Policy/Local Coverage Determination Medicare Summary No- tice Message Revision Denials Notices 121 This Transmittal is rescinded and replaced by Transmittal 124 122 Medical Review Collection Number Requirements Overview of Prepayment and Postpayment Review for Medical Review Purposes 123 Chapter 3, Medicare Modernization Act Section 935 Verifying Potential Errors and Setting Priorities Determining Whether the Problem Is Widespread or Provider Specific Overpayment Procedures ‘‘Probe’’ Reviews 124 Evidence of Medical Necessity: Wheelchair and Power Operated Vehicle Claims 125 Medical Review Additional Documentation Requests Additional Documentation Requests During Prepayment or Postpayment Medical Review
Medicare Contractor Beneficiary and Provider Communications (CMS—Pub. 100–09)
12 Next Generation Desktop Testing Requirements 13 Provider Contact Centers Training Program Guidelines for Telephone Service Staff Development and Training
Medicare Managed Care (CMS—Pub. 100–16)
66 Beneficiary Enrollment and Disenrollment Requirements for Medicare Advantage Plans Changes in Requirements for Periodic Surveys of Current and Former Enrollees, and in the CMS Method for Calculating Inter- est on Overpayment and Underpayments to Health Maintenance Organizations, Comprehensive Medical Plans and Health Care Prepayment Plans 67 Initial Publication of Chapter 1—General Provisions Introduction Definitions Types of Medical Assistance Plans Cost Sharing in Enrollment—Related Costs 68 Revisions to Chapter 12, ‘‘Effect of Change of Ownership,’’ and Chapter 14, ‘‘Contract Determination and Appeals’’ Effect of Change of Ownership What Constitutes a Change of Ownership Address for Sending Notifications to CMS When a Novation Agreement Is Required Acceptable Novation Agreements Contract Determination Notice Postponement of the Contract Determination’s Effective Date Reconsiderations Time Frames for Filing a Reconsideration Request Parties to the Hearing Conduct and Record of a Hearing Reopening of Contract Reconsidered Determination or Decision of a Hearing Officer or the Administrator 69 Beneficiary Enrollment and Disenrollment Requirements for Medicare Advantage Plans 70 Deletion of MCM Chapter 19—The Enrollment and Payment User’s Guide, and Chapter 20—Managed Care and Medical Assist- ance Business Requirements 71 Changes in Manual Instructions for Benefits and Beneficiary Protections Basic Rules Types of Benefits Availability and Structure of Plans CMS Review and Approval of M+C Benefit—rewritten and relocated to § 20 Requirements Relating to Medicare Conditions of Participation—renumbered as § 4.10.7 Provider Networks—renumbered as new § 10.8 and parts of the old § 20, ‘‘Original Medicare Covered Benefits’’ CMS Approval of Proposed Plan MA Benefits—old 10.7 revised and located here General Guidelines on Benefit Approval Screening Mammography, Influenza Vaccine, and Pneumococcal Vaccine Inpatient Hospital Rehabilitation Service Value-Added Items and Services Prescription Drug Discount Programs
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
Waiting Periods and Exclusions That Are Not Present in Original Medicare Annual Beneficiary Out-of-Pocket Cap Drug Benefits Drugs That Are Covered Under Original Medicare Mid-Year Benefit Enhancements Multi-Year Benefits Return to Home Skilled Nursing Facility Guidance on Acceptable Cost-Sharing and Deductibles Homemaker Services Caregiver Resource Services Electronic Monitoring Dentures Chiropractic Services Cash Beauty Parlor Transportation Safety Items Travel for Transplants Meals Basic Benefits Cost-sharing Rules for Medical Assistance Regional Plans Supplemental Benefits and Mandatory Supplemental and Optional Supplemental Basic Versus Supplemental Benefits The Annual Deductible General Rule Accessing Plan Contracting Providers Enrollee Information and Disclosure Definitions Factors That Influence Service Area Approval The ‘‘County Integrity Rule’’ General Rule Employer Plans Basic Rule Medicare Benefits Secondary to Group Health Plans and Large Group Health Plans Medicare Secondary Payer Rules and State Laws Discrimination Against Beneficiaries Prohibited Disclosure Requirements at Enrollment (and Annually Thereafter) Information Pertaining to a Medical Assistance Organization Changing Their Rules or Provider Network Other Information That Is Disclosable Upon Request Access and Availability Rules for Coordinated Care Plans Emergency and Urgently Needed Services Post-Stabilization Care Services General Description Private Fee-for-Service Plan Terms and Conditions of Participation Provider Types—Direct Contracting, Deemed Contracting, Non-Contracting Access to Services Payments and Balance Billing Advance Notice of Coverage Prompt Payment Requirements Original Medicare vs. Estimated Payment Amounts Table Summarizing Private Fee-for-Service Plan Provider Types and Rules 72 Changes in Manual Instructions for Intermediate Sanctions Types of Intermediate Sanctions General Basis for Imposing Intermediate Sanctions on Medical Assistance Organizations Imposing Sanctions for Specific Medical Assistance Contract Violations Civil Monetary Penalties for Medical Assistance Organizations That Improperly Terminate the Medical Assistance Contract CMS Process for Suspending Marketing, Enrollment, and Payment Contract Termination by CMS
Medicare Business Partners Systems Security (CMS—Pub. 100–17)
00 None
Demonstrations (CMS—Pub. 100–19)
26 This Transmittal is rescinded and replaced by Transmittal 27 27 The Medicare Chronic Care Improvement, ‘‘Medicare Health Support,’’ Program 28 The Medicare Care Management for High Cost Beneficiaries Demonstration
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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [July through September 2005]
Transmittal No. Manual/Subject/Publication No.
One-Time Notification (CMS—Pub. 100–20)
161 Kansas Blue Cross Blue Shield Carrier Numbering Issue 162 Instructions for Fiscal Intermediary Standard System and Multi-Carrier System Healthcare Integrated General Ledger Accounting System Changes 163 Qualified Independent Contractor Jurisdictions 164 Medicare HIPAA Electronic Claims Report—Third Reporting Timeframe Extension 165 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 166 This Transmittal is rescinded and replaced by Transmittal 173 167 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction 168 Shared System Maintainer Hours for Resolution of Problems Detected During Health Insurance Portability and Accountability Act Transaction January 2006 Release Testing 169 Analysis of Systems Improvements to Streamline POS Code Set Updates 170 Updates to the Coordination of Benefits Agreement Insurance File for Use in the National Claims Crossover Program 171 Preliminary system updates in preparation for ending the Medicare contingency plan in October 2005 172 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 173 Overnight Oximetry Testing 174 Fiscal Intermediary Shared System Modification 175 Common Working File Calculation of Next Eligible Date for Preventive Services 176 Change of the CareFirst Part A Plan to Highmark in the State of Maryland and Washington, DC 177 Termination of Existing Crossover Agreements as Trading Partners Transition to the National Coordination of Benefits Agreement Program 178 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 179 Calculation of the Interim Payment of Indirect Medical Education Through the Inpatient Prospective Payment Pricer for Hospitals That Received an Increase to Their Full-Time Equivalent Resident Cap Under Section 422 of the Medicare Modernization Act, P.L. 108–173 180 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction 181 National Modifier and Condition Code To Be Used To Identify Disaster Disaster Related Claims
ADDENDUM IV.—REGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTER [July through September 2005]
FR Vol. 70 Publication date page CFR parts affected File code Title of regulation number
July 6, 2005 ...... 39022 414 ...... CMS–3125– Medicare Program; Competitive Acquisition of Outpatient IFC Drugs and Biologicals Under Part B. July 8, 2005 ...... 39514 ...... CMS–1288–N Medicare Program; Meeting of the Advisory Panel on Ambulatory Payment Classification (APC) Groups— August 17, 18, and 19, 2005. July 12, 2005 ...... 40039 ...... CMS–2212–N Medicaid Program; Meeting of the Medicaid Commis- sion—July 27, 2005. July 14, 2005 ...... 40788 484 ...... CMS–1301–P Medicare Program; Home Health Prospective Payment System Rate Update for Calendar Year 2006. July 14, 2005 ...... 40709 ...... CMS–1288– Medicare Program; Meeting of the Advisory Panel on CN Ambulatory Payment Classification (APC) Groups— August 17, 18, and 19, 2005; Correction. July 22, 2005 ...... 42331 ...... CMS–3142– Medicare Program; Evaluation Criteria and Standards for FN Quality Improvement Program Contracts. July 22, 2005 ...... 42330 ...... CMS–1315–N Medicare Program; August 22, 2005, Meeting of Prac- ticing Physicians Advisory Council and Request for Nominations. July 22, 2005 ...... 42329 ...... CMS–3153–N Medicare Program; Meeting of the Medicare Coverage Advisory Committee—October 6, 2005. July 22, 2005 ...... 42328 ...... CMS–4093–N Medicare Program; Request for Nominations for the Ad- visory Panel on Medicare Education. July 22, 2005 ...... 42327 ...... CMS–3158–N Medicare Program; Request for Nominations for Mem- bers for the Medicare Coverage Advisory Committee. July 22, 2005 ...... 42276 146 ...... CMS–4094– Amendment to the Interim Final Regulation for Mental F3 Health Parity. July 25, 2005 ...... 42674 419 and 485 ...... CMS–1501–P Medicare Program; Proposed Changes to the Hospital Outpatient Prospective Payment System and Calendar Year 2006 Payment Rates. August 4, 2005 ...... 45130 418 ...... CMS–1286–F Medicare Program; Hospice Wage Index for Fiscal Year 2006.
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ADDENDUM IV.—REGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTER—Continued [July through September 2005]
FR Vol. 70 Publication date page CFR parts affected File code Title of regulation number
August 4, 2005 ...... 45026 409, 411, 424, and 489 ...... CMS–1282–F Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2006. August 4, 2005 ...... 44930 ...... CMS–2220–N Medicare Program; Meeting of the Medicaid Commis- sion—August 17–18, 2005. August 4, 2005 ...... 44879 402 ...... CMS–6019–P Medicare Program; Revised Civil Money Penalties, As- sessments, Exclusions, and Related Appeals Proce- dures. August 8, 2005 ...... 45764 405, 410, 411, 413, 414, CMS–1502–P Medicare Program; Revisions to Payment Policies Under and 426. the Physician Fee Schedule for Calendar Year 2006. August 12, 2005 ...... 47278 405, 412, 413, 415, 419, CMS–1500–F Medicare Program; Changes to the Hospital Inpatient 422, and 485. Prospective Payment Systems and Fiscal Year 2006 Rates. August 15, 2005 ...... 47880 412 ...... CMS–1290–F Medicare Program; Inpatient Rehabilitation Facility Pro- spective Payment System for FY 2006. August 15, 2005 ...... 47759 483 ...... CMS–3198–P Medicare and Medicaid Programs; Condition of Partici- pation: Immunization Standard for Long Term Care Facilities. August 26, 2005 ...... 50940 410 ...... CMS–3017– Medicare Program; Conditions for Payment of Power IFC Mobility Devices, including Power Wheelchairs and Power-Operated Vehicles. August 26, 2005 ...... 50680 419 and 485 ...... CMS–1501– Medicare Program; Proposed Changes to the Hospital CN Outpatient Prospective Payment System and Calendar Year 2006 Payment Rates; Correction. August 26, 2005 ...... 50375 ...... CMS–4111–N Medicare Program; Meeting of the Advisory Panel on Medicare Education, September 27, 2005. August 26, 2005 ...... 50374 ...... CMS–1330–N Medicare Program; Town Hall Meeting on the Medicare Provider Feedback Group (MPFG)—September 12, 2005. August 26, 2005 ...... 50373 ...... CMS–4106– Medicare Program; Changes in Medicare Advantage PN Deeming Authority. August 26, 2005 ...... 50372 ...... CMS–1309– Medicare and Medicaid Programs; Announcement of an NC Application From a Hospital Requesting Waiver for Organ Procurement Service Area. August 26, 2005 ...... 50358 ...... CMS–2209–N Medicaid Program; Fiscal Disproportionate Share Hos- pital Allotments and Disproportionate Share Hospital Institutions for Mental Disease Limits. August 26, 2005 ...... 50358 ...... CMS–1486–N Medicare Program; Announcement of New Members of the Advisory Panel on Ambulatory Payment Classifica- tion (APC) Groups. August 26, 2005 ...... 50262 447 and 455 ...... CMS–2198–P Medicaid Program; Disproportionate Share Hospital Pay- ments. August 26, 2005 ...... 50214 433 ...... CMS–2210– Medicaid Program; State Allotments for Payment of IFC Medicare Part B Premiums for Qualifying Individuals: Federal Fiscal Year 2005. August 26, 2005 ...... 50214 405 ...... CMS–4064– Medicare Program; Changes to the Medicare Claims Ap- IFC3 peal Procedures: Correcting Amendment to a Cor- recting Amendment. August 30, 2005 ...... 51321 410 ...... CMS–6024–P Medicare Program; Prior Determination for Certain Items and Services. September 1, 2005 ...... 52105 ...... CMS–1308– Medicare Program; Withdrawal of Ambulance Fee NC Schedule Issued in Accordance With Federal District Court Order in Lifestar Ambulance v. United States, No. 4:02–CV–127–1 (M.D. Ga., Jan. 16, 2003)—Medi- care Covered Ambulance Services. September 1, 2005 ...... 52056 405, 410, 411, 413, 414, CMS–1502– Medicare Program; Revisions to Payment Policies Under and 426. CN the Physician Fee Schedule for Calendar Year 2006; Correction. September 1, 2005 ...... 52023 422 ...... CMS–4069– Medicare Program; Establishment of the Medicare Ad- F3 vantage Program; Correcting Amendment; Partial Stay of Effectiveness. September 1, 2005 ...... 52019 403 ...... CMS–4063–F Medicare Program; Medicare Prescription Drug Discount Card; Revision of Marketing Rules for Endorsed Drug Card Sponsors. September 6, 2005 ...... 52930 414 ...... CMS–1325– Medicare Program; Competitive Acquisition of Outpatient IFC2 Drugs and Biologicals Under Part B: Interpretation and Correction.
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ADDENDUM IV.—REGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTER—Continued [July through September 2005]
FR Vol. 70 Publication date page CFR parts affected File code Title of regulation number
September 16, 2005 ...... 54751 ...... CMS–5017–N Medicare Program; Medicare Health Care Quality (MHCQ) Demonstration Programs. September 23, 2005 ...... 55905 ...... CMS–3159–N Medicare Program; Meeting of the Medicare Coverage Advisory Committee—November 29, 2005. September 23, 2005 ...... 55903 ...... CMS–1269– Medicare Program; Emergency Medical Treatment and N5 Labor Act (EMTALA) Technical Advisory Group (TAG) Meeting—October 26, 2005 Through October 28, 2005. September 23, 2005 ...... 55897 ...... CMS–8027–N Medicare Program; Medicare Part B Monthly Actuarial Rates, Premium Rate, and Annual Deductible for Cal- endar Year 2006. September 23, 2005 ...... 55896 ...... CMS–8025–N Medicare Program; Part A Premium for Calendar Year 2006 for the Uninsured Aged and for Certain Disabled Individuals Who Have Exhausted Other Entitlement. September 23, 2005 ...... 55887 ...... CMS–1307– Medicare Program; Criteria and Standards for Evaluating GNC Intermediary, Carrier, and Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Re- gional Carrier Performance During Fiscal Year 2006. September 23, 2005 ...... 55885 ...... CMS–8026–N Medicare Program; Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts for Calendar Year 2006. September 23, 2005 ...... 55863 ...... CMS–9032–N Medicare and Medicaid Programs; Quarterly Listing of Program Issuances-April Through June 2005. September 23, 2005 ...... 55862 ...... CMS–2227– Medicare and Medicaid Programs; Application by the Ac- PN creditation Commission of Healthcare for Deeming Au- thority for Home Health Agencies. September 23, 2005 ...... 55812 447 and 455 ...... CMS–2198– Medicaid Program; Disproportionate Share Hospital Pay- CN ments. September 29, 2005 ...... 56901 ...... CMS–2230– State Children’s Health Insurance Program (SCHIP); Re- FN distribution of Unexpended SCHIP Funds From the Appropriation for Fiscal Year 2002. September 30, 2005 ...... 57376 505 ...... CMS–1320–P Medicare Program; Health care Infrastructure Improve- ment Program; Forgiveness of Indebtness. September 30, 2005 ...... 57368 505 ...... CMS–1287– Medicare Program; Health Care Infrastructure Improve- IFC ment Program; Selection Criteria of Loan Program for Qualifying Hospitals Engaged in Cancer-Related Health Care. September 30, 2005 ...... 57300 ...... CMS–1307– Medicare Program; Criteria and Standards for Evaluating CN Intermediary, Carrier, and Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Re- gional Carrier Performance During Fiscal Year 2006; Correction Notice. September 30, 2005 ...... 57297 ...... CMS–3144– Medicare Program; Calendar Year 2005 Review of Ap- NC propriateness of Payment Amounts for New Tech- nology Intraocular Lenses (NTIOLs) Furnished by Am- bulatory Surgical Centers (ASCs). September 30, 2005 ...... 57296 ...... CMS–1269– Medicare Program; Emergency Medical Treatment and N6 Labor Act (EMTALA) Technical Advisory Group (TAG): Announcement of a New Member. September 30, 2005 ...... 57174 418 ...... CMS–1286– Medicare Program; Hospice Wage Index for Fiscal Year CN 2006. September 30, 2005 ...... 57166 412 ...... CMS–1290– Medicare Program; Inpatient Rehabilitation Facility Pro- CN spective Payment System for FY 2006; Correction. September 30, 2005 ...... 57164 411 and 424 ...... CMS–1282– Medicare Program; Prospective Payment System and CN Consolidated Billing for Skilled Nursing Facilities; Cor- rection. September 30, 2005 ...... 57161 405, 412, 413, 415, 419, CMS–1500– Medicare Program; Changes to the Hospital Inpatient 422, and 485. CN Prospective Payment Systems and Fiscal Year 2006 Rates; Correction.
Addendum V—National Coverage respect to whether or not a particular item or with respect to the amount of payment made Determinations service is covered nationally under Title for a particular item or service so covered. XVIII of the Social Security Act, but does not We include below all of the NCDs that were [July Through September 2005] include a determination of what code, if any, issued during the quarter covered by this A national coverage determination (NCD) is assigned to a particular item or service notice. The entries below include is a determination by the Secretary with covered under this title, or determination information concerning completed decisions
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as well as sections on program and decision The following list includes all Category B G050136 memoranda, which also announce pending IDEs approved by FDA during the second G050141 decisions or, in some cases, explain why it quarter, July through September 2005. G050144 G050145 was not appropriate to issue an NCD. We IDE/Category identify completed decisions by the section G050146 G040204 of the NCDM in which the decision appears, G050147 G050005 G050148 the title, the date the publication was issued, G050016 G050149 and the effective date of the decision. G050028 G050153 Information on completed decisions as well G050035 G050155 as pending decisions has also been posted on G050036 G050158 G050041 the CMS Web site at http://cms.hhs.gov/ G050160 G050044 coverage. G050161 G050069 G050163 National Coverage Determinations G050072 G050082 G050165 [July Through September 2005] G050086 G050166 There were no new NCDs posted during G050103 G050170 G050172 this time period. G050107 G050108 G050174 Addendum VI—FDA-Approved Category B G050112 G050177 IDEs G050113 G050178 G050114 G050180 [July Through September 2005] G050117 G050181 Under the Food, Drug, and Cosmetic Act G050119 G050182 (21 U.S.C. 360c) devices fall into one of three G050120 G050183 G050122 classes. To assist CMS under this Addendum VII—Approval Numbers for G050123 categorization process, the FDA assigns one Collections of Information of two categories to each FDA-approved IDE. G050125 G050127 Below we list all approval numbers for Category A refers to experimental IDEs, and G050129 collections of information in the referenced Category B refers to non-experimental IDEs. G050130 sections of CMS regulations in Title 42; Title To obtain more information about the classes G050132 45, Subchapter C; and Title 20 of the Code or categories, please refer to the Federal G050133 of Federal Regulations, which have been Register notice published on April 21, 1997 G050134 approved by the Office of Management and (62 FR 19328). G050135 Budget:
OMB CONTROL NUMBERS [Approved CFR Sections in Title 42, Title 45, and Title 20 (Note: Sections in Title 45 are preceded by ‘‘45 CFR,’’ and sections in Title 20 are preceded by ‘‘20 CFR’’)]
OMB number Approved CFR sections
0938–0008 ...... 414.40, 424.32, 424.44 0938–0022 ...... 413.20, 413.24, 413.106 0938–0023 ...... 424.103 0938–0025 ...... 406.28, 407.27 0938–0027 ...... 486.100–486.110 0938–0033 ...... 405.807 0938–0035 ...... 407.40 0938–0037 ...... 413.20, 413.24 0938–0041 ...... 408.6, 408.22 0938–0042 ...... 410.40, 424.124 0938–0045 ...... 405.711 0938–0046 ...... 405.2133 0938–0050 ...... 413.20, 413.24 0938–0062 ...... 431.151, 435.1009, 440.220, 440.250, 442.1, 442.10–442.16, 442.30, 442.40, 442.42, 442.100–442.119, 483.400–483.480, 488.332, 488.400, 498.3–498.5 0938–0065 ...... 485.701–485.729 0938–0074 ...... 491.1–491.11 0938–0080 ...... 406.7, 406.13 0938–0086 ...... 420.200–420.206, 455.100–455.106 0938–0101 ...... 430.30 0938–0102 ...... 413.20, 413.24 0938–0107 ...... 413.20, 413.24 0938–0146 ...... 431.800–431.865 0938–0147 ...... 431.800–431.865 0938–0151 ...... 493.1357, 493.1363, 493.1405, 493.1406, 493.1411, 493.1417, 493.1423, 493.1443, 493.1449, 493.1455, 493.1461, 493.1462, 493.1469, 493.1483, 493.1489, 493.1491 0938–0155 ...... 405.2470 0938–0170 ...... 493.1269–493.1285 0938–0193 ...... 430.10–430.20, 440.167 0938–0202 ...... 413.17, 413.20 0938–0214 ...... 411.25, 489.2, 489.20 0938–0236 ...... 413.20, 413.24 0938–0242 ...... 442.30, 488.26 0938–0245 ...... 407.10, 407.11
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OMB CONTROL NUMBERS—Continued [Approved CFR Sections in Title 42, Title 45, and Title 20 (Note: Sections in Title 45 are preceded by ‘‘45 CFR,’’ and sections in Title 20 are preceded by ‘‘20 CFR’’)]
OMB number Approved CFR sections
0938–0246 ...... 431.800–431.865 0938–0251 ...... 406.7 0938–0266 ...... 416.41, 416.47, 416.48, 416.43 0938–0267 ...... 410.65, 485.56, 485.58, 485.60, 485.64, 485.66 0938–0269 ...... 412.116, 412.632, 413.64, 413.350, 484.245 0938–0270 ...... 405.376 0938–0272 ...... 440.180, 441.300–441.305 0938–0273 ...... 485.701–485.729 0938–0279 ...... 424.5 0938–0287 ...... 447.31 0938–0296 ...... 413.170, 413.184 0938–0301 ...... 413.20, 413.24 0938–0302 ...... 418.22, 418.24, 418.28, 418.56, 418.58, 418.70, 418.74, 418.83, 418.96, 418.100 0938–0313 ...... 489.11, 489.20 0938–0328 ...... 482.12, 482.13, 482.21, 482.22, 482.27, 482.30, 482.41, 482.43, 482.45, 482.53, 482.56, 482.57, 482.60, 482.61, 482.62, 485.618, 485.631 0938–0334 ...... 491.9, 491.10 0938–0338 ...... 486.104, 486.106, 486.110 0938–0354 ...... 441.60 0938–0355 ...... 442.30, 488.26 0938–0357 ...... 409.40–409.50, 410.36, 410.170, 411.4–411.15, 421.100, 424.22, 484.18, 489.21 0938–0358 ...... 412.20–412.30 0938–0359 ...... 412.40–412.52 0938–0360 ...... 488.60 0938–0365 ...... 484.10, 484.11, 484.12, 484.14, 484.16, 484.18, 484.20, 484.36, 484.48, 484.52 0938–0372 ...... 414.330 0938–0378 ...... 482.60–482.62 0938–0379 ...... 442.30, 488.26 0938–0382 ...... 442.30, 488.26 0938–0386 ...... 405.2100–405.2171 0938–0391 ...... 488.18, 488.26, 488.28 0938–0426 ...... 476.104, 476.105, 476.116, 476.134 0938–0429 ...... 447.53 0938–0443 ...... 473.18, 473.34, 473.36, 473.42 0938–0444 ...... 1004.40, 1004.50, 1004.60, 1004.70 0938–0445 ...... 412.44, 412.46, 431.630, 456.654, 466.71, 466.73, 466.74, 466.78 0938–0447 ...... 405.2133 0938–0448 ...... 405.2133, 45 CFR 5, 5b; 20 CFR Parts 401, 422 Subpart E 0938–0449 440.180, 441.300– 441.310 0938–0454 ...... 424.20 0938–0456 ...... 412.105 0938–0463 ...... 413.20, 413.24, 413.106 0938–0467 ...... 431.17, 431.306, 435.910, 435.920, 435.940–435.960 0938–0469 ...... 417.126, 422.502, 422.516 0938–0470 ...... 417.143, 417.800–417.840, 422.6 0938–0477 ...... 412.92 0938–0484 ...... 424.123 0938–0501 ...... 406.15 0938–0502 ...... 433.138 0938–0512 ...... 486.304, 486.306, 486.307 0938–0526 ...... 475.102, 475.103, 475.104, 475.105, 475.106 0938–0534 ...... 410.38, 424.5 0938–0544 ...... 493.1–493.2001 0938–0564 ...... 411.32 0938–0565 ...... 411.20–411.206 0938–0566 ...... 411.404, 411.406, 411.408 0938–0573 ...... 412.230, 412.256 0938–0578 ...... 447.534 0938–0581 ...... 493.1–493.2001 0938–0599 ...... 493.1–493.2001 0938–0600 ...... 405.371, 405.378, 413.20 0938–0610 ...... 484.10, 489.102 0938–0612 ...... 493.801, 493.803, 493.1232, 493.1233, 493.1234, 493.1235, 493.1236, 493.1239, 493.1241, 493.1242, 493.1249, 493.1251, 493, 1252, 493.1253, 493.1254, 493.1255, 493.1256, 493.1261, 493.1262, 493.1263, 493.1269, 493.1273, 493.1274, 493.1278, 493.1283, 493.1289, 493.1291, 493.1299 0938–0618 ...... 433.68, 433.74, 447.272 0938–0653 ...... 493.1771, 493.1773, 493.1777 0938–0657 ...... 405.2110, 405.2112 0938–0658 ...... 405.2110, 405.2112
VerDate Aug<31>2005 16:55 Dec 22, 2005 Jkt 208001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 wwhite on PROD1PC61 with NOTICES 76308 Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005 / Notices
OMB CONTROL NUMBERS—Continued [Approved CFR Sections in Title 42, Title 45, and Title 20 (Note: Sections in Title 45 are preceded by ‘‘45 CFR,’’ and sections in Title 20 are preceded by ‘‘20 CFR’’)]
OMB number Approved CFR sections
0938–0659 ...... 456.700, 456.705, 456.709, 456.711, 456.712 0938–0667 ...... 482.12, 488.18, 489.20, 489.24 0938–0679 ...... 410.38 0938–0685 ...... 410.32, 410.71, 413.17, 424.57, 424.73, 424.80, 440.30, 484.12 0938–0686 ...... 493.551–493.557 0938–0688 ...... 486.304, 486.306, 486.307, 486.310, 486.316, 486.318, 486.325 0938–0691 ...... 412.106 0938–0692 ...... 466.78, 489.20, 489.27 0938–0701 ...... 422.152 0938–0702 ...... 45 CFR 146.111, 146.115, 146.117, 146.150, 146.152, 146.160, 146.180 0938–0703 ...... 45 CFR 148.120, 148.124, 148.126, 148.128 0938–0713 ...... 441.16, 489.66, 489.67 0938–0714 ...... 411.370–411.389 0938–0717 ...... 424.57 0938–0721 ...... 410.33 0938–0723 ...... 421.300–421.318 0938–0730 ...... 405.410, 405.430, 405.435, 405.440, 405.445, 405.455, 410.61, 415.110, 424.24 0938–0732 ...... 417.126, 417.470 0938–0734 ...... 45 CFR 5b 0938–0739 ...... 413.337, 413.343, 424.32, 483.20 0938–0742 ...... 422.300–422.312 0938–0749 ...... 424.57 0938–0753 ...... 422.000–422.700 0938–0754 ...... 441.151, 441.152 0938–0758 ...... 413.20, 413.24 0938–0760 ...... 484 Subpart E, 484.55, 484.205, 484.245, 484.250 0938–0761 ...... 484.11, 484.20 0938–0763 ...... 422.1–422.10, 422.50–422.80, 422.100–422.132, 422.300–422.312, 422.400–422.404, 422.560–422.622 0938–0770 ...... 410.2 0938–0778 ...... 422.64, 422.111 0938–0779 ...... 417.126, 417.470, 422.64, 422.210 0938–0781 ...... 411.404–411.406, 484.10 0938–0786 ...... 438.352, 438.360, 438.362, 438.364 0938–0783 ...... 422.66, 422.562, 422.564, 422.568, 422.570, 422.572, 422.582, 422.584, 422.586, 422.590, 422.594, 422.602, 422.612, 422.618, 422.619, 422.620, 422.622 0938–0787 ...... 406.28, 407.27 0938–0790 ...... 460.12, 460.22, 460.26, 460.30, 460.32, 460.52, 460.60, 460.70, 460.71, 460.72, 460.74, 460.80, 460.82, 460.98, 460.100, 460.102, 460.104, 460.106, 460.110, 460.112, 460.116, 460.118, 460.120, 460.122, 460.124, 460.132, 460.152, 460.154, 460.156, 460.160, 460.164, 460.168, 460.172, 460.190, 460.196, 460.200, 460.202, 460.204, 460.208, 460.210 0938–0792 ...... 491.8, 491.11 0938–0798 ...... 413.24, 413.65, 419.42 0938–0802 ...... 419.43 0938–0818 ...... 410.141, 410.142, 410.143, 410.144, 410.145, 410.146, 414.63 0938–0829 ...... 422.568 0938–0832 ...... Parts 489 and 491 0938–0833 ...... 483.350–483.376 0938–0841 ...... 431.636, 457.50, 457.60, 457.70, 457.340, 457.350, 457.431, 457.440, 457.525, 457.560, 457.570, 457.740, 457.750, 457.810, 457.940, 457.945, 457.965, 457.985, 457.1005, 457.1015, 457.1180 0938–0842 ...... 412.23, 412.604, 412.606, 412.608, 412.610, 412.614, 412.618, 412.626, 413.64 0938–0846 ...... 411.352–411.361 0938–0857 ...... Part 419 0938–0860 ...... 413.65, 419.42 0938–0866 ...... 45 CFR Part 162 0938–0872 ...... 413.337, 483.20, 0938–0873 ...... 422.152 0938–0874 ...... 45 CFR Parts 160 and 162 0938–0878 ...... Part 422 Subpart F & G 0938–0883 ...... 45 CFR Parts 160 and 164 0938–0884 ...... 405.940 0938–0887 ...... 45 CFR 148.316, 148.318, 148.320 0938–0897 ...... 412.22, 412.533 0938–0907 ...... 412.230, 412.304, 413.65 0938–0910 ...... 422.620, 422.624, 422.626 0938–0911 ...... 426.400, 426.500 0938–0916 ...... 483.16
VerDate Aug<31>2005 16:55 Dec 22, 2005 Jkt 208001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 wwhite on PROD1PC61 with NOTICES Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005 / Notices 76309
OMB CONTROL NUMBERS—Continued [Approved CFR Sections in Title 42, Title 45, and Title 20 (Note: Sections in Title 45 are preceded by ‘‘45 CFR,’’ and sections in Title 20 are preceded by ‘‘20 CFR’’)]
OMB number Approved CFR sections
0938–0920 ...... 438.6, 438.8, 438.10, 438.12, 438.50, 438.56, 438.102, 438.114, 438.202, 438.206, 438.207, 438.240, 438.242, 438.402, 438.404, 438.406, 438.408, 438.410, 438.414, 438.416, 438.710, 438.722, 438.724, 438.810 0938–0921 ...... 414.804 0938–0931 ...... 45 CFR Part 142.408, 162.408, and 162.406 0938–0933 ...... 438.50 0938–0934 ...... 403.766 0938–0936 ...... 423 0938–0940 ...... 484 and 488 0938–0944 ...... 422.250, 422.252, 422.254, 422.256, 422.258, 422.262, 422.264, 422.266, 422.270, 422.300, 422.304, 422.306, 422.308, 422.310, 422.312, 422.314, 422.316, 422.318, 422.320, 422.322, 422.324, 423.251, 423.258, 423.265, 423.272, 423.279, 423.286, 423.293, 423.301, 423.308, 423.315, 423.322, 423.329, 423.336, 423.343, 423.346, 423.350 0938–0950 ...... 405.910 0938–0951 ...... 423.48 0938–0953 ...... 405.1200 and 405.1202 0938–0954 ...... 414.906, 414.908, 414.914, 414.916 0938–0957 ...... Part 423 Subpart R
Addendum VIII—Medicare-Approved Medicare Provider #190263 Medicare Provider #240036 Carotid Stent Facilities [July Through Johns Hopkins Hospital, 600 North Wolfe St. Joseph’s Regional Medical Center, 703 September 2005] Street, Baltimore, MD 21287–1629 Main Street, Paterson, NJ 07530 On March 17, 2005, we issued our decision Medicare Provider #210009 Medicare Provider #310019 memorandum on carotid artery stenting. We Kingman Regional Medical Center, 3269 St. Luke’s Hospital, 5901 Monclova Road, determined that carotid artery stenting with Stockton Hill Road, Kingman, AZ 86401 Maumee, OH 43537–1899 embolic protection is reasonable and necessary only if performed in facilities that Medicare Provider #030055 Medicare Provider #360090 have been determined to be competent in Lafayette General Medical Center, 1214 St. Vincent Hospital, 835 S. Van Buren performing the evaluation, procedure, and Coolidge Street, P.O. Box 52009, Street, P.O. Box 13508, Green Bay, WI follow-up necessary to ensure optimal Lafayette, LA 70505 54307–3508 patient outcomes. We have created a list of Medicare Provider #190002 Medicare Provider #520075 minimum standards for facilities modeled in part on professional society statements on Manatee Memorial Hospital and Health St. Vincent’s Medical Center, 1800 Barrs competency. All facilities must at least meet Systems, 206 2nd Street East, Bradenton, Street, Jacksonville, FL 32204 our standards in order to receive coverage for FL 34208 Medicare Provider #100040 carotid artery stenting for high risk patients. Medicare Provider #100035 Stormont-Vail HealthCare, 1500 S.W. 10th Effective Date—July 7, 2005 Mercy Health System, 1000 Mineral Point Avenue, Topeka, KS 66604–1353 Avenue, P.O. Box 5003, Janesville, WI Medicare Provider #170086 Antelope Valley Hospital, 1600 West Avenue 53547–5003 J, Lancaster, CA 93534 Tomball Regional Hospital, 605 Holderrieth Medicare Provider #520066 Medicare Provider #050056 Street, Tomball, TX 77375 The Methodist Hospital, 6565 Fannin Street, Baptist St. Anthony’s Hospital, 1600 Wallace Medicare Provider #450670 Boulevard, Amarillo, TX 79106 Houston, TX 77030 Trinity Mother Frances Health System, 800 E. Medicare Provider #450231 Medicare Provider #450358 Dawson, Tyler, TX 75701 Dayton Heart Hospital, 707 S. Edwin Moses Mohawk Valley Vascular Center of Faxton, Medicare Provider #450102 Boulevard, Dayton, OH 45408 St. Luke’s Healthcare, 1656 Champlain Medicare Provider #360253 Avenue, Utica, NY 13502 Effective Date—July 15, 2005 Duke Health Raleigh Hospital, 3400 Wake Medicare Provider #330044 Allen Memorial Hospital, 1825 Logan Forest Road, Raleigh, NC 27609 Northwest Medical Center, 2801 North State Avenue, Waterloo, IA 50703–1999 Medicare Provider #340073 Road 7, Margate, FL 33063–9002 Medicare Provider #160110 East Pasco Medical Center, 7050 Gall Medicare Provider #100189 Alta Bates Summit Medical Center, Alta Boulevard, Zephyrhills, FL 33541–1399 Oakwood Hospital and Medical Center, Bates Campus, 2450 Ashby Avenue Medicare Provider #100046 18101 Oakwood Boulevard, P.O. Box Berkley, CA 94705 2500, Dearborn, MI 48123–2500 FirstHealth Moore Regional Hospital, 1555 Medicare Provider #050305 Memorial Drive, P.O. Box 3000 Medicare Provider #230020 Alta Bates Summit Medical Center, Summit Pinehurst, NC 28374 Rhode Island Hospital, 593 Eddy Street, Campus, 350 Hawthorne Avenue, Medicare Provider #340115 Providence, RI 02903 Oakland, CA 94609 The George Washington University Hospital, Medicare Provider #041007 Medicare Provider #050043 900 23rd Street, NW., Washington, DC Scripps Green Hospital, 10666 North Torrey Banner Baywood Heart Hospital, 6750 East 20037 Pines Road, La Jolla, CA 92037–9100 Baywood Avenue, Mesa, AZ 85206 Medicare Provider #090001 Medicare Provider #050424 Medicare Provider #030105 Heart Hospital of Lafayette, 1105 Kaliste St. Cloud Hospital, 1406 Sixth Avenue North, Battle Creek Health System, 300 North Saloom Road, Lafayette, LA 70508 St. Cloud, MN 56303–1901 Avenue, Battle Creek, MI 49016
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Medicare Provider #230075 Medicare Provider #420026 University, 750 East Adams Street, Beth Israel Deaconess Medical Center, 330 Tucson Medical Center, 5301 East Grant Syracuse, NY 13210 Brookline Avenue, Boston, MA 02215 Road, Tucson, AZ 85712 Medicare Provider #330241 Medicare Provider #220086 Medicare Provider #030006 UT Southwestern University Hospitals—Zale BryanLGH Medical Center, 1600 South 48th UCLA Medical Center, 10833 Le Conte Lipshy, 5151 Harry Hines Boulevard, Street, Lincoln, NE 68506–1299 Avenue, Los Angeles, CA 90095–1730 Dallas, TX 75390 Medicare Provider #280003 Medicare Provider #050262 Medicare Provider #450766 Deborah Heart & Lung Center, 200 Trenton University of Colorado Hospital, 4200 East UT Southwestern University Hospitals—St. Road, Browns Mills, NJ 08015 9th Avenue, Denver, CO 80262 Paul, 5909 Harry Hines Boulevard, Medicare Provider #310031 Medicare Provider #060024 Dallas, TX 75390 Medicare Provider #450044 Erie County Medical Center Corporation, 462 Effective Date—July 20, 2005 Grinder Street, Buffalo, NY 14215 Christus St. Patrick Hospital, 524 South Ryan Effective Date—July 22, 2005 Medicare Provider #330219 Street, Lake Charles, LA 70601 Forrest General Hospital, 6051 Highway 49, Fairview Southdale Hospital, 6401 France Medicare Provider #190027 Hattiesburg, MS 39401–7243 Avenue, Edina, MN 55435 Condell Medical Center, 801 South Medicare Provider #250078 Medicare Provider #240078 Milwaukee Avenue, Libertyville, IL Hamilton Medical Center, P.O. Box 1168, Gratiot Medical Center, 300 East Warwick 60048 Dalton, GA 30722–1168 Drive, Alma, MI 48801–1096 Medicare Provider #140202 Medicare Provider #110001 Medicare Provider #230030 Florida Hospital Ormond Memorial, 875 Heritage Valley Health System, The Medical Harbor Hospital, 3001 South Hanover Street, Sterthaus Avenue, Ormond Beach, FL Center, 100 Dutch Ridge Road, Beaver, Baltimore, MD 21225–1290 32174 PA 15009–9700 Medicare Provider #210034 Medicare Provider #100169 Medicare Provider #390036 Holmes Regional Medical Center, 1350 South Lakewood Hospital, 14519 Detroit Avenue, Northeast Georgia Medical Center, 743 Hickory Street, Melbourne, FL 32901 Lakewood, OH 44107 Spring Street, Gainesville, GA 30501 Medicare Provider #100019 Medicare Provider #360212 Medicare Provider #110029 Holy Cross Hospital, 4725 North Federal Loma Linda University Medical Center, Wishard Health Services, 1001 West Tenth Highway, Fort Lauderdale, FL 33308 11234 Anderson Street, P.O. Box 2000, Street, Indianapolis, IN 46202 Medicare Provider #100073 Loma Linda, CA 92354 Medicare Provider #150024 Marion General Hospital, 1000 McKinley Medicare Provider #050327 Park Drive, Marion, OH 43301 Miami Valley Hospital, Medical Imaging, Effective Date—July 27, 2005 Medicare Provider #360011 One Wyoming Street, Dayton, OH East Texas Medical Center Athens, 2000 45409–2793 Mease Countryside Hospital, 3231 McMullen South Palestine, Athens, TX 75751 Medicare Provider #360051 Booth Road, Safety Harbor, FL 34695 Medicare Provider #450389 National Park Medical Center, 1910 Malvern Medicare Provider #100265 Glendale Adventist Medical Center, 1509 Avenue, Hot Springs, AR 71901 Mercy General Hospital, 4001 J Street, P.O. Wilson Terrace, Glendale, CA 91206 Medicare Provider #040078 Box 19245, Sacramento, CA 95819–9990 Medicare Provider #050239 Newark Beth Israel Medical Center, 201 Medicare Provider #050017 Lahey Clinic Medical Center, Inc., 41 Mall Lyons Avenue, Newark, NJ 07112 OU Medical Center, 1200 Everett Drive, Road, Burlington, MA 01805 Medicare Provider #310002 Oklahoma City, OK 73104 Medicare Provider #220171 Medicare Provider #370093 Salina Regional Health Center, P.O. Box 5080, Salina, KS 67402–5080 Saint Joseph Hospital, One Saint Joseph Pennsylvania Hospital of the University of Drive, Lexington, KY 40504 Medicare Provider #170012 Pennsylvania Health System, 800 Spruce Medicare Provider #180010 Street, Philadelphia, PA 19071–6192 Scott and White Memorial Hospital and St. Mary’s Medical Center, 2900 First Medicare Provider #390226 Scott, Sherwood and Brindley Foundation, 2401 South 31st Street, Avenue, Huntington, WV 25702 Provena Mercy Medical Center, 1325 North Temple, TX 76508 Medicare Provider #510007 Highland Avenue, Aurora, IL 60506 Medicare Provider #450054 Yakima Regional Medical and Cardiac Medicare Provider #140174 Sentra Norfolk General Hospital, 600 Center, 110 South 9th Avenue, Yakima, Reading Hospital and Medical Center, P.O. Gersham Drive, Norfolk, VA 23507 WA 98902 Box 16052, Reading, PA 19612–6052 Medicare Provider #490007 Medicare Provider #500012 Medicare Provider #390044 Spartanburg Regional Medical Center, 101 Effective Date—August 1, 2005 Regional Medical Center of Hopkins County, East Wood Street, Spartanburg, SC 29303 900 Hospital Drive, Madisonville, KY Alegent Health Bergan Mercy Medical 42431 Medicare Provider #420007 Center, 7500 Mercy Rd., Omaha, NE Medicare Provider #180093 St. Francis Hospital, 3237 South 16th Street, 68124–9832 Milwaukee, WI 53215–4592 Sacred Heart Medical Center, 101 West 8th Medicare Provider #280060 Avenue, P.O. Box 2555, Spokane, WA Medicare Provider #520078 Bon Secours DePaul Medical Center, 150 99220–2555 St. Vincent Indianapolis Hospital, 2001 West Kingsley Ln., Norfolk, VA 23505 Medicare Provider #500054 86th Street, Indianapolis, IN 46260 Medicare Provider #490011 Scripps Mercy Hospital, 4077 Fifth Avenue, Medicare Provider #150084 Hendrick Medical Center, 1900 Pine St., San Diego, CA 92103 Tulsa Regional Medical Center, 744 West 9th, Abilene, TX 79601–2316 Medicare Provider #050077 Tulsa, OK 74127 Medicare Provider #450229 Sisters of Charity Providence Hospitals, 2435 Medicare Provider #370078 Nebraska Heart Hospital, 7500 S. 91st St., Forest Drive, Columbia, SC 29204 University Hospital, SUNY Upstate Medical Lincoln, NE 68526
