9–7–05 Wednesday Vol. 70 No. 172 Sept. 7, 2005

Pages 53043–53294

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i II Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005

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Contents Federal Register Vol. 70, No. 172

Wednesday, September 7, 2005

Agency for Toxic Substances and Disease Registry Commodity Credit Corporation NOTICES PROPOSED RULES Hazardous substances releases and facilities: Loan and purchase programs: Public health assessments and effects; list, 53197 Sugar program marketing allocations; transfer, 53103– 53105 Agricultural Marketing Service NOTICES Comptroller of the Currency Strawberries; grade standards, 53148–53149 NOTICES Watermelons; grade standards, 53149–53150 Agency information collection activities; proposals, submissions, and approvals, 53274 Agriculture Department Customs and Border Protection Bureau See Agricultural Marketing Service RULES See Commodity Credit Corporation Harmonized Tariff Schedule of the United States: See Food Safety and Inspection Service General Note provisions; 19 CFR Chapter 1 technical See Forest Service corrections, 53060–53063 NOTICES Agency information collection activities; proposals, Defense Department submissions, and approvals, 53148 See Engineers Corps PROPOSED RULES Army Department Privacy Act; implementation, 53135–53136 See Engineers Corps Education Department Centers for Disease Control and Prevention NOTICES Special education and rehabilitative services: NOTICES Individuals with Disabilities Education Act (IDEA)— Grants and cooperative agreements; availability, etc.: Correspondence; quarterly list, 53172–53173 Human immunodeficiency virus (HIV)— Brazil; HIV/AIDS surveillance infrastructure and Energy Department building capacity; data collection for program See Federal Energy Regulatory Commission evaluation and assessment, 53211–53216 Haiti; HIV/AIDS treatment, care, and support for Engineers Corps prostitutes and their associated sexual partners, NOTICES 53204–53211 Environmental statements; notice of intent: Lesotho et al.; HIV confidential voluntary counseling Los Angeles County, CA— and testing, communications, prevention and care, San Pedro Waterfront and Promenade development, 53197–53204 53170–53172 Southern Sudan; support programs to reduce HIV impact, 53216–53224 Environmental Protection Agency Tanzania; HIV/AIDS prevention, care and treatment RULES services; laboratory quality system approach Air quality implementation plans; approval and enhancement, 53224–53229 promulgation; various States: Vessel sanitation program: Oklahoma; correction, 53275 Cruise ship sanitation inspections; fees, 53229–53230 NOTICES Pesticide, food, and feed additive petitions: Civil Rights Commission Interregional Research Project (No. 4), 53180–53185 NOTICES Pesticide registration, cancellation, etc.: Meetings; State advisory committees: Arch Wood Protection, Inc., et al., 53178–53180 Alaska, 53151 Toxic and hazardous substances control: Hawaii, 53151 New chemicals— Receipt and status information, 53185–53189 Coast Guard Water pollution control: Clean Water Act— RULES Alaska; mechanical placer mining and medium-sized Drawbridge operations: suction dredging; reissuance, 53189–53190 New Jersey, 53070 Ports and waterways safety; regulated navigation areas, Executive Office of the President safety zones, security zones, etc.: See Trade Representative, Office of United States Lower Mississippi River, Greenville, MS, 53070–53072 Federal Aviation Administration Commerce Department RULES See International Trade Administration Airworthiness directives: See National Oceanic and Atmospheric Administration Airbus, 53051–53053

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Boeing, 53053–53056 Meetings: Dassault, 53056–53058 California Independent System Operator Corp., 53178 Israel Aircraft Industries, Ltd., 53058–53060 Applications, hearings, determinations, etc.: PROPOSED RULES Questar Pipeline Co., 53173 Airworthiness directives: Saltville Gas Storage Co. L.L.C., 53173 Boeing, 53106–53108 NOTICES Environmental statements; availability, etc.: Federal Highway Administration City of St. George, UT; airport replacement and public NOTICES hearing, 53268–53269 Agency information collection activities; proposals, Exemption petitions; summary and disposition, 53269– submissions, and approvals, 53270–53271 53270 Meetings: Federal Housing Enterprise Oversight Office Research, Engineering, and Development Advisory PROPOSED RULES Committee, 53270 Regulatory review; comment request, 53105–53106

Federal Communications Commission Federal Mediation and Conciliation Service RULES PROPOSED RULES Frequency allocations and radio treaty matters: Arbitration services: World Radiocommunications Conference-2003; Arbitration policies, functions, and procedures; concerning frequency bands between 5900 kHz and amendments, 53134–53135 27.5 GHz Correction, 53074–53078 Radio stations; table of assignments: Fish and Wildlife Service Louisiana, 53078–53079 PROPOSED RULES Michigan, 53078 Endangered and threatened species: Television broadcasting: Critical habitat designations— Satellite Home Viewer Extension and Reauthorization Act Pygmy owl; hearing, 53139–53140 of 2004; implementation— Environmental statements; availability, etc.: Alaska and Hawaii; carriage of analog and digital Incidental take permits— signals requirements; correction, 53079 Pocahontas County, WV; West Virginia northern flying PROPOSED RULES squirrel, 53141–53142 Common carrier services: NOTICES Minimum customer account record exchange obligations Endangered and threatened species: on all local and interexchange carriers; Survival enhancement permits— implementation, 53137–53139 Utah prairie dogs, 53242–53243 International telecommunications: Environmental statements; availability, etc.: Foreign carriers; blockages or disruptions; harm to U.S. Incidental take permits— competition and customers, 53136–53137 Brevard County, FL; Florida scrub-jay, 53243–53245 Radio stations; table of assignments: St. Johns County, FL; Anastasia Island beach mouse, et Texas, 53139 al., 53245–53247 NOTICES Agency information collection activities; proposals, Food and Drug Administration submissions, and approvals, 53190–53191 RULES Common carrier services: Food and cosmetics: Telecommunications relay services— Cattle materials; prohibited use, 53063–53069 Speech-to-speech services for individuals with hearing Medical devices: and speech disabilities, 53191–53192 Immunology and microbiology devices— Reports and guidance documents; availability, etc.: Endotoxin Assay; Class II special controls Video programming delivery; market competition status; classification, 53069 annual assessment, 53192–53197 NOTICES Grant and cooperative agreement awards: Federal Emergency Management Agency New Mexico State University; Waste-Management NOTICES Education and Research Consortium, 53230–53231 Disaster and emergency areas: Reports and guidance documents; availability, etc.: Florida, 53237–53238 Clinical Laboratory Improvement Amendments of 1988 Louisiana, 53238 (CLIA) waiver applications; recommendations; Mississippi, 53239 industry and FDA staff guidance, 53231–53233 Pediatric Research Equity Act; industry guidance, 53233– Federal Energy Regulatory Commission 53235 PROPOSED RULES Electric utilities (Federal Power Act): Electric Reliability Organization certification and electric Food Safety and Inspection Service reliability standards establishment, approval, and RULES enforcement procedures, 53117–53133 Meat and poultry inspection: NOTICES Specified risk materials use for human food, prohibition; Environmental statements; notice of intent: and non-ambulatory disabled cattle, disposition North Baja Pipeline, LLC, 53174–53178 requirements, 53043–53050

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Forest Service NOTICES NOTICES Privacy Act: Environmental statements; availability, etc.: Systems of records, 53253–53255 National Forest, CO; notice of decision, 53150–53151 Labor Department Health and Human Services Department See Labor Statistics Bureau See Agency for Toxic Substances and Disease Registry See Mine Safety and Health Administration See Centers for Disease Control and Prevention See Food and Drug Administration Labor Statistics Bureau See National Institutes of Health NOTICES Agency information collection activities; proposals, Homeland Security Department submissions, and approvals, 53255–53256 See Coast Guard See Customs and Border Protection Bureau Land Management Bureau See Federal Emergency Management Agency NOTICES RULES Coastwise navigation and inspection laws; waiver of Oil and gas operations: compliance, 53236–53237 Stripper well royalty reductions retention of records; fees, rentals, and royalty, 53072–53074 Housing and Urban Development Department NOTICES See Federal Housing Enterprise Oversight Office Closure of public lands: NOTICES Nevada, 53247–53249 Agency information collection activities; proposals, Environmental statements; notice of intent: submissions, and approvals, 53239–53241 Coos Bay District et al., OR; resource management plan, Mortgage and loan insurance programs: 53249–53250 Debenture interest rates, 53241–53242 Survey plat filings: New Mexico, 53250–53251 Interior Department See Fish and Wildlife Service Mine Safety and Health Administration See Land Management Bureau PROPOSED RULES Metal and nonmetal mine safety and health: International Trade Administration Underground mines— NOTICES Diesel particulate matter exposure of miners, 53280– Antidumping: 53293 Carbon and alloy seamless standard, line, and pressure pipe (under 4 1/2) inches from— National Highway Traffic Safety Administration Various countries, 53151–53153 RULES Corrosion-resistant carbon steel flat products from— Motor vehicle safety standards: Korea, 53153–53159 Occupant crash protection— Large diameter carbon and alloy seamless standard, line, Tire pressure monitoring systems; controls and and pressure pipe from— displays, 53079–53101 Japan and Mexico, 53159–53161 Oil country tubular goods from— Japan, 53161–53164 National Institutes of Health Sulfanilic acid from— NOTICES India and China, 53164–53165 Meetings: Synthetic indigo from— National Advisory Council on Drug Abuse, 53235 China, 53165–53166 National Heart, Lung, and Blood Institute, 53235–53236 Countervailing duties: National Institute of Dental and Craniofacial Research, Hot-rolled carbon steel flat products— 53236 India, 53166–53167 Structural steel beams from— National Oceanic and Atmospheric Administration Korea, 53167–53168 RULES Sulfanilic acid from— Fishery conservation and management: India, 53168–53169 Alaska; fisheries of Exclusive Economic Zone— Grants and cooperative agreements; availability, etc.: Atka mackerel, 53101–53102 Worsted Wool Fabrics Program, 53169–53170 PROPOSED RULES Fishery conservation and management: International Trade Commission Atlantic highly migratory species— NOTICES Atlantic blue and white marlin, recreational landings Import investigations: limit; Atlantic tunas, swordfish, sharks, and Orange juice from— billfish, fishery management plans; hearings Brazil, 53251–53252 canceled, 53146–53147 Superalloy degassed chromium from— Caribbean, Gulf, and South Atlantic fisheries— Japan, 53252–53253 Red snapper, 53142–53146 NOTICES Justice Department Reports and guidance documents; availability, etc.: PROPOSED RULES Science Advisory Board’s Research Review Report; draft Privacy Act: implementation, 53133–53134 report on evaluation, 53278

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Nuclear Regulatory Commission Meetings: NOTICES International Mobile Satellite Organization; possible Environmental statements; availability, etc.: oversight authority expansion, 53267 Carolina Power and Light Co., 53257–53258 Connecticut Yankee Atomic Power Co., 53258–53259 Surface Transportation Board Meetings; Sunshine Act, 53259 NOTICES Applications, hearings, determinations, etc.: Railroad operation, acquisition, construction, etc.: Indiana Michigan Power Co., 53256–53257 Hardin Southern Railroad, Inc., 53273–53274

Office of Federal Housing Enterprise Oversight Toxic Substances and Disease Registry Agency See Federal Housing Enterprise Oversight Office See Agency for Toxic Substances and Disease Registry

Office of United States Trade Representative Trade Representative, Office of United States See Trade Representative, Office of United States NOTICES Tariff-rate quota amount determinations: Pipeline and Hazardous Materials Safety Administration Raw cane sugar, refined sugar and sugar-containing NOTICES products, 53268 Hazardous materials: Exemption applications delayed; list, 53271–53272 Transportation Department Pipeline safety: See Federal Aviation Administration Advisory bulletins— See Federal Highway Administration Potential damage to natural gas distribution pipeline See National Highway Traffic Safety Administration facilities caused by Hurricane Katrina, 53273 See Pipeline and Hazardous Materials Safety Potential pipeline facility damage caused by Hurricane Administration Katrina, 53272–53273 See Surface Transportation Board PROPOSED RULES Securities and Exchange Commission Air travel; nondiscrimination on basis of disability: NOTICES Medical oxygen and portable respiration assistive Public Utility Holding Company Act of 1935 filings, 53259– devices, 53108–53117 53260 Self-regulatory organizations; proposed rule changes: Treasury Department American Stock Exchange LLC, 53260–53262 See Comptroller of the Currency Pacific Exchange, Inc., 53262–53263 Philadelphia Stock Exchange, Inc., 53263–53264 Separate Parts In This Issue Small Business Administration NOTICES Part II Disaster loan areas: Commerce Department, National Oceanic and Atmospheric Alabama, 53264 Administration, 53278 Louisiana, 53264–53265 Mississippi, 53265 Part III Texas, 53265–53266 Labor Department, Mine Safety and Health Administration, Social Security Administration 53280–53293 NOTICES Agency information collection activities; proposals, submissions, and approvals, 53266 Reader Aids Consult the Reader Aids section at the end of this issue for State Department phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Culturally significant objects imported for exhibition: To subscribe to the Federal Register Table of Contents Memling’s Portraits, 53266–53267 LISTSERV electronic mailing list, go to http:// International Traffic in Arms regulations; statutory listserv.access.gpo.gov and select Online mailing list debarment termination and export/retransfer archives, FEDREGTOC-L, Join or leave the list (or change authorizations eligibility reinstatement, 53267 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 25...... 53074 73 (3 documents) ...... 53074, Proposed Rules: 53078 1435...... 53103 76...... 53076 9 CFR 90...... 53074 310...... 53043 97...... 53074 318...... 53043 Proposed Rules: 12 CFR Ch. I ...... 53136 Proposed Rules: 64...... 53137 XVII ...... 53105 73...... 53139 14 CFR 49 CFR 39 (4 documents) ...... 53051, 571...... 53079 53053, 53056, 53058 585...... 53079 Proposed Rules: 50 CFR 39...... 53106 679...... 53101 382...... 53108 Proposed Rules: 18 CFR 17 (2 documents) ...... 53139, Proposed Rules: 53141 622...... 53142 38...... 53117 635...... 53146 19 CFR 7...... 53060 10...... 53060 11...... 53060 12...... 53060 18...... 53060 19...... 53060 24...... 53060 54...... 53060 101...... 53060 102...... 53060 111...... 53060 114...... 53060 123...... 53060 128...... 53060 132...... 53060 134...... 53060 141...... 53060 145...... 53060 146...... 53060 148...... 53060 151...... 53060 152...... 53060 177...... 53060 181...... 53060 191...... 53060 21 CFR 189...... 53063 700...... 53063 866...... 53069 28 CFR Proposed Rules: 16...... 53133 29 CFR Proposed Rules: 1404...... 53134 30 CFR Proposed Rules: 57...... 53280 32 CFR Proposed Rules: 310...... 53135 33 CFR 117...... 53070 165...... 53070 40 CFR 52...... 53275 43 CFR 3100...... 53072 47 CFR 2...... 53074

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Rules and Regulations Federal Register Vol. 70, No. 172

Wednesday, September 7, 2005

This section of the FEDERAL REGISTER provide the same level of protection in an imported dairy cow in Washington contains regulatory documents having general from human exposure to the BSE agent State. The animal had been imported applicability and legal effect, most of which as does the exclusion of the entire small from Canada. One of the rules, are keyed to and codified in the Code of intestine from the human food supply. ‘‘Prohibition of the Use of Specified Risk Federal Regulations, which is published under Materials for Human Food and 50 titles pursuant to 44 U.S.C. 1510. DATES: This interim final rule is effective October 7, 2005. Comments on Requirements for the Disposition of The Code of Federal Regulations is sold by this interim final rule must be received Non-ambulatory Disabled Cattle’’ (69 FR the Superintendent of Documents. Prices of by November 7, 2005. 1826, January 12, 2004) (also referred to new books are listed in the first FEDERAL ADDRESSES: FSIS invites interested as ‘‘the SRM interim final rule’’ or ‘‘the REGISTER issue of each week. persons to submit comments on this SRM rule’’), among other things, amended interim final rule. Comments designates certain materials from cattle may be submitted by any of the as SRMs, declares that SRMs are DEPARTMENT OF AGRICULTURE following methods: inedible, and prohibits the use of these • Mail, including floppy disks or CD– materials for human food (9 CFR Food Safety and Inspection Service ROM’s, and hand- or courier-delivered 310.22(a) and 9 CFR 310.22(b)). The items: Send to Docket Clerk, U.S. SRM rule also requires that 9 CFR Parts 310 and 318 Department of Agriculture, Food Safety establishments that slaughter cattle, and [Docket No. 03–025IFA] and Inspection Service, 300 12th Street, establishments that process the SW., Room 102 Cotton Annex, carcasses and parts of cattle, incorporate Prohibition of the Use of Specified Washington, DC 20250. their procedures for the removal, Risk Materials for Human Food and • Federal eRulemaking Portal: Go to segregation and disposition of SRMs Requirements for the Disposition of http://www.regulations.gov. Electronic into their HACCP plans or Sanitation Non-Ambulatory Disabled Cattle mail: SOPs or other prerequisite program (9 AGENCY: Food Safety and Inspection [email protected]. CFR 310.22(d)(1)). Service, USDA. Follow the online instructions at that The materials identified as SRMs in site for submitting comments. ACTION: Interim final rule. the FSIS SRM rule are the brain, skull, All submissions received must eyes, trigeminal ganglia, spinal cord, SUMMARY: The Food Safety and include the Agency name and docket vertebral column (excluding the Inspection Service (FSIS) is amending number 03–025IFA. vertebrae of the tail, the transverse its interim final rule, ‘‘Prohibition of the All comments submitted in response processes of the thoracic and lumbar Use of Specified Risk Materials for to this amended interim final rule, as vertebrae, and the wings of the sacrum), Human Food and Requirements for the well as research and background and dorsal root ganglia (DRG) of cattle Disposition of Non-Ambulatory Cattle,’’ information used by FSIS in developing 30 months of age and older, and the published in the Federal Register on this document, will be available for distal ileum of the small intestine and January 12, 2004. The amendments public inspection in the FSIS Docket tonsils from all cattle (9 CFR 310.22(a)). permit beef small intestine, excluding Room at the address listed above FSIS designated these materials as the distal ileum, to be used for human between 8:30 a.m. and 4:30 p.m., SRMs because they have been found to food, provided that such product is Monday through Friday. The comments contain BSE infectivity at some point derived from cattle that were also will be posted on the Agency’s Web during the disease incubation period. slaughtered in an official establishment site at http://www.fsis.usda.gov/ Furthermore, the Agency determined _ _ in the United States or in a certified regulations & policies/ that SRMs should be declared as _ _ _ _ _ foreign establishment from a foreign 2005 Interim & Final Rules Index/ inedible because, as stated in the country that is eligible to export beef index.asp. preamble to the SRM rule, they present products to the United States. Although FOR FURTHER INFORMATION CONTACT: Dr. a sufficient risk of exposing humans to the distal ileum is the only portion of Daniel Engeljohn, Deputy Assistant the BSE agent so as to render them the small intestine in which BSE Administrator, Office of Policy, ‘‘unfit for human food’’ within the infectivity has been confirmed, the Program, and Employee Development, meaning of section 1(m)(3) of the January 2004 interim final rule requires FSIS, U.S. Department of Agriculture, adulteration provisions of the Federal that the entire small intestine of all 1400 Independence Avenue, SW., Meat Inspection Act (FMIA) (21 U.S.C. cattle be removed and disposed of as Washington, DC 20250–3700, (202) 205– 601(m)(3)). For a detailed explanation of inedible. FSIS is taking this action based 0495. FSIS’’ rationale for designating these on the Agency’s evaluation of this issue SUPPLEMENTARY INFORMATION: tissues as SRMs, including the and of the comments received on the supporting scientific studies, refer to the interim final rule, as well as comments Background preamble to ‘‘Prohibition of the Use of received on an advance notice of On January 12, 2004, FSIS issued a Specified Risk Materials for Human proposed rulemaking published in July series of three interim final rules to Food and Requirements for the 2004. FSIS has concluded that the distal minimize human exposure to materials Disposition of Non-ambulatory Disabled ileum can be effectively removed from that scientific studies have Cattle.’’ the rest of the small intestine. FSIS has demonstrated contain the BSE agent in FSIS designated the distal ileum from determined that removal of the distal cattle infected with the disease. FSIS all cattle as an SRM because, in cattle ileum in accordance with the issued the rules in response to the infected with BSE under experimental amendments in this document will diagnosis on December 23, 2003, of BSE conditions, infectivity was confirmed in

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the distal ileum in the early stages of the provided another opportunity for point 36 to 80 inches from the cecum, disease. To ensure effective removal of interested parties to comment on which leaving behind the remaining edible the distal ileum, FSIS requires that the portions of the intestine of cattle should portions of the small intestine. entire small intestine be removed and be removed to prevent potentially According to the commenters, leaving disposed of as inedible (9 CFR infective material from entering the the ileum attached to the cecum at this 310.22(a)(3)). However, in the preamble human food supply (69 FR 42287, initial stage provides an easily verifiable to the SRM rule, FSIS noted that beef 42296). The comment period for the point of reference for on-line inspectors. processors may be able to effectively APHIS/FSIS/FDA ANPR closed on The next step in this procedure is to remove the distal ileum from the rest of September 13, 2004. separate the 36 to 80 inch portion of the the small intestine and requested Most of the comments submitted to intestine that contains the ileum from comments on this issue (69 FR 1862, the Agency on this issue requested that the cecum at the ileocecal orifice, 1869). FSIS amend the SRM rule to require the leaving the cecum and the large On July 14, 2004, the Food and Drug removal and disposal of only the distal intestine for edible use. Administration (FDA) issued an interim ileum and allow the remaining portion Another commenter described a final rule, ‘‘Use of Materials Derived of the small intestine to be used for procedure that uses a ‘‘Small Intestine From Cattle in Human Food and human food. As stated by the Processing Machine’’ that was Cosmetics’’ (also referred to as ‘‘the FDA commenters, infectivity has been developed in Japan approximately 10 rule’’ or ‘‘the prohibited cattle materials confirmed only in the distal ileum of the years ago specifically for the harvest of rule’’), that extends the measures to small intestine of cattle infected with the jejunum of the intestine for export prevent human exposure to the BSE BSE under experimental conditions, and to Japan. As presented by the agent issued by FSIS to FDA-regulated the technology exists to effectively commenter, the Small Intestine human food and cosmetics (69 FR remove the distal ileum from the rest of Processing Machine strips the fat from, 42255). In its rule, FDA designates the small intestine. The commenters washes, and then splits the jejunum certain materials from cattle as noted that, before the issuance of the lengthwise, and cuts the small intestine ‘‘prohibited cattle materials’’ and SRM rule, FSIS had approved a into sections without leaving any part of prohibits the use of such materials for standard operating procedure to certify the distal ileum attached. The human food, including dietary the removal of the distal ileum from the commenter stated that the harvest supplements, and cosmetics (21 CFR remaining portions of beef small procedures using the Small Intestine 189.5 and 21 CFR 700.27). Among the intestine intended for export to Japan. Processing Machine require that the materials designated as prohibited cattle As stated by the commenters, the uncoiled and untrimmed jejunum materials by the FDA are SRMs, the procedure approved by FSIS requires portion of the small intestine be cut at small intestine from all cattle, and the removal of at least 80 inches of the least 72 cm or 30 inches from the cecum material from cattle not inspected and small intestine as measured from the end of the small intestine, which is passed for human consumption. junction of the ileum and the cecum. equal to approximately 80 inches of the Materials that were designated as SRMs To further support their argument, split, washed, and trimmed small in the FDA rule are the same as the several commenters provided a detailed intestine. According to the commenter, materials designated as SRMs by FSIS. anatomical description of the small this removal procedure exceeds the total Although FDA designated the distal intestine of cattle, along with pictures length of the distal ileum of the small ileum of the small intestine from cattle and diagrams of the anatomy of the intestine and includes a portion of the as an SRM, like FSIS, it prohibits the small intestine, which they asserted can jejunum as a precaution. use of the entire small intestine for be used to develop a model of This same commenter stated that the human food. Consistent with the certification of the removal and disposal harvest procedures for the Small amendments to the SRM interim final of the distal ileum. According to the Intestine Processing Machine require rule that FSIS is issuing in this commenters, this description was that the entire intestinal tract of the document, FDA intends to issue an developed with full scientific oversight digestive system be laid out in full view amendment to its prohibited cattle and has widespread support within the prior to starting the separation process, materials rule to permit, under certain beef processing, casing, and beef by- which makes accurate identification and circumstances, the manufacture and use product industry. removal of the distal ileum possible. of beef casings derived from beef small Many commenters also described, in The commenter provided pictures intestine, excluding the distal ileum, for detail, examples of verifiable procedures depicting the location of the distal human food and cosmetics. for the effective removal of the distal ileum, cecum, and jejunum portions of ileum. One procedure described in the the small intestine and noted that as the Comments Received on Procedures for comments begins with the removal of distal ileum joins the cecum, it is Removal of the Distal Ileum the small intestine from the abomasum. distinct from the jejunum, duodenum, In response to the SRM rule, FSIS Under this procedure, the small and colon. The commenter also received several comments from beef intestine is separated from the cecum at explained that as the separation of the processors, the natural casing industry, the ileocecal orifice, and the ileum is jejunum (small intestine) is done by the the beef by-product industry, and separated from the jejunum at the Small Intestine Processing Machine, the importers and exporters of natural flange. According to the commenters, harvest is only completed between the casings and beef by-products on the the resulting portion that contains the initial cut on the cecum end and the need to exclude the entire small distal ileum would measure 36 to 72 final cut adjacent to the duodenal intestine from the human food supply. inches in length depending on the age jejunal flexure. On July 14, 2004, APHIS, FSIS, and the and size of the animal. Several commenters indicated that Food and Drug Administration (FDA) Another procedure described in the because of the distinct shape of the issued an Advance Notice of Proposed comments also begins with removal of distal ileum of cattle, FSIS inspection Rulemaking (ANPR), ‘‘Federal Measures the small intestine from the abomasum, program personnel could easily verify To Mitigate BSE Risks: Considerations except that under this procedure the the effective removal of this portion of for Further Action,’’ (also referred to as small intestine remains attached to the the small intestine. Furthermore, the APHIS/FSIS/FDA ANPR) that cecum, and the separation is made at a commenters from the natural casing

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industry stated that because of its intestine from the human food supply in Agency is evaluating whether it is physical properties, particularly the fact the United States. In addition, as noted appropriate to consider these materials that it has no curve and an irregular by the commenters, such an approach adulterated if they originate from a thick surface, the distal ileum is not would be consistent with guidelines country considered to have a BSE-free useable as a natural casing for sausage established by the World Organization risk status. Until FSIS has an products. Thus, these commenters for Animal Health (the OIE), which opportunity to resolve this issue, the noted, many slaughter establishments in recommend that countries restrict the Agency has decided that all materials the United States and Canada had a importation of beef small intestines and designated as SRMs, including the distal policy of removing the distal ileum from other potentially infective materials on ileum, should be excluded from the all cattle at the time of slaughter prior the basis of the BSE risk classification human food supply, regardless of their to the effective date of the SRM rule. of the region of origin. country-of-origin. FSIS will continue to Furthermore, as stated by the FSIS’ regulations governing the evaluate the issue, and if the Agency commenters, prior to the effective date importation of meat and meat products determines that an exemption is of the SRM rule, slaughter from foreign countries into the United appropriate for countries considered to establishments in Brazil, Argentina, and States prohibit the importation of any have a BSE-free risk status or negligible Uruguay, the three countries that are the product that is adulterated or BSE risk under OIE guidelines, the major exporters of natural casings to the misbranded, or that does not comply Agency will take appropriate action. United States, had all been able to with the regulatory requirements that Other commenters, including a certify the removal of the distal ileum would apply to it if it were a domestic private consultant, consumer advocacy using achievable standards when product (9 CFR 327.3(a)). The FSIS organization, and members of the requested to do so by their U.S. import regulations at 9 CFR 327.4(a) restaurant industry, recommended that customers. One commenter submitted a also require that fresh meat or fresh FSIS expand the prohibition on the use CD–ROM on ‘‘Details of Beef Casing meat by-products consigned to the of small intestine from cattle for human Production in Brazil: Eliminating the United States from a foreign country be food to include the entire intestine, both Distal Ileum,’’ which, according to the accompanied by a foreign meat large and small. Some of these commenter, demonstrates the distinct inspection certificate, signed by the comments noted that while certain appearance of the bovine ileum. The official authorized by the national sections of the intestine were tested commenters also noted that Brazil, foreign government to issue inspection with no infectivity, not every section of Uruguay, and Argentina are countries certificates for meat and meat by- the intestine was subjected to the that are generally recognized as having products exported to the Unites States, bioassay in the pathogenesis studies a negligible BSE risk by the that certifies, among other things, that conducted in the United Kingdom. One international community. such products are not adulterated or comment asserted that instead of misbranded, and that such products assuming that the untested section of Other Comments on Removal of the have been handled in a sanitary manner the intestine are devoid of infectivity, Small Intestine and are otherwise in compliance with FSIS should err on the side of caution In addition to the comments that requirements equivalent to those in the when it comes to protecting public presented procedures for removing the FMIA and its implementing regulations. health. distal ileum, FSIS received other The regulations, 9 CFR 327.3(a) and 9 Some comments, one of them citing comments on whether the entire small CFR 327.4(a), make clear that to be an unpublished study, mentioned that intestine from cattle should be excluded eligible for importation into the United positive immunostaining has been from the human food supply. Some States, meat products from foreign identified along the length of the commenters, including members of the countries must present no greater risk to intestine, providing evidence for the natural casing industry, importers and human health than products that were entire intestine to be considered SRM exporters of natural casings and beef by- produced domestically in the United under European Union regulations. To products, and foreign countries that States, and that to achieve the better understand the implications of consider themselves to be ‘‘BSE-free,’’ appropriate level of public health this finding FSIS contacted the such as Australia, New Zealand, protection, such products must comply commenter to obtain more information Uruguay, and Argentina, suggested that with regulatory requirements equivalent on the study. The commenter explained FSIS consider a country’s BSE risk to those required by FSIS. that the statement that positive status when determining which portions Thus, if FSIS were to exempt immunostaining has been identified of the intestine, if any, should be countries with a BSE-free risk status (or along the length of the intestine was removed and disposed of as inedible. negligible BSE risk under OIE based on a misunderstanding of a report Most of these commenters also guidelines) from some or all of the on a published study. requested that FSIS exempt countries provisions of the SRM rule, as requested The commenter clarified that there are recognized as ‘‘BSE-free’’ or by some of the commenters, any published studies in which positive ‘‘provisionally free’’ by the international products eligible for importation into immunostaining has been identified in community from all provisions of the the United States would be required to the distal ileum portion of the enteric SRM rule.1 comply with 9 CFR 327.3(a) and 9 CFR nervous system (ENS) of naturally According to the commenters, a 327.4(a), i.e., they could not be infected and experimentally challenged country’s BSE-free risk status provides adulterated or misbranded, and would cattle with BSE. However, the the same level of protection from human be required to comply with commenter maintained that FSIS should exposure to the BSE agent as does requirements that are equivalent to designate the entire intestine, both large exclusion of SRMs and beef small those in the FSIS SRM rule. As stated and small, as SRM because the ENS above, in response to the confirmation runs through the length of the intestinal 1 The international guidelines established by the of BSE in the cow in Washington State, tract and other areas of the ENS from OIE have been revised since FSIS issued the SRM FSIS currently considers the distal naturally occurring cases of BSE have interim final rule. The OIE guidelines in the 2005 Terrestrial Animal Health Code provide for a BSE ileum and all other SRMs from U.S. not yet been examined for infectious ‘‘negligible risk’’ category instead of the ‘‘BSE-free’’ domestic cattle as adulterated under prion staining. Thus, stated the and ‘‘provisionally free’’ categories. section 1(m)(3) of the FMIA. The commenter, if other areas of the

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intestinal tract were subjected to mammals, many areas within the docket room). None of these samples immunostaining, one might expect to mammalian gastrointestinal tract could have been subjected to a cattle bioassay. find positive immunostaining in theoretically be capable of harboring FSIS is aware of one small experiment portions of the intestinal tract other than abnormal prions. TSE infectious agents in which immunostaining was the distal ileum. The commenter also that enter susceptible animals through attempted on gastrointestinal tissue noted that, although immunostaining oral consumption of infectious material outside of distal ileum. The study was attempted and found negative on appear to gain access to the CNS involved three calves that were orally sections of the intestine other than the through the nerves that innervate the infected with the BSE agent and distal ileum of experimentally gastrointestinal tract. Infection may sacrificed six months later. In the study, challenged cattle, this study was involve a first step of presentation to immunostaining was negative in all extremely limited with regard to the lymphatic tissues and may also occur by locations tested except for the Peyers testing of tissues other than the distal direct invasion of nerve endings in the Patches of the distal ileum (Ref. 10, ileum (i.e., tissues from 3 calves intestinal mucosa (Ref. 7, available for available for viewing by the public in sacrificed 6 months post-exposure). viewing by the public in the FSIS the FSIS docket room). Also, as stated by the comments, docket room). Both gut-associated When it issued the SRM interim final according to the E.U. Scientific Steering lymphoid tissue (GALT) and ENS tissue rule, FSIS acknowledged that available Committee (SSC), intestine should be are present throughout the intestinal data on the development and SRM because infection from BSE comes tract. distribution of tissue infectivity in BSE from ingesting contaminated feed and However, despite this theoretical risk, infected cattle are incomplete and that slaughterhouse contamination of other the only bovine GALT found to be additional studies using cattle bioassays intestinal areas with matter from the positive for BSE infectivity thus far has were being conducted to ensure that low ileum cannot be avoided. Many of the been in the Peyers Patches of the distal levels of infectivity that may not have comments also noted that the ileum of calves infected with BSE under been detected using mouse bioassays are International Review Team (IRT) experimental conditions. Two other not missed (69 FR 1862, 1864–1865, appointed by the Secretary of GALT tissues from natural field cases, January 12, 2005). However, on the basis Agriculture in January 2004 to assess spleen and mesenteric lymph nodes, of the findings described above, FSIS the U.S. Government’s response to the have been subjected to mouse bioassays has concluded that bovine intestinal detection of BSE in the cow in and found to be non-infectious (Ref. 8, tissues other than the distal ileum are Washington State recommended that the available for viewing by the public in either unlikely to contain BSE SRM definition be adjusted to include the FSIS docket room). Spleen and infectivity or contain infectivity below the entire intestine, from pylorus to mesenteric lymph node samples from the level of detection using the mouse anus, of all cattle. experimentally dosed calves have also bioassay. Furthermore, FSIS has also After considering these comments, been subjected to mouse bioassays with concluded that, due to the availability of FSIS has not changed its conclusion similar results. procedures to remove the distal ileum, that, when the distal ileum is effectively A component of the ENS is the the fact that infectivity has been removed, beef small intestine that myenteric plexus that courses within confirmed only in the distal ileum has complies with the requirements of this the length of the intestinal wall (Ref. 9, the most significant implications for interim final rule presents no greater available for viewing by the public in human health. risk of introducing the BSE agent into the FSIS docket room). Distal ileum Thus, FSIS has determined that the human food supply than do other sections of the intestine from cattle that designating the distal ileum as SRM is beef products permitted for use as acquired natural field cases of BSE have a prudent and appropriate measure to human food in the United States. As been examined for the presence of prevent human exposure to the BSE discussed below, this conclusion is abnormal prion protien through agent in the United States. The Agency based on the information available to immunostaining, and the ganglion cells has also determined that it is not the Agency with regard to BSE of the myenteric plexus were found to necessary to designate the entire small infectivity in the intestine of cattle, contain abnormal prions in 9 out of 29 intestine or the large intestine as an together with the availability of samples (Ref. 10, available for viewing SRM. procedures to effectively remove the by the public in the FSIS docket room). Future research that has been distal ileum. Other areas of the ENS system from recommended by the European SSC FSIS is not aware of any studies in naturally occurring cases of BSE have includes cattle bioassay and more which BSE infectivity has been not yet been examined for abnormal sensitive prion detection testing of confirmed in any portion of the prion protein through immunostaining. many of the cattle tissues described intestinal tract of cattle other than the Gastrointestinal tissue from BSE field above (Ref. 12, available for viewing by distal ileum. The animal studies of TSEs cases were subjected to and found non- the public in the FSIS docket room). that indicate infectivity along the entire infective by mouse bioassay include a Stored tissue is available for this intestinal tract that the Agency is aware sample of the splanchnic nerve, as well purpose in the United Kingdom. A of involve animal species other than as samples of rumen, omasum pathogenesis study underway in cattle (Ref. 1–6, available for viewing by abomasum, proximal small intestine, Germany will also provide tissue from the public in the FSIS docket room). distal small intestine, proximal colon, cattle incubating BSE for more Although the data on TSEs in other distal colon, and rectum (Ref. 8, definitive testing (Ref. 13, available for animal species may represent the available for viewing by the public in viewing by the public in the FSIS distribution of infectivity in those the FSIS docket room). From the U.K. docket room). species, these data may not represent pathogenesis studies, in which calves The Agency supports the need for the the distribution of infectivity in cattle as were orally dosed with BSE-infectious research being conducted with regard to evidenced by the studies discussed materials, samples of rumen, omasum, BSE and other TSEs. On March 18, below. abomasum, duodenum, and spirial 2005, the Secretary of Agriculture The Agency recognizes that, based on colon were found to be non-infective by announced that almost $2 million in the structure and function of cells that mouse bioassay (Ref. 11, available for funding has been redirected to enhance make up the gastrointestinal tract of viewing by the public in the FSIS research on BSE (‘‘Johanns Announces