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Medicare Provider #280128 Medicare Provider #360077 Medicare Provider #100008 Singing River Hospital System, 3109 Forum Health-Northside Medical Center, Camden-Clark Memorial Hospital, 800 Bienville Blvd., Ocean Springs, MS Cardiovascular Administration, 500 Garfield Avenue, P.O. Box 718, 39564 Gypsy Lane, Youngstown, OH 44501 Parkersburg, WV 26102 Medicare Provider #250040 Medicare Provider #360141 Medicare Provider #510058 St. Peter’s Hospital,315 South Manning Mercy Hospital, 144 State Street, Portland, HCA Dauterive Hospital, 600 North Lewis Blvd., Albany, NY 12208 ME 04101 Avenue, New Iberia, LA 70563 Medicare Provider #330057 Medicare Provider #020008 Medicare Provider #190003 University of California San Francisco New Hanover Regional Medical Center, 2131 Kadlec Medical Center, 888 Swift Boulevard, Medical Center, 500 Parnassus Ave., San South 17th Street, P.O. Box 9000, Richland, WA 99352 Francisco, CA 94143–0296 Wilmington, NC 28402–9000 Medicare Provider #500058 Medicare Provider #050454 Medicare Provider #340141 Lancaster Community Hospital, 43830 10th Sharp Grossmont Hospital, P.O. Box 158, La Street West, Lancaster, CA 93534 Effective Date—August 4, 2005 Mesa, CA 91944–0158 Medicare Provider #050204 Bowling Green Warren County Community Medicare Provider #050026 Mercy Hospital, 4050 Coon Rapids Hospital Corp. d/b/a The Medical Center, Boulevard, Coon Rapids, MN 55433 250 Park Street, P.O. Box 90010, Bowling Torrance Memorial Medical Center, 3330 Lomita Boulevard, Torrance, CA 90505– Green, KY 42102–9010 Medicare Provider #240115 5073 Medicare Provider #180013 Montefiore Medical Center, 111 East 210th Medicare Provider #050351 Street, New York, NY 10467 Carson-Tahoe Hospital, 775 Fleischmann Way, P.O. Box 2168, Carson City, NV Effective Date—August 16, 2005 Medicare Provider #330059 89702–2168 Englewood Hospital and Medical Center, 350 Morristown Memorial Hospital, 100 Madison Medicare Provider #290010 Engle Street, Englewood, NJ 07631 Avenue, Morristown, NJ 07962–1956 Heart Hospital of Austin, 3801 N. Lamar Medicare Provider #310045 Medicare Provider #310015 Boulevard, Austin, TX 78756 Mobile Infirmary Medical Center, Five Palmetto Health Richland, 5 Richland Medicare Provider #450824 Mobile Infirmary Circle, Mobile, AL Medical Park Drive, Columbia, SC 36607 29203–6897 Indiana Heart Hospital, 8040 Clearvista Medicare Provider #420018 Parkway, Suite 200, Indianapolis, IN Medicare Provider #010113 46256 Ocean Medical Center, 425 Jack Martin Saint Elizabeth Regional Medical Center, 555 South 70th Street, Lincoln, NE 68510 Medicare Provider #150154 Boulevard, Brick, NJ 08724 Medicare Provider #280020 JFK Medical Center, 5301 South Congress Medicare Provider #310052 Avenue, Atlantis, FL 33462 OSF St. Joseph Medical Center, 200 East Springhill Medical Center, 3710 Dauphine Street, Mobile, AL 36608 Medicare Provider #100080 Washington Street, Bloomington, IL 61701 Medicare Provider #010144 Sierra Vista Regional Medical Center, 1010 Murray Avenue, San Luis Obispo, CA Medicare Provider #140162 Unity Hospital, 550 Osborne Road, Fridley, 93405 St. Luke’s Medical Center, LP, 1800 East Van MN 55432 Buren Street, Phoenix, AZ 85006 Medicare Provider #050506 Medicare Provider #240132 Medicare Provider #030037 St. Joseph Hospital, 1100 West Stewart Drive, Wilson Memorial Regional Medical Center, P.O. Box 5600 Orange, CA 92863–5600 33–57 Harrison Street, Johnson City, NY Effective Date—August 19, 2005 13790 Medicare Provider #050069 Inova Alexandria Hospital, 4320 Seminary Medicare Provider #330394 St. Luke’s Cornwall Hospital, 70 Dubois Road, Alexandria, VA 22304 Street, Newburgh, NY 12550 Medicare Provider #490040 Effective Date—August 23, 2005 Medicare Provider #330264 Inova Fairfax Hospital, Inova Fairfax Hospital Jackson Madison County General Hospital, UCI Medical Center, 101 The City Drive for Children and Inova Heart and 708 West Forest Avenue, Jackson, TN South, Orange, CA 92868 Vascular Institute, 3300 Gallows Road, 38301–3956 Falls Church, VA 22042–3300 Medicare Provider #050348 Medicare Provider #044002 Medicare Provider #490063 Leesburg Regional Medical Center, 600 E. Effective Date—August 8, 2005 Milford Hospital, 300 Seaside Avenue, P.O. Dixie Avenue, Leesburg, FL 34748 Lynchburg General Hospital, 1920 Atherholt Box 3015, Milford, CT 06460–0815 Medicare Provider #100084 Road, Lynchburg, VA 24501–1104 Medicare Provider #070019 Meriter Hospitals, Inc., 202 South Park Medicare Provider #490021 Our Lady of the Lakes Regional Medical Street, Madison, WI 53715 Mercy Hospitals Bakersfield, 2215 Truxtun Center, 5000 Hennessy Boulevard, Baton Medicare Provider #520089 Avenue, P.O. Box 119, Bakersfield, CA Rouge, LA 70808 Poplar Bluff Regional Medical Center, 2620 93302 Medicare Provider #190064 North Westwood Boulevard, Poplar Medicare Provider #050295 Summit Hospital, 17000 Medical Center Bluff, MO 63901 Virginia Regional Medical Center, 901 Ninth Drive, Baton Rouge, LA 70816 Medicare Provider #260119 Street North, Virginia, MN 55792 Medicare Provider #190202 Saint Francis Hospital, 241 North Road, Medicare Provider #240084 University of Michigan Health System, 1500 Poughkeepsie, NY 12601–1399 E. Medical Center Drive, Ann Arbor, MI Effective Date—August 9, 2005 Medicare Provider #330067 48109–0060 Columbia Hospital, 2201 45th Street, West The Western Pennsylvania Hospital, 4800 Medicare Provider #230046 Palm Beach, FL 33407 Friendship Avenue, Pittsburg, PA 15224 Medicare Provider #100234 Effective Date—August 22, 2005 Medicare Provider #390090 Fairview Hospital, 14519 Detroit Avenue, Baptist Hospital of Miami, 8900 North Effective Date—August 24, 2005 Fairview, OH 44107 Kendall Drive, Miami, FL 33176 Halifax Medical Center, 303 N. Clyde Morris
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Boulevard, Daytona Beach, FL 32114 Highland Avenue, Salem, MA 01970 Medicare Provider #450137 Medicare Provider #100017 Medicare Provider #220006 St. Vincent’s Hospital, Staten Island, 355 Jackson Hospital, 1725 Pine Street, South Pointe Hospital, 20000 Harvard Road, Bard Avenue, Staten Island, NY 10310 Montgomery, AL 36106–1117 Warrensville Hts., OH 44122 Medicare Provider #330028 Medicare Provider #010024 Medicare Provider #360144 SUNY Stony Brook University Hospital, Nicolls Road, Stony Brook, NY 11794 Marietta Memorial Hospital, 401 Matthew Southwest Medical Center—Lafayette, 2810 Street, Marietta, OH 45750 Ambassador Caffery, Lafayette, LA 70506 Medicare Provider #330393 Medicare Provider #360147 Medicare Provider #190205 The Washington Hospital, 155 Wilson Avenue, Washington, PA 15301 Meadowcrest Hospital, 2500 Belle Chasse St. Mary’s Hospital Ozaukee, Inc., 13111 Highway, Gretna, LA 70056 North Port Washington Road, Mequon, Medicare Provider #390042 Medicare Provider #190152 WI 53097 Effective Date—September 15, 2005 Medical Center Hospital, P.O. Box 7239, Medicare Provider #520027 Abilene Regional Medical Center, 6250 Odessa, TX 79760–7239 St. Tammany Parish Hospital, 1202 South Highway 83/84, Abilene, TX 79606 Medicare Provider #450132 Tyler Street, Covington, LA 70433 Medicare Provider #450558 REX Healthcare, 4420 Lake Boone Trail, Medicare Provider #190045 Bon Secours Cottage Health Services, 468 Raleigh, NC 27607 Trinity Medical Center Terrace Park, 4500 Cadieux Road, Grosse Pointe, MI 48230 Medicare Provider #340114 Utica Ridge Road, Bettendorf, IA 52722 Medicare Provider #230089 St. John’s Mercy Medical Center, 615 South Medicare Provider #160104 HealthOne/HCA Rose Medical Center, 4567 New Ballas Road, St. Louis, MO 63141 UAMS Medical Center, 4301 West Markham, E. 9th Avenue, Denver, CO 80220 Medicare Provider #260020 Little Rock, AK 72205–7199 Medicare Provider #060032 Effective Date—August 26, 2005 Medicare Provider #040016 Providence Health Center, 6901 Medical Candler Hospital, 5353 Reynolds Street, Valley Baptist Medical Center—Harlingen, Parkway, Waco, TX 76712 Savannah, GA 31405 P.O. Drawer 2588, 2101 Pease Street, Medicare Provider #450042 Harlingen, TX 78551 Medicare Provider #110024 St. Edward Mercy Medical Center, 7301 CHRISTUS Santa Rosa, 333 North Santa Rosa Medicare Provider #450033 Rogers Avenue, P.O. Box 17000, Fort Street, San Antonio, TX 78207–3198 Smith, AR 72917–7000 Effective Date—September 6, 2005 Medicare Provider #450237 Medicare Provider #040062 Carilion Roanoke Memorial Hospital, 1906 Durham Regional Hospital, 3643 North Belleview Avenue, Roanoke, VA 24014 St. Joseph’s Hospital, 3001 W. Dr. M.L. King Roxboro Road, Durham, NC 27704 Jr. Boulevard, Tampa, FL 33607 Medicare Provider #490024 Medicare Provider #344155 Medicare Provider #100075 Midland Memorial Hospital, 2200 West Hillcrest Medical Center, 1120 South Utica Illinois Avenue, Midland, TX 79701– Effective Date—September 22, 2005 Avenue, Tulsa, OK 74104 6499 Baylor University Medical Center, Medicare Provider #370001 Medicare Provider #450133 Department of Radiology, 3500 Gaston Houston Northwest Medical Center, 710 FM Provena Saint Joseph Medical Center, 333 Avenue, Dallas, TX 75246 1960 West, Houston, TX 77090 North Madison Street, Joliet, IL 60435– Medicare Provider #450021 Medicare Provider #450638 6595 Delray Medical Center, 5352 Linton Mercy Hospital, 3663 South Miami Avenue, Medicare Provider #140007 Boulevard, Delray Beach, FL 33484 Miami, FL 33133 Salinas Valley Memorial Healthcare System, Medicare Provider #100258 Medicare Provider #100061 450 E. Romie Lane, Salinas, CA 93901 Desert Springs Hospital, 2075 East Flamingo Saint Barnabas Medical Center, Old Short Medicare Provider #050334 Road, Las Vegas, NV 89119 Hills Road, Livingston, NJ 07039 UHHS Geauga Regional Hospital, 13207 Medicare Provider #290022 Medicare Provider #310076 Ravenna Road, Chardon, OH 44024 Ellis Hospital, 1101 Nott Street, Schenectady, Effective Date—August 31, 2005 Medicare Provider #360192 NY 12308 Medicare Provider #330153 Columbia St. Mary’s Hospital Milwaukee, Effective Date—September 8, 2005 Inc., 2323 North Lake Drive, Milwaukee, Ingham Regional Medical Center, 401 West WI 53211 Howard Regional Health System, 3500 South Greenlawn Avenue, Lansing, MI 48910 Lafountain Street, P.O. Box 9011, Medicare Provider #520051 Kokomo, IN 46904–9011 Medicare Provider #230167 Franklin Square Hospital Center, 9000 Medicare Provider #150007 St. Joseph’s Hospital, 11705 Mercy Franklin Square Drive, Baltimore, MD Boulevard, Savannah, GA 31419 21237–9986 Luther Hospital, 1221 Whipple Street, P.O. Box 4105, Eau Claire, WI 54702–4105 Medicare Provider #110043 Medicare Provider #210015 Medicare Provider #520070 Mercy Hospital of Pittsburgh, 1400 Locust The Griffin Hospital, 130 Division Street, Street, Pittsburgh, PA 15219–5166 Our Lady of Fatima Hospital, 200 High Derby, CT 06418 Medicare Provider #390028 Service Avenue, No. Providence, RI Medicare Provider #070031 02904 The Pottsville Hospital and Warne Clinic, Gwinnett Medical Center, 1000 Medical 420 South Jackson Street, Pottsville, PA Medicare Provider #041005 Center Boulevard, Lawrenceville, GA 17901 Pitt County Memorial Hospital, Inc., P.O. Box 30045 Medicare Provider #390030 6028, Greenville, NC 27835–6028 Medicare Provider #110087 Southwest Mississippi Regional Medical Medicare Provider #340040 Louis A. Weiss Memorial Hospital, 4646 Center, 215 Marion Avenue, McComb, North Marine Drive, Chicago, IL 60640 Effective Date—September 12, 2005 MS 39648 Medicare Provider #140082 Baylor All Saints Medical Center, 1400 Medicare Provider #250097 The North Shore Medical Center, 81 Eighth Avenue, Fort Worth, TX 76104 Sparks Regional Medical Center, 1311 South
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I Street, P.O. Box 17006, Fort Smith, AR Act (FACA) (5 U.S.C. Appendix 2), this Consequently, you must send BOTH 72917–7006 notice announces the first biannual electronic and hardcopy versions of Medicare Provider #040055 meeting of the Ambulatory Payment your presentations and written Tampa General Hospital, 2 Columbia Drive, Classification (APC) Panel (the Panel) comments by the prescribed deadlines. Tampa, FL 33606 for 2006. (Electronic transmission must be sent to Medicare Provider #100128 The purpose of the Panel is to review the e-mail address below, and Wesley Medical Center, 550 N. Hillside, the APC groups and their associated hardcopies—accompanied by Form Wichita, KS 67214 weights and to advise the Secretary of CMS–20017—must be mailed to the the Department of Health and Human Designated Federal Officer [DFO], as Medicare Provider #170123 Services (HHS) and the Administrator of specified in the FOR FURTHER Effective Date—September 28, 2005 the Centers for Medicare & Medicaid INFORMATION CONTACT: section of this Advocate Illinois Masonic Medical Center, Services (CMS) concerning the clinical notice.) 836 W. Wellington Avenue, Chicago, IL integrity of the APC groups and their ADDRESSES: The meeting will be held in 60657–5193 associated weights. The advice provided the Multipurpose Room, 1st Floor, CMS Medicare Provider #140182 by the Panel will be considered as CMS Central Office, 7500 Security Boulevard, East Texas Medical Center-Tyler, 1000 South prepares its annual updates of the Baltimore, Maryland 21244–1850. hospital Outpatient Prospective Beckham, Tyler, TX 75701 FOR FURTHER INFORMATION CONTACT: For Payment System (OPPS) through Medicare Provider #450083 inquiries regarding the meeting; meeting rulemaking. Maimonides Medical Center, 4802 Tenth registration; and hardcopy submissions Avenue, Brooklyn, NY 11219 DATES: Meeting Dates: The first biannual of oral presentations, agenda items, and Medicare Provider #330914 meeting for 2006 is scheduled for the comments, please contact the DFO: following dates and times: Shirl Ackerman-Ross, DFO, CMS, CMM, Mesa General Hospital, 515 North Mesa • Wednesday, March 1, 2006, 1 p.m. Drive, Mesa, AZ 85201 HAPG, DOC, 7500 Security Boulevard, to 5 p.m. (e.s.t.). Mail Stop C4–05–17, Baltimore, MD Medicare Provider #030017 • Thursday, March 2, 2006, 8 a.m. to 21244–1850. Phone: (410) 786–4474. Opelousas General Health System, 539 E. 5 p.m. (e.s.t.). • E-mail Address for comments, Prudhomme Street, P.O. Box 1389, • Friday, March 3, 2006, 8 a.m. to 12 presentations, and registration requests Opelousas, LA 70570 noon (e.s.t.). is [email protected] Medicare Provider #190017 Deadlines: • News media representatives must Southern Ohio Medical Center, 1895 27th Deadline for Hardcopy Comments/ contact our Public Affairs Office at (202) Street, Portsmouth, OH 45662 Suggested Agenda Topics— 690–6145. Medicare Provider #360008 5 p.m. (e.s.t.), Wednesday, February 1, Advisory Committees’ Information St. Joseph Hospital, 2901 Squalicum 2006. Lines: Parkway, Bellingham, WA 98264 Deadline for Hardcopy The CMS Advisory Committees’ Medicare Provider #500030 Presentations— Information Line is 1–877–449–5659 5 p.m. (e.s.t.), Wednesday, February 1, (toll free) and (410) 786–9379 (local). St. Lukes Hospital, 801 Ostrum Street, 2006. Web Sites: Bethlehem, PA 18015 Deadline for Attendance • For additional information on the Medicare Provider #390049 Registration— APC meeting agenda topics and updates WakeMed Health and Hospitals, 3000 New 5 p.m. (e.s.t.), Wednesday, February 8, to the Panel’s activities, search our Web Bern Avenue, Raleigh, NC 27610 2006. site at: http://www.cms.hhs.gov/faca/ Medicare Provider #340069 Deadline for Special apc/default.asp. • Yale-New Haven Hospital, 20 York Street, Accommodations— To obtain Charter copies, search our New Haven, CT 06504, 5 p.m. (e.s.t.), Wednesday, February 8, Web site at http://www.cms.hhs.gov/ Medicare Provider #070022 2006. faca or e-mail the Panel DFO. Submittal of Materials to the SUPPLEMENTARY INFORMATION: [FR Doc. 05–24023 Filed 12–22–05; 8:45 am] Designated Federal Officer (DFO): BILLING CODE 4120–01–U Because of staffing and resource I. Background limitations, we cannot accept written The Secretary is required by section comments and presentations by FAX, 1833(t)(9)(A) of the Act, as amended and DEPARTMENT OF HEALTH AND nor can we print written comments and redesignated by sections 201(h) and HUMAN SERVICES presentations received electronically for 202(a)(2) of the Medicare, Medicaid, and Centers for Medicare & Medicaid dissemination at the meeting. SCHIP Balanced Budget Refinement Act Services Only hardcopy comments and of 1999 (BBRA) (Pub. L. 106–113), presentations will be accepted for respectively, to establish and consult [CMS–1289–N] placement in the meeting booklets. All with an expert, outside advisory panel hardcopy presentations must be on Ambulatory Payment Classification Medicare Program: Meeting of the accompanied by Form CMS–20017. The (APC) groups. The APC Panel (the Advisory Panel on Ambulatory form is now available through the CMS Panel), which was re-chartered by the Payment Classification (APC) Forms Web site. The URL for linking to Secretary on November 1, 2004, meets Groups—March 1, 2, and 3, 2006 this form is (http://www.cms.hhs.gov/ up to three times annually to review the AGENCY: Centers for Medicare & forms/cms20017.pdf.) APC groups and to provide technical Medicaid Services (CMS), Department We are also requiring electronic advice to the Secretary and the of Health and Human Services (DHHS). versions of the written comments and Administrator concerning the clinical ACTION: Notice. presentations (in addition to the integrity of the groups and their hardcopies), so we can send them associated weights. All members must SUMMARY: In accordance with section electronically to the Panel members for have technical expertise that shall 10(a) of the Federal Advisory Committee their review before the meeting. enable them to participate fully in the
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work of the Panel. Such expertise • Evaluation of APC weights. + Address; encompasses hospital payment systems, • Packaging devices and drug costs + E-mail address, and hospital medical-care delivery systems, into APCs: methodology, effect on + Telephone number(s). outpatient payment requirements, APCs, APCs, and need for reconfiguring APCs • All presentations must contain, at a Current Procedural Terminology (CPT) based upon device and drug packaging. minimum, the following supporting codes, and the use and payment of • Removal of procedures from the information and data: drugs and medical devices in the inpatient list for payment under the + Financial relationship(s) of outpatient setting, as well as other forms OPPS. presenter(s), if any, with any company of relevant expertise. However, it is not • Use of single and multiple whose products, services, or procedures necessary that any one member be an procedure claims data. that are under consideration; expert in all of the areas listed above. • Packaging of HCPCS codes. + Physicians’ CPTs involved; All members shall have a minimum of • Other technical issues concerning + APC(s) affected; 5 years experience in their areas of APC structure. + Description of the issue(s); expertise, and they must be currently The subject matter before the Panel + Clinical description of the service employed full-time in their areas of shall be limited to these and related under discussion (with comparison to expertise. For purposes of this Panel, topics. Unrelated topics are not subjects other services within the APC); consultants or independent contractors for discussion. Unrelated topics include, + Recommendations and rationale for are not considered to be full-time but are not limited to, the conversion change; employees. factor, cost compression, pass-through + Expected outcome of change; and We will consider the technical advice payments for medical devices and + Potential consequences of not provided by the Panel as we prepare the drugs, and wage adjustments. These making the change(s). subjects will not be addressed by the proposed changes to the OPPS for the Note: All presenters must also submit Form next calendar year. Panel. CMS–20017. The Panel may consist of a Chair and The Panel may use data collected or up to 15 representatives who are full- developed by entities and organizations, VI. Oral Comments time employees (not consultants) of other than DHHS and CMS, in Medicare providers, which are subject conducting its review. In addition to formal oral to the OPPS. presentations, there will be opportunity III. Written Comments and Suggested during the meeting for public oral The Administrator selects the Panel Agenda Topics membership based upon either self- comments, which will be limited to 1 nominations or nominations submitted Hardcopy written comments and minute for each individual and a total by providers or interested organizations. suggested agenda topics should be sent of 5 minutes per organization. The Panel presently consists of the to the DFO. Such items must be VII. Meeting Attendance following members and a Chair: received by the date and time specified • Edith Hambrick, M.D., J.D., Chair. in the DATES section of this notice. The meeting is open to the public; • Marilyn Bedell, M.S., R.N., O.C.N. Additionally, the written comments however, attendance is limited to space • Gloryanne Bryant, B.S., R.H.I.A., and suggested agenda topics must fall available. Attendance will be R.H.I.T., C.C.S. within the subject categories outlined in determined on a first-come, first-served • Albert Brooks Einstein, Jr., M.D. the Panel’s Charter listed in the Agenda basis. • Hazel Kimmel, R.N., C.C.S., C.P.C. section of this notice. Persons wishing to attend this • Sandra J. Metzler, M.B.A., R.H.I.A., meeting, which is located on Federal IV. Oral Presentations C.P.H.Q. property, must e-mail the Panel DFO to • Thomas M. Munger, M.D., F.A.C.C. Individuals or organizations wishing register by the date and time specified • Frank G. Opelka, M.D., F.A.C.S. to make 5-minute oral presentations in the DATES section of this notice. A • Louis Potters, M.D., F.A.C.R. must contact the DFO. The DFO must confirmation will be sent to the • James V. Rawson, M.D. receive hardcopy presentations by the requester(s) via return e-mail. • Lou Ann Schraffenberger, M.B.A., date and time specified in the DATES The following information must be e- R.H.I.A., C.C.S.–P. section of this notice in order to be mailed or telephoned to the DFO by the • Judie S. Snipes, R.N., M.B.A., scheduled. date and time above: F.A.C.H.E. The number of oral presentations may • Name(s) of attendee(s), • Lynn R. Tomascik, R.N., M.S.N., be limited by the time available. Oral • Title(s), C.N.A.A. presentations should not exceed 5 • Organization, • Timothy Gene Tyler, Pharm.D. minutes in length. • E-mail address(es), and • Kim Allan Williams, M.D., F.A.C.C., The Chair may further limit time • Telephone number(s). F.A.B.C. allowed for presentations due to the VIII. Security, Building, and Parking • Robert Matthew Zwolak, M.D., number of oral presentations, if Guidelines Ph.D., F.A.C.S. necessary. Persons attending the meeting must II. Agenda V. Presenter and Presentation Criteria present photographic identification to The agenda for the March 2006 The additional criteria below must be the Federal Protective Service or Guard meeting will provide for discussion and supplied to the DFO by the date Service personnel before they will be comment on the following topics as specified in the DATES section of this allowed to enter the building. designated in the Panel’s Charter: notice (along with hardcopies of Security measures will include • Reconfiguration of APCs (for presentations). inspection of vehicles, inside and out, at example, splitting of APCs, moving • Required personal information the entrance to the grounds. In addition, Healthcare Common Procedure Coding regarding presenter(s): all persons entering the building must System (HCPCS) codes from one APC to + Name of presenter(s); pass through a metal detector. All items another and moving HCPCS codes from + Title(s); brought to CMS, including personal new technology APCs to clinical APCs). + Organizational affiliation; items such as desktops, cell phones,
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palm pilots, etc., are subject to physical technologies under the hospital payments for new medical services and inspection. inpatient prospective payment system technologies under Medicare. Individuals who are not registered in (IPPS). Interested parties are invited to Effective for discharges beginning on advance will not be permitted to enter this meeting to present their individual or after October 1, 2001, section the building and will be unable to comments, recommendations, and data 1886(d)(5)(K)(i) of the Act required the attend the meeting. (Note: Presenters regarding whether the FY 2007 new Secretary to establish (after notice and must also be registered for attendance at medical services and technologies opportunity for public comment) a the meeting.) The public may enter the applications meet the substantial mechanism to recognize the costs of building 30–45 minutes before when the clinical improvement criteria. new services and technologies under the meeting convenes each day. (The DATES: Meeting Date: The Town Hall inpatient hospital prospective payment meeting convenes at the date and time meeting announced in this notice will system (IPPS). In addition, section specified in the DATES section of this be held on Thursday, February 16, 2006 1886(d)(5)(K)(vi) of the Act specifies notice.) at 9 a.m., and check-in will begin at 8:30 that a medical service or technology will All visitors must be escorted in areas a.m. EST. be considered ‘‘new’’ if it meets criteria established by the Secretary (after notice other than the lower and first-floor Registration Deadline for Presenters: and opportunity for public comment). levels in the Central Building. All presenters, whether attending in (See the FY 2002 proposed rule (66 FR Parking permits and instructions are person or by phone, must register and 22693, May 4, 2001) and the FY 2002 issued upon arrival by the guards at the submit their agenda item(s) by February final rule (66 FR 46912, September 7, main entrance. 8, 2006. 2001) for a more detailed discussion.) In Registration Deadline for All Other IX. Special Accommodations addition, we have further discussed our Participants: All other participants must Individuals requiring sign-language application of the newness criteria in register by February 13, 2006. interpretation or other special the hospital IPPS proposed and final accommodations must send a request Comment Deadline: Written rules for FYs 2003, 2004, 2005, and for these services to the DFO by the date comments for discussion at the meeting 2006. (See 67 FR 31427, May 9, 2002; and time specified in the DATES section must be received by February 8, 2006. 67 FR 50009, August 1, 2002; 68 FR of this notice. All other written comments for 27184, May 19, 2003; 68 FR 45385, consideration before publication of the Authority: Section 1833(t)(9) of the Act (42 August 1, 2003; 69 FR 28236, May 18, hospital IPPS proposed rule must be 2004; 69 FR 49000, August 11, 2004; 70 U.S.C. 13951(t)). The Panel is governed by received by March 15, 2006. the provisions of Pub. L. 92–463, as amended FR 23353, May 5, 2005; and 70 FR (5 U.S.C. Appendix 2). ADDRESSES: The Town Hall meeting will 47341, August 12, 2005 respectively). (Catalog of Federal Domestic Assistance be held in the Auditorium in the central In the September 7, 2001 final rule (66 Program No. 93.773, Medicare-Hospital building of the Centers for Medicare & FR 46914), we noted that we evaluate a Insurance; and Program No. 93.774, Medicaid Services, 7500 Security request for special payment for a new Medicare-Supplementary Medical Insurance Boulevard, Baltimore, MD 21244–1850. medical service or technology against Program) Agenda Item(s) or Written Comments: the following criteria in order to Dated: November 10, 2005. Agenda items and written comments determine if the new technology meets Mark B. McClellan, regarding whether a FY 2007 the substantial clinical improvement Administrator, Centers for Medicare & application meets the substantial requirement: Medicaid Services. clinical improvement criterion may be • The device offers a treatment option [FR Doc. 05–24290 Filed 12–22–05; 8:45 am] sent by mail, fax, or electronically. for a patient population unresponsive BILLING CODE 4120–01–P Agenda items must be received by to, or ineligible for, currently available February 8, 2006. We will accept treatments. written questions or other statements, • The device offers the ability to DEPARTMENT OF HEALTH AND not to exceed three single-spaced, typed diagnose a medical condition in a HUMAN SERVICES pages that are received by March 15, patient population where that medical 2006. Send written comments, condition is currently undetectable or Centers for Medicare & Medicaid questions, or other statements to— offers the ability to diagnose a medical Services Division of Acute Care, Mail stop C4– condition earlier in a patient population than allowed by currently available [CMS–1329–N] 07–05, Centers for Medicare & Medicaid Services, 7500 Security Boulevard, methods. There must also be evidence Medicare Program; Town Hall Meeting Baltimore, Maryland 21244–1850. that use of the device to make a on the Fiscal Year 2007 Applications Attention: Meredith Walz or Michael diagnosis affects the management of the Treitel. patient. for New Medical Services and • Technologies Add-On Payments Under Fax: (410) 786–0169. Use of the device significantly the Hospital Inpatient Prospective Email: [email protected]. improves clinical outcomes for a patient Payment System Scheduled for FOR FURTHER INFORMATION CONTACT: population as compared to currently February 16, 2006 Meredith Walz, (410) 786–9421, available treatments. Some examples of [email protected]. Michael outcomes that are frequently evaluated AGENCY: Centers for Medicare & Treitel, (410) 786–4552, in studies of medical devices are the Medicaid Services (CMS), HHS. [email protected]. following: ACTION: Notice of meeting. ++ Reduced mortality rate with use of SUPPLEMENTARY INFORMATION: the device. SUMMARY: This notice, in accordance ++ Reduced rate of device-related I. Background with section 1886(d)(5)(K)(viii) of the complications. Social Security Act (the Act), announces Sections 1886(d)(5)(K) and (L) of the ++ Decreased rate of subsequent a Town Hall meeting to discuss fiscal Social Security Act (the Act) require the diagnostic or therapeutic interventions year (FY) 2007 applications for add-on Secretary to establish a process of (for example, due to reduced rate of payments for new medical services and identifying and ensuring adequate recurrence of the disease process).
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++ Decreased number of future detailed discussion of this issue. the meeting). Because of limited hospitalizations or physician visits. Although we do not expect to have a meeting space and our desire to ++ More rapid beneficial resolution general discussion of this topic during maintain an accurate count of of the disease process treatment because the timeframe of the town hall meeting, registrants who plan to come to CMS, of the use of the device. we are inviting individual comments as we prefer that these persons register on- ++ Decreased pain, bleeding, or other part of this town hall meeting notice. line. In addition, we would prefer that quantifiable symptoms. We will accept comments on our registrants who plan to participate by ++ Reduced recovery time. application of the concept of phone register by phone or fax. In addition, we indicated that the ‘‘substantially similar’’ by the deadline On-line Registration: Registration may requester is required to submit evidence stated above so they may be considered be completed on-line at the following that the technology meets one or more in our proposed rule. We will also Web address: http://www.cms.hhs.gov/ of these criteria. solicit comments during the rulemaking events/default.asp. Select the link Section 503 of the Medicare process. ‘‘Register to Attend the New Technology Prescription Drug, Improvement, and The majority of the meeting will be Town Hall Meeting’’ and then select Modernization Act of 2003 (MMA), Pub. reserved for individual comments, ‘‘New Technology Town Hall Meeting’’ L. 108–173, which added section recommendations, and data from from the drop down menu and follow 1886(d)(5)(K)(viii) to the Act, revised registered presenters. The time for each the instructions. After completing the the process for evaluating new medical presenter’s comments will be registration, on-line registrants should services and technology applications by approximately 10 to 15 minutes and print the confirmation page and bring it requiring the Secretary to do the will be based on the number of with them to the meeting. following: registered presenters. Presenters will be Registration by Phone or Fax: • Before publication of a proposed scheduled to speak in the order in Registration may be completed by rule, provide for public input regarding which they register and grouped by new contacting Meredith Walz at (410) 786– whether a new service or technology technology applicant. Therefore, 9421 or Michael Treitel at (410) 786– represents an advance in medical individuals who want to be presenters 4552. Registration may also be technology that substantially improves must register and submit their agenda completed by fax to the attention of the diagnosis or treatment of Medicare item(s) by Wednesday, February 8, Meredith Walz or Michael Treitel at beneficiaries. 2006. Once the agenda is completed, it (410) 786–0169. If registration is • Make public and periodically will be posted on the hospital IPPS Web completed by phone or fax, please update a list of all the services and site at http://www.cms.hhs.gov/ provide your name, address, telephone technologies for which an application is providers/hipps/newtech.asp. number, and, if available, e-mail address pending. Comments from participants will be and fax number. • Accept individual comments, heard (time permitting) after the IV. Security Information recommendations, and data from the completion of the presentations. public regarding whether the service or For presenters or participants who Since this meeting will be held in a technology represents a substantial cannot come to CMS for the meeting, an Federal government building, Federal improvement. open toll-free phone line, (877) 357– security measures are applicable. In • Before publication of a proposed 7851, has been made available. If you planning your arrival time, we rule, provide for a meeting at which are calling in, you will be prompted to recommend allowing additional time to organizations representing hospitals, enter the conference identification clear security. In order to gain access to physicians, manufacturers, and any number, 9386196, or the name of the the building and grounds, participants other interested party may present meeting. In addition, written comments must bring a government-issued photo comments, recommendations, and data will also be accepted and presented at identification and a copy of their to the clinical staff of CMS. the meeting if they are received by confirmation of registration for the The opinions and alternatives February 8, 2006. Written comments meeting. Access may be denied to provided during this meeting will assist may also be submitted after the meeting. persons without proper identification. us as we evaluate the new medical If the comments are to be considered For security reasons, no additional services and technology applications for before the publication of the proposed meeting registrations will be accepted FY 2007. In addition, they will help us rule, the comments must be received by after the close of the registration period. to evaluate our policy on the hospital March 15, 2006. Security measures also include IPPS new technology add-on payment inspection of vehicles, inside and out, at III. Registration Instructions process before the publication of the FY the entrance to the grounds. In addition, 2007 hospital IPPS proposed rule. The Division of Acute Care in CMS is all persons entering the building must coordinating the meeting registration. pass through a metal detector. All items II. Meeting Format While there is no registration fee, brought to CMS, whether personal or for This meeting will allow for a individuals must register to attend. the purpose of demonstration or to discussion of the substantial clinical Individuals may present their comments support a presentation, are subject to improvement criteria to each of the FY either in person or by phone at the town inspection. Laptops and other computer 2007 new medical services and hall meeting. These individuals must equipment must be registered with the technology add-on payment register and submit their agenda item(s) security desk upon entry. CMS cannot applications. Information regarding the by February 8, 2006. All other assume responsibility for coordinating applications can be found on our Web participants must register by February the receipt, transfer, transport, storage, site at http://www.cms.hhs.gov/ 13, 2006. All registrants will receive set-up, safety, or timely arrival of any providers/hipps/newtech.asp. In confirmation with instructions for personal belongings or items used for addition, we are interested in individual arrival at the CMS complex (persons demonstration or to support a public comments on our application of who register on-line will receive this presentation. Participants should e-mail the concept of ‘‘substantial similarity’’. confirmation upon completion of the presentations to CMS staff listed above See the FY 2006 final rule (70 FR registration process and should print the prior to the meeting to ensure that CMS 47350–47352, August 12, 2005), for a confirmation and bring it with them to has a back-up copy in the event of
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computer problems or lack of software 0090. Please refer to the CMS Advisory Companies; Dr. Daniel Lyons, Senior or memory card compatibility. Please Committees’ Information Line (1–877– Vice President, Government Programs, note that CMS headquarters is a smoke- 449–5659 toll free)/(410–786–9379 Independence Blue Cross; Dr. Frank B. free facility. local) or the Internet (http:// McArdle, Manager, Hewitt Research Authority: Section 503 of Public Law 108– www.cms.hhs.gov/faca/apme/ Office, Hewitt Associates, Katherine 173. default.asp) for additional information Metzger, Director, Medicare and and updates on committee activities, or Medicaid Programs, Fallon Community (Catalog of Federal Domestic Assistance contact Ms. Johnson via e-mail at Health Plan; Dr. Keith Mueller, Program No. 93.773, Medicare—Hospital [email protected]. Press Professor and Section Head, Health Insurance; and Program No. 93.774, Medicare—Supplementary Medical inquiries are handled through the CMS Services Research and Rural Health Insurance Program) Press Office at (202) 690–6145. Policy, University of Nebraska; Lee Dated: December 1, 2005. SUPPLEMENTARY INFORMATION: Section Partridge, Senior Health Policy Advisor, Mark B. McClellan, 222 of the Public Health Service Act (42 National Partnership for Women and Families; Dr. Marlon Priest, Professor of Administrator, Centers for Medicare & U.S.C. 217a), as amended, grants to the Medicaid Services. Secretary of Health and Human Services Emergency Medicine, University of Alabama at Birmingham; Susan O. [FR Doc. 05–24022 Filed 12–22–05; 8:45 am] (the Secretary) the authority to establish Raetzman, Associate Director, Public BILLING CODE 4120–01–P an advisory panel for the purpose of advising the Secretary in connection Policy Institute, AARP; Rebecca Snead, with any of his functions. The Secretary Administrative Manager, National DEPARTMENT OF HEALTH AND signed the charter establishing this Council of State Pharmacy Association HUMAN SERVICES Panel on January 21, 1999 (64 FR 7849) Executives; Catherine Valenti, and approved the renewal of the charter Chairperson and Chief Executive Centers for Medicare & Medicaid on January 14, 2005. The Panel advises Officer, Caring Voice Coalition, and Services and makes recommendations to the Grant Wedner, Manager, Business Development Team, Cosmix [CMS–4112–N] Secretary and the Administrator of the Centers for Medicare & Medicaid Corporation. The agenda for the January 26, 2006 Medicare Program; Meeting of the Services (CMS) on opportunities to meeting will include the following: Advisory Panel on Medicare enhance the effectiveness of consumer • education strategies concerning the Recap of the previous (September Education, January 26, 2006 27, 2005) meeting. Medicare program. • AGENCY: Centers for Medicare & The goals of the Panel are as follows: Centers for Medicare & Medicaid Medicaid Services (CMS), HHS. • To develop and implement a Services update. • Medicare Prescription Drug, ACTION: Notice of meeting. national Medicare education program Improvement and Modernization Act of that describes the options for selecting SUMMARY: In accordance with the 2003 (Pub. L. 108–173): outreach and a health plan under Medicare. Federal Advisory Committee Act, 5 education strategies. • To enhance the Federal U.S.C. Appendix 2, section 10(a) (Pub. • Public comment. government’s effectiveness in informing L. 92–463), this notice announces a • Listening session with CMS the Medicare consumer, including the meeting of the Advisory Panel on leadership. appropriate use of public-private • Medicare Education (the Panel) on Next steps. partnerships. January 26, 2006. The Panel advises and Individuals or organizations that wish • To expand outreach to vulnerable makes recommendations to the to make a 5-minute oral presentation on and underserved communities, Secretary of Health and Human Services an agenda topic should submit a written including racial and ethnic minorities, and the Administrator of the Centers for copy of the oral presentation to Lynne in the context of a national Medicare Medicare & Medicaid Services on Johnson, Health Insurance Specialist, education program. opportunities to enhance the Division of Partnership Development, • To assemble an information base of effectiveness of consumer education Center for Beneficiary Choices, Centers best practices for helping consumers strategies concerning the Medicare for Medicare & Medicaid Services, 7500 evaluate health plan options and build program. This meeting is open to the Security Boulevard, Mail stop S2–23– a community infrastructure for public. 05, Baltimore, MD 21244–1850 or by e- information, counseling, and assistance. mail at [email protected], no DATES: The meeting is scheduled for The current members of the Panel are: later than 12 noon, e.s.t., January 19, January 26, 2006 from 9 a.m. to 3:30 Dr. Drew E. Altman, President and Chief 2006. The number of oral presentations p.m., e.s.t. Executive Officer, Henry J. Kaiser may be limited by the time available. Deadline for Presentations and Family Foundation; Dr. Jane Delgado, Individuals not wishing to make a Comments: January 19, 2006, 12 noon, Chief Executive Officer, National presentation may submit written e.s.t. Alliance for Hispanic Health; Clayton comments to Ms. Johnson by 12 noon, ADDRESSES: The meeting will be held at Fong, President and Chief Executive (e.s.t.), January 19, 2006. The meeting is the Wyndham City Center, 1143 New Officer, National Asian Pacific Center open to the public, but attendance is Hampshire Avenue, NW., Washington, on Aging; Thomas Hall, Chairman and limited to the space available. DC 20036, (202) 775–0800. Chief Executive Officer, Cardio-Kinetics, Special Accommodation: Individuals FOR FURTHER INFORMATION CONTACT: Inc.; The Honorable Bobby Jindal, requiring sign language interpretation or Lynne Johnson, Health Insurance United States Congress; David Knutson, other special accommodations should Specialist, Division of Partnership Director, Health System Studies, Park contact Ms. Johnson at least 15 days Development, Center for Beneficiary Nicollet Institute for Research and before the meeting. Choices, Centers for Medicare & Education; Dr. David Lansky, Director, Authority: Sec. 222 of the Public Health Medicaid Services, 7500 Security Health Program, Markle Foundation; Dr. Service Act (42 U.S.C. 217a) and sec. 10(a) Boulevard, Mail stop S2–23–05, Frank I. Luntz, President and Chief of Pub. L. 92–463 (5 U.S.C. App. 2, sec. 10(a) Baltimore, MD 21244–1850, (410) 786– Executive Officer, Luntz Research and 41 CFR 102–3).
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(Catalog of Federal Domestic Assistance DATES: Submit written or electronic is necessary for the proper performance Program No. 93.733, Medicare—Hospital comments on the collection of of FDA’s functions, including whether Insurance Program; and Program No. 93.774, information by February 21, 2006. the information will have practical Medicare—Supplementary Medical ADDRESSES: utility; (2) the accuracy of FDA’s Insurance Program) Submit electronic comments on the collection of estimate of the burden of the proposed Dated: December 16, 2005. information to: http://www.fda.gov/ collection of information, including the Mark B. McClellan, dockets/ecomments. Submit written validity of the methodology and Administrator, Centers for Medicare & comments on the collection of assumptions used; (3) ways to enhance Medicaid Services. information to the Division of Dockets the quality, utility, and clarity of the [FR Doc. E5–7757 Filed 12–22–05; 8:45 am] Management (HFA–305), Food and Drug information to be collected; and (4) BILLING CODE 4120–01–P Administration, 5630 Fishers Lane, rm. ways to minimize the burden of the 1061, Rockville, MD 20852. All collection of information on comments should be identified with the respondents, including through the use DEPARTMENT OF HEALTH AND docket number found in brackets in the of automated collection techniques, HUMAN SERVICES heading of this document. when appropriate, and other forms of information technology. Food and Drug Administration FOR FURTHER INFORMATION CONTACT: Denver Presley, Office of Management Medical Device Reporting: Programs (HFA–250), Food and Drug [Docket No. 2005N–0484] Manufacturer Reporting, Importer Administration, 5600 Fishers Lane, Reporting, User Facility Reporting, and Agency Information Collection Rockville, MD 20857, 301–827–1472. Distributor Reporting—21 CFR Part 803 Activities; Proposed Collection; SUPPLEMENTARY INFORMATION: Under the (OMB Control Number 0910–0437) Comment Request; Medical Device PRA (44 U.S.C. 3501–3520), Federal Reporting: Manufacturer Reporting, agencies must obtain approval from the Section 519(a), (b), and (c) of the Importer Reporting, User Facility Office of Management and Budget Federal Food, Drug, and Cosmetic Act Reporting, and Distributor Reporting (OMB) for each collection of (the act) (21 U.S.C. 360i(a), (b), and (c)) information they conduct or sponsor. requires user facilities, manufacturers, AGENCY: Food and Drug Administration, ‘‘Collection of information’’ is defined and importers of medical devices to HHS. in 44 U.S.C. 3502(3) and 5 CFR report adverse events involving medical ACTION: Notice. 1320.3(c) and includes agency requests devices to FDA. On December 11, 1995 or requirements that members of the (60 FR 63578 at 63597), FDA issued part SUMMARY: The Food and Drug public submit reports, keep records, or 803 (21 CFR part 803) that implemented Administration (FDA) is announcing an provide information to a third party. section 519 of the act. The regulation opportunity for public comment on the Section 3506(c)(2)(A) of the PRA (44 was amended to conform to the changes proposed collection of certain U.S.C. 3506(c)(2)(A)) requires Federal reflected in the FDA Modernization Act information by the agency. Under the agencies to provide a 60-day notice in of 1997. Paperwork Reduction Act of 1995 (the the Federal Register concerning each Information from these reports will be PRA), Federal agencies are required to proposed collection of information, used to evaluate risks associated with publish notice in the Federal Register including each proposed extension of an medical devices and to enable FDA to concerning each proposed collection of existing collection of information, take appropriate regulatory measures to information, including each proposed before submitting the collection to OMB protect the public health. extension of an existing collection of for approval. To comply with this information, and to allow 60 days for requirement, FDA is publishing notice Respondents to this collection of public comment in response to the of the proposed collection of information are businesses or other for notice. This notice solicits comments on information set forth in this document. profit and nonprofit organizations Medical Device Reporting: Manufacturer With respect to the following including user facilities, manufacturers, Reporting, Importer Reporting, User collection of information, FDA invites and importers of medical devices. Facility Reporting, and Distributor comments on these topics: (1) Whether FDA estimates the burden of this Reporting. the proposed collection of information collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN 1
No. of Annual Frequency Total Annual Hours per 21 CFR Section Respondents per Response Responses Response Total Hours
803.19 55 4 220 3 660
803.30 700 5 3,500 1 3,500
803.33, FDA Form 3419 700 1 700 1 700
803.40 40 17 680 1 680
803.50 1,465 57 83,505 1 83,505
803.55, FDA Form 3417 700 5 3,500 1 3,500
Total 92,545 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
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TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers per Recordkeeping Records Record Total Hours
803.17 220 1 220 3.3 726
803.18(c) and (d) 30,000 1 30,000 1 .5 45,000
Total 45,726 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Part 803 requires user facilities to revise existing procedures, in order to DEPARTMENT OF HOMELAND report to the device manufacturer, and comply with this provision. SECURITY to FDA in the case of a death, incidents Therefore, FDA estimates the one- Coast Guard where a medical device caused or time burden to respondents for contributed to a death or serious injury. establishing or revising procedures to be [USCG–2005–23285] Manufacturers of medical devices are 2,200 hours (220 respondents x 10 required to report to FDA when they hours). For those entities, a one-time Collection of Information Under become aware of information indicating Review by Office of Management and burden of 10 hours is estimated for that one of their devices may have Budget: OMB Control Number 1625– establishing written MDR procedures. caused or contributed to death or 0048 serious injury or has malfunctioned in The remaining manufacturers, user such a way that should the malfunction facilities, and importers, not required to AGENCY: Coast Guard, DHS. recur it would be likely to cause or revise their written procedures to ACTION: Request for comments. contribute to a death or serious injury. comply with this provision, are Device importers report deaths and excluded from the burden because the SUMMARY: In compliance with the serious injuries to the manufacturers recordkeeping activities needed to Paperwork Reduction Act of 1995, the and FDA. Importers report malfunctions comply with this provision are U.S. Coast Guard intends to seek the only to the manufacturers, unless they considered ‘‘usual and customary’’ approval of OMB for the renewal of an are unknown, then the reports are sent under 5 CFR 1320.3(b)(2). Information Collection Request (ICR). to FDA. The ICR is 1625–0048, Vessel Reporting The annual burden for recordkeeping Requirements. Before submitting the The number of respondents for each to respondents follows. Under § 803.17, CFR section in table 1 of this document ICRs to OMB, the Coast Guard is FDA estimates 220 respondents will inviting comments on them as described is based upon the number of spend approximately 3.3 hours to respondents entered into FDA’s internal below. complete the requirements for this databases. FDA estimates, based on its DATES: Comments must reach the Coast section. The number of respondents was experience and interaction with the Guard on or before February 21, 2006. estimated by consolidating the total of medical device community, that all ADDRESSES: To make sure that your all new reporting entities together. The reporting CFR sections are expected to comments and related material do not take 1 hour to complete, with the 3.3 hours was estimated by FDA, as this enter the docket [USCG–2005–23285] exception of § 803.19. Section 803.19 is section deals with a respondent creating more than once, please submit them by expected to take approximately 3 hours new MDR procedures and is a one-time only one of the following means: to complete, but is only required for function. The ‘‘total hours’’ for this (1) By mail to the Docket Management reporting the summarized data quarterly section equals approximately 726 hours. Facility, U.S. Department of to FDA. By summarizing events, the Under § 803.18, 30,000 respondents Transportation (DOT), room PL–401, total time used to report for this section represent distributors, importers, and 400 Seventh Street SW., Washington, is reduced because the respondents do other respondents to this information DC 20590–0001. not submit a full report for each event collection. FDA estimates that it should (2) By delivery to room PL–401 on the they report in a quarterly summary take them approximately 11⁄2 hours to Plaza level of the Nassif Building, 400 report. complete the recordkeeping requirement Seventh Street SW., Washington, DC, The agency believes that the majority for this section. Total hours for this between 9 a.m. and 5 p.m., Monday of manufacturers, user facilities, and section equal 45,000 hours. through Friday, except Federal holidays. importers have already established The telephone number is 202–366– written procedures to document Dated: December 8, 2005. 9329. complaints and information to meet the Jeffrey Shuren, (3) By fax to the Docket Management medical device reporting (MDR) Assistant Commissioner for Policy. Facility at 202–493–2251. requirements as part of their internal [FR Doc. E5–7726 Filed 12–22–05; 8:45 am] (4) Electronically through the Web quality control system. There are an BILLING CODE 4160–01–S Site for the Docket Management System estimated 30,000 medical device at http://dms.dot.gov. distributors. Although they do not The Docket Management Facility submit MDR reports, they must maintains the public docket for this maintain records of complaints, under notice. Comments and material received § 803.18(d). from the public, as well as documents The agency has estimated that on mentioned in this notice as being average, 220 user facilities, importers, available in the docket, will become part and manufacturers would annually be of this docket and will be available for required to establish new procedures, or inspection or copying at room PL–401
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on the Plaza level of the Nassif Building, http://dms.dot.gov at any time and regulated under Title 46 CFR. The 400 Seventh Street SW., Washington, conduct a simple search using the implementing regulations are 46 CFR DC, between 9 a.m. and 5 p.m., Monday docket number. You may also visit the Part 4. through Friday, except Federal holidays. Docket Management Facility in room Respondents: Owners, charterers, You may also find this docket on the PL–401 on the Plaza level of the Nassif managing operators or agents of a vessel Internet at http://dms.dot.gov. Building, 400 Seventh Street SW., of the United States. Copies of the complete ICR are Washington, DC, between 9 a.m. and 5 Frequency: On occasion. available through this docket on the p.m., Monday through Friday, except Burden Estimate: The estimated Internet at http://dms.dot.gov, and also Federal holidays. burden remains 137 hours a year. Privacy Act: Anyone can search the from Commandant (CG–611), U.S. Coast Dated: December 19, 2005. electronic form of all comments Guard Headquarters, room 6106 (Attn: R.T. Hewitt, Mr. Arthur Requina), 2100 Second received in dockets by the name of the Rear Admiral, Assistant Commandant for Street SW., Washington, DC 20593– individual submitting the comment (or signing the comment, if submitted on Command, Control, Communications, 0001. The telephone number is 202– Computers and Information Technology. behalf of an association, business, labor 475–3523. [FR Doc. E5–7793 Filed 12–22–05; 8:45 am] FOR FURTHER INFORMATION CONTACT union, etc.). You may review the : Mr. BILLING CODE 4910–15–P Arthur Requina, Office of Information Privacy Act Statement of DOT in the Management, telephone 202–475–3523, Federal Register published on April 11, 2000 (65 FR 19477), or you may visit or fax 202–475–3929, for questions on DEPARTMENT OF HOMELAND http://dms.dot.gov. these documents; or telephone Ms. SECURITY Renee V. Wright, Program Manager, Information Collection Request Coast Guard Docket Operations, 202–493–0402, for 1. Title: Vessel Reporting questions on the docket. Requirements. [CGD08–05–016] SUPPLEMENTARY INFORMATION: OMB Control Number: 1625–0048. Summary: The information obtained RIN 1625–AA01 Public Participation and Request for from these reports will be used by the Comments Coast Guard to determine if the vessel Anchorage Regulations; Mississippi We encourage you to respond to this reported on is in distress and if so, to River Below Baton Rouge, LA, request for comments by submitting take action to provide needed Including South and Southwest Passes comments and related materials. We assistance. These reports (a) increase the AGENCY: Coast Guard, DHS. will post all comments received, likelihood of timely assistance to vessels ACTION: Notice of meeting. without change, to http://dms.dot.gov; in distress, especially those that cannot they will include any personal communicate their distress to the SUMMARY: The United States Coast information you have provided. We vessel’s owner or others in a position to Guard will meet to discuss the have an agreement with DOT to use the help, and (b) to place a burden of comments received relating to the Docket Management Facility. Please see responsibility upon the owner, Notice of Proposed Rulemaking (NPRM) the paragraph on DOT’s ‘‘Privacy Act charterer, managing operator or agent for Kenner Bend Anchorage as Policy’’ below. for the safety of the vessels. This is of published in the Federal Register, Vol. Submitting comments: If you submit a the utmost importance since these 70, No. 80 on Wednesday, April 27, comment, please include your name and persons are often the only ones with 2005. address, identify the docket number knowledge of the vessels’ intended [USCG–2005–23285], indicate the movements. DATES: The meeting will be held on specific section of the document to Need: Paragraph (a) of 46 U.S.C. 2306 Wednesday, January 4, 2006, from 9 which each comment applies, and give requires the owner, charterer, managing a.m. to 12 p.m. This meeting may the reason for each comment. You may operator or agent of a vessel of the adjourn early if all business is finished. submit your comments and material by United States to immediately notify the ADDRESSES: The meeting will be held in electronic means, mail, fax, or delivery Coast Guard if there is reason to believe the Basement Conference Room at the to the Docket Management Facility at that the vessel may have been lost or Hale Boggs Federal Building, 500 the address under ADDRESSES; but imperiled. Further, the owner, charterer, Poydras Street, New Orleans, Louisiana. please submit them by only one means. managing operator or agent of a vessel This notice is available on the Internet If you submit them by mail or delivery, required to report to the United States at http://dms.dot.gov. submit them in an unbound format, no Flag Merchant Vessel Location Filing FOR FURTHER INFORMATION CONTACT: larger than 81⁄2 by 11 inches, suitable for System (USMER) must immediately Lieutenant Junior Grade (LTJG) Melissa copying and electronic filing. If you notify the Coast Guard if more than 48 Owens, Waterways Management submit them by mail and would like to hours have passed since last receiving Division, telephone (504) 846–5923, fax know that they reached the Facility, communication from the vessel. These (504) 589–8919. please enclose a stamped, self-addressed reports must be followed by written postcard or envelope. We will consider communication submitted to the Coast Background all comments and material received Guard within 24 hours. Paragraph (c) of Runway 1–19 at the Louis Armstrong during the comment period. We may 46 U.S.C. 2306 gives the Secretary of New Orleans International Airport is change the documents supporting this Transportation authority to prescribe positioned in a north-south line running collection of information or even the regulations to carry out 46 U.S.C. 2306. parallel to the Airport Access Road. underlying requirements in view of The Secretary has delegated this 46 Aircraft approaching the runway from them. U.S.C. 2306 responsibility to the Coast the south or departing the runway from Viewing comments and documents: Guard in Department of Homeland the north pass over the Lower Kenner To view comments, as well as Security Delegation No. 0170–2(92)(a). Bend Anchorage. Due to the close documents mentioned in this notice as The Coast Guard has implemented these proximity of Runway 1–19 to Kenner being available in the docket, go to reporting requirements for all vessels Bend, aircraft occasionally descend and
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ascend directly over vessels anchored in DEPARTMENT OF HOMELAND committees. In 1977, Executive Order the Lower Kenner Bend Anchorage, SECURITY 12024 transferred the advisory creating a potentially dangerous committee functions, as well as the situation that is of particular concern Transportation Security Administration statutorily mandated Committee during periods of reduced visibility. Management Secretariat, from OMB to Renewal of the Aviation Security Aircraft approaching the runway from the General Services Administration Advisory Committee (ASAC) the south follow a descending glide (GSA). As part of its responsibility slope path with a minimum height of AGENCY: Transportation Security under FACA, GSA issues government- 311 feet above mean sea level over the Administration, DHS. wide guidelines and regulations for Federal Advisory Committee Kenner Bend Anchorage. Certain vessels ACTION: Notice of committee renewal. with cargo handling equipment such as Management. GSA’s implementation cranes and boom are capable of SUMMARY: The Transportation Security regulations on FACA management may be found in 41 CFR part 102–3. extending equipment to a height Administration (TSA) announces that upwards of 300 feet above the waterline. the Aviation Security Advisory The Aviation Security Advisory This amendment to the anchorage Committee (ASAC) was renewed on Committee regulations for the Mississippi River November 28, 2005. The Secretary of the below Baton Rouge, LA, including Department of Homeland Security has TSA’s Aviation Security Advisory determined that renewal of the ASAC is South and Southwest Passes is proposed Committee (ASAC) is a ‘‘discretionary’’ necessary and in the public interest in advisory committee. A discretionary to prohibit vessels that are anchored in connection with the performance of advisory committee is one that is the Lower Kenner Bend Anchorage from duties of TSA. This determination established under the authority of an engaging in cargo transfer operations or follows consultation with the agency head or authorized by statute. exercising any shipboard equipment Committee Management Secretariat, An advisory committee referenced in such as cranes and booms while at General Services Administration (GSA), general (non-specific) authorizing anchor. This proposed revision is who is responsible for monitoring and language or Congressional committee needed to increase safety at Kenner reporting executive branch compliance report language is discretionary, and its Bend by reducing the potential for with the Federal Advisory Committee establishment or termination is within collision between aircraft and vessels Act (FACA). the legal discretion of an agency head. anchored in the Lower Kenner Bend FOR FURTHER INFORMATION CONTACT: Normally, a discretionary advisory Anchorage. Joseph Corrao, Designated Federal committee’s charter is terminated upon the expiration of a period not to exceed Discussion of Issues Official, Aviation Security Advisory Committee, Transportation Security two years, unless renewed. The Coast Guard received three Administration, 601 South 12th Street, ASAC is a standing committee negative comments to the NPRM for Arlington, VA 22202–4220; telephone composed of Federal and private sector Kenner Bend Anchorage from the (571) 227–2980, e-mail organizations that was chartered in 1989 Maritime Navigation Safety Association [email protected]. by the Federal Aviation Administration (MNSA), the Steamship Association of SUPPLEMENTARY INFORMATION: in the wake of the crash of Pan Louisiana (SALA), and the New Orleans American World Airways Flight 103 in and Baton Rouge Port (NOBRA) Pilots. Background 1988 over Lockerbie, Scotland. ASAC’s All three organizations contend that the Federal Advisory Committee Act purpose was to ‘‘develop*** complete prohibition against using recommendations for the improvement In 1972, the Federal Advisory cargo-handling equipment is excessive, of methods, equipment, and procedures Committee Act (FACA) (Pub. L. 92–463, to improve civil aviation security.’’ and argue that some operations should 5 U.S.C., App) was enacted by Congress. be allowed while at anchor. To better FACA is the legal foundation defining On November 19, 2001, the Aviation express their concerns, all parties how Federal advisory committees and Transportation Security Act (ATSA) requested a public meeting be held. This operate. The law has special emphasis was signed into law, which among other meeting is open to the public. Please on open meetings, chartering, public things established the Transportation note that the meeting may close early if involvement, and reporting. Its purpose Security Administration (TSA) and all business is finished. was to ensure that advice rendered to transferred to it the responsibility for civil aviation security. Accordingly, Information on Services for Individuals the executive branch by the various advisory committees, task forces, sponsorship of ASAC was also With Disabilities boards, and commissions formed over transferred to TSA. Since taking on management of ASAC in August 2002, For information on facilities or the years by Congress and the president, be both objective and accessible to the TSA has taken steps to focus the services for individuals with committee’s efforts in directions that are disabilities, or to request special public. The Act not only formalized a process for establishing, operating, relevant and useful to TSA’s post- assistance at the meetings, contact the September 11 mission. Committee Administrator at the location overseeing, and terminating these indicated under Addresses as soon as advisory bodies, but also created the In 2003, TSA revised the ASAC possible. Committee Management Secretariat, an charter, organizing ASAC’s membership organization whose task it is to monitor to better assure fair balance in terms of Dated: December 8, 2005. and report executive branch compliance the points of view of those represented R.F. Duncan, with the Act. 5 U.S.C. App. 1, section and the functions performed by the Rear Admiral, U.S. Coast Guard, Commander 2(a). committee. The charter also Eighth Coast Guard District. When initially enacted, FACA standardizes membership renewal dates [FR Doc. E5–7794 Filed 12–22–05; 8:45 am] assigned to the Office of Management for public representatives, and BILLING CODE 4910–15–P and Budget (OMB) responsibility for continues to encourage participation by Government oversight of advisory other interested government agencies.
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The Aviation Security Advisory DEPARTMENT OF HOMELAND Issued in Arlington, Virginia, on December Committee Renewal SECURITY 19, 2005. Mike Restovich, The renewal and use of the Aviation Transportation Security Administration Assistant Administrator, Transportation Security Advisory Committee are Sector Network Management. determined to be in the public interest Aviation Security Advisory Committee [FR Doc. 05–24401 Filed 12–22–05; 8:45 am] in connection with the performance of Meeting BILLING CODE 4910–62–P duties imposed on TSA by law as follows: AGENCY: Transportation Security Administration (TSA), DHS. Name of Committee: Aviation DEPARTMENT OF HOMELAND Security Advisory Committee. ACTION: Notice of meeting. SECURITY Purpose and Objective: The Aviation SUMMARY: This notice announces a U.S. Citizenship and Immigration Security Advisory Committee (ASAC) public meeting of the Aviation Security Services will examine areas of civil aviation Advisory Committee (ASAC). security, as tasked by TSA, with the aim DATES: The meeting will take place on Agency Information Collection of developing recommendations for the January 11, 2006, from 9 a.m. to 12:30 Activities: Comment Request improvement of civil aviation security p.m. or the conclusion of the methods, equipment, and procedures. ACTION: committee’s business. 60-Day Notice of Information ASAC recommendations are forwarded Collection Under Review; Contracts to the TSA Administrator for ADDRESSES: The meeting will be held at Concerning Project Speak Out, Form G– consideration in future rulemaking Residence Inn by Marriott Pentagon 1046; OMB Control Number 1615–0074. actions and security program City, 550 Army Navy Drive, Arlington amendments. VA 22202. The Department of Homeland Security, U.S. Citizenship and Balanced Membership Plans: ASAC is FOR FURTHER INFORMATION CONTACT: Immigration Services has submitted the composed of the following organizations Joseph Corrao, Office of Transportation Sector Network Integration, following information collection request representing key constituencies affected for review and clearance in accordance by aviation security requirements: Transportation Security Administration, 601 South 12th Street, Arlington, VA with the Paperwork Reduction Act of • Victims of Terrorist Acts Against 1995. The information collection is Aviation 22202–4220; telephone 571–227–2980, e-mail [email protected]. published to obtain comments from the • Law Enforcement and Security public and affected agencies. Comments SUPPLEMENTARY INFORMATION: Experts This are encouraged and will be accepted for meeting is announced pursuant to • Government Agencies sixty days until February 21, 2006. section 10(a)(2) of the Federal Advisory Written comments and/or suggestions • Aviation Consumer Advocates Committee Act, as amended (5 U.S.C. • regarding the item(s) contained in this Airport Tenants and General App.). The agenda for the meeting will notice, especially regarding the Aviation include— • estimated public burden and associated • Airport Operators Status reports on the actions of the response time, should be directed to the • Airline Management Airport Security Design Guidelines Department of Homeland Security • Working Group, the Aviation Security (DHS), USCIS, Director, Regulatory Airline Labor Impact Assessment Working Group, and • Aircraft Manufacturers Management Division, Clearance Office, the Freight Assessment System Working 111 Massachusetts Avenue, 3rd floor, • Air Cargo Representatives Group; • Washington, DC 20529. Comments may Each private sector organization shall A proposal to establish a new also be submitted to DHS via facsimile be appointed to membership in one, and working group on Baggage Screening to 202–272–8352 or via e-mail at no more than one, of the foregoing Investment; and • rfs.regs@gov. When submitting constituent categories. Apart from Other aviation security topics. comments by e-mail please make sure to Federal Government, there shall be a This meeting is open to the public but add OMB Control Number 1615–0074 in maximum of three member attendance is limited to space available. the subject box. Written comments and organizations per membership category. Members of the public must make suggestions from the public and affected Duration: The committee’s charter is advance arrangements to present oral agencies should address one or more of effective November 28, 2005, upon statements at the meeting. Written the following four points: filing, and expires November 28, 2007. statements may be presented to the (1) Evaluate whether the collection of committee by providing copies of them Responsible TSA Officials: Joseph information is necessary for the proper to the person listed under the heading Corrao, Designated Federal Official performance of the functions of the FOR FURTHER INFORMATION CONTACT prior (DFO), Aviation Security Advisory agency, including whether the to or at the meeting. Anyone in need of Committee, Transportation Security information will have practical utility; assistance or a reasonable Administration, 601 South 12th Street, (2) Evaluate the accuracy of the accommodation for the meeting should Arlington, VA 22202–4220; telephone agencies estimate of the burden of the contact the person listed under the (571) 227–2980, e-mail collection of information, including the heading FOR FURTHER INFORMATION [email protected]. validity of the methodology and CONTACT. In addition, sign and oral assumptions used; Issued in Arlington, Virginia, on December interpretation, as well as a listening (3) Enhance the quality, utility, and 19, 2005. device, can be made available at the clarity of the information to be Mike Restovich, meeting if requested 10 calendar days collected; and Assistant Administrator, Transportation before the meeting. Arrangements may (4) Minimize the burden of the Sector Network Management. be made by contacting the person listed collection of information on those who [FR Doc. 05–24400 Filed 12–22–05; 8:45 am] under the heading FOR FURTHER are to respond, including through the BILLING CODE 4910–62–P INFORMATION CONTACT. use of appropriate automated,
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electronic, mechanical, or other DEPARTMENT OF HOUSING AND DATES: January 26, 2006, at 10 a.m. technological collection techniques or URBAN DEVELOPMENT ADDRESSES: Anchorage Hilton Hotel, other forms of information technology, [Docket No. FR–4980–N–51] 500 West Third Avenue, Anchorage, e.g., permitting electronic submission of Alaska. responses. Federal Property Suitable as Facilities FOR FURTHER INFORMATION CONTACT: Overview of this information To Assist the Homeless Douglas Mutter, Department of the collection: AGENCY: Office of the Assistant Interior, Office of Environmental Policy (1) Type of Information Collection: Secretary for Community Planning and and Compliance, 1689 ‘‘C’’ Street, Suite Extension of existing information Development, HUD. 119, Anchorage, Alaska 99501, (907) 271–5011. collection. ACTION: Notice. SUPPLEMENTARY INFORMATION: The (2) Title of the Form/Collection: SUMMARY: This Notice identifies Public Advisory Committee was created Contracts Concerning Project Speak Out. unutilized, underutilized, excess, and by Paragraph V.A.4 of the Memorandum (3) Agency form number, if any, and surplus Federal property reviewed by of Agreement and Consent Decree the applicable component of the HUD for suitability for possible use to entered into by the United States of Department of Homeland Security assist the homeless. America and the State of Alaska on sponsoring the collection: Form G–1046; DATES: Effective Date: December 23, August 27, 1991, and approved by the U.S. Citizenship and Immigration 2005. United States District Court for the Services. District of Alaska in settlement of FOR FURTHER INFORMATION CONTACT: United States of America v. State of (4) Affected public who will be asked Kathy Ezzell, Department of Housing Alaska, Civil Action No. A91–081 CV. or required to respond, as well as a brief and Urban Development, Room 7262, The meeting agenda will feature abstract: Primary: Individuals or 451 Seventh Street, SW., Washington, discussions on the restoration synthesis households. This form provides a DC 20410; telephone (202) 708–1234; project, status reports on current standardized way of recording the TTY number for the hearing- and projects, and review of the proposed number of individuals contacting the speech-impaired (202) 708–2565, (these invitation for project proposals for fiscal Community Based Organizations telephone numbers are not toll-free), or year 2007. concerning the practitioner fraud pilot call the toll-free Title V information line program. The USCIS will use the at 1–800–927–7588. Willie R. Taylor, information collected on the form to SUPPLEMENTARY INFORMATION: In Director, Office of Environmental Policy and determine how many persons are served accordance with the December 12, 1988 Compliance. by the program and if its public court order in National Coalition for the [FR Doc. E5–7766 Filed 12–22–05; 8:45 am] outreach efforts are successful. Homeless v. Veterans Administration, BILLING CODE 4310–RG–P No. 88–2503–OG (D.D.C.), HUD (5) An estimate of the total number of publishes a Notice, on a weekly basis, respondents and the amount of time identifying unutilized, underutilized, DEPARTMENT OF THE INTERIOR estimated for an average respondent to excess and surplus Federal buildings Fish and Wildlife Service respond: 6,000 responses at 42 minutes and real property that HUD has per response, plus 600 submissions at reviewed for suitability for use to assist 10 minutes per submission. Notice of Availability of the Draft the homeless. Today’s Notice is for the Comprehensive Conservation Plan and (6) An estimate of the total public purpose of announcing that no Environmental Assessment for burden (in hours) associated with the additional properties have been Maxwell National Wildlife Refuge, collection: 4,300 annual burden hours. determined suitable or unsuitable this Maxwell, NM If you have additional comments, week. AGENCY: Fish and Wildlife Service, suggestions, or need a copy of the Dated: December 15, 2005. Department of the Interior. proposed information collection Mark R. Johnston, ACTION: Notice of availability. instrument with instructions, or Director, Office of Special Needs Assistance additional information, please visit the Programs. SUMMARY: The U.S. Fish and Wildlife USCIS Web site at: http://uscis.gov/ [FR Doc. 05–24281 Filed 12–22–05; 8:45 am] Service (Service) announces that a Draft graphics/formsfee/forms/pra/index.htm. BILLING CODE 4210–29–M Comprehensive Conservation Plan and If additional information is required Environmental Assessment (Draft CCP/ contact: USCIS, Regulatory Management EA) for the Maxwell National Wildlife Division, 111 Massachusetts Avenue, DEPARTMENT OF THE INTERIOR Refuge is available for review and comment. This Draft CCP/EA was 3rd Floor, Washington, DC 20529, (202) Office of the Secretary 272–8377. prepared pursuant to the National Wildlife Refuge System Administration Exxon Valdez Oil Spill Trustee Council; Dated: December 20, 2005. Act of 1966, as amended by the National Notice of Meeting Stephen Tarragon, Wildlife Refuge System Improvement Deputy Director, Regulatory Management AGENCY: Office of the Secretary, Act of 1997 (16 U.S.C. 668dd–668ee et Division, U.S. Citizenship and Immigration Department of the Interior. seq), and the National Environmental Services. ACTION: Notice of meeting. Policy Act of 1969 (42 U.S.C. 4321– [FR Doc. 05–24397 Filed 12–22–05; 8:45 am] 4370d). It describes how the Service BILLING CODE 4410–10–M SUMMARY: The Department of the intends to manage the refuge over the Interior, Office of the Secretary is next 15 years. Compatibility announcing a public meeting of the determinations for several existing uses Exxon Valdez Oil Spill Public Advisory (farming, sport fishing, wildlife Committee. observation, photography,
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environmental education and Background restoration, control invasive plant interpretation) were re-evaluated, and The Maxwell National Wildlife species, and provide/enhance habitat for are included in the draft plan. In Refuge was established on August 24, grassland birds and other resident addition, draft compatibility 1965 by the authority of the Migratory wildlife. The farming program would determinations for two new proposed Bird Conservation Act (16 U.S.C. 712d) continue to be emphasized. Inventory, uses (grazing and hunting) are also ‘‘* * * for use as an inviolate sanctuary, monitoring, and research would available for review and comment in the or any other management purpose, for increase. The public use program would Draft CCP/EA. migratory birds.’’ Located in northeast increase and/or enhance educational and outreach activities, recreational DATES: Written comments must be New Mexico, the 3,699 acre Refuge is comprised of 2,300 acres of grassland, opportunities (including continued received at the address below by fishing, wildlife observation, February 21, 2006. 907 acres of lakes (which are leased from Vermejo Conservancy District), 50 photography and consideration of ADDRESSES: Send comments to Carol acres of wetlands, 39 acres of woodlots, hunting opportunities), community Torrez, Biologist/Natural Resource 440 acres of croplands, several miles of involvement, and facilities. Planner, U.S. Fish and Wildlife Service, irrigation canals, and approximately 10 Alternative C proposes to manage P.O. Box 1306, Albuquerque, New acres of administrative lands. Most of Maxwell NWR as part of a complex with Mexico, 87103–1306, Telephone: (505) the area was utilized for grazing and Las Vegas NWR and turn all farming 248–6821, Fax: (505) 248–6874. farming prior to acquisition. Current efforts over to cooperative farmers. By Comments may also be submitted via management efforts focus on farming to transferring all farming activities to electronic mail to: [email protected]. provide food for migrating and cooperative farmers and combining both refuge staffs, more time would The draft CCP/EA is available on wintering waterfowl, maintaining biological diversity, preserving native potentially be made available for native compact diskette or hard copy, and may grassland restoration, invasive species be obtained by writing, telephoning, grasslands and managing public use. The Draft CCP/EA addresses a range control, and maintenance of natural faxing, or e-mailing Carol Torrez at the diversity. The prescribed fire program above listed address. The draft CCP/EA of topics including habitat and wildlife management, public use opportunities, and comprehensive habitat monitoring will also be available for viewing and and evaluation would be emphasized. downloading online at http:// invasive species control, and administration and staffing for the The public use program would be www.fws.gov/southwest/refuges/plan/ similar to Alternative B. index.html. refuge. Three alternatives for managing the refuge are proposed and evaluated None of the alternatives propose any FOR FURTHER INFORMATION CONTACT: in the EA. Each alternative describes a acquisition or refuge boundary Carol Torrez, Biologist/Natural Resource combination of habitat and public use expansion. Planner, 505–248–6821 or Patty Hoban, management actions designed to Public Involvement Refuge Manager, 505–375–2331. achieve the refuge purposes, goals, and The draft CCP/EA is available for vision. The Service prefers Alternative B SUPPLEMENTARY INFORMATION: public review and comment for a period The because it best achieves refuge of 60 days. Copies of the document can National Wildlife Refuge System purposes, vision, and goals; contributes be obtained as indicated in the Administration Act of 1966, as amended to the Refuge System mission; addresses by the National Wildlife Refuge System relevant issues and mandates; and is ADDRESSES section. In addition, Improvement Act of 1997 (16 U.S.C. consistent with the principles of sound documents will be available for public 668dd-668ee et seq) requires the Service fish and wildlife management. The inspection during normal business to develop a CCP for each National alternatives are briefly described below. hours (8 a.m.–4:30 p.m.) at the Maxwell Wildlife Refuge. The purpose in Alternative A is ‘no action’ or NWR Headquarters Office, 2 miles developing a CCP is to provide refuge continuance of current management. northwest of the town of Maxwell, New managers with a 15-year strategy for Under this alternative, management Mexico off I–25, and at the following achieving refuge purposes and efforts would continue to focus on libraries: contributing toward the mission of the farming, invasive species control, and Fred Macaron Library, 600 Colbert National Wildlife Refuge System, preservation of native grasslands. The Avenue, Springer, NM consistent with sound principles of fish public use program would remain at Cimmaron Public Library, 356D E. 9th and wildlife management, conservation, current levels, with fishing and wildlife St., Cimmaron, NM legal mandates, and Service policies. In observation being the main focus. City of Raton Library, 244 Cook Avenue, addition to outlining broad management Environmental education and Raton, NM direction on conserving wildlife and interpretation would be accommodated An open house/public meeting will be their habitats, the CCP identifies on a case-by-case basis. No new held at the Maxwell NWR Headquarters wildlife-dependent recreational recreational/hunting opportunities or to receive comments on the Draft CCP/ opportunities available to the public, facilities would be developed on the EA during the open comment period on including opportunities for hunting, refuge. Refuge management programs January 25, 2006 from 11 a.m.–7 p.m. fishing, wildlife observation and would continue to be developed and Special mailings, newspaper articles, photography, and environmental implemented with little baseline and/or other media announcements will education and interpretation. We will biological information. be used to inform the public of the date review and update the CCP at least Alternative B is the proposed action. and time of the meeting. every 15 years in accordance with the This alternative would implement a Public comments are requested, National Wildlife Refuge System variety of habitat management considered, and incorporated Administration Act of 1966, as amended techniques (prescribed burning, throughout the planning process. After by the National Wildlife Refuge System experimental grazing, and mechanical the review and comment period ends for Improvement Act of 1997, and the and chemical invasive species control this draft CCP/EA, comments will be National Environmental Policy Act of methods) to encourage ecological analyzed by the Service and addressed 1969. integrity, promote native prairie in the Final CCP. All comments
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received from individuals, including (615) 564–6701. Please include your Public Comment Availability names and addresses, become part of name, return address and the caption, Comments, including names and the official public record. Requests for ‘‘DEIS Scoping Comments, Oneida addresses of respondents, will be such comments will be handled in Indian Nation of New York Trust available for public review at all of the accordance with the Freedom of Acquisition Project,’’ on the first page of mailing addresses shown in the Information Act and the Council on your written comments. ADDRESSES section (except those for the Environmental Quality’s NEPA The January 10, 2006, public scoping public meetings) during regular regulations [40 CFR 1506.6 (f)], and meeting will be held in Oneida County business hours, 8 a.m. to 4:30 p.m. other Service and Departmental policies at Vernon-Verona-Sherrill High School, (unless otherwise shown), Monday and procedures. 5275 State Route 31, Verona, New York through Friday, except holidays. Dated: October 11, 2005. 13478. The January 11, 2006, meeting Individual respondents may request Geoffrey L. Haskett, will be held in Madison County at confidentiality. If you wish us to Acting Regional Director, U.S. Fish and Oneida High School, 560 Seneca Street, withhold your name and/or address Wildlife Service, Albuquerque, New Mexico. Oneida, New York 13421. from public review or from disclosure [FR Doc. E5–7773 Filed 12–22–05; 8:45 am] Additional information concerning under the Freedom of Information Act, BILLING CODE 4310–55–P the trust land application will be you must state this prominently at the available for public review online at beginning of your written comment. Such requests will be honored to the DEPARTMENT OF THE INTERIOR http://www.oneidanationtrust.net and at the following locations during regular extent allowed by law. We will not, however, consider anonymous Bureau of Indian Affairs business hours, Monday through Friday, except holidays: Oneida Nation Annex comments. All submissions from Notice of Intent To Prepare an Building, 579A Main Street, Oneida, organizations or businesses and from Environmental Impact Statement for New York 13421 (business hours: 10 individuals identifying themselves as the Proposed Fee-to-Trust Transfer a.m. to 4 p.m.); Oneida City Hall, 109 N. representatives or officials of From the Oneida Indian Nation of New Main Street, Downstairs Basement organizations or businesses will be York to the Bureau of Indian Affairs of Room, Oneida, New York 13421; and made available for public inspection in 17,370 Acres of Land in Oneida and Town of Verona Town Hall, 6600 their entirety. Madison Counties, NY Germany Road, Back Conference Room, Authority Durhamville, New York 13054. AGENCY: Bureau of Indian Affairs, This notice is published in Interior. FOR FURTHER INFORMATION CONTACT: Kurt accordance with section 1503.1 of the ACTION: Notice. G. Chandler, (615) 564–6832. Council on Environmental Quality regulations (40 CFR parts 1500 through SUPPLEMENTARY INFORMATION: SUMMARY: This notice advises the public The EIS 1508) implementing the procedural that the Bureau of Indian Affairs (BIA), will assess the environmental requirements of the National as lead agency, with the cooperation of consequences of BIA approval of the Environmental Policy Act of 1969, as the Oneida Indian Nation (Nation), proposed transfer of 17,370 acres, in amended (42 U.S.C. 4321 et seq.), and intends to gather the information several non-contiguous parcels the Department of Interior Manual (516 necessary for preparing an currently held in fee by the Nation in DM 1–6), and is in the exercise of Environmental Impact Statement (EIS) Oneida and Madison Counties, New authority delegated to the Principal for the taking into trust of 17,370 acres York, into trust status for the benefit of Deputy Assistant Secretary—Indian of land currently held in fee by the the Nation. The parcels being Affairs by 209 DM 8. Nation. The purpose of the proposed considered for the fee-to-trust transfer action is to help ensure the Nation’s include gaming and resort properties, Dated: December 16, 2005. cultural preservation, self- including the Turning Stone Casino Michael D. Olsen, determination, self-sufficiency and resort in Verona, New York, housing for Acting Principal Deputy Assistant Secretary— economic independence as a federally Nation members, health care facilities, Indian Affairs. recognized Indian tribe by securing the government offices, commercial [FR Doc. E5–7787 Filed 12–22–05; 8:45 am] properties into its trust land base. This enterprises such as marinas, service BILLING CODE 4310–02–P notice also announces public scoping stations and convenience stores, vacant meetings in Oneida and Madison and undeveloped lands and lands used Counties, New York, to identify for traditional Iroquois agriculture, for DEPARTMENT OF THE INTERIOR livestock and for hunting and fishing. potential issues and content for Bureau of Land Management inclusion in the EIS. The EIS will analyze all pertinent DATES: Written comments on the scope environmental, social and economic [CA–660–1430–ER–CACA–44491] of the EIS or implementation of the attributes of the affected environment proposal must arrive by January 23, and potential environmental Notice of Availability of the Final 2006. consequences of taking the lands into Environmental Impact Statement/ The public scoping meetings will be trust. The BIA has so far identified Environmental Impact Report (EIS/EIR) held January 10, 2006, and January 11, infrastructure (including schools), for the Imperial Irrigation District’s 2006, from 6:30 to 9:30 p.m., or until the socioeconomics (including taxes, Desert Southwest Transmission Line last public comment is received. employment, income, population and Project, California ADDRESSES: You may mail, hand carry housing) and cumulative effects as key AGENCY: Bureau of Land Management, or telefax written comments to Franklin issues for analysis in the EIS. The range Interior. Keel, Regional Director, Eastern of issues may be further expanded, ACTION: Notice of Availability of Final Regional Office, Bureau of Indian based on comments received in Environmental Impact Statement/ Affairs, 545 Marriott Drive, Suite 700, response to this notice and at the public Environmental Impact Report (EIS/EIR). Nashville, Tennessee 37214, Telefax scoping meetings.
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SUMMARY: In accordance with the California Edison Company’s Devers FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act of Substation, located several miles north David H. Murphy, Acting Chief, Branch 1969, as amended, 42 U.S.C. 4321–4347, of Palm Springs, California. Four of Fluid Minerals at (801) 539–4122. and 40 CFR Part 1500, the Bureau of alternatives and several minor David H. Murphy, Land Management (BLM) announces variations to these alternatives are also that the Final EIS/EIR for the Imperial considered. A Record of Decision for the Acting Chief, Branch of Fluid Minerals. Irrigation District’s (IID) Desert proposed project will be prepared [FR Doc. E5–7760 Filed 12–22–05; 8:45 am] Southwest Transmission Line Project is following the review of the final EIS. A BILLING CODE 4310–DK–P available for a thirty (30) day public copy of the Final EIS/EIR is available for review and comment period. review and comment via the Internet at DATES: The public is provided 30 days http://www.ca.blm.gov/palmsprings. DEPARTMENT OF JUSTICE for review and comment after the date Electronic (on CD–ROM) and paper that the Environmental Protection copies may also be obtained by Office of Justice Programs Agency (EPA) publishes its Notice of contacting Diane Gomez at the Agency Information Collection Availability for this document in the aforementioned addresses and phone Activities: Proposed Collection; Federal Register. number. Comments Requested ADDRESSES: If you wish to comment, Dated: September 26, 2005. you may submit your comments by any Elena Misquez, ACTION: 30-day notice of information of several methods. You may mail Acting Field Manager. collection under review: State Court comments to: Gail Acheson, Field Processing Statistics, 2006. Manager, Bureau of Land Management, [FR Doc. E5–7761 Filed 12–22–05; 8:45 am] Palm Springs—South Coast Field Office, BILLING CODE 4310–40–P The Department of Justice (DOJ), 690 W. Garnet Ave., P.O. Box 581260, Office of Justice Programs (OJP) has North Palm Springs, CA 92258. submitted the following information You may also comment via the DEPARTMENT OF THE INTERIOR collection request to the Office of Internet to: [email protected]. Please Management and Budget (OMB) for include in the subject line: ‘‘Final EIS/ Bureau of Land Management review and approval in accordance with EIR, Desert Southwest Transmission the Paperwork Reduction Act of 1995. Notice of Proposed Reinstatement of Line Project’’ and your name and return The proposed information collection is Terminated Oil and Gas Lease, address in your Internet message. If you published to obtain comments from the UTU76247 do not receive a confirmation that we public and affected agencies. This have received your Internet message, December 20, 2005. proposed information collection was contact Diane Gomez at (760) 251–4852. previously published in the Federal You may also hand-deliver comments AGENCY: Bureau of Land Management, Register Volume 70, Number 191, page to: Palm Springs—South Coast Field Interior. 57896 on October 4, 2005, allowing for Office, 690 W. Garnet Avenue, North ACTION: Notice. a 60-day comment period. Palm Springs, CA 92258. Our practice is The purpose of this notice is to allow to make comments, including names SUMMARY: Under the provisions of for an additional 30 days for public and home addresses of respondents, section 371(a) of the Energy Policy Act comment until January 23, 2006. This available for public review during of 2005, the lessee, Energy Minerals, process is conducted in accordance with regular business hours. Individual Inc., timely filed a petition for 5 CFR 1320.10. respondents may request that we reinstatement of oil and gas lease Written comments and/or suggestions withhold their home address from the UTU76247 in Uintah County, Utah. The regarding the items contained in this record, which we will honor to the lessee paid the required rental accruing notice, especially the estimated public extent allowable by law. There also may from the date of termination, April 1, burden and associated response time, be circumstances in which we would 2002. should be directed to the Office of withhold from the record a respondent’s Management and Budget, Office of identity, as allowable by law. If you No leases were issued that affect these Information and Regulatory Affairs, wish us to withhold your name and/or lands. The lessee agrees to new lease Attention Department of Justice Desk address, you must state this terms for rentals and royalties of $5 per 2 Officer, Washington, DC 20503. prominently at the beginning of your acre and 16 ⁄3 percent. The lessee paid Additionally, comments may be comment. However, we will not the $500 administration fee for the submitted to OMB via facsimile to (202) consider anonymous comments. We reinstatement of the lease and $155 cost 395–5806. Written comments and will make all submissions from for publishing this Notice. suggestions from the public and affected organizations or businesses, and from The lessee met the requirements for agencies concerning the proposed individuals identifying themselves as reinstatement of the lease per section collection of information are representatives or officials of 31(e) of the Mineral Leasing Act of 1920 encouraged. Your comments should organizations or businesses, available (30 U.S.C. 188(e)). We are proposing to address one or more of the following for public inspection in their entirety. reinstate the lease, effective the date of four points: FOR FURTHER INFORMATION CONTACT: termination subject to: —Evaluate whether the proposed Diane Gomez at (760) 251–4852 or e- • The original terms and conditions collection of information is necessary mail: [email protected]. of the lease; for the proper performance of the SUPPLEMENTARY INFORMATION: This Final • The increased rental of $5 per acre; functions of the agency, including EIS/EIR assesses the environmental whether the information will have • 2 effects of constructing, operating and The increased royalty of 16 ⁄3 practical utility; maintaining a 500 kilovolt (kV) percent; and —Evaluate the accuracy of the agencies electrical transmission line from an area • The $155 cost of publishing this estimate of the burden of the near Blythe, California, to the Southern Notice. proposed collection of information,
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including the validity of the Dated: December 20, 2005. the data collection and reporting system methodology and assumptions used; Brenda E. Dyer, for collecting annual agency —Enhance the quality, utility, and Department Clearance Officer, Department of performance data on meeting the goals clarity of the information to be Justice. of the order and other applicable collected; and [FR Doc. E5–7765 Filed 12–22–05; 8:45 am] statutes and policies, as stated in section —Minimize the burden of the collection BILLING CODE 4410–18–P 301(b). of information on those who are to In July 2000, the DOE prepared the respond, including through the use of Guidance Document for Federal appropriate automated, electronic, NATIONAL AERONAUTICS AND agencies, as required by Executive Order mechanical, or other technological SPACE ADMINISTRATION 13149. Section 2–3 requires agencies to report using DOE’s Federal Automotive collection techniques or other forms [Notice: 05–176] of information technology, e.g., Statistical Tool (FAST). FAST is accessed through http:// permitting electronic submission of Notice of Information Collection responses. fastweb.inel.gov/. AGENCY: National Aeronautics and II. Method of Collection Overview of This Information Space Administration (NASA). Collection ACTION: Notice of information collection. NASA collects this information electronically through http:// (1) Type of information collection: SUMMARY: The National Aeronautics and fastweb.inel.gov/. New information collection. Space Administration, as part of its III. Data (2) The title of the form/collection: continuing effort to reduce paperwork State Court Processing Statistics, 2006. and respondent burden, invites the Title: Federal Automative Statistical (3) The agency form number, if any, general public and other Federal Tool (FAST) Reporting of Government- and the applicable component of the agencies to take this opportunity to Owned Contractor-Operated Vehicles. Department sponsoring the collection: comment on proposed and/or OMB Number: 2700–0106. Form Number: SCPS–06. Bureau of continuing information collections, as Type of Review: Extension of a Justice Statistics, Office of Justice required by the Paperwork Reduction currently approved collection. Programs. Act of 1995 (Pub. L. 104–13, 44 U.S.C. Affected Public: Federal Government (4) Affected public who will be asked 3506(c)(2)(A)). and Business or other for-profit. or required to respond, as well as a brief DATES: All comments should be Estimated Number of Respondents: abstract: Primary: State, Local, or Tribal submitted within 60 calendar days from 93. Government. Other: Not-for-profit the date of this publication. Estimated Time Per Response: 15 institutions. State Trial Courts and ADDRESSES: All comments should be min/vehicle. Pretrial Agencies. Abstract: The SCPS addressed to Mr. Walter Kit, Reports Estimated Total Annual Burden project is a recurring data collection Officer, Office of the Chief Information Hours: 425. involving the examination of felony Officer, Mail Suite JA000, National Estimated Total Annual Cost: $0. cases processed in 40 large urban Aeronautics and Space Administration, IV. Requests for Comments counties chosen to be representative of Washington, DC 20546–0001. the 75 largest counties in the U.S. Comments are invited on: (1) Whether FOR FURTHER INFORMATION CONTACT: Approximately 15,000 felony cases are the proposed collection of information Requests for additional information or tracked for up to 1 year with data is necessary for the proper performance copies of the information collection collected on the pretrial, adjudication, of the functions of NASA, including instrument(s) and instructions should and sentencing phases of the criminal whether the information collected has be directed to Mr. Walter Kit, Reports court process. practical utility; (2) the accuracy of Officer, Office of the Chief Information NASA’s estimate of the burden (5) An estimate of the total number of Officer, NASA Headquarters, 300 E (including hours and cost) of the respondents and the amount of time Street SW., Mail Suite JA000, proposed collection of information; (3) estimated for an average respondent to Washington, DC 20546, (202) 358–1350, ways to enhance the quality, utility, and respond: It is estimated that information [email protected]. will be collected on a total of 15,000 clarity of the information to be SUPPLEMENTARY INFORMATION: felony cases from 40 responding collected; and (4) ways to minimize the counties. Public reporting burden for I. Abstract burden of the collection of information on respondents, including automated this collection of information is The Federal Automotive Statistical collection techniques or the use of other estimated to average one hour for each Tool (FAST) Reporting of Government- forms of information technology data collection form coded manually Owned Contractor-Operated Vehicles is and half an hour for each data collection an information collection required by Patricia L. Dunnington, form completed through automated Executive Order 13149, ‘‘Greening the Chief Information Officer. downloads. Government through Federal Fleet and [FR Doc. E5–7728 Filed 12–22–05; 8:45 am] (6) An estimate of the total public Transportation Efficiency,’’ section 505. BILLING CODE 7510–13–P burden (in hours) associated with the This order requires Federal agencies to collection: The estimated public burden ensure that all Government-owned associated with this collection is 13,850 contractor-operated vehicles comply NATIONAL AERONAUTICS AND hours. with all applicable goals and other SPACE ADMINISTRATION If additional information is required requirements of this order and that these contact: Brenda E. Dyer, Department goals and requirements are incorporated [05–173] Clearance Officer, United States into each contractor’s management Notice of Information Collection Department of Justice, Justice contract. This order requires the Management Division, Suite 1600, 601 Department of Energy (DOE) to issue AGENCY: National Aeronautics and D Street, NW., Washington, DC 20530. guidance to agencies and to establish Space Administration (NASA).