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Expansion of BSE Research Program and FSIS is amending the SRM interim final must incorporate these procedures into Research Initiative to Improve Food rule to permit for use as human food its HACCP plan or Sanitation SOPs or Safety,’’ USDA press release no. beef small intestine, excluding the distal other prerequisite program. FSIS has 0097.05, March 18, 2005). The BSE ileum, derived from cattle slaughtered concluded that procedures that require research funds, redirected by USDA’s in official U.S. establishments or in removal of at least 80 inches of the Agricultural Research Service, will be certified foreign establishments in uncoiled and trimmed small intestine as used for newly funded BSE projects and countries listed by FSIS in 9 CFR measured from the ceco-colic junction facilities. Many of these newly funded 327.2(b) as eligible to export meat and progressing proximally towards the projects involve international products to the United States.2 This is jejunum comply with this requirement. collaboration with researchers from the a requirement that all meat and meat The Agency believes that this standard United Kingdom and other European food products must comply with to be is sufficiently conservative to ensure countries. While FSIS believes that the eligible for use as human food in the removal of the distal ileum despite primary tissues of concern for spreading United States. In addition, FSIS will not differences in length of the intestinal the BSE agent have been identified, the permit natural casings derived from beef tract or its segments between breeds or Agency will use the results of futures small intestine, excluding the distal variations from animal to animal of the studies on BSE to further refine this ileum, to be used as containers of meat same breed. However, establishments determination and inform its policies food products unless the casings are may propose alternative standards if with regard to BSE. derived from cattle that have been they can demonstrate that such FSIS disagrees with the comment that inspected and passed in an official U.S. standards are as effective as the slaughterhouse contamination of other establishment or in a certified foreign standards described above in ensuring intestinal areas with matter from the establishment. that the entire distal ileum is completely ileum cannot be avoided. As discussed 9 CFR 327.1(b) of FSIS’ import removed. earlier in this document, the FSIS SRM regulations provides that compliance APHIS’ regulations prohibit or restrict interim final rule requires that with the conditions of importation the importation of most ruminants and establishments develop, implement, and under FSIS’ regulations does not excuse ruminant products, including beef maintain written procedures for the the need for compliance with applicable intestines and casings, from countries removal, segregation, and disposition of requirements under other laws, listed by APHIS as presenting a risk of SRMs, and that they incorporate these including the provisions in 9 CFR parts introducing BSE into the United States. procedures into their HACCP plans, 94, 95, and 96 of APHIS’ regulations. As discussed above, to be eligible for Sanitation SOPs or other prerequisite Thus, under the amendments to the importation under FSIS’ regulations, programs (9 CFR 310.22(d)(1)). These SRM interim final rule described in this beef small intestine must comply with procedures must ensure that all SRMs, document, beef small intestine derived both FSIS’ and APHIS’ import including the distal ileum, are from cattle that have been in countries regulations. completely removed from the carcass, listed by APHIS in 9 CFR 94.18(a) as Jurisdiction segregated from edible products, and regions that present a risk of introducing Under section 1(j) of the FMIA, disposed of in an appropriate manner as BSE into the United States will continue products from cattle that contain meat prescribed by 9 CFR 314.1 and 9 CFR to be subject to importation restrictions or other portions of the carcass only in 314.3 (i.e., used for inedible rendering, established by APHIS. APHIS’ incinerated, or denatured). FSIS is a relatively small proportion or that regulations at 9 CFR parts 94, 95, and historically have not been considered by responsible for ensuring the adequacy 96 prohibit or restrict the importation of and effectiveness of the establishment’s consumers as products of the meat food beef products and by-products, as well industry are not considered ‘‘meat food procedures. as casings (except stomachs), from cattle As stated throughout this document, products’’ subject to regulation by FSIS that have been in any of the regions FSIS has determined that beef (21 U.S.C. 601(j)). Thus, while listed by APHIS in 94.18(a). FSIS and processors have the technology to unprocessed bovine small intestine is APHIS work closely together to ensure effectively remove the distal ileum from regulated by FSIS as a meat food that meat and meat products imported the intestine of cattle. Thus, the Agency product, stripped and cleaned casings into the United States comply with the has concluded that when establishments derived from the small intestine of cattle regulatory requirements of both incorporate their technologies for have historically been regulated by agencies. FSIS and APHIS will continue removing the distal ileum into their FDA. to work together to ensure that the HAACP plan or Sanitation SOP or other As discussed above, FSIS has decided agencies maintain a consistent policy prerequisite program, they will be able to permit for use as human food beef with regard to the importation of beef to effectively remove the distal ileum in small intestine, excluding the distal small intestines. ileum, derived from cattle slaughtered a manner that does not contaminate The amendments to the interim final edible materials. in official U.S. establishments or in rule also require that establishments certified establishments in foreign Amendments to SRM Interim Final that process beef small intestine for countries that FSIS considers eligible to Rule human food have in place procedures to export meat and meat products to the After carefully evaluating this issue ensure that the distal ileum is United States. However, because the and the comments submitted on the effectively removed. As provided in 9 amendments to the SRM interim final removal of the distal ileum, including CFR 310.22(d)(1), the establishment rule described in this document are not the anatomical descriptions and intended to affect the regulatory 2 Once a country is listed in 9 CFR 327.2(b) as diagrams of the bovine small intestine, eligible to export meat and meat products to the authority of either FSIS or FDA, as well as the detailed descriptions of United States, it must maintain a meat inspection jurisdiction over a product derived from the procedures for removal of the distal system that is equivalent to that of the United small intestine will continue to depend ileum, FSIS has concluded that States. If it does not, FSIS will not permit meat on whether the product is considered a products from that country to be imported into the processors have the technology to United States. FSIS conducts audits of eligible meat food product as defined in the effectively remove the distal ileum from foreign countries meat inspection systems at least FMIA. Thus, unprocessed beef small the rest of the small intestine. Therefore, annually. intestine will continue to be regulated

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by FSIS, and stripped and cleaned that establishments remove the entire Executive Order 12866 and Regulatory natural casing derived from bovine small intestine of all cattle and dispose Flexibility Act small intestine will continue to be of it as inedible. Instead, it will specify These amendments to the January 12, regulated by FDA. the conditions under which the small 2004 interim final rule have been However, although they are regulated intestine from cattle is permitted to be determined to be significant and by FDA, natural beef casings are used as used for human food. These conditions therefore, have been reviewed by the containers for certain meat food were described in detail earlier in this Office of Management and Budget. products. Therefore, before FSIS applies document. The interim final rule of January 12, the mark of inspection to a meat food The regulations in 9 CFR 318.6(b)(1) 2004 (69 FR 1862) included a product encased in a natural beef casing provide that casings from cattle may be Preliminary Regulatory Impact Analysis derived from the small intestine, the used as containers of products provided (PRIA) that was made available for Agency will require that the the casings are not derived from the comment on April 7, 2004 (69 FR establishment provide documentation small intestine. FSIS is amending 18245). The PRIA indicated that benefits that demonstrates that the small paragraph (b)(1) to permit casings from of the SRM interim final rule were intestine from which the casing was cattle that are derived from the small primarily those resulting from the derived complies with the requirements intestine to be used as containers if the reduction in human exposure to BSE in the amendments to the SRM interim small intestine complies with the infectivity and the restoration of beef final rule. requirements in 9 CFR 310.22(a)(3) as exports. The PRIA estimated that amended. The amendments to Small Business Considerations paragraph (b)(1) also require that designating beef small intestines, One of the reasons that FSIS is at this establishments that use casings derived including the distal ileum, from cattle of time issuing these amendments to the from the small intestine of cattle as all ages as a specified risk material did SRM interim final rule to allow the use containers for products demonstrate, not result in a significant reduction in of beef small intestine, excluding the through documentation, that the small potential human exposure to BSE. As distal ileum, for human food is that the intestine from which the casing was discussed elsewhere in this document, Agency has received several comments derived complies with the requirements the distal ileum was designated as an in response to the SRM rule and the in 9 CFR 310.22(a)(3) as amended. SRM because BSE infectivity has been APHIS/FSIS/FDA ANPR from small 9 CFR 318.6(b)(8) prohibits small demonstrated in the distal ileum after companies that manufacture sausages intestine from cattle for use in any meat oral exposure to the BSE agent. and other products encased in natural food product or for edible rendering. Although BSE infectivity was not beef casings, as well as from FSIS is amending paragraph (b)(8) to demonstrated in the remaining part of manufacturers of ethnic foods, that permit small intestine from cattle to be the small intestine, the interim final rule indicate that the prohibition on the use used in a meat food product or for required the removal of the entire small of the entire small intestine for human edible rendering if it complies with the intestine to ensure effective removal of food is having an adverse economic requirements in 9 CFR 310.22(a)(3) as the distal ileum. Therefore, this action impact on small and very small amended. does not change the reduction in human businesses. As noted by the exposure to BSE estimated in the PRIA. Effective Date and Opportunity for commenters, beef round casings, which The effect of amending the SRM Public Comment are derived from the small intestine of interim final rule would be to increase cattle, are used in a wide assortment of Because FSIS has already provided the supplies of beef small intestines and sausage products, as well as in specialty the public with opportunities to beef natural casings manufactured from sausages. The commenters stated that comment on the issues raised in this beef small intestine (beef casings) that processors can substitute collagen document (once in response to the SRM do not contain the distal ileum, and casing for some types of sausage made interim final rule published on January that, prior to the implementation of the from natural beef rounds, but this 12, 2004 and again in response to the SRM rule, were used for human food. generally results in a lower quality APHIS/FSIS/FDA ANPR published on Although the SRM interim final rule product with a decreased market value. July 14, 2004), and because the designated the distal ileum of all cattle Although some companies had stocks restrictions on the use of the small as an SRM, to ensure effective removal of natural casings from cattle intestine for human food are adversely of the distal ileum, it required that the slaughtered prior to January 12, 2004, affecting small businesses without entire small intestine be removed and the date that the SRM interim final rule providing any public health benefits, disposed of as inedible. Thus, as a result went into effect, these companies have the amendments to the SRM interim of the SRM rule, the supplies of beef informed FSIS that their existing final contained in this document will small intestine and natural casings supplies of natural beef casings will become effective before the comment derived from beef small intestine soon be exhausted. Permitting the use of period closes. FSIS will consider any produced after the effective date of the beef small intestine, excluding the distal comments received during the comment SRM rule were prohibited for use as ileum, will relieve some of the period for this amended interim final human food. economic burden that the prohibition rule (see DATES above). After that One of the impacts on consumers of on the use of the entire small intestine comment period closes, the Agency will this prohibition of the use of beef small for human food has imposed on these publish another document in the intestine for human food has been the small entities. Federal Register. The document will loss of food products in marketplaces include a discussion of all comments where the only suitable casings are beef Summary of the Amendments received in response to the SRM interim casings. These types of food products As discussed above, FSIS is amending final rule, the APHIS/FSIS/FDA ANPR, that typically use beef casings include the SRM interim final rule to permit, and the amendments to the SRM interim sausages such as salami, hard salami, under certain conditions, the use of beef final rule described in this document. It thuringer, European-type sausages such small intestine, excluding the distal will also include any amendments to as braunschweiger, metwurst, and ileum, for human food. As amended, 9 the SRM interim final rule made as a supressa, basterma, and Arabic CFR 310.22(a)(3) will no longer require result of those comments. sausages, some pate´s, and a variety of

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other food products largely sold in beef casings in the production of meat Paperwork Requirements ethnic markets. Suitable substitutes for products prior to the implementation of The SRM interim final rule included beef casings do not exist or are generally the SRM interim final rule in January of a paperwork analysis (61 FR 38862) inadequate for some of these types of 2004. However, it believes that the prepared in accordance with the food products. For example, cellulosic, number of domestic establishments Paperwork Reduction Act. FSIS has collagen, fibrous, muslin or synthetic producing such products was small. As determined that the corrections and casings, or hog or sheep casings are, in discussed elsewhere in this document, amendments in this rule do not change many cases, not adequate substitutes for the Agency has received comments from any information collection burden beef natural casings for use in producing small companies that indicate that the hours. some sausages, or some types of prohibition on the use of the entire traditional ethnic products. Another small intestine for human food is having Additional Public Notification impact on consumers of this prohibition an adverse economic impact on some Public awareness of all segments of has been the loss of food products in small and very small businesses. Most rulemaking and policy development is ethnic marketplaces where beef small of these commenters are manufactures important. Consequently, in an effort to intestines were sold as variety meats, or of meat food products encased in ensure that the public and in particular food products were sold that used beef natural beef casing. These amendments minorities, women, and persons with small intestines as an ingredient of will help to relieve some of this disabilities, are aware of this amended manufactured food products or edible economic burden. However, FSIS is interim final rule, FSIS will announce it rendered food products. Suitable unable to determine the number of on-line through the FSIS Web page substitutes for beef small intestines as small entities that will benefit from this located at http://www.fsis.usda.gov/ variety meats do not exist or are action. regulations_&_policies/ The economic impact of the measure generally inadequate for some of these 2005_Interim_&_Final_Rules_Index/ types of products. on manufacturers of casings produced index.asp. The Regulations.gov Web site The PRIA of the SRM interim final from other sources is not significant. is the central online rulemaking portal rule estimated that approximately 160 The availability of natural beef casings million pounds of small intestines, may reduce the demand for some of the United States government. It is including the distal ileum, were cellulosic, collagen, synthetic, or other being offered as a public service to removed from the human food supply. types of casings. However, the reduction increase participation in the Federal The net revenue lost by excluding the is not expected to be significant, given government’s regulatory activities. FSIS entire small intestine from the food the long-term trend in the use of these participates in Regulations.gov and will supply, was estimated to be an average types of non-natural casings. accept comments on documents of $27.6 million ($20.6 to $34.5 million) Therefore, the Agency has determined published on the site. The site allows per year for the food industry, after the that these amendments to the interim visitors to search by keyword or implementation of the rule. Of the $27.6 final rule will not have a significant Department or Agency for rulemakings million in net annual revenue lost as a economic impact on a substantial that allow for public comment. Each result of the interim final rule, the PRIA number of small entities, as defined by entry provides a quick link to a estimated that an average of $16.6 the Regulatory Flexibility Act (5 U.S.C. comment form so that visitors can type million ($13.0 to $20.6 million) resulted 601). in their comments and submit them to from exclusion of the distal ileum and The PRIA estimated that the SRM FSIS. The Web site is located at an average of $10.9 million from the interim final rule would have a minimal http://www.regulations.gov/. remaining parts of the small intestine impact on U.S. meat production and FSIS also will make copies of this (see page 24 of the analysis). Therefore, beef prices paid by consumers, because Federal Register publication available this action is estimated to restore an these products are a very small amount through the FSIS Constituent Update, average of $10.9 million ($2.9 to $19.0 of total beef production. Therefore, which is used to provide information million) in net revenues lost as a result allowing the small intestine, excluding regarding FSIS policies, procedures, of the interim final rule. the distal ileum, for use as human food regulations, Federal Register notices, In the PRIA, the Agency estimated, by as provided in this action will not have FSIS public meetings, recalls, and other survey, that approximately 47 federally- a significant impact on the food types of information that could affect or inspected establishments, that were industry and consumers. would be of interest to our constituents primarily large establishments, were The availability of these types of and stakeholders. The update is affected by the value lost of beef small casing will reduce the demand for some communicated via Listserv, a free e-mail intestines that were used for food cellulosic, collagen, synthetic, or other subscription service consisting of products and to manufacture beef types of casings. However, the reduction industry, trade, and farm groups, casing. The amendment would allow is not expected to be significant, given consumer interest groups, allied health some of these 47 establishments to the long-term trend in the use of these professionals, scientific professionals, resume their sales of beef small types of non-natural casings. and other individuals who have intestines, beef casing, and food requested to be included. The update products that use the imported beef Executive Order 12988 also is available on the FSIS Web page. casings. Thus, some of the 47 This amendment to the SRM interim Through Listserv and the Web page, establishments or firms are expected to final rule has been reviewed under FSIS is able to provide information to a recover some of the value lost through Executive Order 12988, Civil Justice much broader, more diverse audience. these new sales because of the Reform. In this interim final rule: (1) All In addition, FSIS offers an e-mail amendment. The Agency is unable to state and local laws and regulations that subscription service which provides an estimate the number of establishments are inconsistent with this rule will be automatic and customized notification that would resume the sales of beef preempted; (2) no retroactive effect will when popular pages are updated, small intestines and their associated be given to this rule; and (3) including Federal Register publications food products. administrative proceedings will not be and related documents. This service is Also, the Agency is unable to estimate required before parties may file suit in available at http://www.fsis.usda.gov/ the number of establishments that used court challenging this rule. news_and_events/email_subscription/

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and allows FSIS customers to sign up 9. A.L.R. Findlay. Motility of the otherwise eligible for importation under for subscription options across eight gastrointestinal tract of ruminants. 98. 9 CFR 327.1(b), and categories. Options range from recalls to Physiological laboratory, University of (ii) The distal ileum is removed by a export information to regulations, Cambridge. 2004. procedure that removes at least 80 directives and notices. Customers can 10. Terry L.A., S. Marsh, S.J.Ryder, inches of the uncoiled and trimmed add or delete subscriptions themselves S.A. Hawkins, G.A. Wells, Y.I. Spencer, small intestine as measured from the and have the option to password protect ‘‘Detection of Disease-Specific PrP in ceco-colic junction and progressing their account. the Distal Ileum of Cattle Exposed Orally to the Agent of Bovine proximally towards the jejunum or by a References Spongiform Encephalopathy,’’ procedure that the establishment 1. Jeffrey, M., S. Ryder, S. Martin, et Veterinary Record, 152(13): 387–92 demonstrates is effective in ensuring al., ‘‘Oral Inoculation of Sheep With the 2003. complete removal of the distal ileum. Agent of Bovine Spongiform 11. Wells, G.A.H., M. Dawson, S.A.C. * * * * * Encephalopathy (BSE). 1. Onset and Hawkins, et al., ‘‘Infectivity in the Ileum Distribution of Disease-Specific PrP of Cattle Challenged Orally to the Agent PART 318—ENTRY INTO OFFICIAL Accumulation in Brain and Viscera,’’ of Bovine Spongiform Encephalopathy,’’ ESTABLISHMENTS; REINSPECTION Journal of Comparative Pathology, 124: Veterinary Record, 135: 40–41, 1994. AND PREPARATION OF PRODUCTS 280–289, 2001. 12. Scientific Steering Committee. 2. Bons, N., S. Lehmann, N. Nishida, SSC Opinion on BSE risk of the bovine I 3. The authority citation for part 318 et al., ‘‘BSE Infection of the Small Short- autonomic nervous system (Adopted by continues to read as follows: Lived Primate Microcebus Murinus,’’ the Scientific Steering Committee Authority: 7 U.S.C. 38F, 450, 1901–1906; Comptes Rendus Biologies, 325: 67–74, Meeting at its meeting of 6–7 March 21 U.S.C. 601–695; 7 CFR 2.18, 2.53. 2002. 2003. Health and Consumer Protection 3. Herzog, C., N. Sales, N. Etchegaray, Directorate-General (EC). I 4. Section 318.6 is amended to revise et al., ‘‘Tissue Distribution of Bovine 13. ProMED mail. BSE, ORAL paragraphs (b)(1) and (b)(8) to read as Spongiform Encephalopathy Agent in CHALLENGE TRIAL 03). ProMED-mail follows: Primate After Intravenous or Oral 2004 20040524.1384. 2004. Infection,’’ Lancet, 363: 422–428, 2004. 4. Jeffrey, M., I. Begara-McGorum, S. List of Subjects § 318.6 Requirements concerning ingredients and other articles used in Clark, et al., ‘‘Occurrence and 9 CFR Part 310 preperation of products. Distribution of Infection-Specific PrP in Tissues of Clinical Scrapie Cases and Animal diseases, Disposition of * * * * * Cull Sheep From Scrapie-Affected carcasses, Meat inspection, and Post- (b)(1) The only animal casings that Farms in Shetland,’’ Journal of mortem inspection. may be used as containers of product Comparative Pathology, 127: 264–273, 9 CFR Part 318 are those from sheep, swine, or goats. 2002. Casings from cattle may be used as Entry into official establishments, 5. Press, C. McL., R. Heggebo, A. containers of products. However, if Food packaging, Meat inspection, Espenes, ‘‘Involvement of Gut- casings from cattle are derived from the Associated Lymphoid Tissue of Reinspection and preparation of products. small intestine, the small intestine must Ruminants in the Spread of comply with the requirements in 9 CFR I For the reasons discussed in the Transmissible Spongiform 310.22(a)(3). Establishments that use preamble, FSIS is amending 9 CFR Encephalopathies,’’ Advanced Drug casings derived from the small intestine Delivery Reviews, 56: 885–899, 2004. Chapter III as follows: of cattle as containers for products must 6. Heggebo, R., C. McL. Press, G. Gunnes, ‘‘Distribution and PART 310—POST-MORTEM demonstrate, through documentation, Accumulation of PrP in Gut-Associated INSPECTION that the small intestine from which the and Peripheral Lymphoid Tissue of casing was derived complies with the I 1. The authority citation for part 310 requirements in 9 CFR 310.22(a)(3). Scrapie-Affected Suffolk Sheep,’’ continues to read as follows: Journal of General Virology, 83: 479– * * * * * 489, 2002. Authority: 21 U.S.C. 601–695; 7 CFR 2.18, 2.53. (8) Intestines shall not be used as 7. Baird, A.W., D.P. Campion, L. ingredients in any meat food product for O’Brien, D.J. Brayden, ‘‘Oral Delivery of I 2. Paragraph (a)(3) of § 310.22 is which a standard is prescribed in part Pathogens from the Intestine to the amended by removing the second 319 of this subchapter and shall not be Nervous System,’’ Journal of Drug sentence and adding the following used in other products unless the Target, 12(2): 71–8, 2004. sentence and paragraphs (a)(3)(i) and (ii) products are labeled in accordance with 8. Scientific Steering Committee. SSC in its place: Update of the Opinion on TSE § 317.8(b)(3) of this subchapter. When infectivity distribution in ruminant § 310.22 Specified risk materials from small intestine from cattle is used in a tissues (initially adopted on 10–11 cattle and their handling and disposition. meat food product or for edible January 2002 and amended on 7–8 (a) * * * rendering, it must comply with the November 2002) following the (3) * * * The small intestine may be requirements in 9 CFR 310.22(a)(3). submission of (1) a risk assessment by used for human food if: * * * * * the German Federal Ministry of (i) It is derived from cattle that were Done at Washington, DC on: September 1, Consumer Protection, Food and inspected and passed in an official 2005. Agriculture and (2) new scientific establishment in the United States or in advice regarding BSE infectivity a certified foreign establishment in a Barbara J. Masters, distribution in tonsils. 2002. Health and country listed in 9 CFR 327.2(b) as Administrator. Consumer Protection Directorate- eligible to export meat and meat [FR Doc. 05–17683 Filed 9–6–05; 8:45 am] General (EC). products to the United States and it is BILLING CODE 3410–DM–P

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DEPARTMENT OF TRANSPORTATION Contact Airbus, 1 Rond Point Maurice 21.29 of the Federal Aviation Bellonte, 31707 Blagnac Cedex, France, Regulations (14 CFR 21.29) and the Federal Aviation Administration for service information identified in this applicable bilateral airworthiness AD. agreement. Pursuant to this bilateral 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Tim airworthiness agreement, the DGAC has [Docket No. FAA–2005–22291; Directorate Backman, Aerospace Engineer, kept the FAA informed of the situation Identifier 2005–NM–038–AD; Amendment International Branch, ANM–116, FAA, described above. We have examined the 39–14251; AD 2005–18–11] Transport Airplane Directorate, 1601 DGAC’s findings, evaluated all pertinent information, and determined that we RIN 2120–AA64 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–2797; need to issue an AD for products of this Airworthiness Directives; Airbus Model fax (425) 227–1149. type design that are certificated for A340–200 and A340–300 Series SUPPLEMENTARY INFORMATION: operation in the United States. Airplanes Therefore, we are issuing this AD to Discussion prevent reduced structural integrity of AGENCY: Federal Aviation The Direction Ge´ne´rale de l’Aviation the pylon-to-engine attachment bolts on Administration (FAA), Department of Civile (DGAC), which is the the pyramid forward fitting, which Transportation (DOT). airworthiness authority for France, could result in separation of an engine ACTION: Final rule; request for notified us that an unsafe condition may from the airplane. This AD requires comments. exist on certain Airbus Model A340–200 accomplishing the actions specified in and A340–300 series airplanes. The the service information described SUMMARY: The FAA is adopting a new DGAC advises that, during a routine previously, except as discussed under airworthiness directive (AD) for certain inspection, it was found that the ‘‘Difference Between the AD and Service Airbus Model A340–200 and A340–300 diameter of the spotfacings was too Bulletin.’’ series airplanes. This AD requires a one- small for two of the pylon-to-engine Difference Between the AD and Service time inspection for discrepancies of the attachment bolts on the pyramid Bulletin spotfacing for the pylon-to-engine forward fitting. Investigation revealed attachment bolts on the pyramid that, because the diameter of the Airbus Service Bulletin A340–54– forward fitting of the engine pylon, and spotfacings on the two front fasteners 4009 recommends concurrently repair if necessary. This AD results from was incorrect, the bolt head did not fit accomplishing Airbus Service Bulletin a report that, during a routine correctly on the flat part of the A340–71–4001, or the equivalent inspection, it was found that the spotfacing, causing possible damage of production modification. The diameter of the spotfacings was too the spotfacing area and cracking/wear of equivalent production modification has small for two of the pylon-to-engine the pylon-to-engine attachment bolt. been done on the airplanes specified in attachment bolts on the pyramid This condition, if not corrected, could the applicability of this AD. forward fitting. We are issuing this AD result in separation of an engine from Additionally, the French airworthiness to prevent reduced structural integrity the airplane. directive does not mandate of the pylon-to-engine attachment bolts accomplishment of the concurrent Relevant Service Information on the pyramid forward fitting, which service bulletin. In light of these factors, could result in separation of an engine Airbus has issued Service Bulletin this AD would not require from the airplane. A340–54–4009, including Appendix 01, accomplishing the concurrent service DATES: This AD becomes effective Revision 01, dated February 15, 2005. bulletin. September 22, 2005. The service bulletin describes The Director of the Federal Register procedures for a one-time inspection for Costs of Compliance approved the incorporation by reference discrepancies of the spotfacing for the None of the airplanes affected by this of a certain publication listed in the AD pylon-to-engine attachment bolts on the action are on the U.S. Register. All as of September 22, 2005. pyramid forward fitting of the engine airplanes affected by this AD are We must receive comments on this pylon, and repair if necessary. The currently operated by non-U.S. AD by November 7, 2005. discrepancies include incorrect operators under foreign registry; ADDRESSES: Use one of the following dimensions of the spotfacing and therefore, they are not directly affected addresses to submit comments on this misalignment of the bolt. The repair by this AD action. However, we AD. involves measuring and machining the consider this AD necessary to ensure • DOT Docket Web site: Go to spotfacing to the correct dimension and that the unsafe condition is addressed if http://dms.dot.gov and follow the installing new bolts and washers. any affected airplane is imported and instructions for sending your comments Accomplishing the actions specified in placed on the U.S. Register in the future. electronically. the service information is intended to If an affected airplane is imported and • Government-wide rulemaking Web adequately address the unsafe placed on the U.S. Register in the future, site: Go to http://www.regulations.gov condition. The DGAC mandated the the required inspection would take and follow the instructions for sending service information and issued French about 1 work hour per airplane, at an your comments electronically. airworthiness directive F–2005–011, average labor rate of $65 per work hour. • Mail: Docket Management Facility; dated January 19, 2005, to ensure the Based on these figures, the estimated U.S. Department of Transportation, 400 continued airworthiness of these cost of the inspection would be $65 per Seventh Street SW., Nassif Building, airplanes in France. airplane. Room PL–401, Washington, DC 20590. • Fax: (202) 493–2251. FAA’s Determination and Requirements FAA’s Determination of the Effective • Hand Delivery: Room PL–401 on of This AD Date the plaza level of the Nassif Building, These airplane models are No airplane affected by this AD is 400 Seventh Street SW., Washington, manufactured in France and are type currently on the U.S. Register. DC, between 9 a.m. and 5 p.m., Monday certificated for operation in the United Therefore, providing notice and through Friday, except Federal holidays. States under the provisions of section opportunity for public comment is

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unnecessary before this AD is issued, ‘‘General requirements.’’ Under that Effective Date and this AD may be made effective in section, Congress charges the FAA with (a) This AD becomes effective September less than 30 days after it is published in promoting safe flight of civil aircraft in 22, 2005. the Federal Register. air commerce by prescribing regulations Affected ADs for practices, methods, and procedures Comments Invited the Administrator finds necessary for (b) None. This AD is a final rule that involves safety in air commerce. This regulation Applicability requirements that affect flight safety and is within the scope of that authority (c) This AD applies to Airbus Model A340– was not preceded by notice and an because it addresses an unsafe condition 211, –212, and –213, and A340–311, –312, opportunity for public comment; that is likely to exist or develop on and –313 airplanes; certificated in any however, we invite you to submit any products identified in this rulemaking category; as identified in Airbus Service relevant written data, views, or action. Bulletin A340–54–4009, Revision 01, dated arguments regarding this AD. Send your February 15, 2005. Regulatory Findings comments to the address listed under Unsafe Condition ADDRESSES the section. Include ‘‘Docket We have determined that this AD will (d) This AD results from a report that, No. FAA–2005–22291; Directorate not have federalism implications under during a routine inspection, it was found that Identifier 2005–NM–038–AD’’ at the Executive Order 13132. This AD will the diameter of the spotfacings was too small beginning of your comments. We not have a substantial direct effect on for two of the pylon-to-engine attachment specifically invite comments on the the States, on the relationship between bolts on the pyramid forward fitting. The overall regulatory, economic, the national government and the States, FAA is issuing this AD to prevent reduced environmental, and energy aspects of structural integrity of the pylon-to-engine or on the distribution of power and attachment bolts on the pyramid forward the AD that might suggest a need to responsibilities among the various modify it. fitting, which could result in separation of an levels of government. engine from the airplane. We will post all comments we For the reasons discussed above, I receive, without change, to http:// Compliance certify that the regulation: dms.dot.gov, including any personal (e) You are responsible for having the information you provide. We will also 1. Is not a ‘‘significant regulatory actions required by this AD performed within post a report summarizing each action’’ under Executive Order 12866; the compliance times specified, unless the substantive verbal contact with FAA 2. Is not a ‘‘significant rule’’ under the actions have already been done. personnel concerning this AD. Using the DOT Regulatory Policies and Procedures One-Time Inspection/Repair (44 FR 11034, February 26, 1979); and search function of that Web site, anyone (f) Within 18 months after the effective can find and read the comments in any 3. Will not have a significant date of this AD: Perform a one-time detailed of our dockets, including the name of economic impact, positive or negative, inspection for discrepancies of the spotfacing the individual who sent the comment on a substantial number of small entities for the pylon-to-engine attachment bolts on (or signed the comment on behalf of an under the criteria of the Regulatory the pyramid forward fitting of each engine association, business, labor union, etc.). Flexibility Act. pylon, in accordance with the You may review the DOT’s complete We prepared a regulatory evaluation Accomplishment Instructions of Airbus Privacy Act Statement in the Federal of the estimated costs to comply with Service Bulletin A340–54–4009, Revision 01, Register published on April 11, 2000 dated February 15, 2005. Repair any this AD and placed it in the AD docket. discrepancy before further flight in (65 FR 19477–78), or you may visit See the ADDRESSES section for a location accordance with the service bulletin. http://dms.dot.gov. to examine the regulatory evaluation. Inspections and repairs accomplished before Examining the Docket List of Subjects in 14 CFR Part 39 the effective date of this AD in accordance with Airbus Service Bulletin A340–54–4009, You may examine the AD docket on Air transportation, Aircraft, Aviation dated August 25, 2004, are acceptable for the Internet at http://dms.dot.gov, or in safety, Incorporation by reference, compliance with this paragraph. person at the Docket Management Safety. Note 1: For the purposes of this AD, a Facility office between 9 a.m. and 5 detailed inspection is defined as: ‘‘An p.m., Monday through Friday, except Adoption of the Amendment intensive visual examination of a specific Federal holidays. The Docket structural area, system, installation, or I Management Facility office (telephone Accordingly, under the authority assembly to detect damage, failure, or (800) 647–5227) is located on the plaza delegated to me by the Administrator, irregularity. Available lighting is normally level of the Nassif Building at the DOT the FAA amends 14 CFR part 39 as supplemented with a direct source of good lighting at intensity deemed appropriate by ADDRESSES follows: street address stated in the the inspector. Inspection aids such as mirror, section. Comments will be available in PART 39—AIRWORTHINESS magnifying lenses, etc., may be used. Surface the AD docket shortly after the Docket DIRECTIVES cleaning and elaborate access procedures Management System receives them. may be required.’’ Authority for This Rulemaking I 1. The authority citation for part 39 continues to read as follows: No Reporting Requirement Title 49 of the United States Code (g) Although the referenced service bulletin specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. describes procedures for submitting a report rules on aviation safety. Subtitle I, § 39.13 [Amended] of inspection results to the manufacturer, this section 106, describes the authority of AD does not include that requirement. I the FAA Administrator. Subtitle VII, 2. The Federal Aviation Alternative Methods of Compliance Aviation Programs, describes in more Administration (FAA) amends § 39.13 (AMOCs) by adding the following new detail the scope of the Agency’s (h) The Manager, International Branch, authority. airworthiness directive (AD): ANM–116, Transport Airplane Directorate, We are issuing this rulemaking under 2005–18–11 Airbus: Amendment 39–14251. FAA, has the authority to approve AMOCs the authority described in subtitle VII, Docket No. FAA–2005–22291; for this AD, if requested in accordance with part A, subpart III, section 44701, Directorate Identifier 2005–NM–038–AD. the procedures found in 14 CFR 39.19.