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ACTION: Notice of information collection. Total Annual Responses: 300. Washington, DC 20546, (202) 358–1350, Estimated Time Per Response: 15 [email protected]. SUMMARY: The National Aeronautics and minutes. SUPPLEMENTARY INFORMATION: Space Administration, as part of its Estimated Total Annual Burden continuing effort to reduce paperwork Hours: 75. I. Abstract and respondent burden, invites the Estimated Total Annual Cost: $0. NASA Science Files is an educational general public and other Federal resource for middle school teachers. agencies to take this opportunity to IV. Requests for Comments Feedback from educators will help the comment on proposed and/or Comments are invited on: (1) Whether NASA Center for Distance Learning to continuing information collections, as the proposed collection of information modify and adjust this resource to meet required by the Paperwork Reduction is necessary for the proper performance the needs of educators. Act of 1995 (Pub. L. 104–13, 44 U.S.C. of the functions of NASA, including 3506(c)(2)(A)). whether the information collected has II. Method of Collection DATES: All comments should be practical utility; (2) the accuracy of This is an electronic survey that is submitted within 60 calendar days from NASA’s estimate of the burden attached to an e-mail requesting the the date of this publication. (including hours and cost) of the educator to complete and return the ADDRESSES: All comments should be proposed collection of information; (3) survey. addressed to Mr. Walter Kit, Reports ways to enhance the quality, utility, and Officer, Office of the Chief Information clarity of the information to be III. Data Officer, Mail Suite JA000, National collected; and (4) ways to minimize the Title: NASA Science Files. Aeronautics and Space Administration, burden of the collection of information OMB Number: 2700–. Washington, DC 20546–0001. on respondents, including automated Type of Review: New Collection. FOR FURTHER INFORMATION CONTACT: collection techniques or the use of other Affected Public: State, Local, or Tribal Requests for additional information or forms of information technology Government, or Not-for-profit copies of the information collection Patricia L. Dunnington, institutions. instrument(s) and instructions should Chief Information Officer. Estimated Number of Respondents: be directed to Mr. Walter Kit, Reports [FR Doc. E5–7732 Filed 12–22–05; 8:45 am] 11,525. Officer, Office of the Chief Information Total Annual Responses: 300. BILLING CODE 7510–13–P Officer, NASA Headquarters, 300 E Estimated Time Per Response: .75 hr. Street SW., Mail Suite JA000, Estimated Total Annual Burden Washington, DC 20546, (202) 358–1350, NATIONAL AERONAUTICS AND Hours: 225. [email protected]. SPACE ADMINISTRATION Estimated Total Annual Cost: $0. SUPPLEMENTARY INFORMATION: [05–175] IV. Requests for Comments I. Abstract Comments are invited on: (1) Whether Notice of Information Collection NASA’s Destination Tomorrow is an the proposed collection of information adult science literacy program. The AGENCY: National Aeronautics and is necessary for the proper performance Destination Tomorrow Survey is Space Administration (NASA). of the functions of NASA, including required to continually modify and ACTION: Notice of information collection. whether the information collected has improve NASA’s Destination practical utility; (2) the accuracy of TomorrowTM program. NASA’s SUMMARY: The National Aeronautics and NASA’s estimate of the burden Destination TomorrowTM program is an Space Administration, as part of its (including hours and cost) of the educational resource for elementary continuing effort to reduce paperwork proposed collection of information; (3) teachers. Feedback from educators will and respondent burden, invites the ways to enhance the quality, utility, and help to modify and adjust this resource general public and other Federal clarity of the information to be to meet the needs of educators. agencies to take this opportunity to collected; and (4) ways to minimize the The information is used by NASA comment on proposed and/or burden of the collection of information Center for Distance Learning to continuing information collections, as on respondents, including automated effectively maintain and improve required by the Paperwork Reduction collection techniques or the use of other NASA’s Destination Tomorrow(tm) Act of 1995 (Pub. L. 104–13, 44 U.S.C. forms of information technology. program. 3506(c)(2)(A)). Patricia L. Dunnington, DATES: All comments should be II. Method of Collection Chief Information Officer. submitted within 60 calendar days from NASA collects this information by the date of this publication. [FR Doc. E5–7733 Filed 12–22–05; 8:45 am] BILLING CODE 7510–13–P means of a telephone survey that will be ADDRESSES: All comments should be taken of registered station managers that addressed to Mr. Walter Kit, Reports air the show. Completion of this survey Officer, Office of the Chief Information will be entirely voluntary. NATIONAL AERONAUTICS AND Officer, Mail Suite JA000, National SPACE ADMINISTRATION III. Data Aeronautics and Space Administration, [05–171] Title: NASA’s Destination Tomorrow Washington, DC 20546–0001. FOR FURTHER INFORMATION CONTACT: Survey. Notice of Information Collection OMB Number: 2700. Requests for additional information or Type of Review: New Collection. copies of the information collection AGENCY: National Aeronautics and Affected Public: State, Local, or Tribal instrument(s) and instructions should Space Administration (NASA). Government, or Not-for-profit be directed to Mr. Walter Kit, Reports ACTION: Notice of information collection. institutions. Officer, Office of the Chief Information Estimated Number of Respondents: Officer, NASA Headquarters, 300 E SUMMARY: The National Aeronautics and 946. Street SW., Mail Suite JA000, Space Administration, as part of its
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continuing effort to reduce paperwork IV. Request for Comments This survey will be used with registered and respondent burden, invites the Comments are invited on: (1) Whether educators for feedback to improve this general public and other Federal the proposed collection of information resource. NASA Connect has three agencies to take this opportunity to is necessary for the proper performance components that are continually being comment on proposed and/or of the functions of NASA, including improved: video, web explanations, and continuing information collections, as whether the information collected has hands-on activities. required by the Paperwork Reduction practical utility; (2) the accuracy of II. Method of Collection Act of 1995 (Pub. L. 104–13, 44 U.S.C. NASA’s estimate of the burden 3506(c)(2)(A)). (including hours and cost) of the This is an electronic survey that is DATES: All comments should be proposed collection of information; (3) sent to a random sample of registered submitted within 30 calendar days from ways to enhance the quality, utility, and educators yearly. The survey is attached the date of this publication. clarity of the information to be to an e-mail requesting the educator to complete the survey and return it. ADDRESSES: All comments should be collected; and (4) ways to minimize the addressed to the Desk Officer for NASA, burden of the collection of information III. Data on respondents, including automated Office of Information and Regulatory Title: NASA Connect Survey. Affairs, Room 10236, New Executive collection techniques or the use of other forms of information technology. OMB Number: 2700–. Office Building, Washington, DC 20503. Type of Review: New Collection. FOR FURTHER INFORMATION CONTACT: Patricia L. Dunnington, Affected Public: State, Local, or Tribal Requests for additional information or Chief Information Officer. Government, or Not-for-profit copies of the information collection [FR Doc. E5–7734 Filed 12–22–05; 8:45 am] institutions. instrument(s) and instructions should BILLING CODE 7510–13–P Estimated Number of Respondents: be directed to Mr. Walter Kit, Reports 19,815. Officer, Office of the Chief Information Total Annual Responses: 300. Officer, NASA Headquarters, 300 E NATIONAL AERONAUTICS AND Estimated Time Per Response: .75 hr. Street, SW., Mail Suite JA000, SPACE ADMINISTRATION Estimated Total Annual Burden Washington, DC 20546–0001, 202–358– [Notice: 05–172] Hours: 225. 1350, [email protected]. Estimated Total Annual Cost: $0. SUPPLEMENTARY INFORMATION: Notice of Information Collection IV. Requests for Comments I. Abstract AGENCY: National Aeronautics and Comments are invited on: (1) Whether Space Administration (NASA). This collection is required by NASA the proposed collection of information SBIR/STTR contractors to complete and ACTION: Notice of information collection. is necessary for the proper performance of the functions of NASA, including submit a recertification of program SUMMARY: The National Aeronautics and whether the information collected has compliance prior to final payment Space Administration, as part of its practical utility; (2) the accuracy of under the contracts. It is believed that continuing effort to reduce paperwork NASA’s estimate of the burden this will hold contractors more and respondent burden, invites the (including hours and cost) of the accountable to Federal statues and general public and other Federal reduce fraud. agencies to take this opportunity to proposed collection of information; (3) ways to enhance the quality, utility, and II. Method of Collection comment on proposed and/or continuing information collections, as clarity of the information to be Respondents (SBIR/STTR contractors) required by the Paperwork Reduction collected; and (4) ways to minimize the provide unformatted re-certification Act of 1995 (Pub. L. 104–13, 44 U.S.C. burden of the collection of information information showing compliance to 3506(c)(2)(A)). on respondents, including automated collection techniques or the use of other program requirements as required by the DATES: All comments should be forms of information technology. NASA FAR Supplement, Section submitted within 60 calendar days from 1852.232–83, Conditions for Final the date of this publication. Patricia L. Dunnington, Payment—SBIR and STTR Contracts. ADDRESSES: All comments should be Chief Information Officer. The certification can be sent by e-mail addressed to Mr. Walter Kit, Reports [FR Doc. E5–7735 Filed 12–22–05; 8:45 am] or regular post. Officer, Office of the Chief Information BILLING CODE 7510–13–P III. Data Officer, Mail Suite JA000, National Aeronautics and Space Administration, Title: Small Business Innovative Washington, DC 20546–0001. NATIONAL AERONAUTICS AND Research/Small Business Technology FOR FURTHER INFORMATION CONTACT: SPACE ADMINISTRATION Transfer Contractor Re-certification of Requests for additional information or Program Compliance. [Notice: 05–174] copies of the information collection OMB Number: 2700–. instrument(s) and instructions should Notice of Information Collection Type of Review: New collection. be directed to Mr. Walter Kit, Reports Affected Public: Business or other for- Officer, Office of the Chief Information AGENCY: National Aeronautics and profit. Officer, NASA Headquarters, 300 E Space Administration (NASA). Estimated Number of Respondents: Street, SW., Mail Suite JA000, ACTION: Notice of information collection. 484 (one time re-certification Washington, DC 20546, (202) 358–1350, requirement per contractor). [email protected]. SUMMARY: The National Aeronautics and Estimated Time Per Response: 0.5 SUPPLEMENTARY INFORMATION: Space Administration, as part of its hour. continuing effort to reduce paperwork Estimated Total Annual Burden I. Abstract and respondent burden, invites the Hours: 242. NASA Connect is an educational general public and other Federal Estimated Total Annual Cost: $0. resource for middle school teachers. agencies to take this opportunity to
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comment on proposed and/or burden of the collection of information Regulations that states NCUA will continuing information collections, as on respondents, including automated provide notice in the Federal Register required by the Paperwork Reduction collection techniques or the use of other when funds in the program are Act of 1995 (Pub. L. 104–13, 44 U.S.C. forms of information technology. available. 3506(c)(2)(A)). Patricia L. Dunnington, By the National Credit Union DATES: All comments should be Chief Information Officer. Administration Board on December 19, 2005. submitted within 60 calendar days from [FR Doc. E5–7736 Filed 12–22–05; 8:45 am] Mary F. Rupp, the date of this publication. BILLING CODE 7510–13–P Secretary, NCUA Board. ADDRESSES: All comments should be [FR Doc. E5–7722 Filed 12–22–05; 8:45 am] addressed to Mr. Walter Kit, Reports BILLING CODE 7535–01–P Officer, Office of the Chief Information NATIONAL CREDIT UNION Officer, Mail Suite JA000, National ADMINISTRATION Aeronautics and Space Administration, THE NATIONAL FOUNDATION ON THE Washington, DC 20546–0001. Community Development Revolving ARTS AND HUMANITIES FOR FURTHER INFORMATION CONTACT: Loan Fund for Credit Unions Requests for additional information or Proposed Collection, Library AGENCY: National Credit Union copies of the information collection Workforce Study, Submission for OMB Administration. instrument(s) and instructions should Review be directed to Mr. Walter Kit, Reports ACTION: Notice of application period. AGENCY: Agency Institute of Museum Officer, Office of the Chief Information SUMMARY: The National Credit Union and Library Services. Officer, NASA Headquarters, 300 E Administration (NCUA) will accept Street, SW., Mail Suite JA000, ACTION: Notice of requests for new applications for participation in the information collection approval. Washington, DC 20546, (202) 358–1350, Community Development Revolving [email protected]. Loan Fund’s Loan Program throughout SUMMARY: The Institute of Museum and SUPPLEMENTARY INFORMATION: calendar year 2006, subject to Library Services announces the availability of funds. Application I. Abstract following information collection has procedures for qualified low-income been submitted to the Office of NASA Live is an interactive, credit unions are in NCUA Rules and Management and Budget for review and educational videoconferencing program. Regulations. approval in accordance with the This is an educational resource for ADDRESSES: Applications for Paperwork Reduction Act of 1995 (Pub. educators of grades K–12. This survey participation may be obtained from and L. 104–13, 44 U.S.C. Chapter 35). A will be used with registered educators should be submitted to: NCUA, Office of copy of the proposed information for feedback to improve this product. Small Credit Union Initiatives, 1775 collection request can be obtained by II. Method of Collection Duke Street, Alexandria, VA 22314– contacting the individual listed below 3428. in the addressee section of this notice. This is an electronic survey that is attached to an e-mail requesting the DATES: Applications may be submitted DATES: Written comments must be educator to complete and return the throughout calendar year 2006. submitted to the office listed in the survey. FOR FURTHER INFORMATION CONTACT: addressee section below on or before Tawana James, Director, Office of Small January 23, 2006. IMLS is particularly III. Data Credit Union Initiatives at the above interested in comments that help the Title: NASA Live Survey. address or telephone (703) 518–6610. agency to: • Evaluate whether the proposed OMB Number: 2700. SUPPLEMENTARY INFORMATION: Part 705 of Type of Review: New Collection. the NCUA Rules and Regulations collection of information is necessary Affected Public: State, Local, or Tribal implements the Community for the proper performance of the Government, or Not-for-profit Development Revolving Loan Fund functions of the agency, including institutions. (Fund) for Credit Unions. The purpose whether the information will have Estimated Number of Respondents: practical utility; of the Fund is to assist officially • 150. designated ‘‘low-income’’ credit unions Evaluate the accuracy of the Total Annual Responses: 30. in providing basic financial services to agency’s estimate of the burden of the Estimated Time Per Response: .17 hr. residents in their communities that proposed collection of information Estimated Total Annual Burden result in increased income, home including the validity of the Hours: 8. methodology and assumptions used; ownership, and employment. The Fund • Estimated Total Annual Cost: $0. makes available low interest loans in the Enhance the quality, utility and aggregate amount of $300,000 to clarity of the information to be IV. Requests for Comments collected; and qualified participating ‘‘low-income’’ • Comments are invited on: (1) Whether designated credit unions. Interest rates Minimize the burden of the the proposed collection of information are currently set at one percent. Specific collection of information on those who is necessary for the proper performance details regarding availability and are to respond, including through the of the functions of NASA, including requirements for technical assistance use of appropriate automated electronic, whether the information collected has grants from the Fund will be published mechanical, or other technological practical utility; (2) the accuracy of in a Letter to Credit Unions and on collection techniques or other forms of NASA’s estimate of the burden NCUA’s Web site at http:// information technology, e.g. permitting (including hours and cost) of the www.ncua.gov/. Fund participation is electronic submissions of responses. proposed collection of information; (3) limited to existing credit unions with an ADDRESSES: Rebecca Danvers, Director ways to enhance the quality, utility, and official ‘‘low-income’’ designation. of Research and Technology, Institute of clarity of the information to be This notice is published pursuant to Museum and Library Services, 1800 M collected; and (4) ways to minimize the Section 705.9 of the NCUA Rules and Street NW., 9th Floor, Washington, DC,
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20036; telephone 202–653–4680, fax Agency: Institute of Museum and Lawrence G. McDade, Chair, Atomic 202–653–4625, e-mail Library Services. Safety and Licensing Board Panel, [email protected] Title: National Study on the Future of U.S. Nuclear Regulatory Commission, Librarians in the Workforce. SUPPLEMENTARY INFORMATION: Washington, DC 20555–0001. OMB Number: n/a. Dr. Nicholas G. Trikouros, Atomic I. Background Agency Number: 3137. Safety and Licensing Board Panel, The Institute of Museum and Library Frequency: One time. U.S. Nuclear Regulatory Commission, Affected Public: Libraries, librarians Services is an independent Federal Washington, DC 20555–0001. and other information professionals. grant-making agency authorized by the Dr. Richard E. Wardwell, Atomic Safety Number of Respondents: 40,000 Museum and Library Services Act, 20 and Licensing Board Panel, U.S. libraries, 40,000 LIS professionals. U.S.C. Section 9101 et seq. The IMLS Nuclear Regulatory Estimated Time Per Respondent: provides a variety of grant programs to Commission,Washington, DC 20555– maximum of 2 hours per library (for the assist the nation’s museums and 0001. 27,000 central and single the time is up libraries in improving their operations to two hours and for 13,000 branch and enhancing their services to the Issued at Rockville, Maryland this 15th day libraries the time is less than one hour); public. Museums and libraries of all of December 2005. 15 minutes per librarian/information sizes and types may receive support G. Paul Bollwerk, III, professional. from IMLS programs. The Museum and Chief Administrative Judge, Atomic Safety Total Burden Hours: 77,000. and Licensing Board Panel. Library Services Act of 2003 includes a Total Annualized Capital/Startup [FR Doc. E5–7782 Filed 12–22–05; 8:45 am] strong emphasis on supporting library costs: 0. services through the development of a Total Annual Costs: $166,295. BILLING CODE 7590–01–P strong library workforce. This Contact: Rebecca Danvers, Director of solicitation is a web-based survey to Research and Technology, Institute of collect information to assist IMLS NUCLEAR REGULATORY Museum and Library Services, 1800 M COMMISSION understand library and information Street NW., 9th Floor, Washington, DC, science (LIS) workforce needs, 20036; telephone 202–653–4680, fax [Docket No. 030–04544] including supply and demand, factors 202–653–4625, e-mail that affect them, and existing workforce [email protected] Notice of Availability of Environmental projections. Assessment and Finding of No Dated: December 20, 2005. II. Current Action Significant Impact for License Rebecca Danvers, Amendment for Department of Health The core duties of the Institute of Director, Office of Research and Technology. and Human Services, Food and Drug Museum and Library Services, as stated [FR Doc. 05–24406 Filed 12–22–05; 8:45 am] Administration, Center for Devices and in its strategic plan, are to promote BILLING CODE 7036–01–M Radiological Health (FDA/CDRH) in excellence in library services and to Rockville, MD promote access to museum and library AGENCY: services for a diverse public. This goal NUCLEAR REGULATORY Nuclear Regulatory will be accomplished in part by COMMISSION Commission. promoting improved workforce ACTION: Notice of availability. planning including strategies for [Docket Nos. 52–009–ESP and ASLBP No. recruitment and retention of workers. 04–823–03–ESP] FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Commercial and R&D IMLS is developing specific plans to System Energy Resources, Inc.; Notice Branch, Division of Nuclear Materials collect information from libraries, of Reconstitution librarians and other information Safety, Region I, 475 Allendale Road, professionals. Information to be Pursuant to 10 CFR 2.321, the Atomic King of Prussia, Pennsylvania, 19406, collected from libraries includes current Safety and Licensing Board in the above telephone (610) 337–5040, fax (610) and projected employment in terms of captioned proceeding regarding the 337–5269; or by e-mail: [email protected]. numbers of positions (filled and vacant), October 2003 application of System SUPPLEMENTARY INFORMATION: functional specialization, educational Energy Resources, Inc., (SERI) for a 10 requirements, skill/competency CFR part 52 early site permit (ESP), I. Introduction requirements, salaries and benefits, which would allow SERI to ‘‘bank’’ a The U.S. Nuclear Regulatory demographics, annual budget/ possible site for the future construction Commission (NRC) is considering the expenditures, constituency or market of a new nuclear power generation issuance of a license amendment to the size. Information to be collected from facility on its Grand Gulf Nuclear Department of Health and Human LIS professionals includes current Station property, is hereby reconstituted Services, Food and Drug employment, career path and career by appointing Administrative Judges Administration, Center for Devices and progression, professional association/ Lawrence G. McDade, Chair, Nicholas Radiological Health (FDA/CDRH) for union membership and demographics. G. Trikouros, and Richard E. Wardwell Materials License No. 19–07538–01, to These information collections will be in place of Administrative Judges G. authorize release of its facility at 12709 based on geographic location (state and Paul Bollwerk, III, Chair, Paul B. Twinbrook Parkway, Rockville, locality), type of employing organization Abramson, and Anthony J. Baratta. Maryland for unrestricted use. NRC has and functionality of the work. A great In accordance with 10 CFR 2.302, prepared an Environmental Assessment deal of information has been collected henceforth all correspondence, (EA) in support of this proposed action on the LIS workforce, e.g. by BLS, NCES documents, and other material relating in accordance with the requirements of and professional societies. The to any matter in this proceeding over 10 CFR Part 51. Based on the EA, the information IMLS collects should build which this Licensing Board has NRC has concluded that a Finding of No on, but not duplicate, existing or jurisdiction should be served on these Significant Impact (FONSI) is ongoing collections. administrative judges as follows: appropriate.
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II. EA Summary documentation, are available The agenda for the subject meeting The purpose of the proposed action is electronically at the NRC’s Electronic shall be as follows: Reading Room at http://www.nrc.gov/ to authorize the release of the licensee’s Thursday, January 19, 2006—8:30 a.m. reading-rm/adams.html. From this site, 12709 Twinbrook Parkway, Rockville, Until the Conclusion of Business Maryland facility for unrestricted use. you can access the NRC’s Agencywide FDA/CDRH was authorized by NRC Document Access and Management The Subcommittee will review the from 1965 to use radioactive materials System (ADAMS), which provides text analytical methods to be used to for research and development purposes and image files of NRC’s public evaluate stability scenarios for the at the site. On August 23, 2005, FDA/ documents. The ADAMS accession ESBWR and will hear the NRC staff’s CDRH requested that NRC release the numbers for the documents related to plan to revise Regulatory Guide 1.82, facility for unrestricted use. FDA/CDRH this Notice are: Environmental ‘‘Water Sources for Long-Term has conducted surveys of the facility Assessment [ML053480176] and Final Recirculation Cooling Following a Loss- and provided information to the NRC to Status Survey Report, Food and Drug of-Coolant Accident.’’ The demonstrate that the site meets the Administration, Center for Devices and Subcommittee will hear presentations license termination criteria in Subpart E Radiological Health, 12709 Twinbrook by and hold discussions with of 10 CFR Part 20 for unrestricted use. Parkway, Rockville, Maryland, August representatives of the NRC staff, their The NRC staff has prepared an EA in 22, 2005, Final Report [ML052380179]. contractors, GE and other interested support of the license amendment. The Persons who do not have access to persons regarding this matter. The facility was remediated and surveyed ADAMS or who encounter problems in Subcommittee will gather information, prior to the licensee requesting the accessing the documents located in analyze relevant issues and facts, and license amendment. The NRC staff has ADAMS, should contact the NRC PDR formulate proposed positions and reviewed the information and final Reference staff by telephone at (800) actions, as appropriate, for deliberation status survey submitted by FDA/CDRH. 397–4209 or (301) 415–4737, or by e- by the full Committee. Based on its review, the staff has mail to [email protected]. Members of the public desiring to determined that there are no additional Documents related to operations provide oral statements and/or written remediation activities necessary to conducted under this license not comments should notify the Designated complete the proposed action. specifically referenced in this Notice Federal Official, Mr. Ralph Caruso Therefore, the staff considered the may not be electronically available and/ (Telephone: 301–415–8065) five days impact of the residual radioactivity at or may not be publicly available. prior to the meeting, if possible, so that the facility and concluded that since the Persons who have an interest in appropriate arrangements can be made. residual radioactivity meets the reviewing these documents should Electronic recordings will be permitted requirements in Subpart E of 10 CFR submit a request to NRC under the only during those portions of the part 20, a Finding of No Significant Freedom of Information Act (FOIA). meeting that are open to the public. Impact is appropriate. Instructions for submitting a FOIA Further information regarding this request can be found on the NRC’s Web meeting can be obtained by contacting III. Finding of No Significant Impact site at http://www.nrc.gov/reading-rm/ the Designated Federal Official between The staff has prepared the EA foia/foia-privacy.html. 7:30 a.m. and 4:15 p.m. (ET). Persons (summarized above) in support of the planning to attend this meeting are license amendment to terminate the Dated at King of Prussia, Pennsylvania this urged to contact the above named license and release the facility for 14th day of December, 2005. individual at least two working days unrestricted use. The NRC staff has For the Nuclear Regulatory Commission prior to the meeting to be advised of any evaluated FDA/CDRH’s request and the John D. Kinneman, potential changes to the agenda. results of the surveys and has concluded Chief Materials Security & Industrial Branch, Dated: December 15, 2005. that the completed action complies with Division of Nuclear Materials Safety. Region Michael L. Scott, the criteria in Subpart E of 10 CFR Part I. Branch Chief, ACRS/ACNW. 20. The staff has found that the [FR Doc. E5–7792 Filed 12–22–05; 8:45 am] [FR Doc. 05–24429 Filed 12–22–05; 8:45 am] radiological environmental impacts BILLING CODE 7590–01–P BILLING CODE 7590–01–P from the action are bounded by the impacts evaluated by NUREG–1496, Volumes 1–3, ‘‘Generic Environmental NUCLEAR REGULATORY NUCLEAR REGULATORY Impact Statement in Support of COMMISSION COMMISSION Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Advisory Committee on Reactor Advisory Committee on Reactor Facilities’’ (ML042310492, Safeguards; Subcommittee Meeting on Safeguards Joint Meeting of the ML042320379, and ML042330385). Thermal-Hydraulic Phenomena; Notice Subcommittees on Human Factors and Additionally, no non-radiological or of Meeting on Reliability and Probability Risk cumulative impacts were identified. On Assessment; Notice of Meeting the basis of the EA, the NRC has The ACRS Subcommittee on Thermal- concluded that there are no significant Hydraulic Phenomena will hold a The ACRS Subcommittees on Human environmental impacts from the meeting on January 19, 2006, Room T– Factors and on Reliability and proposed action, and has determined 2B3, 11545 Rockville Pike, Rockville, Probability Risk Assessment will hold a not to prepare an environmental impact Maryland. joint meeting on January 25, 2006, Room statement for the proposed action. The entire meeting will be open to T–2B3, 11545 Rockville Pike, Rockville, public attendance, with the exception of Maryland. IV. Further Information portions that may be closed to discuss The entire meeting will be open to Documents related to this action, General Electric (GE) proprietary public attendance. including the application for the license information pursuant to 5 U.S.C. The agenda for the subject meeting amendment and supporting 552b(c)(4). shall be as follows:
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Wednesday, January 25, 2006—8:30 respondents are strongly encouraged to Secretary no later than 5 p.m. Friday, a.m. Until 12:30 p.m. submit comments electronically to January 6, 2006. The notice must The Subcommittees will examine ensure timely receipt. We cannot include the individual’s name, title, current status of NRC’s safety guarantee that comments mailed will be organization, address, and telephone management/culture initiatives, and received before the comment closing number, and a concise summary of the associated approaches to address safety date. Electronic comments may be subject matter to be presented. _ culture in the regulatory oversight submitted to: OMB [email protected]. Oral presentations may not exceed ten process. The Subcommittee will hear Please put the full body of your (10) minutes. The time for individual presentations by and hold discussions comments in the text of the electronic presentations may be reduced with representatives of the NRC staff, message and as an attachment. Please proportionately, if necessary, to afford and other interested persons regarding include your name, title, organization, all participants who have submitted a this matter. The Subcommittees will postal address, telephone number, and timely request to participate an gather information, analyze relevant e-mail address in the text of the opportunity to be heard. Participants wishing to submit a issues and facts, and formulate message. Comments also may be written statement for the record must proposed positions and actions, as submitted via facsimile to (202) 395– submit a copy of such statement to appropriate, for deliberation by the full 7245. OPIC’s Corporate Secretary no later than Committee. FOR FURTHER INFORMATION CONTACT: Lisa 5 pm, Friday, January 6, 2006. Such Members of the public desiring to Jones, Office of Information and statements must be typewritten, double- provide oral statements and/or written Regulatory Affairs, Office of spaced, and may not exceed twenty-five comments should notify the Designated Management and Budget, 725 17th Federal Official, Dr. John H. Flack (25) pages. Street, NW., New Executive Office Upon receipt of the required notice, (telephone 301/415–0426), five days Building, Room 10201, Washington, DC, OPIC will prepare an agenda for the prior to the meeting, if possible, so that 20503. Telephone (202) 395–5897. hearing identifying speakers, setting appropriate arrangements can be made. SUPPLEMENTARY INFORMATION: OMB is forth the subject on which each Electronic recordings will be permitted. seeking comments on its Proposed Further information regarding this participant will speak, and the time Bulletin for Good Guidance Practices by allotted for each presentation. The meeting can be obtained by contacting January 9, 2006. The draft Bulletin for the Designated Federal Official between agenda will be available at the hearing. Good Guidance Practices is posted on A written summary of the hearing will 7:30 a.m. and 4:15 p.m. (ET). Persons OMB’s Web site, http:// be compiled, and such summary will be planning to attend this meeting are www.whitehouse.gov/omb/inforeg/ made available, upon written request to urged to contact the above named regpol.html. This draft Bulletin provides OPIC’s Corporate Secretary, at the cost individual at least two working days a definition of guidance; describes the of reproduction. prior to the meeting to be advised of any legal effect of guidance documents; potential changes to the agenda. FOR FURTHER INFORMATION CONTACT: establishes practices for developing Information on the hearing may be Dated: December 15, 2005. guidance documents and receiving obtained from Connie M. Downs at (202) Michael L. Scott, public input; and establishes ways for 336–8438, via facsimile at (202) 218– Branch Chief, ACRS/ACNW. making guidance documents available 0136, or via e-mail at [email protected]. to the public. [FR Doc. E5–7781 Filed 12–22–05; 8:45 am] Dated: December 21, 2005. BILLING CODE 7590–01–P Dated: December 19, 2005. Connie M. Downs, Donald R. Arbuckle, OPIC Corporate Secretary. Deputy Administrator, Office of Information [FR Doc. 05–24459 Filed 12–21–05; 11:27 and Regulatory Affairs. OFFICE OF MANAGEMENT AND am] BUDGET [FR Doc. 05–24417 Filed 12–22–05; 8:45 am] BILLING CODE 3210–01–M BILLING CODE 3110–01–P Proposed Bulletin for Good Guidance Practices OVERSEAS PRIVATE INVESTMENT AGENCY: Office of Management and OVERSEAS PRIVATE INVESTMENT CORPORATION Budget. CORPORATION ACTION: Notice of proposed guidelines Sunshine Act; January 12, 2006, and request for comments. Sunshine Act; January 12, 2006, Public Annual Public Hearing Hearing SUMMARY: The Office of Management TIME AND DATE: 2 p.m. Wednesday, and Budget (OMB) is extending the TIME AND DATE: 3 p.m. Thursday, January January 12, 2006. comment period regarding its draft 12, 2006. PLACE: Offices of the Corporation, Bulletin for Good Guidance Practices PLACE: Offices of the Corporation, Twelfth Floor Board Room, 1100 New from December 23, 2005, to January 9, Twelfth Floor Board Room, 1100 New York Avenue, NW., Wshington, DC. 2006. This Bulletin is intended to York Avenue, NW., Washington, DC. STATUS: Hearing open to the public at 2 increase the quality and transparency of STATUS: Hearing OPEN to the Public at p.m. agency guidance practices and the 3 p.m. PURPOSE: Annual Public Hearing to guidance documents produced through PURPOSE: Public Hearing in conjunction afford an opportunity for any person to them. with each meeting of OPIC’s Board of present views regarding the activities of DATES: Written comments regarding Directors, to afford an opportunity for the Corporation. OMB’s Proposed Bulletin for Good any person to present views regarding PROCEDURES: Individuals wishing to Guidance Practices are due by January the activities of the Corporation. address the hearing orally must provide 9, 2006. PROCEDURES: Individuals wishing to advance notice to OPIC’s Corporate ADDRESSES: Due to potential delays in address the hearing orally must provide Secretary no later than 5 p.m., Friday, OMB’s receipt and processing of mail, advance notice to OPIC’s Corporate January 6, 2006. The notice must
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include the individual’s name, appointments under Schedules A, B, Chief of Protocol. Effective November organization, address, and telephone and C in the excepted service as 21, 2005. number, and a concise summary of the required by 5 CFR 6.6 and 213.103. DSGS61018 Foreign Affairs Officer to subject matter to be presented. FOR FURTHER INFORMATION CONTACT: the Assistant Secretary for Democracy Oral presentations may not exceed ten David Guilford, Center for Leadership Human Rights and Labor. Effective (10) minutes. The time for individual and Executive Resources Policy, November 28, 2005. presentations may be reduced Division for Strategic Human Resources DSGS61016 Staff Assistant to the proportionately, if necessary, to afford Policy, 202–606–1391. Assistant Secretary, Bureau for all participants who have submitted a Education and Cultural Affairs. SUPPLEMENTARY INFORMATION: timely request to participate an Appearing Effective November 29, 2005 in the listing below are the individual opportunity to be heard. Section 213.3305 Department of the Participants wishing to submit a authorities established under Schedules Treasury written statement for the record must A, B, and C between November 1, 2005, submit a copy of such statement to and November 30, 2005. Future notices DYGS60351 Senior Advisor to the OPIC’s Corporate Secretary no later than will be published on the fourth Tuesday Assistant Secretary (Public Affairs). 5 p.m., Friday, January 6, 2006. Such of each month, or as soon as possible Effective November 2, 2005. statements must be typewritten, double- thereafter. A consolidated listing of all DYGS00430 Senior Advisor to the spaced and may not exceed twenty-five authorities as of June 30 is published Under Secretary for Domestic (25) pages. each year. Finance. Effective November 14, 2005. Upon receipt of the required notice, Schedule A Section 213.3306 Department of the OPIC will prepare an agenda for the Defense hearing identifying speakers, setting No Schedule A appointments were forth the subject on which each approved for November 2005. DDGS16892 Confidential Assistant to the Under Secretary of Defense participant will speak, and the time Schedule B allotted for each presentation. The (Comptroller). Effective November 1, agenda will be available at the hearing. No Schedule B appointments were 2005. A written summary of the hearing will approved for November 2005. DDGS16910 Staff Assistant to the Special Assistant to the Secretary of be compiled, and such summary will be Schedule C made available, upon written request to Defense for White House Liaison. OPIC’s Corporate Secretary, at the cost The following Schedule C Effective November 4, 2005. of reproduction. appointments were approved during DDGS16899 Staff Specialist to the November 2005. Principal Deputy Assistant Secretary FOR FURTHER INFORMATION CONTACT: of Defense (Legal Affairs). Effective Information on the hearing may be Section 213.3303 Executive Office of November 9, 2005. obtained from Connie M. Downs at (202) the President DDGS16897 Director, Department of 336–8438, via facsimile at (202) 218– Office of Management and Budget Defense Office of Legislative Counsel 0136, or via e-mail at [email protected]. to the Deputy General Counsel, (Legal SUPPLEMENTARY INFORMATION: OPIC is a BOGS60153 Confidential Assistant to Counsel). Effective November 10, U.S. Government agency which the Associate Director for National 2005. provides, on a commercial basis, Security Programs. Effective DDGS16905 Defense Fellow to the political risk insurance and financing in November 18, 2005. Special Assistant to the Secretary of friendly developing countries and Office of National Drug Control Policy Defense for White House Liaison. emerging democracies for Effective November 22, 2005. environmentally sound projects which QQGS00035 Policy Analyst and DDGS16911 Special Assistant to the confer positive developmental benefits Intergovernmental Affairs Liaison to Principal Deputy Assistant Secretary upon the project country while creating the Associate Deputy Director, State of Defense (Legal Affairs). Effective employment in the U.S. OPIC is and Local Affairs. Effective November November 22, 2005. required by section 231A(c) of the 1, 2005. DDGS16898 Defense Fellow to the Foreign Assistance Act of 1961, as Office of the United States Trade Special Assistant to the Secretary of amended (‘‘the Act’’) to hold at least one Representative Defense for White House Liaison. public hearing each year. Effective November 28, 2005. TNGS00019 Confidential Assistant to Dated: December 20, 2005. the Deputy United States Trade Section 213.3310 Department of Connie M. Downs, Representative. Effective November Justice OPIC Corporate Secretary. 21, 2005. DJGS00374 Staff Assistant to the [FR Doc. 05–24460 Filed 12–21–05; 11:27 Section 213.3304 Department of State Director, Office of Public Affairs. am] Effective November 10, 2005. BILLING CODE 3210–01–M DSGS61000 Senior Advisor to the DJGS00398 Media Affairs Specialist to Assistant Secretary for Near Eastern the Director, Office of Public Affairs. and South Asian Affairs. Effective Effective November 10, 2005. OFFICE OF PERSONNEL November 16, 2005. DJGS00108 Special Assistant to the MANAGEMENT DSGS61011 Special Assistant to the Director, Community Oriented Assistant Secretary for African Policing Services. Effective November Excepted Service Affairs. Effective November 18, 2005. 14, 2005. AGENCY: Office of Personnel DSGS61013 Senior Advisor to the DJGS00254 Counselor to the Assistant Management (OPM). Assistant Secretary, Bureau of Attorney General, Civil Rights ACTION: Notice. Nonproliferation. Effective November Division. Effective November 15, 21, 2005. 2005. SUMMARY: This gives notice of OPM DSGS61014 Assistant Manager, DJGS00329 Associate Director to the decisions granting authority to make President’s Guest House to the Deputy Director, Office of Intergovernmental
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and Public Liaison. Effective Section 213.3313 Department of Communications and Outreach. November 15, 2005. Agriculture Effective November 18, 2005. DJGS00270 Special Assistant to the DAGS00834 Deputy White House DBGS00478 Confidential Assistant to Assistant Attorney General, Civil Liaison to the Secretary. Effective the Assistant Secretary for Legislation Rights Division. Effective November November 8, 2005. and Congressional Affairs. Effective 18, 2005. DAGS00835 Confidential Assistant to November 28, 2005. DJGS00410 Senior Advisor to the the Under Secretary for Rural Section 213.3318 Environmental Assistant Attorney General. Effective Development. Effective November 18, Protection Agency November 18, 2005. 2005. Section 213.3311 Department of Section 213.3314 Department of EPGS60092 Associate Assistant Homeland Security Commerce Administrator to the Assistant Administrator for Air and Radiation. DMGS00429 Director of Legislative DCGS00529 Senior Advisor to the Effective November 21, 2005. Affairs for the Secretarial Offices to Assistant Secretary for Manufacturing the Assistant Secretary for Legislative and Services. Effective November 1, Section 213.3323 Federal Affairs. Effective November 1, 2005. 2005 Communications Commission DCGS00672 Senior Advisor to the DMGS00426 Director of Deputy Secretary. Effective November FCGS00196 Director, Office of Communications for United States 4, 2005. Legislative Affairs to the Chairman. Citizenship and Immigration Services DCGS60136 Special Assistant to the Effective November 9, 2005. to the Director, Bureau of Citizenship Under Secretary of Commerce for and Immigration Services. Effective Section 213.3327 Department of Industry and Security. Effective November 9, 2005. Veterans Affairs November 10, 2005. DMGS00438 Special Assistant to the DVGS60069 Special Assistant to the Section 213.3315 Department of Labor Assistant Secretary for Information Secretary of Veterans Affairs. Effective Analysis. Effective November 15, DLGS60177 Special Assistant to the November 3, 2005. 2005. Assistant Secretary for Employee DVGS00100 Special Assistant to the DMGS00440 Executive Assistant to the Benefits Security. Effective November Assistant Secretary for Congressional Special Assistant for Private Sector. 18, 2005. and Legislative Affairs. Effective Effective November 18, 2005. Section 213.3316 Department of November 14, 2005. DMGS00441 Senior Legislative Health and Human Services Assistant to the Director of Border Section 213.3330 Securities and Security, Transportation. Effective DHGS00632 Special Outreach Exchange Commission November 18, 2005. Coordinator to the Deputy Assistant Secretary for Public Affairs (Policy SEOT90006 Confidential Assistant to a DMGS00442 Senior Legislative and Strategy). Effective November 2, Commissioner. Effective November Assistant to the Assistant Secretary 2005. 22, 2005. for Legislative Affairs. Effective DHGS60548 Senior Speechwriter to the November 18, 2005. Section 213.3339 United States Assistant Secretary for Public Affairs. International Trade Commission DMGS00443 Scheduler and Protocol Effective November 14, 2005. Coordinator to the Director of DHGS60697 Special Assistant to the TCGS60100 Senior Economist to the Scheduling and Advance. Effective Director of Medicare Outreach and Commissioner. Effective November November 18, 2005. Special Advisor to the Secretary. 11, 2005. DMGS00444 Trip Coordinator to the Effective November 16, 2005. Director of Scheduling and Advance. DHGS60524 Confidential Assistant to TCGS00037 Staff Assistant to a Effective November 18, 2005. the Administrator Centers for Commissioner. Effective November 18, 2005. DMGS00445 Advisor to the Deputy Medicare and Medicaid Services. Secretary of Homeland Security. Effective November 22, 2005. Section 213.3342 Export-Import Bank Effective November 21, 2005. Section 213.3317 Department of EBSL00220 Senior Vice President for DMGS00446 Senior Advisor for Civil Education Rights and Civil Liberties to the Export Finance to the Chairman and Officer of Civil Rights and Civil DBGS00476 Confidential Assistant to President. Effective November 30, Liberties. Effective November 22, the Assistant Secretary, Office of 2005. Communications and Outreach. 2005. Section 213.3360 Consumer Product Effective November 17, 2005. DMGS00447 Confidential Assistant to DBGS00477 Deputy Secretary’s Regional Safety Commission the General Counsel. Effective Representative, Region 4 to the November 22, 2005. PSGS60064 Special Assistant (Legal) to Director, Regional Services. Effective a Commissioner. Effective November Section 213.3312 Department of the November 17, 2005. 3, 2005. Interior DBGS00479 Special Assistant to the Assistant Secretary for Elementary PSGS00066 Supervisory Public Affairs DIGS01048 Special Assistant to the and Secondary Education. Effective Specialist to the Executive Director. Senior Adviser to the Secretary for November 17, 2005. Effective November 15, 2005. Alaskan Affairs. Effective November DBGS00484 Special Assistant to the Section 213.3370 Millennium 2, 2005. Assistant Secretary, Office of Challenge Corporation DIGS01051 Counselor to the Assistant Communications and Outreach. Secretary—Land and Minerals Effective November 18, 2005. CMOT00001 Executive Assistant to the Management. Effective November 14, DBGS00485 Confidential Assistant to Chief Executive Officer. Effective 2005. the Assistant Secretary, Office of November 22, 2005.
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Section 213.3373 Trade and listed for the closed meetings in closed proposed rule change pursuant to Development Agency sessions and that no earlier notice section 19(b)(3)(A)(ii) of the Act 4 and 5 TDGS60001 Executive Assistant to the thereof was possible. Rule 19b–4(f)(2) thereunder, which Director. Effective November 22, The subject matter of the Closed render the proposal effective upon filing 2005. Meeting scheduled for Wednesday, with the Commission. The Commission December 21, 2005 will be: Institution is publishing this notice to solicit Section 213.3382 National Endowment and settlement of injunctive actions; comments on the proposed rule change, for the Humanities and Institution and settlement of as amended, from interested persons. administrative proceedings of an NHGS00080 Director of Congressional I. Self-Regulatory Organization’s enforcement matter. Affairs to the Chairman. Effective Statement of the Terms of Substance of November 28, 2005. The subject matter of the Closed Meeting scheduled for Thursday, the Proposed Rule Change Section 213.3391 Office of Personnel December 22, 2005 will be: Institution The Exchange proposes to amend Management of injunctive actions; and Institution Exchange Rule 301 to waive the PMGS60026 Scheduler and Special and settlement of administrative initiation fees charged to new lessee Assistant to the Executive Director proceedings of an enforcement matter. members upon lease of an Exchange and Senior Counselor. Effective At times, changes in Commission seat. The text of the proposed rule November 21, 2005. priorities require alterations in the change is available on the Exchange’s scheduling of meeting items. For further Web site (http://www.nyse.com.), at the Section 213.3394 Department of information and to ascertain what, if Exchange’s Office of the Secretary, and Transportation any, matters have been added, deleted at the Commission’s Public Reference DTGS60139 Confidential Assistant to or postponed, please contact: The Office Room. the Deputy Secretary. Effective of the Secretary at (202) 551–5400. II. Self-Regulatory Organization’s November 9, 2005. Dated: December 20, 2005. Statement of the Purpose of, and Authority: 5 U.S.C. 3301 and 3302; E.O. Jonathan G. Katz, Statutory Basis for, the Proposed Rule 10577, 3 CFR 1954–1958 Comp., P.218. Secretary. Change Office of Personnel Management. [FR Doc. 05–24477 Filed 12–21–05; 1:41 pm] In its filing with the Commission, the Linda M. Springer, BILLING CODE 8010–01–P Exchange included statements Director. concerning the purpose of, and basis for, [FR Doc. E5–7737 Filed 12–22–05; 8:45 am] the proposed rule change and discussed BILLING CODE 6325–39–P SECURITIES AND EXCHANGE any comments it received on the COMMISSION proposed rule change. The text of these [Release No. 34–52974; File No. SR–NYSE– statements may be examined at the SECURITIES AND EXCHANGE 2005–88] places specified in Item IV below. The COMMISSION Exchange has prepared summaries, set Self-Regulatory Organizations; New forth in Sections A, B, and C below, of Sunshine Act Meetings; Notice York Stock Exchange, Inc.; Notice of the most significant aspects of such Filing and Immediate Effectiveness of statements. FEDERAL REGISTER Citation of Previous Proposed Rule Change and A. Self-Regulatory Organization’s Announcement: Amendment No. 1 Thereto Relating to [70 FR 74850, December 16, 2005]. Statement of the Purpose of, and the Waiver of Initiation Fees Charged Statutory Basis for, the Proposed Rule STATUS: Closed Meeting. to New Lessee Members Change PLACE: 100 F Street, NE., Washington, DC. December 16, 2005. 1. Purpose Pursuant to section 19(b)(1) of the ANNOUNCEMENT OF ADDITIONAL MEETINGS: The Exchange proposes to waive the Securities Exchange Act of 1934 Additional Meetings (Week of December initiation fees charged to lessee (‘‘Act’’),1 and Rule 19b–4 thereunder,2 19, 2005). members upon a new lease of an Closed Meetings have been scheduled notice is hereby given that on December Exchange seat. for Wednesday, December 21, 2005 at 13, 2005, the New York Stock Exchange, Article II, Section 4 of the Exchange’s 9 a.m. and Thursday, December 22, 2005 Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with constitution authorizes the Exchange’s at 9:30 a.m. the Securities and Exchange Board of Directors to impose by rule Commissioners, Counsel to the Commission (‘‘Commission’’) the initiation fees on new lessee members. Commissioners, the Secretary to the proposed rule change as described in The Board has established an initiation Commission, and recording secretaries Items I, II and III below, which Items fee for lessee members by its adoption may attend the Closed Meetings. Certain have been prepared by the Exchange. of Supplementary Material .27 staff members who have an interest in On December 14, 2005, the Exchange (Payments to be made on day of the matters may also be present. filed Amendment No. 1 to the proposed approval of transfer or lease and 3 The General Counsel of the rule change. The Exchange filed the payments to be made prior to admission Commission, or his designee, has to membership) of Exchange Rule 301. certified that, in his opinion, one or 1 15 U.S.C. 78s(b)(1). Supplementary Material .27 of Exchange 2 more of the exemptions set forth in 5 17 CFR 240.19b–4 Rule 301 sets initiation fees for leased 3 See Partial Amendment dated December 14, U.S.C. 552b(c)(5), (7), (9)(B) and (10) 2005 (‘‘Amendment No. 1’’). In Amendment No. 1, seats at an amount equal to 5% of the and 17 CFR 200.402(a)(5), (7), 9(ii) and the Exchange (i) added information to the purpose last contracted sale of a seat, subject to (10) permit consideration of the section to conform it to the proposed rule text; (ii) minimum and maximum fees of $1,000 scheduled matter at the Closed made changes to the Exchange’s 2005 Price List to and $5,000 respectively. As seat prices conform it to the proposed changes to Exchange Meetings. Rule 301; (iii) amended the rule text to indicate that Commissioner Glassman, as duty the effective date for the waiver is December 13, 4 15 U.S.C. 78s(b)(3)(A)(ii). officer, voted to consider the items 2005; and (iv) made technical changes. 5 17 CFR 240.19b–4(f)(2).
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currently exceed $1,000,000, the current C. Self-Regulatory Organization’s comments more efficiently, please use initiation fee for lessee members is the Statement on Comments on the only one method. The Commission will $5,000 maximum. Proposed Rule Change Received From post all comments on the Commission’s On December 6, 2005, the members of Members, Participants or Others Internet Web site (http://www.sec.gov/ the Exchange and the shareholders of The Exchange has neither solicited rules/sro.shtml). Copies of the Archipelago Holdings, Inc. nor received written comments on the submission, all subsequent (‘‘Archipelago’’) voted to approve a proposed rule change. amendments, all written statements merger of the Exchange and with respect to the proposed rule Archipelago. It is anticipated that the III. Date of Effectiveness of the change that are filed with the merger will be consummated in early Proposed Rule Change and Timing for Commission, and all written 2006 upon receipt of approval of the Commission Action communications relating to the transaction from the Division of Market The foregoing rule change has become proposed rule change between the Regulation. Upon consummation of the effective pursuant to section 19(b)(3)(A) Commission and any person, other than merger, the Exchange and Archipelago of the Act 7 and Rule 19b–4(f)(2) those that may be withheld from the will each become wholly owned thereunder,8 because it establishes or public in accordance with the subsidiaries of a new publicly traded changes a due, fee or other charge provisions of 5 U.S.C. 552, will be company, NYSE Group, Inc., and applicable only to a member.9 At any available for inspection and copying in members of the Exchange will exchange time within 60 days of the filing of the the Commission’s Public Reference their membership interests for shares of proposed rule change, the Commission Room. Copies of the filing also will be NYSE Group and cash. may summarily abrogate such rule available for inspection and copying at The Exchange believes it is change if it appears to the Commission the principal office of the Exchange. All appropriate to waive the initiation fees that such action is necessary or comments received will be posted currently charged to lessee members appropriate in the public interest, for without change; the Commission does not edit personal identifying who commence new leases on or after the protection of investors, or otherwise information from submissions. You December 13, 2005. The initiation fees in further of the purposes of the Act.10 were established at a time when it was should submit only information that assumed that most new lessee members IV. Solicitation of Comments you wish to make available publicly. All would lease a seat for a reasonable Interested persons are invited to submissions should refer to File period of time and would amortize the submit written data, views, and Number SR–NYSE–2005–88 and should cost of the initiation fee over that arguments concerning the foregoing, be submitted on or before January 13, period. As new leases at this time are including whether the proposed rule 2006. likely to have a duration of only a change, as amended, is consistent with For the Commission, by the Division of matter of weeks, that will no longer be the Act. Comments may be submitted by Market Regulation, pursuant to delegated 11 the case. As such, the Exchange believes any of the following methods: authority. that it is equitable to waive the Jonathan G. Katz, Electronic Comments initiation fee at this time. Secretary. • In addition to amending Exchange Use the Commission’s Internet [FR Doc. E5–7768 Filed 12–22–05; 8:45 am] Rule 301 in the manner described comment form (http://www.sec.gov/ BILLING CODE 8010–01–P above, the Exchange is making a rules/sro.shtml); or • corresponding change to page 11 of the Send an e-mail to rule- Exchange 2005 Price List to indicate [email protected]. Please include File SECURITIES AND EXCHANGE that initiation fees will no longer be Number SR–NYSE–2005–88 on the COMMISSION charged in connection with the subject line. [Release No. 34–52969; File No. SR–NYSE– commencement of new leases. Paper Comments 2005–38] References in page 11 of the Exchange • 2005 Price List to ‘‘transfer fees’’ are Send paper comments in triplicate Self-Regulatory Organizations; New intended as references to the initiation to Jonathan G. Katz, Secretary, York Stock Exchange, Inc.; Notice of fees established by Supplementary Securities and Exchange Commission, Filing of Proposed Rule Change and Material .27 of Exchange Rule 301. 100 F Street, NE., Washington, DC Amendment No. 1 Thereto to Rules 104 20549–9303. (‘‘Dealings by Specialists’’) and 123E 2. Statutory Basis All submissions should refer to File (‘‘Specialist Combination Review The basis under the Act for this Number SR–NYSE–2005–88. This file Policy’’) To Change the Exchange’s proposed rule change is the requirement number should be included on the Capital Requirements for Specialist under Section 6(b)(4) 6 that an exchange subject line if e-mail is used. To help the Organizations. Commission process and review your have rules that provide for the equitable December 16, 2005. allocation of reasonable dues, fees and 7 Pursuant to section 19(b)(1) 1 of the other charges among its members and 15 U.S.C. 78s(b)(3)(A). 8 17 CFR 240.19b–4(f)(2). Securities Exchange Act of 1934 (the other persons using its facilities. 9 At the request of the Exchange, the Commission ‘‘Exchange Act’’),2 and Rule 19b–4 B. Self-Regulatory Organization’s added ‘‘applicable only to a member.’’ Telephone thereunder,3 notice is hereby given that conversation between John Carey, Assistant General Statement on Burden on Competition Counsel, Exchange, and Kim Allen, Special on May 26, 2005, the New York Stock Exchange, Inc. (‘‘NYSE’’ or the The Exchange does not believe that Counsel, Commission, Division of Market Regulation, on December 16, 2005. ‘‘Exchange’’) filed with the Securities the proposed rule change will impose 10 For purposes of calculating the 60-day period and Exchange Commission (‘‘SEC’’ or any burden on competition that is not within which the Commission may summarily abrogate the proposed rule change under Section necessary or appropriate in furtherance 11 19(b)(3)(C) of the Act, the Commission considers 17 CFR 200.30–3(a)(12). of the purposes of the Act. 1 that period to commence on December 14, 2005, the 15 U.S.C. 78s(b)(1). date the Exchange filed Amendment No. 1 to the 2 15 U.S.C. 78a et seq. 6 15 U.S.C. 78f(b)(4). proposed rule change. See 15 U.S.C. 78s(b)(3)(C). 3 17 CFR 240.19b–4.
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the ‘‘Commission’’) a proposed rule at all times, net liquid assets of at least allowable under [the Net Capital Rule] change. On November 22, 2005, NYSE $150,000. Rule 15c3–1, under the Exchange Act. amended the proposed rule change, (5) With respect to any Investment [(8) For members registered as a replacing it in its entirety (‘‘Amendment Company Unit (as defined in paragraph regular specialist not subject to the Net No. 1’’). The amended proposed rule 703.16 of the Listed Company Manual) Capital Rule, ‘‘net liquid assets’’ is change is described in Items I, II, and III or a Trust Issued Receipt, a member defined as the excess of cash, net credit below, which have been substantially registered as a regular specialist [at an balances at clearing broker(s), and prepared by the Exchange. The active post] shall maintain net liquid readily marketable securities over all Commission is publishing this notice to assets equivalent to $500,000 for each liabilities.] solicit comments on the proposed rule such security in which the specialist is (5) In the event that two or more change from interested persons. registered.] specialist[s] organizations are associated (1) A specialist organization that is with each other and deal for the same I. Self-Regulatory Organization’s only registered in Exchange Traded specialist account, the [above] capital Statement of the Terms of Substance of Funds shall maintain the greater of requirements enumerated in Rules the Proposed Rule Change $500,000 for each Exchange Traded 104.20 and .21 shall apply to such The New York Stock Exchange, Inc. Fund or $1,000,000. specialist[s] organizations as one unit, (‘‘NYSE’’ or the ‘‘Exchange’’) hereby ([6]2) [Notwithstanding .30 of this rather than to each specialist proposes amendments to Rules 104 Rule, e] Each [member registered as a organization individually. Any joint (‘‘Dealings by Specialists’’) and 123E regular] specialist organization [at an account must be approved by the (‘‘Specialist Combination Review active post] must [be able to] maintain Divisions of Market Surveillance and Policy’’) to change the capital net liquid assets which shall be the Member Firm Regulation. requirement of specialist organizations. greater of $1,000,000 or the .21 [Concentration Measure] Specialist The text of the proposed rule change is requirements set forth in Rule 104.21, set forth below. Italics indicate Organizations—Additional Capital except for those specialist organizations Requirements.— additions; brackets indicate deletions. that are only registered in Exchange * * * * * Traded Funds, as set forth in 104.20(1) Notwithstanding the provisions of (1) above. [establish that he can meet, with through (5) in Rule 104.20 above, if a Rule 104. Dealings by Specialists his own net liquid assets, a minimum regular specialist entity’s market share (a)–(b) No Change capital requirement which shall be the exceeds 5% of any of the following *** greater of $1,000,000 or 25% of the concentration measures: (1) All listed common stock (current); Supplementary Material: position requirements as set forth in Paragraphs (1), (2) and (3) above, except (2) The 250 most active listed Functions of Specialists as determined by the Exchange in common stocks (over the previous 12 .10 through .17 No Change unusual circumstances.] months); (3) The Division of Member Firm (3) The total share volume of stock Capital Requirements of Specialists Regulation must be informed trading on the Exchange (over the [(effective June 1, 1971.)] immediately by a specialist organization previous 12 months); or .20 [Regular s]Specialist[s] [, in each instance, of his inability] (4) The total dollar value of stock Organizations—Minimum Capital whenever it is unable to comply with trading on the Exchange (over the Requirements.— the [provisions] requirements set forth previous 12 months) [(1) A member registered as a regular in [the above Paragraphs] Rules 104.20 such entity shall maintain net liquid specialist at an active post must be able or .21, as applicable. assets equivalent to the following to assume maintain a position of 150 ([7]4) [For those members registered applicable requirements: trading units in each common stock in as a regular specialist subject to the Net (i) $4 million for each specialist which he is registered. Capital Rule (SEA Rule 15c3–1), t] The security contained in the DJIA; (2) A member registered as a regular term ‘‘net liquid assets’’ refers to excess (ii) $2 million for each specialist specialist at an active post must be able net capital computed in accordance security contained in the S&P 100, not to assume a position of 30 trading units with Rule 15c3–1, promulgated under contained in (i); in each convertible preferred stock, of the Securities Exchange Act of 1934 (the (iii) $1 million for each specialist 1200 shares in each of the 100 share ‘‘Exchange Act’’) and the provisions of security contained in the S&P 500, not trading unit non-convertible preferred Exchange Rule 325 (‘‘Capital contained in (i) or (ii); stocks and of 300 shares in each of the Requirements’’) with the following (iv) $500 thousand for each specialist 10 share unit non-convertible preferred adjustments: common stock, excluding bond funds, stocks in which he is registered. (i) Additions for haircuts and undue not contained in (i), (ii) or (iii); (3) The position which a member concentration charges taken pursuant to (v) $100 thousand for each specialist registered as a regular specialist at an Section (c)(2)(vi)(M) of Rule 15c3–1 on security not included in (i) through (iv), active post must be able to assume, for specialty securities in dealer accounts; excluding warrants. each stock in which he is registered that [(ii) Additions for any other haircuts (vi) $500,000 for each specialist is not included in (1) or (2) above, shall on long positions which are deposited security that is an Investment Company be determined by the Exchange. Such or pledged as collateral for funds Unit (as defined in paragraph 703.16 of determinations shall be based upon the borrowed to finance dealer transactions the Listed Company Manual) or a Trust structure and characteristics of the or positions in specialist securities;] Issued Receipt.] security and shall be the amount ([i]ii) Deductions for floor brokerage (1) Each specialist organization prescribed in (1) or (2) above for the and/or commissions receivable; subject to Rule 104.21 must maintain type of stock with the most similar ([iv]iii) Deductions for clearing minimum net liquid assets equal to: structure and characteristics. organization deposits; and (i) $1,000,000 for each one tenth of (4) A member registered as a regular (iv) Deductions for any cash surrender one percent (.1%) of Exchange specialist at the inactive Post must have, value of life insurance policies transaction dollar volume in its
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registered securities, exclusive of other purpose without the express period as may be appropriate for the Exchange Traded Funds, plus $500,000 written consent of the Exchange. first year of its use; for each Exchange Traded Fund; and (B) On the last business day of each .22 [Combinations of Specialist (ii) A market risk add-on, which shall quarter, the specialist organization must Entities]Definitions and Model Approval be calculated as follows: identify the number of backtesting Process (a) The specialist organization may exceptions of the VaR model, that is, the use an Exchange-approved value-at-risk [A specialist entity resulting from the number of business days in the past 250 (VaR) model to calculate its market risk merger, consolidation, acquisition, or business days, or other period as may be add-on. The VaR model must have a other combination of specialist assets: appropriate for the first year of its use, 99%, one-tailed confidence level with (i) subject to the concentration for which the actual net trading loss, if price changes equivalent to a ten measure requirements of Rule 104.21, any, exceeds the corresponding VaR business day movement in rates and shall maintain net liquid assets in measure; and prices. To calculate the market risk add- accordance with those provisions, or (C) The specialist organization must on, the specialist organization equivalent to the aggregate net liquid use the multiplication factor indicated multiplies the VaR of specialist dealer assets of the specialist entities prior to in Table 1 below in determining its and related positions by the appropriate their combination, whichever is greater; market risk add-on until it obtains the multiplication factor, which is set at a (ii) not subject to the concentration next quarter’s backtesting results; minimum of three. The results of measure requirements of Rule 104.21, quarterly backtesting determine which shall maintain net liquid assets Table 1.—Multiplication Factor Based of the multiplication factors contained according to the provisions of Rule on the Number of Backtesting Ex- in Table 1 of Rule 104.22 a specialist 104.20, or equivalent to the aggregate ceptions of the VaR Model organization must use; or net liquid assets of the specialist entities prior to their combination, whichever is (b) For those specialist organizations Number of exceptions Multiplication not utilizing VaR or whose models have greater.] factor (1) For purposes of this Rule 104, not been approved by the NYSE, three specialist organizations must define the 4 or fewer ...... 3.00 times the average of the prior twenty term ‘‘Exchange transaction dollar 5 ...... 3.40 business days’ securities haircuts on its volume’’ consistent with the most recent 6 ...... 3.50 specialist dealer’s positions computed 7 ...... 3.65 Statistical Data, calculated and pursuant to Rule 15c3–1(c)(2)(vi), 8 ...... 3.75 provided by the NYSE on a monthly exclusive of paragraph (N), under the 9 ...... 3.85 basis. Exchange Act. 10 or more ...... 4.00 (2) For a specialist organization’s VaR (2) A specialist organization may model to be approved, it must meet the apply to the Exchange for authorization (iv) For purposes of incorporating following minimum qualitative and specific risk into a VaR model, a to use a VaR model to calculate its quantitative requirements: market risk add-on, in lieu of specialist organization must (a) Qualitative Requirements. demonstrate that it has methodologies calculating the average of the prior (i) The VaR model used to calculate twenty business days’ capital in place to capture liquidity, event, and the market risk add-on for a position, default risk adequately for each requirement for securities haircuts along with a system of internal risk under Exchange Act Rule 15c3– position. Furthermore, the models used management controls to assist the to calculate deductions for specific risk 1(c)(2)(vi), exclusive of paragraph (N). specialist organization in managing the Once a specialist organization has been must: risks associated with its business (A) Explain the historical price granted approval by the Exchange to use activities, must be integrated into the variation in the portfolio; a VaR model, it shall continue to daily internal risk management system (B) Capture concentration (magnitude compute its net liquid asset market risk of the specialist organization; and changes in composition); add-on using VaR, unless a change is (ii) The VaR model must be reviewed (C) Be robust to an adverse approved upon application to the both periodically and annually by environment; and Exchange. To apply for authorization to qualified independent member (D) Be validated through backtesting. use a VaR model pursuant to NYSE organization personnel or a qualified (b) Quantitative Requirements. Rule 104.21(1)(ii)(a), a specialist must third party; and (i) For purposes of determining submit in writing the following (iii) For purposes of computing the market risk add-on, the VaR model must information to Member Firm Regulation market risk add-on, the specialist use a 99 percent, one-tailed confidence with its application: organization must determine the level with price changes equivalent to a (a) A description of the mathematical appropriate multiplication factor as ten-business day movement in rates and models to be used to compute its market follows: prices; risk add-on; (A) As soon as possible, but no later (ii) The VaR model must use an (b) A description of the requirements than three months after the specialist effective historical observation period of as set forth in Exchange Rule 104.22; organization begins using the VaR at least one year. The specialist and model to calculate their market risk organization must consider the effects of (c) Any other material the Exchange add-on, the specialist organization must market stress in its construction of the may request. conduct backtesting of the model by model. Historical data sets must be (3) Notwithstanding the requirements comparing its actual daily net trading updated at least monthly and of Rule 98(b)(vii) (Capital Requirements profit or loss with the corresponding reassessed whenever market prices or Met Separately), the specialist VaR measure generated by the VaR volatilities change significantly; and organization’s net liquid assets needed model, using a 99 percent, one-tailed (iii) The VaR model must take into to meet the requirements in Rules confidence level with price changes account and incorporate all significant, 104.20 and .21 must be dedicated equivalent to a one business day identifiable market risk factors exclusively to specialist dealer movement in rates and prices, for each applicable to positions in the accounts activities, and must not be used for any of the past 250 business days, or other of the specialist organization, including:
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(A) Risks arising from the non-linear satisfactory to the specialist and the [.50 Income records.—Each specialist price characteristics of derivatives and carrying organization; or he may have a and specialist organization shall submit, the sensitivity of the market value of joint account with the carrying for the confidential use of the Exchange, those positions to changes in the organization for the purpose of having such information relating to his or its volatility of the derivatives’ underlying his specialist transactions financed on a specialty business as may be requested rates and prices; margin basis which is mutually by the Exchange. (B) Empirical correlations with and satisfactory.] Each specialist and specialist across risk factors or, alternatively, risk [Each specialist who makes such an organization shall keep its records factors sufficient to cover all the market arrangement must inform The Market showing the data set forth below so that risk inherent in the positions in the Surveillance Division of the name of the they will be readily available when the dealer accounts of the specialist creditor and the terms of the Exchange requests them for its organization; and arrangement. The Market Surveillance confidential use for the purpose of (C) Specific risk for individual Division must be informed immediately surveillance and study of specialists’ positions. by telephone of the intention: (1) To operations: terminate or change an existing .23 Maintaining a Fair and Orderly (i) total ‘‘actual’’ commission income financing arrangement (confirmed Market.— earned in all specialty stock; subsequently in writing); or (2) to issue (ii) share volume executed as agent by Solely for the purpose of maintaining a margin call. (This Rule does not in any specialty stock; and a fair and orderly market, the Exchange manner alter a member’s notification (iii) dealer profit and loss by specialty may, for a period not to exceed 5 requirements to Regulation & stock. business days, allow a specialist entity Surveillance.) The specialist is required Dealer profit and loss data must to continue to operate despite such to submit to that Department on Form reflect, by specialty stock, any gain or specialist entity’s non-compliance with SPC (see .40 below) an initial report at loss occurring within an investment the provisions of Rules 104.2[1]0 [and] such time as the arrangement becomes account.] or 104.2[2]1. operative, and monthly reports *** .24 Relief specialists.— thereafter.] [.40 Reports on Form SPC.—Each Rule 123E. Specialist Combination (1) The requirements with respect to specialist who arranges to have his Review Policy a member registered as a full time relief specialist transactions carried by a (a)—(e) No Change specialist, i.e., one who may be called member organization on a margin basis upon to act as a relief specialist for an (f) [Proponents of a] A specialist unit lower than that required by the Board of combination subject to review by either entire business day, shall be, net liquid Directors of the Federal Reserve System assets of $150,000. [or a joint account the Quality of Markets Committee or the for regular margin accounts, must file Market Performance Committee under with the regular specialist in the stock. with The Market Surveillance Division Any joint account must be approved by this policy must [agree that] result in: a report of Form SPC, (1) as of the first (i) [the] total [amount of] capital Regulation & Surveillance.] date that such arrangement becomes (2) There is no requirement with [which each unit had separately prior to operative, i.e., when the margin in the the proposed combination shall not be respect to a member registered as a part- specialist’s account first fails to meet the time relief specialist, i.e., one who may reduced, regardless of whether it would requirements of the Board of Directors exceed the combined unit’s new capital be called upon to act as a relief of the Federal Reserve System for specialist for less than the entire requirement] of the combined unit regular margin accounts, (2) as of the meeting, at a minimum: (a) the business day, usually for lunch periods, date previous to the first date that the etc. Dealings effected by a part-time requirements of Rules 104.20–104.21, (b) arrangement becomes operative, and (3) be acceptable to the Exchange, and (c) relief specialist while relieving the monthly thereafter, as of the last ledger regular specialist must be made for the the combined unit’s capital requirement date of the month, including the month may be temporarily revised at the account of the regular specialist whom in which the arrangement first becomes he is relieving. discretion of the Exchange; and operative. (ii) all required specialist capital be [Specialists may meet the above Similar reports must be filed by each accounted for separately from any other requirements either with their own specialist who, for the purpose of capital, and be used solely for the capital or by availing themselves of the financing his transactions as a specialist business. financing privileges provided by specialist, arranges with a bank to have § 220.04(g) of Regulation T or § 221.3(o) a loan value extended to him in an * * * * * of Regulation U of the Board of Directors amount greater than that permitted for II. Self-Regulatory Organization’s of the Federal Reserve System ¶ 8121, the financing of his non-specialist Statement of the Purpose of, and 8218 which are explained at .30, below.] transactions. [.30 Financing of specialists.—Under Statutory Basis for, the Proposed Rule § 220.04(g) of Regulation T and General Instructions Change § 221.3(o) Regulation U of the Board of The report of a joint account may be In its filing with the Commission, the Directors of the Federal Reserve System prepared and forwarded by any Exchange included statements ¶ 8121, 8218, a member may have his participant. Forms may be obtained concerning the purpose of, and basis for, transactions as a specialist financed on from Market Surveillance Division. the proposed rule change and discussed a basis which is mutually satisfactory to Reports should be filed with that any comments it received on the the specialist and the creditor. He may Department as promptly as possible proposed rule change. The text of these finance such transactions by borrowing after the ledger date as of which the statements may be examined at the from a bank on terms which are report is prepared. places specified in Item IV below. The mutually agreeable; he may have a Exchange has prepared summaries, set member organization finance such Specific Instructions forth in Sections (A), (B), and (C) below, transactions in a special account on a For specific instruction see the of the most significant aspects of such margin basis which is mutually reverse side of Form SPC.] statements.
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A. Self-Regulatory Organization’s activities of maintaining a fair and result of a merger, consolidation, Statement of the Purpose of, and orderly market on the Exchange. acquisition or other combination of Statutory Basis for, the Proposed Rule The Exchange believes that specialist assets, NYSE Rule 104.22 Change organizations’ unique liquidity needs (‘‘Combinations of Specialists Entities’’), dictate the general form of the net liquid commonly referred to as the ‘‘marriage (1) Purpose asset requirement. Further, the penalty,’’ generally requires the Exchange specialist organizations Exchange believes that it is important maintenance of: must maintain net liquid assets as for all specialist organizations and (a) net liquid assets in accordance required by NYSE Rule 104, and in market participants to know that with Rule 104.21, or equivalent to the addition, must satisfy the net capital specialists have sufficient liquidity to aggregate net liquid assets of the requirements prescribed in Rule 15c3– support the specialist book and market respective specialist entities prior to 1,4 promulgated under the Securities maintenance activities. Therefore, the their combination, whichever is greater; Exchange Act of 1934 (the ‘‘Exchange Exchange contends that a specialist or Act’’).5 NYSE Rule 325 requires organization’s net liquid asset (b) for those combinations not subject members and member organizations to requirement functions to ensure that the to Rule 104.21, net liquid assets comply with Exchange Act Rule 15c3– specialist continues to operate; whereas pursuant to Rule 104.20, or the 1 and also requires notification to the a broker-dealer’s net capital requirement equivalent of the aggregate net liquid Exchange whenever tentative net capital functions to ensure that, if the broker- assets of the respective specialist has declined below defined levels. In dealer were liquidated, the broker- entities prior to their combination, addition, Rule 325 gives the Exchange dealer’s obligations to its customers and whichever is greater. the authority, at any time, to prescribe creditors would be satisfied. (d) Specialist Combination Review greater net capital or net worth (ii) Background. (a) Position-Based Policy (Rule 123E(f)(i)). Exchange Rule requirements than those explicitly Capital Requirements (Rule 104.20). 123E(f) currently requires proponents of prescribed by the rule, or to require Exchange Rule 104.20 (‘‘Regular a specialist unit combination to agree more stringent treatment of items when Specialists’’) sets position requirements that: (i) The total amount of capital computing net capital, net worth and, a specialist organization must be able to which each unit had separately prior to by implication, net liquid assets. assume in each stock that it is allocated. the proposed combination shall not be Further, the NYSE can restrict the For each Investment Company Unit or reduced regardless of whether it would business activities of specialist Trust Issued Receipt for which a exceed the combined unit’s new capital organizations consistent with good specialist organization is registered, it requirement; and (ii) all required business practices and its obligation to must maintain net liquid assets specialist capital be accounted for maintain a fair and orderly market. Such equivalent to $500,000. The rule also separately from any other capital and be restrictions may include prohibitions sets a minimum capital requirement, used solely for the specialist business. which is the greater of $1,000,000 or against business expansion and business NYSE Rule 123E(f)(i) applies a 25% of the current position reduction requirements. ‘‘marriage penalty,’’ similar to that set requirements. forth in Exchange Rule 104.22, to a The Exchange proposes to amend (b) Concentration Requirements (Rule Rules 104 and 123E to change the combination of specialist organizations 104.21). Specialist organizations are also by requiring a higher capital capital requirement of specialist subject to NYSE Rule 104.21 organizations. The Exchange believes requirement of the combined unit, (‘‘Concentration Measure rather than allowing a possible that if the proposed amendments are Requirements’’) if a specialist adopted, Rule 104 would more reduction of capital, in line with the organization’s market share exceeds 5% new combined specialist organization’s accurately address market risks and of certain ‘‘concentration measures.’’ 6 volatility. Further, the changes to Rule capital requirement. Rule 123E(f)(i) does Further, a specialist organization must not recognize the benefits derived from 123E would eliminate the ‘‘marriage maintain the following net liquid assets: penalty’’ capital requirement for such combinations, nor does it (i) $4 million for each specialist security compensate for excess capital that may specialist organization combinations. contained in the Dow Jones Industrial (i) Difference Between Net Capital and have been in each specialist Average; (ii) $2 million for each organization prior to the merger. Net Liquid Assets. According to the specialist security contained in the S&P Exchange, ‘‘Net capital’’ is a regulatory (iii) Issues/Concerns With the Current 100, not contained in (i); (iii) $1 million Capital Requirements. In mid December measure of the prudent level of liquid for each specialist security contained in assets required for a broker-dealer. 1987—soon after the 1987 major stock the S&P 500, not contained in (i) or (ii); market correction—there were 55 However, the Exchange contends that (iv) $500,000 for each specialist specialist organizations on the Floor of the term ‘‘net liquid assets’’ refers to common stock, Investment Company the Exchange. By the year 2000, when liquidity in the form of cash and cash Unit (including Exchange Traded Exchange Rule 104.22 was adopted, equivalents that is immediately Funds) or a Trust Issued Receipt, those specialist organizations had available (or within twenty four hours) excluding bond funds, not contained in merged, consolidated, acquired or to a specialist organization for the (i), (ii) or (iii); and (v) $100,000 for each combined to reduce that number to 25. continuing purchase and sale of specialist security not included in (i) By April 2005, further consolidation securities in which a specialist is through (iv), excluding warrants. had reduced the number of specialist registered, in support of the specialist (c) Combinations of Specialist Entities organizations to seven.7 book, and market maintenance. The (Rule 104.22). When two or more Exchange believes that net liquid assets specialist organizations combine as the 7 Because of the marriage penalty the capital are a shorter-term form of liquidity that requirements for the remaining seven specalist is meant to be available to the specialist 6 (1) All listed common stock; (2) The 250 most organizations represent the combined amount of organization pursuant to its daily active listed common stocks (over the previous capital requirements of the 25 specialist twelve months); (3) Total share volume of stock organizations that since 2000 were merged, trading on the Exchange (over the previous twelve consolidated, acquired or combined. The Exchange 4 17 CFR 240.15c3–1. months); or (4) Total dollar value of stock trading believes that the current capital requirement does 5 15 U.S.C. 78a et seq. on the Exchange (over the previous twelve months). Continued
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The Exchange believes that the (a) An Exchange-approved value-at- standards set forth in the Commission’s position-based requirement risk (VaR) 8 model to calculate its CSE rules, increase or decrease the methodology set forth in NYSE Rule requirement for market risk; or market risk add-on requirement. The 104.20 is no longer appropriate in a (b) For those not utilizing VaR or Exchange will provide prompt marketplace where there are seven whose models have not been approved subsequent notice to the Commission of specialist organizations with sizeable by the NYSE, three times the average of any such adjustments. capital bases and sophisticated risk the prior twenty business day’s The Exchange is proposing to add a management systems. The Exchange securities haircuts on its specialist section requiring that a specialist contends that concentration dealer’s positions. organization’s net liquid assets needed requirements set forth currently in The Exchange believes this proposal to meet the requirements in NYSE Rules Exchange Rule 104.21 significantly utilizes the more generally recognized 104.20 and .21 must be dedicated increase specialist organizations’ capital and, effective risk measurement tools exclusively to specialist dealer requirements: However, there is no employed by financial services firms, activities, and must not be used for any gradual increase in the requirement. and increasingly by the Commission other purpose without the express Once a specialist organization’s market with particular respect to larger written consent of the Exchange. This is share exceeds 5% of any of the organizations, such as Consolidated currently required under Rule 123(f)(ii) concentration measures they Supervised Entities (‘‘CSE’’),9 whose when specialist organizations combine, immediately are subject to the rule. The financial impact upon the market is and the Exchange believes it should be Exchange believes that this creates an significant. expanded to all specialist organizations’ unintended disincentive for a specialist The Exchange is proposing definitions required net liquid assets. organization to increase its market and guidelines for the model approval The Exchange is proposing to share. process in proposed Rule 104.22 (to be eliminate the marriage penalty of NYSE The marriage penalty imposed by re-titled ‘‘Definitions and Model Rule 104.22 in its entirety. With a net Rules 104.22 and 123E(f)(i) effectively Approval Process’’). The model liquid assets requirement based upon a subjects specialist organizations that approval process is designed after the specialist organization’s traded volume have merged to the combined net liquid SEC’s rules for consolidated supervised on the Floor of the Exchange combined asset requirements of the two entities, entities and includes qualitative and with an add-on for market risk although the Exchange contends that the quantitative requirements for a requirement, the Exchange believes that incremental risk assumed may not be specialist organization’s VaR model. it is not appropriate or necessary to commensurate with the amount of net Some of these requirements include: (1) arbitrarily increase a specialist liquid assets required to be maintained. the VaR model must be integrated into organization’s requirement when it The Exchange believes that the current the specialist organization’s internal risk combines with another. net liquid assets requirement for such management system; (2) the VaR model The Exchange is also proposing to specialist organizations is based neither must be reviewed both periodically and eliminate the marriage penalty of NYSE upon the amount of risk a specialist annually; and (3) methodologies to Rule 123E(f)(i) by requiring the organization is taking, nor upon the capture liquidity, event and default risk specialist organization to maintain net dollar value or volatility of its portfolio. adequately for each position. liquid assets in accordance with the (iv) Proposed Amendments. The Specialists’ internal risk management specialist capital requirements of Exchange is proposing that NYSE Rule systems must generally be consistent Exchange Rule 104.20 to .21, and 104.20 (to be re-titled ‘‘Specialist with standards outlined in the granting the Exchange discretion to Organizations—Minimum Capital Commission’s CSE rules, particularly temporarily revise the combined unit’s Requirements’’) be amended to adopt SEA Rule 15c3–4. Once a specialist requirements. risk-based requirements in lieu of the organization has been granted approval The Exchange is also proposing to outdated and irrelevant position by the Exchange to use a VaR model, it delete specialist organization financing requirements, with the exception of may continue to compute its net liquid sections 104.30 (‘‘Financing of Exchange Traded Funds (‘‘ETFs’’). For asset requirement using VaR, unless a Specialists’’), 104.40 (‘‘Reports on Form ETFs, the Exchange is proposing to change is approved upon application to SPC’’) and 104.50 (‘‘Income Records’’). amend Rule 104.20 to clarify that the Exchange. The Exchange will, from The deletion of Rule 104.30 is proposed specialist organizations that are time to time, revisit and examine to reflect the current reality that net approved net liquid asset models and registered solely in ETFs maintain the liquid asset requirements must be met may, for good cause and consistent with greater of $500,000 for each ETF or from specialists’ own books and records $1,000,000. and not from an account carried by a 8 The Exchange believes that value-at-risk is a third party. The deletion of Rule 104.30 Proposed amendments to NYSE Rule generally accepted method of measuring risk for 104.21 (to be re-titled ‘‘Specialist financial organizations and notes that it is primarily would render Rule 104.40 irrelevant. Organizations—Additional Capital used to establish trading limits and to stress test The recordkeeping requirements of Rule Requirements’’) would require a models and limits. It uses standard statistical 104.50 have been rendered irrelevant in techniques to design trading strategies and to light of NYSE Rule 440 (‘‘Books and specialist organization to meet, with its correlate past risks with future risks to set trading own net liquid assets, a minimum limimts and thereby to minimize potential losses. Records’’) which incorporates, by capital requirement equal to: Value-at-risk models assess market risk based on reference, Securities and Exchange Act (i) $1,000,000 for each one tenth of the probability distribution for a portfolio’s market Rules 17a–3 and 17a–4. one percent (.1%) of Exchange value. Finally, the filing includes several 9 See Exchange Act Rule 15c3–1(c)(15) which, as minor technical amendments to the transaction dollar volume in its part of the SEC’s Consolidated Supervised Entity specialty securities, plus $500,000 for (‘‘CSE’’) rules, establishes a voluntary method of rules for purposes of clarity and each Exchange Traded Fund; and computing net capital for large broker-dealers that consistency. (ii) A market risk add-on, which is are part of a CSE. Eligibility to use the alternative/ (v) Discussion. The Exchange believes CSE method is conditioned upon a broker-dealer’s that current net liquid asset calculated as either: compliance with several requirements, including comprehensive internal risk management requirements impose excessively high not recognize the benefits derived from such procedures that address the firm’s market, credit, capital requirements on specialists that consolidation. liquidity and operations risk. are not based upon the amount of risk
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a specialist takes or the volatility of its $377 million would result (assuming of the net liquid asset requirement portfolio. As a result, the Exchange specialist organizations’ purchases of creates an incentive for specialist believes that the rules impose $75 million for each 1% decline in the organizations to develop state of the art unjustified costs on existing specialists market). Consequently, the Exchange risk measurement systems, as well as and discourage new entrants to the believes that if specialist organizations hedge their positions, thereby limiting market. The Exchange contends that started with $1.1 billion of net liquid potential losses. under this proposal, current rules based assets, they should have sufficient d. Financing of Specialists. Under on classes of allocated securities and capital and liquidity during normal current Rule 104.30, specialist capital penalties for mergers among markets and be able to withstand worst organizations can finance their specialists would be replaced by rules case market shocks without interruption transactions pursuant to Regulations T that focus on market stress and to their businesses. The Exchange and U of the Federal Reserve System. volatility, and market share measured believes that the remaining net liquid Pursuant to the section, a specialist by total dollar volume traded. The assets of $723 million provides buying organization must notify the Market Exchange further contends that the new power 12 of $2.9 billion, which should Surveillance Department of the name of rules may encourage new specialist provide adequate liquidity in a normal the creditor and the terms of the organizations to begin operations on the market.13 arrangement. The Exchange proposes to Floor of the Exchange. (c) Market Risk/Net Liquid Asset delete the section in its entirety since it (a) Correlation Between Specialist Requirements. Therefore, based on the is no longer relevant as specialist Organization Inventory Positions and above analysis, the Exchange believes organizations can currently arrange for the Market. The Exchange contends that that maintaining a minimum of credit under other existing Exchange changes in specialist organizations’ approximately $1.1 billion of net liquid rules. inventory positions are highly assets across all specialist organizations e. Reports on Form SPC. Under correlated to changes in price would provide a prudent level of current Rule 104.40, specialist movements in the broader market. They capitalization for normal business organizations that finance their base their conclusion on data, compiled operations with sufficient reserve in the transactions on a margin basis lower from September 1998 through October event of severe shocks to the market. than that required by the Federal 2004, that compares aggregate long and The Exchange intends to reassess this Reserve for regular margin accounts, short specialist position data with proposed requirement annually based must file Form SPC with the Market market movements, as represented by upon market volatility as well as the Surveillance Department. Similar the S&P 500.10 The Exchange found dollar volume of total shares traded by reports must be filed by specialist that, on average, specialist organizations all specialist organizations to determine organizations that arrange for a bank to bought $75 million of securities for each its continuing adequacy. have a loan value extended to the non- 1% decline in prices and sold $75 The Exchange contends that this specialist organization in an amount million in securities for each 1% proposal also encompasses a greater than that permitted for the increase in prices. The greatest price methodology whereby a specialist financing of the non-specialist decline in one day over this six year organization’s risk measurement system transactions. The Exchange purposes to period was 6.2% on the S&P 500, which is considered in determining required delete the section in its entirety as it occurred on April 14, 2000. Total capital standards. In order to use a VaR would no longer be applicable in the specialist net liquid assets decreased model to calculate the specialist absence of Rule 104.30. $16 million as a result of this market organization’s net liquid asset f. Income Records. Under current Rule move. requirement, the specialist must 104.50, specialist organizations must (b) Worst-Case Market Risk Scenario incorporate the VaR methodology into keep and produce, at the request of the for Specialist Organizations. Utilizing its risk management practices. The Exchange, information on commission the historical worst-case scenario,11 and Exchange will be required to evaluate income, share volume, and dealer profit assuming specialist organizations open those risk management practices at and loss. The Exchange proposes to the trading day with a $100 million net specialist organizations, including a delete the section in its entirety as it is long position and incur a non-stop 30% review of each firm’s infrastructure for no longer applicable with the adoption market decline, the Exchange monitoring and controlling market risk, of Rule 440 (Books and Records), which determined that a cumulative loss of before they will be allowed to utilize incorporates by reference Rules 17a–3 VaR model requirements. and 17a–4, under the Exchange Act. 10 The NYSE performed an analysis of specialist As the proposal is based on dollar risk exposure in volatile trading scenarios over a volumes traded and average inventory 2. Statutory Basis period of years with its member specialist positions, as well as average haircuts, The statutory basis for this proposed organizations, including simulations of how the Exchange believes it does not rule change is section 6(b)(5) 14 of the specialist capital levels would fare if faced with extremely volatile situations similar to the October unduly penalize a specialist Exchange Act. The proposed 19, 1987 market correction, and other ‘‘worst case’’ organization for taking on larger amendments to Exchange Rules 104 and consecutive day price declines. positions in adverse market conditions. 123E are consistent with the 11 A prime example of a worst-case scenario is the The Exchange believes that utilizing requirements of section 6(b)(5), which consecutive day declines that occurred in October 1987 when the DJIA dropped 31% and the S&P lost value-at-risk modeling as a component requires that the rules of the Exchange 29%. On October 16, 1987, 55 NYSE specialist must be designed, among other things, organizations had net liquid assets totaling $808 12 Buying power is the total market value of to promote just and equitable principles million. These assets dropped by $196 million to securities in which a specialist is registered that can of trade, to remove impediments to and $612 million at the close on October 19, 1987. be purchased and/or sold on margin by the Buying power decreased from $2.3 billion to $1.1 specialist organization, without depositing perfect the mechanism of a free and billion. One half of this buying power was additional funds into the specialist organization’s open market and national market concentrated in eight specialist organizations. dealer account carried by another broker-dealer. system, and, in general, to protect Twenty-three specialist organizations had less than 13 In such a scenario, the Exchange would have investors and the public interest. The $5 million of buying power and thirteen specialist the flexibility under Exchange Rules 325 and 326 organizations had no buying power. In comparison, to prescribe greater net capital or net worth proposed amendments are consistent the 1929 crash resulted in a four consecutive day requirements, and/or restricting a specialist decline in the DJIA of 16%. organization’s business activities. 14 15 U.S.C. 78f(b)(5).
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with the Section in that they encompass Street, NE., Washington, DC 20549– imported from abroad for temporary a methodology whereby risk 9303. All submissions should refer to exhibition within the United States, are management is considered in File Number SR–NYSE–2005–38. of cultural significance. The objects are determining required capital To help the Commission process and imported pursuant to loan agreements standards—similar to recent review your comments more efficiently, with the foreign owners. I also Commission amendments to Exchange please use only one method. determine that the exhibition or display Act Rule 15c3–1 regarding the The Commission will post all of the exhibit objects at The Museum of alternative method for computing net comments on the Commission’s Internet Modern Art, from on or about February capital for broker-dealers that are part of Web site (http://www.sec.gov/rules/sro/ 19, 2006, until on or about May 8, 2006, a consolidated supervised entity.15 shtml). Copies of the submission, all and at possible additional venues yet to subsequent amendments, all written be determined, is in the national B. Self-Regulatory Organization’s statements with respect to the proposed interest. Public Notice of these Statement on Burden on Competition rule change that are filed with the Determinations is ordered to be The Exchange does not believe that Commission, and all written published in the Federal Register. the proposed rule change will impose communications relating to the FOR FURTHER INFORMATION CONTACT: For any burden on competition not proposed rule change between the further information, including a list of necessary or appropriate in furtherance Commission and any person, other than the exhibit objects, contact Richard of the purposes of the Exchange Act. those that may be withheld from the Lahne, Attorney-Adviser, Office of the public in accordance with the C. Self-Regulatory Organization’s Legal Adviser, U.S. Department of State provisions of 5 U.S.C. 552, will be Statement on Comments on the (telephone: 202–453–8058). The address available for inspection and copying in Proposed Rule Change Received From is U.S. Department of State, SA–44, 301 the Commission’s Public Reference Members, Participants or Others 4th Street, SW., Room 700, Washington, Room. Copies of such filing also will be DC 20547–0001. The Exchange has neither solicited available for inspection and copying at Dated: December 18, 2005. nor received written comments on the the principal office of the NYSE. All proposed rule change. comments received will be posted C. Miller Crouch, Principal Deputy Assistant Secretary for III. Date of Effectiveness of the without change; the Commission does not edit personal identifying Educational and Cultural Affairs, Department Proposed Rule Change and Timing for of State. Commission Action information from submissions. You should submit only information that [FR Doc. E5–7791 Filed 12–22–05; 8:45 am] Within 35 days of the date of you wish to make available publicly. All BILLING CODE 4710–05–P publication of this notice in the Federal submission should refer to File Number Register or within such longer period (i) SR–NYSE–2005–38 and should be as the Commission may designate up to submitted on or before January 13, 2006. DEPARTMENT OF TRANSPORTATION 90 days of such date if it finds such longer period to be appropriate and For the Commission, by the Division of Federal Aviation Administration Market Regulation, pursuant to delegated publishes its reasons for so finding, or authority.16 Notice of Passenger Facility Charger (ii) as to which the Exchange consents, Jonathan G. Katz, (PFC) Approvals and Disapprovals the Commission will: Secretary. (A) By order approve such proposed AGENCY: Federal Aviation rule change; or [FR Doc. E5–7769 Filed 12–22–05; 8:45 am] Administration (FAA), DOT. BILLING CODE 8010–01–P (B) Institute proceedings to determine ACTION: Monthly Notice of PFC whether the proposed rule change Approvals and Disapprovals. In August should be disapproved. 2005, there were 14 applications DEPARTMENT OF STATE IV. Solicitation of Comments approved. This notice also includes [Public Notice 5254] information on two applications, one Interested persons are invited to approved in April 2005 and the other in submit written data, views, and Culturally Significant Objects Imported July 2005, inadvertently left off the arguments concerning the foregoing, for Exhibition Determinations: ‘‘Edvard April 2005 and July 2005 notices, including whether the proposed rule Munch: The Modern Life of the Soul’’ respectively. Additionally, 22 approved change is consistent with the Act. amendments to previously approved SUMMARY: Notice is hereby given of the Comments may be submitted by any applications are listed. of the following methods: following determinations: Pursuant to the authority vested in me by the Act of SUMMARY: The FAA publishes a monthly Electronic Comments October 19, 1965 (79 Stat. 985; 22 U.S.C. notice, as appropriate, of PFC approvals • Use the Commission’s Internet 2459), Executive Order 12047 of March and disapprovals under the provisions comment form (http://www.sec.gov/ 27, 1978, the Foreign Affairs Reform and of the Aviation Safety and Capacity rules/sro.shtml); or Restructuring Act of 1998 (112 Stat. Expansion Act of 1990 (Title IX of the • Send e-mail to rule- 2681, et seq.; 22 U.S.C. 6501 note, et Omnibus Budget Reconciliation Act of [email protected]. Please include File seq.), Delegation of Authority No. 234 of 1990) (Pub. L. 101–508) and Part 158 of Number SR–NYSE–2005–38 on the October 1, 1999, Delegation of Authority the Federal Aviation Regulations (14 subject line. No. 236 of October 19, 1999, as CFR Part 158). This notice is published amended, and Delegation of Authority pursuant to paragraph d of § 158.29. Paper Comments No. 257 of April 15, 2003 [68 FR 19875], Send paper comments in triplicate to I hereby determine that the objects to be PFC Applications Approved Jonathan G. Katz, Secretary, Securities included in the exhibition ‘‘Edvard Public Agency: Monroe County Board and Exchange Commission, 100 F Munch: The Modern Life of the Soul’’, of Commissioners, Key West, Florida. Application Number: 05–09–C–00– 15 See Release No. 34–49830 (S7–21–03). 16 17 CFR 200.30–3(a)(12). EYW.