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Related Information AD to prevent display of ‘‘old’’ or Supportive or No Objection Comments (i) French airworthiness directive F–2005– expired ATC clearance messages on the for the NPRM 011, dated January 19, 2004, also addresses CDU of subsequent flights, which could One commenter supports the NPRM, the subject of this AD. result in the airplane entering and another commenter advises that it Material Incorporated by Reference unauthorized airspace or following a has no objection to the NPRM. flight path that does not provide (j) You must use Airbus Service Bulletin Requests To Limit the Applicability of A340–54–4009, Revision 01, dated February minimum separation requirements 15, 2005, excluding Appendix 01, to perform between aircraft, and a consequent near the NPRM the actions that are required by this AD, miss or a mid-air collision. Several commenters request that the unless the AD specifies otherwise. The DATES: Effective October 12, 2005. applicability of the NPRM be limited to Director of the Federal Register approved the The Director of the Federal Register those airplanes that have the Air Traffic incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR approved the incorporation by reference Services Data Link (ATS DL) enabled. part 51. Contact Airbus, 1 Rond Point of certain publications listed in the AD The commenters advise that Flight Maurice Bellonte, 31707 Blagnac Cedex, as of October 12, 2005. Management Computer (FMC) systems France, for a copy of this service information. ADDRESSES: You may examine the AD that are not equipped with the optional You may review copies at the Docket docket on the Internet at http:// operational program configuration Management Facility, U.S. Department of dms.dot.gov or in person at the Docket (OPC) software to enable the ATS DL Transportation, 400 Seventh Street SW., will never display Air Traffic Control Room PL–401, Nassif Building, Washington, Management Facility, U.S. Department of Transportation, 400 Seventh Street, (ATC) clearance messages (new, old, or DC; on the Internet at http://dms.dot.gov; or expired) on the control display unit at the National Archives and Records SW., Nassif Building, Room PL–401, Administration (NARA). For information on Washington, DC. (CDU). The commenters point out that the availability of this material at the NARA, Contact Boeing Commercial without the OPC, there is not the call (202) 741–6030, or go to http://www. Airplanes, P.O. Box 3707, Seattle, capability to get ATC clearance archives.gov/federal-register/cfr/ibr- Washington 98124–2207, for service messages on the CDU. Therefore, the locations.html. information identified in this AD. commenters contend that the NPRM should be applicable only to those Issued in Renton, Washington, on August FOR FURTHER INFORMATION CONTACT: 29, 2005. airplanes that have the ATS DL FMC Samuel Slentz, Aerospace Engineer, option enabled. Additionally, one Kalene C. Yanamura, Systems and Equipment Branch, ANM– Acting Manager, Transport Airplane commenter, an operator, contends that if 130S, FAA, Seattle Aircraft Certification airplanes not using ATS DL FMC are Directorate, Aircraft Certification Service. Office, 1601 Lind Avenue, SW., Renton, [FR Doc. 05–17606 Filed 9–6–05; 8:45 am] required to upgrade the Pegasus FMC Washington 98055–4056; telephone software, the operators also will be BILLING CODE 4910–13–P (425) 917–6483; fax (425) 917–6590. forced to upgrade their older inertial SUPPLEMENTARY INFORMATION: reference units (IRU) due to differences in the magnetic variation models DEPARTMENT OF TRANSPORTATION Examining the Docket between Pegasus 2003 and the older IRU Federal Aviation Administration You may examine the AD docket on models. The commenter explains that the Internet at http://dms.dot.gov or in upgrading the IRU would be a 14 CFR Part 39 person at the Docket Management significant increase in its costs. Facility office between 9 a.m. and 5 The FAA agrees that the requirement [Docket No. FAA–2005–20352; Directorate p.m., Monday through Friday, except to replace the OPS and FIDO software Identifier 2004–NM–214–AD; Amendment 39–14249; AD 2005–18–09] Federal holidays. The Docket of the existing FMC with Pegasus 2003 Management Facility office (telephone OPS and FIDO software or Pegasus 2004 RIN 2120–AA64 (800) 647–5227) is located on the plaza OPS and FIDO software should apply level of the Nassif Building at the street only to airplanes operating with an Air Airworthiness Directives; Boeing address stated in the ADDRESSES section. Traffice Services data link function Model 757–200 and –300 Series enabled. We have revised paragraph (f) Discussion Airplanes and Model 767 Series of this AD to clarify the applicability of Airplanes The FAA issued a notice of proposed that requirement. rulemaking (NPRM) to amend 14 CFR AGENCY: Federal Aviation Requests To Add Service Information Administration (FAA), Department of part 39 to include an AD that would Transportation (DOT). apply to certain Boeing Model 757–200 Several commenters, including the ACTION: Final rule. and –300 series airplanes and Model manufacturer, note that since the 767 series airplanes. That NPRM was issuance of the NPRM, Boeing has SUMMARY: The FAA is adopting a new published in the Federal Register on issued new service bulletins that airworthiness directive (AD) for certain February 15, 2005 (70 FR 7676). That describe replacing the existing Boeing Model 757–200 and –300 series NPRM proposed to require replacing the operational program software (OPS) and airplanes and Model 767 series existing operational software of the flight information and data output airplanes. This AD requires replacing Pegasus flight management computer (FIDO) software of the FMC with the existing operational software of the (FMC) system with new, improved Pegasus 2005 OPS and FIDO software. Pegasus flight management computer operational software. Accomplishment of the service bulletins (FMC) system with new, improved is intended to correct certain problems Comments operational software. This AD results that were experienced as a result of the from reports of ‘‘old’’ or expired air We provided the public the installation of the Pegasus 2003 OPS traffic control (ATC) clearance messages opportunity to participate in the and FIDO software, and to add other being displayed on the control display development of this AD. We have improvements on the map displays. The unit (CDU) of the FMC system during considered the comments that have commenters request that the new subsequent flights. We are issuing this been received on the NPRM. service bulletins be added to the NPRM

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as an optional method of compliance Operators may request approval of an rules on aviation safety. Subtitle I, with the proposed requirements of the AMOC for this AD under the provisions section 106, describes the authority of NPRM. of paragraph (h) of this AD. the FAA Administrator. Subtitle VII, We agree with the commenters’ Aviation Programs, describes in more Request To Revise the Costs of request. We have reviewed the new detail the scope of the Agency’s Compliance Section service bulletins and have added them authority. to paragraph (f) of the AD and new One commenter, the manufacturer, We are issuing this rulemaking under Table 2, Pegasus 2005 OPS and FIDO— requests that we revise the estimated the authority described in subtitle VII, Applicable Service Bulletins, of this AD number of airplanes affected from 857 part A, subpart III, section 44701, as an optional method of compliance in the worldwide fleet and 547 on the ‘‘General requirements.’’ Under that with the requirements of this AD. U.S. registry to 310 airplanes estimated section, Congress charges the FAA with for the worldwide fleet and 247 Requests To Revise Paragraph (f) of the promoting safe flight of civil aircraft in airplanes estimated for airplanes of U.S. NPRM air commerce by prescribing regulations registry. for practices, methods, and procedures Two commenters request that we We agree with the commenter. Based the Administrator finds necessary for clarify that the use of the onboard on our decision to clarify the software media binder (SMB) is safety in air commerce. This regulation applicability of the requirements of is within the scope of that authority optional. The commenters note that the paragraph (f) of the AD, (reference the accomplishment instructions of the because it addresses an unsafe condition first comment discussion, ‘‘Request to that is likely to exist or develop on service bulletins referenced in the Limit the Applicability of the NPRM’’), NPRM could be construed to create a products identified in this rulemaking we have revised the ‘‘Costs of action. regulatory requirement for the existence Compliance’’ section of this AD to of the onboard SMB. reflect the numbers specified by the Regulatory Findings We agree with the commenters’ commenter above. request for the reason specified and We have determined that this AD will have revised paragraph (f) of the AD to Clarification of Error in Certain Boeing not have federalism implications under specify that replacing the existing OPS Service Bulletins Executive Order 13132. This AD will and FIDO diskettes in the software We noticed a typographical error in not have a substantial direct effect on media binder is not required by this AD. the effectivity of Boeing Service Bulletin the States, on the relationship between 767–34–0472, dated March 17, 2005, the national government and the States, Requests To Approve Later Service or on the distribution of power and Bulletins and Boeing Alert Service Bulletin 767– 34A0390, dated February 19, 2004. We responsibilities among the various Several commenters request that we have verified with the manufacturer that levels of government. revise the NPRM to permit use of future the effectivity of these service bulletins For the reasons discussed above, I FAA-approved service bulletins to is intended to be for Model 767–400ER certify that this AD: comply with the proposed requirements series airplanes rather than for 747– (1) Is not a ‘‘significant regulatory of the NPRM. The commenters contend 400ER series airplanes. Therefore, the action’’ under Executive Order 12866; that future FAA-approved service applicability of this AD is correct and (2) Is not a ‘‘significant rule’’ under bulletins provide assurance that the remains the same as the NPRM. DOT Regulatory Policies and Procedures software described in future bulletins (44 FR 11034, February 26, 1979); and would meet the required level of safety Conclusion (3) Will not have a significant specified in the NPRM. Specifically, the We have carefully reviewed the commenters would like us to add the economic impact, positive or negative, available data, including the comments on a substantial number of small entities words, ‘‘or later approved versions.’’ that have been received, and determined We do not agree with the commenters’ under the criteria of the Regulatory that air safety and the public interest Flexibility Act. request. When referencing a specific require adopting the AD with the We prepared a regulatory evaluation service bulletin in an AD, using the changes described previously. We have of the estimated costs to comply with phrase ‘‘or later FAA-approved determined that these changes will this AD and placed it in the AD docket. revisions’’ in an AD would violate the neither increase the economic burden See the ADDRESSES section for a location Office of the Federal Register (OFR) on any operator nor increase the scope to examine the regulatory evaluation. regulations for approving materials that of the AD. are incorporated by reference. In general List of Subjects in 14 CFR Part 39 terms, we are required by these OFR Costs of Compliance regulations to either publish the service There are about 310 airplanes of the Air transportation, Aircraft, Aviation document contents as part of the actual affected design in the worldwide fleet. safety, Incorporation by reference, AD language, or submit the service This AD will affect about 247 airplanes Safety. document to the OFR for approval as of U.S. registry. The required actions Adoption of the Amendment ‘‘referenced’’ material, in which case we will take about 3 work hours per may only refer to such material in the airplane, at an average labor rate of $65 I Accordingly, under the authority text of an AD. The AD may refer to the per work hour. The manufacturer will delegated to me by the Administrator, service document only if the OFR has provide required parts to the operators the FAA amends 14 CFR part 39 as approved it for ‘‘incorporation by at no cost. Based on these figures, the follows: reference.’’ To allow operators to use estimated cost of this AD for U.S. later revisions of a referenced operators is $48,165, or $195 per PART 39—AIRWORTHINESS document, we must either revise the AD airplane. DIRECTIVES to reference the specific later revisions, or operators may request approval to use Authority for This Rulemaking I 1. The authority citation for part 39 later revisions as an alternative method Title 49 of the United States Code continues to read as follows: of compliance (AMOC) with this AD. specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] 767–200, –300, –300F, and –400ER series the compliance times specified, unless the airplanes; certificated in any category; actions have already been done. I 2. The Federal Aviation equipped with a Pegasus flight management Administration (FAA) amends § 39.13 computer (FMC) system. Replacing the Operational Program Software (OPS) and Flight Information and Data by adding the following new Unsafe Condition airworthiness directive (AD): Output (FIDO) Software (d) This AD was prompted by reports of (f) For all airplanes operating with an Air 2005–18–09 Boeing: Amendment 39–14249. ‘‘old’’ or expired air traffic control (ATC) Docket No. FAA–2005–20352; clearance messages being displayed on the Traffic Services data link function enabled: Directorate Identifier 2004–NM–214–AD. control display unit (CDU) of the FMC With the exception of the work instruction to system during subsequent flights. We are replace the existing OPS and FIDO diskettes Effective Date issuing this AD to prevent the airplane from in the software media binder, which is not (a) This AD becomes effective October 12, entering unauthorized airspace or following required by this AD, within 18 months after 2005. a flight path that does not provide minimum the effective date of this AD, replace the OPS separation requirements between aircraft, Affected ADs and FIDO software of the existing FMC with and a consequent near miss or mid-air Pegasus 2003 OPS and FIDO software or (b) None. collision. Pegasus 2005 OPS and FIDO software, in Applicability Compliance accordance with the applicable service (c) This AD applies to Boeing Model 757– (e) You are responsible for having the bulletin specified in either Table 1 or Table 200 and –300 series airplanes and Model actions required by this AD performed within 2 of this AD.

TABLE 1.—PEGASUS 2003 OPS AND FIDO—APPLICABLE SERVICE BULLETINS

Boeing Airplane Model Boeing Alert Service Bulletin Dated

757–200 series airplanes ...... 757–34A0258 ...... February 12, 2004. 757–300 series airplanes ...... 757–34A0259 ...... February 12, 2004. 767–200, –300, and –300F series airplanes ...... 767–34A0389, Revision 2 ...... December 16, 2004. 767–400ER series airplanes ...... 767–34A0390 ...... February 19, 2004.

TABLE 2.—PEGASUS 2005 OPS AND FIDO—APPLICABLE SERVICE BULLETINS

Boeing Boeing Airplane Model Service Dated Bulletin

757–200 series airplanes ...... 757–34–0324 March 17, 2005. 757–300 series airplanes ...... 757–34–0325 March 17, 2005. 767–200, –300, and –300F series airplanes ...... 767–34–0471 March 17, 2005. 767–400ER series airplanes ...... 767–34–0472 March 17, 2005.

Acceptable for Compliance requested in accordance with the procedures Seattle, Washington 98124–2207, for a copy (g) Accomplishment of Boeing Alert found in 14 CFR 39.19. of this service information. You may review copies at the Docket Management Facility, Service Bulletin 767–34A0389, dated Material Incorporated by Reference February 19, 2004; or Revision 1, dated U.S. Department of Transportation, 400 September 16, 2004, before the effective date (i) You must use the applicable service Seventh Street SW., Room PL–401, Nassif of this AD, is an acceptable method of bulletin in Table 3 of this AD to perform the Building, Washington, DC; on the internet at compliance with the requirements of this AD. actions that are required by this AD, unless http://dms.dot.gov; or at the National the AD specifies otherwise. The Director of Archives and Records Administration Alternative Methods of Compliance the Federal Register approved the (NARA). For information on the availability (AMOCs) incorporation by reference of these of this material at the NARA, call (202) 741– (h) The Manager, Seattle Aircraft documents in accordance with 5 U.S.C. 6030, or go to http://www.archives.gov/ Certification Office (ACO), FAA, has the 552(a) and 1 CFR part 51. Contact Boeing federal_register/code_of_federal_regulations/ authority to approve AMOCs for this AD, if Commercial Airplanes, P.O. Box 3707, ibr_locations.html.

TABLE 3.—MATERIAL INCORPORATED BY REFERENCE

Service Bulletin Revision level Date

Boeing Alert Service Bulletin 757–34A0258 ...... Original ...... February 12, 2004. Boeing Alert Service Bulletin 757–34A0259 ...... Original ...... February 12, 2004. Boeing Alert Service Bulletin 767–34A0389 ...... 2 ...... December 16, 2004. Boeing Alert Service Bulletin 767–34A0390 ...... Original ...... February 19, 2004. Boeing Service Bulletin 757–34–0324 ...... Original ...... March 17, 2005. Boeing Service Bulletin 757–34–0325 ...... Original ...... March 17, 2005. Boeing Service Bulletin 767–34–0471 ...... Original ...... March 17, 2005. Boeing Service Bulletin 767–34–0472 ...... Original ...... March 17, 2005.

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Issued in Renton, Washington, on August • Fax: (202) 493–2251. unsafe condition. The DGAC mandated 29, 2005. • Hand Delivery: Room PL–401 on the TC and issued French emergency Kalene C. Yanamura, the plaza level of the Nassif Building, airworthiness directive UF–2005–140, Acting Manager, Transport Airplane 400 Seventh Street SW., Washington, dated July 26, 2005, to ensure the Directorate, Aircraft Certification Service. DC, between 9 a.m. and 5 p.m., Monday continued airworthiness of these [FR Doc. 05–17607 Filed 9–6–05; 8:45 am] through Friday, except Federal holidays. airplanes in France. BILLING CODE 4910–13–P Contact Dassault Falcon Jet, P.O. Box FAA’s Determination and Requirements 2000, South Hackensack, New Jersey of This AD 07606, for service information identified DEPARTMENT OF TRANSPORTATION in this AD. This airplane model is manufactured in France and is type certificated for Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, operation in the United States under the provisions of section 21.29 of the 14 CFR Part 39 International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Federal Aviation Regulations (14 CFR [Docket No. FAA–2005–22308; Directorate Lind Avenue, SW., Renton, Washington 21.29) and the applicable bilateral Identifier 2005–NM–160–AD; Amendment 98055–4056; telephone (425) 227–1137; airworthiness agreement. Pursuant to 39–14255; AD 2005–18–15] fax (425) 227–1149. this bilateral airworthiness agreement, the DGAC has kept the FAA informed RIN 2120–AA64 SUPPLEMENTARY INFORMATION: of the situation described above. We Airworthiness Directives; Dassault Discussion have examined the DGAC’s findings, evaluated all pertinent information, and Model Falcon 2000EX Airplanes The Direction Ge´ne´rale de l’Aviation determined that we need to issue an AD Civile (DGAC), which is the AGENCY: Federal Aviation for products of this type design that are airworthiness authority for France, Administration (FAA), Department of certificated for operation in the United notified us that an unsafe condition may Transportation (DOT). States. exist on certain Dassault Model Falcon ACTION: Final rule; request for Therefore, we are issuing this AD to comments. 2000EX airplanes. The DGAC advises us prevent a runway overrun in the event that an event occurred in which braking of loss of braking function, which could SUMMARY: The FAA is adopting a new efficiency was temporarily lost during result in injury to passengers or airworthiness directive (AD) for certain landing, but was recovered after the flightcrew and damage to the airplane. Dassault Model Falcon 2000EX flightcrew fully released and then This AD requires accomplishing the airplanes. This AD requires revising the reapplied the brakes. This event has actions specified in the TC described airplane flight manual (AFM) to extend been attributed to improper previously, except as discussed under runway length limits for takeoff and communication of acceleration ‘‘Differences Among this AD, French landing. This AD also provides for an information between the inertial Emergency Airworthiness Directive, and optional terminating action for the AFM reference system (IRS) and the brake TC.’’ This AD also provides for an revision. This AD results from an event system control unit (BSCU). This optional terminating action for the AFM in which braking efficiency was condition, if not corrected, could result revision. temporarily lost during landing, but was in a runway overrun in the event of loss recovered after the flightcrew fully of braking function, which could result Differences Among This AD, French released and then reapplied the brakes. in injury to passengers or flightcrew and Emergency Airworthiness Directive, We are issuing this AD to prevent a damage to the airplane. and TC runway overrun in the event of loss of Relevant Service Information Although the French emergency braking function, which could result in airworthiness directive specifies a injury to passengers or flightcrew and Dassault has issued Temporary compliance time of before the next flight damage to the airplane. Change (TC) 17, dated July 26, 2005, to after the effective date of the French DATES: This AD becomes effective the Dassault Falcon 2000EX EASy emergency airworthiness directive for September 22, 2005. Airplane Flight Manual, DGT88898. The the AFM revision, we specify a The Director of the Federal Register TC describes procedures for revising the compliance time of 10 days after the approved the incorporation by reference Limitations and Performance sections of effective date of this AD. We find that of certain publications listed in the AD the airplane flight manual (AFM) to this will prevent airplanes from being as of September 22, 2005. extend runway length limits for takeoff grounded unnecessarily without We must receive comments on this and landing. The procedures include adversely affecting the safety of the AD by November 7, 2005. maximum allowable weights and field airplanes. ADDRESSES: Use one of the following length limits for takeoff and landing. The French emergency airworthiness addresses to submit comments on this Dassault has also issued Service directive requires accomplishing the AD. Bulletin F2000EX–80, dated May 11, terminating action before December 31, • DOT Docket Web site: Go to 2005. The service bulletin describes 2006. This AD will provide for doing http://dms.dot.gov and follow the procedures for modifying the wiring the terminating action as an option, and instructions for sending your comments that links the IRS to the BCSU. The we may consider further rulemaking to electronically. modification establishes a direct wiring require the terminating action. • Government-wide rulemaking Web link between the IRS and the BSCU, site: Go to http://www.regulations.gov which makes the braking function fully Interim Action and follow the instructions for sending independent of the enhanced avionics We consider this AD interim action. your comments electronically. system. Accomplishing the modification We are currently considering requiring • Mail: Docket Management Facility; terminates the AFM revision. the modification of the wiring that links U.S. Department of Transportation, 400 We have determined that the IRS to the BSCU, which would Seventh Street SW., Nassif Building, accomplishing the actions specified in terminate the AFM revision required by Room PL–401, Washington, DC 20590. the TC will adequately address the this AD. However, the planned

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compliance time for the installation of Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. the modification would allow enough Title 49 of the United States Code § 39.13 [Amended] time to provide notice and opportunity specifies the FAA’s authority to issue for prior public comment on the merits rules on aviation safety. Subtitle I, I 2. The Federal Aviation of the modification. Section 106, describes the authority of Administration (FAA) amends § 39.13 FAA’s Determination of the Effective the FAA Administrator. Subtitle VII, by adding the following new Date Aviation Programs, describes in more airworthiness directive (AD): detail the scope of the Agency’s 2005–18–15 Dassault Aviation: An unsafe condition exists that authority. Amendment 39–14255. Docket No. requires the immediate adoption of this We are issuing this rulemaking under FAA–2005–22308; Directorate Identifier AD; therefore, providing notice and the authority described in Subtitle VII, 2005–NM–160–AD. opportunity for public comment before Part A, Subpart III, Section 44701, Effective Date the AD is issued is impracticable, and ‘‘General requirements.’’ Under that section, Congress charges the FAA with (a) This AD becomes effective September good cause exists to make this AD 22, 2005. effective in less than 30 days. promoting safe flight of civil aircraft in air commerce by prescribing regulations Affected ADs Comments Invited for practices, methods, and procedures (b) None. the Administrator finds necessary for This AD is a final rule that involves Applicability safety in air commerce. This regulation requirements that affect flight safety and is within the scope of that authority (c) This AD applies to Dassault Model was not preceded by notice and an because it addresses an unsafe condition Falcon 2000EX airplanes, certificated in any opportunity for public comment; that is likely to exist or develop on category, with serial numbers 6, and 28 and however, we invite you to submit any subsequent; except those on which Dassault products identified in this rulemaking Aviation Modification F2000EX M2675 has relevant written data, views, or action. arguments regarding this AD. Send your been done during production. comments to an address listed in the Regulatory Findings Unsafe Condition ADDRESSES section. Include ‘‘Docket No. We have determined that this AD will (d) This AD results from an event in which FAA–2005–22308; Directorate Identifier not have federalism implications under braking efficiency was temporarily lost 2005–NM–160–AD’’ at the beginning of Executive Order 13132. This AD will during landing, but was recovered after the your comments. We specifically invite not have a substantial direct effect on flightcrew fully released and then reapplied comments on the overall regulatory, the States, on the relationship between the brakes. We are issuing this AD to prevent economic, environmental, and energy the national government and the States, a runway overrun in the event of loss of braking function, which could result in aspects of the AD that might suggest a or on the distribution of power and injury to passengers or flightcrew and need to modify it. responsibilities among the various damage to the airplane. We will post all comments we levels of government. Compliance receive, without change, to http:// For the reasons discussed above, I dms.dot.gov, including any personal certify that the regulation: (e) You are responsible for having the actions required by this AD performed within information you provide. We will also 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; the compliance times specified, unless the post a report summarizing each 2. Is not a ‘‘significant rule’’ under the actions have already been done. substantive verbal contact with FAA DOT Regulatory Policies and Procedures Airplane Flight Manual (AFM) Revision personnel concerning this AD. Using the (44 FR 11034, February 26, 1979); and (f) Within 10 days after the effective date search function of that web site, anyone 3. Will not have a significant can find and read the comments in any of this AD: Revise the Limitations and economic impact, positive or negative, Performance sections of Dassault Falcon of our dockets, including the name of on a substantial number of small entities the individual who sent the comment EASy F2000EX AFM, DGT88898, to include under the criteria of the Regulatory the information in Dassault Temporary (or signed the comment on behalf of an Flexibility Act. Change (TC) 17, dated July 26, 2005, as association, business, labor union, etc.). We prepared a regulatory evaluation specified in the TC. The TC includes You may review the DOT’s complete of the estimated costs to comply with procedures for extending runway length Privacy Act Statement in the Federal this AD and placed it in the AD docket. limits for takeoff and landing. Operate the Register published on April 11, 2000 See the ADDRESSES section for a location airplane according to the limitations and (65 FR 19477–78), or you may visit to examine the regulatory evaluation. procedures in the TC. http://dms.dot.gov. Note 1: This may be done by inserting a List of Subjects in 14 CFR Part 39 copy of Dassault TC 17 in the AFM. When Examining the Docket Air transportation, Aircraft, Aviation the TC has been included in the general revisions of the AFM, the general revisions You may examine the AD docket on safety, Incorporation by reference, Safety. may be inserted in the AFM, provided the the Internet at http://dms.dot.gov, or in relevant information in the general revision person at the Docket Management Adoption of the Amendment is identical to that in Dassault TC 17. Facility office between 9 a.m. and 5 p.m., Monday through Friday, except I Accordingly, under the authority Optional Terminating Action Federal holidays. The Docket delegated to me by the Administrator, (g) Modifying the wiring that links the Management Facility office (telephone the FAA amends 14 CFR part 39 as inertial reference system and the brake (800) 647–5227) is located on the plaza follows: system control unit, in accordance with Dassault Service Bulletin F2000EX–80, dated level of the Nassif Building at the DOT PART 39—AIRWORTHINESS May 11, 2005, ends the requirements for the ADDRESSES street address stated in the DIRECTIVES AFM revision required by paragraph (f) of section. Comments will be available in this AD. After accomplishing the the AD docket shortly after the Docket I 1. The authority citation for part 39 modification, Dassault TC 17, dated July 26, Management System receives them. continues to read as follows: 2005, may be removed from the AFM.

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Alternative Methods of Compliance Israel Aircraft Industries, Ltd., Model been received of fire and smoke in the (AMOCs) 1124 and 1124A airplanes. This AD passenger cabins due to chafing between (h) The Manager, International Branch, requires a one-time inspection for electrical bundles and the adjacent ANM–116, Transport Airplane Directorate, chafing of the electrical bundles in the structure in the hinge area of the FAA, has the authority to approve AMOCs overhead circuit breaker panel, and for overhead circuit breaker panel. This for this AD, if requested in accordance with adequate clearance between the fuselage condition, if not corrected, could result the procedures found in 14 CFR 39.19. frame and adjacent structures; and in a short circuit and consequent fire Related Information repair and rework if necessary. This AD and smoke in the airplane. (i) French airworthiness directive UF– results from reports of fire and smoke Relevant Service Information 2005–140, dated July 26, 2005, also addresses occurring in the passenger cabin. This the subject of this AD. AD also requires certain preventive Israel Aircraft Industries has issued 1124 Westwind Alert Service Bulletin Material Incorporated by Reference actions. We are issuing this AD to prevent chafing of the electrical bundles (ASB) 1124–24A–154, dated March 22, (j) You must use Dassault Temporary in the overhead circuit breaker panel, 2004. The ASB describes procedures for Change 17, dated July 26, 2005, to the a one-time visual inspection for chafing Dassault Falcon 2000EX EASy Airplane which could result in a short circuit and consequent fire and smoke in the of the electrical bundles in the overhead Flight Manual, DGT88898, to perform the circuit breaker panel, and for adequate actions that are required by this AD, unless airplane. clearance between the fuselage frame the AD specifies otherwise. If accomplished, DATES: This AD becomes effective you must use Dassault Service Bulletin and the ‘‘No Smoking—Fasten Seat September 22, 2005. Belt’’ sign; and repair and rework if F2000EX–80, dated May 11, 2005, to perform The Director of the Federal Register the optional terminating action specified in necessary. The ASB also describes this AD. The Director of the Federal Register approved the incorporation by reference certain preventive actions including approved the incorporation by reference of of certain publications listed in the AD installing spiral wrap, insulated self- these documents in accordance with 5 U.S.C. as of September 22, 2005. bondable tape, and a Teflon sheet at We must receive comments on this 552(a) and 1 CFR part 51. Contact Dassault fuselage station 83.78. Accomplishing AD by November 7, 2005. Falcon Jet, P.O. Box 2000, South Hackensack, the actions specified in the service New Jersey 07606, for a copy of this service ADDRESSES: Use one of the following information is intended to adequately information. You may review copies at the addresses to submit comments on this Docket Management Facility, U.S. address the unsafe condition. The CAAI AD. approved the ASB and issued Israeli Department of Transportation, 400 Seventh • DOT Docket Web site: Go to Street SW., Room PL–401, Nassif Building, Airworthiness Directive 24–05–02–32, Washington, DC; on the Internet at http:// http://dms.dot.gov and follow the dated March 15, 2005, to ensure the dms.dot.gov; or at the National Archives and instructions for sending your comments continued airworthiness of these Records Administration (NARA). For electronically. airplanes in Israel. information on the availability of this • Government-wide rulemaking Web material at the NARA, call (202) 741–6030, site: Go to http://www.regulations.gov FAA’s Determination and Requirements or go to http://www.archives.gov/ and follow the instructions for sending of This AD _ _ _ _ federal register/code of federal regulations/ your comments electronically. These airplane models are ibr_locations.html. • Mail: Docket Management Facility; manufactured in Israel and are type Issued in Renton, Washington, on August U.S. Department of Transportation, 400 certificated for operation in the United 24, 2005. Seventh Street SW., Nassif Building, States under the provisions of section Ali Bahrami, Room PL–401, Washington, DC 20590. 21.29 of the Federal Aviation • Fax: (202) 493–2251. Manager, Transport Airplane Directorate, • Regulations (14 CFR 21.29) and the Aircraft Certification Service. Hand Delivery: Room PL–401 on applicable bilateral airworthiness [FR Doc. 05–17599 Filed 9–6–05; 8:45 am] the plaza level of the Nassif Building, agreement. Pursuant to this bilateral 400 Seventh Street SW., Washington, BILLING CODE 4910–13–P airworthiness agreement, the CAAI has DC, between 9 a.m. and 5 p.m., Monday kept the FAA informed of the situation through Friday, except Federal holidays. described above. We have examined the DEPARTMENT OF TRANSPORTATION Contact Gulfstream Aerospace CAAI’s findings, evaluated all pertinent Corporation, P.O. Box 2206, Mail information, and determined that we Federal Aviation Administration Station D–25, Savannah, Georgia 31402– need to issue an AD for products of this 2206, for service information identified type design that are certificated for 14 CFR Part 39 in this AD. operation in the United States. [Docket No. FAA–2005–22306; Directorate FOR FURTHER INFORMATION CONTACT: Therefore, we are issuing this AD to Identifier 2005–NM–169–AD; Amendment Mike Borfitz, Aerospace Engineer, prevent chafing of the electrical bundles 39–14253; AD 2005–18–13] International Branch, ANM–116, FAA, in the overhead circuit breaker panel, Transport Airplane Directorate, 1601 which could result in a short circuit and RIN 2120–AA64 Lind Avenue, SW., Renton, Washington consequent fire and smoke in the Airworthiness Directives; Israel 98055–4056; telephone (425) 227–2677; airplane. This AD requires Aircraft Industries, Ltd., Model 1124 fax (425) 227–1149. accomplishing the actions specified in and 1124A Airplanes SUPPLEMENTARY INFORMATION: the service information described previously, except as discussed under Discussion AGENCY: Federal Aviation ‘‘Differences Between the AD and the Administration (FAA), Department of The Civil Aviation Administration of Israeli airworthiness directive.’’ Transportation (DOT). Israel (CAAI), which is the Clarification of Inspection ACTION: Final rule; request for airworthiness authority for Israel, comments. notified us that an unsafe condition may Although the Israeli airworthiness exist on all Israel Aircraft Industries, directive and the ASB specify SUMMARY: The FAA is adopting a new Ltd., Model 1124 and 1124A airplanes. performing certain ‘‘inspections,’’ this airworthiness directive (AD) for all The CAAI advises that reports have AD specifies performing ‘‘general visual

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inspections.’’ For the purposes of this person at the Docket Management Adoption of the Amendment AD, Note 1 provides the definition of Facility office between 9 a.m. and 5 I Accordingly, under the authority ‘‘general visual inspections.’’ p.m., Monday through Friday, except delegated to me by the Administrator, Federal holidays. The Docket Difference Between the AD and the the FAA amends 14 CFR part 39 as Management Facility office (telephone Israeli Airworthiness Directive follows: (800) 647–5227) is located on the plaza Although the Israeli airworthiness level of the Nassif Building at the DOT PART 39—AIRWORTHINESS directive specifies a compliance time of street address stated in the ADDRESSES DIRECTIVES ‘‘within 50 flight hours,’’ this AD section. Comments will be available in specifies a compliance time of ‘‘within the AD docket shortly after the Docket I 1. The authority citation for part 39 60 days.’’ We have determined that, Management System receives them. continues to read as follows: based on the fleet’s average utilization Authority: 49 U.S.C. 106(g), 40113, 44701. rate, a 60-day compliance time is Authority for This Rulemaking appropriate, in that it will allow more Title 49 of the United States Code § 39.13 [Amended] time to comply for airplanes with a specifies the FAA’s authority to issue I 2. The Federal Aviation relatively higher utilization rate without rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 compromising safety. We have Section 106, describes the authority of by adding the following new coordinated this difference with the the FAA Administrator. Subtitle VII, airworthiness directive (AD): CAAI. Aviation Programs, describes in more 2005–18–13 Israel Aircraft Industries, Ltd.: detail the scope of the Agency’s FAA’s Determination of the Effective Amendment 39–14253. Docket No. authority. Date FAA–2005–22306; Directorate Identifier We are issuing this rulemaking under 2005–NM–169–AD. An unsafe condition exists that the authority described in subtitle VII, requires the immediate adoption of this part A, subpart III, section 44701, Effective Date AD; therefore, providing notice and ‘‘General requirements.’’ Under that (a) This AD becomes effective September opportunity for public comment before section, Congress charges the FAA with 22, 2005. the AD is issued is impracticable, and promoting safe flight of civil aircraft in Affected ADs good cause exists to make this AD air commerce by prescribing regulations (b) None. effective in less than 30 days. for practices, methods, and procedures Applicability Comments Invited the Administrator finds necessary for safety in air commerce. This regulation (c) This AD applies to all Israel Model 1124 This AD is a final rule that involves is within the scope of that authority and 1124A airplanes, certificated in any requirements that affect flight safety and because it addresses an unsafe condition category. was not preceded by notice and an that is likely to exist or develop on Unsafe Condition opportunity for public comment; products identified in this rulemaking (d) This AD results from reports of fire and however, we invite you to submit any action. smoke occurring in the passenger cabin. We relevant written data, views, or are issuing this AD to prevent chafing of the arguments regarding this AD. Send your Regulatory Findings electrical bundles in the overhead circuit comments to an address listed in the We have determined that this AD will breaker panel, which could result in a short ADDRESSES section. Include ‘‘Docket No. not have federalism implications under circuit and consequent fire and smoke in the FAA–2005–22306; Directorate Identifier Executive Order 13132. This AD will airplane. 2005–NM–169–AD’’ at the beginning of not have a substantial direct effect on Compliance your comments. We specifically invite the States, on the relationship between (e) You are responsible for having the comments on the overall regulatory, the national government and the States, actions required by this AD performed within economic, environmental, and energy or on the distribution of power and the compliance times specified, unless the aspects of the AD that might suggest a responsibilities among the various actions have already been done. need to modify it. levels of government. Inspection of the Electrical Bundles We will post all comments we For the reasons discussed above, I receive, without change, to http:// certify that the regulation: (f) Within 60 days after the effective date dms.dot.gov, including any personal 1. Is not a ‘‘significant regulatory of this AD, perform a one-time general visual information you provide. We will also inspection for chafing of the electrical action’’ under Executive Order 12866; bundles in the overhead circuit breaker panel post a report summarizing each 2. Is not a ‘‘significant rule’’ under the and for adequate clearance between the substantive verbal contact with FAA DOT Regulatory Policies and Procedures fuselage frame and the ‘‘No Smoking—Fasten personnel concerning this AD. Using the (44 FR 11034, February 26, 1979); and Seat Belt’’ sign, and perform the preventive search function of that Web site, anyone 3. Will not have a significant actions, in accordance with 1124–Westwind can find and read the comments in any economic impact, positive or negative, (Israel Aircraft Service Industries) Alert of our dockets, including the name of on a substantial number of small entities Service Bulletin (ASB) 1124–24A–154, dated the individual who sent the comment under the criteria of the Regulatory March 22, 2004. (or signed the comment on behalf of an Flexibility Act. Note 1: For the purposes of this AD, a association, business, labor union, etc.). We prepared a regulatory evaluation general visual inspection is: ‘‘A visual You may review the DOT’s complete of the estimated costs to comply with examination of an interior or exterior area, Privacy Act Statement in the Federal this AD and placed it in the AD docket. installation, or assembly to detect obvious damage, failure, or irregularity. This level of See the ADDRESSES section for a location Register published on April 11, 2000 inspection is made from within touching (65 FR 19477–78), or you may visit to examine the regulatory evaluation. distance unless otherwise specified. A mirror http://dms.dot.gov. List of Subjects in 14 CFR Part 39 may be necessary to ensure visual access to Examining the Docket all surfaces in the inspection area. This level Air transportation, Aircraft, Aviation of inspection is made under normally You may examine the AD docket on safety, Incorporation by reference, available lighting conditions such as the Internet at http://dms.dot.gov, or in Safety. daylight, hangar lighting, flashlight, or

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droplight and may require removal or DEPARTMENT OF HOMELAND • The text of General Note (GN) 19 to opening of access panels or doors. Stands, SECURITY the HTSUS is transferred and ladders, or platforms may be required to gain designated as GN 3(e). proximity to the area being checked.’’ Bureau of Customs and Border • The text of General Note (GN) 20 to Protection the HTS is transferred and designated as Corrective Actions GN 3(f). (g) If any chafing of the electrical bundles 19 CFR Parts 7, 10, 11, 12, 18, 19, 24, • The text of General Notes (GN) 23 or inadequate clearance is detected during 54, 101, 102, 111, 114, 123, 128, 132, and 24 of the HTSUS is transferred and the inspection required by paragraph (f) of 134, 141, 145, 146, 148, 151, 152, 177, designated as GN 3(i) and (j), this AD, before further flight, repair and 181, 191 respectively. rework, as applicable; in accordance with This document makes technical 1124–Westwind (Israel Aircraft Industries) [CBP Dec. 05–31] corrections to those provisions of 19 Alert Service Bulletin 1124–24A–154, dated CFR Chapter 1 that contain references to March 22, 2005. Technical Amendments to Chapter 1 of the out-dated General Note citations. Title 19 of the Code of Federal Alternative Methods of Compliance Inapplicability of Public Notice and Regulations (AMOCs) Comment Requirement and Delayed (h) The Manager, International Branch, AGENCY: Customs and Border Protection, Effective Date Requirement ANM–116, FAA, Transport Airplane Homeland Security. Because these amendments merely Directorate, has the authority to approve ACTION: Final rule. update certain authority citations in 19 AMOCs for this AD, if requested in CFR Chapter 1, pursuant to 5 U.S.C. accordance with the procedures found in 14 SUMMARY: This document amends Title 553(b)(B), CBP finds that good cause CFR 39.19. 19 of the Code of Federal Regulations by exists for dispensing with notice and Related Information making technical corrections to certain public procedure as unnecessary. For authority citations to reflect (i) Israeli airworthiness directive 24–05– these same reasons, pursuant to 5 U.S.C. amendments to the Harmonized Tariff 02–32, dated March 15, 2005, also addresses 553(d)(3), CBP finds that good cause Schedule of the United States effected the subject of this AD. exists for dispensing with the by the President’s Proclamation of requirement for a delayed effective date. Material Incorporated by Reference December 30, 2003, to implement the The Regulatory Flexibility Act (j) You must use 1124–Westwind (Israel United States-Singapore Free Trade Aircraft Industries) Alert Service Bulletin Agreement. Because this document is not subject 1124–24A–154, dated March 22, 2004, to EFFECTIVE DATE: September 7, 2005. to the notice and public procedure perform the actions that are required by this requirements of 5 U.S.C. 553, it is not FOR FURTHER INFORMATION CONTACT: subject to the provisions of the AD, unless the AD specifies otherwise. The Suzanne Kingsbury, Regulations Regulatory Flexibility Act (5 U.S.C. et Director of the Federal Register approved the Branch, Office of Regulations and incorporation by reference of this document seq.). Rulings, Customs and Border Protection, in accordance with 5 U.S.C. 552(a) and 1 CFR Tel. (202) 572–8763. Executive Order 12866 part 51. Contact Gulfstream Aerospace Corporation, P.O. Box 2206, Mail Station D– SUPPLEMENTARY INFORMATION: These amendments do not meet the 25, Savannah, Georgia 31402–2206, for a Background criteria for a ‘‘significant regulatory copy of this service information. You may action’’ as specified in E.O. 12866. Chapter I of Title 19 of the Code of review copies at the Docket Management Signing Authority Facility, U.S. Department of Transportation, Federal Regulations (19 CFR Chapter I) 400 Seventh Street SW., Room PL–401, contains general and specific authority This document is limited to technical Nassif Building, Washington, DC; on the citations, several of which reference corrections and is being issued in Internet at http://dms.dot.gov; or at the certain General Note provisions of the accordance with 19 CFR 0.1(b)(1), National Archives and Records Harmonized Tariff Schedule of the which provides, pursuant to Treasury Administration (NARA). For information on United States (HTSUS). As a result of Department Order No. 100–16, the the availability of this material at the NARA, recent amendments to the HTSUS, Secretary of Homeland Security with call (202) 741–6030, or go to http:// several General Note provisions have the authority to prescribe and approve www.archives.gov/federal_register/ been renumbered; however, the new regulations relating to customs revenue code_of_federal_regulations/ designations are not yet reflected in functions on behalf of the Secretary of ibr_locations.html. Title 19 of the CFR. This document the Treasury when the subject matter of makes conforming technical corrections Issued in Renton, Washington, on August the regulations is not listed in paragraph to Title 19 CFR to reflect the 24, 2005. 1(a)(i) of the order. Such regulations are renumbered General Note provisions of the official regulations of both Ali Bahrami, the HTSUS. Departments notwithstanding that they Manager, Transport Airplane Directorate, The amendments to the HTSUS were are not signed by an official of the Aircraft Certification Service. effected by the United States-Singapore Department of the Treasury. [FR Doc. 05–17600 Filed 9–6–05; 8:45 am] Free Trade Agreement (‘‘USSFTA’’), Accordingly, these regulations are BILLING CODE 4910–13–P Public Law 108–78, 117 Stat. 948 (19 signed by the Commissioner of Customs U.S.C. 3805 note), enacted on and Border Protection as the delegate of September 3, 2003. On December 30, the Secretary of Homeland Security. 2003, the President issued Proclamation 7747 (68 FR 75793) to implement Drafting Information certain provisions of the USSFTA. The principal author of this document Annex I of Proclamation 7747 modified was Ms. Suzanne Kingsbury, Attorney, the HTSUS, in pertinent part, as Regulations Branch, Office of follows: Regulations and Rulings.