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Application Type: Impose and use a accounts for less than 1 percent of the Public Agency: Kenton County PFC. total annual enplanements at Missoula Airport Board, Covington, Kentucky. PFC Level: $4.50. International Airport. Application Number: 05–09–C–00– Total PFC Revenue Approved in This Brief Description of Projects Approved CVG. Decision: $361,645. for Collection and Use: Application Type: Impose and use a Earliest Charge Effective Date: Rehabilitation of taxiways D, G, and PFC. October 1, 2005. F. Total PFC Revenue Approved in This Estimated Charge Expiration Date: Passenger loading bridges. Decision: $47,226,928. November 1, 2005. Aircraft rescue and firefighting PFC Level: $3.00. Classes of Air Carriers Not Required vehicle. Earliest Charge Effective Date: January to Collect PFC’s: (1) Air taxi/commercial Extend taxiway A. 1, 2009. operators filing FAA Form 1800–31; and Airfield snow removal equipment. Estimated Charge Expiration Date: (2) commuters or small certificated air Airport planning study. October 1, 2010. carriers filing Department of Construct access taxiway. Classes of Air Carriers Not Required Transportation Form 298C–T1 or E1. Security enhancements. to Collect PFC’s: (1) Part 121 Determination: Approved. Based on Decision Date: July 22, 2005. supplemental operators which operate information contained in the public FOR FURTHER INFORMATION CONTACT: at the airport without an operating agency’s application, the FAA has David S. Stelling, Helena Airports agreement and enplane less than 1,500 determined that each proposed class District Office, (406) 449–5271. passengers per year; and (2) Part 135 on- accounts for less than 1 percent of the Public Agency: Board of Trustees, demand air taxis, both fixed wing and total annual enplanements at Key West University of Illinois, Savoy, Illinois. rotary. International Airport (EYW). Application Number: 05–03–C–00– Determination: Approved. Based on Brief Description of Projects Approved CMI. information contained in the public for Collection at EYW: Application Type: Impose and use a agency’s application, the FAA has New terminal complex development PFC. determined that each proposed class (phase III). PFC Level: $4.50. accounts for less than 1 percent of the Runway 9/27 safety area development Total PFC Revenue Approved in This total annual enplanements at (phase III). Decision: $2,135,160. Cincinnati/Northern Kentucky Brief Description of Projects Approved Earliest Charge Effective Date: International Airport. for Collection EYW and Use at EYW: October 1, 2005. Brief Description of Projects Approved PFC application. Estimated Charge Expiration Date: for Collection and Use: Extend terminal Noise improvement program phase 5 July 1, 2009. access/service road from Donaldson design and development. Class of Air Carriers Not Required to Road to Hossman Road. Security perimeter fencing (phase II). Collect PFC’s: Nonscheduled/on- Snow equipment replacements. Approach clearing runway 9/27. demand operators filing FAA Form Deicing trucks (two). Brief Description of Projects Approved 1800–31. Crash truck. for Collection at EYW and Use at Determination: Approved. Based on Quick response truck. Marathon Airport: information contained in the public Kentucky Route 212 interchange T-Hangar taxilanes (phase II) agency’s application, the FAA has improvements—planning/design. including taxiway A extension. determined that the proposed class Airport security master plan projects. Sound insulation of schools and Rehabilitate terminal canopy (phase accounts for less than 1 percent of the churches. II). total annual enplanements at University Upgrade runway 18R and 18L Relocate wind sock/segmented circle. of Illinois—Willard Airport. instrument landing system to category Generator for rotating beacon. Brief Description of Projects Approved II. Decision Date: April 5, 2005. for Collection and Use: Upgrade terminal 3 and concourse A, Air carrier apron rehabilitation study. FOR FURTHER INFORMATION CONTACT: B, and C paging/sound systems. Susan Moore, Orlando Airports District Terminal road access rehabilitation. Terminal 1 and concourse Office, (407) 812–6331. Rehabilitate air carrier apron (phase redevelopment project—planning/ Public Agency: Missoula County 1). design. Airport Authority, Missoula, Montana. PFC program development. Deicing enhancements. Application Number: 05–05–C–00– Replace visual approach slope Terminal 2 improvements. MSO. indicators with precision approach path Surface movement guidance and Application Type: Impose and use a indicators. control system. PFC. Acquisition/installation of new Driver’s training simulator. Total PFC Revenue Approved in This terminal doorways. Closed circuit television digital Decision: $2,339,144. Replacement loading bridge for recording system upgrade. PFC Level: $4.50. regional jets. Runway 9/27 rehabilitation. Earliest Charge Effective Date: Modification of existing loading Runway 18R/36L rehabilitation. October 1, 2005. bridges. Security screening building for Estimated Charge Expiration Date: Acquire snow removal rotary broom. concourse C—planning and preliminary June 1, 2007. New sand and deicing material cold design. Class of Air Carriers Not Required to storage building. Apron/taxi lane pavement Collect PFC’s: Air tax/commercial Rehabilitate air carrier apron (phase rehabilitation. operators filing FAA Form 1800–31. 2). Identification electronic Determination: Approved. Based on Decision Date: August 3, 2005. fingerprinting equipment and required information contained in the public FOR FURTHER INFORMATION CONTACT: Gary identification department building agency’s application, the FAA has Wilson, Chicago Airports District Office, modifications. determined that the proposed class (847) 294–7631. Decision Date: August 3, 2005.
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FOR FURTHER INFORMATION CONTACT: Jerry Storm water improvement project. PFC Level: $4.50. O. Bowers, Memphis Airports District Determination: The FAA has not Total PFC Revenue to be Used in This Office, (901) 322–8184. made a final environmental Decision: $1,078,421. Public Agency: City of Fayetteville, determination for this project. Earliest Charge Effective Date: North Carolina. Therefore, the project does not meet the December 1, 2005. Application Number: 05–03–C–00– requirements of § 158.30(c)(1)(ii). Estimated Charge Expiration Date: FAY. Runway 10/28 rehabilitation design. February 1, 2008. Application Type: Impose and use a Runway 10/28 rehabilitation— Class of Air Carriers Not Required to PFC. construction. Collect PFC’S: Nonscheduled/on- Total PFC Revenue Approved in This Determination: The projects do not demand air carriers filing FAA Form Decision: $835,286. meet Airport Improvement Program 1800–31. PFC Level: $3.00. (AIP) eligibility requirements in Determination: Approved. Based on Earliest Charge Effective Date: accordance with paragraph 521(c) of information contained in the public October 1, 2005. FAA Order 5100.38B, Change 2, AIP agency’s application, the FAA has Estimated Charge Expiration Date: Handbook (May 16, 2005). The FAA has determined that the proposed class February 1, 2006. determined that the primary runway accounts for less than 1 percent of the Class of Air Carriers Not Required to provides recommended wind coverage total annual enplanements at Greater Collect PFC’S: None. and the secondary runway is not Binghamton Airport. Brief Description of Projects Approved required for operational need. Brief Description of Projects Approved for Collection and Use: Taxiway A extension. for Collection and Use: Terminal loop roadway (design/ Determination: The project is not Taxiway rehabilitation (construction). construction). shown on the currently approved PFC administrative (2006–2010) cost Obstruction removal (design/ airport layout plan. Therefore, the reimbursement. construction). project does not meet the requirements Purchase snow removal equipment. Master plan. of § 158.30(c)(1)(ii). Runway 10/28 safety area Snow plows. North general aviation ramp overlay improvements. Handicap lift device. (lower area). Airport entrance road improvements. Fire training facility evaluation/study. Determination: The project Airport master plan update. Storm water management evaluation/ description is very similar to a project Airport service road improvements. study. approved in the FAA’s 00–01–C–00– Decision Date: August 10, 2005. FAY Record of Decision. There is not PFC application (original program). FOR FURTHER INFORMATION CONTACT: enough information in the notice of PFC application (program 2). Robert Levine, New York Airports intent to determine if this is a different Terminal roof replacement. District Office, (516) 227–3807. Runway crack repair and paint. project. Pavement condition index study. Decision Date: August 9, 2005. Public Agency: Monroe County Board Airport beacon replacement. FOR FURTHER INFORMATION CONTACT: of Commissioners, Key West, Florida. Jet bridge modifications (gates B–2 Scott L. Seritt, Atlanta Airports District Application Number: 05–10–C–00– and B–4) for regional jets. Office, (404) 305–7150. EYW. Application Type: Impose and use a Runway 4/22 rehabilitation design. Public Agency: Bradford Regional PFC. Generator/vault upgrade. Airport Authority, Lewis Run, PFC Level: $4.50. Aircraft rescue and firefighting Pennsylvania. Total PFC Revenue Approved in This expansion. Application Number: 05–04–U–00– Decision: $48,810,445. Runway 4/22 rehabilitation— BFD. construction. Application Type: Use PFC revenue. Earliest Charge Effective Date: Replacement jet bridge for B4. PFC Level: $4.50. November 1, 2005. Rehabilitate airfield lighting. Total PFC Revenue to be Used in This Estimated Charge Expiration Date: Pavement rehabilitation (per Decision: $46,801. November 1, 2037. pavement condition index study). Charge Effective Date: May 1, 2003. Classes of Air Carriers Not Required Pave aircraft rescue and firefighting Estimated Charge Expiration Date: to Collect PFC’S: (1) Air taxi/ and surveillance road. April 1, 2011. commercial operators filing FAA Form Fire training facility upgrade. Class of Air Carriers Not Required to 1800–31; and (2) commuters or small Security cameras system. Collect PFC’S: No change from previous certificated air carriers filing Replace aircraft rescue and decision. Department of Transportation Form firefighting vehicle. Brief Description of Projects Approved 298C–T1 or E1. PFC program consulting. for Use: Determination: Approved. Based on Brief Description of Projects Approved Rehabilitate access road. information contained in the public for Collection: Land acquisition/obstruction removal. agency’s application, the FAA has Widen taxiway A. Runway 32 safety area, phase II. determined that each proposed class South general aviation ramp overlay/ Decision Date: August 9, 2005. accounts for less than 1 percent of the expansion. FOR FURTHER INFORMATION CONTACT: Lori total annual enplanements at Key West Runway 4/22 hold pads. Ledebohm, Harrisburg Airports District International Airport. Brief Description of Projects Office (717) 730–2835. Brief Description of Projects Approved Disapproved: FAA certification exhibits. Public Agency: Broome County for Collection: Determination: Project does not meet Department of Aviation, Johnson City, New passenger terminal building. the definition of eligible planning or New York. Terminal roadway and ramps. development per § 158.15(b). Application Number: 05–08–C–00– Brief Description of Projects Approved Airport operations vehicle. BGM. for Collection and Use: Determination: Project does not meet Application Type: Impose and use a Land acquisition, runway protection the requirements of § 158.15(b)(1). PFC. zone runway 27.
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PFC application development. Application Type: Impose and use a Total PFC Revenue Approved in This PFC program administration. PFC. Decision: $672,867,049. Decision Date: August 12, 2005. PFC Level: $4.50. Earliest Charge Effective Date: January FOR FURTHER INFORMATION CONTACT: Total PFC Revenue Approved in This 1, 2007. Susan Moore, Orlando Airports District Decision: $10,577.162. Estimated Charge Expiration Date: Office, (407) 812–6331. Earliest Charge Effective Date: January May 1, 2017. Class of Air Carriers Not Required to Public Agency: Capital Region Airport 1, 2012. Collect PFC’S: Nonscheduled/on- Authority, Lansing, Michigan. Estimated Charge Expiration Date: Application Number: 05–05–C–00– August 1, 2015. demand air carriers filing FAA Form ALLAN. Class of air Carriers Not Required to 1800–31. Determination: Approved. Based on Application Type: Impose and use a Collect PFC’S: Part 135 air taxi/ information contained in the public PFC. commercial operators. agency’s application, the FAA has PFC Level: $4.50. Determination: Approved. Based on Total PFC Revenue Approved in This information contained in the public determined that the proposed class Decision: $23,838,563. agency’s application, the FAA has accounts for less than 1 percent of the Earliest Charge Effective Date: July 1, determined that the proposed class total annual enplanements at 2008. accounts for less than 1 percent of the Washington Dulles International Estimated Charge Expiration Date: total annual enplanements at Des Airport. Brief Description of Project Approved February 1, 2022. Moines International Airport. Class of Air Carriers not Required to Brief Description of Projects Approved for Collection and Use: People mover Collect PFC’S: Nonscheduled Part 135 for Collection and Use: system, tunnels, and station. Decision Date: August 17, 2005. and air taxi operators. Airport access control system. Determination: Approved. Based on Runway 31 category II centerline FOR FURTHER INFORMATION CONTACT: information contained in the public lights. Terry Page, Washington Airports agency’s application, the FAA has Construct runway 5/23 extension. District Office, (703) 661–1354. determined that the proposed class Extend taxiway P. Public Agency: City of Dayton, Ohio. accounts for less than 1 percent of the Noise compatibility program. Application Number: 05–05–C–00– total annual enplanements at Capital Runway/taxiway signage. DAY. City Airport. Terminal apron reconstruction. Application Type: Impose and use a Brief Description of Projects Approved South cargo ramp extension. PFC. Southeast service road relocation. PFC Level: $4.50. for Collection and Use: Rehabilitation of runway 13L/31R. Total PFC Revenue Approved in This 1992 debt service terminal bond debt. Security gate upgrade. Decision: $33,577,115. Extend runway 10R/28L to 8,500 feet. Land acquisition—runway 13R/31L. Earliest Charge Effective Date: Land/building acquisition. Decision Date: August 16, 2005. December 1, 2013. Mill/resurface. Estimated Charge Expiration Date: Expand hold room and construct FOR FURTHER INFORMATION CONTACT: February 1, 2018. vestibules. Lorna K. Sandridge, Central Region Class of Air Carriers Not Required To Acquire/ install/ relocate/ rehabilitate Airports Division, (816) 329–2641. Collect PFC’S: Air taxi/commercial loading bridges. Public Agency: City of Portland, operators. Runway safety area 6/24 and west Maine. Determination: Approved. Based on service road. Application Number: 05–04–U–00– information contained in the public Environmental assessment and PWM. agency’s application, the FAA has preliminary engineering, runway 10R/ Application Type: Use PFC revenue. determined that the proposed class 28L extension. PFC Level: $3.00. accounts for less than 1 percent of the Construct taxiway and rehabilitate Total PFC Revenue To Be Used in total annual enplanements at Dayton terminal. This Decision: $8,163,503. Airport. Snow removal equipment storage Charge Effective Date: February 1, Brief Description of Projects Approved building expansion concepts and 2004. for Collection and Use: design. Estimated Charge Expiration Date: Terminal environmental restoration. March 1, 2013. Snow removal equipment. In-line baggage make-up facility. Class of Air Carriers Not Required To Redirect glycol disposal outlet. Decision Date: August 19, 2005. Reconstruct aircraft rescue and Collect PFC’S: No change from previous FOR FURTHER INFORMATION CONTACT: firefighting/fuel access road. decision. Replace lighting system on runway 6/ Brief Description of Project Approved Jason Watt, Detroit Airports District 24. For Use: Baggage claim expansion and Office, (734) 229–2906. Taxiway G mill and overlay. improvements. Public Agency: City of Syracuse Construct taxiway to east ramp. Decision Date: August 17, 2005. Department of Aviation, Syracuse, New Pavement management plan update. York. FOR FURTHER INFORMATION CONTACT: Application Number: 05–05–C–00– Expand freight ramp. Priscilla Scott, New England Region Reconstruct T-Hangar taxi streets. SYR Airports Division, (781) 238–7614. Application Type: Impose and use a Decision Date: August 12, 2005. Public Agency: Metropolitan PFC. FOR FURTHER INFORMATION CONTACT: Washington Airports Authority, PFC Level: $4.50. Jason K. Watt, Detroit Airports District Washington, District of Columbia. Total PFC Revenue Approved in This Office, (734) 229–2906. Application Number: 05–05–C–00– Decision: $6,119, 197. Public Agency: City of Des Moines, IAD. Earliest Charge Effective Date: Iowa. Application Type: Impose and use a November 1, 2005. Application Number: 050–09–C–00– PFC. Estimated Charge Expiration Date: DSM. PFC Level: $4.50. February 1, 2007.
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Class of Air Carriers Not Required to FOR FURTHER INFORMATION CONTACT: Acquire snow removal vehicle. collect PFC’S: Nonscheduled/on- Robert Levine, New York Airports Brief Description of Projects Approved demand air carriers filing FAA Form District Office, (516) 227–3807. for Collection: 1800–31. Public Agency: Charlottesville- Terminal building modifications. Determination: Approved. Based on Albemarle Airport Authority, Extend runway 21. information contained in the public Charlottesville, Virginia. Rehabilitate airfield lighting vault agency’s application, the FAA has Application Number: 05–17–C–00– (design). determined that the proposed class CHO accounts for less than 1 percent of the Application Type: Impose and use a Decision Date: August 22, 2005. total annual enplanements at Syracuse- PFC. FOR FURTHER INFORMATION CONTACT: Luis Hancock International Airport. PFC Level: $4.50. Loarte, Washington Airports District Brief Description of Projects Approved Total PFC Revenue Approved in This Office (703) 661–1365. for Collection and Use: Decision: $2,871,360. Public Agency: City of Kearney, Noise mitigation—school sound Earliest Charge Effective Date: Nebraska. insulation. February 1, 2006. Application Number: 05–01–C–00– Runway 15 obstruction removal. Estimated Charge Expiration Date: EAR Perimeter security road. June 1, 2010. Class of Air Carriers Not Required to Application Type: Impose and use a Airport master plan. PFC. Snow removal equipment. Collect PFC’S: All air taxi/commercial Aircraft rescue and firefighting operators filing or requested to file FAA PFC Level: $4.50. vehicle. Form 1800–31. Total PFC Revenue Approved in this Overlay taxiways B and M. Determination: Approved. Based on Decision: $150,000. General aviation area safety information contained in the public Earliest Charge Effective Date: improvement. agency’s application, the FAA has November 1, 2005. Construct snow removal equipment determined that the proposed class Estimated Charge Expiration Date: building. accounts for less than 1 percent of the March 1, 2010. Runway 10/28 overlay. total annual enplanements at Class of Air Carriers Not Required to Runway 33 safety area improvements. Charlottesville-Albermarle Airport. Collect PFC’S: None. Rehabilitate airfield drainage—phase Brief Description of Projects Approved Brief Description of Projects Approved II. for Collection and Use: for Collection and Use: Snow removal equipment. Air carrier terminal building Design and build terminal expansion. Rehabilitate general aviation apron modifications. and taxiways Y and N. Acquire aircraft rescue and Decision Date: August 25, 2005. Prepare PFC application. firefighting equipment. FOR FURTHER INFORMATION CONTACT: Rehabilitate taxiways K, M, and S. T-Hangar taxilane and site Lorna K. Sandridge, Central Region Decision Date: August 22, 2005. preparation. Airports Division, (816) 329–2641.
AMENDMENTS TO PFC APPROVALS
Original ap- Amended ap- Amendment no. Amendment proved net proved net Original esti- Amended esti- city, State approved PFC PFC mated charge mated charge date revenue revenue exp. date exp. date
92–01–l–02–BTR, Baton Rouge, LA...... 1/20/05 $8,982,260 .. $2,065,057 .. 12/01/98 11/01/94 93–02–U–01–BTR, Baton Rouge, LA...... 1/20/05 NA ...... NA ...... 12/01/98 11/01/94 *97–04–C–02–BTR, Baton Rouge, LA...... 1/20/05 19,069,316 .. 37,570,400 .. 8/01/16 10/01/19 00–05–C–01–BTR, Baton Rouge, LA ...... 1/20/05 6,504,390 .... 4,363,572 .... 1/01/22 11/01/21 02–09–C–03–MCO, Orlando, FL...... 4/28/05 225,137,998 163,040,998 11/01/17 4/01/16 01–12–C–01–BDL, Windsor Locks, CT...... 7/19/05 231,947,428 257,534,407 3/01/15 3/01/16 01–03–C–03–LIT, Little Rock, AR...... 7/25/05 18,850,300 .. 20,988,973 .. 10/01/05 5/01/06 01–03–C–03–LYH, Lynchburg, VA...... 7/28/05 705,654 ...... 699,770 ...... 5/01/05 5/01/05 02–02–C–04–BFD, Bradford, PA...... 7/29/05 277,225 ...... 242,438 ...... 7/01/13 7/01/13 03–02–C–01–ACY, Atlantic City, NJ...... 8/01/05 1,573,274 .... 1,362,274 .... 6/01/06 4/01/06 95–02–C–06–BGM, Binghamton, NY...... 08/1/05 1,063,924 .... 1,063,500 .... 1/01/22 9/01/98 99–04–C–05–BGM, Binghamton, NY...... 8/01/05 1,204,917 .... 1,204,917 .... 4/01/02 4/01/02 01–02–C–03–HRL, Harlingen, TX...... 8/01/05 5,456,858 .... 5,436,858 .... 12/01/07 12/01/07 00–01–C–02–FAY, Fayetteville, NC...... 8/08/05 1,026,513 .... 1,233,106 .... 11/01/05 10/01/05 02–02–U–01–FAY, Fayetteville, NC ...... 8/08/05 NA ...... NA ...... 11/01/05 10/01/05 02–02–C–03–BFD, Bradford, PA...... 8/09/05 329,504 ...... 277,225 ...... 7/01/13 7/01/13 03–02–C–02–ACY, Atlantic City, NJ...... 8/16/05 1,362,274 .... 1,363,575 .... 4/01/06 4/01/06 01–01–C–02–MCN, Macon, GA...... 8/23/05 508,897 ...... 1,052,392 .... 10/01/06 5/01/11 03–04–C–01–SGF, Springfield, MO...... 8/23/05 1,847,000 .... 2,168,000 .... 8/01/05 8/01/05 99–04–C–03–ILE, Killeen, TX...... 8/23/05 2,663,726 .... 3,157,543 .... 8/01/05 12/01/05 01–05–C–01–ILE, Killeen, TX...... 8/23/05 30,000 ...... 30,000 ...... 1/01/06 1/01/06 *93–01–C–03–YUM, Yuma, AZ...... 8/26/05 11,285,444 .. 2,390,423 .... 12/01/27 1/01/07
NOTE: The amendments denoted by an asterisk (*) include a change to the PFC level charged from $3.00 per enplaned passenger to $4.50 per enplaned passenger. For Yuma, AZ and Baton Rouge, LA, this change is effective on October 1, 2005.
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Issued in Washington, DC, on December Brief Description of Projects Approved Runway safety area improvements. 20, 2005. for Collection and Use at a $4.50 PFC Terminal interior modifications. Joe Hebert, Level: Concourse gate addition. Manager, Financial Analysis and Passenger Airfield signage. Decision Date: May 2, 2005. Facility Charge Branch. Airfield pavement rehabilitation/ FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–24434 Filed 12–22–05; 8:45 am] extension/relocation. Tommy L. Dupree, Memphis Airports BILLING CODE 4910–13–M Deicing sub-projects. District Office, (901) 322–8185. New aircraft rescue and firefighting Public Agency: Metropolitan Airports facilities. Commission, Minneapolis, Minnesota. DEPARTMENT OF TRANSPORTATION Residential sound insulation program Application Number: 05–08–C–00– (phases III and IV). MSP. Federal Aviation Administration Upgrade runway 10R to category III and Application Type: Impose and use a in-pavement lighting. Notice of Passenger Facility Charge PFC. Midfield terminal upgrades. (PFC) Approvals and Disapprovals PFC Level: $4.50. Aircraft rescue and firefighting Total PFC Revenue Approved in This AGENCY: Federal Aviation equipment. Decision: $191,380,173. Administration (FAA), DOT. Wastewater/contaminated storm water Earliest Charge Effective Date: January treatment facility environmental ACTION: Monthly Notice of PFC 1, 2017. mitigation, phase 1 environmental/ Approvals and Disapprovals. In July Estimated Charge Expiration Date: design. 2005, there were nine applications December 1, 2018. Taxiways B2, C, N, and R pavement approved. This notice also includes Class of Air Carriers Not Required To rehabilitation. information on four applications, one Collect PFC’s: Air taxi/commercial Airfield/terminal security upgrades. approved in January 2005, two operators filing FA Form 1800–31. Improve runways 32 and 29R runway Determination: Approved. Based on approved in May 2005, and one safety areas; and improve runway 14 information contained in the public approved in June 2005, inadvertently runway safety area—environmental/ agency’s application, the FAA has left off the January 2005, May 2005 and design. determined that the approved class June 2005 notices, respectively. accounts for less than 1 percent of the Additionally, 16 approved amendments Brief Description of Projects Approved total annual enplanements at to previously approved applications are for Collection and Use at a $3.00 PFC Minneapolis-St. Paul International listed. Level: Airport. Snow removal equipment storage Brief Description of Projects Approved SUMMARY: The FAA publishes a monthly building, phase 1 environmental/ for Collection and Use at a $3.00 PFC notice, as appropriate, of PFC approvals design. level: and disapprovals under the provisions Regional fire training facility. of the Aviation Safety and Capacity Cargo/hangar/tower service area road Pavement rehabilitation—aprons. Expansion Act of 1990 (Title IX of the and access. Runway 7/35 runway protection zones Omnibus Budget Reconciliation Act of Wetland mitigation. restoration. 1990) (Pub. L. 101–508) and Part 158 of Roadway signage. Brief Description of Project Partially the Federal Aviation Regulations (14 Continuous master planning/Part 150 Approved for Collection and Use at a CFR Part 158). This notice is published study (1997–1999). $3.00 PFC Level: Glycol management pursuant to paragraph d of § 158.29. Snow removal equipment maintenance facility. PFC Applications Approved complex, phase 1. Determination: The office, conference Snow removal equipment. room, and drivers’ room in the glycol Public Agency: Allegheny County Decision Date: January 7, 2005. management facility, the storage Airport Authority, Pittsburgh, FOR FURTHER INFORMATION CONTACT: Lori building for vacuum trucks, and storage Pennsylvania. Ledebohm, Harrisburg Airports District tanks for the processed glycol are not Application Number: 04–04–C–00– Office, (717) 730–2835. PFC eligible. Site preparation, paved PIT. Public Agency: Lexington-Fayette roadways, and vehicle parking Application Type: Impose and use a Urban County Airport Board, Lexington, associated with the above items is also PFC. Kentucky. not PFC eligible. PFC Level: $4.50. Application Agency: Lexington- Brief Description of Projects Approved Total PFC Revenue Approved in This Fayette Urban County Airport Board, for Collection and Use at a $4.50 PFC Decision: $250,136,744. Lexington, Kentucky. Level: Earliest Charge Effective Date: Application Number: 05–06–U–00– Runway 17/35 south and construction. October 1, 2006. LEX. Runway 17/35 land acquisition. Estimated Charge Expiration Date: Application Type: Use PFC revenue. Taxiway M construction. October 1, 2017. PFC Level: $4.50. Environmental mitigation. Class of Air Carriers Not Required To Total PFC Revenue To Be Used in School sound insulation. Collect PFC’s: Non-scheduled, on- This Decision: $45,695,766. Pavement rehabilitation—runway 12R/ demand air carriers filing FAA Form Charge Effective Date: December 1, 30L, segment 2. 1800–31. 2003. Miscellaneous construction. Determination: Approved. Based on Estimated Charge Expiration Date: Navy building relocation. information contained in the public August 1, 2022. Category II system installation—airport agency’s application, the FAA has Class of Air Carriers Not Required To lighting electrical center determined that the approved class Collect PFC’s: No change from previous modifications. accounts for less than 1 percent of the decision. Fire truck. total annual enplanements at Pittsburgh Brief Description of Projects Approved Brief Description of Withdrawn International Airport. for Use: Projects:
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Runway 17/35 communications. Determination: Any costs associated Public Agency: Grater Orlando Taxiway C/D complex. with compensation for lost property Aviation Authority, Orlando, Florida. Runway 30R safety area improvements. value attributable to airport noise is not Application Number: 05–10–C–00– Maintenance building addition. eligible. MCO. Relocate air traffic control tower. Brief Description of Projects Approved Application Type: Impose and use a Determination: These projects were for Collection at a $4.50 PFC Level: PFC. withdrawn by the public agency by Taxiway C improvements west of PFC Level: $3.00. letter dated March 15, 2005. Total PFC Revenue Approved in This Decision Date: May 5, 2005. runway 13/31. Taxiway C phase II—design. Decision: $232,818,000. FOR FURTHER INFORMATION CONTACT: Brief Description of Projects Approved Earliest Charge Effective Date: July 1, Gordon Nelson, Minneapolis Airports for Collection at a $4.50 PFC Level: 2014. District Office, (612) 713–4358. Estimated Charge Expiration Date: Public Agency: City of Springfield, Concourse B terminal. Concourse B—apron. November 1, 2020. Missouri. Class of Air Carriers Not Required To Application Number: 05–05–C–00– Inner terminal taxilanes—design. Inner terminal taxilanes—construction. Collect PFC’s: None. SGF. Brief Description of Projects Approved Application Type: Impose and use a Taxiway B extension. for Collection at Orlando International PFC. International terminal—federal PFC Level: $4.50. inspection station—(terminal 4) Airport (MCO) and Use at MCO: Total PFC Revenue Approved in This design. Runway 18L/18R runway safety area Decision: $900.00. Master plan update (runway improvements. Earliest Charge Effective Date: implementation plan initiative). East airfield nominations. September 1, 2005. Terminal 4. West airfield taxiway improvements. Estimated Charge Expiration Date: Brief Description of Projects Approved Airfield pavement rehabilitation. March 1, 2006. for Collection at a $3.00 PFC Level: Implement sound insulation and Class of Air Carriers Not Required To Pedestrian walkways. property acquisition program. Collect PFC’s: Non-scheduled Part 135 Exit roadways—pre-design. High mast lighting rehabilitation. and air taxi operators. Exit roadways—final design/ Taxiways E and F rehabilitation. Determination: Approved. Based on construction. Airsides 1 and 3 rehabilitation. information contained in the public Fiber optic backbone. Airside terminal 2 expansion. agency’s application, the FAA has Concourse E, F, and H restrooms. Extension of taxiways G1 and H2. determined that the approved class Pedestrian canopies. Airsides 2 and ramp rehabilitation. accounts for less than 1 percent of the Curbside queuing lanes. New large aircraft modifications at west total annual enplanements at Westside road relocation. airfield. Springfield-Branson Regional Airport. Passenger loading bridge utilities Mitigation management/environmental Brief Description of Project Approved infrastructure. costs. for Collection and Use: Acquire land for Communications center equipment. Reimbursement of mitigation midfield terminal. Concourse A pre-design. management/environmental costs. Decision Date: June 29, 2005. Concourse A apron pre-design. Automated people mover pre-design Airport exit road improvements. Roadway rehabilitation. FOR FURTHER INFORMATION CONTACT: planning and programming. Lorna Sandridge, Central Region Cargo road extension. Decision Date: July 5, 2005. Airports Division, (816) 329–2641. Widening of south access road. FOR FURTHER INFORMATION CONTACT: Public Agency: Broward County Enplane/deplane drive expansion joints Miguel Martinez, Orlando Airports Aviation Department, Fort Lauderdale, and lighting rehabilitation. District Office, (407) 812–6331, Florida. Landside terminal emergency electrical Application Number: 05–07–C–00– extension 123. system improvements. Public Agency: Meridian Airport FLL. Security improvements. Application Type: Impose and use a Authority, Meridian, Mississippi. Explosion detection system. PFC. Application Number: 05–07–C–00– Terminal improvement program. PFC Level: $4.50. MEI. Brief Description of Projects Approved Total PFC Revenue Approved in This Application Type: Impose and use a for Collection at MCO and Use at Decision: $270,817,368. PFC. Orlando Executive Airport: Earliest Charge Effective Date: PFC Level: $4.50. Total PFC Revenue Approved in this Runways 25 and 31 holding bays. October 1, 2005. Runways 7/25 rehabilitation. Estimated Charge Expiration Date: Decision: $489,473. Earliest Charge Effective Date: Runway 7, runway protection zone land September 1, 2013. acquisition. Class of Air Carriers Not Required To October 1, 2005. Estimated Charge Expiration Date: West ramp rehabilitation. Collect PFC’s: Air taxi/commercial Drainage improvements—design and operators. April 1, 2008. Class of Air Carriers Not Required to construction. Determination: Approved. Based on Airfield lighting—design and information contained in the public Collect PFC’s: None. Brief Description of Projects Approved construction. agency’s application, the FAA has Navigational aid improvements. determined that the approved class for Collection and Use: Build terminal building. East and west quadrant ramp accounts for less than 1 percent of the improvements. total annual enplanements at Fort Survey and clear runway approaches. Lauderdale—Hollywood International Rehabilitate and improve drainage. Decision Date: July 12, 2005. Airport. Decision Date: July 11, 2005. FOR FURTHER INFORMATION CONTACT: Brief Description of Project Partially FOR FURTHER INFORMATION CONTACT: Vernon P., Rupinta, Orlando Airports Approved for Collection and Use at a David Shumate, Jackson Airports District Office, (407) 812–6331, $4.50 PFC level: Noise mitigation bank. District Office, (601) 664–9882. extension 124.
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Public Agency: City of Cleveland, Application Number: 05–08–C–00– Application Type: Impose and use a Ohio. DSM. PFC. Application Number: 05–10–C–00– Application Type: Impose and use a PFC Level: $4.50. CLE. PFC. Total PFC Revenue Approved in This Application Type: Impose and use a PFC Level: $4.50. Decision: $509,499. PFC. Total PFC Revenue Approved in This Earliest Charge Effective Date: PFC Level: $4.50. Decision: $2,750,000. September 1, 2005. Total PFC Revenue Approved in This Earliest Charge Effective Date: April 1, Estimated Charge Expiration Date: Decision: $53,448,000. 2009. March 1, 2016. Earliest Charge Effective Date: Estimated Charge Expiration Date: Class of Air Carriers Not Required To November 1, 2007. January 1, 2012. Collect PFC’s: Non-scheduled, on- Estimated Charge Expiration Date: Class of Air Carriers Not Required To demand air carriers filing FAA Form October 1, 2010. Collect PFC’s: Part 135 air taxi/ 1800–31. Class of Air Carriers Not Required To commercial operators. Determination: Approved. Based on Collect PFC’s: Air taxi. Determination: Approved. Based on information contained in the public Determination: Approved. Based on information contained in the public agency’s application, the FAA has information contained in the public agency’s application, the FAA has determined that the approved class agency’s application, the FAA has determined that the approved class accounts for less than 1 percent of the determined that the approved class accounts for less than 1 percent of the total annual enplanements at accounts for less than 1 percent of the total annual enplanements at Des Williamson County Regional Airport. total annual enplanements at Cleveland Moines International Airport. Brief Description of Projects Approved Hopkins International Airport. Brief Description of Projects Approved for Collection and Use: Brief Description of Projects Approved for Collection and Use: Master plan update. for Collection and Use: Outbound baggage make-up belts. Construct aircraft rescue and firefighting Runway 6R/24L uncoupling. Full depth replacement of signature station. Runway 28 safety improvements. front aprons. Install airfield signage, electrical vault, Midfield deicing pad. Americans with Disabilities Act terminal apron. Taxiway M improvements. transition project. Land acquisition, parcel 34A. Decision Date: July 14, 2005. Automated access control system field Porous friction course for runway 2/20. equipment upgrade. Land acquisition, parcel 34B. FOR FURTHER INFORMATION CONTACT: Brief Description of Withdrawn Construct snow removal equipment Jason K. Watt, Detroit Airports District Project: Terminal area security building. Office, (734) 229–2906. improvements. Land acquisition, parcel 34C. Public Agency: Flathead Municipal Determination: This project was Install perimeter fence and replace Airport Authority, Kalispell, Montana. withdrawn by the public agency by drainage pipe. Application Number: 05–03–C–00– letter dated April 13, 2005. Update Exhibit A property line map. FCA. Decision Date: July 19, 2005. Land acquisition, parcel 34D. Application Type: Impose and use a Expand terminal apron, overlay general FOR FURTHER INFORMATION CONTACT: PFC. aviation apron. Lorna K. Sanridge, Central Region PFC Level: $4.50. Land Acquisition, parcel 28A. Airports Division, (816) 329–2641. Total PFC Revenue Approved in This Widen terminal apron/porous friction Decision: $833,138. Public Agency: City of Billings course. Earliest Charge Effective Date: July 1, Aviation and Transit Department, Land acquisition. 2016. Billings, Montana. Install automated weather observation Estimated Charge Expiration Date: Application Number: 05–04–C–00– system. November 1, 2017. BIL. Porous friction course runway 11/29, Class of Air Carriers Not Required To Application Type: Impose and use a taxiway B. Collect PFC’s: Nonscheduled/on PFC. Airport layout plan update (phase 1). demand air carriers filing FAA Form PFC Level: $3.00. Land acquisition. 1800–31. Total PFC Revenue Approved in This Construct maintenance building. Determination: Approved. Based on Decision: $3,300,000. Land acquisition, parcel 29. Earliest Charge Effective Date: May 1, information contained in the public Airport layout plan update (phase 2). 2006. agency’s application, the FAA has Snow removal equipment building Estimated Charge Expiration Date: determined that the approved class modification. September 1, 2009. accounts for less than 1 percent of the Runway 2/20 obstruction removal. Class of Air Carriers Not Required To Update environmental assessment for total annual enplanements at Glacier Collect PFC’s: None. runway 2/20. Park International Airport. Brief Description of Project Approved Rehabilitate high intensity runway Brief Description of Projects Approved for Collection and Use: Acquisition of lighting—runway 2/20. for Collection and Use: terminal building passenger loading Runway 2/20 extension, grading and Master plan update. bridges. drainage (phase 1). Runway 02 extension. Decision Date: July 19, 2005. Runway 2/20 extension, relocate Snow removal equipment. FOR FURTHER INFORMATION CONTACT: automate weather observation system. Decision Date: July 15, 2005. David S. Stelling, Helena Airports Security enhancements. FOR FURTHER INFORMATION CONTACT: District Office, (406) 449–5271. Land acquisition, parcel 34E. David Stelling, Helena Airports District Public Agency: Williamson County Decision Date: July 25, 2005. Office, (406) 449–5271. Airport Authority, Marion, Illinois. FOR FURTHER INFORMATION CONTACT: Gary Public Agency: City of Des Moines, Application Number: 05–01–C–00– Wilson, Chicago Airports District Office, Iowa. MWA. (847) 294–7631.
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Public Agency: Yakima Air Terminal total annual enplanements at Yakima Estimated Charge Expiration Date: Board, Yakima, Washington. Air Terminal—McAllister Field. November 1, 2006. Application Number: 05–10–C–00– Brief Description of Project Approved Class of Air Carriers Not Required To YKM. for Collection and Use: Reconstruct Collect PFC’s: Non-scheduled, on- Application Type: Impose and use a taxiway C including new stub taxiway demand air carriers. PFC. and ramp. PFC Level: $3.00. Decision Date: January 7, 2005. Determination: Approved. Based on Total PFC Revenue Approved In This FOR FURTHER INFORMATION CONTACT: information contained in the public Decision: $701,494. Suzanne Lee-Pang, Seattle Airports agency’s application, the FAA has Earliest Charge Effective Date: August District Office, (425) 227–2654. determined that the approved class accounts for less than 1 percent of the 1, 2006. Public Agency: City of San Angelo, total annual enplanements at San Estimated Charge Expiration Date: Texas. January 1, 2010. Application Number: 05–06–C–00– Angelo Regional Airport/Mathis Field. Class of Air Carriers Not Required To SJT. Brief Description of Project Approved Collect PFC’s: Air taxi/commercial Application Type: Impose and use a for Collection and Use: Terminal operator. PFC. concourse addition. Determination: Approved. Based on PFC Level: $4.50. Decision Date: July 28, 2005. information contained in the public Total PFC Revenue Approved in This agency’s application, the FAA has Decision: $200,000. FOR FURTHER INFORMATION CONTACT: determined that the approved class Earliest Charge Effective Date: January Mike Nicely, Southwest Region Airports accounts for less than 1 percent of the 1, 2006. Division, (817) 222–5650.
AMENDMENTS TO PFC APPROVALS
Original ap- Amended ap- Original esti- Amended esti- Amendment No. city, state Amendment proved net proved net mated charge mated charge approved date PFC revenue PFC revenue exp. date exp. date
98–05–C–02–COS, Colorado Springs, CO ...... 12/07/04 $10,353,578 $8,106,238 01/01/01 01/01/01 01–02–C–02–HRL, Harlingen, TX ...... 04/29/05 6,025,961 5,456,858 06/01/07 12/01/07 01–02–C–01–HVN, New Haven, CT ...... 06/21/05 1,963,265 226,181 11/01/07 07/01/05 02–05–C–05–BGM, Binghamton, NY ...... 06/27/05 4,635,407 4,646,145 07/01/05 07/01/05 03–06–C–02–BGM, Binghamton, NY ...... 06/27/05 7,996 7,996 08/01/05 08/01/05 94–01–C–03–BUR, Burbank, CA ...... 07/01/05 33,330,107 33,330,107 10/01/01 10/01/01 96–02–U–02–BUR, Burbank, CA ...... 07/01/05 (1) (1) 10/01/01 10/01/01 97–02–C–02–FCA, Kalispell, MT ...... 07/08/05 8,217,803 9,970,526 06/01/20 07/01/16 99–03–C–02–CLL, College Station, TX ...... 07/11/05 951,400 1,274,069 09/01/02 01/01/07 98–02–C–01–ASE, Aspen, CO ...... 07/12/05 1,020,000 874,117 10/01/00 02/01/00 99–03–C–01–ASE, Aspen, CO ...... 07/12/05 1,354,000 1,380,097 05/01/03 05/01/03 04–07–C–01–BGM, Binghamton, NY ...... 07/12/05 237,624 337,624 10/01/05 12/01/05 93–01–C–03–MFR, Medford, OR ...... 07/12/05 847,592 397,015 11/01/95 01/01/95 98–03–C–02–HDN, Hayden, CO ...... 07/14/05 1,130,176 1,039,754 06/01/02 06/01/02 01–04–C–02–HDN, Hayden, CO ...... 07/18/05 150,833 163,604 11/01/02 11/01/02 96–03–C–02–CLM, Port Angeles, WA ...... 07/19/05 104,798 77,984 08/01/98 01/01/98 1 Not applicable.
Issued in Washington, DC on December 19, Transportation Equity Act: A Legacy for ([email protected]); or Ms. Alla 2005. Users (SAFETEA–LU), the Secretary of Shaw, Office of the Chief Counsel, (202) Joe Hebert, Transportation, acting through the 366–1042; 400 Seventh Street, SW., Manager, Financial Analysis and Passenger Administrator of the Federal Highway Washington, DC 20590. Office hours are Facility Charge Branch. Administration, is establishing a from 7:45 a.m. to 4:15 p.m., e.t., Monday [FR Doc. 05–24438 Filed 12–22–05; 8:45 am] Council to coordinate with and advise through Friday, except Federal holidays. BILLING CODE 4910–13–M the Administrator on infrastructure SUPPLEMENTARY INFORMATION: issues of concern to motorcyclists. The purpose of this notice is to invite Electronic Access DEPARTMENT OF TRANSPORTATION interested parties to submit comments You may submit or retrieve comments on the issues that should be discussed online through the Document Federal Highway Administration by the Motorcyclist Advisory Council to Management System (DMS) at: http:// the Federal Highway Administration, dms.dot.gov/submit. The DMS is [FHWA Docket No. FHWA–2005–23112] and the organizations and participants available 24 hours each day, 365 days Motorcyclist Advisory Council to the to be considered for representation on each year. Electronic submission and Federal Highway Administration the council. retrieval help and guidelines are available under the help section of the DATES: Comments and/or applications AGENCY: Federal Highway Web site. for membership or nominations for Administration (FHWA), DOT. An electronic copy of this document membership on the Council must be may be downloaded from the Federal ACTION: Notice of intent to form an received on or before January 23, 2006. advisory committee. Register’s home page at: http:// FOR FURTHER INFORMATION CONTACT: Mr. www.archives.gov and the Government SUMMARY: Pursuant to the Safe, John Baxter, Director, Office of Safety Printing Office’s database at: http:// Accountable, Flexible, Efficient Design, 202–366–9198 www.access.gpo.gov/nara.
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Anyone is able to search the (MAC–FHWA), coordinates and advises to membership on the Council can make electronic form of all comments the Secretary of the Department of valuable contributions to the work of received into any of our dockets by the Transportation, acting through the the MAC–FHWA in any of several ways. name of the individual submitting the Administrator of the Federal Highway For example, the person or organization comment (or signing the comment, if Administration, on infrastructure issues could request to be placed on the submitted on behalf of an association, of concern to motorcyclists, including: council mailing list, submitting written business, labor union, etc.). You may (1) Barrier design; comments, as appropriate. review DOT’s complete Privacy Act (2) Road design, construction, and Any member of the public is welcome Statement in a Federal Register maintenance practices; and to attend the Council meetings, and, as published on April 11, 2000 (70 FR (3) The architecture and provided in FACA, speak to the council. 19477), or you may visit http:// implementation of intelligent Time will be set aside during each dms.dot.gov. transportation system technologies. meeting for this purpose, consistent Please note that even after the The MAC–FHWA does not exercise with the council’s need for sufficient comment closing date, we will continue program management or regulatory time to complete its deliberations. development responsibilities, and to file relevant information in the E. Applications for Membership Docket as it becomes available. Further, makes no decisions directly affecting some people may submit late comments the programs on which it provides Each application for membership or and we recommend that you advice. The MAC–FHWA provides a nomination to the Council should periodically check the Docket for new forum for the development, include: material. consideration, and communication of (1) The name of the applicant or information from a knowledgeable and nominee and the interest(s) identified in Background independent perspective. section 1914 of SAFETEA–LU such On August 10, 2005, the President person would represent; D. Balanced Membership Plans signed into law the Safe, Accountable, (2) Evidence that the applicant or Flexible, Efficient Transportation Equity According to section 1914 of nominee is authorized to represent Act: A Legacy for Users (SAFETEA–LU) SAFETEA–LU, the Council shall consist parties related to the interest(s) the (Pub. L. 109–59, 119 Stat. 1144). Section of not more than 10 members of the person proposes to represent; and (3) A written commitment that the 1914 of SAFETEA–LU mandates the motorcycling community with applicant or nominee would participate establishment of a Motorcyclist professional expertise in national in good faith. Advisory Council. motorcyclist safety advocacy, including: (1) At least: Every effort is made to select Council The Secretary, acting through the (A) One member recommended by a members who are objective. A balance Administrator of the Federal Highway is needed and weight is given to a Administration, in consultation with the national motorcyclist association; (B) One member recommended by a variety of factors including but not Committee on Transportation and limited to geographical distribution, Infrastructure of the House of Representatives national motorcycle riders foundation; and the Committee on Environment and (C) One representative of the National gender, minority status, organization, Public Works of the Senate, shall appoint a Association of State Motorcycle Safety and expertise. Motorcyclist Advisory Council to coordinate Administrators; F. Duration with and advise the Administrator on (D) Two members of State infrastructure issues of concern to motorcyclists’ organizations; Continuing. motorcyclists. (E) One member recommended by a G. Notice of Establishment national organization that represents the After evaluating comments received A. Notice of Intent To Establish an builders of highway infrastructure; as a result of this Notice, the Advisory Committee and Request for (F) One member recommended by a Department will issue a notice Comment national association that represents the announcing the establishment and In accordance with the requirements traffic safety systems industry; and composition of the Council. of the Federal Advisory Committee Act (G) One member of a national safety (5 U.S.C. App. II), an agency of the organization; and (Authority: Section 1914 of Pub. L. 109–59) Federal government cannot establish or (2) At least one, and not more than utilize a group of people in the interest two, motorcyclists who are traffic Issued on: December 16, 2005. of obtaining consensus advice or system design engineers or State J. Richard Capka, recommendations unless that group is transportation department officials. Acting Federal Highway Administrator. chartered as a Federal advisory This document gives notice of this [FR Doc. E5–7795 Filed 12–22–05; 8:45 am] committee. The purpose of this notice is process to potential participants and BILLING CODE 4910–22–P to indicate the FHWA’s intent to create affords them the opportunity to request a Federal advisory committee, to representation on the MAC–FHWA. The identify highway infrastructure issues of procedure for requesting such DEPARTMENT OF TRANSPORTATION concern to motorcyclists and to identify representation is set out below. In potential organizations and participants addition, we invite comments and Federal Highway Administration who will adequately represent interests suggestions for potential participants. regarding these infrastructure issues. The FHWA is aware that there are Notice of Intent To Prepare an many more potential organizations and Environmental Impact Statement: B. Name of Committee participants than there are membership Milwaukee, Racine and Kenosha Motorcyclist Advisory Council to the slots on the council. Organizations and Counties, WI, and Lake County, IL Federal Highway Administration. participants should be prepared to AGENCY: Federal Highway support their participation on the Administration (FHWA), DOT. C. Purpose and Objective council. ACTION: Notice of intent to prepare an Motorcyclist Advisory Council to the It is very important to recognize that Environmental Impact Statement. Federal Highway Administration interested parties who are not selected
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SUMMARY: The FHWA is issuing this The proposed I–94 North-South SUMMARY: The Board has approved the notice to advise the public that an Corridor project is intended to make first quarter 2006 rail cost adjustment Environmental Impact Statement (EIS) necessary safety improvements and to factor (RCAF) and cost index filed by will be prepared for a proposed roadway accommodate projected future traffic the Association of American Railroads. corridor project in Milwaukee, Racine volumes. Alternatives to be considered The first quarter 2006 RCAF and Kenosha Counties, Wisconsin include: (1) No build; (2) limited safety (Unadjusted) is 1.177. The first quarter extending into Lake County, Illinois by improvements; (3) full design and safety 2006 RCAF (Adjusted) is 0.564. The first the Wisconsin Department of improvements; and (4) full design, quarter 2006 RCAF–5 is 0.541. Transportation (WisDOT) in safety improvements and capacity EFFECTIVE DATE: January 1, 2006. Conformance with 40 CFR part 1500 expansion. FOR FURTHER INFORMATION CONTACT: Mac and the FHWA regulations. Public involvement will be solicited Frampton, (202) 565–1541. [Federal throughout this process including FOR FURTHER INFORMATION CONTACT: Information Relay Service (FIRS) for the involvement from minority and low- David Scott, FHWA, 567 D’Onofrio hearing impaired: 1–800–877–8339.] income populations in the corridor to Drive, Suite 100, Madison, WI 53719– SUPPLEMENTARY INFORMATION: ensure that the construction of the 2844; Telephone: (608) 829–7522. Additional information is contained in corridor does not create the Board’s decision, which is available SUPPLEMENTARY INFORMATION: The disproportionately high and adverse on our Web site http://www.stb.dot.gov. Federal Highway Administration environmental and health impacts to To purchase a copy of the full decision, (FHWH), in cooperation with the these communities. Several public write to, e-mail or call the Board’s Wisconsin Department of workshops are scheduled in January contractor, ASAP Document Solutions; Transportation (WisDOT), will prepare 2006, and the first of a series of public 9332 Annapolis Rd., Suite 103, Lanham, an Environmental Impact Statement information meetings in May 2006. MD 20706; e-mail [email protected]; (EIS) on a proposal to improve the I–94 WisDOT and FHWA will coordinate phone (202) 306–4004. [Assistance for corridor in Milwaukee, Racine and with appropriate state and federal the hearing impaired is available Kenosha Counties, WI, and Lake contacts during the study. Public notice through FIRS: 1–800–877–8339.] County, IL; approximately 34 miles in will be given as to the time and place This action will not significantly length. This freeway corridor has of all workshops and public information affect either the quality of the human emerging pavement needs, safety issues meetings. In addition, a public hearing environment or energy conservation. and design deficiencies. The proposed will be held after the draft EIS has been Pursuant to 5 U.S.C. 605(b), we project may require full reconstruction prepared. To ensure that the full range conclude that our action will not have and redesign of I–94 as well as potential of issues related to this proposed action a significant economic impact on a new interchanges within the project are addressed and all significant issues substantial number of small entities limits of Howard Avenue on the north, identified, comments and suggestions within the meaning of the Regulatory 35th street on the west (I–894) and are invited from all interested parties. Flexibility Act. south to the I–94/USH 41 interchange in Comments and questions concerning the Lake County, IL. The study will also proposed action and the EIS should be Decided: December 19, 2005. include the Mitchell Airport Spur/STH directed to the FHWA at the address By the Board, Chairman Nober, Vice 119 from I–94 to STH 38 (Howell provided above. Chairman Buttrey, and Commissioner Mulvey. Avenue) on the east. The Environmental (Catalog of Federal Domestic Assistance Vernon A. Williams, Impact Statement (EIS) will evaluate the Program Number 20.205, Highway Planning Secretary. I–94 freeway mainline for the entire and Construction. The regulations corridor as well as the Mitchell implementing Executive Order 12372 [FR Doc. E5–7770 Filed 12–22–05; 8:45 am] Interchange (I–94 and I–894) and service regarding intergovernmental consultation on BILLING CODE 4915–01–P interchanges in Milwaukee County. Federal programs and activities apply to this Those interchanges include Howard program.) Avenue, 27th Street (interchange with I– Authority: 23 U.S.C. 315; 49 CFR 1.48. DEPARTMENT OF TRANSPORTATION 894), Layton Avenue/CTH Y, Mitchell Issued on: December 15, 2005. Surface Transportation Board Airport Spur/STH 119, College Avenue/ Tracey McKenney, CTH ZZ, Rawson Avenue/CTH BB, and [STB Finance Docket No. 34800] Ryan Road/STH 100 Interchanges. Program Operations Engineer, Federal Highway Administration, Madison, Indiana & Ohio Railway Company— The service interchanges with I–94 in Wisconsin. Trackage Rights Exemption—Fulton Racine and Kenosha Counties were [FR Doc. 05–24342 Filed 12–12–05; 8:45 am] Railway Co., Ltd. previously evaluated in a 1996 BILLING CODE 4910–22–M Environmental Assessment (EA); FHWA Fulton Railroad Co., Ltd. (Fulton) has approve the EA with a Finding of No agreed to grant local and overhead Significant Impact (FONSI) on DEPARTMENT OF TRANSPORTATION trackage rights to Indiana & Ohio December 18, 1996. Those interchanges Railway Company (IORY), a Class III rail are: STH 165, CTH C, STH 50, STH 158, Surface Transportation Board carrier, over Fulton’s line of railroad STH 142, and CTH E in Kenosha from milepost 0.0 and continuing for County; CTH KR at the Kenosha-Racine [STB Ex Parte No. 290 (Sub-No. 5) (2006– 4,800 feet to the end of the track in the County line; and STH 11, STH 20, CTH 1)] city of Cincinnati, Millcreek Township, K, CTH G, 7 Mile Road, and 27th Street/ Hamilton County, OH, a distance of STH 241 in Racine County. The 1996 Quarterly Rail Cost Adjustment Factor 4,800 feet. EA/FONSI will be reevaluated, in a AGENCY: Surface Transportation Board, The transaction was scheduled to be separate document from the EIS, to DOT. consummated on or shortly after reflect any changes that have occurred December 14, 2005. The purpose of the ACTION: Approval of rail cost adjustment at those interchanges since it was trackage rights is to enable IORY to factor. written. enhance service.
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Under 49 U.S.C. 10502(g), the Board By the Board, David M. Konschnik, The CCAC was established to: may not use its exemption authority to Director, Office of Proceedings. • Advise the Secretary of the relieve a rail carrier of its statutory Vernon A. Williams, Treasury on any theme or design obligation to protect the interests of its Secretary. proposals relating to circulating coinage, employees. Section 11326(c), however, [FR Doc. 05–24380 Filed 12–22–05; 8:45 am] bullion coinage, Congressional Gold does not provide for labor protection for BILLING CODE 4915–01–P Medals, and national and other medals. transactions under sections 11324 and • Advise the Secretary of the 11325 that involve only Class III rail Treasury with regard to the events, carriers. Accordingly, the Board may not DEPARTMENT OF THE TREASURY persons, or places to be commemorated impose labor protective conditions here by the issuance of commemorative coins United States Mint because all of the carriers involved are in each of the five calendar years succeeding the year in which a Class III carriers. Notification of Citizens Coinage commemorative coin designation is This notice is filed under 49 CFR Advisory Committee January 2006 made. 1180.2(d)(7). If it contains false or Public Meeting • Make recommendations with misleading information, the exemption Summary: Pursuant to United States respect to the mintage level for any is void ab initio. Petitions to revoke the Code, Title 31, section 5135(b)(8)(c), the commemorative coin recommended. exemption under 49 U.S.C. 10502(d) United States Mint announces the may be filed at any time. The filing of FOR FURTHER INFORMATION CONTACT: Citizens Coinage Advisory Committee Brendan Adams, United States Mint a petition to revoke will not (CCAC) public meeting and Public Liaison to the CCAC; 801 Ninth Street, automatically stay the transaction. Forum scheduled for January 24, 2006. NW., Washington, DC 20220; or call Date: January 24, 2006. An original and 10 copies of all 202–354–7200. pleadings, referring to STB Finance Time: 9:30 a.m. to 2: 30 p.m. Location: The United States Mint; 801 Any member of the public interested Docket No. 34800, must be filed with Ninth Street, NW.; Washington, DC; in submitting matters for the CCAC’s the Surface Transportation Board, 1925 Second floor. consideration or addressing the CCAC at K Street, NW., Washington, DC 20423– Subject: Review of the designs for the the Public Forum is invited to submit 0001. In addition, a copy of each 2007 commemorative quarter-dollar request and/or materials by fax to the pleading must be served on Louis E. coins in the United States Mint’s 50 following number: 202–756–6830. Gitomer Esq., Ball Janik LLP, 1455 F State Quarters Program and for the Authority: 31 U.S.C. 5135(b)(8)(C). Street, NW., Suite 225, Washington, DC Jamestown 400th Anniversary Dated: December 5, 2005. 20005. Commemorative Coin Program; and David A. Lebryk, Decided: December 16, 2005. other business. Interested persons should call 202– Acting Director, United States Mint. 354–7502 for the latest update on [FR Doc. 05–24411 Filed 12–22–05; 8:45am] meeting time and room location. BILLING CODE 4810–37–M
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Corrections Federal Register Vol. 70, No. 246
Friday, December 23, 2005
This section of the FEDERAL REGISTER Monday, December 19, 2005, in the 3 Category 622-N: only HTS numbers contains editorial corrections of previously 7019.52.40.21, 7019.52.90.21, 7019.59.40.21, second column, the table is corrected to 7019.59.90.21. published Presidential, Rule, Proposed Rule, read as follows: and Notice documents. These corrections are [FR Doc. C5–24176 Filed 12–22–05; 8:45 am] prepared by the Office of the Federal Category Twelve-month restraint BILLING CODE 1505–01–D Register. Agency prepared corrections are limit 1 issued as signed documents and appear in the appropriate document categories 448 ...... 39,265 dozen. elsewhere in the issue. 622 ...... 11,349,484 square meters of which not more than 1,870,794 COMMITTEE FOR THE square meters shall be in Category 622- IMPLEMENTATION OF TEXTILE 2 AGREEMENTS L and not more than 699,661 square Adjustment of Import Limits for Certain meters shall be in Category 622-N 3. Wool and Man-Made Fiber Textile Products Produced or Manufactured in 1 The limits have not been adjusted to ac- Belarus count for any imports exported after December 31, 2004. Correction 2 Category 622-L: only HTS numbers 7019.51.9010, 7019.52.4010, 7019.52.9010, In notice document 05–24176 7019.59.4010, and 7019.59.9010. appearing on page 75155 in the issue of
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Part II
Environmental Protection Agency Fifty-Seventh Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of Report and Request for Comments; Notice
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ENVIRONMENTAL PROTECTION I. General Information located at http://www.regulations.gov/. AGENCY Follow the on-line instructions. A. Does this Action Apply to Me? An electronic version of the public This notice is directed to the public [EPA–HQ–OPPT–2005–0062; FRL–7751–8] docket is available through EPA’s in general. It may, however, be of electronic public docket and comment Fifty-Seventh Report of the TSCA particular interest to you if you system, EPA Dockets. You may use EPA Interagency Testing Committee to the manufacture (defined by statute to Dockets at http://www.epa.gov/edocket/ Administrator of the Environmental include import) and/or process TSCA- to submit or view public comments, Protection Agency; Receipt of Report covered chemicals and you may be access the index listing of the contents and Request for Comments identified by the North American of the official public docket, and to Industrial Classification System access those documents in the public AGENCY: Environmental Protection (NAICS) codes 325 and 32411. Because docket that are available electronically. Agency (EPA). this notice is directed to the general Although not all docket materials may ACTION: Notice. public and other entities may also be be available electronically, you may still interested, the Agency has not access any of the publicly available SUMMARY: The Toxic Substances Control attempted to describe all the specific docket materials through the docket Act (TSCA) Interagency Testing entities that may be interested in this facility identified in Unit I.B.1. Once in Committee (ITC) transmitted its Fifty- action. If you have any questions the system, select ‘‘search,’’ then key in Seventh Report to the Administrator of regarding the applicability of this action the appropriate docket ID number. EPA on November 22, 2005. In the 57th to a particular entity, consult the person Certain types of information will not ITC Report, which is included with this listed under FOR FURTHER INFORMATION be placed in the EPA Dockets. notice, there are no changes to the TSCA CONTACT. Information claimed as CBI and other information whose disclosure is section 4(e) Priority Testing List B. How Can I Get Copies of this th restricted by statute, which is not published in the 56 ITC Report in the Document and Other Related included in the official public docket, Federal Register of October 24, 2005. As Information? stated in the 56th ITC Report, it was the will not be available for public viewing 1. Docket. EPA has established an ITC’s intention to provide in this 57th in EPA’s electronic public docket. EPA’s official public docket for this action ITC Report a data-availability study of policy is that copyrighted material will under docket ID number EPA–HQ– the high production volume (HPV) not be placed in EPA’s electronic public OPPT–2005–0062. The official public chemicals in the 2002 Inventory Update docket but will be available only in docket consists of the documents Rule (IUR). The study of the HPV printed, paper form in the official public specifically referenced in this action, chemicals in the 2002 IUR may be made docket. To the extent feasible, publicly any public comments received, and available after the ITC has had an available docket materials will be made other information related to this action. opportunity to review comments available in EPA’s electronic public Although a part of the official docket, received on the study of the HPV docket. When a document is selected the public docket does not include chemicals described in the 56th ITC from the index list in EPA Dockets, the Confidential Business Information (CBI) system will identify whether the Report. In addition, the ITC needs or other information whose disclosure is additional time to review information document is available for viewing in restricted by statute. The official public EPA’s electronic public docket. submitted from the International docket is the collection of materials that Tungsten Industry Association, the Although not all docket materials may is available for public viewing at the be available electronically, you may still Indium Corporation of America, and the EPA Docket Center, Rm. B102–Reading access any of the publicly available Vanadium Producers and Reclaimers Room, EPA West, 1301 Constitution docket materials through the docket Association, as well as data on tungsten, Ave., NW., Washington, DC. The EPA facility identified in Unit I.B.1. EPA indium, and vanadium compounds Docket Center is open from 8:30 a.m. to intends to work towards providing submitted in response to TSCA section 4:30 p.m., Monday through Friday, electronic access to all of the publicly 8(a) Preliminary Assessment excluding legal holidays. The EPA available docket materials through Information Reporting (PAIR) rules. Docket Center Reading Room telephone EPA’s electronic public docket. DATES: Comments must be received on number is (202) 566–1744, and the For public commenters, it is or before January 23, 2006. telephone number for the OPPT Docket, important to note that EPA’s policy is ADDRESSES: Comments, identified by which is located in EPA Docket Center, that public comments, whether docket identification (ID) number EPA– is (202) 566–0280. submitted electronically or in paper, HQ–OPPT–2005–0062, may be 2. Electronic access. You may access will be made available for public submitted electronically, by mail, or this Federal Register document viewing in EPA’s electronic public through hand delivery/courier. Follow electronically through the EPA Internet docket as EPA receives them and the detailed instructions as provided in under the ‘‘Federal Register’’ listings at without change, unless the comment Unit I. of the SUPPLEMENTARY http://www.epa.gov/fedrgstr/. You may contains copyrighted material, CBI, or INFORMATION. also access additional information about other information whose disclosure is the ITC at http://www.epa.gov/opptintr/ restricted by statute. When EPA FOR FURTHER INFORMATION CONTACT: itc/ or through the web site for the identifies a comment containing Colby Lintner, Regulatory Coordinator, Office of Prevention, Pesticides and copyrighted material, EPA will provide Environmental Assistance Division Toxic Substances (OPPTS) at http:// a reference to that material in the (7408M), Office of Pollution Prevention www.epa.gov/opptsfrs/home/ version of the comment that is placed in and Toxics, Environmental Protection opptsim.htm/. EPA’s electronic public docket. The Agency, 1200 Pennsylvania Ave., NW., EDOCKET, EPA’s electronic public entire printed comment, including the Washington, DC 20460–0001; telephone docket and comment system was copyrighted material, will be available number: (202) 554–1404; e-mail address: replaced on November 25, 2005, by an in the public docket. [email protected]. enhanced federal-wide electronic docket Public comments submitted on SUPPLEMENTARY INFORMATION: management and comment system computer disks that are mailed or
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delivered to the docket will be 2005–0062. The system is an information claimed as CBI must be transferred to EPA’s electronic public ‘‘anonymous access’’ system, which submitted for inclusion in the public docket. Public comments that are means EPA will not know your identity, docket and EPA’s electronic public mailed or delivered to the docket will be e-mail address, or other contact docket. If you submit the copy that does scanned and placed in EPA’s electronic information unless you provide it in the not contain CBI on disk or CD ROM, public docket. Where practical, physical body of your comment. mark the outside of the disk or CD ROM objects will be photographed, and the ii. E-mail. Comments may be sent by clearly that it does not contain CBI. photograph will be placed in EPA’s e-mail to [email protected], Attention: Information not marked as CBI will be electronic public docket along with a Docket ID Number EPA–HQ–OPPT– included in the public docket and EPA’s brief description written by the docket 2005–0062. In contrast to EPA’s electronic public docket without prior staff. electronic public docket, EPA’s e-mail notice. If you have any questions about system is not an ‘‘anonymous access’’ CBI or the procedures for claiming CBI, C. How and to Whom Do I Submit system. If you send an e-mail comment Comments? please consult the person listed under directly to the docket without going FOR FURTHER INFORMATION CONTACT. You may submit comments through EPA’s electronic public docket, electronically, by mail, or through hand EPA’s e-mail system automatically E. What Should I Consider as I Prepare delivery/courier. To ensure proper captures your e-mail address. E-mail My Comments for EPA? receipt by EPA, identify the appropriate addresses that are automatically We invite you to provide your views docket ID number in the subject line on captured by EPA’s e-mail system are and comments on the 57th ITC Report. the first page of your comment. Please included as part of the comment that is You may find the following suggestions ensure that your comments are placed in the official public docket, and helpful for preparing your comments: submitted within the specified comment made available in EPA’s electronic 1. Explain your views as clearly as period. Comments received after the public docket. possible. close of the comment period will be iii. Disk or CD ROM. You may submit 2. Describe any assumptions that you marked ‘‘late.’’ EPA is not required to comments on a disk or CD ROM that used. consider these late comments. If you you mail to the mailing address 3. Provide copies of any technical wish to submit CBI or information that identified in Unit I.C.2. These electronic information and/or data you used that is otherwise protected by statute, please submissions will be accepted in support your views. follow the instructions in Unit I.D. Do WordPerfect or ASCII file format. Avoid 4. Provide specific examples to not use EPA Dockets or e-mail to submit the use of special characters and any illustrate your concerns. CBI or information protected by statute. form of encryption. 5. Make sure to submit your 1. Electronically. If you submit an 2. By mail. Send your comments to: comments by the deadline in this electronic comment as prescribed in this Document Control Office (7407M), notice. unit, EPA recommends that you include Office of Pollution Prevention and 6. To ensure proper receipt by EPA, your name, mailing address, and an e- Toxics (OPPT), Environmental be sure to identify the docket ID number mail address or other contact Protection Agency, 1200 Pennsylvania assigned to this action in the subject information in the body of your Ave., NW., Washington, DC 20460– line on the first page of your response. comment. Also include this contact 0001. You may also provide the name, date, information on the outside of any disk 3. By hand delivery or courier. Deliver and Federal Register citation. or CD ROM you submit, and in any your comments to: OPPT Document II. Background cover letter accompanying the disk or Control Office (DCO), EPA East Bldg., CD ROM. This ensures that you can be Rm. 6428, 1201 Constitution Ave., NW., TSCA (15 U.S.C. 260l et seq.) identified as the submitter of the Washington, DC. Attention: Docket ID authorizes the Administrator of EPA to comment and allows EPA to contact you Number EPA–HQ–OPPT–2005–0062. promulgate regulations under TSCA in case EPA cannot read your comment The DCO is open from 8 a.m. to 4 p.m., section 4(a) requiring testing of due to technical difficulties or needs Monday through Friday, excluding legal chemicals and chemical groups in order further information on the substance of holidays. The telephone number for the to develop data relevant to determining your comment. EPA’s policy is that EPA DCO is (202) 564–8930. the risks that such chemicals and will not edit your comment, and any chemical groups may present to health identifying or contact information D. How Should I Submit CBI to the or the environment. Section 4(e) of provided in the body of a comment will Agency? TSCA established the ITC to be included as part of the comment that Do not submit information that you recommend chemicals and chemical is placed in the official public docket, consider to be CBI electronically groups to the Administrator of EPA for and made available in EPA’s electronic through EPA’s electronic public docket priority testing consideration. Section public docket. If EPA cannot read your or by e-mail. You may claim 4(e) of TSCA directs the ITC to revise comment due to technical difficulties information that you submit to EPA as the TSCA section 4(e) Priority Testing and cannot contact you for clarification, CBI by marking any part or all of that List at least every 6 months.
EPA may not be able to consider your information as CBI (if you submit CBI th comment. on disk or CD ROM, mark the outside A. The ITC’s 57 Report i. EPA Dockets. Your use of EPA’s of the disk or CD ROM as CBI and then In this 57th ITC Report to the electronic public docket to submit identify electronically within the disk or Administrator of EPA, there are no comments to EPA electronically is CD ROM the specific information that is changes to the TSCA section 4(e) EPA’s preferred method for receiving CBI). Information so marked will not be Priority Testing List published in the comments. Go directly to EPA Dockets disclosed except in accordance with 56th ITC Report in the Federal Register at http://www.epa.gov/edocket/, and procedures set forth in 40 CFR part 2. of October 24, 2005 (70 FR 61520) (FRL– follow the online instructions for In addition to one complete version of 7739–9) (http://www.epa.gov/fedrgstr/ submitting comments. Once in the the comment that includes any EPA-TOX/2005/October/Day-24/ system, select ‘‘search,’’ and then key in information claimed as CBI, a copy of t21197.htm). As stated in the 56th ITC docket ID number EPA–HQ–OPPT– the comment that does not contain the Report, it was the ITC’s intention to
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provide in this 57th ITC Report a data- List of Subjects intention to provide in this 57th ITC availability study of HPV chemicals in Environmental protection, Chemicals, Report a data-availability study of the the 2002 IUR. The study of the HPV Hazardous substances. high production volume (HPV) chemicals in the 2002 IUR may be made chemicals in the 2002 Inventory Update available after the ITC has had an Dated: December 16, 2005. Rule (IUR). The study of the HPV opportunity to review comments Wendy C. Hamnett, chemicals in the 2002 IUR may be made received on the study of the HPV Acting Director, Office of Pollution Prevention available after the ITC has had an chemicals described in the 56th ITC and Toxics. opportunity to review comments Report. In addition, the ITC needs Fifty-Seventh Report of the TSCA received on the study of the HPV th additional time to review information Interagency Testing Committee to the chemicals described in the 56 ITC submitted from the International Administrator, U.S. Environmental Report. In addition, the ITC needs Tungsten Industry Association, the Protection Agency additional time to review information Indium Corporation of America, and the submitted from the International In this 57th Interagency Testing Vanadium Producers and Reclaimers Tungsten Industry Association, the Committee (ITC) Report to the Association, as well as data on tungsten, Indium Corporation of America, and the Administrator of EPA, there are no Vanadium Producers and Reclaimers indium, and vanadium compounds changes to the Toxic Substances Control submitted in response to TSCA section Association, as well as data on tungsten, Act (TSCA) section 4(e) Priority Testing indium, and vanadium compounds 8(a) PAIR rules. th List published in the 56 ITC Report in submitted in response to TSCA section B. Status of the Priority Testing List the Federal Register of October 24, 2005 8(a) Preliminary Assessment (70 FR 61520) (FRL–7739–9) (http:// Information Reporting (PAIR) rules. There are no changes to the TSCA www.epa.gov/fedrgstr/EPA-TOX/2005/ section 4(e) Priority Testing List October/Day-24/t21197.htm). As stated [FR Doc. 05–24410 Filed 12–22–05; 8:45 am] published in the 56th ITC Report. in the 56th ITC Report, it was the ITC’s BILLING CODE 6560–50–S
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Part III
Department of Housing and Urban Development 24 CFR Part 570 Prohibition on Use of Community Development Block Grant Assistance for Job-Pirating Activities; Interim Rule
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DEPARTMENT OF HOUSING AND and 5 p.m. weekdays at the above Section 105 of the 1974 HCD Act (42 URBAN DEVELOPMENT address. Due to security measures at the U.S.C. 5305) was amended by section HUD Headquarters building, please 588 of the Quality Housing and Work 24 CFR Part 570 schedule an appointment to review the Responsibility Act of 1998 (QHWRA) [Docket No. FR–4556–I–02; HUD–2005– public comments by calling the (Title V of the Fiscal Year 1999 HUD 0076] Regulations Division at (202) 708–3055 Appropriations Act, Public Law 105– (this is not a toll-free number). Copies 276, approved October 21, 1998). RIN 2506–AC04 are also available for inspection and Specifically, section 105 was amended to add a subsection (h) entitled Prohibition on Use of Community downloading at http://www.epa.gov/ ‘‘Prohibition on Use of Assistance for Development Block Grant Assistance feddocket. Employment Relocation Activities.’’ for Job-Pirating Activities FOR FURTHER INFORMATION CONTACT: This subsection prohibits the use of Richard Kennedy, Office of Block Grant CDBG funds to facilitate the relocation AGENCY: Office of the Assistant Assistance, Department of Housing and of for-profit businesses from one labor Secretary for Community Planning and Urban Development, 451 Seventh Street, market area to another if the relocation Development, HUD. SW., Room 7286, Washington, DC is likely to result in a significant job ACTION: Interim rule. 20410–7000, telephone (202) 708–3587 loss. (this is not a toll-free number). SUMMARY: The interim rule implements Subsection 105(h) provides as In addition, program participants may certain statutory changes by revising follows: contact their respective program offices HUD’s regulations for the Community by calling the applicable telephone (h) Prohibition on Use of Assistance for Development Block Grant (CDBG) number listed below (these telephone Employment Relocation Activities.— program. Specifically, this interim rule Notwithstanding any other provision of law, numbers are not toll-free). prohibits state and local governments no amount from a grant under section 106 For State CDBG, HUD-administered made in fiscal year 1999 or any succeeding from using CDBG funds for ‘‘job Small Cities, and Insular recipients: pirating’’ activities that are likely to fiscal year may be used to assist directly in Michael Sowell, Community Planning the relocation of any industrial or result in significant job loss. The rule and Development Specialist, State and commercial plant, facility, or operation, from also applies to section 108 loan Small Cities Division, (202) 708–1322. [one] area to another area, if the relocation is guarantees, and the use of Brownfields For Entitlement Communities: Stan likely to result in a significant loss of Economic Development Initiative and Gimont, Director, Entitlement employment in the labor market area from which the relocation occurs. Economic Development Initiative funds Communities Division, (202) 708–1577. with section 108 loan guarantees and For Section 108 program participants: II. The October 24, 2000, Proposed Rule CDBG funding. This rule follows Paul Webster, Director, Financial On October 24, 2000 (65 FR 63756), publication of an October 24, 2000, Management Division, (202) 708–1871. proposed rule and takes into HUD published a proposed rule to For Economic Development Initiative implement section 588 of QHWRA. The consideration the public comments (EDI) and Brownfields Economic received on the proposed rule. The October 24, 2000, proposed rule Development Initiative (BEDI) program proposed to prohibit state and local interim rule also provides the public participants: William Seedyke, EDI and with an additional opportunity to governments from using CDBG funds for BEDI Program Coordinator, Grants job pirating activities. Job pirating was comment on the regulatory job pirating Management Division, (202) 708–3484. provisions. defined as the act of one community Hearing- or speech-impaired luring a business, and the jobs that DATES: Effective Date: February 21, individuals may access any of the would accompany it, from another 2006. telephone numbers listed in this section community that could have significant Comment Due Date: February 21, by calling the Federal Information Relay impact on the economic viability of the 2006. Service toll-free at (800) 877–8339. latter community. ADDRESSES: Interested persons are SUPPLEMENTARY INFORMATION: The statute sought to ensure that invited to submit comments regarding CDBG funds would not be used to the I. Statutory Background this rule to the Regulations Division, detriment of one community for the Office of General Counsel, Department Title I of the Housing and Community prosperity of another. However, the of Housing and Urban Development, Development Act of 1974 (42 U.S.C. statute did not define clearly what was 451 Seventh Street, SW., Room 10276, 5301–5320) (1974 HCD Act) establishes meant by significant job loss, or what Washington, DC 20410–0500. Interested the statutory framework for the was considered a labor market area for persons may also submit comments Community Development Block Grant entitlement and non-entitlement areas. electronically through either: (CDBG) Program. HUD’s regulations HUD received 32 public comments on • The Federal eRulemaking Portal at implementing the CDBG program are the October 24, 2000, proposed rule. http://www.regulations.gov; or located at 24 CFR part 570 (entitled Several commenters expressed a • The HUD electronic Web site at ‘‘Community Development Block concern with respect to the issue of how http://www.epa.gov/feddocket. Follow Grants’’). As used in this rule, the term the statute would be implemented the link entitled ‘‘View Open HUD ‘‘CDBG funding’’ or reference to CDBG particularly in non-entitlement areas. Dockets.’’ Commenters should follow programs means, in addition to the The objections raised regarding the non- the instructions provided on that site to Entitlement and State CDBG programs, entitlement portion of the proposed rule submit comments electronically. those programs covered by the part 570 have been addressed in this interim rule Facsimile (FAX) comments are not regulations (e.g., section 108 loan without fundamentally changing the acceptable. In all cases, communications guarantees, Economic Development conceptual approach of the October 24, must refer to the docket number and Initiative, Brownfields Economic 2000, proposed rule. There were no title. All comments and Development Initiative, HUD- substantial objections raised by communications submitted will be administered Small Cities, and Insular commenters regarding HUD’s available, without change, for public CDBG program). This rule does not implementation of the non-entitlement inspection and copying between 8 a.m. apply to the Indian CDBG program. provision in the Entitlement CDBG
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program. The changes made in this rule businesses does not fall under the modified the proposed rule to provide for the Entitlement program are definition of ‘‘directly assist,’’ unless it that a loss of 25 or fewer jobs as a result principally to ensure consistency of includes the provision of infrastructure of a single activity will not constitute a application between the Entitlement to aid a specific business. significant job loss. and State CDBG programs. HUD According to the Office of Advocacy IV. Discussion of Public Comments on believes this rule implements the of the U.S. Small Business the October 24, 2000, Proposed Rule statutory prohibition while maintaining Administration, there are approximately the local flexibility of the CDBG Twenty-one of the 32 comments came 4.4 million firms in the U.S. that employ program. from states, with many of the remaining 25 employees or fewer out of a total of comments coming from organizations nearly 5.5 million firms nationwide. III. Significant Differences Between this that represent non-entitlement areas. There are only 470,356 firms that Interim Rule and HUD’s October 24, The states and organizations that employ between 25 and 500 employees. 2000, Proposed Rule represent non-entitlement areas wrote Approximately 80 percent of firms in This interim rule follows publication that the proposed rule was flawed as the U.S. employ fewer than 25 workers. of the October 24, 2000, proposed rule labor market areas did not relate to the HUD believes the potential impact of and takes into consideration the public true commuting patterns in rural areas, any single business relocating from one comments received on the proposed and that there needed to be a de labor market to another would be rule. In response to the public minimis number of jobs that would not minimal on the employment rate in that comments, HUD has made the following trigger the operation of this rule. As a given labor market area. Furthermore, changes to the proposed rule. The result of the comments from states and while HUD has taken every measure to rationale for these revisions is more organizations representing non- minimize the burden of compliance fully explained in section IV of this entitlement areas, this rule makes the with this rule on businesses in general, preamble. following changes to the proposed rule. HUD believes that it would be overly 1. ‘‘De minimis’’ job loss. This interim A. Significant Loss of Jobs. Many burdensome to impose such rule provides that a loss of 25 or fewer commenters raised questions or requirements on businesses that employ jobs as a result of a single activity does concerns regarding the definition of 25 or fewer employees. not constitute a significant job loss for ‘‘significant job loss’’ contained in the B. Problems with the Definition of purpose of the anti-pirating provisions. October 24, 2000, proposed rule. Under LMAs in Rural Areas. Several 2. State designation of applicable the proposed rule, a loss of jobs would commenters objected to the use of LMAs Labor Market Area (LMA). The interim be considered significant if the number defined by the U.S. Department of Labor rule permits each state to combine of jobs lost is equal to or greater than for purposes of determining significant LMAs in non-metropolitan areas to one-tenth of one percent (0.1%) of the job loss. The commenters wrote that the determine its LMAs for purposes of the total number of jobs in the labor force. size and composition of LMAs vary anti-pirating requirements. States will However, in all cases a loss of 500 or throughout the country, thus limiting be required to define or reaffirm prior more jobs is considered significant. their usefulness in consistently and definitions of their LMAs on an annual Several commenters wrote that the uniformly measuring job loss. The basis and retain records to substantiate percentage used to calculate significant majority of the commenters on this issue such areas prior to any business job loss would adversely affect smaller, wrote that the LMAs do not accurately relocation that would be impacted by rural areas. For example, under the reflect commuter patterns in rural areas. this rule. States can obtain LMA proposed rule, a loss of 10 jobs in a These commenters wrote that the U.S. designations at the following Bureau of labor market area containing 10,000 jobs Department of Labor LMA definition Labor Standards Web site: http:// would have triggered the application of did not work for rural areas, as the LMA www.bls.gov/lau/lmadir.pdf. the rule. The commenters recommended definition was for a single county, when 3. Time limit on anti-piracy several alternatives to address this the real commuting area is a requirements. This interim rule concern. Several commenters, for multicounty area. establishes a time limit on the example, suggested that HUD not use a The commenters suggested various applicability of the anti-piracy percentage to calculate significant job ways to remedy the perceived requirements. In general, a job will be loss and instead simply rely on the difficulties with use of LMAs. Some considered to be relocated if positions second component of the definition (i.e., commenters suggested that HUD replace are eliminated at an existing operation a loss of 500 or more jobs). Other the use of LMAs with use of the relevant within three years after the provision of commenters suggested raising the jurisdiction, such as the city or county. CDBG assistance for the new operation. percentage used to determine whether Other commenters recommended that 4. Streamlined reporting job loss is significant. Several HUD permit jurisdictions to voluntarily requirements. In place of the detailed commenters suggested that HUD combine and designate themselves as an information required under the establish a de minimis number of lost LMA for purposes of the anti-pirating proposed rule, this interim rule requires jobs that would not trigger the operation provisions. that the assisted business submit a of the anti-pirating provisions. Since publication of the October 24, certification that neither it nor any of its HUD continues to believe that a 2000, proposed rule, the Office of subsidiaries has plans to relocate jobs percentage-based calculation is useful Management and Budget has issued a that will result in a significant job loss for determining significant job loss, revised definition of LMA that HUD for a specific area. This certification will since such a calculation may be believes lessens the prevalence of the be part of the agreement committing uniformly applied to varying sized labor concerns raised by the commenters. CDBG assistance to the business. forces. However, HUD also recognizes Specifically, under the revised 5. Definition of ‘‘directly assist.’’ This that a percentage-based test may be definition of LMA, all non-metropolitan interim rule further defines ‘‘directly difficult to apply to small communities areas in each state are grouped into assist.’’ The provision of CDBG funds where the loss of a handful of jobs may small LMAs usually consisting of one or for activities pursuant to public be sufficient to trigger the anti-pirating more counties. To further address the facilities and indirect assistance that provisions. After considering the public concerns raised by the commenters, the will provide benefit to multiple comments on this issue, HUD has interim rule permits each state to
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combine LMAs in non-metropolitan commenters, however, thought potentially result in a significant job areas to determine its LMAs for infrastructure assistance should be loss. These commenters also wrote that purposes of the anti-pirating covered by the rule. HUD continues to the statutory anti-pirating requirements requirements. believe that the rule should cover do not specifically single out for-profit States are required to define or infrastructure assistance when a grantee, businesses. reaffirm prior definitions of their LMAs participating unit of general local HUD has not revised the rule in on an annual basis and retain records to government, subrecipient, Community- response to these comments. As the substantiate such areas prior to any Based Development Organization commenters acknowledge, the potential business relocation that would be (CBDO), or a nonprofit organization that CDBG assistance will result in a impacted by this rule. Under this serving the development needs of nonprofit group relocating is limited. interim rule, metropolitan LMAs cannot communities in non-entitlement areas, However, as some commenters be combined, nor can a non- directly assists in the relocation of a questioned the non-profit exemption, metropolitan LMA be combined with a business. The Department does not HUD is inviting specific comments on metropolitan LMA. The area defined by consider infrastructure assistance to be examples of situations where the state must also be coterminous. HUD indirect assistance in such cases, since relocations of nonprofit organizations will revisit this issue in the future if there is no difference between providing have resulted in significant job losses. there is evidence of abuse by states in infrastructure assistance and making a V. This Interim Rule configuring LMAs. loan to a business when there is a In those situations where a particular written agreement in which a business This interim rule follows publication state decides not to define its LMAs in commits to create jobs. However, if of and takes into consideration the non-metropolitan areas, then the area(s) CDBG funds are provided to assist public comments received on HUD’s defined by the U.S. Department of Labor infrastructure to aid a specific business October 24, 2000, proposed rule. As for that particular non-metropolitan area that is the subject of an agreement with noted above, this interim rule makes shall be used. It should be noted that the the specific assisted business, those several changes to the proposed rule in state losing one or more net jobs is the funds would fall under the definition of response to the public comments. HUD state with the responsibility for defining ‘‘directly assist.’’ The interim rule has decided to issue this rule as an the LMAs. clarifies the definition of ‘‘directly interim rule to afford the public with C. Time Limit on Anti-Piracy assist’’ to include this distinction. another opportunity to comment, and Requirements. Many commenters from E. Recordkeeping Requirements. specifically to the changes made to the non-entitlement areas suggested that a Many commenters stated that the rule based on earlier comments. All limit should be set on the length of time recordkeeping requirements of the comments received in response to this during which changes in employment proposed rule were onerous and would interim rule will be considered during may be considered to be as a result of discourage economic development development of the final rule. CDBG assistance. HUD agrees and has projects. HUD agrees that the proposed This interim rule would implement established a time limit on the information collection requirements section 105(h) of the 1974 HCD Act by applicability of the anti-piracy would have imposed an undue burden revising HUD’s CDBG program requirements. A job will be considered on certain businesses. For example, regulations at 24 CFR part 570. For the to be relocated if positions are requiring information on all of a Entitlement CDBG program, the interim eliminated at an existing operation business’ facilities with the number of rule would establish a new § 570.210 within three years after the provision of jobs at each facility would prevent the (entitled ‘‘Prohibition of use of CDBG assistance for the new operation. provision of assistance to national retail assistance for employment relocation HUD has determined that three years is operations, as provision of this activities’’), which would describe the an appropriate time period to define information would be onerous for CDBG job pirating prohibitions. Other relocating existing operations. Most corporations such as Target or related sections of the Entitlement states allow no more than three years for McDonald’s, for example, to complete. regulations would be revised. For the a project to be completed and expect the As a result, HUD has streamlined the State CDBG program, the interim rule majority, if not all, of the jobs to be proposed reporting requirements. In would revise § 570.482 (entitled created in this time frame. However, if place of the detailed information ‘‘Eligible activities’’) to describe the job the contractual agreement between the required under the proposed rule, this pirating provisions for the state- recipient (entitlement grantee, state, or interim rule requires that the assisted administered CDBG program. state grant recipient) and the assisted business submit a certification that In situations where a natural disaster business allows a time period longer neither it nor any of its subsidiaries has has occurred and the President has than three years for the business to plans to relocate jobs that will result in declared the area a disaster under Title create jobs, then the provisions of this a significant job loss. This certification IV of the Robert T. Stafford Disaster rule will apply for the duration of that will be part of the agreement Relief and Emergency Assistance Act, agreement. committing CDBG assistance to the grantees can request suspension of D. Provision of Infrastructure business. certain statutory provisions. Assistance Should Not be Subject to the F. Applicability to nonprofits. Several Rule. The majority of commenters wrote commenters wrote in support of the A. Significant Features of the Interim that infrastructure assistance should not exemption of non-profit organizations Rule be covered by the rule as it is not a from the anti-pirating requirements. 1. Direct assistance to for-profit deciding factor on whether a business Other commenters, however, questioned businesses. Section 105 of the 1974 HCD will relocate to an area. Several of these the non-profit exemption. Most of these Act authorizes the provision of direct commenters wrote that assistance for commenters agreed that there is little CDBG assistance to for-profit infrastructure development is indirect likelihood of nonprofit group use of businesses. Specifically, section assistance and, therefore, outside the CDBG assistance for job relocation 105(a)(17) authorizes CDBG recipients scope of the statutory anti-pirating purposes. However, the commenters to provide direct assistance to for-profit prohibition, which applies solely to wrote that the relocation of some large businesses for economic development direct assistance. A minority of nonprofit organizations could activities. Additionally, section
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105(a)(15) authorizes recipients to HUD also decided that the rule should [a]n economically integrated area within provide CDBG funds to Community- not cover the business activities of which individuals can reside and find Based Development Organizations nonprofit entities. HUD will revisit this employment within a reasonable distance or (CBDOs) and other nonprofit entities for issue in the future if there is evidence can readily change jobs without changing economic development activities that their place of residence. In addition, LMAs of abuse from job pirating involving are nonoverlapping and geographically increase economic opportunities, or that nonprofit entities. exhaustive. stimulate or retain businesses or 2. Infrastructure improvements. The permanent jobs. CBDOs and other October 24, 2000, proposed rule LMAs include metropolitan statistical nonprofit entities may implement considered how section 105(h) applies areas (MSAs) and Metropolitan economic development activities to CDBG recipients that provide Divisions, defined by the Office of directly or they may assist for-profit assistance indirectly to for-profit Management and Budget (OMB), and businesses similar to the way CDBG businesses. The proposed rule stated small LMAs. Metropolitan Division is a recipients assist for-profit businesses. that indirect assistance may take the new OMB term that has replaced Section 105(h) targets CDBG form of buildable sites, rail spurs, and Primary Metropolitan Statistical Areas assistance to for-profit businesses. other amenities in industrial parks. (PMSAs). A Metropolitan Division Pursuant to section 105(h), this interim CDBG recipients may carry out these consists of a county or a group of rule would prohibit the provision of activities under section 105(a)(14) of the counties within a Core Based Statistical CDBG assistance to for-profit businesses 1974 HCD Act, as well as sections Area that has a core population of at (including business expansions) under 105(a)(1), (2), (4), or (7), which govern least 2.5 million. A Metropolitan sections 105(a)(15) and 105(a)(17) of the the use of CDBG funds for acquisition of Division consists of one or more main/ 1974 HCD Act, if: real property, public facilities secondary counties that represent an (i) The funding will assist in the improvements, clearance, demolition, employment center or centers, plus relocation of a plant, facility, or and disposition of real property. After adjacent counties associated with the operation; and reviewing the comments on the October main county or counties through (ii) The relocation is likely to result in 24, 2000, proposed rule, the Department commuting ties. A Micropolitan a significant loss of jobs in the area from believes that using CDBG funding for Statistical Area is viewed as an area which the relocation occurs. with urban clusters of at least 10,000 As noted, HUD will apply the job these activities assists directly in the population, but less than a population pirating prohibition rule to those relocation of a business when a CDBG of 50,000. The Micropolitan Statistical business expansions that result in the recipient, participating unit of general Area comprises the central county or relocation of all or a portion of an local government, subrecipient, or counties containing the core, plus operation to the expansion site, if the CBDO enters into a written agreement to adjacent outlying counties having a high relocation would result in a significant provide the assistance as a condition of loss in the number of jobs at the current the business relocating to the recipient’s degree of social and economic facility. This rule is not intended to jurisdiction. Under such circumstances, integration with the central county as apply to situations in which a business the Department discerns no difference measured through commuting. starts a new operation in a new location, between providing infrastructure HUD received multiple comments in which is unrelated to existing assistance and making a loan to a response to the October 24, 2000, operations, and later decides to reduce business. The Department does not proposed rule that indicated the BLS or eliminate the existing operation. For consider infrastructure assistance to be definition of LMA does not work in example, a business presently indirect assistance in such cases, since rural areas for the purposes of this rule. manufactures lawnmowers in city A, there is no difference between providing Some commenters stated that in many and decides to diversify its operations infrastructure assistance and making a states rural LMAs tended to be single- by opening a plant (with CDBG loan to a business when there is a county entities while the true assistance) to assemble computer circuit written agreement in which a business commuting area is a multicounty area. boards in city B, which is in a different commits to create jobs. Using the BLS definitions could give a LMA. Two years later, because of 3. Definition of ‘‘Operation.’’ Section distorted view of the distances an changes in the industry, the business 105(h) prohibits the use of CDBG employee could commute in order to decides to get out of the lawnmower assistance with respect to the relocation maintain employment in a job that has business and to focus exclusively on of any industrial or commercial plant, moved to a new location. In response to computer circuit boards; it closes the facility, or ‘‘operation’’ from one area to these comments, HUD has determined lawnmower factory or sells the factory another. This interim rule defines the that in non-metropolitan areas, a state to a competitor. This scenario would not term ‘‘operation’’ to include, but not be may choose to use the BLS definition of constitute job pirating, because the limited to, any equipment, position, LMA, or it may combine LMAs if that circuit board plant constitutes a employment opportunity, production gives a more accurate definition of the completely different operation with very capacity, or product line. true commuting area for a portion of a different job positions from the 4. Definition of ‘‘Area.’’ Section state. States would be required to define lawnmower factory. The firm’s decision 105(h) prohibits the relocation of any their LMAs and retain records to to exit the lawnmower business was industrial or commercial plant, facility, substantiate such areas prior to any unrelated to the decision to enter the or operation, from ‘‘one area to business relocation that would be computer circuit board business. another,’’ if the relocation is likely to impacted by this rule. It should be noted However, a company that plans to open result in significant job loss. For that metropolitan LMAs cannot be a new plant outside its current LMA, metropolitan areas, HUD defines the combined, nor can a non-metropolitan with the express intent to consolidate its term ‘‘area’’ as synonymous with the LMA be combined with a metropolitan production of ‘‘goods’’ at that location, term ‘‘Labor Market Area (LMA),’’ as LMA. Combined LMAs will still be and then shuts down an older facility defined by the U.S. Bureau of Labor referred to as LMAs. Also, a state can be elsewhere up to three years later, would Statistics (BLS) (http://www.bls.gov/lau/ more restrictive in its definitions (e.g., a trigger the anti-pirating provision if laugeo.htm). The BLS defines an LMA state can forbid units of general local there was a significant loss of jobs. as: government from using State CDBG
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funds to fund any business relocation if regulations. The only exception is that or a unit of general local government the state so chooses). the rule will not be applicable to moves receiving funding from a state, in HUD believes that the BLS definition to Indian reservations; however, the determining whether a significant job of a LMA is the most logical one to use statute is applicable to moves to loss would occur, collect labor force for metropolitan jurisdictions, for two reservations. statistics for the LMA where the reasons: For instance, moving a business from business is located before the relocation (i) It ensures consistency of the City of Denver (located in the occurs. As stated in this rule, the CDBG definitions and data across the country; Denver-Aurora, CO, MSA) to Adams grantee also would be required to and County, CO (also located in the Denver- document the number of jobs that the (ii) It enhances consistency of Aurora, CO, MSA) would not be subject business plans to relocate to the new approach among federal programs. to the anti-pirating provisions of this LMA. The interim rule would be applicable interim rule since both Denver and The example in the chart below to business relocations from one LMA to Adams County are located in the same illustrates the factors that a CDBG another, regardless of the type of area LMA. grantee would be required to consider in (e.g., from a MSA to a Metropolitan 5. Determining ‘‘significant job loss.’’ determining whether the relocation of a Division, or from a MSA to a small As noted above, section 105(h) prohibits business would result in a significant LMA, etc.) or the type of CDBG grantee CDBG assistance for business relocation job loss. In the example, a city has providing assistance (e.g., entitlement activities that ‘‘will result in a proposed funding a business that plans city or state grant recipient). As a result, significant loss of employment’’ in the to relocate from any of the following the rule defines LMAs for both LMA from which the relocation occurs. areas. The business plans on relocating entitlement and non-entitlement areas This interim rule requires that a CDBG on July 1, and the move would result in in both the entitlement and State CDBG entitlement, small city, insular grantee, the relocation of 50 jobs.