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List of Subjects boundaries; Mexico; Motor carriers; PART 7—CUSTOMS RELATIONS WITH Railroads; Reporting and recordkeeping 19 CFR Part 7 INSULAR POSSESSIONS AND requirements; Vessels. GUANTANAMO BAY NAVAL STATION American Samoa; Coffee; Customs duties and inspection; Guam; 19 CFR Part 128 I 1. The authority citation for part 7 is Guantanamo Bay Naval Station, Cuba; Administrative practice and revised to read as follows: Kingman Reef; Liquors; Midway Islands; procedure; Customs duties and Authority: 19 U.S.C. 66, 1202 (General Puerto Rico; Wake Island; Wine. inspection; Freight; Reporting and Note 3(i), Harmonized Tariff Schedule of the United States), 1623, 1624; 48 U.S.C. 1406i. 19 CFR Part 10 recordkeeping requirements. Caribbean Basin initiative; Customs 19 CFR Part 132 PART 10—ARTICLES CONDITIONALLY duties and inspection; Exports; Customs duties and inspection. FREE, SUBJECT TO A REDUCED Reporting and recordkeeping RATE, ETC. requirements. 19 CFR Part 145 Customs duties and inspection; I 2. The general authority citation for 19 CFR Parts 11 and 134 Exports; Lotteries; Reporting and part 10 is revised to read as follows: Customs duties and inspection; recordkeeping requirements. Authority: 19 U.S.C. 66, 1202 (General Labeling; Packaging and containers. Note 3(i), Harmonized Tariff Schedule of the 19 CFR Part 146 United States (HTSUS)), 1321, 1481, 1484, 19 CFR Parts 12 and 141 Administrative practice and 1498, 1508, 1623, 1624, 3314; Customs duties and inspection; procedure; Customs duties and * * * * * Reporting and recordkeeping inspection; Exports; Foreign trade requirements. zones; Penalties; Petroleum; Reporting PART 11—PACKING AND STAMPING; MARKING 19 CFR Part 18 and recordkeeping requirements. Common carriers; Customs duties and 19 CFR Part 148 I 3. The authority citation for part 11 is inspection; Exports; Freight; Penalties; Airmen; Customs duties and revised to read as follows: Reporting and recordkeeping inspection; Foreign officials; Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 requirements; Surety bonds. Government employees; International (General Note 3(i) and (j), Harmonized Tariff Schedule of the United States), 1624. 19 CFR Part 19 organizations; Reporting and recordkeeping requirements; Seamen; PART 12—SPECIAL CLASSES OF Customs duties and inspection; Taxes. Exports; Freight; Reporting and MERCHANDISE recordkeeping requirements; Surety 19 CFR Part 151 I bonds; Warehouses; Wheat. 4. The general authority citation for Cigars and cigarettes; Cotton; Customs part 12 is revised to read as follows: 19 CFR Part 24 duties and inspection; Fruit juices; Laboratories; Metals; Oil imports; Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 Accounting; Claims; Customs duties (General Note 3(i), Harmonized Tariff Reporting and recordkeeping and inspection; Harbors; Reporting and Schedule of the United States (HTSUS)), requirements; Sugar; Wool. recordkeeping requirements; Taxes. 1624; 19 CFR Part 152 * * * * * 19 CFR Part 54 Customs duties and inspection. Customs duties and inspection; PART 18—TRANSPORTATION IN Metals; Reporting and recordkeeping 19 CFR Part 177 BOND AND MERCHANDISE IN requirements. Administrative practice and TRANSIT 19 CFR Part 101 procedure; Customs duties and I 5. The general authority citation for inspection; Government procurement; Customs duties and inspection; part 18 is revised to read as follows: Reporting and recordkeeping Harbors; Organization and functions requirements. Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (Government agencies); Seals and (General Note 3(i), Harmonized Tariff insignia; Vessels. 19 CFR Part 181 Schedule of the United States), 1551, 1552, 1553, 1623, 1624; 19 CFR Part 102 Administrative practice and * * * * * Canada; Customs duties and procedure; Canada; Customs duties and inspection; Imports; Mexico; Reporting inspection; Exports; Imports; Mexico; PART 19—CUSTOMS WAREHOUSES, and recordkeeping requirements; Trade Reporting and recordkeeping CONTAINER STATIONS AND agreements. requirements; Trade agreements. CONTROL OF MERCHANDISE THEREIN 19 CFR Part 111 19 CFR Part 191 Administrative practice and Alcohol and alcoholic beverages; I 6. The general authority citation for procedure; Brokers; Customs duties and Claims; Customs duties and inspection; part 19 is revised to read as follows: inspection; Penalties; Reporting and Exports; Foreign trade zones; Guantanamo Bay Naval Station, Cuba; Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 recordkeeping requirements. (General Note 3(i), Harmonized Tariff Packaging and containers; Reporting Schedule of the United States), 1624; 19 CFR Part 114 and recordkeeping requirements; Trade * * * * * Customs duties and inspection; agreements. Exports; Trade agreements. Amendments to the Regulations PART 24—CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE 19 CFR Part 123 I Chapter 1 of Title 19 of the Code of Canada; Customs duties and Federal Regulations (19 CFR chapter I) I 7. The general authority citation for inspection; Freight; International is amended as set forth below: part 24 is revised to read as follows:

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Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, United States), 1321, 1484, 1498, 1551, 1555, Authority: 19 U.S.C. 66, 1496, 1498, 1624. 66, 1202 (General Note 3(i), Harmonized 1556, 1565, 1624. The provisions of this part, except for subpart Tariff Schedule of the United States), 1505, C, are also issued under 19 U.S.C. 1202 1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. PART 132—QUOTAS (General Note 3(i), Harmonized Tariff 9701; Public Law 107–296, 116 Stat. 2135 (6 Schedule of the United States); U.S.C. 1 et. seq.); I 15. The general authority citation for * * * * * * * * * * part 132 is revised to read as follows: Authority: 19 U.S.C. 66, 1202 (General PART 151—EXAMINATION, PART 54—CERTAIN IMPORTATIONS Note 3(i), Harmonized Tariff Schedule of the SAMPLING, AND TESTING OF TEMPORARILY FREE OF DUTY United States (HTSUS)), 1623, 1624. MERCHANDISE * * * * * I 8. The authority citation for part 54 is I 22. The general authority citation for revised to read as follows: PART 134—COUNTRY OF ORIGIN part 151 is revised to read as follows: Authority: 19 U.S.C. 66, 1202 (General MARKING Authority: 19 U.S.C. 66, 1202 (General Note 3(i); Section XV, Note 5, Harmonized Note 3(i) and (j), Harmonized Tariff Schedule Tariff Schedule of the United States), 1623, I 16. The authority citation for part 134 of the United States (HTSUS)), 1624; 1624. is revised to read as follows: * * * * * PART 101—GENERAL PROVISIONS Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff PART 152—CLASSIFICATION AND I 9. The general authority citation for Schedule of the United States), 1304, 1624. APPRAISEMENT OF MERCHANDISE part 101 is revised to read as follows: PART 141—ENTRY OF MERCHANDISE I 23. The general authority citation for Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, part 152 continues, and the specific 1202 (General Note 3(i), Harmonized Tariff I 17. The general authority citation for Schedule of the United States), 1623, 1624, authority for § 152.13 is revised, to read 1646a. part 141 continues, and the specific as follows: authority for § 141.4 is revised, to read * * * * * Authority: 19 U.S.C. 66, 1401a, 1500, 1502, as follows: 1624; PART 102—RULES OF ORIGIN Authority: 19 U.S.C. 66, 1448, 1484, 1624. * * * * * * * * * * Section 152.13 also issued under 19 I 10. The authority citation for part 102 I Section 141.4 also issued under 19 U.S.C. 1202 (General Note 3(f), is revised to read as follows: U.S.C. 1202 (General Note 3(e); Chapter Harmonized Tariff Schedule of the Authority: 19 U.S.C. 66, 1202 (General 86, Additional U.S. Note 1; Chapter 89, United States (HTSUS)). Note 3(i), Harmonized Tariff Schedule of the Additional U.S. Note 1; Chapter 98, United States), 1624, 3314, 3592. Subchapter III, U.S. Notes 3 and 4; § 152.13 [Amended] Harmonized Tariff Schedule of the I 24. In § 152.13: PART 111—CUSTOMS BROKERS United States), 1498; (a) Paragraph (b)(1) is amended by I 11. The general authority citation for * * * * * removing the word ‘‘Customs’’ and part 111 is revised to read as follows: adding the term ‘‘CBP’’, and by § 141.4 [Amended] removing the reference to number ‘‘20’’ Authority: 19 U.S.C. 66, 1202 (General and adding in its place the term ‘‘3(f)’’; Note 3(i), Harmonized Tariff Schedule of the I 18. Section 141.4 is amended: United States), 1624, 1641. (a) In paragraph (b)(1), by removing (b) Paragraphs (b)(2), (c) introductory text and (c)(1) are amended by removing * * * * * the reference to number ‘‘19’’ and adding in its place the term ‘‘3(e)’’; and references to number ‘‘20’’ each place PART 114—CARNETS (b) In paragraph (c)(2) by removing they appear and adding in their place the word Customs’’ and adding in its the term ‘‘3(f)’’; I 12. The authority citation for part 114 place the term ‘‘CBP’’. (c) Paragraph (c)(2) is amended by is revised to read as follows: removing the word ‘‘Customs’’ and Authority: 19 U.S.C. 66, 1202 (General PART 145—MAIL IMPORTATIONS adding in its place the term ‘‘CBP’’, and Note 3(i), Harmonized Tariff Schedule of the by removing the reference to number United States), 1623, 1624. I 19. The general authority citation for ‘‘20’’ and adding in its place the term part 145 is revised to read as follows: ‘‘3(f)’’; PART 123—CUSTOMS RELATIONS Authority: 19 U.S.C. 66, 1202 (General (d) Paragraph (c)(3) is amended by WITH CANADA AND MEXICO Note 3(i), Harmonized Tariff Schedule of the removing the reference to number ‘‘20’’ United States), 1624; and adding in its place the term ‘‘3(f)’’; I 13. The general authority citation for * * * * * and part 123 is revised to read as follows: (e) Paragraph (d) is amended by Authority: 19 U.S.C. 66, 1202 (General PART 146—FOREIGN TRADE ZONES removing the references to number ‘‘20’’ Note 3(i), Harmonized Tariff Schedule of the each place they appear and adding in United States (HTSUS)), 1431, 1433, 1436, I 20. The authority citation for part 146 their place the term ‘‘3(f)’’. 1448, 1624, 2071 note. is revised to read as follows: * * * * * Authority: 19 U.S.C. 66, 81a-81u, 1202 PART 177—ADMINISTRATIVE (General Note 3(i), Harmonized Tariff RULINGS PART 128—EXPRESS Schedule of the United States), 1623, 1624. CONSIGNMENTS I 25. The authority citation for part 177 PART 148—PERSONAL is revised to read as follows: I 14. The authority citation for part 128 DECLARATIONS AND EXEMPTIONS Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 is revised to read as follows: (General Note 3(i), Harmonized Tariff Authority: 19 U.S.C. 66, 1202 (General I 21. The general authority citation for Schedule of the United States), 1502, 1624, Note 3(i), Harmonized Tariff Schedule of the part 148 is revised to read as follows: 1625;

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PART 181—NORTH AMERICAN FREE tallow derivatives are not prohibited comments received, go to http:// TRADE AGREEMENT cattle materials. Comments also led the www.fda.gov/ohrms/dockets/ agency to reconsider the method cited default.htm and insert the docket I 26. The authority citation for part 181 in the interim final rule for determining number, found in brackets in the is revised to read as follows: insoluble impurities in tallow and to heading of this document, into the Authority: 19 U.S.C. 66, 1202 (General cite instead a method that is less costly ‘‘Search’’ box and follow the prompts Note 3(i), Harmonized Tariff Schedule of the to use and requires less specialized and/or go to the Division of Dockets United States), 1624, 3314; equipment. FDA issued the interim final Management, 5630 Fishers Lane, rm. rule to minimize human exposure to 1061, Rockville, MD 20852. PART 191—DRAWBACK materials that scientific studies have FOR FURTHER INFORMATION CONTACT: I 27. The general authority citation for demonstrated are highly likely to Rebecca Buckner, Center for Food Safety part 191 is revised to read as follows: contain the bovine spongiform and Applied Nutrition (HFS–306), Food encephalopathy (BSE) agent in cattle and Drug Administration, 5100 Paint Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 infected with the disease. FDA believes Branch Pkwy., College Park, MD 20740, (General Note 3(i), Harmonized Tariff that the amended provisions of the Schedule of the United States), 1313, 1624; 301–436–1486. interim final rule provide the same level SUPPLEMENTARY INFORMATION: * * * * * of protection from human exposure to Dated: September 1, 2005. the agent that causes BSE as the original I. Background Robert C. Bonner, provisions. On July 14, 2004, FDA issued an Commissioner, Bureau of Customs and Border DATES: The amendments to the interim interim final rule entitled ‘‘Use of Protection. final rule are effective October 7, 2005. Materials Derived From Cattle in [FR Doc. 05–17662 Filed 9–6–05; 8:45 am] Submit written or electronic comments Human Food and Cosmetics’’ (also BILLING CODE 9110–06–P on the amendments to the interim final referred to as ‘‘the interim final rule’’), rule by November 7, 2005. The Director to address the potential risk of BSE in of the Office of the Federal Register human food and cosmetics (69 FR DEPARTMENT OF HEALTH AND approves the incorporation by reference 42256, July 14, 2004). In the interim HUMAN SERVICES in accordance with 5 U.S.C. 552(a) and final rule, FDA designated certain 1 CFR part 51 of certain publications in materials from cattle as ‘‘prohibited Food and Drug Administration 21 CFR 189.5 and 700.27 as of October cattle materials’’ and banned the use of 7, 2005. such materials in human food, 21 CFR Parts 189 and 700 ADDRESSES: You may submit comments, including dietary supplements, and in cosmetics in §§ 189.5 and 700.27 (21 [Docket No. 2004N–0081] identified by Docket No. 2004N–0081, by any of the following methods: CFR 189.5 and 21 CFR 700.27). In the RIN 0910–AF47 • Federal eRulemaking Portal: http:// interim final rule, FDA designated the www.regulations.gov. Follow the following as prohibited cattle materials: Use of Materials Derived From Cattle in instructions for submitting comments. Specified risk materials (SRMs), the Human Food and Cosmetics • Agency Web site: http:// small intestine from all cattle, material AGENCY: Food and Drug Administration, www.fda.gov/dockets/ecomments. from nonambulatory cattle, material HHS. Follow the instructions for submitting from cattle not inspected and passed for ACTION: Interim final rule and request comments on the agency Web site. human consumption, and mechanically • for comments. E-mail: [email protected]. separated (MS)(Beef). The materials Include Docket No. 2004N–0081 and/or designated as SRMs were the brain, SUMMARY: The Food and Drug RIN number RIN 0910–AF47 in the skull, eyes, trigeminal ganglia, spinal Administration (FDA) is amending the subject line of your e-mail message. cord, vertebral column (excluding the interim final rule on use of materials • FAX: 301–827–6870. vertebrae of the tail, the transverse derived from cattle in human food and • Mail/Hand delivery/Courier [For processes of the thoracic and lumbar cosmetics published in the Federal paper, disk, or CD-ROM submissions]: vertebrae, and the wings of the sacrum), Register of July 14, 2004. In the July 14, Division of Dockets Management, Food and dorsal root ganglia of cattle 30 2004, interim final rule, FDA designated and Drug Administration (HFA -305), months and older, and the distal ileum certain materials from cattle, including 5630 Fishers Lane, rm. 1061, Rockville, of the small intestine and tonsils from the entire small intestine, as ‘‘prohibited MD 20852. all cattle. The Food Safety and cattle materials’’ and banned the use of Instructions: All submissions received Inspection Service (FSIS) of the United such materials in human food, must include the agency name and States Department of Agriculture including dietary supplements, and in Docket No. or Regulatory Information (USDA) designated the same list of cosmetics. FDA is taking this action in Number (RIN) for this rulemaking. All materials as SRMs in its rule entitled response to comments received on the comments received will be posted ‘‘Prohibition of the Use of Specified interim final rule. Information was without change to http://www.fda.gov/ Risk Materials for Human Food and provided in comments that persuaded ohrms/dockets/default.htm , including Requirements for the Disposition of the agency that the distal ileum, one of any personal information provided. For Non-ambulatory Disabled Cattle’’ (69 FR three portions of the small intestine, detailed instructions on submitting 1862, January 12, 2004). In addition, could be consistently and effectively comments and additional information FDA provided an alternative standard removed from the small intestine, such on the rulemaking process, see the for tallow in its interim final rule. that the remainder of the small ‘‘Effective Date and Opportunity for Tallow must be produced by either intestine, formerly a prohibited cattle Public Comment’’ heading of the excluding prohibited cattle materials or, material, could be used for human food SUPPLEMENTARY INFORMATION in section if produced using prohibited cattle or cosmetics. We (FDA) are also IV of this document. materials, must contain no more than clarifying that milk and milk products, Docket: For access to the docket to 0.15 percent insoluble impurities. hide and hide-derived products, and read background documents or Tallow derivatives were exempted from

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the provisions of FDA’s interim final importers and exporters of natural the small intestine. Furthermore, rule. casings and beef by-products that comments from the natural casing The comment period for the interim requested that the agency amend its industry stated that, because of the final rule closed on October 12, 2004. prohibited cattle materials rule to distal ileum’s physical properties, After reviewing comments received on prohibit only the distal ileum portion of particularly the absence of a curve and the interim final rule, FDA determined the small intestine for human food and an irregular thick surface, the distal that it needed to make some changes cosmetics, rather than the entire small ileum is not useable as a natural casing and clarifications now, rather than intestine. As stated in the comments, for sausage products. Thus, these waiting until we could address all of the infectivity has only been confirmed in comments noted, many slaughter comments in a final rule. We are the distal ileum of the small intestine of establishments in the United States and amending or clarifying the interim final cattle infected with BSE under Canada have a policy of removing the rule in the following five areas: experimental conditions, and the distal ileum from all cattle at the time 1. Use of small intestine, technology exists to effectively remove of slaughter. Furthermore, as stated by 2. Status of milk and milk products, the distal ileum portion from the rest of the comments, slaughter establishments 3. Status of tallow derivatives, the small intestine. in Brazil, Argentina, and Uruguay, the 4. Status of cattle hide, and Comments also described, in detail, three countries that are the major 5. Testing method cited for examples of verifiable procedures for exporters of natural casings to the determining the level of insoluble the effective removal of the distal ileum United States, have all been able to impurities in tallow. portion of the small intestine, which is certify the removal of the distal ileum We are making these amendments to made up of three sections: The using achievable standards when the interim final rule in part in response duodenum, the jejunum, and the ileum. requested to do so by their U.S. to comments indicating uncertainty One procedure described in the customers. regarding the status of certain products comments begins with the removal of In addition to comments requesting under the interim final rule and new the small intestine from the abomasum. that only the distal ileum portion of the information regarding removal of the Under this procedure, the small small intestine be prohibited from use distal ileum. intestine is separated from the caecum in human food and cosmetics, we at the ileocecal orifice, and the ileum is received comments stating that the II. Amendments and Clarifications to separated from the jejunum at the entire small intestine or both the small the Interim Final Rule flange. According to the comments, the and large intestines should be A. Prohibition on the Use of Small resulting segment that contains the considered SRMs. Comments noted that Intestine From All Cattle distal ileum would measure 36 to 72 the European Union (EU) identifies both inches in length depending on the age the small and large intestine as specified In the interim final rule of July 14, and size of the animal. risk material and prohibits their use in 2004, FDA prohibited the use of the Another procedure described in the food. As stated in comments, this was entire small intestine in human food comments also begins with removal of done in the EU because BSE infection is and cosmetics, even though the agency the small intestine from the abomasum, associated with absorption of the BSE (at the time the interim final rule was except that under this procedure the agent from contaminated feed and issued) only considered, and currently small intestine remains attached to the because it is not possible to prevent only considers, the distal ileum portion caecum. The separation of the non- slaughterhouse contamination of other of the small intestine to be an SRM. As ileum sections of the small intestine intestinal areas with matter from the stated in the preamble to the interim from the ileum is made at a point 36 to ileum. Comments also cited a study final rule, FDA prohibited the use of the 80 inches from the caecum, leaving the showing that the myenteric plexus of entire small intestine because at the entire ileum of the small intestine the distal ileum was positive when time we believed: (1) It would be attached to the caecum. According to immunostained in naturally infected difficult to distinguish one end of the the comments, leaving the ileum and experimentally infected cattle. The small intestine from the other once it attached to the caecum at this initial comments noted that, because the had been removed from the animal; (2) stage provides an easily verifiable point myenteric plexus runs throughout the there was a lack of international of reference for on-line inspectors. The intestine, the possibility of infectivity in agreement on how much of the small next step in this procedure is to separate other sections of the intestine cannot be intestine should be removed to ensure the 36 to 80 inch portion of the intestine discounted. Comments also noted that that the distal ileum is separated from that contains the ileum from the caecum the International Review Team (IRT), the remainder of the intestine; and (3) at the ileocecal orifice, leaving the appointed to review BSE prevention given the lack of international caecum and the small intestine for measures in the United States after the consensus on the issue, a manufacturer edible use. discovery of the BSE-positive cow in or processor would not be able to Another comment noted that, prior to Washington State, recommended that document that the distal ileum was December 2003, Japan accepted the SRM ban be amended to include the adequately removed (69 FR 42256 at importation of beef casings from the entire small and large intestines. 42259). We requested comments United States on the basis of U.S. addressing our reasons for prohibiting government certified removal of the 2. Response to Comments use of the entire small intestine and distal ileum from the small intestine. After considering the comments solicited specific information on The procedure required the removal of submitted on the removal of the distal whether processors may be able to at least 80 inches of the small intestine, ileum, FDA has concluded that effectively remove just the distal ileum. measured from the junction of the ileum processors have the technology to and the caecum, to ensure removal of effectively remove the distal ileum 1. Comments Received the distal ileum. portion from the rest of the small In response to the interim final rule, Several comments indicated that, intestine. FDA received comments from beef because of the distinct shape of the FDA believes that procedures to processors, the natural casing industry, distal ileum of cattle, it is easy to verify ensure effective removal of the distal the beef by-product industry, and the effective removal of this portion of ileum require that at least 80 inches of

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the uncoiled and trimmed small eliminate the possibility that infectivity products made with beef casings. It is intestine, as measured from the caeco- might exist in the jejunum or the important to note that natural beef colic junction and progressing duodenum. However, that same study casings and other FDA regulated proximally towards the jejunum, be found no evidence of abnormal prion products derived from small intestine removed. We believe that these protein in the sections of the duodenum are also subject to FSIS requirements procedures ensure removal of the entire and the jejunum examined. Therefore, it when used in FSIS regulated products. distal ileum despite differences in is likely that, if any infectivity is Specifically, FSIS will not permit length of the intestinal tract or its present, it is at levels too low to present natural casings derived from beef small segments between breeds or among a public health risk. We realize that the intestine to be used in meat food animals of different sizes of the same studies on tissue infectivity have products unless the casings are derived breed. An alternative removal procedure limitations, but we are not aware of from cattle that have been inspected and may be used if an establishment can evidence that intestine other than the passed in a U.S. official establishment demonstrate that it is equally effective distal ileum harbors infectivity in cattle or in a certified foreign establishment. in ensuring that the entire distal ileum with BSE. If we become aware of data is completely removed. indicating that other portions of the B. Status of Milk and Milk Products We do not agree with comments that small intestine or the large intestine in The interim final rule provides that stated that the entire small intestine or cattle harbor infectivity, we will take no human food or cosmetics shall be both the small and the large intestine action appropriate to the public health manufactured from, processed with or should be designated as SRMs. Though risk presented by the tissues. otherwise contain, prohibited cattle the EU prohibits the entire intestine We also do not agree that cross materials. Prohibited cattle materials from use in food, the data that we are contamination of other parts of the include material from cattle not aware of indicating infectivity along the intestine with infectivity in the distal inspected and passed for human entire intestine is from other species, ileum is unavoidable in the consumption. not from cattle infected with BSE or slaughterhouse. Comments provided other transmissible spongiform several methods by which the distal 1. Comments Received encephalopathies (TSEs) (Refs. 1 to 6). ileum can be consistently and Several comments noted that milk Though the studies in other species effectively removed from the rest of the and milk products could be viewed as represent the distribution of infectivity small intestine without cross products that are not inspected and in those species, they may not represent contamination during slaughter. We passed because milk is obtained from the distribution of infectivity in cattle agree that, if these methods are properly live animals that do not undergo the infected with BSE as evidenced by implemented, cross contamination can same inspection as cattle during studies with bovine tissue. be avoided. slaughter. These comments noted that In cattle, infectivity has been found in Finally, we do not agree that we milk and milk products are the distal ileum in tissue bioassay from should require that the entire intestine internationally recognized to present a cattle experimentally given BSE (Ref. 7; of all cattle be designated an SRM negligible risk of transmitting the agent see discussion in sections I. E and F of because the IRT recommended it. As that causes BSE and asked that we the interim final rule). In cattle stated previously in this document, the clarify the status of milk and milk experimentally infected with BSE, agency does not find that there is products under the interim final rule. positive Peyer’s patches were found by sufficient evidence to support immunohistochemistry only in the designating the entire intestine as an 2. Response to Comments distal ileum, and in cattle with naturally SRM. The interim final rule applies to occurring and experimental BSE, Therefore, we are amending materials from cattle slaughtered on or positive myenteric plexus neurons were §§ 189.5(a)(1) and 700.27(a)(1) to reflect after the effective date and was not found only in the distal ileum (Ref. 8). that small intestine is a prohibited cattle meant to apply to milk and milk The duodenum of cattle experimentally material unless it meets the provisions products, which come from live cattle. given BSE has not demonstrated of new §§ 189.5(b)(2) and 700.27(b)(2). Therefore, we are amending infectivity when tested by mouse New §§ 189.5(b)(2) and 700.27(b)(2) §§ 189.5(a)(1) and 700.27(a)(1) to clarify bioassay and has been negative for the state that small intestine is not that milk and milk products are not presence of abnormal prions when considered prohibited cattle material if included in the definition of examined by immunohistochemistry the distal ileum is removed by a ‘‘prohibited cattle materials.’’ during all stages in the pathgenesis of procedure that verifiably removes at the disease (Refs. 8 and 9). Few samples least 80 inches of the uncoiled and C. Clarification of the Classification of of jejunum have been tested, but those trimmed small intestine as measured Tallow Derivatives that have been tested were negative for from the caeco-colic junction and The interim final rule defines tallow the presence of abnormal prions when progressing proximally towards the and tallow derivatives and states that examined by immunohistochemistry jejunum or by a procedure that the prohibited cattle materials do not (Ref. 8). In a bioassay of tissues from establishment can demonstrate is include tallow that contains no more cattle with naturally-occuring BSE, no equally effective in ensuring complete than 0.15 percent hexane-insoluble infectivity was found in the splanchnic removal of the distal ileum. impurities and tallow derivatives. nerve, rumen, omasum, abomasum, These amendments to FDA’s interim proximal small intestine, proximal final rule are consistent with 1. Comments Received colon, distal colon, and rectum, or even amendments that USDA made to its Several comments requested that we in the distal small intestine (Ref. 9). interim final rule regarding use of small clarify whether the tallow used as The study by Terry and others (Ref. 8) intestine appearing elsewhere in this starting material for the tallow indicated that the myenteric plexus of issue of the Federal Register. FDA derivatives has to contain no more than the distal ileum contained some regulates stripped and cleaned casings 0.15 percent insoluble impurities in abnormal prion protein in neurons. This derived from bovine small intestine, and order for the tallow derivatives not to be tissue extends throughout the small USDA’s FSIS regulates unprocessed included in the definition of intestine, so we cannot completely bovine small intestine and ‘‘meat food’’ ‘‘prohibited cattle materials.’’

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2. Response to Comments Therefore, we are exempting hides from currently used by the domestic tallow The exemption of tallow derivatives the provisions of the interim final rule industry, uses updated equipment, is from the definition of ‘‘prohibited cattle and are amending §§189.5(a)(1) and less expensive to implement, and may materials’’ does not depend on the 700.27(a)(1) to clarify that hides and be more sensitive than the FCC method. source tallow for the derivatives. For the hide-derived products are not included Reference to the AOCS method in the reasons discussed in the preamble to the in the definitions of ‘‘prohibited cattle amended interim final rule does not interim final rule, tallow derivatives materials.’’ Though we are exempting exclude use of the FCC method we cited present a negligible risk of transmitting hides from the provisions of the interim in the interim final rule. Any testing the agent that causes BSE regardless of final rule, manufacturers and processors method may be used that is equivalent the source tallow. Therefore, all tallow must take precautions to avoid cross to the AOCS method. Those wishing to derivatives are exempt from the ban on contamination of hides and other use an alternate test are responsible for the use of prohibited cattle materials in nonprohibited cattle material with determining that it is equivalent to the human food and cosmetics. prohibited cattle material during AOCS method cited in the interim final slaughter and processing. If hides are rule as amended here; it is not necessary D. Status of Human Food and Cosmetics cross contaminated with prohibited that FDA approve the use of an alternate Derived From Cattle Hide cattle material, they will be considered test. The interim final rule provides that adulterated. III. Summary of Amendments to the no human food or cosmetics shall be E. Method for Determining the Level of Interim Final Rule manufactured from, processed with or Insoluble Impurities in Tallow otherwise contain, prohibited cattle We are amending §§ 189.5(a)(1) and materials. Prohibited cattle materials Under the interim final rule 700.27(a)(1) to reflect that small include products that have not been (§§ 189.5(a)(6) and 700.27(a)(6)), any intestine is a prohibited cattle material inspected and passed for human raw materials may be used as the unless it meets the provisions of new consumption. Cattle hides, which are starting material for tallow production §§ 189.5(b)(2) and 700.27(b)(2). New used as source material for collagen and as long as the resulting tallow contains §§ 189.5(b)(2) and 700.27(b)(2) state that collagen casings, receive antemortem no more than 0.15 percent hexane small intestine is not considered but not postmortem inspection in most insoluble impurities. The interim final prohibited cattle material if the distal slaughter operations. rule requires that the method for ileum is removed by a procedure that ‘‘hexane-insoluble matter’’ described in removes at least 80 inches of the 1. Comments Received the 5th edition of the Food Chemicals uncoiled and trimmed small intestine as Several comments stated that the Codex (FCC) be used to measure measured from the caeco-colic junction commenters did not believe that FDA hexane-insoluble impurities in tallow. and progressing proximally towards the meant to designate all cattle hide and The interim final rule also states that an jejunum or by a procedure that the products derived from hide as alternative method may be used if it is establishment can demonstrate is prohibited cattle material because they equivalent to the FCC method. equally effective in ensuring complete removal of the distal ileum. do not undergo postmortem inspection. 1. Comments Received These comments also pointed out that We are amending §§ 189.5(a)(1) and antemortem inspection is when BSE We received several comments 700.27(a)(1) to specify that milk and might be detected from the behavior or requesting that we specify a different milk products and hides and hide- appearance of the animal, while method for measuring insoluble derived products are not prohibited postmortem inspection is more useful impurities in tallow. Comments stated cattle materials. for detecting cross contamination among that the domestic tallow industry Finally, we are amending parts of the carcass. Comments primarily uses a method of the §§ 189.5(a)(6) and 700.27(a)(6) to indicated that risk of cross American Oil Chemists’ Society (AOCS) indicate that tallow, if it is sourced from contamination by other carcass parts is to measure insoluble impurities. In unknown materials, must contain not not relevant for the hide because it is comparison to the FCC method, more than 0.15 percent insoluble removed at the beginning of the comments stated that the AOCS method impurities as determined by the method slaughter process. In addition, is less expensive, requires less solvent ‘‘Insoluble Impurities’’ (AOCS Official comments noted that cattle hide is and has lower solvent disposal costs, Method Ca 3a-46), AOCS, or another internationally recognized to be a tissue and does not require specialized method equivalent in accuracy, with a negligible risk of transmitting the equipment or supplies. These comments precision, and sensitivity to AOCS agent that causes BSE, and the World requested that FDA approve the AOCS Official Method Ca 3a-46. method for measuring insoluble Organization for Animal Health (OIE) IV. Effective Date and Opportunity for impurities. recommends that it be freely traded Public Comment regardless of the BSE risk status of the 2. Response to Comments exporting countries. FDA provided the public with an FDA agrees that the FCC method is opportunity to comment on the issues 2. Response to Comments more expensive, uses more solvent, and raised by the interim final rule and We agree with these comments. It was requires more specialized equipment addressed in this document. These not our intention to designate all than other methods currently used by amendments to the interim final rule are products derived from cattle hide as industry. In response to comments and in response to some of those comments. prohibited cattle materials for use in the information we obtained about the These amendments to the interim final human food and cosmetics. We also various methods, we are amending the rule are effective October 7, 2005. FDA recognize that cattle hide has been interim final rule to cite the method for invites public comment on these determined to be a tissue with negligible measuring insoluble impurities of the amendments to the interim final rule. risk of transmitting the agent that causes AOCS (‘‘Insoluble Impurities,’’ AOCS The comment period will be 60 days. BSE and that the OIE recommends that Official Method Ca 3a-46) or a method The agency will consider modifications it be freely traded regardless of the BSE equivalent to it in accuracy, precision to these amendments to the interim final risk status of the exporting countries. and sensitivity. The AOCS method is rule based on comments made during

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the comment period. Interested persons manufactured from, processed with, or VI. References may submit to the Division of Dockets otherwise contain small intestine if the Management (see ADDRESSES) written or distal ileum is effectively removed. FDA The following references have been electronic comments regarding these regulates stripped and cleaned casings placed on display in the Division of amendments to the interim final rule. derived from bovine small intestine, and Dockets Management (see ADDRESSES) Submit a single copy of electronic USDA’s FSIS regulates unprocessed and may be seen by interested persons comments or two paper copies of any bovine small intestine and ‘‘meat food’’ between 9 a.m. and 4 p.m., Monday mailed comments, except that products made with beef casings. Very through Friday. (FDA has verified the individuals may submit one paper copy. few, if any, FDA regulated foods use Web site addresses, but we are not Comments are to be identified with the beef intestines or beef casings as an responsible for subsequent changes to docket number found in brackets in the ingredient. Therefore, the impact on the nonFDA Web sites after this heading of this document. Received FDA regulated food industries as a document publishes in the Federal comments may be seen in the Division result of this amendment to the final Register.) of Dockets Management between 9 a.m. rule is expected to be small. In the 1. Jeffrey, M., S. Ryder, S. Martin, et al., and 4 p.m., Monday through Friday. economic analysis of the interim final ‘‘Oral Inoculation of Sheep With the Agent of Bovine Spongiform Encephalopathy (BSE). 1. FDA will address other comments rule, FDA did not estimate any received in response to the interim final Onset and Distribution of Disease-Specific opportunity costs for cattle slaughterers PrP Accumulation in Brain and Viscera,’’ rule and comments received in response or manufacturers that used beef small to this amendment in further Journal of Comparative Pathology, 124: 280– intestines and beef natural casings in 289, 2001. rulemaking. their products because the small 2. Bons, N., S. Lehmann, N. Nishida, et al., V. Executive Order 12866 and intestine had already been banned as ‘‘BSE Infection of the Small Short-Lived Regulatory Flexibility Act human food by the FSIS interim final Primate Microcebus Murinus,’’ Comptes rule (69 FR 1862, January 12, 2004). Rendus Biologies, 325: 67–74, 2002. FDA has examined the economic USDA’s FSIS is amending its interim 3. Herzog, C., N. Sales, N. Etchegaray, et implications of this amendment to the al., ‘‘Tissue Distribution of Bovine interim final rule as required by final rule to allow the use of bovine small intestine, without the distal Spongiform Encephalopathy Agent in Executive Order 12866. Executive Order Primate After Intravenous or Oral Infection,’’ 12866 directs agencies to assess all costs ileum, in USDA regulated products. FDA’s amendment will benefit those Lancet, 363: 422–428, 2004. and benefits of available regulatory 4. Jeffrey, M., I. Begara-McGorum, S. Clark, alternatives and, when regulation is FSIS regulated manufacturers who use et al., ‘‘Occurrence and Distribution of necessary, to select regulatory beef casings; FDA’s amendment again Infection-Specific PrP in Tissues of Clinical approaches that maximize net benefits allows this bovine material potentially Scrapie Cases and Cull Sheep From Scrapie- (including potential economic, to be used in FSIS regulated products. Affected Farms in Shetland,’’ Journal of environmental, public health and safety, See the FSIS interim final rule (69 FR Comparative Pathology, 127: 264–273, 2002. and other advantages; distributive 1862; January 12, 2004) and 5. Press, C. McL., R. Heggebo, A. Espenes, impacts; and equity). Executive Order accompanying analysis for the cost ‘‘Involvement of Gut-Associated Lymphoid 12866 classifies a rule as significant if savings associated with the renewed use Tissue of Ruminants in the Spread of of bovine small intestine in human Transmissible Spongiform it meets any one of a number of Encephalopathies,’’ Advanced Drug Delivery specified conditions, including: Having foods products. Tallow Reviews, 56: 885–899, 2004. an annual effect on the economy of $100 6. Heggebo, R., C. McL. Press, G. Gunnes, million, adversely affecting a sector of FDA is amending the interim final ‘‘Distribution and Accumulation of PrP in the economy in a material way, rule to cite the AOCS method for Gut-Associated and Peripheral Lymphoid adversely affecting competition, or measuring insoluble impurities in Tissue of Scrapie-Affected Suffolk Sheep,’’ adversely affecting jobs. A regulation is tallow. The domestic tallow industry Journal of General Virology, 83: 479–489, also considered a significant regulatory primarily uses the AOCS method to 2002. action if it raises novel legal or policy measure insoluble impurities in tallow, issues. FDA has determined that this so this change to the rule will reduce 7. Wells, G. A. H., M. Dawson, S. A. C. amendment to the interim final rule is the burden of having to switch to a new Hawkins, et al., ‘‘Infectivity in the Ileum of Cattle Challenged Orally With Bovine not an economically significant measurement standard for many of the Spongiform Encephalopathy,’’ Veterinary regulatory action. domestic tallow manufacturers. In comparison to the FCC method cited by Record, 135: 40–41, 1994. FDA has examined the economic 8. Terry, L. A., S. Marsh, S. J. Ryder, et al., the interim final rule, commenters implications of this amendment to the ‘‘Detection of Disease-Specific PrP in the interim final rule as required by the stated that the AOCS method is less Distal Ileum of Cattle Exposed Orally to the Regulatory Flexibility Act (5 U.S.C. expensive than the FCC method. Tallow Agent of Bovine Spongiform 601–612). If a rule has a significant producers do not have to use the AOCS Encephalopathy,’’ Veterinary Record, 152: economic impact on a substantial method if they use another method that 387–392, 2003. number of small entities, the Regulatory is equivalent to the AOCS method in 9. Scientific Steering Committee, European Flexibility Act requires agencies to accuracy, precision, and sensitivity. Commission, ‘‘Update on the Opinion of TSE analyze regulatory options that would Tallow producers using nonAOCS Infectivity Distribution in Ruminant Tissues: lessen the economic effect of the rule on methods that can be validated will Initially Adopted by the Scientific Steering small entities. FDA has determined that likely not switch methods and will only Committee at its Meeting of January 10–11, 2002, and Amended at its Meeting of this amendment to the interim final rule bear the cost burden of validating that their method is equivalent to the AOCS November 7–8, 2002, Following the does not have a significant economic Submission of a Risk Assessment by the impact on a substantial number of small method. Tallow producers, who do not German Federal Ministry of Consumer entities. currently use the AOCS method but Protection, Food and Agriculture and New Bovine Small Intestine decide to switch to the method as a Scientific Evidence Regarding BSE Infectivity The effect of amending the interim result of this amendment to the interim Distribution in Tonsils,’’ accessed online at final rule will be that FDA regulated final rule, will pay a $50 fee to obtain http://europa.eu.int/comm/food/fs/bse/ human food and cosmetics may be the AOCS copyrighted method. scientific_advice08_en.html.

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List of Subjects (4) Nonambulatory disabled cattle the distal ileum is removed by a means cattle that cannot rise from a procedure that removes at least 80 21 CFR Part 189 recumbent position or that cannot walk, inches of the uncoiled and trimmed Food additives, Food packaging, including, but not limited to, those with small intestine, as measured from the Incorporation by reference. broken appendages, severed tendons or caeco-colic junction and progressing ligaments, nerve paralysis, fractured 21 CFR Part 700 proximally towards the jejunum, or by vertebral column, or metabolic a procedure that the establishment can Cosmetics, Packaging and containers, conditions. demonstrate is equally effective in Incorporation by reference. ensuring complete removal of the distal I Therefore, under the Federal Food, (5) Specified risk material means the ileum. Drug, and Cosmetic Act, and under brain, skull, eyes, trigeminal ganglia, (c) Records. Manufacturers and authority delegated to the Commissioner spinal cord, vertebral column processors of human food that is of Food and Drugs, 21 CFR parts 189 (excluding the vertebrae of the tail, the manufactured from, processed with, or and 700 are amended as follows: transverse processes of the thoracic and otherwise contains, cattle material must lumbar vertebrae, and the wings of the make existing records relevant to PART 189—SUBSTANCES sacrum), and dorsal root ganglia of cattle compliance with this section available PROHIBITED FROM USE IN HUMAN 30 months and older and the tonsils and to FDA for inspection and copying. FOOD distal ileum of the small intestine of all (d) Adulteration. cattle. (1) Failure of a manufacturer or I 1. The authority citation for 21 CFR (6) Tallow means the rendered fat of processor to operate in compliance with part 189 continues to read as follows: cattle obtained by pressing or by the requirements of paragraphs (b) or (c) Authority: 21 U.S.C. 321, 342, 348, 371. applying any other extraction process to of this section renders human food I 2. Part 189 is amended by revising tissues derived directly from discrete adulterated under section 402(a)(4) of § 189.5 to read as follows: adipose tissue masses or to other carcass the act. parts and tissues. Tallow must be (2) Human food manufactured from, Subpart B—Prohibited Cattle Materials produced from tissues that are not processed with, or otherwise containing, Sec. prohibited cattle materials or must prohibited cattle materials is unfit for § 189.5 Prohibited cattle materials. contain not more than 0.15 percent human food and deemed adulterated insoluble impurities as determined by under section 402(a)(3) of the act. Subpart B—Prohibited Cattle Materials the method entitled ‘‘Insoluble (3) Food additive status. Prohibited § 189.5 Prohibited cattle materials. Impurities’’ (AOCS Official Method Ca cattle materials for use in human food 3a-46), American Oil Chemists’ Society are food additives subject to section 409 (a) Definitions. The definitions and (AOCS), 5th Edition, 1997, incorporated of the act, except when used as dietary interpretations of terms contained in by reference in accordance with 5 U.S.C. ingredients in dietary supplements. The section 201 of the Federal Food, Drug, 552(a) and 1 CFR part 51, or another use or intended use of any prohibited and Cosmetic Act (the act) apply to such method equivalent in accuracy, cattle material in human food causes the terms when used in this part. The precision, and sensitivity to AOCS material and the food to be adulterated following definitions also apply: Official Method Ca 3a-46. You may under section 402(a)(2)(C) of the act if (1) Prohibited cattle materials means obtain copies of the method from AOCS the prohibited cattle material is a food specified risk materials, small intestine (http://www.aocs.org) 2211 W. Bradley additive, unless it is the subject of a of all cattle except as provided in Ave. Champaign, IL 61821. Copies may food additive regulation or of an paragraph (b)(2) of this section, material be examined at the Center for Food investigational exemption for a food from nonambulatory disabled cattle, Safety and Applied Nutrition’s Library, additive under § 170.17 of this chapter. material from cattle not inspected and 5100 Paint Branch Pkwy., College Park, passed, or mechanically separated MD 20740, or at the National Archives PART 700—GENERAL (MS)(Beef). Prohibited cattle materials and Records Administration (NARA). do not include tallow that contains no I For information on the availability of 3. The authority citation for 21 CFR more than 0.15 percent insoluble this material at NARA, call 202–741– part 700 continues to read as follows: impurities, tallow derivatives, hides and 6030, or go to http://www.archives.gov/ Authority: 21 U. S. C. 321, 331, 352, 355, hide-derived products, and milk and federal_register/ 361, 362, 371, 374. milk products. code_of_federal_regulations/ I 4. Part 700 is amended by revising (2) Inspected and passed means that ibr_locations.html. § 700.27 to read as follows: the product has been inspected and passed for human consumption by the (7) Tallow derivative means any § 700.27 Use of prohibited cattle materials appropriate regulatory authority, and at chemical obtained through initial in cosmetic products. the time it was inspected and passed, it hydrolysis, saponification, or trans- (a) Definitions. The definitions and was found to be not adulterated. esterification of tallow; chemical interpretations of terms contained in (3) Mechanically Separated conversion of material obtained by section 201 of the Federal Food, Drug, (MS)(Beef) means a meat food product hydrolysis, saponification, or trans- and Cosmetic Act (the act) apply to such that is finely comminuted, resulting esterification may be applied to obtain terms when used in this part. The from the mechanical separation and the desired product. following definitions also apply: removal of most of the bone from (b) Requirements. (1) Prohibited cattle materials means attached skeletal muscle of cattle (1) No human food shall be specified risk materials, small intestine carcasses and parts of carcasses that manufactured from, processed with, or of all cattle except as provided in meets the specifications contained in 9 otherwise contain, prohibited cattle paragraph (b)(2) of this section, material CFR 319.5, the regulation that prescribes materials. from nonambulatory disabled cattle, the standard of identity for MS material from cattle not inspected and (Species). (2) The small intestine is not passed, or Mechanically Separated considered prohibited cattle material if (MS)(Beef). Prohibited cattle materials

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do not include tallow that contains no Administration (NARA). For SUMMARY: The Food and Drug more than 0.15 percent insoluble information on the availability of this Administration (FDA) published a final impurities, tallow derivatives, hides and material at NARA, call 202–741–6030, rule in the Federal Register of October hide-derived products, and milk and or go to http://www.archives.gov/federal 31, 2003 (68 FR 62007). The final rule milk products. _register/code_of_federal_regulations/ classified the endotoxin assay into class (2) Inspected and passed means that ibr_locations.html. II (special controls). The agency the product has been inspected and classified the device into class II passed for human consumption by the (7) Tallow derivative means any (special controls) in order to provide appropriate regulatory authority, and at chemical obtained through initial reasonable assurance of safety and the time it was inspected and passed, it hydrolysis, saponification, or trans- effectiveness of the device. FDA is was found to be not adulterated. esterification of tallow; chemical (3) Mechanically Separated conversion of material obtained by amending the agency’s regulations to (MS)(Beef) means a meat food product hydrolysis, saponification, or trans- redesignate the section number listed in that is finely comminuted, resulting esterification may be applied to obtain the Code of Federal Regulations (CFR) from the mechanical separation and the desired product. from § 866.3610 to § 866.3210. removal of most of the bone from (b) Requirements. DATES: This rule is effective September attached skeletal muscle of cattle (1) No cosmetic shall be manufactured 7, 2005. carcasses and parts of carcasses that from, processed with, or otherwise meet the specifications contained in 9 contain, prohibited cattle materials. FOR FURTHER INFORMATION CONTACT: CFR 319.5, the regulation that prescribes (2) The small intestine is not Freddie M. Poole, Center for Devices the standard of identity for MS considered prohibited cattle material if and Radiological Health (HFZ–440), (Species). the distal ileum is removed by a Food and Drug Administration, 2098 procedure that removes at least 80 Gaither Rd., Rockville, MD 20850, 240– (4) Nonambulatory disabled cattle inches of the uncoiled and trimmed 276–0496 ext. 1111. means cattle that cannot rise from a small intestine, as measured from the recumbent position or that cannot walk, caeco-colic junction and progressing SUPPLEMENTARY INFORMATION: FDA has including, but not limited to, those with proximally towards the jejunum, or by found that the endotoxin assay broken appendages, severed tendons or a procedure that the establishment can regulation does not reflect the correct ligaments, nerve paralysis, fractured demonstrate is equally effective in section number listed in the CFR. vertebral column, or metabolic ensuring complete removal of the distal Accordingly, FDA is amending the conditions. ileum. regulation in § 866.3610 (21 CFR (c) Records. Manufacturers and 866.3610) to correct the error by (5) Specified risk material means the processors of cosmetics that are redesignating the section number from brain, skull, eyes, trigeminal ganglia, manufactured from, processed with, or § 866.3610 to 866.3210. spinal cord, vertebral column otherwise contain, cattle material must (excluding the vertebrae of the tail, the make existing records relevant to List of Subjects in 21 CFR Part 866 transverse processes of the thoracic and compliance with this section available Biologics, Laboratories, Medical lumbar vertebrae, and the wings of the to FDA for inspection and copying. devices. sacrum), and dorsal root ganglia of cattle (d) Adulteration. Failure of a 30 months and older and the tonsils and manufacturer or processor to operate in I Therefore, under the Federal Food, distal ileum of the small intestine of all compliance with the requirements of Drug, and Cosmetic Act and under cattle. paragraph (b) or (c) of this section authority delegated to the Commissioner (6) Tallow means the rendered fat of renders a cosmetic adulterated under of Food and Drugs, 21 CFR part 866 is cattle obtained by pressing or by section 601(c) of the act. amended as follows: applying any other extraction process to tissues derived directly from discrete Dated: August 31, 2005. Jeffrey Shuren, PART 866—IMMUNOLOGY AND adipose tissue masses or to other carcass MICROBIOLOGY DEVICES parts and tissues. Tallow must be Assistant Commissioner for Policy. produced from tissues that are not [FR Doc. 05–17693 Filed 9–6–05; 8:45 am] I 1. The authority citation for 21 CFR prohibited cattle materials or must BILLING CODE 4160–01–S part 866 continues to read as follows: contain not more than 0.15 percent insoluble impurities as determined by Authority: 21 U.S.C. 351, 360, 360c, 360e, the method entitled ‘‘Insoluble DEPARTMENT OF HEALTH AND 360j, 371. Impurities’’ (AOCS Official Method Ca HUMAN SERVICES 3a-46), American Oil Chemists’ Society § 866.3610 [Redesignated as § 866.3210 ] Food and Drug Administration (AOCS), 5th Edition, 1997, incorporated I 2. Section 866.3610 is redesignated as by reference in accordance with 5 U.S.C. 21 CFR Part 866 § 866.3210. 552(a) and 1 CFR part 51, or another method equivalent in accuracy, [Docket No. 2003D–0221] Dated: August 26, 2005. precision, and sensitivity to AOCS Linda S. Kahan, Official Method Ca 3a-46. You may Medical Devices; Immunology and Deputy Director, Center for Devices and obtain copies of the method from the Microbiology Devices; Classification of Radiological Health. AOCS (http://www.aocs.org) 2211 W. the Endotoxin Assay; Technical [FR Doc. 05–17645 Filed 9–6–05; 8:45 am] Amendment Bradley Ave. Champaign, IL 61821. BILLING CODE 4160–01–S Copies may be examined at the Center AGENCY: Food and Drug Administration, for Food Safety and Applied Nutrition’s HHS. Library, 5100 Paint Branch Pkwy., ACTION: Final rule; technical College Park, MD 20740, or at the amendment. National Archives and Records

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DEPARTMENT OF HOMELAND is given to the bridge tender at (609) regulation. Under 5 U.S.C. 553(b)(B), the SECURITY 822–1805 or via marine radio on Coast Guard finds that good cause exists channel 13 VHF. At all other times, the for not publishing an NPRM, and under Coast Guard draw shall open on signal. 5 U.S.C. 553(d)(3), good cause exists for In accordance with 33 CFR 117.35(c), making this rule effective less than 30 33 CFR Part 117 this work will be performed with all due days after publication in the Federal [CGD05–05–108] speed in order to return the bridge to Register. Publishing an NPRM and normal operation as soon as possible. delaying its effective date would be Drawbridge Operation Regulations; This deviation from the operating contrary to public interest because New Jersey Intracoastal Waterway, regulations is authorized under 33 CFR immediate action is needed to protect Inside Thorofare, Ventnor City, NJ 117.35. vessels and mariners from the safety Dated: August 23, 2005. hazards associated with the New AGENCY: Coast Guard, DHS. Waverly W. Gregory, Jr., Greenville Bridge construction. The ACTION: Notice of temporary deviation Chief, Bridge Administration Branch Fifth Coast Guard first learned on July 6, 2005 from regulations. Coast Guard District. that there would be construction and a SUMMARY: The Commander, Fifth Coast [FR Doc. 05–17715 Filed 9–6–05; 8:45 am] need for a safety zone. Guard District, has approved a BILLING CODE 4910–15–P Background and Purpose temporary deviation from the regulations governing the operation of On July 06, 2005, U.S. Coast Guard the Dorset Avenue Bridge, at New Jersey DEPARTMENT OF HOMELAND Sector Lower Mississippi River was Intracoastal Waterway (ICW) mile 72.1, SECURITY notified by the contractor (Massman/ across the Inside Thorofare at Ventnor Traylor, a Joint Venture) that the New Coast Guard City, New Jersey. To facilitate removal Greenville Bridge (mile 529.8) would be and replacement of deck lift spans, the 33 CFR Part 165 having deck plates installed from a temporary deviation would allow partial crane on a barge. COTP Lower openings of the drawbridge. [COTP Lower Mississippi River–05–008] Mississippi River consulted the Lower DATES: This deviation is effective from RIN 1625–AA00 Mississippi River Commission (LOMRC) 7 a.m. on October 3, 2005, to 11 p.m. on to analyze impacts to commercial traffic October 21, 2005. Safety Zone; Lower Mississippi River in the vicinity of the New Greenville ADDRESSES: Materials referred to in this (LMR), Greenville, MS Bridge and determine that this safety zone is needed to protect the document are available for inspection or AGENCY: Coast Guard, DHS. copying at Commander (obr), Fifth Coast construction crews, vessels, and ACTION: Temporary final rule. Guard District, Federal Building, 1st mariners from the additional Floor, 431 Crawford Street, Portsmouth, SUMMARY: The Coast Guard is construction hazards associated with VA 23704–5004 between 8 a.m. and 4 establishing a temporary safety zone for the installation of the deck plates using p.m., Monday through Friday, except certain waters of the Lower Mississippi a crane located on a barge in the river Federal holidays. The telephone number River. This safety zone is needed to under the bridge. is (757) 398–6422. Commander (obr), protect persons and vessels from the Discussion of Rule Fifth Coast Guard District maintains the potential safety hazards associated with public docket for this temporary the New Greenville Bridge construction. The Coast Guard is establishing a deviation. Entry into this zone is prohibited to all temporary safety zone for all waters of FOR FURTHER INFORMATION CONTACT: Gary vessels and mariners unless specifically the Lower Mississippi River (LMR) from Heyer, Bridge Management Specialist, authorized by the Captain of the Port mile marker 529.8 to mile marker 532.3 Fifth Coast Guard District, at (757) 398– (COTP) Lower Mississippi River or a extending the entire width of the river. 6629. designated representative. This safety zone is needed to protect persons and vessels from the potential SUPPLEMENTARY INFORMATION: The DATES: This rule is effective from July Dorset Avenue Bridge has a vertical 18, 2005, until November 14, 2005. safety hazards associated with the crane clearance in the closed position of 9 feet ADDRESSES: Documents indicated in this lifting deck plates into position during at mean high water and 12 feet at mean preamble as being available in the the bridge construction. Entry into this low water. docket are part of docket [COTP Lower zone is prohibited to all vessels and A.P. Construction, Inc. on behalf of Mississippi River–05–008] and are mariners unless specifically authorized Atlantic County, which owns and available for inspection or copying at by the COTP Lower Mississippi River or operates this double-leaf bascule Sector Lower Mississippi River, 2 a designated representative. Specific drawbridge, has requested a temporary Auction Avenue, Memphis, Tennessee, dates and times for river closures will be deviation from the current operating 38105 between 8 a.m. and 4 p.m., announced via Safety Marine regulations set out in 33 CFR 117.733(h) Monday through Friday, except Federal Information Broadcast (SMIB) and are to facilitate deck repairs. holidays. expected to last for a period of eight During this temporary deviation, deck FOR FURTHER INFORMATION CONTACT: hours from 8:30 a.m. to 5:30 p.m. repairs will require immobilizing half of Chief Warrant Officer Ray Bartlett, The COTP Lower Mississippi River the draw span. From 7 a.m. to 11 p.m. Sector Lower Mississippi River may be contacted by telephone at (901) beginning on October 3, 2005 until and Waterways Management Branch, at 544–3912 extension 2124. The COTP including October 21, 2005, single leaf (901) 544–3912 extension 2227. Lower Mississippi River or a designated openings will be provided on signal. SUPPLEMENTARY INFORMATION: representative will inform the public Only double leaf openings will be through Broadcast Notice to Mariners of provided from 11 p.m. to 7 a.m. Full Regulatory Information changes in the effective period for the openings will be provided at any time We did not publish a notice of safety zone. This rule is effective from when at least two hours advance notice proposed rulemaking (NPRM) for this July 18, 2005 until November 14, 2005.

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Regulatory Evaluation regulations to the Small Business and to health or risk to safety that may This rule is not a ‘‘significant Agriculture Regulatory Enforcement disproportionately affect children. Ombudsman and the Regional Small regulatory action’’ under section 3(f) of Indian Tribal Governments Business Regulatory Fairness Boards. Executive Order 12866, Regulatory This final rule does not have tribal Planning and Review, and does not The Ombudsman evaluates these actions annually and rates each agency’s implications under Executive Order require an assessment of potential costs 13175, Consultation and Coordination and benefits under section 6(a)(3) of that responsiveness to small business. If you wish to comment on actions by with Indian Tribal Governments, Order. The Office of Management and because it does not have substantial Budget has not reviewed it under that employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The direct effect on one or more Indian Order. It is not ‘‘significant’’ under the tribes, on the relationship between the regulatory policies and procedures of Coast Guard will not retaliate against small entities that question or complain Federal Government and Indian tribes, the Department of Homeland Security or on the distribution of power and (DHS). about this rule or any policy or action of the Coast Guard. responsibilities between the Federal This rule will only be in effect for a Government and Indian tribes. short period of time and notifications to Collection of Information the marine community will be made Energy Effects This rule calls for no new collection through broadcast notice to mariners. of information under the Paperwork We have analyzed this rule under The impacts on routine navigation are Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions expected to be minimal. 3520). Concerning Regulations That Small Entities Significantly Affect Energy Supply, Federalism Distribution, or Use. We have Under the Regulatory Flexibility Act A rule has implications for federalism determined that it is not a ‘‘significant (5 U.S.C. 601–612), we have considered under Executive Order 13132, energy action’’ under that order because whether this rule would have a Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ significant economic impact on a effect on State or local governments and under Executive Order 12866 and is not substantial number of small entities. would either preempt State law or likely to have a significant adverse effect The term ‘‘small entities’’ comprises impose a substantial direct cost of on the supply, distribution, or use of small businesses, not-for profit compliance on them. We have analyzed energy. It has not been designated by the organizations that are independently this rule under that Order and have Administrator of the Office of owned and operated and are not determined that it does not have Information and Regulatory Affairs as a dominant in their fields, and implications for federalism. significant energy action. Therefore, it governmental jurisdictions with does not require a Statement of Energy populations of less than 50,000. Unfunded Mandates Reform Act Effects under Executive Order 13211. The Coast Guard certifies under 5 The Unfunded Mandates Reform Act Technical Standards U.S.C. 605(b) that this rule will not have of 1995 (2 U.S.C. 1531–1538) requires a significant economic impact on a Federal agencies to assess the effects of The National Technology Transfer substantial number of small entities. their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 This rule will affect the following particular, the Act addresses actions U.S.C. 272 note) directs agencies to use entities, some of which may be small that may result in the expenditure by voluntary consensus standards in their entities: the owners or operators of State, local, or tribal government, in the regulatory activities unless the agency vessels that would be required to aggregate, or by the private sector of provides Congress, through the Office of operate between mile marker 529.8 and $100,000,000 or more in any one year. Management and Budget, with an mile marker 532.3, from July 18, 2005 to Though this rule will not result in such explanation of why using these November 14, 2005. This safety zone expenditure, we do discuss the effects of standards would be inconsistent with will not have a significant economic this rule elsewhere in this preamble. applicable law or otherwise impractical. impact on a substantial number of small Voluntary consensus standards are entities because this rule will only be in Taking of Private Property technical standards (e.g., specifications effect for a short period of time. This rule will not affect a taking of of materials, performance, design, or If you are a small business entity and private property or otherwise have operation; test methods; sampling are significantly affected by this taking implications under Executive procedures; and related management regulation please contact Chief Warrant Order 12630, Governmental Actions and systems practices) that are developed or Office Ray Bartlett, Sector Lower Interference with Constitutionally adopted by voluntary consensus Mississippi River Waterways Protected Property Rights. standards bodies. Management Branch, at (901) 544–3912 This proposed rule does not use extension 2227. Civil Justice Reform technical standards. Therefore, we did This rule meets applicable standards Assistance for Small Entities not consider the use of voluntary in sections 3(a) and 3(b)(2) of Executive consensus standards. Under section 213(a) of the Small Order 12988, Civil Justice Reform, to Environment Business Regulatory Enforcement minimize litigation, eliminate Fairness Act of 1996 (Pub. L. 104–121), ambiguity, and reduce burden. We have analyzed this final rule we offered to assist small entities in under Commandant Instruction understanding the rule so that they Protection of Children M16475.1D, which guides the Coast could better evaluate its effects on them We have analyzed this rule under Guard in complying with the National and participate in the rulemaking Executive Order 13045, Protection of Environmental Policy Act of 1969 process. Small businesses may send Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and comments on the actions of Federal Risks and Safety Risks. This rule is not have concluded that there are no factors employees who enforce, or otherwise an economically significant rule and in this case that would limit the use of determine compliance with, Federal does not concern an environmental risk a categorical exclusion under section

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2.B.2 of the Instruction. Therefore, this warrant, and petty officers of the U.S. regulations do not require a submission rule is categorically excluded, under Coast Guard. of supporting evidence or specify the figure 2–1, paragraph (32)(g), of the Dated: July 18, 2005. retention of records supporting the Instruction, from further environmental P.J. Maguire, reduced royalty. documentation because this rule is not Commander, U.S. Coast Guard, Captain of The Inspector General of the expected to result in any significant the Port Lower Mississippi River. Department, as well as several States, adverse environmental impact as [FR Doc. 05–17717 Filed 9–6–05; 8:45 am] have expressed concern about the described in NEPA. BILLING CODE 4910–15–P inability of auditors to confirm the A final ‘‘Environmental Analysis validity of the claimed production per Check List’’ and a final ‘‘Categorical eligible well per well day during the Exclusion Determination’’ will be DEPARTMENT OF THE INTERIOR qualifying period, if it were more than available in the docket where indicated seven years after the qualifying period. under ADDRESSES. Bureau of Land Management Although August 1990 through July List of Subjects in 33 CFR Part 165 1991 production may be the basis for 43 CFR Part 3100 the royalty rate claimed after September Harbors, Marine safety, Navigation 1992, some operators have inferred from (water), Reporting and record keeping [WO–310–1310–PB–24–1A] the absence of specific regulatory requirements, Security measures, RIN 1004–AD71 requirements that they need not retain Waterways. those records more than seven years I For the reasons discussed in the Oil and Gas Leasing: Onshore Oil and from July 1991. Gas Operations—Fees, Rentals and preamble the Coast Guard amends 33 The Secretary is authorized under 30 Royalty Stripper Well Royalty CFR part 165 as follows: U.S.C. 1713 and 1724(f) to require the Reductions Retention of Records retention of records for seven years from PART 165—REGULATED NAVIGATION AGENCY: Bureau of Land Management, the date of the transactions for which AREAS AND LIMITED ACCESS AREAS Interior. they are required for ‘‘determining I 1. The authority citation for part 165 ACTION: Final rule. compliance with rules or orders’’ or ‘‘for continues to read as follows: the purpose of determining obligations SUMMARY: The Bureau of Land due.’’ Since the royalty rate for stripper Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Management (BLM) is revising the well properties depends on the lowest Chapter 701; 50 U.S.C. 191, 195; 33 CFR regulations to require that records 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. level of production per well since the 107–295, 116 Stat. 2064; Department of supporting a stripper well royalty ‘‘qualifying period,’’ BLM is revising the Homeland Security Delegation no. 0170.1. reduction be retained for seven years regulations to require that records of from the last date that an operator production (on which the claimed I 2. A new temporary § 165.T08–153 is claims the reduction. royalty rate is based) be retained for added to read as follows: DATES: This rule is effective on seven years after the benefit of the § 165.T08–153 Safety Zone; Lower September 7, 2005. reduced royalty is last claimed. FOR FURTHER INFORMATION CONTACT: Mississippi River, Mile Marker 529.8 to Mile II. Final Rule as Adopted Marker 532.3, Greenville, MS. Rudy Baier, Fluid Minerals Group, (a) Location. The following area is a Bureau of Land Management, (202) 452– This rulemaking establishes a safety zone: all waters of the Lower 5024 (Commercial or FTS). Persons who requirement that records supporting the Mississippi River (LMR), beginning at use a telecommunications device for the reduced royalty rate claimed under 43 mile marker 529.8 and ending at mile deaf (TDD) may call the Federal CFR 3103.4–2 be retained for seven marker 532.3, extending the entire Information Relay Service (FIRS) at 1– years from the last date on which the width of the river. 800–877–8339, 24 hours a day, seven operator is relying upon it to support its (b) Effective dates. This section is days a week, except holidays, for royalty rate. assistance in reaching Mr. Baier. effective from 8 p.m. on July 18, 2005 III. Procedural Matters until 10 p.m. on November 14, 2005. SUPPLEMENTARY INFORMATION: (c) Regulations. I. Background Waiver of Notice of Proposed (1) In accordance with the general II. Final Rule as adopted Rulemaking III. Procedural Matters regulations in § 165.23 of this part, entry Waiver of 30-Day Delay of Effective Date into this zone by vessels or mariners is prohibited unless authorized by the I. Background In accordance with 5 U.S.C. 553, BLM COTP Lwer Mississippi River or a The existing regulation at 43 CFR finds that notice and public comment designated representative. 3103.4–2 authorizes the operator of a on this rule is contrary to the public (2) Persons or vessels requiring entry stripper well property to pay a reduced interest, as that concept is defined in 5 into or passage through must request royalty tied to the lowest average U.S.C. 553(b)(3)(B), because to provide permission from the COTP Lower production of oil per eligible well per advance notice of the requirement prior Mississippi River or a designated well-day for any 12-month period since to its effectiveness would frustrate the representative. They may be contacted the initial qualifying period of August 1, public interest, by allowing operators on VHF–FM Channel 16, or by 1990 through July 31, 1991. The with questionable claims to royalty telephone at (901) 544–3912, extension regulations permit the operator to use relief to destroy, without penalty, 2124. the reduced royalty rate upon certifying records in their possession that might (3) All persons and vessels shall that the royalty rate was calculated document their ineligibility for the comply with the instructions of the under the instructions and procedures royalty relief claimed. The risk of COTP Lower Mississippi River and in the regulations using reports of oil destruction of records is also good cause designated personnel. Designated production and well-days for the to waive the 30-day delay of the personnel include commissioned, qualifying period. However, current effective date.

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Executive Order 12866, Regulatory rule only requires operators to retain of Management and Budget must Planning and Review records they currently have. approve under the Paperwork Reduction Act of 1995. This rulemaking is not a significant Unfunded Mandates Reform Act regulatory action and is not subject to This rulemaking does not impose an National Environmental Policy Act review by the Office of Management and unfunded mandate on State, local, or BLM has determined that this rule is Budget (OMB) under Executive Order tribal governments or the private sector administrative and involves only 12866. This rulemaking will not have an of more than $100 million per year; nor procedural changes addressing the effect of $100 million or more on the does this rule have a significant or retention of records for the stripper well economy. They will not adversely affect unique effect on State, local, or tribal property royalty rate reduction program. in a material way the economy, governments or the private sector. The Therefore, it is categorically excluded productivity, competition, jobs, the rule does not impose any unfunded from environmental review under environment, public health or safety, or mandate on State, local, or tribal paragraph 102(2)(C) of the National State, local, or tribal governments or governments or the private sector. The Environmental Policy Act of 1969 communities. This rulemaking will not rule merely requires operators to retain pursuant to 516 Departmental Manual create a serious inconsistency or records which they currently have. (DM) 2.3A and 516 DM 2, Appendix 1, otherwise interfere with an action taken Therefore, BLM is not required to Item 1.10. BLM has further determined or planned by another agency. This prepare a statement containing the that none of the exceptions at 516 DM rulemaking does not alter the budgetary information required by the Unfunded Appendix 2 apply. effects of entitlements, grants, user fees, Mandates Reform Act (2 U.S.C. 1531 et Pursuant to Council on or loan programs or the right or seq.). Environmental Quality regulations (40 obligations of their recipients; nor does CFR 1508.4) and the environmental Executive Order 12630, Governmental it raise novel legal or policy issues. This policies and procedures of the DOI, the Actions and Interference With rule will have little or no impact on term ‘‘categorical exclusions’’ means Constitutionally Protected Property operators who are currently eligible for categories of actions which do not Rights royalty reductions under the stripper individually or cumulatively have a well program. The rule merely requires The rulemaking does not represent a significant effect on the human operators to retain records which they government action capable of interfering environment and which have no such currently have in their possession. with constitutionally protected property effect in procedures adopted by a rights. It merely requires operators to Regulatory Flexibility Act Federal agency and therefore require retain records they currently have. neither an environmental assessment Congress enacted the Regulatory Therefore, the DOI has determined that nor an environmental impact statement. the rule would not cause a taking of Flexibility Act (RFA) of 1980, as Executive Order 13175, Consultation amended, 5 U.S.C. 601–612, to ensure private property or require further discussion of takings implications under and Coordination With Indian Tribal that Government regulations do not Governments unnecessarily or disproportionately this Executive Order. Under Executive Order 13175, we burden small entities. The RFA requires Executive Order 13132, Federalism a regulatory flexibility analysis if a rule have found that this rulemaking does would have significant economic The rulemaking will not have a not include policies that have tribal impact, either detrimental or beneficial, substantial direct effect on the States, on implications. This rule does not apply on a substantial number of small the relationship between the national to leases of Indian minerals. entities. Because this rule would merely government and the States, or on the distribution of power and Executive Order 13211, Actions require operators receiving a royalty Concerning Regulations That reduction under the program to retain responsibilities among the various levels of government. This records Significantly Affect Energy Supply, records they currently have, BLM has Distribution, or Use determined under the RFA that this rule retention rule has no effect on the Under Executive Order 13211, BLM would not have a significant economic relationship between the national has determined that the rulemaking will impact on a substantial number of small government and the States, or on the not have substantial direct effects on the entities. distribution of power and responsibilities among the various energy supply, distribution or use, Small Business Regulatory Enforcement levels of government. The BLM has including a shortfall in supply or price Fairness Act determined that this rulemaking does increase. The rule merely requires not have sufficient Federalism operators to retain records which they This rulemaking is not a major rule implications to warrant preparation of a currently have. This rule will not have under 5 U.S.C. 804(2), the Small Federalism Assessment. a significant impact on the national Business Regulatory Enforcement energy supply. Fairness Act. This rulemaking does not Executive Order 12988, Civil Justice have an annual effect on the economy Reform Author of $100 million or more. It will not Under Executive Order 12988, the The principal author of this rule is cause an increase in costs or prices for Office of the Solicitor has determined Rudy Baier, Fluid Minerals Group, consumers, individual industries, that this rule would not unduly burden assisted by Shirlean Beshir of the Federal, State, or local governments the judicial system and that it meets the Regulatory Affairs Group. agencies, or geographic regions. The requirements of paragraph 3(a) and List of Subjects in 43 CFR Part 3100 rulemaking does not have significant 3(b)(2) of the Order. adverse effects on competition, Government contracts, Mineral employment, investment, productivity, Paperwork Reduction Act of 1995 royalties, Oil and gas exploration, innovation, or the ability of U.S.-based BLM has determined this rulemaking Public lands-mineral resources, enterprises to compete with foreign- does not contain any new information Reporting and recordkeeping based enterprises. As stated above, this collection requirements that the Office requirements, and Surety bonds.