EXAMPLE OF CALCULATING SIGNIFICANT JOB LOSS
Number of persons in labor force in area where business is Number of jobs leav- currently lo- One-tenth percent of labor ing the area CDBG grantee/name of LMA cated force Must be fewer than Area where business is currently located (April 2003 for Multiply column (B) by .001 number in column (C) Chattanooga to be eligible for as- and Jefferson sistance County, 2002 average for Logan)
(A) (B) (C) (D)
Chattanooga, TN ...... 234,900 234,900 × .001 = 234 50 Chattanooga, TN-GA MSA ...... NOT PROHIBITED Logan, NE ...... 18,250 18,250 × .001 = 18.250 50 Lincoln-Logan-McPherson SLMA ...... PROHIBITED Jefferson County, CO ...... 1,238,600 1,238,600 × .001 = 1,238.6 50 Denver, CO, Metropolitan Division ...... NOT PROHIBITED (MSA) (SLMA: Small LMA)
Labor force statistics are provided Therefore, this interim rule provides force to avoid being counted as monthly and annually for each LMA. that in all cases a loss of 500 or more significant. Labor force data may be obtained from jobs will be considered to constitute a B. Activities and Businesses Exempt the BLS Web site at http://www.bls.gov/ significant job loss. To prevent the rule From the Job Piracy Prohibition lau/home.htm. CDBG grantees also may from having an effect in situations write to their state employment where the relocation of a business 1. General. This interim rule will not statistics contact person to receive local causes an insignificant loss of jobs, the apply to any of the following: employment data. A list of state interim rule provides that a loss of 25 (a) Relocation assistance required by employment statistics contact names is or fewer jobs from an area, as a result the Uniform Relocation Assistance and provided on the Internet at http:// of a CDBG-funded economic Real Property Acquisition Policies Act www.bls.gov/bls/ofolist.htm. To obtain a development project, does not of 1970 (42 U.S.C. 4601–4655) list of LMAs or for questions regarding constitute a significant loss of jobs. In (implemented at 24 CFR part 42) (URA) local area unemployment statistics, summary: and with respect to the CDBG contact the BLS Local Area (1) A loss of 25 or fewer jobs as a regulations, at 24 CFR 570.488 and Unemployment Statistics Division by result of a single activity will not 570.606; calling (202) 691–6392 (this is not a toll- constitute a significant job loss, (b) Microenterprises; and free number) or e-mail the Division at (c) Assistance to businesses that buy [email protected]. (2) Any loss greater than 500 will equipment and/or inventory in arms- In large LMAs, one-tenth of a percent continue to be counted as significant, length transactions and move the job loss of the total labor market may (3) Job losses between 25–500 must be equipment and/or inventory to another constitute a large number of employees. less than 0.1 percent of the areas labor area.
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2. Relocation assistance. HUD will that is downsizing. Upon purchase of the assistance results in a business exclude relocation assistance required equipment, the new owner will move the relocation subject to this interim rule, to be provided to a business under the equipment to another state from where the the business will reimburse the CDBG URA. Businesses that receive such equipment is currently located. recipient for any assistance provided to, Example 2: A city provides CDBG assistance and are required to relocate assistance to a firm that intends to buy the or expended on behalf of, the business. generally are not voluntarily relocating. product line of a business and to relocate the The purpose of this certification is to In addition, optional relocation operations of the entire product line to prohibit businesses, especially those assistance under section 105(a)(11), as another area. with similar facilities/operations in implemented at 570.201(i) and In both cases, HUD would examine: other LMAs, from using CDBG 570.606(d), should be excluded for the (1) Will the CDBG assistance directly assist assistance to establish a new facility same reasons. HUD does not believe that in the relocation of the business?; and with the intent of subsequently the anti-pirating provisions were (2) Will the relocation result in significant relocating existing operations to the new intended to prevent businesses that are job loss? facility within a three-year period (or In Example 1, the CDBG assistance did not forced to relocate as a result of a trigger the relocation of the equipment, nor the length of time for creating jobs in the government action covered by the URA was the relocation of the equipment related agreement between the business and the from relocating to another area. to any loss of jobs. The current equipment recipient if it is longer than three years) 3. Microenterprises. HUD considered owner’s decision to downsize, regardless of from the date of the certification. If the whether microenterprises should be another business’ subsequent purchase of business plans to relocate jobs, then it subject to the job pirating restrictions, equipment and inventory, was the reason for would be required to certify as to the but has determined that this type of the job loss in this example. The use of CDBG number of jobs at the current facility business was not the intended target of funds to purchase equipment in an arms- that would be lost, and the number of the statutory prohibition. length transaction such as this is not those positions that would be relocated Microenterprises generally have five or prohibited under this interim rule. In Example 2, the CDBG assistance would once the CDBG-assisted facility was fewer employees and typically do not directly assist the move of an operation from fully operational. If the number of jobs seek resources to relocate jobs to other one LMA to another. The interim rule to be relocated exceeds the threshold for areas. prohibits this assistance if the relocation of significant job loss, CDBG assistance 4. CDBG-assisted arms-length the product line is likely to result in cannot be provided. transactions. The exemption for significant job loss in the LMA from which States are required to define and businesses that buy equipment, the proposed relocation would occur. certify their LMAs and retain records to inventory, or other physical assets in C. Documentation Requirements for substantiate such areas prior to any arms-length transactions is meant to CDBG Recipients and Businesses business relocation that is impacted by protect assisted businesses that simply this rule. It should be noted that This interim rule would require that, purchase equipment and inventory that metropolitan LMAs cannot be for each CDBG assisted business are located in one area and move them combined, nor can a non-metropolitan covered by this interim rule, the to a new location. The job piracy LMA be combined with a metropolitan recipient’s (entitlement, small city, prohibition targets businesses that move LMA. In those situations where a insular grantee, state, or the state grant existing operations from one labor particular state decides not to define its recipient) CDBG project file must market area to another. LMAs in non-metropolitan areas, then document: Whether the business has a This interim rule applies to CDBG the area(s) defined by the U.S. plant, facility, or operation in an area assistance to a business that: (1) Shuts Department of Labor for that particular outside of the recipient’s area; and, if down or downsizes a facility and sells non-metropolitan area shall be used. the equipment in a non-arms-length the business has one or more plants, transaction (an example of a non-arms- facilities, or operations located in other VI. Findings and Certifications LMAs, whether the business plans to length transaction is a firm selling Paperwork Reduction Act equipment to a subsidiary); or (2) sells, relocate jobs from other locations to the in an arms-length transaction, an site being assisted with CDBG funds. The information collection interest in an existing business, product Prior to a decision to provide CDBG requirements contained in this interim line, customer base, or the entire stock- assistance to a business that has a plant, rule have been submitted to the Office in-trade and goodwill of an existing location, or facility in other LMAs, the of Management and Budget (OMB) business. recipient shall document whether the under the Paperwork Reduction Act of This interim rule does not apply to number of jobs relocated by the business 1995 (44 U.S.C. 3501–3520). In assistance to a business that only at each of the locations that are losing accordance with the Paperwork purchases used equipment in an arms- jobs to the new facility would constitute Reduction Act, HUD may not conduct or length transaction. HUD believes that a significant job loss as defined in this sponsor, and a person is not required to the sale and purchase of equipment, rule. If the recipient decides to commit respond to, a collection of information inventories, or other business assets on CDBG assistance to a business, then it unless the collection displays a the open market were not intended to be must require and obtain, as a condition currently valid OMB control number. included under the business relocation for assistance, a certification from the The current OMB control number for provisions of section 105(h). assisted business that neither it, nor any the CDBG Entitlement program is 2506– The examples below illustrate the of its subsidiaries, has plans to relocate 0077. The current OMB control number applicability of this interim rule to the jobs at the time the agreement is signed for the State CDBG program is 2506– sale of business equipment and that would result in a significant job 0085. These information collection inventory. loss as defined in this rule. The business numbers will be revised to include the information collection requirements Example 1: A city provides CDBG must provide this certification to the assistance to a business for the purchase of recipient as a part of the agreement contained in this interim rule. equipment. The business will purchase the committing CDBG assistance to the The burden of the information equipment through a used equipment broker. business. Further, the agreement must collections in this interim rule is The equipment is currently owned by a firm provide that, in the event the CDBG estimated below:
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REPORTING AND RECORDKEEPING BURDEN
Estimated av- Number of Number of re- erage time for Estimated an- Section reference parties sponses per requirement nual burden respondent (in hours) (in hours)
§ 570.200(e) and § 570.506(c) (Maintenance of Required Documentation): ...... Local ...... 337 1 .333 112 § 570.210(c) (Statement): ...... Local ...... 337 1 2 674 § 570.482(h)(3) (Statement): ...... Local ...... 50 1 2 100
Total Local Reporting and CFR part 50, which implement section Executive Order 13132, Federalism Recordkeeping Burden (Hours): 886. 102(2)(C) of the National Environmental In accordance with 5 CFR Policy Act of 1969 (42 U.S.C. 4332). The Executive Order 13132 (entitled 1320.8(d)(1), HUD is soliciting Finding of No Significant Impact is ‘‘Federalism’’) prohibits an agency from comments from members of the public available for public inspection between publishing any rule that has federalism and affected agencies concerning this the hours of 8 a.m. and 5 p.m. weekdays implications if the rule either imposes collection of information to: in the Regulations Division, Office of substantial direct compliance costs on (1) Evaluate whether the required General Counsel, Department of state and local governments and is not collection of information is necessary Housing and Urban Development, 451 required by statute, or the rule preempts for the proper performance of the Seventh Street, SW., Room 10276, state law, unless the agency meets the functions of the agency, including Washington, DC 20410–0500. consultation and funding requirements whether the information will have of section 6 of the Order. This interim Regulatory Flexibility Act practical utility; rule would not have federalism (2) Evaluate the accuracy of the The Regulatory Flexibility Act (RFA) implications and would not impose agency’s estimate of the burden of the (5 U.S.C. 601 et seq.), generally requires substantial direct compliance costs on required collection of information; an agency to conduct a regulatory state and local governments nor (3) Enhance the quality, utility, and flexibility analysis of any rule subject to preempt state law within the meaning of clarity of the information to be notice and comment rulemaking the Order. collected; and requirements unless the agency certifies Unfunded Mandates Reform Act (4) Minimize the burden of the that the rule will not have a significant collection of information on those who economic impact on a substantial Title II of the Unfunded Mandates are to respond, including through the number of small entities. There are no Reform Act of 1995 (2 U.S.C. 1531– use of appropriate automated collection anticompetitive discriminatory aspects 1538) (UMRA) establishes requirements techniques or other forms of information of the rule with regard to small entities for federal agencies to assess the effects technology (e.g., permitting electronic and there are not any unusual of their regulatory actions on state, submission of responses). procedures that would need to be local, and tribal governments and the Interested persons are invited to complied with by small entities. private sector. This interim rule does submit comments regarding the Nevertheless, HUD is sensitive to the not impose any federal mandates on any information collection requirements in fact that the uniform application of state, local, or tribal governments or the this rule. Comments must be received requirements on entities of differing private sector within the meaning of the within 60 days from the date of this sizes often places a disproportionate UMRA. interim rule. Comments must refer to burden on small businesses. HUD did Executive Order 12866, Regulatory the interim rule by name and docket not receive any comments on this issue Planning and Review number (FR–4556) and must be sent to: in its October 24, 2000, proposed rule. HUD Desk Officer, Office of HUD is again soliciting alternatives for OMB reviewed this rule under Management and Budget, New compliance from small entities as to Executive Order 12866 (entitled, Executive Office Building, Washington, how these small entities might comply ‘‘Regulatory Planning and Review’’). DC 20503. Fax number: (202) 395–6974 in a way that is less burdensome to OMB determined that this rule is a (this is not a toll-free number.) them. The de minimis threshold (25 ‘‘significant regulatory action’’ as and jobs) for applicability of this rule will, defined in section 3(f) of the Order Shelia Jones, Reports Liaison Officer, by itself, minimize any burden on small (although not an economically Office of the Assistant Secretary for businesses. Therefore, the undersigned significant regulatory action under the Community Planning and Development, certifies that this interim rule will not Order). The docket file is available for Department of Housing and Urban have a significant economic impact on public inspection between the hours of Development, 451 7th Street, SW., a substantial number of small entities. 8 a.m. and 5 p.m. weekdays in the Room 7232, Washington, DC 20410– Notwithstanding HUD’s Regulations Division, Office of the 7000. determination that this rule will not General Counsel, Department of have a significant economic impact on Housing and Urban Development, 451 Environmental Impact a substantial number of small entities, Seventh Street, SW., Room 10276, A Finding of No Significant Impact HUD specifically invites comments Washington, DC 20410–0500. Due to with respect to the environment was regarding any less burdensome security measures at the HUD made at the proposed rule stage and is alternatives to this rule that will meet Headquarters building, please schedule applicable to this interim rule in HUD’s objectives as described by this an appointment to review the docket by accordance with HUD regulations at 24 preamble. calling the Regulations Division at (202)
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708–3055 (this is not a toll-free § 570.210 Prohibition on use of assistance will follow the requirements for State number). for employment relocation activities. CDBG recipients. (a) Prohibition. CDBG funds may not (3) Operation. A business operation Catalog of Federal Domestic Assistance be used to directly assist a business, includes, but is not limited to, any The Catalog of Federal Domestic including a business expansion, in the equipment, employment opportunity, Assistance (CFDA) program numbers for relocation of a plant, facility, or production capacity or product line of the programs covered by this interim operation from one LMA to another the business. rule are as follows: LMA if the relocation is likely to result (4) Significant loss of jobs. (i) A loss —Community Development Block in a significant loss of jobs in the LMA of jobs is significant if: The number of Grant entitlement program—14.218; from which the relocation occurs. jobs to be lost in the LMA in which the (b) Definitions. The following —State CDBG program—14.228; affected business is currently located is definitions apply to this section: equal to or greater than one-tenth of one —HUD Small Cities CDBG program— (1) Directly assist. Directly assist percent of the total number of persons 14.219; means the provision of CDBG funds for in the labor force of that LMA; or in all —Economic Development Initiative activities pursuant to: cases, a loss of 500 or more jobs. and Brownfields Economic (i) § 570.203(b); or Notwithstanding the aforementioned, a Development Initiative programs— (ii) §§ 570.201(a)—(d), 570.201(l), loss of 25 jobs or fewer does not 14.246; 570.203(a), or § 570.204 when the constitute a significant loss of jobs. —Section 108 Loan Guarantee grantee, subrecipient, or, in the case of (ii) A job is considered to be lost due program—14.248; and an activity carried out pursuant to to the provision of CDBG assistance if —Insular Areas—14.225. § 570.204, a Community Based the job is relocated within three years of Development Organization (CDBO) List of Subjects in 24 CFR Part 570 the provision of assistance to the enters into an agreement with a business business; or the time period within Administrative practice and to undertake one or more of these which jobs are to be created as specified procedure, American Samoa, activities as a condition of the business by the agreement between the business Community development block grants, relocating a facility, plant, or operation and the recipient if it is longer than Grant programs—education, Grant to the grantee’s LMA. Provision of three years. programs—housing and community public facilities and indirect assistance (c) Written agreement. Before directly development, Guam, Indians, Loan that will provide benefit to multiple assisting a business with CDBG funds, programs—housing and community businesses does not fall under the the recipient, subrecipient, or a CDBO development, Low and moderate definition of ‘‘directly assist,’’ unless it (in the case of an activity carried out income housing, Northern Mariana includes the provision of infrastructure pursuant to § 570.204) shall sign a Islands, Pacific Islands Trust Territory, to aid a specific business that is the written agreement with the assisted Puerto Rico, Reporting and subject of an agreement with the business. The written agreement shall recordkeeping requirements, Student specific assisted business. include: aid, Virgin Islands. (2) Labor market area (LMA). For (1) Statement. A statement from the metropolitan areas, an LMA is an area I Accordingly, for the reasons discussed assisted business as to whether the defined as such by the BLS. An LMA is assisted activity will result in the in the preamble, HUD amends 24 CFR an economically integrated geographic part 570 to read as follows: relocation of any industrial or area within which individuals can live commercial plant, facility, or operation and find employment within a PART 570—COMMUNITY from one LMA to another, and, if so, the reasonable distance or can readily DEVELOPMENT BLOCK GRANTS number of jobs that will be relocated change employment without changing from each LMA; I 1. The authority citation for part 570 their place of residence. In addition, (2) Required information. If the continues to read as follows: LMAs are nonoverlapping and assistance will not result in a relocation geographically exhaustive. For covered by this section, a certification Authority: 42 U.S.C. 3535(d) and 5301– metropolitan areas, grantees must use 5320. from the assisted business that neither employment data, as defined by the it, nor any of its subsidiaries, has plans BLS, for the LMA in which the affected I to relocate jobs at the time the 2. Revise § 570.200(e) to read as business is currently located and from follows: agreement is signed that would result in which current jobs may be lost. For non- a significant job loss as defined in this § 570.200 General policies. metropolitan areas, an LMA is either an rule; and * * * * * area defined by the BLS as an LMA, or (3) Reimbursement of assistance. The a state may choose to combine non- (e) Recipient determinations required agreement shall provide for metropolitan LMAs. States are required as a condition of eligibility. In several reimbursement of any assistance to define or reaffirm prior definitions of instances under this subpart, the provided to, or expended on behalf of, their LMAs on an annual basis and eligibility of an activity depends on a the business in the event that assistance retain records to substantiate such areas special local determination. Recipients results in a relocation prohibited under prior to any business relocation that shall maintain documentation of all this section. would be impacted by this rule. such determinations. A written (d) Assistance not covered by this Metropolitan LMAs cannot be determination is required for any section. This section does not apply to: combined, nor can a non-metropolitan activity carried out under the authority (1) Relocation assistance. Relocation LMA be combined with a metropolitan of §§ 570.201(f), 570.201(i)(2), assistance required by the Uniform LMA. For the HUD-administered Small 570.201(p), 570.201(q), 570.202(b)(3), Assistance and Real Property Cities Program, each of the three 570.206(f), 570.209, 570.210, and Acquisition Policies Act of 1970, (URA) participating counties in Hawaii will be 570.309. (42 U.S.C. 4601–4655); considered to be its own LMA. (2) Microenterprises. Assistance to * * * * * Recipients of Fiscal Year 1999 Small microenterprises as defined by Section I 3. Add § 570.210 to read as follows: Cities Program funding in New York 102(a)(22) of the Housing and
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Community Development Act of 1974; exhaustive. For metropolitan areas, relocation of any industrial or and grantees must use employment data, as commercial plant, facility, or operation (3) Arms-length transactions. defined by the BLS, for the LMA in from one LMA to another and, if so, the Assistance to a business that purchases which the affected business is currently number of jobs that will be relocated business equipment, inventory, or other located and from which current jobs from each LMA; physical assets in an arms-length may be lost. For non-metropolitan areas, (ii) Required certification. If the transaction, including the assets of an grantees must use employment data, as assistance will not result in a relocation existing business, provided that the defined by the BLS, for the LMA in purchase does not result in the which the assisted business is currently covered by this section, a certification relocation of the sellers’ business located and from which current jobs from the assisted business that neither operation (including customer base or may be lost. For non-metropolitan areas, it, nor any of its subsidiaries, has plans list, goodwill, product lines, or trade a LMA is either an area defined by the to relocate jobs at the time the names) from one LMA to another LMA BLS as an LMA, or a state may choose agreement is signed that would result in and does not produce a significant loss to combine non-metropolitan LMAs. a significant job loss as defined in this of jobs in the LMA from which the States are required to define or reaffirm rule; and relocation occurs. prior definitions of their LMAs on an (iii) Reimbursement of assistance. The I 4. Add § 570.482(h) to read as follows: annual basis and retain records to agreement shall provide for substantiate such areas prior to any § 570.482 Eligible activities. reimbursement to the recipient of any business relocation that would be assistance provided to, or expended on * * * * * impacted by this rule. Metropolitan behalf of, the business in the event that (h) Prohibition on use of assistance LMAs cannot be combined, nor can a for employment relocation activities. (1) assistance results in a relocation non-metropolitan LMA be combined prohibited under this section. Prohibition. CDBG funds may not be with a metropolitan LMA. For the used to directly assist a business, Insular Areas, each jurisdiction will be (4) Assistance not covered by this including a business expansion, in the considered to be an LMA. For the HUD- paragraph. This paragraph does not relocation of a plant, facility, or administered Small Cities Program, each apply to: operation from one labor market area of the three participating counties in (i) Relocation assistance. Relocation (LMA) to another LMA if the relocation Hawaii will be considered to be its own assistance required by the Uniform is likely to result in a significant loss of LMA. Recipients of Fiscal Year 1999 Assistance and Real Property jobs in the LMA from which the Small Cities Program funding in New Acquisition Policies Act of 1970 (URA), relocation occurs. York will follow the requirements for (42 U.S.C. 4601–4655); optional (2) Definitions. The following State CDBG recipients. relocation assistance under section definitions apply to the section: (iii) Operation. A business operation (i) Directly assist. Directly assist 105(a)(11), as implemented at includes, but is not limited to, any 570.606(d); means the provision of CDBG funds to equipment, employment opportunity, a business pursuant to section production capacity, or product line of (ii) Microenterprises. Assistance to 105(a)(15) or (17) of the Housing and the business. microenterprises as defined by section Community Development Act of 1974 (iv) Significant loss of jobs. (A) A loss 102(a)(22) of the Housing and (42 U.S.C. 5301 et seq). Direct assistance of jobs is significant if: The number of Community Development Act of 1974; also includes assistance under section jobs to be lost in the LMA in which the and 105(a)(1), (2), (4), (7), and (14) of the affected business is currently located is (iii) Arms-length transactions. Housing and Community Development equal to or greater than one-tenth of one Assistance to a business that purchases Act of 1974, when the state’s grantee, percent of the total number of persons business equipment, inventory, or other subrecipient, or nonprofit entity eligible in the labor force of that LMA; or in all physical assets in an arms-length under section 105(a)(15) enters into an cases, a loss of 500 or more jobs. transaction, including the assets of an agreement with a business to undertake Notwithstanding the aforementioned, a existing business, provided that the one or more of these activities as a loss of 25 jobs or fewer does not condition of the business relocating a purchase does not result in the constitute a significant loss of jobs. relocation of the sellers’ business facility, plant, or operation to the LMA. (B) A job is considered to be lost due operation (including customer base or Provision of public facilities and to the provision of CDBG assistance if list, goodwill, product lines, or trade indirect assistance that will provide the job is relocated within three years benefit to multiple businesses does not from the date the assistance is provided names) from one LMA to another LMA fall under the definition of ‘‘directly to the business or the time period and does not produce a significant loss assist,’’ unless it includes the provision within which jobs are to be created as of jobs in the LMA from which the of infrastructure to aid a specific specified by the agreement among the relocation occurs. business that is the subject of an business, the recipient, and the state (as I 5. Revise § 570.506(c) to read as agreement with the specific assisted applicable) if it is longer than three follows: business. years. (ii) Labor market area (LMA). For (3) Written agreement. Before directly § 570.506 Records to be maintained. metropolitan areas, an LMA is an area assisting a business with CDBG funds, * * * * * defined as such by the U.S. Bureau of the recipient, subrecipient, or (in the (c) Records that demonstrate that the Labor Statistics (BLS). An LMA is an case of any activity carried out pursuant recipient has made the determinations economically integrated geographic area to 105(a)(15)) nonprofit entity shall sign within which individuals can live and a written agreement with the assisted required as a condition of eligibility of find employment within a reasonable business. The written agreement shall certain activities, as prescribed in distance or can readily change include: §§ 570.201(f), 570.201(i)(2), 570.201(p), employment without changing their (i) Statement. A statement from the 570.201(q), 570.202(b)(3), 570.206(f), place of residence. In addition, LMAs assisted business as to whether the 570.209, 570.210, and 570.309. are nonoverlapping and geographically assisted activity will result in the * * * * *
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Dated: November 30, 2005. Pamela H. Patenaude, Assistant Secretary for Community Planning and Development. [FR Doc. 05–24428 Filed 12–22–05; 8:45 am] BILLING CODE 4210–29–P
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Part IV
The President Memorandum of December 20, 2005— Designation of Officers of the Office of the Director of National Intelligence To Act as Director of National Intelligence
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Federal Register Presidential Documents Vol. 70, No. 246
Friday, December 23, 2005
Title 3— Memorandum of December 20, 2005
The President Designation of Officers of the Office of the Director of Na- tional Intelligence To Act as Director of National Intelligence
Memorandum for the Director of National Intelligence
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered that: Section 1. Subject to the provisions of sections 3 and 4 of this memo- randum, the officers of the Office of the Director of National Intelligence named in section 2, in the order listed, shall act as and perform the functions and duties of the office of the Director of National Intelligence (DNI), during any period in which the DNI and the Principal Deputy Director of National Intelligence have died, resigned, or otherwise become unable to perform the functions and duties of the office of the DNI, until such time as at least one of the officers listed in this section is able to perform the functions and duties of the DNI. Sec. 2. Order of Succession. (a) Deputy Director of National Intelligence for Management; (b) Deputy Director of National Intelligence for Collection; (c) Deputy Director of National Intelligence for Analysis; (d) Deputy Director of National Intelligence for Customer Outcomes; (e) Chief of Staff, Office of the Director of National Intelligence; (f) General Counsel, Office of the Director of National Intelligence; and (g) Chief Information Officer, Office of the Director of National Intel- ligence. Sec. 3. National Security Act of 1947. This memorandum shall not supercede the authority of the Principal Deputy Director of National Intel- ligence to act for, and exercise the powers of, the Director of National Intelligence during the absence or disability of the Director of National Intelligence or during a vacancy in the position of Director of National Intelligence, (National Security Act of 1947, as amended, 50 U.S.C. 403– 3a). Sec. 4. Exceptions. (a) No individual who is serving in an office listed in section 2 in an acting capacity shall act as the DNI pursuant to this section. (b) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting DNI. Sec. 5. Publication.
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You are authorized and directed to publish this memorandum in the Federal Register. W THE WHITE HOUSE, Washington, December 20, 2005.
[FR Doc. 05–24507 Filed 12–22–05; 8:45 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 70, No. 246 Friday, December 23, 2005
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 948...... 75981 979...... 75984 Executive orders and proclamations 741–6000 Proclamations: 1124...... 74166 The United States Government Manual 741–6000 7967...... 72575 1131...... 74166 7968...... 73903 Other Services 1207...... 73945 7969...... 75711 Electronic and on-line services (voice) 741–6020 1209...... 73945 Executive Orders: 1220...... 72257 Privacy Act Compilation 741–6064 13392...... 75373 Public Laws Update Service (numbers, dates, etc.) 741–6043 1496...... 74717 Administrative Orders: TTY for the deaf-and-hard-of-hearing 741–6086 Memorandums: 9 CFR Memorandum of 94...... 73905 ELECTRONIC RESEARCH December 20, World Wide Web 2005 ...... 76374 10 CFR Presidential Proposed Rules: Full text of the daily Federal Register, CFR and other publications Determinations: is located at: http://www.gpoaccess.gov/nara/index.html 1...... 74950 No. 2006–5 of 2...... 74950 Federal Register information and research tools, including Public December 14, 13...... 74950 Inspection List, indexes, and links to GPO Access are located at: 2005 ...... 75929 31...... 75423 l http://www.archives.gov/federal register/ 5 CFR 35...... 75752 50...... 75085 E-mail 300...... 72065 110...... 74950 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 307...... 72065 an open e-mail service that provides subscribers with a digital 315...... 72065 11 CFR form of the Federal Register Table of Contents. The digital form 316...... 72065 330...... 72065 100...... 75713 of the Federal Register Table of Contents includes HTML and 106...... 75379 PDF links to the full text of each document. 335...... 72065 451...... 74995 111...... 75717 To join or leave, go to http://listserv.access.gpo.gov and select 531...... 74995, 74996 300...... 75379 Online mailing list archives, FEDREGTOC-L, Join or leave the list 550...... 72065 Proposed Rules: (or change settings); then follow the instructions. 551...... 72065 109...... 73946 PENS (Public Law Electronic Notification Service) is an e-mail 575...... 74995 12 CFR service that notifies subscribers of recently enacted laws. 720...... 72065 41...... 75931 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 201...... 75385 and select Join or leave the list (or change settings); then follow 337...... 73646, 75745 203...... 75718 the instructions. 930...... 73646, 75745 1216...... 74714 222...... 75931 FEDREGTOC-L and PENS are mailing lists only. We cannot 229...... 73128, 74998 respond to specific inquiries. 7 CFR 232...... 75931 Reference questions. Send questions and comments about the 170...... 76129 334...... 75931 Federal Register system to: [email protected] 210...... 72349 571...... 75931 707...... 72895 The Federal Register staff cannot interpret specific documents or 220...... 72349 717...... 75931 regulations. 226...... 72349 272...... 72350 723...... 75719 274...... 72350 741...... 75723 FEDERAL REGISTER PAGES AND DATE, DECEMBER 276...... 72350 796...... 72702 1805...... 73887 72065–72194...... 1 278...... 72350 72195–72348...... 2 279...... 72350 Proposed Rules: Ch. III ...... 73652 72349–72576...... 5 280...... 72350 Ch. VII...... 75986 72577–72698...... 6 301...... 73553 305...... 72881 701...... 75753 72699–72880...... 7 319 ...... 72068, 72881, 76133 741...... 75753 72881–73122...... 8 800...... 73556 73123–73346...... 9 906...... 73123 13 CFR 73347–73552...... 12 979...... 72699 106...... 75932 73553–73904...... 13 984...... 72195, 72892 121...... 72577 73905–74192...... 14 985...... 72355 123...... 72577 74193–74638...... 15 1030...... 73126 300...... 74193 74639–74994...... 16 1902...... 73347 301...... 74193, 74196 74995–75378...... 19 Proposed Rules: 304...... 74193, 74196 75379–75710...... 20 319...... 74215, 75967 308...... 74195 75711–75928...... 21 330...... 74215 75929–76128...... 22 340...... 74215 14 CFR 76129–76376...... 23 927...... 73167 23 ...... 72068, 72070, 75000
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25 ...... 73559, 73561, 75002 158...... 72730 29 CFR 61...... 73138, 73595 39 ...... 72358, 72361, 72363, 284...... 72090 4011...... 72074 63 ...... 73138, 73595, 75042, 72366, 72368, 72595, 72902, 286...... 72730 4022...... 72074, 74200 75047, 75320, 75884 73347, 73351, 73355, 73358, 349...... 72730 4044 ...... 72076, 72205, 73330, 70...... 75320, 75399 73361, 73364, 73576, 73577, 74200 71...... 75320 73579, 73581, 73583, 73919, 19 CFR Proposed Rules: 80...... 74552, 75914 73921, 73923, 73925, 73930, 360...... 72373 1611...... 73413 81...... 76165 73933, 73935, 74639, 74641, 82...... 73604 20 CFR 74645, 74647, 75004, 75386, 30 CFR 86...... 72917, 75403 75388, 75390, 75725, 75727, 422...... 74649 180 ...... 74679, 74688, 75734 204...... 72381 75932, 75933 423...... 73135 250...... 74659 261...... 76168 71 ...... 72371, 72905, 73129, 655...... 72556 420...... 73618 73131, 73132, 73134, 74197, 1002...... 75246, 75313 31 CFR 710...... 74696, 75059 75392, 75393, 75394, 75395, Proposed Rules: Proposed Rules: 76140 Proposed Rules: 260...... 73175 1...... 72739 51...... 72268, 75439 73...... 76148 320...... 73175 52 ...... 72740, 72741, 72744, 97 ...... 72703, 72705, 73367, 341...... 73176 32 CFR 73414, 74259, 75093, 75440 73785 404...... 72411, 72416 285...... 73378 55...... 72094 121...... 75396 416...... 72411, 72416 346...... 72917 60...... 75348 145...... 75396 61...... 73183, 73675 Proposed Rules: Proposed Rules: 21 CFR 63 ...... 72330, 73098, 73183, 153...... 75998 13...... 72403 Ch. I ...... 72074 73675, 75096, 75924 235...... 75091 39 ...... 72083, 72085, 72088, 101...... 76150 70...... 75440 635...... 73181 72327, 72406, 72409, 72599, 172...... 72906 80...... 74582 72601, 72726, 72938, 72939, 510...... 74652, 75398 33 CFR 81...... 73183 72942, 72945, 72947, 73171, 520 ...... 73136, 75016, 75017, 86...... 72970 Ch. I ...... 75731 73173, 73391, 73392, 73633, 75398, 76163 96...... 72268 104...... 74663 73665, 73668, 73671, 74235, 524...... 73137 112...... 73518, 73524 105...... 74663 74237, 75426, 75428, 75430, 556...... 76163 122 ...... 73676, 75771, 76013 117 ...... 73380, 73937, 75937, 75435 558...... 74652, 75017 123...... 76013 75939 47...... 72403 610...... 72197, 75018 180...... 72757, 76224 151...... 74669 61...... 72403 1300...... 74653 272...... 75098 71 ...... 72949, 72950, 73959, 153...... 74669 1308...... 74653 412...... 75771 160...... 74663 75438 Proposed Rules: 165 ...... 74202, 74676, 75036 91...... 72403 310...... 73178, 75988 93...... 73674 341...... 75988 Proposed Rules: 41 CFR 183...... 72403 357...... 75988 100...... 72964 60-250...... 72148 399...... 73960 358...... 73178 117 ...... 72419, 72967, 75765, Proposed Rules: 75767 15 CFR 610...... 72257 51-2...... 74721 155...... 74259 51-3...... 74721 4...... 75729 24 CFR 157...... 74259 51-4...... 74721 748...... 72073 203...... 72696 401...... 75769 570...... 76362 16 CFR 34 CFR 42 CFR 303...... 73369 941...... 72908 226...... 75908 50...... 76174 801...... 73369 Proposed Rules: Proposed Rules: 83...... 75949 803...... 73369 3282...... 73966 200...... 74624 405...... 73623 17 CFR 26 CFR 300...... 74624 418...... 76175 419...... 76176 30...... 75934 1 ...... 72376, 72908, 72914, 36 CFR 200...... 72566 75028, 75730 422...... 76196 201...... 72566 31...... 74198 1011...... 73587 423...... 76198 229...... 72372 32...... 74198 Proposed Rules: 484...... 76199 231...... 73344 301...... 74658 242...... 76010 485...... 76176 602...... 72908, 72914 Proposed Rules: 239...... 72372 37 CFR 241...... 73344 Proposed Rules: 1001...... 73186 271...... 73344 1 ...... 72260, 72952, 73393, 253...... 72077 420...... 73378 73967, 74259, 75090, 75759, 43 CFR 75762 38 CFR Proposed Rules: 3160...... 75954 4...... 74240 54...... 72953, 75998 3...... 72211 15...... 74246 301 ...... 72954, 73393, 74259 4...... 75398 16...... 74246 9...... 75940 44 CFR 27 CFR 20...... 72211 17...... 74246 64...... 72078, 74204 18...... 74246 9 ...... 72707, 72710, 72713, Proposed Rules: 65...... 73634 19...... 74246 72717 3...... 76221 4...... 76221 Proposed Rules: 21...... 74248 Proposed Rules: 67...... 73677 240...... 74598, 76116 4...... 72731 14...... 76221 249...... 74598 5...... 72731 274...... 74598 7...... 72731 39 CFR 45 CFR 9...... 72733 111...... 72221, 75734 18 CFR Proposed Rules: 232...... 72078 1180...... 73967 35...... 75005 28 CFR 365...... 75592 0...... 76163 40 CFR 366...... 75592 1617...... 72199 52 ...... 72597, 72720, 73380, 46 CFR Proposed Rules: 905...... 73587 75399, 76165 Ch. I ...... 75731 41...... 72730 906...... 74200 60 ...... 73138, 74679, 74870 4...... 74669, 75954
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47 CFR 30...... 73415 230...... 75440 571...... 74270 15...... 75739 32...... 73415 252 ...... 73187, 73189, 75440 36...... 73415 253...... 73187, 75440 64...... 75070, 76208 50 CFR 73 ...... 72723, 73939, 73940, 42...... 73415 49 CFR 17 ...... 73820, 74112, 74138, 73941, 73942, 75744 48...... 73415 49...... 73415 105...... 73156 75071 Proposed Rules: 23...... 74700 64...... 75102 50...... 73415 106...... 73156 300...... 73943 73...... 72763, 73972 52...... 73415 107...... 73156 622...... 73383, 76216 76...... 73973 53...... 73415 110...... 73156 201...... 75411 171...... 73156 635 ...... 72080, 72724, 74712 48 CFR 205...... 73148 172...... 73156 648 ...... 72082, 72934, 75074, Ch. 2 ...... 75411 211...... 73150 173...... 72930, 73156 75418, 75965 1...... 73415 213...... 75411 174...... 73156 660...... 72385, 75075 2...... 73415 216...... 73151 175...... 73156 679 ...... 73389, 74208, 75080, 4...... 73415 217...... 73151 176...... 73156 75419 5...... 73415 223...... 73150 177...... 73156 680...... 75419 6...... 73415 225...... 73152, 73153 178...... 73156 Proposed Rules: 7...... 73415 226...... 73148 180...... 73156 17 ...... 72776, 72973, 73190, 8...... 73415 232...... 75412 225...... 75414 73699, 74284, 74426, 75546, 9...... 73415 252 ...... 73148, 73150, 73152, 234...... 72382 76018 12...... 73415 73153 236...... 72382 100...... 76010 13...... 73415 1852...... 74206 571...... 73383, 75961 216...... 73426 15...... 73415 9901...... 73423 1540...... 72930 223...... 72099 16...... 73415 9903...... 73423 Proposed Rules: 635...... 73980 17...... 73415 Proposed Rules: Ch. I ...... 76228 648 ...... 72100, 74285, 75111, 19...... 73415 Ch. 2 ...... 73187 192...... 74262, 74265 75114 22...... 73415 208...... 73187 195...... 74265 660...... 72777, 75115 25...... 73415 215...... 75440 229...... 73070 679...... 74723, 74739 28...... 73415 225...... 73189 238...... 73070 697...... 73717
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REMINDERS (EMBRAER); published Exclusions; comments due 27-05; published 10-26- The items in this list were 12-8-05 by 12-27-05; published 05 [FR 05-21344] editorially compiled as an aid 11-25-05 [FR 05-23229] Peirson’s milk-vetch; to Federal Register users. COMMENTS DUE NEXT Water pollution control: comments due by 12- Inclusion or exclusion from WEEK National Pollutant Discharge 30-05; published 11-30- this list has no legal Elimination System— 05 [FR 05-23407] significance. AGRICULTURE Cooling water intake INTERIOR DEPARTMENT DEPARTMENT structures at Phase III Surface Mining Reclamation facilities; comments due and Enforcement Office RULES GOING INTO Animal and Plant Health Inspection Service by 12-27-05; published Permanent program and EFFECT DECEMBER 23, 11-25-05 [FR 05-23276] abandoned mine land 2005 Plant-related quarantine, domestic: Water pollution; effluent reclamation plan submissions: Emerald ash borer; guidelines for point source AGRICULTURE comments due by 12-30- categories: Missouri; comments due by DEPARTMENT 05; published 10-31-05 Meat and poultry products 12-29-05; published 11- Agricultural Marketing [FR 05-21608] processing facilities; Open 29-05 [FR 05-23456] Service Montana; comments due by COMMERCE DEPARTMENT for comments until further Agricultural Marketing Act; notice; published 9-8-04 12-29-05; published 11- miscellaneous marketing National Oceanic and [FR 04-12017] 29-05 [FR 05-23396] Atmospheric Administration practices: FEDERAL Texas; comments due by USDA farmers market; Fishery conservation and 12-29-05; published 11- management: COMMUNICATIONS operating procedures; COMMISSION 29-05 [FR 05-23402] published 12-23-05 Northeastern United States Wyoming; comments due by fisheries— Radio stations; table of ENVIRONMENTAL assignments: 12-29-05; published 11- PROTECTION AGENCY Atlantic herring; comments 29-05 [FR 05-23399] due by 12-30-05; New York; comments due JUSTICE DEPARTMENT Air quality implementation published 12-15-05 [FR by 12-27-05; published plans; approval and 05-24079] 11-23-05 [FR 05-22837] Privacy Act; implementation; promulgation; various comments due by 12-27-05; West Coast States and Oklahoma; comments due States: published 11-16-05 [FR 05- Western Pacific by 12-27-05; published 22640] Connecticut; published 10- fisheries— 11-23-05 [FR 05-22838] 24-05 Pacific sardine; comments HEALTH AND HUMAN INTERIOR DEPARTMENT Maine; published 10-24-05 due by 12-27-05; SERVICES DEPARTMENT National Indian Gaming Commission Solid waste: published 10-28-05 [FR Food and Drug Hazardous waste; 05-21561] Administration Management contract identification and listing provisions: DEFENSE DEPARTMENT Food for human consumption: Exclusions; published 12- Army Department Minimum internal control Frozen desserts— standards; revision; 23-05 Privacy Act; implementation; Goat’s milk ice cream, comments due by 12-30- HEALTH AND HUMAN comments due by 12-27-05; mellarine, ice cream 05; published 11-15-05 SERVICES DEPARTMENT published 10-25-05 [FR 05- and frozen custard, [FR 05-22506] Food and Drug 21113] sherbet, water ices, and NUCLEAR REGULATORY Administration ENVIRONMENTAL parmesan and reggiano COMMISSION Animal drugs, feeds, and PROTECTION AGENCY cheese; food standards; Fitness for duty programs: related products: Air pollutants, hazardous; comments due by 12- Moxidectin; published 12-23- national emission standards: 27-05; published 9-27- Conformance with HHS testing guidelines, etc.; 05 Organic liquids distribution 05 [FR 05-19194] comments due by 12-27- Food for human consumption: (non-gasoline); comments HOMELAND SECURITY 05; published 8-26-05 [FR due by 12-29-05; Food labeling— DEPARTMENT 05-15576] Soluble dietary fiber and published 11-14-05 [FR Coast Guard 05-22108] SOCIAL SECURITY coronary heart disease; Ports and waterways safety; ADMINISTRATION health claims; published Air quality implementation regulated navigation areas, 12-23-05 plans; approval and Ticket to Work Self-Sufficiency safety zones, security Program; comments due by Human drugs: promulgation; various zones, etc.: States; air quality planning 12-29-05; published 9-30-05 Unapproved new purposes; designation of Alaska; high capacity [FR 05-19530] investigational drug passenger vessels areas: TRANSPORTATION products; export protection; comments due DEPARTMENT requirements; published California; comments due by by 12-30-05; published 11-23-05 12-30-05; published 11- 10-31-05 [FR 05-21576] Workplace drug and alcohol 30-05 [FR 05-23502] testing programs: JUSTICE DEPARTMENT Chicago Sanitary and Ship Air quality implementation Canal, IL; comments due Adulterated, substituted, and Organization, functions, and plans; approval and diluted specimen results; authority delegations: by 12-31-05; published 8- promulgation; various 10-05 [FR 05-15781] instructions to laboratories Professional Responsibility States: and medical review Advisory Office; published Georgia; comments due by INTERIOR DEPARTMENT officers; comments due by 12-23-05 12-29-05; published 11- Fish and Wildlife Service 12-30-05; published 10- TRANSPORTATION 29-05 [FR 05-23417] Endangered and threatened 31-05 [FR 05-21488] DEPARTMENT Indiana; comments due by species: TRANSPORTATION Federal Aviation 12-27-05; published 11- Findings on petitions, etc.— DEPARTMENT Administration 25-05 [FR 05-23278] Gray wolf; northern Rocky Federal Aviation Airworthiness directives: Solid waste: Mountain distinct Administration Empresa Brasileira de Hazardous waste; population segment; Air carrier certification and Aeronautica, S. A. identification and listing comments due by 12- operations:
VerDate Aug 31 2005 20:12 Dec 22, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\23DECU.LOC 23DECU rwilkins on PROD1PC63 with RULES Federal Register / Vol. 70, No. 246/ Friday, December 23, 2005 / Reader Aids v
Pilot supplemental oxygen TRANSPORTATION due by 12-30-05; www.gpoaccess.gov/plaws/ use; comments due by DEPARTMENT published 10-31-05 [FR index.html. Some laws may 12-27-05; published 11- Pipeline and Hazardous 05-21562] not yet be available. 10-05 [FR 05-22456] Materials Safety H.R. 4440/P.L. 109–135 Airworthiness directives: Administration Hazardous materials: LIST OF PUBLIC LAWS Gulf Opportunity Zone Act of Aerospatiale; comments due 2005 (Dec. 21, 2005; 119 Aluminum cylinders This is a continuing list of by 12-27-05; published manufactured of 6351-T6 Stat. 2577) 10-28-05 [FR 05-21338] public bills from the current aluminum alloy used in session of Congress which Last List December 22, 2005 Bell; comments due by 12- SCUBA, SCBA, carbon have become Federal laws. It 27-05; published 10-28-05 dioxide, and oxygen may be used in conjunction [FR 05-21541] service; requalification and with ‘‘PLUS’’ (Public Laws Public Laws Electronic use criteria; comments Update Service) on 202–741– Boeing; comments due by Notification Service due by 12-27-05; 6043. This list is also 12-27-05; published 11-9- (PENS) published 10-26-05 [FR available online at http:// 05 [FR 05-22306] 05-21273] www.archives.gov/federal- Sikorsky Aircraft Corp.; TREASURY DEPARTMENT register/laws.html. PENS is a free electronic mail comments due by 12-27- Internal Revenue Service notification service of newly The text of laws is not 05; published 10-26-05 Privacy Act; implementation; enacted public laws. To published in the Federal [FR 05-21256] comments due by 12-28-05; subscribe, go to http:// Register but may be ordered published 11-28-05 [FR E5- listserv.gsa.gov/archives/ Airworthiness standards: in ‘‘slip law’’ (individual 06577] publaws-l.html pamphlet) form from the Special conditions— TREASURY DEPARTMENT Superintendent of Documents, Note: This service is strictly Garmin AT, Inc.; Mooney Alcohol and Tobacco Tax U.S. Government Printing for E-mail notification of new M20M and M20R and Trade Bureau Office, Washington, DC 20402 laws. The text of laws is not airplanes; comments Alcohol, tobacco and other (phone, 202–512–1808). The available through this service. due by 12-30-05; excise taxes: text will also be made PENS cannot respond to published 11-30-05 [FR Special occupational tax; available on the Internet from specific inquiries sent to this 05-23481] suspension; comments GPO Access at http:// address.
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