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Dated: August 24, 2005. (b) * * * rules in a Report and Order, which Chad Calvert, (3) * * * implemented allocation changes to the Acting Assistant Secretary, Land and (vi) Record retention. For seven years frequency range between 5900 kHz and Minerals Management. after production on which the operator 27.5 GHz in furtherance of decisions I Accordingly, for the reasons stated in claims a royalty rate reduction for that were made at the World the preamble and exercising the stripper well properties, the operator Radiocommunication Conference authorities stated, we amend part 3100 must retain and make available to BLM (Geneva 2003) (WRC–03). This of Title 43 of the Code of Federal for inspection all documents on which document contains corrections to 47 Regulations as set forth below: the calculation of the applicable royalty CFR 2.101 and 2.106. rate under this section relies. DATES: Effective September 9, 2005. PART 3100—OIL AND GAS LEASING [FR Doc. 05–17618 Filed 9–6–05; 8:45 am] I 1. Revise the authority citation for part BILLING CODE 4310–84–P FOR FURTHER INFORMATION CONTACT: Tom 3100 to read as follows: Mooring, Office of Engineering and Technology, (202) 418–2450, e-mail: Authority: 30 U.S.C. 189 and 359; 30 U.S.C. 1713 and 1751; and 43 U.S.C. 1732(b), FEDERAL COMMUNICATIONS [email protected]. 1733, and 1740. COMMISSION SUPPLEMENTARY INFORMATION: In rule FR Subpart 3103—Fees, Rentals and 47 CFR Parts 2, 25, 73, 90, and 97 Doc. 05–15213 published August 10, Royalty [ET Docket No. 04–139; FCC 05–70] 2005 (70 FR 46576) make the following corrections. I 2. Amend § 3103.4–2 by redesignating WRC–03 Omnibus I paragraph (b)(3)(vi) as paragraph 1. On page 46585, in the third column, (b)(3)(vii) and adding a new paragraph AGENCY: Federal Communications the table in § 2.101 is corrected by (b)(3)(vi) to read as follows: Commission. removing the periods at the end of the ACTION: Final rule; correction. entries under the column entitled § 3103.4–2 Stripper well royalty ‘‘Metric abbreviations for the bands.’’ reductions. SUMMARY: On August 10, 2005, (70 FR The corrected table reads as follows (the * * * * * 46576) the Commission published final notes are not shown):

Metric Band number Symbols Frequency range (lower limit exclusive, Corresponding metric subdivision abbreviations upper limit inclusive) for the bands

4 ...... VLF ...... 3 to 30 kHz ...... Myriametric waves ...... B.Mam 5 ...... LF ...... 30 to 300 kHz ...... Kilometric waves ...... B.km 6 ...... MF ...... 300 to 3 000 kHz ...... Hectometric waves ...... B.hm 7 ...... HF ...... 3 to 30 MHz ...... Decametric waves ...... B.dam 8 ...... VHF ...... 30 to 300 MHz ...... Metric waves ...... B.m 9 ...... UHF ...... 300 to 3 000 MHz ...... Decimetric waves ...... B.dm 10 ...... SHF ...... 3 to 30 GHz ...... Centimetric waves ...... B.cm 11 ...... EHF ...... 30 to 300 GHz ...... Millimetric waves ...... B.mm 12 ...... 300 to 3000 GHz ...... Decimillimetric waves.

BILLING CODE 6712–01–P

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I 2. On page 46609, page 21 of the Table is corrected in order to correct the follows: of Frequency Allocations (47 CFR 2.106) omission of footnote US223 to read as

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I 3. On page 46619, page 31 of the Table is corrected in order to correct the follows: of Frequency Allocations (47 CFR 2.106) omission of footnote US343 to read as

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I 4. On page 46629, page 41 of the Table is corrected in order to correct the rule comprise 6525–7125 MHz to read as of Frequency Allocations (47 CFR 2.106) part cross references for the bands that follows:

BILLING CODE 6712–01–C

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I 5. On page 46674, in the first column, SUMMARY: In response to a Notice of FEDERAL COMMUNICATIONS footnote US396 paragraph (a) of the Proposed Rule Making, 68 FR 62554 COMMISSION Table of Frequency Allocations, 47 CFR (November 5, 2003), this Report and 2.106, is corrected to read as follows: Order substitutes Channel 225A for 47 CFR Part 73 (a) Until March 25, 2007, the band Channel 224A, at FM Station WQTX, [DA 05–2302; MB Docket No. 04–386; RM– 7300–7350 kHz is allocated to the fixed Charlotte, Michigan, reallots Channel 10817] service on a primary basis and to the 225A to Grand Ledge, Michigan, and mobile except aeronautical mobile modifies Station WQTX’s license Radio Broadcasting Services; Leesville service on a secondary basis for Federal accordingly. The coordinates for and New Llano, LA and non-Federal use. After March 25, Channel 225A at Grand Ledge Michigan 2007, authority to operate in the band are 42–42–17 NL and 84–37–20 WL, AGENCY: Federal Communications 7300–7350 kHz shall not be extended to with a site restriction of 11.5 kilometers Commission. new non-Federal stations in the fixed (7.2 miles) southeast of Grande Ledge. ACTION: Final rule. and mobile except aeronautical mobile DATES: Effective October 3, 2005. SUMMARY: This document grants a services. After March 25, 2007, Federal petition filed by Charles Crawford, and non-Federal stations in the fixed FOR FURTHER INFORMATION CONTACT: R. proposing the allotment of Channel and mobile except aeronautical mobile Barthen Gorman, Media Bureau, (202) 252C3 at New Llano, Louisiana, as the services shall: 418–2180. community’s first local service. See 69 (1) Be limited to communications SUPPLEMENTARY INFORMATION: FR 61616, published October 20, 2004. wholly within the United States and its This is a This document also substitutes Channel insular areas; synopsis of the Commission’s Report 224A for vacant Channel 252A at (2) Not cause harmful interference to and Order, MB Docket No. 03–322, Leesville, Louisiana to accommodate the broadcasting service; adopted August 17, 2005, and released Channel 252C3 at New Llano, (3) Be limited to the minimum power August 19, 2005. The full text of this Louisiana. Channel 252C3 can be needed to achieve communications; and Commission decision is available for allotted to New Llano in compliance (4) Take account of the seasonal use inspection and copying during normal with the Commission’s rules provided of frequencies by the broadcasting business hours in the FCC’s Reference there is a site restriction of 10 service published in accordance with Information Center at Portals II, 445 kilometers (6.2 miles) north of New Article 12 of the ITU Radio Regulations. 12th Street, SW., Room CY–A257, Llano at reference coordinates 31–12–18 I 6. On page 46674, in the third column, Washington, DC 20554. The document North Latitude and 93–16–11 West footnote NG142 of the Table of may also be purchased from the Longitude. The site restriction is Frequency Allocations, 47 CFR 2.106, is Commission’s duplicating contractor, necessary to prevent short-spacing to corrected to read as follows: Best Copy and Printing, Inc., Portals II, the license sites of FM Stations KTJM, NG142 TV broadcast stations 445 12th Street, SW., Room CY–B402, Channel 253C, Port Arthur, Texas and authorized to operate in the bands 54– Washington, DC 20554, telephone 1– Station KKST, Channel 254C1, Oakdale, 72 MHz, 76–88 MHz, 174–216 MHz, 800–378–3160 or http:// Louisiana. Additionally, Channel 224A 470–608 MHz, and 614–806 MHz may www.BCPIWEB.com. The Commission can be allotted to Leesville in use a portion of the television vertical will send a copy of this Report and compliance with the Commission’s blanking interval for the transmission of Order in a report to be sent to Congress rules provided there is a site restriction telecommunications signals, on the and the Government Accountability of 12.6 kilometers (7.8 miles) east of condition that harmful interference will Office pursuant to the Congressional Leesville at reference coordinates 31– not be caused to the reception of Review Act, see 5 U.S.C. 801(a)(1)(A). 07–40 North Latitude and 93–08–03 primary services, and that such List of Subjects in 47 CFR Part 73 West Longitude. The site restriction is telecommunications services must necessary to prevent short-spacing to accept any interference caused by Radio, Radio broadcasting. the license site of FM Station KJVC, primary services operating in these I Part 73 of Title 47 of the Code of Channel 224A, Mansfield, Louisiana. bands. Federal Regulations is amended as DATES: Effective October 3, 2005. Federal Communications Commission. follows: ADDRESSES: Federal Communications Marlene H. Dortch, PART 73—RADIO BROADCAST Commission, 445 Twelfth Street, SW., Secretary. SERVICES Washington, DC 20554. [FR Doc. 05–17796 Filed 9–6–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6712–01–P I 1. The authority citation for part 73 Rolanda F. Smith, Media Bureau, (202) reads as follows: 418–2180. FEDERAL COMMUNICATIONS Authority: 47 U.S.C. 154, 303, 334 and 336. SUPPLEMENTARY INFORMATION: This is a COMMISSION summary of the Commission’s Report § 73.202 [Amended] and Order, MB Docket No. 04–386, 47 CFR Part 73 I 2. Section 73.202(b), the Table of FM adopted August 17, 2005, and released Allotments under Michigan, is amended August 19, 2005. The full text of this [DA 05–2303; MB Docket No. 03–222; RM– by removing Channel 224A at Charlotte, Commission decision is available for 10812] and adding Grand Ledge, Channel 225A. inspection and copying during normal business hours in the Commission’s Radio Broadcasting Services; Federal Communications Commission. Reference Center 445 Twelfth Street, Charlotte and Grand Ledge, MI John A. Karousos, SW., Washington, DC 20554. The AGENCY: Federal Communications Assistant Chief, Audio Division, Media complete text of this decision may also Commission. Bureau. be purchased from the Commission’s [FR Doc. 05–17522 Filed 9–6–05; 8:45 am] duplicating contractor, Best Copy and ACTION: Final rule. BILLING CODE 6712–01–P Printing, Inc., 445 12th Street, SW.,

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Room CY–B402, Washington, DC 20054, [email protected] of the Media ADDRESSES: Petitions for reconsideration telephone 1–800–378–3160 or http:// Bureau, Policy Division, (202) 418– should refer to the docket number above www.BCPIWEB.com. The Commission 2120. and be submitted to: Administrator, will send a copy of this Report and SUPLEMENTARY INFORMATION: In FR Doc. Room 5220, National Highway Traffic Order in a report to be sent to Congress 05–17324 published on August 31, 2005 Safety Administration, 400 Seventh and the Government Accountability (70 FR 51658), make the following Street, SW., Washington, DC 20590. Office pursuant to the Congressional correction. See the SUPPLEMENTARY INFORMATION Review Act, see 5 U.S.C. 801(a)(1)(A). 1. On page 51668, in the third portion of this document (Section VI; Channel 224A at Leesville is currently column, the last sentence of paragraph Rulemaking Analyses and Notices) for listed in the FM Table of Allotments, (c)(6) is corrected to read as follows: DOT’s Privacy Act Statement regarding however, that channel was substituted documents submitted to the agency’s A noncommercial television broadcast for Channel 228C3 at Leesville in MM station located in a local market in Alaska or dockets. Docket No. 98–191, and the license of Hawaii must request carriage by October 1, FOR FURTHER INFORMATION CONTACT: Station KJAE(FM) was modified For 2005, for carriage of its signal that originates non-legal issues, you may call Mr. accordingly. See Leesville, Louisiana, 64 as an analog signal for carriage commencing FR 31140, published June 10, 1999. on December 8, 2005, and by April 1, 2007, George Soodoo or Mr. Samuel Daniel, for its signal that originates as a digital signal Office of Crash Avoidance Standards List of Subjects in 47 CFR Part 73 for carriage commencing on June 8, 2007 and (Telephone: 202–366–2720) (Fax: 202– Radio, Radio broadcasting. ending on December 31, 2008. 366–4329). Federal Communications Commission. For legal issues, you may call Mr. Eric PART 73—RADIO BROADCAST Marlene Dortch, Stas, Office of Chief Counsel SERVICES Secretary. (Telephone: 202–366–2992) (Fax: 202– 366–3820). [FR Doc. 05–17794 Filed 9–6–05; 8:45 am] I 1. The authority citation for part 73 You may send mail to these officials BILLING CODE 6712–01–P continues to read as follows: at National Highway Traffic Safety Authority: 47 U.S.C. 154, 303, 334 and 336. Administration, 400 Seventh Street, SW., Washington, DC 20590. § 73.202 [Amended] DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: I 2. Section 73.202(b), the Table of FM National Highway Traffic Safety Table of Contents Allotments under Louisiana, is Administration amended by removing Channel 252A at I. Summary of Decision Leesville and by adding New Llano, 49 CFR Parts 571 and 585 II. Background Channel 252C3. A. The TREAD Act [Docket No. NHTSA 2005–22251] B. Rulemaking History Prior to the April Federal Communications Commission. 2005 Final Rule John A. Karousos, RIN 2127–AJ70 C. The April 8, 2005 Final Rule III. Petitions for Reconsideration Assistant Chief, Audio Division, Media Federal Motor Vehicle Safety Bureau. IV. Discussion and Analysis Standards; Tire Pressure Monitoring A. Low Tire Pressure Warning Lamp [FR Doc. 05–17520 Filed 9–6–05; 8:45 am] Systems Activation Requirements BILLING CODE 6712–01–P B. TPMS Malfunction Indicator Lamp AGENCY: National Highway Traffic (MIL) Activation Requirements Safety Administration, DOT. 1. What Constitutes a TPMS Malfunction? FEDERAL COMMUNICATIONS ACTION: Final rule; response to petitions 2. MIL Disablement COMMISSION for reconsideration. C. Telltale Requirements D. Tire-Related Issues 47 CFR Part 76 SUMMARY: This document responds to 1. Spare Tires petitions for reconsideration requesting 2. Tire Reserve Load [MB Docket No. 05–181; FCC 05–159] changes in our April 8, 2005 final rule 3. Minimum Activation Pressure establishing a new Federal motor E. Owner’s Manual Requirements Implementation of Section 210 of the 1. Lead Time Satellite Home Viewer Extension and vehicle safety standard (FMVSS) requiring installation in new light 2. Content of Required Statement Reauthorization Act of 2004 To Amend 3. Other Owner’s Manual Issues Section 338 of the Communications vehicles of a tire pressure monitoring F. Test Procedures Act system (TPMS) capable of detecting 1. Test Conditions when one or more of a vehicle’s tires is 2. Vehicle Cool-Down Period AGENCY: Federal Communications significantly under-inflated. The 3. 2-psi Adjustment (Temperature Commission. petitions for reconsideration are granted Correction) ACTION: Final rule; correction. in part and denied in part, and through 4. Calibration Time this document, we are amending the G. TPMS Reprogrammability SUMMARY: The Federal Communications standard and related provisions H. Sharing of TPMS Servicing Information Commission is correcting a Final Rule accordingly. I. Phase-In Calculations summary that was published in the V. Benefits and Costs DATES: Effective Date: The amendments VI. Rulemaking Analyses and Notices Federal Register on August 31, 2005 (70 made in this final rule are effective FR 51658). In this document, the I. Summary of Decision October 7, 2005. Voluntary compliance Commission corrects paragraph (c)(6) of is permitted immediately. This document responds to 15 the 47 CFR 76.66. Petitions for Reconsideration: If you petitions for reconsideration related to DATES: Effective September 30, 2005. wish to submit a petition for our April 8, 2005 final rule 1 FOR FURTHER INFORMATION CONTACT: For reconsideration for this rule, your additional information on this petition must be received by October 24, 1 70 FR 18136 (April 8, 2005) (Docket No. proceeding, contact Eloise Gore, 2005. NHTSA–2005–20586–1).

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establishing FMVSS No. 138, Tire the TPMS telltale requirements of 2000 2 on November 1, 2000. Section 13 Pressure Monitoring Systems. The FMVSS No. 101, Controls and Displays, of that Act 3 required the Secretary of petitioners raised a variety of issues, have been remedied through an earlier Transportation, within one year of the most of which involved requests for amendment to FMVSS No. 101. statute’s enactment, to complete a technical changes to the standard (see Technical revisions to FMVSS No. 138 rulemaking ‘‘to require a warning section IV of this document for a have also been made in light of recent system in new motor vehicles to complete discussion of issues raised in amendments to FMVSS No. 101 that indicate to the operator when a tire is the petitions and their resolution). We have resulted in a change in location of significantly under inflated.’’ Section 13 have decided to grant the petitions in the TPMS telltale provisions from Table also required the regulation to take part and to deny them in part. 2 to Table 1 of that standard. effect within two years of the The following points highlight the • In this rule, we are amending the completion of the rulemaking. amendments to Standard No. 138 that regulatory text in FMVSS No. 138 to Responsibility for this rulemaking was we are adopting in response to the clarify that for a combined low tire delegated to NHTSA. petitions for reconsideration of the April pressure/TPMS malfunction indicator B. Rulemaking History Prior to the April 8, 2005 final rule (excluding a few telltale, the same flashing/continuous- minor editorial changes). 2005 Final Rule • illumination sequence is required for We have decided to postpone the one or more malfunctions that may Since passage of the TREAD Act, compliance date for the standard’s affect the system simultaneously. FMVSS No. 138 has had a protracted required TPMS-related owner’s manual • regulatory history. In summary, the statement until September 1, 2006 The agency has decided to modify the standard’s test procedures to reduce agency published a notice of proposed (Model Year 2007), thereby granting rulemaking (NPRM) 4 on July 26, 2001, petitions’ request for additional lead the current 2-psi pressure adjustment which was followed by a final rule 5 time to incorporate the required (below the TPMS activation threshold) published on June 5, 2002. language into the vehicle owner’s to 1 psi. The 2-psi adjustment was manual. We do not believe that intended to facilitate testing, but several After issuance of the June 2002 final extending the compliance date in this petitioners expressed concern that a 2- rule, Public Citizen, Inc., New York manner (consistent with a psi adjustment could allow TPMSs to Public Interest Research Group, and the recommendation in one of the petitions) achieve compliance with an under- Center for Auto Safety filed a suit would result in any safety inflation detection capability of 30 challenging certain aspects of the TPMS consequences. Delay of the owner’s percent or more. The agency anticipates regulation. The Court of Appeals for the manual requirements would not impact that a 1-psi adjustment would continue Second Circuit (Second Circuit) issued the functioning of the TPMS or the to facilitate testing while maintaining its opinion in Public Citizen, Inc. v. warnings that it provides, and we expect the under-inflation level close to the Mineta 6 on August 6, 2003. The Court that even before that date, TPMS- standard’s 25-percent under-inflation found that the TREAD Act equipped vehicles would have some activation threshold. unambiguously mandates TPMSs owner’s manual statement presenting • In order to more clearly capable of monitoring each tire up to a relevant information to the consumer. differentiate between the TPMS total of four tires, effectively precluding We specifically note that delay in the standard’s two phase-in production the one-tire, 30-percent under-inflation compliance date for the standard’s periods which are of different lengths detection option in the June 5, 2002 owner’s manual requirements does not (i.e., almost 11 months vs. one year), we final rule, or any similar option for a impact vehicle manufacturers’ have decided to modify 49 CFR 585.66, system that cannot detect under- responsibility to provide TPMSs Reporting Requirements, to differentiate inflation in any combination of tires up complying with FMVSS No. 138 on a the reports to be submitted to the agency to four tires. Ultimately, the Court schedule consistent with the phase-in for each of the two phase-in periods. As vacated the standard in its entirety and commencing on October 5, 2005, as set currently drafted, section 585.66(b)(1), directed the agency to issue a new rule forth in the April 8, 2005 final rule. Basis for Statement of Compliance, and consistent with its August 6, 2003 • The agency has decided to retain section 585.66(b)(2), Production, require opinion. NHTSA published a final rule the final rule’s requirement for the manufacturers to report values for the in the Federal Register on November 20, TPMS malfunction indicator lamp (MIL) full production year, without mention of 2003, vacating FMVSS No. 138.7 to illuminate whenever there is a the period corresponding to the first The agency commenced rulemaking malfunction that affects the generation period of the phase-in (i.e., from efforts to re-establish FMVSS No. 138 in of transmission of control or response October 5, 2005 to September 1, 2006), a manner consistent with the Court’s signals in the vehicle’s tire pressure which is the relevant total production opinion and responsive to issues raised monitoring system. However, in value for calculation under S7.1(b) of in earlier petitions for reconsideration, response to petitions, we have decided FMVSS No. 138. Because the reporting the majority of which remained to amend the standard’s test procedures of this information directly relates to relevant. To this end, the agency for malfunction detection to clarify that determining compliance with the published a new NPRM 8 on telltale lamps will not be disconnected requirements of FMVSS No. 138, we September 16, 2004. because such malfunctions will be have decided to revise 49 CFR indicated during the bulb check(s) 585.66(b)(1) and (2) to clearly 2 Public Law 106–414, 114 Stat. 1800 (2000). required under the standard. differentiate between the two phase-in 3 See 49 U.S.C. 30123 note (2003). Specifically, we are amending S6(k) by production periods. 4 66 FR 38982 (July 26, 2001) (Docket No. adding the following statement: ‘‘When NHTSA–2000–8572–30). simulating a TPMS malfunction, the II. Background 5 67 FR 38704 (June 5, 2002) (Docket No. NHTSA–2000–8572–219). electrical connections for the telltale A. The TREAD Act 6 lamps shall not be disconnected.’’ 340 F.3d 39 (2d Cir. 2003). • Congress enacted the Transportation 7 68 FR 65404 (Nov. 20, 2003) (Docket No. The lack of synchronization NHTSA–2003–16524–1). between the timing of compliance for Recall Enhancement, Accountability, 8 69 FR 55896 (Sept. 16, 2004) (Docket No. compliance under FMVSS No. 138 and and Documentation (TREAD) Act of NHTSA–2004–19054–1).

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After carefully considering public whichever pressure is higher. These vehicle start-up until the situation comments on the NPRM, the agency minimum activation pressures are causing the malfunction has been published a final rule 9 in the Federal included in Table 1 of FMVSS No. 138. corrected. Register on April 8, 2005, which re- • Vehicle manufacturers must certify If the option for a separate telltale is established FMVSS No. 138, with a vehicle compliance under the standard selected, the TPMS malfunction telltale phase-in set to begin on October 5, 2005. with the tires installed on the vehicle at must perform a bulb-check at vehicle (For a more complete discussion of this the time of initial vehicle sale.11 start-up. earlier period of the regulatory history • The TPMS must include a low tire • The TPMS is not required to of the TPMS rulemaking, readers should pressure warning telltale 12 (yellow) that monitor the spare tire (if provided), consult the June 5, 2002 final rule, the must remain illuminated as long as any either when it is stowed or when it is September 16, 2004 NPRM, and the of the vehicle’s tires remain installed on the vehicle. April 8, 2005 final rule.) significantly under-inflated and the • For vehicles certified under the vehicle’s ignition locking system is in standard, vehicle manufacturers must C. The April 8, 2005 Final Rule the ‘‘On’’ (‘‘Run’’) position.13 The provide in the owner’s manual a As noted above, the April 8, 2005 TPMS’s low tire pressure warning specified statement explaining the final rule for TPMS re-established telltale must perform a bulb-check at purpose of the low tire pressure warning FMVSS No. 138 in a manner consistent vehicle start-up. telltale, the potential consequences of with the Second Circuit’s opinion. • The TPMS must also include a significantly under-inflated tires, the Specifically, it requires passenger cars, TPMS malfunction indicator to alert the meaning of the telltale when it is multi-purpose passenger vehicles, driver when the system is non- illuminated, and what actions drivers trucks, and buses with a GVWR of 4,536 operational, and thus unable to provide should take when the telltale is kg (10,000 pounds) or less, except those the required low tire pressure illuminated. Vehicle manufacturers also with dual wheels on an axle, to be warning.14 The TPMS malfunction must provide a specified statement in equipped with a TPMS to alert the indicator must detect a malfunction the owner’s manual regarding: (1) driver when one or more of the vehicle’s within 20 minutes of occurrence of a Potential problems related to tires, up to all four of its tires, is system malfunction and provide a compatibility between the vehicle’s significantly under-inflated.10 Subject to warning to the driver. This final rule TPMS and various replacement or the phase-in schedule and the provided two options by which vehicle alternate tires and wheels, and (2) the exceptions below, the final rule manufacturers may indicate a TPMS presence and operation of the TPMS mandated compliance with the malfunction: malfunction indicator. For vehicles that requirements of the standard, (1) Installation of a separate, do not come with an owner’s manual, commencing with covered vehicles dedicated telltale (yellow) that the required information must be manufactured on or after October 5, illuminates upon detection of the provided in writing to the first 2005 (i.e., MY 2006). The standard is malfunction and remains continuously purchaser at the time of initial vehicle intended to be technology-neutral, so as illuminated as long as the ignition sale. to permit compliance with any available locking system is in the ‘‘On’’ (‘‘Run’’) In terms of the timing for compliance, TPMS technology that meets the position and the situation causing the the final rule provided as follows. standard’s performance requirements. malfunction remains uncorrected, or Subject to the vehicle manufacturer The following points highlight the key (2) Designing the low tire pressure option for carry-backward credits provisions of the April 8, 2005 final telltale so that it flashes for a period of discussed below, NHTSA decided to rule. at least 60 seconds and no longer than adopt the following phase-in schedule: • The TPMS is required to detect and 90 seconds when a malfunction is 20 percent of a vehicle manufacturer’s to provide a warning to the driver detected, after which the telltale must light vehicles are required to comply within 20 minutes of when the pressure remain continuously illuminated as with the standard during the period of one or more of the vehicle’s tires, up long as the ignition locking system is in from October 5, 2005 to August 31, to a total of four tires, is 25 percent or the ‘‘On’’ (‘‘Run’’) position. This 2006; 70 percent during the period from more below the vehicle manufacturer’s flashing and illumination sequence September 1, 2006 to August 31, 2007, recommended cold inflation pressure must be repeated upon each subsequent and all light vehicles thereafter. Vehicle for the tires, or a minimum level of manufacturers are not required to pressure specified in the standard, 11 We note that some vehicle manufacturers comply with the requirements related to authorize their dealers to replace the vehicle’s the TPMS malfunction indicator 9 70 FR 18136 (April 5, 2005) (Docket No. factory-installed tires with other tires, including (including associated owner’s manual NHTSA–2005–20586–1). ones with a different size and/or recommended cold requirements) until September 1, 2007; 10 tire inflation pressure. The TPMS must perform There are two types of TPMSs currently however, at that point, all covered available, direct TPMSs and indirect TPMSs. Direct properly with any such tires, because the vehicle TPMSs have a pressure sensor in each wheel that could be equipped with those tires at the time of vehicles must meet all relevant transmits pressure information to a receiver. In initial sale. Of course, the manufacturer would not requirements of the standard (i.e., no contrast, indirect TPMSs do not have tire pressure have that responsibility if the dealer installed other additional phase-in for MIL tires without manufacturer authorization. sensors, but instead rely on the wheel speed requirements). The final rule included sensors, typically a component of an anti-lock 12 As part of this final rule, we added two braking system, to detect and compare differences versions of the TPMS low tire pressure telltale and phase-in reporting requirements in the rotational speed of a vehicle’s wheels, which a TPMS malfunction telltale to Table 2 of FMVSS consistent with the phase-in schedule correlate to differences in tire pressure. No. 101, Controls and Displays (since changed to discussed above. We anticipate that new types of TPMS technology Table 1). Small volume manufacturers (i.e., may be developed in the future that will be capable 13 We note that if a vehicle manufacturer elects of meeting the standard’s requirements. For to install a low tire pressure telltale that indicates those manufacturers producing fewer example, such systems might incorporate aspects of which tire is under-inflated, the telltale must than 5,000 vehicles for sale in the U.S. both direct and indirect TPMSs (i.e., hybrid correctly identify the under-inflated tire. (See per year during the phase-in period) are systems). In concert with TPMS suppliers, tire S4.3.2, as contained in the April 8, 2005 final rule.) not subject to the phase-in manufacturers might be able to incorporate TPMS 14 We note that the TPMS telltale(s) may be sensors directly into the tires themselves. In issuing incorporated as part of a reconfigurable display, requirements, but their vehicles must a performance standard, NHTSA is cognizant of and provided that all requirements of the standard are meet the requirements of the standard seeks to encourage technological innovation. met. beginning September 1, 2007.

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Consistent with the policy set forth in Public Citizen withdrew its petition for illuminate as long as the inflation NHTSA’s February 14, 2005 final rule 15 reconsideration in a letter dated June 16, pressure of the tire(s) remains below the on certification requirements for 2005,16 and TIA withdrew its petition activation threshold above and the vehicles built in two or more stages and for reconsideration in a letter dated July ignition locking system is in the ‘‘On’’ altered vehicles, final-stage 28, 2005.17 Consequently, we are not (‘‘Run’’) position, or until the system is manufacturers and alterers must certify discussing these two petitions further in manually reset in accordance with the compliance for all covered vehicles this document.) vehicle manufacturer’s instructions. manufactured on or after September 1, The petitioners raised a variety of (See S4.2, as contained in the April 8, 2008 (no phase-in). However, final-stage issues related to the TPMS standard, 2005 final rule.) manufacturers and alterers may most of which were technical. These Several petitioners requested that the voluntarily certify compliance with the issues included ones involving the final agency modify the time period for the standard prior to this date. rule’s requirements for the under- TPMS to detect and to provide a NHTSA decided to permit vehicle inflation detection level, the under- warning regarding significant under- manufacturers to earn carry-forward inflation and malfunction detection inflation in one or more of a vehicle’s credits for compliant vehicles, produced times, functioning of the TPMS with tires. Some petitioners recommended a in excess of the phase-in requirements spare tires, tire reserve load, compliance reduction in detection time (ETRTO, and manufactured between the effective testing conditions and procedures, SmarTire Systems, ETV); others sought date of this rule and the conclusion of system disablement and an increase in such time period (NIRA the phase-in. These carry-forward reprogrammability, telltale issues, Dynamics, VW/Audi), and still another credits could be used during the phase- breadth of the malfunction detection argued for some combination of the two in, but they could not be used to delay requirement, minimum activation (BMW). compliance certification for vehicles pressure, owner’s manual requirements, ETRTO argued that the decision in the produced after the conclusion of the sharing of TPMS servicing information, final rule to set a 20-minute detection phase-in. Except for vehicles produced and phase-in calculations. time requirement for the TPMS low tire by final-stage manufacturers and alterers All of the issues raised in the pressure warning (an increase from the (who receive an additional year for petitions for reconsideration presently 10-minute detection time proposed in compliance), all covered vehicles must before us are addressed in the the NPRM) may compromise safety, comply with FMVSS No. 138 on Discussion and Analysis section because driving for an additional 10 September 1, 2007, without use of any immediately below. minutes on a significantly under- carry-forward credits. Effective Date. In light of the rapidly inflated tire could cause that tire to To further ease implementation, we approaching October 5, 2005 start of the further deflate, overheat, and fail. decided to also provide carry-backward phase-in for FMVSS No. 138, we find ETRTO cautioned that ‘‘technical credits, whereby vehicle manufacturers that there is good cause to make these neutrality’’ should not be permitted to may defer compliance with a part or all amendments effective 30 days after surpass safety concerns. Accordingly, of the certification requirements for the publication. The changes resulting from the ETRTO petition urged NHTSA to first period of the phase-in, provided this final rule responding to petitions adopt an under-inflation detection time that they certify a correspondingly for reconsideration generally involve of 10 minutes, as proposed in the larger percentage of vehicles under the requested technical modifications and NPRM. ETRTO did not provide standard during the second period of clarifications to the standard. We supporting data to demonstrate the the phase-in. believe that vehicle manufacturers and extent of tire degradation that would III. Petitions for Reconsideration other interested stakeholders would result from the under-inflation detection benefit from rapid implementation of NHTSA received a total of 17 time adopted in the final rule. these amendments. We note, however, petitions for reconsideration of the April In its petition, SmarTire Systems that vehicle manufacturers may 8, 2005 final rule from: (1) The Alliance argued that repeated exposure of a tire voluntarily comply with the of Automobile Manufacturers (Alliance); to excessive heat build-up could cause requirements of this final rule (2) the Association of International cumulative deterioration of the tire’s immediately. Automobile Manufacturers, Inc. structural components, which could (AIAM); (3) BMW Group (BMW); (4) IV. Discussion and Analysis ultimately lead to tire failure. SmarTire Continental Teves, Inc.; (5) EnTire Systems provided data intended to A. Low Tire Pressure Warning Lamp Solutions, LLC (EnTire); (6) ETV show that within 12 minutes of city Activation Requirements Corporation Pty Limited (ETV); (7) driving (at approximately 30 mph) at a European Tyre and Rim Technical The April 8, 2005 final rule required low ambient temperature, pressure Organisation (ETRTO); (8) Michelin that each TPMS-equipped vehicle must build-up within a properly inflated tire North America, Inc. (Michelin); (9) M- illuminate a low tire pressure warning is about 3 psi, resulting from Vision, Inc.; (10) NIRA Dynamics AB; telltale not more than 20 minutes after temperature build-up within the tire. (11) Public Citizen; (12) Rubber the inflation pressure in one or more of According to the petitioner, the longer Manufacturers Association (RMA); (13) the vehicle’s tires, up to a total of four detection time interval may exacerbate SmarTire Systems, Inc. (SmarTire); (14) tires, is equal to or less than either the this phenomenon and could actually Specialty Equipment Market pressure 25 percent below the vehicle mask an under-inflation condition. Association (SEMA); (15) Sumitomo manufacturer’s recommended cold SmarTire Systems argued that this Rubber Industries (SRI); (16) Tire inflation pressure, or the pressure situation potentially could have Industry Association (TIA); and (17) specified in the third column of Table unintended consequences for testing, as Volkswagen/Audi (VW/Audi). All of 1 of the standard for the corresponding well as negative safety implications. As these petitions may be found in Docket type of tire, whichever is higher. The a result, SmarTire Systems also No. NHTSA–2005–20586. (We note that low pressure telltale must continue to recommended that the standard be modified to return to a 10-minute 15 70 FR 7414 (Feb. 14, 2005) (Docket No. 16 Docket No. NHTSA–2005–20586–31. under-inflation time requirement, as NHTSA–1999–5673–54). 17 Docket No. NHTSA–2005–20586–35. originally proposed.

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ETV argued that in order to maximize in multiple tires, an approach that it a detection time of 20 minutes is not safety, the standard should be amended believes would offer an equivalent or likely to pose a safety risk to the driving to require a TPMS to detect low tire higher level of safety than the approach public. pressure and to provide a warning adopted in the final rule. Alternatively, The agency’s tire research suggests immediately upon vehicle start-up. In BMW suggested that its approach be that even in a 25-percent under-inflated making this argument, ETV analogized adopted as an optional means of condition, the vehicle can be operated to other vehicle safety systems (e.g., air compliance. BMW argued that its safely for this detection period without bags, ABS/brakes, seat belts) that requested change also would make the an appreciable risk of permanent provide a warning while the vehicle is standard more technology-neutral, damage or tire failure. NHTSA stationary or parked (i.e., before the because it stated that there are not any conducted testing on a variety of driver moves the vehicle into traffic). ‘‘production-ready’’ indirect TPMSs that Standard Load P-metric tires at 20 psi An opposing viewpoint was presented can meet the standard’s 20-minute with 100-percent load at 75 mph for 90 in the petition submitted by NIRA detection requirement under all minutes on a dynamometer, and none of Dynamics, which argued that the 20- circumstances. these tires failed.20 This testing led the minute under-inflation detection time NHTSA has carefully considered the agency to conclude that warnings at less for more than one tire is unnecessarily arguments of petitioners seeking severe conditions will give drivers stringent in light of the circumstances modifications to the standard’s low tire sufficient time to check and re-inflate that normally cause multiple-tire under- pressure warning lamp activation their vehicles’ tires before the tires inflation. According to the petitioner, requirements. In general, the petitioners experience appreciable damage. under-inflation in multiple tires usually reiterated arguments raised at previous Furthermore, analysis of public results from slow diffusion over many stages of this rulemaking and did not comments at the NPRM stage months (loss of 1–2 psi per month), so provide any new information to support demonstrated that a detection time 20-minute time requirements for TPMS their positions. Thus, we have decided period shorter than 20 minutes could calibration and under-inflation to retain the low tire pressure activation raise issues of detection accuracy for detection are not necessary. NIRA requirements (including those related to many systems, which could lead to false Dynamics also stated that indirect system calibration) set forth in the April telltale illuminations (‘‘nuisance TPMSs update actual parameter values 8, 2005 final rule. Our reasoning is warnings’’), which in turn could whenever a vehicle is driven (storing largely the same as expressed in that negatively impact consumer acceptance the latest values in memory when the notice, which we summarize below. of TPMSs. engine is turned off). Therefore, the We continue to believe that a 20- Petitioners advocating a shorter time TPMS telltale would be expected to minute time period for under-inflation period did not provide any illuminate, regardless of the length of detection in one to four tires is countervailing data to substantiate their the last driving cycle, as soon as the appropriate, as is a 20-minute time assertions that a 20-minute detection accumulated driving time with an period for TPMS calibration. The low time for a significantly under-inflated under-inflated tire is sufficiently long. tire pressure lamp activation tire would lead to tire damage or tire Accordingly, NIRA Dynamics requirements reflect the agency’s careful failure. Although manufacturers are recommended that NHTSA increase the balancing of safety and practicability encouraged to provide the low tire time period permitted for TPMS concerns viewed through the prism of pressure warning as quickly as possible, calibration and low pressure detection available data. we believe that a 20-minute detection for multiple tires to one hour. The As we noted in the final rule, TPMSs time is unlikely to result in any adverse petitioner stated that such a change were not developed to warn the driver safety consequences. would permit the use of advanced of extremely rapid pressure losses that We also believe that a 20-minute indirect TPMS technologies, while could accompany a vehicle encounter detection time is consistent with our maintaining the safety benefits of the with a road hazard or a tire blowout. intention to articulate a standard that is standard. The petition of VW/Audi According to the tire industry, those practicable and technology-neutral. As made an argument very similar to that types of events account for noted in the final rule, we are aware of of NIRA Dynamics on this point. approximately 15 percent of pressure at least one indirect TPMS that is BMW also expressed its expectation loss cases.18 Presumably, a driver would currently capable of meeting the that a TPMS-equipped vehicle would be well aware of the tire problem in standard’s four-tire, 25-percent under- not need to be driven continuously those situations, and the TPMS would inflation detection requirement within during a single trip in order to detect provide little added benefit. 20 minutes,21 and we expect that with low tire pressure, but instead, Instead, TPMSs’ benefits lie in additional time and development, other cumulative driving time gathered over a warning drivers when the pressure in indirect and hybrid systems also would number of shorter trips should be the vehicle’s tires is approaching a level be able to meet the requirements of the adequate to detect and warn about at which permanent tire damage could standard. significant tire under-inflation. be sustained as a result of heat buildup We are not adopting ETRTO’s and Therefore, BMW reasoned that the and tire failure is possible; this low SmarTire’s recommendations to reduce TPMS would be unlikely to need the level of inflation pressure generally the time period for under-inflation fully allotted detection time in most results from a more measured pressure detection time to 10 minutes because cases. loss cause by a slow leak, defective our tire data suggest that such change is However, BMW recommended a valve, or diffusion. According to the tire not required for safety and because it slightly different solution from that industry, approximately 85 percent of would likely decrease the number of proposed by NIRA Dynamics and VW/ all tire pressure losses are slow air technologies available for complying Audi. Specifically, BMW stated that losses that occur over hours, weeks, or with the standard. The same reasoning NHTSA should revise the standard to months of vehicle use.19 In those cases, applies to our decision to deny ETV’s require a 10-minute cumulative driving suggestion that the TPMS be required to detection time for pressure loss in a 18 67 FR 38704, 38728 (June 5, 2002) (Docket No. single tire and a 60-minute cumulative NHTSA–2000–8572–219). 20 Id. at 38726. driving detection time for pressure loss 19 Id. 21 Docket No. NHTSA–2004–19054–96.

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provide a low tire pressure warning Dynamics did not provide any data components such as the wheel sensors, upon vehicle start-up (i.e., before the indicating that tires could be operated signal antennae, or the presence of vehicle is in motion). safely for one hour after reaching a level incompatible tires. In its petition, the Furthermore, we have decided not to of inflation that is 25 percent below AIAM argued that an interruption of extend the low tire pressure detection placard pressure. Thus, we are power to the ECM or to the telltale (or time beyond 20 minutes for multiple- concerned that an increase in the to the connection between the ECM and tire under-inflation, as requested by detection time for multiple-tire under- the telltale) would be identifiable by NIRA Dynamics, VW/Audi, and BMW. inflation could decrease the safety failure to illuminate the TPMS MIL As explained in the final rule, we benefits of the rule. The same logic during bulb check. The AIAM also believe that adverse safety consequences applies to BMW’s suggestion that the recommended modifying S6(l) to could result if the low tire under- time for malfunction detection be incorporate these conditions or by inflation detection time were to extend increased to one hour, a request that we having S6(k) exclude these conditions beyond 20 minutes. As discussed in the are also denying, because a from the procedures for creating a final rule, available research suggests malfunctioning TPMS may not be simulated TPMS malfunction. that average commuting times are less available to warn about a concurrent tire The Alliance similarly argued in its than 30 minutes in most cases.22 Many under-inflation problem. petition that NHTSA should clarify that other trips, such as routine errands, may S6(k) of the test procedures, which also involve drive times of less than 30 B. TPMS Malfunction Indicator Lamp permits ‘‘disconnecting the power minutes. We expressed concerns that by (MIL) Activation Requirements source to any TPMS component,’’ increasing the low tire pressure 1. What Constitutes a TPMS should not include disconnecting the detection time, it would be conceivable Malfunction? power source to the telltale itself. The Alliance stated its belief that the telltale that consumers could be driving on As part of the final rule establishing significantly under-inflated tires for a is an FMVSS No. 101 component (not a FMVSS No. 138, the TPMS-equipped ‘‘TPMS component’’), and that the potentially extended period of time vehicle’s MIL telltale must provide a without receiving a warning from the situation where there is a loss of power warning to the driver not more than 20 to the telltale is already covered by the TPMS. minutes after the occurrence of a We also expressed concern that bulb check requirements in S4.3.3(a) or malfunction that affects the generation extending the low tire pressure S4.4(b)(4)(i), thereby obviating the need or transmission of control or response detection time beyond 20 minutes could for it to be covered under S4.4(a). signals in the vehicle’s TPMS. (See S4.4, be problematic in other situations. For The Alliance also recommended a as contained in the April 8, 2005 final example, where a tire is punctured by minor editorial change in S4.4(b)(3) that rule.) Paragraph S6(k) of the final rule’s a nail or is otherwise damaged, it may would modify that provision to read as test procedures provides for the experience a moderately rapid pressure follows: ‘‘Continues to illuminate the simulation of one or more TPMS loss. As to damaged tires experiencing TPMS malfunction telltale under the malfunction(s) by disconnecting any a relatively less rapid pressure loss, conditions specified in S4.4(a) * * *.’’ electrical connection between TPMS research into the rate of temperature The standard currently references components, or by installing a tire or buildup shows that for constant load, ‘‘S4.4.’’ wheel on the vehicle that is pressure, and speed conditions, tires EnTire Solutions argued that for incompatible with the TPMS. generally warmed up and stabilized TPMSs using Hardwired Vehicle Speed The details as to exactly what their temperatures within 15 minutes; 23 Input to the TPMS receiver, such input constitutes a TPMS malfunction were thus, the tire will rapidly reach a does not directly affect ‘‘the generation among the most extensively discussed or transmission of control or response temperature that places stress on an issues in the petitions for signals’’ in the vehicle’s TPMS, and under-inflated tire. In such cases, we are reconsideration. Many petitioners who disconnecting vehicle speed input concerned about delaying the warning discussed this issue generally sought would not involve an electrical to the driver for too long. Therefore, in clarification regarding whether a connection between ‘‘TPMS the April 8, 2005 final rule, we selected malfunction warning would be required components’’ as called out specifically 20 minutes for the low tire pressure under specific situations. The in S6(k) of the FMVSS No. 138 test detection time, because we believed that malfunction-related issues raised in procedures. According to EnTire it would maintain the utility of the these petitions are addressed below. Solutions, disconnecting vehicle speed TPMS and the safety benefits associated The AIAM recommended amending input is ‘‘impractical’’ to diagnose since with that system. S4.4(a) to narrow the definition of such a disconnect would not prevent We do not believe that the arguments ‘‘TPMS malfunction’’ to limit that term the TPMS from providing under- presented by BMW and NIRA Dynamics to conditions where proper power inflation warnings while driving unless regarding the cumulative nature of data supply is maintained to the TPMS. there are multiple problems with the gathering by the TPMS justifies According to the AIAM petition, the system. Accordingly, EnTire Solutions changing the standard’s low tire standard, as currently written, would requested clarification as to whether pressure detection time to one hour for require installation of another electronic systems using Hardwired Vehicle Speed multiple tires. We believe that a one- control module (ECM) in addition to the Inputs need to illuminate the TPMS MIL hour delay in warning the driver of TPMS ECM in order to solely monitor telltale upon disconnection of those significant tire under-inflation either MIL telltale operations, a largely inputs. when the system is new, reset, or redundant feature that would use up EnTire Solutions also requested a reprogrammed is too long, particularly limited space behind the dashboard. clarification regarding paragraph S6(k) given that other systems can provide a As its recommended solution, the of the TPMS test procedures, which warning more rapidly. BMW and NIRA AIAM recommended that the scope of provides an instruction regarding S4.4(a) be limited to situations where ‘‘disconnecting any electrical 22 70 FR 18136, 18148 (April 8, 2005) (Docket No. NHTSA–2005–20586–1). the TPMS has power, which would connection between TPMS components 23 See June 5, 2002 comments of the RMA (Docket allow the system to identify ***.’’ Specifically, the petitioner No. NHTSA–2000–8011–64). malfunctions in the TPMS ECM and questioned whether the above language

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refers to connector-level interconnects mount between the sensor assembly and petitions (AIAM, Alliance) and in light or individual wires. the wheel, or separation of parts from of our own prior statements, we have In its petition, EnTire Solutions stated the sensor assembly. According to M- decided to amend the standard’s test that for systems using multiple ground Vision, a typical TPMS sensor weighs procedures for malfunction detection to paths for the receiver, it is ‘‘impractical’’ about 40 grams (1.41 ounces), and if explicitly state that telltale lamps will to diagnose a single ground path such components come loose as a result not be disconnected, because such disconnection. EnTire Solutions of fatigue, they may generate high g- malfunctions would be indicated during recommended that the standard be forces, cause internal damage to the tire, the bulb checks required under S4.3.3(a) amended to clarify that TPMS MIL and ultimately lead to tire failure. The and/or S4.4(b)(4). Consequently, the activation will not be required in such M-Vision petition also argued that a driver would be provided with cases. EnTire Solutions also asked if the loose TPMS device rattling within the information regarding the operability of system could be constructed such that front wheel could lead to sudden wheel the TPMS warning telltale(s) through the low pressure detection lamp could imbalance while the vehicle is in alternative means. be illuminated by an auxiliary power motion, potentially causing the driver to We believe that this clarifying change source when the primary source is steer improperly. In order to prevent is consistent with the final rule. In that disconnected without illuminating the what it deems to be a significant safety notice, we stated that ‘‘the MIL should MIL. This question applies to low tire risk, M-Vision recommended that the not be required to signal a burned out pressure telltales that indicate which definition of a ‘‘TPMS malfunction’’ be bulb as a TPMS malfunction, because tire is under-inflated and telltales that modified to include mechanical failures, that problem would already be do not indicate which tire is under- as described in its petition. identified during the check-of-lamp inflated (i.e., the ISO lamp). Continental Teves’ petition requested function at vehicle start-up.’’ (70 FR NIRA Dynamics’ petition argued that clarification of that portion of S4.4(a), 18136, 18151 (April 8, 2005)) It was not it is not possible for vehicle which requires the TPMS MIL to our intention to require a redundant manufacturers to meet the final rule’s illuminate ‘‘not more than 20 minutes system solely to monitor the TPMS certification requirement for the TPMS after occurrence of a malfunction that telltale(s). Similarly, the check-of-lamp to be able to detect all replacement tires affects the generation of transmission of function would alert the driver of that are not compatible with the system, control or response signals in the malfunctions pertaining to processes because it is not possible to know what vehicle’s tire pressure monitoring directly tied to operation of the TPMS tires will be offered in the future or how system.’’ (Emphasis added.) We telltale(s) that necessitate servicing. such tires will interact with current understand Continental Teves to be When the driver takes the vehicle to the TPMSs. According to NIRA Dynamics, arguing that there are other repair facility, the problem should be to make such a certification, vehicle circumstances or factors that could diagnosed and corrected, even though it manufacturers installing indirect TPMSs ‘‘affect’’ the system (e.g., replacement may not be the one anticipated (e.g., a would be required to test their systems tire construction) without preventing it problem with a wire rather than a with all types of tires available on the from detecting and providing the burned out bulb). Thus, this subset of market, both now and in the future, requisite low tire pressure warning. TPMS-related malfunctions would still something which would not be possible Therefore, Continental Teves be expected to be identified, but through for economic and practical reasons. recommended changing the word a mechanism other than the MIL. Therefore, the petitioner recommended ‘‘affects’’ to ‘‘inhibits’’ in S4.4(a), which Accordingly, we are amending S6(k) to amending the final rule to state that the it argued is consistent with the purpose delimit the types of system TPMS MIL requirements are limited to of the TPMS MIL to alert the driver malfunctions that will be simulated electrical and system transmission when the system is not functional. during testing, consistent with the interruptions or failures that result in no Given that the TPMS MIL above. Specifically, we are adding the sensor signal being sent to the TPMS requirements were a relatively recent following statement to that paragraph: control module. conceptual addition to FMVSS No. 138, ‘‘When simulating a TPMS malfunction, In its petition, SRI argued that there it is not surprising that several the electrical connections for the telltale are other conditions, albeit rare, that petitioners requested clarification of lamps shall not be disconnected.’’ could affect the performance of TPMSs those provisions. As noted above, such Furthermore, in response to EnTire’s even if the control or response signals clarification requests included questions requests for clarification regarding are properly transmitted. For example, of coverage of specific potential specific potential disconnections, we SRI stated that a direct TPMS may not malfunction, some of which the have decided that all electrically- recognize that it is transmitting petitioners asserted could be difficult to powered components and devices that incorrect pressure data due to a sensor detect. Our response, addressing these interface with the TPMS, including failure, or an indirect TPMS may not concerns about the standard’s hardwired vehicle speed inputs, are recognize that the sensitivity of the malfunction requirements, is provided potential candidates for disconnection TPMS is lower due to certain tire below. under S6(k). Similarly, a single ground characteristics. SRI essentially agreed In overview, we have decided to path in a multiple ground path system with the argument of NIRA Dynamics, retain the final rule’s requirement for may be a candidate for disconnection arguing that analyzing the influence of the TPMS MIL to illuminate whenever during TPMS malfunction testing. all replacement tires on the TPMS there is a malfunction that affects the We are denying NIRA Dynamics’ would be just as difficult as requiring generation of transmission of control or request that the standard be amended to that the TPMS be compliant with all response signals in the vehicle’s tire exclude incompatible aftermarket and replacement tires. pressure monitoring system. The agency replacement tires from the malfunctions M-Vision’s petition questioned continues to favor a broad detection that the TPMS malfunction indicator whether the standard’s requirements for requirement for the TPMS MIL and not must be able to detect. As noted in the malfunction detection would include one limited to specific malfunctions, April 8, 2005 final rule, we believe that instances where there is a mechanical because such restrictions would the ability of the TPMS malfunction failure of the TPMS, including ones unnecessarily reduce the safety benefits indicator to detect incompatible tires is resulting from a separation of the joint/ of the TPMS. However, in response to key to the long-term functionality of the

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TPMS, and unless such a warning is mechanical malfunction of a wheel consumer may wish to ‘‘upgrade’’ the provided, some drivers may lose the component without dismounting the vehicle’s TPMS in situations where that benefits of the system entirely. It is tire from the wheel, and potentially person encounters incompatible plainly foreseeable that most vehicles damaging the TPMS. Furthermore, we replacement tires. If disablement of the will outlast their original set of tires, so have not been presented with any data MIL were permitted for such this requirement is necessary to ensure to demonstrate that mechanical failures, replacement purpose, SEMA argues that that consumers continue to receive the such as those described in the M-Vision it would alleviate SEMA’s concerns that TPMS’s important information related petition, are likely to arise in actual consumers will choose not to install to low tire pressure. vehicles or the consequences thereof. If aftermarket or replacement rims and The petition of NIRA Dynamics did situations involving mechanical failures tires because they would lose the not provide data to demonstrate the of TPMS wheel components were to benefits of the MIL or have to accept nature or extent of indirect TPMSs’ develop frequently, those types of driving with the MIL illuminated. Thus, alleged problems related to detection of potential TPMS failures may be SEMA recommended that NHTSA incompatible tires. We do not believe determined to be defects, which would clarify that it is permissible to make the that manufacturers would have to test be properly addressed by NHTSA’s TPMS inoperative in order to replace all tires in order to determine which Office of Defects Investigation. the system with another TPMS that is tires are incompatible with a given Regarding Continental Teves’ also compliant with FMVSS No. 138. system, as NIRA Dynamics has recommendation for a wording change We do not believe that it is necessary suggested. Our understanding is that under the standard’s malfunction to amend the TPMS standard in order to indirect TPMSs detect low tire pressure detection requirement (S4.4), permit suppliers and service technicians by comparing the differences in the specifically to state that a malfunction to install aftermarket components and rolling radius of the tires (i.e., speed of ‘‘inhibits’’ rather than ‘‘affects’’ the systems that comply with FMVSS No. the tires) and activating the low tire generation or transmission of control or 138. This principle holds for our safety pressure telltale when the difference response signals in the vehicle’s TPMS, standards generally. We believe this between wheel speeds reaches a certain we have decided to deny that request. approach is appropriate for the pre-determined value. We further Overall, the rationale offered by following reasons. understand that for indirect TPMSs, Continental Teves in support of its By way of background, the incompatible tires are primarily tires recommended change to the definition disablement for repair/replacement with a relationship between rolling of a TPMS malfunction was not cogent concept is addressed in 49 U.S.C. radius and tire pressure that is outside and seemed incomplete. For example, 30122(b), which provides: the range of the system or where the the petition mentioned a hybrid system, geometry of one tire is outside the but it did not explain how it operates. A manufacturer, distributor, dealer, or tolerances of the system. In such cases, We do not believe that the Continental motor vehicle repair business may not knowingly make inoperative any part of a the TPMS must be able to distinguish Teves petition provides a sufficient device or element of design installed on or between a tire with low pressure and basis to support its recommended in a motor vehicle or motor vehicle one that is incompatible with the TPMS, change to the standard. equipment in compliance with an applicable and to then illuminate the MIL. We have decided to grant the motor vehicle safety standard prescribed In direct TPMSs, tire incompatibility Alliance’s request for a technical change under this chapter [49 U.S.C. 30101 et seq.] is primarily associated with tire in S4.4(b)(3) that would modify that unless the manufacturer, distributor, dealer, construction materials and their provision to read as follows: ‘‘Continues or repair business reasonably believes the potential attenuation of radio frequency to illuminate the TPMS malfunction vehicle or equipment will not be used signals generated by the TPMS unit telltale under the conditions specified (except for testing or a similar purpose (sensor) inside the tire. Based upon all in S4.4(a) * * *.’’ Although we do not during maintenance or repair) when the device or element is inoperative. available information, we have decided believe that the standard’s current that TPMSs should continue to be reference to S4.4 in that provision is When an automotive service business required to alert the driver of a variety likely to cause any confusion or brings a vehicle into its facility for of system malfunctions, including additional burden, we agree that the repair, replacement, or servicing of installation of incompatible aftermarket Alliance’s recommended specification is vehicle systems or components, it or replacement tires. We believe that more precise. stands to reason that certain operating this approach will ensure continued, components or systems may need to be long-term TPMS functionality, which is 2. MIL Disablement disabled in order to effectuate those consistent with Congress’ intention to The final rule did not contain any changes. Furthermore, while such improve tire and vehicle safety, as provision for MIL disablement, and the changes are pending, we expect that the expressed in the TREAD Act. preamble discussed the agency’s vehicle would not be engaged in on- We have decided not to adopt M- rationale for not permitting system road use. By the time the vehicle is Vision’s recommendation that we disablement (see section IV.C.2(c), as again returned to on-road use, the amend the standard’s malfunction contained in the April 8, 2005 final business must ensure that aspects of the detection requirement to specifically rule). vehicle covered by applicable FMVSSs address mechanical failures of the In its petition, SEMA expressed have been made inoperative. With that system, such as a separation of wheel- support for the agency’s decision in the proviso, upgrades to the vehicle of the mounted TPMS components. We final rule not to permit disablement of type mentioned by SEMA would be believe that severe mechanical failures the TPMS malfunction indicator lamp. permissible, even if the standard does of TPMS wheel components would However, SEMA requested clarification not explicitly state it. trigger the TPMS malfunction indicator as to whether the MIL may be disabled in most cases, because a severe (made inoperative) for the purpose of C. Telltale Requirements mechanical problem with a sensor replacing the TPMS with an equivalent The final rule requires each TPMS to would retard communications between aftermarket TPMS that also meets the include a low tire pressure warning the sensor and the receiver. In addition, requirements of the FMVSS No. 138. For telltale that is mounted inside the it would be difficult to simulate a example, SEMA suggested that a occupant compartment in front of and

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in clear view of the driver and which is operation of the TPMS related telltale(s), illuminated. This sequence will serve to identified by one of the symbols for the as well as the timing for implementing alert the driver to any and all TPMS ‘‘Low Tire Pressure Telltale’’ in Table 2 the telltale requirements. More malfunctions detected by the system. of FMVSS No. 101, Controls and specifically, the Alliance’s petition We believe that once a consumer is Displays. The low tire pressure warning sought clarification regarding how a warned that a TPMS malfunction exists, telltale is required to illuminate under combined TPMS telltale should operate that person would be expected to take the conditions specified in S4.2 of when sequential malfunctions occur. the vehicle to a service professional to FMVSS No. 138, and it must also The Alliance identified the following diagnose and correct the problem. This perform a check of lamp function when potential approaches: (1) Have one reaction is not likely to change the ignition locking system is activated flashing sequence cover all TPMS depending upon the number of to the ‘‘On’’ (‘‘Run’’) position or a malfunctions; (2) Have each malfunctions, and at such time, we position between ‘‘On’’ (‘‘Run’’) and malfunction trigger a separate warning, anticipate that all conditions impairing ‘‘Start’’ that is designated by the or (3) Extend the length of the flashing operation of the TPMS would be manufacturer as a check position. (See sequence to indicate more than one resolved. Furthermore, we have decided S4.3, as contained in the April 8, 2005 malfunction. The recommendation of to specify how sequential malfunctions final rule.) the Alliance was to leave the choice would be indicated in order to prevent Under the final rule, the TPMS- among these approaches to vehicle confusion on the part of the consumer equipped vehicle is also required to be manufacturer discretion. and to ensure that TPMSs provide a equipped with a TPMS malfunction The Alliance also petitioned to correct consistent message across the fleet. indicator (beginning September 1, what it perceives to be a lack of Accordingly, we have made minor 2007). This malfunction indicator may synchronization between the TPMS technical changes to S4.4(c)(2) of the be provided either through a separate, telltale requirements in FMVSS No. 138 standard to clarify this matter. dedicated telltale or through a combined and in FMVSS No. 101. Specifically, the Regarding the issue of the low tire pressure/TPMS malfunction Alliance stated that vehicle coordination of the compliance dates for telltale. For the separate TPMS MIL, the manufacturers have no compliance the requirement of FMVSS No. 138 and telltale must be mounted inside the requirements vis-a`-vis FMVSS No. 138 Table 2 of FMVSS No. 101, we agree occupant compartment in front of and until October 5, 2005, but there is not that it was not the agency’s intention to in clear view of the driver and be any corresponding compliance date require vehicle manufacturers to comply identified by the word ‘‘TPMS,’’ as specified in FMVSS No. 101 regarding with the requirements for the TPMS described under ‘‘TPMS Malfunction the TPMS-related symbols (which telltale(s) in advance of the Telltale’’ in Table 2 of FMVSS No. 101. arguably results in a compliance date of requirements for the installation of The dedicated TPMS malfunction April 8, 2005 for those telltale symbols). FMVSS No. 138-compliant TPMSs telltale is required to illuminate under According to the Alliance, failure to themselves. Vehicle manufacturers are the conditions specified in S4.4 of remedy this apparent oversight would not required to install TPMSs until FMVSS No. 138 for as long as the negatively impact the voluntary October 5, 2005, and compliance could malfunction exists, and it must also introduction of TPMSs that are not potentially be postponed if they elect to perform a check of lamp function when certified to FMVSS No. 138, and the use carry-backward credits. During the the ignition locking system is activated Alliance stated that substantial lead phase-in, manufacturers could install to the ‘‘On’’ (‘‘Run’’) position or a time is needed to incorporate such other TPMSs that are not necessarily position between ‘‘On’’ (‘‘Run’’) and display changes. Therefore, the Alliance compliant with FMVSS No. 138, so we ‘‘Start’’ that is designated by the recommended adding two footnotes to would not expect those vehicles to manufacturer as a check position. (See Table 2 of FMVSS No. 101 that would comply with the TPMS-related S4.4(b), as contained in the April 8, exempt vehicles from compliance with requirements of FMVSS No. 101, 2005 final rule.) the TPMS symbol requirements for although we would expect vehicles If the vehicle manufacturer elects to vehicles whose TPMSs are not certified voluntarily certified to FMVSS No. 138 provide a combination telltale, it must as compliant with FMVSS No. 138 to also meet the requirements of FMVSS meet the requirements of S4.2 and S4.3, during the phase-in period for that No. 101. Furthermore, the TPMS as discussed above, and also indicate a standard.24 malfunction telltale is not required until TPMS malfunction as follows. While the The Alliance also recommended September 1, 2007, a fact reflected in ignition locking system is activated to adding a new Footnote 10 to that table FMVSS No. 138 but not in FMVSS No. the ‘‘On’’ (‘‘Run’’) position, upon as follows: ‘‘Display requirements of the 101. detection of a TPMS malfunction, the low tire pressure telltale are mandatory During our consideration of these combination telltale must flash for a only for vehicles compliant with the petitions for reconsideration, the agency period of at least 60 seconds but no requirements of FMVSS No. 138 at the published a final rule updating FMVSS longer than 90 seconds. After this date of vehicle manufacture.’’ No. 101 (70 FR 48295 (August 17, period of prescribed flashing, the telltale Regarding the issue of sequential 2005)).25 At that time, we were already must remain continuously illuminated (multiple) malfunctions, we have aware of this synchronization issue. as long as the malfunction exists and the decided that for vehicles with a Therefore, in order to clarify the ignition locking system is activated to combined low tire pressure/malfunction relationship between the TPMS-related the ‘‘On’’ (‘‘Run’’) position. This warning indicator, the telltale must requirements of FMVSS Nos. 138 and flashing and illumination sequence flash for a single period of at least 60 101, we included an amendment in that must be repeated each time the ignition seconds but no longer than 90 seconds final rule to modify the relevant table in locking system is activated to the ‘‘On’’ and then remain continuously FMVSS No. 101. (‘‘Run’’) position until the situation We note here that the above final rule causing the malfunction has been 24 The Alliance recommended that the following for FMVSS No. 101 reorganized that corrected. (See S4.4(c), as contained in statement be added to Footnote 9 of FMVSS No. 101 standard to some extent, and Table 2: ‘‘Display requirements for Tire Pressure the April 8, 2005 final rule.) Monitoring System Malfunction Telltale are consequently, the TPMS telltale As discussed below, the Alliance effective for vehicles manufactured on or after petition raised issues related to the September 1, 2007.’’ 25 Docket No. NHTSA–2005–22113–1.

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provisions are now contained in Table either entirely or partially inoperable, in arguments and reasoning as to the need 1, rather than Table 2. Accordingly, we contravention of the TREAD Act. for a tire reserve load. Instead, it are revising S4.3.1(b) and S4.4(b)(2) of Furthermore, ETV expressed concern incorporated its earlier submissions by FMVSS No. 138, in order to properly that in such situations, the TPMS MIL reference.26 The RMA’s petition reference the TPMS-related provision of may illuminate, thereby masking other repeated its earlier recommendation that FMVSS No. 101. tire or system faults. Accordingly, ETV NHTSA should establish a reserve load Returning to our discussion of the recommended that the standard be requirement to ensure that the tires can three footnotes for the TPMS-related amended to require the spare tire to be safely carry the vehicle maximum load telltales incorporated into FMVSS No. fitted with a TPMS sensor so that the (i.e., not drop below the minimum 101, these footnotes read as follows. TPMS may continue to function in values presented in the load/pressure Footnote 13, which is applied to the compliance with the standard when a tables of the Tire and Rim Association symbols and words for all three TPMS spare tire is in use. (TRA) Year Book), when the vehicle’s telltales (i.e., the combined telltale We have decided not to adopt ETV’s tires are under-inflated by 25 percent. which does not indicate which tire is recommendation that we modify the ETRTO made essentially the same under-inflated, the combined telltale standard to require the TPMS to operate arguments as the RMA regarding the which does indicate which tire is under- when a spare tire is installed on the need for a tire reserve load requirement, inflated, and the dedicated TPMS MIL), vehicle. We came to this decision for a in order to maximize consumer safety as provides, ‘‘Required only for FMVSS number of reasons, including the compliant vehicles.’’ Thus, if the knowledge on the part of drivers that required under the TREAD Act. We note vehicle is certified to FMVSS No. 138, temporary tires are not intended for that the RMA and ETRTO petitions for the TPMS telltale in question must extended use, the fact that compact reconsideration provided no new data comply with the requirements in Table spare tires pose operational problems on the tire reserve load issue. 2. for both direct and indirect TPMSs, the We have decided to deny RMA’s and Footnote 14, which applies only to disincentive for manufacturers to ETRTO’s request that we establish a tire the dedicated TPMS MIL telltale, makes supply a full-size spare (or any spare reserve load requirement, based upon clear that a separate telltale is not tire) if TPMS compliance were required, the reasoning cited in earlier agency required; it states, ‘‘Alternatively, either and the increased cost of the rule, with pronouncements on this issue, as low tire pressure telltale may be used to little if any safety benefit, if a spare tire summarized below. In a notice indicate a TPMS malfunction. See must be monitored. In fact, as the published in the Federal Register on FMVSS 138.’’ standard is currently written, May 19, 2005, the agency denied the Footnote 15 also applies only to the illumination of the TPMS MIL when a RMA’s petition for rulemaking seeking dedicated TPMS MIL, stating, ‘‘Required spare tire is installed may have the to establish its recommended tire only for vehicles manufactured on or beneficial effect of encouraging the reserve load because neither the RMA’s after September 1, 2007.’’ For vehicle driver to rapidly repair or replace the nor the agency’s data demonstrated a manufacturers that elect to provide a regular tire, thereby permitting the spare safety need for such a requirement.27 separate telltale for the MIL, the telltale tire to be returned to emergency reserve Specifically, the available evidence did would need to display ‘‘TPMS’’ after status. As noted in the final rule, not demonstrate a reliable or conclusive that date. Again, vehicle manufacturers NHTSA will not conduct compliance relationship between tires with little or with vehicles certified to FMVSS No. testing under Standard No. 138 with no pressure reserve and a higher rate of 138 could voluntarily certify that they spare tires installed on the vehicle. tire failures in the field. For a more comply with the MIL requirements 2. Tire Reserve Load complete discussion of the tire reserve before that date, in which case they load issue, please consult the above- The April 8, 2005 final rule would be subject to this TPMS telltale establishing FMVSS No. 138 does not referenced notice responding to the requirement, if they chose to install a include any separate requirements for RMA petition. dedicated MIL telltale. Because the tire reserve load beyond those already We further believe that the tire reserve necessary changes have already been specified under our FMVSSs for tires. load requirement requested by the RMA incorporated into FMVSS No. 101, no Consistent with the position in its and ETRTO is unnecessary in light of additional amendments to the earlier petition for rulemaking and its certain other requirements in our tire regulatory text are required by this final comments on the NPRM, the RMA standards. By way of explanation, rule on this issue. argued that the April 8, 2005 final rule FMVSS No. 110, Tire Selection and D. Tire-Related Issues for TPMS does not adequately protect Rims, mandates, among other things, motor vehicle operators from the risk of that all passenger cars sold in the 1. Spare Tires driving on significantly under-inflated United States be equipped with tires The April 8, 2005 final rule does not tires, because it does not provide a that are capable of carrying the vehicle’s require the TPMS to monitor the warning when one or more of the maximum loaded vehicle weight at the pressure in a spare tire (either compact vehicle’s tires has insufficient pressure manufacturer’s recommended cold or full-sized), either while stowed or to carry the actual load on the tires. inflation pressure (vehicle placard when installed on the vehicle. According to the RMA, the final rule’s pressure). Multipurpose passenger In its petition, ETV expressed its TPMS activation threshold fails to vehicles, trucks, buses and trailers must opinion that the TREAD Act requires ensure that consumers will receive be fitted with tires that are capable of the TPMS to continuously monitor all adequate warning before the tire’s supporting the vehicle’s gross axle four active tires at all times while the inflation pressure falls below the vehicle is being driven. ETV then minimum level required to support the 26 Specifically, the RMA referenced its argued that because the April 8, 2005 actual load (or if unknown, the submissions to Docket No. NHTSA–2000–8572 final rule does not require the spare tire maximum load) on the tire. The RMA (entry numbers 116, 172, 228, 238, 241, 260, 261, 262, 263, and 271) and to Docket No. NHTSA– (whether compact or full-size) to be did not provide any new data on this 2004–19054 (entry number 34). equipped with a TPMS sensor (for direct topic, and for the sake of brevity, it did 27 70 FR 28888 (May 19, 2005) (Docket No. systems), this would render the TPMS not repeat in its petition all of its earlier NHTSA–2005–20967–8).

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weight rating (GAWR).28 In most cases, version of FMVSS No. 110 specifies that variation, and other system variables, vehicle manufacturers meet these the vehicle normal load on each tire while avoiding nuisance warnings. requirements by consulting must not exceed 94 percent of the tire’s Therefore, in order to specify a placard standardized tables for tire size, loading, load rating at the placard pressure for pressure of 35 psi, the TPMS activation and inflation pressure published by the that tire. This change in calculation of threshold would need to be lowered to Tire and Rim Association or other vehicle normal load is intended to more 25 to 28 psi. international tire industry accurately reflect the load based on the As discussed in its earlier petition for organizations.29 vehicle’s placard pressure, which may rulemaking on MAPs,32 the Alliance Vehicle manufacturers may, at their vary from vehicle to vehicle, even when argued that the MAP values in Table 1 discretion, specify a higher placard the same tires are used. We anticipate are likely to prove problematic for pressure for the tires fitted to their that this change may result in a placard certain vehicle applications. The products than that provided by the TRA pressure increase of 1–2 psi.31 Alliance stated that it had previously tables to support the vehicle’s maximum 3. Minimum Activation Pressure submitted certain component and load. This additional tire pressure is vehicle test data in support of its known as ‘‘tire pressure reserve.’’ Under S4.2 of the standard, the TPMS petition, including LT tire test data Within bounds, an increase in tire must illuminate a low tire pressure supplied by General Motors (data from pressure results in an increase in load warning telltale not more than 20 endurance tests, low inflation pressure carrying capacity. The extra load minutes after the inflation pressure in tests, laboratory and on-vehicle bead carrying capacity realized, because of one or more of the vehicle’s tires, up to unseating tests).33 Based upon such the additional tire pressure, is called the a total of four tires, is equal to or less data, the Alliance has concluded that ‘‘tire load reserve.’’ than either the pressure 25 percent there is not a demonstrated safety need As noted in our denial of the RMA’s below the vehicle manufacturer’s for the specific MAP values for LT tires petition, we believe that the existing recommended cold inflation pressure, set forth in Table 1. According to the requirements in our tires standards or the pressure specified in the 3rd Alliance, more stringent requirements, provide an adequate pressure reserve. column of Table 1 of the standard for testing at higher tire deflection levels, FMVSS No. 110 also includes a the corresponding type of tire, are already set by paragraph S6.4, ‘‘Low requirement for a tire pressure reserve whichever is higher. Table 1 is titled Inflation Pressure Performance,’’ of based on vehicle normal load. ‘‘Low Tire Pressure Warning Telltale— FMVSS No. 139, New Pneumatic Radial ‘‘Vehicle normal load’’ is that load on Minimum Activation Pressure’’ (MAP). Tires for Light Vehicles, so there is an individual tire that is determined by The third column of Table 1 specifies arguably not any need for such a distributing to each axle its share of the the following MAP values: (1) P-metric, requirement under FMVSS No. 138. curb weight, accessory weight, and Standard Load (140 kPa/20 psi); (2) P- Therefore, in its petition, the Alliance occupant weight and dividing the result metric, Extra Load (160 kPa/23 psi); (3) identified three recommended options by two. The number of occupants used Load Range C (200 kPa/29 psi); (4) Load for addressing the MAP issue: (1) to determine the ‘‘normal load’’ is Range D (240 kPa/35 psi); and (5) Load Eliminate the MAP requirement for LT defined in FMVSS No. 110 as two Range E (240 kPa/35 psi). tires; (2) adopt the MAP values persons for a vehicle with four seating The Alliance acknowledged the proposed by the Alliance, or (3) adopt positions, and three persons for a modifications to the MAP values in the 29 psi as the MAP for all LT tires (Load vehicle with five seating positions. The final rule as an improvement over the Range C, D, and E). current standard requires that the values proposed in the NPRM. However, In its petition, the RMA expressed an vehicle normal load on a tire shall not the Alliance nevertheless recommended opposing viewpoint on the MAP issue, be greater than 88 percent of the tire’s that the standard should be modified objecting to the decision in the final rule maximum load rating as marked on the further to permit light truck Load Range to lower the MAP for Load Range D and tire sidewall. D and E tires to be used across the safe E tires to 35 psi. The RMA argued that NHTSA published a final rule operating range of inflation pressures for a MAP of 35 psi for these tires will not upgrading the standards applicable to those tires that are specified in the load/ ensure that consumers receive an tires on June 26, 2003.30 The upgraded pressure tables of the TRA Year Book. adequate warning before the tires According to the Alliance, TPMSs become significantly under-inflated or 28 This requirement was adopted from FMVSS require a 7 to 10 psi differential between over-inflated. The RMA recommended No. 120, Tire Selection and Rims for Motor Vehicles recommended cold inflation pressure Other Than Passenger Cars. Before TREAD Act- that the agency conduct further and the TPMS low tire pressure warning rulemaking related to MAPs, including related upgrades were made (which also threshold in order to allow for consolidated NHTSA’s tire standards), passenger issuance of an NPRM, so that the cars, and non-passenger cars regardless of their environmental effects, manufacturing interested public has an opportunity to gross vehicle weight rating (GVWR), were covered provide additional information and to by FMVSS Nos. 110 and 120 respectively. Selection and Rims for Motor Vehicles with a 29 Paragraph S4.3.1(c) of FMVSS No. 110 permits GVWR of 4,536 Kilograms (10,000 Pounds) or Less, fully participate in the resolution of this the use of standard tire pressure/load tables FMVSS No. 119, New Pneumatic Tires for Motor issue. (Michelin’s petition made the contained in publications listed in paragraph Vehicles with a GVWR of More Than 4,536 same arguments on this issue as the S4.4.1(b) of FMVSS No. 109 that are current at the Kilograms (10,000 Pounds) and Motorcycles, RMA petition, and it incorporated the date of manufacture of the tire or any later date. FMVSS No. 120, Tire Selection and Rims for Motor Specifically, publications by any of the following Vehicles with a GVWR of More Than 4,536 RMA’s document by reference.) international industrial organizations may be used: Kilograms (10,000 Pounds), and FMVSS No. 139, After careful consideration of the (1) The Tire and Rim Association, (2) The European New Pneumatic Radial Tires for Light Vehicles. See petitions addressing the MAP issue, we Tyre and Rim Technical Organization, (3) Japan 68 FR 38116 (June 23, 2003) (Docket No. NHTSA– have decided to confirm and retain the Automobile Tire Manufacturers’ Association, Inc., 2003–15400–1). (4) Tyre & Rim Association of Australia, (5) 31 The agency has conducted a FMVSS No. 110 MAP values for LT tires as presented in Associacao Latino Americana de Pneus e Aros vehicle normal load evaluation and has concluded Brazil), or (6) The South African Bureau of that almost all light vehicles could meet a revised 32 Docket No. NHTSA–2000–8572–265 and 266. Standards. criteria for load reserve based on 94 percent of 33 The petition also stated that additional data 30 The June 23, 2003 final rule pertained to placard pressure with only a minor increase (e.g., related to the MAP issue were supplied by the FMVSS No. 109, New Pneumatic Bias Ply and 1 or 2 psi) in inflation pressure to accommodate the Alliance and GM at Docket No. NHTSA–2000– Certain Specialty Tires, FMVSS No. 110, Tire new requirement. Id. at 38141. 8572–268 and Docket No. NHTSA–2004–19054–95.

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Table 1. As noted in the final rule, the function) with the following statement in the owner’s manual about the time TRA Year Book includes load/pressure in English: for the TPMS telltale(s) to extinguish relationships for Load Range D and E Each tire, including the spare (if provided), once the low tire pressure condition or tires from 80 psi (maximum inflation should be checked monthly when cold and the malfunction is corrected. Vehicle pressure) down to 35 psi. This value inflated to the inflation pressure manufacturers may also include provides a benchmark, indicating that a recommended by the vehicle manufacturer information in the owner’s manual Load Range D or E tire could be safely on the vehicle placard or tire inflation about the significance of the low tire operated at an inflation pressure as low pressure label. (If your vehicle has tires of a pressure warning telltale illumination, a as 35 psi. This approach is analogous to different size than the size indicated on the description of corrective action to be vehicle placard or tire inflation pressure the approach we used in selecting the label, you should determine the proper undertaken, whether the TPMS MAP values for P-metric tires, although inflation pressure for those tires.) functions with the vehicle’s spare tire (if the various tire industry publications As an added safety feature, your vehicle provided), and how to use a reset button exhibited more consistent values for P- has been equipped with a tire pressure (if one is provided). metric tires. monitoring system (TPMS) that illuminates a Petitioners recommended changes to The MAP values in Table 1 provide a low tire pressure telltale when one or more the content of the owner’s manual floor value for activation of the TPMS of your tires is significantly under-inflated. language, and they also requested Accordingly, when the low tire pressure for given classes of tires, and we do not additional lead time for implementing believe that it is consistent with safety telltale illuminates, you should stop and check your tires as soon as possible, and the standard’s owner’s manual to eliminate the MAP for Load Range D inflate them to the proper pressure. Driving provisions. These arguments are and E tires. The MAPs play an on a significantly under-inflated tire causes presented immediately below. important role in the TPMS’s ability to the tire to overheat and can lead to tire provide a timely warning to the driver failure. Under-inflation also reduces fuel 1. Lead Time regarding low tire pressure. We believe efficiency and tire tread life, and may affect The Alliance argued that because the that the minimum operating pressure the vehicle’s handling and stopping ability. owner’s manual requirements of FMVSS recommended for Load Range D and E Please note that the TPMS is not a No. 138 do not provide any additional substitute for proper tire maintenance, and it tires in the TRA Year Book is an lead time for those provisions, they adequate and safe value for the MAP. is the driver’s responsibility to maintain correct tire pressure, even if under-inflation significantly impact the ability of We are aware that a MAP of 35 psi has not reached the level to trigger manufacturers to earn and apply carry- effectively requires that the minimum illumination of the TPMS low tire pressure forward and carry-backward credits. vehicle placard pressure be 40 to 45 psi telltale. The Alliance stated that the text for the to ensure proper TPMS function. [The following paragraph is required for all required owner’s manual language However, we expect that the MAP issue vehicles certified to the standard starting on differs substantially from that raised by the Alliance and GM is only September 1, 2007 and for vehicles incorporated in the June 2002 final rule voluntarily equipped with a compliant TPMS likely to impact a small percentage of (since vacated) or September 2004 vehicles using LT tires (i.e., typically MIL before that time.] Your vehicle has also been equipped with a TPMS malfunction NPRM, and its petition also stated that vehicles with a GVWR of over 8,500 indicator to indicate when the system is not current owner’s manuals of TPMS- 34 pounds). Furthermore, our analysis of operating properly. [For vehicles with a equipped vehicles contain a statement the available data has led us to conclude dedicated MIL telltale, add the following consistent with the language provided that the MAP values currently presented statement: The TPMS malfunction indicator in one or the other of those two notices. in Table 1 should not have a significant is provided by a separate telltale, which The Alliance stated that preparation negative impact upon vehicle handling displays the symbol ‘‘TPMS’’ when of owner’s manuals normally involves a illuminated.] [For vehicles with a combined or the propensity for rollover, so we one-to-two year process, something that believe that the current MAP values low tire pressure/MIL telltale, add the following statement: The TPMS malfunction the Alliance claims that NHTSA has provide a long-term resolution of this indicator is combined with the low tire recognized in other proceedings.36 issue without the need for further pressure telltale. When the system detects a Although at first blush these owner’s rulemaking.35 malfunction, the telltale will flash for manual changes may seem like a simple With regard to the RMA and Michelin approximately one minute and then remain matter, the Alliance argued that the petitions, neither of them provided any continuously illuminated. This sequence will multiplicity of brands and models data or rationale explaining why the continue upon subsequent vehicle start-ups significantly increases the complexity of agency should initiate new, separate as long as the malfunction exists.] When the malfunction indicator is illuminated, the this task. Furthermore, the Alliance’s rulemaking to address the MAP issue for petition stated that, overall, since the Load Range D and E tires. These system may not be able to detect or signal low tire pressure as intended. TPMS time of the June 5, 2002 final rule, ‘‘the petitions merely provided a conclusory malfunctions may occur for a variety of different versions of the [required statement that MAP values of 35 psi will reasons, including the installation of owner’s manual] text differ only in not ensure that consumers will be replacement or alternate tires or wheels on detail, and not in substance or intent.’’ warned before the tires are dangerously the vehicle that prevent the TPMS from As a result, the Alliance argued that overloaded or under-inflated. functioning properly. Always check the TPMS malfunction indicator after replacing E. Owner’s Manual Requirements 36 The Alliance referenced NHTSA’s final rule one or more tires or wheels on your vehicle responding to petitions for reconsideration of the Under S4.5, the owner’s manual of to ensure that the replacement or alternate Tire Safety Information rulemaking (see 68 FR each vehicle certified as complying with tires and wheels allow the TPMS to continue 33655 (June 5, 2003) (Docket No. NHTSA–2003– FMVSS No. 138 must provide an image to function properly. 15278–1)). In that rule, the agency decided to extend the final rule’s lead time (of less than one of the Low Tire Pressure Telltale symbol For vehicles that do not come with an year) for an additional year, in part because of the (and an image of the TPMS Malfunction owner’s manual, the required need for vehicle manufacturers to effect changes to Telltale warning (‘‘TPMS’’), if a information must be provided in writing owner’s manuals. The notice stated, ‘‘Additionally, dedicated telltale is utilized for this to the first purchaser of the vehicle for all car lines, manufacturers will be required to make extensive changes to their owner’s manuals (S4.5(c)). and these changes typically require a longer lead 34 Docket No. NHTSA–2000–8572–265. As provided under S4.5(b), vehicle time than that provided by the final rule.’’ 68 FR 35 DOT HS 809 701. manufacturers may include information 33655, 33656 (June 5, 2003).

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such differences do not justify hindering requirements until September 1, 2007. required owner’s manual statement manufacturers’ ability to introduce Based upon our analysis, we believe accomplishes its purpose, so it is not TPMSs in an expedited fashion. For the that a September 1, 2006 compliance necessary to require the additional above reasons, the Alliance date is practicable, so we do not see any language recommended by ETRTO and recommended delaying the effective reason to further delay presentation of a SRI. date for all TPMS-related owner’s standardized message to consumers Furthermore, we have decided to manual requirements until September 1, regarding the presence and function of deny ETRTO’s request to make 2006. TPMSs. mandatory the other TPMS-related The AIAM’s petition raised many of 2. Content of Required Statement topics addressed in S4.5(b). Again, the same arguments regarding the need because we believe that the required for lead time for the owner’s manual In its petition, ETRTO argued that the statement under S4.5(a) provides a clear requirements, both for vehicles that provisions in the April 8, 2005 final rule and simple explanation about the TPMS manufacturers intend to earn carry- dealing with the owner’s manual to the consumer, we believe the optional forward credits, as well as for other language may be inadequate to warn topics listed in S4.5(b) may be vehicles. However, the AIAM’s petition consumers regarding potential TPMS beneficial, but are not necessarily differed in that it asked NHTSA to delay shortcomings. Accordingly, ETRTO critical. In addition, some of those the standard’s compliance date for recommended that S4.5 of the standard topics may not apply to all vehicles, TPMS-related owner’s manual be amended to: (1) Clearly explain the depending upon the type of TPMS requirements until September 1, 2007. precautions that the consumer must take technology installed. Because that is the date for mandatory to ensure proper functioning of the compliance with the standard’s TPMS for systems equipped with a 3. Other Owner’s Manual Issues malfunction detection requirements, the manual reset feature (e.g., to prevent The Alliance recommended moving AIAM reasoned that such date would recalibration at an incorrect inflation the requirements currently contained in allow all required owner’s manual level); (2) explicitly state that the TPMS S4.5, Written Instructions, from 49 CFR language related to the TPMS to be may not alert the driver for a 20-minute part 571 (i.e., FMVSS No. 138) to 49 incorporated at the same time. period immediately after a malfunction CFR part 575, Consumer Information, After careful consideration of these occurs, until such time as the TPMS can the locus of other owner’s manual petitions, we have decided to delay the detect the malfunction, and (3) require, requirements involving specific compliance date for the TPMS owner’s rather than permit, vehicle language. According to the Alliance, manual requirement, thereby granting manufacturers to provide the other safety standards under part 571 petitions’ request for additional lead information specified under S4.5(b). with requirements for the owner’s time to incorporate the required SRI recommended amending S4.5(a) manual generally provide manufacturers language into the vehicle owner’s by supplementing the required discretion to include their own manual. We have decided to postpone statement in the vehicle owner’s manual descriptions of certain required compliance with the owner’s manual with the following additional language information or elements (e.g., FMVSS requirement until September 1, 2006, to make consumers aware that other Nos. 108, 202, 205, 208, 210). and we are modifying S4.5(a) of the anomalous situations may exist: standard accordingly. (We note that the The Alliance expressed concern that compliance date for incorporation of the When illuminated, the malfunction retention of the owner’s manual warning light indicates that the TPMS is not requirement in part 571 could required language related to the TPMS receiving a signal from the inflation pressure MIL is has not changed (i.e., September unnecessarily trigger the recall and or wheel sensors. However, even if the remedy provisions under 49 U.S.C. 1, 2007).) We believe that this request malfunction warning light is not illuminated can be granted without negatively there can be conditions that can cause the 30118 and 30120. The Alliance argued impacting vehicle safety. First, delay of system to be less sensitive to the tire pressure that even a typographical error, no the owner’s manual requirements would loss. It is the driver’s responsibility to matter how minor or insignificant, not impact the functioning of the TPMS maintain correct tire pressure even if both would at the very least require the or the warnings that it provides. TPMS and malfunction indicator lamps are manufacturer to notify NHTSA that a Furthermore, we expect that even before not illuminated. noncompliance exists by filing a report that date, TPMS-equipped vehicles SRI argued that its recommended under 49 CFR part 573, Defect and would have some owner’s manual owner’s manual language is necessary Noncompliance Reports, and to petition statement presenting relevant because it is not possible to anticipate for a determination of information to the consumer. This all problems that would cause inconsequentiality. change should facilitate vehicle inaccuracies in a TPMS’s functioning, Furthermore, the Alliance argued that manufacturers’ ability to earn carry- some of which may not be capable of movement of the TPMS-related owner’s forward and carry-backward credits for being detected by the TPMS manual requirements to part 575 would TPMSs that otherwise comply with malfunction indicator. not have any impact upon vehicle FMVSS No. 138 since publication of the After careful review, we have decided manufacturers’ compliance, because April 8, 2005 final rule. that no further modifications to the even with such a change, manufacturers We specifically note that delay in the vehicle owner’s manual requirements would still be subject to the penalty compliance date for the standard’s are required as a result of the ETRTO provisions of part 578, Civil and owner’s manual requirements does not and SRI petitions. We believe that the Criminal Penalties, for violations of the impact vehicle manufacturers’ language set forth in the April 8, 2005 part 575 regulations. In addition, responsibility to provide TPMSs final rule provides a clear message to Alliance stated that there is already complying with FMVSS No. 138 on a the consumer regarding the presence sufficient incentive for manufacturers to schedule consistent with the phase-in and function of the TPMS installed in communicate effectively regarding commencing on October 5, 2005, as set the vehicle, as well as its supporting safety issues, because vehicle forth in the April 8, 2005 final rule. role to the vehicle operator’s ongoing manufacturers have a strong incentive to We are denying the AIAM’s request to responsibility for regular tire satisfy customers, to protect corporate extend the vehicle owner’s manual maintenance. We believe that the reputation, and to avoid litigation.

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The Alliance argued that reassigning topic will be discussed and responded in the final rule allows the test pressure the TPMS-related owner’s manual to as an initial matter. Specifically, in the under-inflated tire to be 30 requirements to part 575 would alleviate ETRTO argued that the final rule’s test percent or more below placard pressure, any carry-forward credit concerns procedures represent a step backward the compliance tests must be conducted associated with text that does not from the NPRM in terms of ensuring at an under-inflation level of 25 percent precisely conform to that adopted in that drivers are warned promptly when or more below placard or at the MAP. FMVSS No. 138. That is because under a vehicle’s tires are 25-percent under- We believe that the test procedures, as S7.4(a) of FMVSS No. 138 and subpart inflated or reach the minimum amended in this final rule, will result in G of part 585 (TPMS Phase-in Reporting activation pressure. ETRTO expressed TPMS testing with an under-inflation Requirements), a manufacturer must concern that ‘‘comparison of an under- level of 25–30 percent below placard for report compliance with all TPMS inflation level checked while tyres are the test tire(s), which we also believe is requirements, except for S4.4 which warm with a placard inflation level sufficiently accurate when variations in deals with the TPMS MIL, in order to relative to cold tyres may be seriously ambient temperature, tire temperature, earn carry-forward credits. misleading.’’ The petitioner provided tire geometry, and test instrumentation The Alliance’s petition also stated data intended to demonstrate the are considered. The example offered by that the required owner’s manual inconsistent results that may be ETRTO in which tire pressure errors at language presented in the agency’s presented, depending upon the tire and service stations are calculated based on TPMS Laboratory Test Procedure (TP– when it is tested under the test a pressure gauge with 90 percent 138–00) does not match that set forth in procedures of FMVSS No. 138. ETRTO accuracy, is not representative of the S4.5(a). The Alliance asked the agency stated that the final rule’s arguments level of accuracy experienced in to reconcile this conflicting language. related to the vehicle cool-down period compliance or certification testing. For Upon consideration, we have decided (discussed at section IV.C.4.d of the these reasons, we believe that the test to deny the Alliance request to move the final rule) are not pertinent because they procedures, as amended in response to requirement under S4.5(a) for the are not supported by experimental the petitions, are appropriate. specific owner’s manual statement to 49 evidence. Furthermore, ETRTO argued CFR part 575. We believe that the that the final rule does not take into 1. Test Conditions required statement describing the TPMS account measurement uncertainties and The final rule included provisions and its role is a fundamental aspect of capabilities of TPMSs, and that under S5, Test Conditions, to specify the the standard, and accordingly, we measurement quality assurance conditions under which the agency believe that it should remain an integral principles have not been met. ETRTO would conduct compliance testing part of FMVSS No. 138. Although it is also asserted that modifications are under S6, Test Procedures. Specifically, true that errors in printing the owner’s necessary because manometers at gas S5 provided that during testing, the manual statement could trigger station air pumps are seriously ambient temperature would be between manufacturer responsibilities under the inaccurate, something which could 0° C (32° F) and 40° C (104° F) (see S5.1, recall and remedy provisions of 49 contribute to the above problems. For as contained in the April 8, 2005 final U.S.C. 30118 and 30120, we believe that these reasons, ETRTO recommended rule). The road test surface will be any such instances would be rare and easily reverting to the test procedures set forth portion of the Southern Loop of the avoidable. Careful proofreading of pre- in S6 of the NPRM, because it believes Treadwear Test Course defined in publication owner’s manual statements that those procedures are more likely to Appendix A and Figure 2 of 49 CFR should ensure that the standard’s result in closer compliance with the 575.104, and the road surface will be required language is faithfully executed, standard’s 25-percent under-inflation dry during testing (see S5.2, as and in rare instances where detection requirement. contained in the April 8, 2005 final typographical errors arise, those In response, we note that the test rule). situations can be readily corrected procedure for low tire pressure through a petition for determination of detection was modified in the final rule The vehicle will be tested at any inconsequential noncompliance. to eliminate the one-hour cool-down weight between its lightly loaded As to the Alliance’s point regarding period after system calibration, because vehicle weight and its gross vehicle the discrepancy between the required that provision required that the tires be weight rating (GVWR) without owner’s manual language in S4.5(a) of cycled from cool to warm during the exceeding any of its gross axle weight the standard and the TPMS Laboratory test. That would have introduced ratings (see S5.3.1, as contained in the Test Procedure (TP–138–00), we have temperature and pressure uncertainties April 8, 2005 final rule). The vehicle’s since corrected the latter document to during the test procedure, and there TPMS will be calibrated and tested at remedy this inadvertent error (see would have been the possibility that tire speeds between 50 km/h (31.1 mph) and http://nhtsa.gov/portal/site/nhtsa/ pressure would rise to a level above the 100 km/h (62.2 mph) (see S5.3.2, as menuitem.b166d5602714f9a73baf activation threshold for the low tire contained in the April 8, 2005 final 3210dba046a0/). detection telltale. Elimination of the rule). The vehicle’s rims may be one-hour cool-down period allows the positioned at any wheel position, F. Test Procedures low pressure test to be conducted with consistent with any related instructions The test conditions for the TPMS may minimal temperature and pressure or limitations in the vehicle owner’s be found under S5 of the standard, and change. manual (see S5.3.3, as contained in the the corresponding test procedures may We believe that the arguments in the April 8, 2005 final rule). The final rule be found at S6 of the standard. Specific April 8, 2005 final rule related to the also specifies that the vehicle’s tires will aspects of these test conditions and vehicle cool-down period (see section be shaded from direct sun when the procedures are outlined below, along IV.C.6.d) are supported by the data in vehicle is parked (see S5.3.4, as with focused issues raised in petitions the ETRTO petition. That is, the tire contained in the April 8, 2005 final rule) for reconsideration. pressure in the deflated tire remains and that driving time shall not However, the petition submitted by below the TPMS telltale activation level accumulate during application of the ETRTO raised the issue of the adequacy while the vehicle is driven. With regard service brake (see S5.3.5, as contained of the test procedures generally, so that to the argument that the test procedure in the April 8, 2005 final rule).

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The RMA petitioned the agency to have decided that no further performance. Furthermore, it is unlikely amend the test conditions in the TPMS modifications to the test conditions in that design changes yielding greater standard to ensure that the system S5 are necessary. The agency’s intention safety benefits would result because operates under all conditions that in developing the test procedure for vehicle manufacturers are aware of the would represent the real-world driving TPMS-equipped vehicles was not to test temperature, weather, vehicle speed, environment. Although the RMA’s the TPMS at every conceivable vehicle and other conditions that their vehicles petition did not set forth these operating condition, but to instead are exposed to and typically design to recommended changes in detail, it did evaluate the system at operating meet or exceed those conditions. reference the same recommendations conditions that are typically 2. Vehicle Cool-Down Period from the organization’s earlier petition encountered during normal driving. The for rulemaking and its comments on the RMA and ETRTO did not present any Under S6, Test Procedures, the final September 2004 NPRM for TPMS. In new data or arguments regarding the rule states that the vehicle will be those earlier submissions, the RMA adequacy of the final rule’s test driven within five minutes after argued that the temperature range for conditions, nor did they specify any reducing the inflation pressure in the testing should be expanded to include recommendations for test parameters tire(s) as part of the low tire pressure ambient temperatures below freezing that they believe would be more detection phase (see S6(f)(1), as (32° F) and above 104° F. The RMA also reflective of real world driving contained in the April 8, 2005 final advocated testing under slippery road conditions. rule), and, for vehicles in which the conditions, increasing the range for the Consistent with the approach TPMS successfully detected low tire driving speed to include speeds over discussed above, the agency decided to pressure, it also requires the vehicle’s 100 kmh for low tire pressure detection, specify the Southern Loop of the Tread ignition to be turned off for five and testing during braking maneuvers. Wear Test Course, a public roadway, for minutes, after which time the ignition ETRTO made a similar argument in its the compliance test, rather than using a locking system is reactivated to petition, seeking changes to the test facility. We do not agree with the determine whether the system continues standard’s test condition to comport argument in the VW/Audi petition that to detect the under-inflation condition with the organization’s suggestions the Southern Loop of the Tread Wear (see S6(g), as contained in the April 8, presented at an earlier stage of the Test Course is not a reasonable or 2005 final rule). Under S6(h), the next rulemaking. In its earlier submissions, practicable means of evaluating real- sequential step in the test procedure, the ETRTO made comments similar to those world TPMS usage. We believe that a vehicle is to be kept stationary for a provided by the RMA (discussed public roadway is highly representative period of up to one hour with the engine immediately above) on this issue, except of the real world conditions that may be off, after which time the vehicle’s tires that ETRTO also recommended testing encountered by drivers, and we further are re-inflated and the TPMS should at speeds below 31 mph. According to believe that, in light of the fact that this recognize that the low tire pressure ETRTO, unless such modifications are particular course has been used for situation has been resolved. The vehicle made to better reflect actual driving several years for testing under our may be driven in order to allow the environments, the standard will not Uniform Tire Quality Grading Standards TPMS to check the tire pressure and to maximize consumer safety, as required (UTQGS), there is not any reason to extinguish the low tire pressure telltale. by the TREAD Act. believe that the course would not In their petitions, ETRTO and The petition of VW/Audi argued that similarly be suitable for TPMS testing. SmarTire objected to the agency’s the Southern Loop of the Tread Wear We are not adopting the suggestion of decision in the April 8, 2005 final rule Test Course may not represent a VW/Audi to specify that portions of the to eliminate the vehicle ‘‘cool down’’ reasonable or practicable means of test be conducted in three ±10 kmh period in S6(e) and S6(f)(1), for the evaluating real-world TPMS usage, as subsets of the overall speed range following reasons. With reference to the would meet the objective of establishing specified in S5.3.2. The VW/Audi calibration/learning phase in S6(d), a standard that would both enhance petition did not provide any data to SmarTire argued that a 20-minute motor vehicle safety and also be demonstrate why these narrower speed driving interval (especially at high practicable for compliance purposes. range categories are necessary, and speeds and high ambient temperatures) For this reason, VW/Audi recommended because vehicle operators are unlikely may increase tire pressure by 5–6 psi that S6(d) and (f) of the standard’s test to observe such strictures during normal over placard pressure. SmarTire procedures should be revised to permit driving, we have decided to retain the expressed concern that this pressure up to 60 minutes of driving time for final rule’s speed range of 50–100 kmh build-up of 5–6 psi would still be certification purposes. Specifically, VW/ (31.1–62.2 mph) without additional present when the pressure in the tire(s) Audi recommended that S6(d), the refinement. Furthermore, we do not is reduced to the test pressure. system calibration/learning phase, believe that VW/Audi’s argument SmarTire provided data indicating should permit a cumulative total of 60 related to extending the time periods for that as presently worded, the FMVSS minutes of driving with a minimum of TPMS calibration and low tire pressure No. 138 test procedure would permit a 10 minutes in at least three vehicle detection is directly related to the TPMS with only a 50-percent under- speed ranges (e.g., 50–70 kmh, 70–85 standard’s test conditions; accordingly, inflation detection capability, rather kmh, and 85–100 kmh (or some other this issue is being addressed elsewhere than the required 25-percent under- sets of speed ranges with limits of ±10 in this notice. inflation detection capability. SmarTire kmh)). VW/Audi also stated that the For these reasons, we continue to asserted that this situation could lead to detection time in S6(f)(2) should be believe that the test conditions specified irreparable structural damage to the tire, increased to a total cumulative time of in the final rule will result in robust which could possibly lead to tire failure, 60 minutes, and that the drive time in TPMSs that will function normally over so the petitioner recommended S6(f)(3) should be the lesser of 60 a wide range of operating conditions. amending the final rule to restore the minutes or the time at which the low Accordingly, we do not believe that one-hour cool down period to the test tire pressure telltale illuminates. additional specifications related to procedure. After considering the petitioners’ temperature, weather, or speed would ETRTO also provided tire pressure comments regarding test conditions, we appreciably change the TPMS’s data obtained by driving a vehicle,

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deflating the warm tires, and measuring tire(s) may be somewhat larger without believes would produce consistent and tire pressure at various time intervals the one-hour cool-down, the actual objective results. Specifically, the after tire deflation. The ETRTO data pressure of the under-inflated tire(s) RMA’s petition called for a pressure re- indicated that, under most deflation would not be expected to be check and reset after deflation through conditions, the warm tires that were significantly above the standard’s low the following modified language deflated to 25 percent below placard tire pressure activation threshold. The (bracketed text is deleted text): pressure minus 2 psi maintained a tire SmarTire and ETRTO petitions did not Stop the vehicle and deflate any pressure of 30 percent or more below provide any data to document the tire combination of one to four tires until the placard pressure. damage expected to occur as a result of deflated tire(s) is (are) at [14 kPa (2 psi) For the reasons that follow, we have the final rule’s reduction in the time of below] the inflation pressure at which the decided against reinstating the one-hour the cool-down period, and they did not tire pressure monitoring system is required to cool-down period proposed in the provide any alternative solution to the illuminate the low tire pressure warning NPRM. However, we are also sensitive problem of tire pressure and telltale. After two minutes, re-check the tire to petitioners’ arguments that the temperature rising during vehicle pressure and adjust the pressure as pressure during testing should be kept operation. Accordingly, we have necessary. as close as possible to the standard’s 25- decided to retain the provisions in S6 Michelin reiterated the RMA’s point percent under-inflation activation related to vehicle cool-down as that a ¥14 kPa (¥2 psi) adjustment to threshold. presented in the final rule without the TPMS activation threshold could Our understanding of the relevant change. result in a TPMS being tested at 32 positions on the cool-down period is as percent under-inflation, rather than the follows. Vehicle manufacturers 3. 2-psi Adjustment (Temperature Correction) required level of 25 percent, and it expressed concern that if a vehicle is incorporated the reasoning set forth in permitted to cool down for one hour Under S6(e) of the final rule, any the RMA submission by reference. after the calibration phase of testing, combination of one to four tires is Michelin also provided an attachment to once the vehicle is driven, the tires will deflated to 14 kPa (2 psi) below the its petition intended to demonstrate the warm up, and tire pressure would be inflation pressure at which the TPMS is variability of the pressure increase for expected to rise by several psi. Thus, required to illuminate the low tire warm tires after deflation depending vehicle manufacturers are concerned pressure warning. This provision sets upon tire size and deflation technique. that the tires may warm up to a point the stage for the test procedures’ low SmarTire also objected to the above the TPMS low tire activation pressure test (i.e., the system detection provision in the test procedures that sets threshold (i.e., less than 25 percent phase). This adjustment provides some the tire pressure at 14 kPa (2 psi) below below placard pressure), thereby margin in compliance testing to ensure the 25-percent-below-placard level, causing the low tire pressure telltale to that a warm tire does not cause a tire because it argued that this approach extinguish after illumination or not deflated by 25 percent below placard could result in a TPMS being tested at illuminate at all. Accordingly, the pressure to again rise slightly above the 30-percent under-inflation. SmarTire vehicle manufacturers favor both a short 25-percent TPMS warning threshold. cool-down period (e.g., five minutes or The issue of the 2 psi adjustment in stated that if a 14 kPa (2 psi) tolerance less) and a larger temperature S6(e) of the test procedures was among on test pressure setting is necessary for compensation adjustment (e.g., 2 psi). the most frequently raised issues in the test consistency, then the agency should In contrast, tire manufacturers are petitions for reconsideration (i.e., topic modify the standard to require the concerned that there would be a 30- addressed by the Alliance, Michelin, the TPMS to illuminate the low tire percent or greater difference in pressure RMA, and SmarTire). The RMA stated pressure warning telltale at some point between: (a) A cold tire inflated to that the final rule modified the test above the 25-percent under-inflation placard pressure and then heated up by procedure to include a ¥14 kPa (¥2 threshold, such that 25-percent under- driving and (b) a warm tire that has been psi) adjustment in tire pressure during inflation remains the minimum deflated to 25 percent below placard testing, rather than the ¥7 kPa (¥1 psi) requirement. pressure. Under real world driving adjustment proposed in the NPRM, but The Alliance did not object to the conditions, this would increase the it did not provide any independent level of the pressure adjustment potential for tire damage and failure. testing data or other verification to provided in S6(e), but it did request Accordingly, tire manufacturers favor a support this change. further changes to S6 to account for the longer cool-down period (e.g., one hour) To address this point, a number of fact that environmental factors (e.g., and a smaller temperature RMA member companies conducted ambient temperature, wind), road test compensation adjustment. testing, and these data, provided with surface temperature (i.e., heat transfer In response to public comment from the RMA petition, suggested that this from road to tire), and sun load on the vehicle manufacturers at the NPRM change to the test procedures could tires (during driving and when stage, the agency reduced the cool-down permit testing of the TPMS with tires stationary) can impact tire temperature period in S6(f)(1) from the NPRM’s under-inflated by 32 percent or more and tire pressure. According to the proposed one hour to the final rule’s below placard pressure, rather than the Alliance, unless the standard carefully five minutes, in order to conduct the required 25 percent. Furthermore, the controls for these factors, there is a low pressure test without significant RMA stated that its testing showed that significant risk that a vehicle will be temperature variation. We agree with by controlling the deflation rate, it mistakenly determined to be out of the vehicle manufacturers that would be possible to eliminate any compliance. elimination of the one-hour cool-down increase in tire pressure that occurs after Therefore, the Alliance also period will help maintain the under- rapid tire deflation. recommended additional verification in inflated tire’s pressure and allow it to The RMA offered the following order to provide an objective remain below the TPMS activation recommended solution to this perceived determination of noncompliance, which threshold during testing. Although the problem, which it characterized as a it believes may be accomplished by pressure difference between the fully- minor modification of S6(e) of the modifying S6(f) and (g) of the standard inflated tires and the under-inflated standard’s test procedures, but which it as follows:

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(f) If the low tire pressure telltale did not increase above the detection threshold close to the intended value when illuminate, stop the vehicle. Check the level, once the vehicle is driven again measured. Use of an accurate gauge is inflation pressure of the tire(s) deflated in during the low pressure detection important so as to reduce the number of S6(e). phase. According to the Alliance, the 2- measurements needed to obtain an (i) If the pressure in the deflated tire(s) is below the inflation pressure at which the psi adjustment helps ensure that any accurate reading. That is because each TPMS is required to illuminate the low tire pressure increase as the vehicle is time a pressure measurement is taken pressure telltale, discontinue the test. driven will not result in the pressure from an inflated tire, there is a slight (ii) If the pressure in the deflated tire(s) is rising above the activation level. We loss of inflation pressure, so fewer above the inflation pressure at which the have considered the Alliance’s checks should result in fewer TPMS is required to illuminate the low tire concerns, but we have decided that it is adjustments and less pressure loss. We pressure telltale, repeat procedure from S6(e). not necessary to eliminate the five- do not believe that S6 requires (g) If the low tire pressure telltale minute cool-down period and that it is amendment to incorporate additional illuminated during the procedure in possible to limit the pressure pressure checks during testing to ensure paragraph S6(f), turn the ignition locking system to the ‘‘Off’’ or ‘‘Lock’’ position. After adjustment to 1 psi without triggering that the pressure is at the correct value, a 5-minute period, turn the vehicle’s ignition testing problems. because we believe that the existing locking system to the ‘‘On’’ (‘‘Run’’) position. Test data submitted by the RMA in procedures are adequate. We are also The telltale must illuminate and remain August 2003 demonstrated that a tire’s denying the RMA’s recommendation to illuminated as long as the ignition locking temperature and inflation pressure do eliminate the pressure adjustment system is in the ‘‘On’’ (‘‘Run’’) position. If the not begin to decrease immediately entirely, because we believe that such telltale does not illuminate or turns off following the end of the road wheel test action would unnecessarily complicate during this procedure, check the inflation (conducted under FMVSS No. 139), but our testing. pressure of the tire(s) deflated in S6(e). If the instead, the tire maintains its Furthermore, we believe that deflating pressure in the deflated tire(s) is below the operational temperature and pressure the tire to 1 psi below the 25-percent inflation pressure at which the TPMS is for a few minutes before beginning to under-inflation threshold, as opposed to required to illuminate the low tire pressure telltale, discontinue the test. slowly decrease to its initial test 2 psi, would not change the stringency pressure.37 of the performance requirements After careful consideration of the Data from studies of the relationship specified in S4.2, but it would ensure petitioners’ arguments related to the 2- between tire pressure and time were that the pressure in the under-inflated psi pressure adjustment, we have submitted by the RMA 38 and tire(s) remains closely tied to the low decided to reduce that adjustment to 1 Michelin 39 along with their petitions. tire pressure activation threshold. This psi. However, we have decided that it is These studies, which involved deflating adjustment was included to facilitate not necessary to incorporate the tires at different rates and monitoring the vehicle test, not to relieve additional pressure checks the pressure after deflation, indicated manufacturers’ responsibility to provide recommended by the Alliance and the that tire pressure rose several psi above a TPMS that can detect when a tire is RMA. The following explains our the pressure at which the deflation was 25-percent below placard pressure. rationale. ended when the deflation rate was Given the difficultly involved with In response to public comments rapid. However, for slower deflation allowing an extended tire cool-down submitted by NIRA Dynamics and VW/ rates, the pressure tended to remain period during the low pressure Audi on the NPRM, we added the 2-psi very close to the value attained detection phase, we believe that pressure adjustment to the low tire immediately after the deflation amending the standard to provide a 1- pressure detection test in S6(f). procedure was completed. Therefore, psi pressure adjustment is a reasonable However, given that the vehicle cool- based upon the available information, approach that should prevent actual down period has been significantly we do not believe that it is necessary to under-inflation values that are reduced and that the low tire pressure eliminate the five-minute cool-down significantly below the standard’s 25- test is to be conducted without period or that it is critical to maintain percent activation value. significant tire temperature variation, a 2-psi pressure adjustment in the test 4. Calibration Time we are concerned that a 2-psi pressure procedure. We also do not believe that adjustment may actually represent an additional modifications are necessary Under the April 8, 2005 final rule, the under-inflation level closer to 30 to compensate for the ‘‘environmental standard’s test procedures provide a percent, rather than the standard’s effects’’ mentioned by the Alliance; the cumulative time period of up to 20 stated activation threshold of 25-percent Alliance did not provide data minutes for TPMS calibration. During under-inflation. Assuming that a tire’s demonstrating the extent of these this system ‘‘learning phase,’’ the inflation pressure typically rises 2–3 psi alleged effects, and we believe that the vehicle is driven for up to 15 minutes during normal vehicle operations, we standard accounts for such effects as of cumulative time (not necessarily believe that this is a valid concern. We promulgated. continuously) along any portion of the believe that amending the standard to Instead, we believe that the Alliance’s test course. Direction of travel on the provide a 1-psi adjustment under S6(f) concerns can be accommodated by test course is then reversed, and the would significantly reduce the amount careful, deliberate administration of the vehicle is driven for an additional of under-inflation deviation from the test, as reflected in our more detailed period of time, for a total cumulative threshold level articulated in the Laboratory Test Procedure for TPMS time of 20 minutes. (See S6(d), as standard. (TP–138–00). For example, in the contained in the April 8, 2005 final The Alliance recommended revising Laboratory Test Procedure, we specify rule.) the test procedure in a manner that use of a pressure gauge with an accuracy As noted above, the petitions of NIRA would eliminate the standard’s current of ± 0.5 percent, which we believe Dynamics and VW/Audi asked that the five-minute cool-down period because it would ensure that the tire pressure is standard be amended to provide a one- believes that even a small delay could hour time period for TPMS calibration. allow the tires to cool slightly, thereby 37 Docket No. NHTSA–2003–15400–9. The petitioners argued that effective resulting in a pressure decrease that 38 Docket No. NHTSA–2005–20586–21. calibration of their TPMSs requires up could once again allow the pressure to 39 Docket No. NHTSA–2005–20586–29. to one hour of time over a range of

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speeds. In addition, the petitioners requirement.40 We expect that with H. Sharing of TPMS Servicing asserted that in light of the mechanism additional time and development, other Information through which multiple-tire under- systems could satisfy this requirement The April 8, 2005 final rule stated that inflation occurs (i.e., through slow as well. For these reasons, we continue the agency does not believe it necessary diffusion), calibration within 20 to believe that requiring TPMS to mandate vehicle manufacturers to minutes is unnecessary. calibration within 20 minutes is report repair and servicing information After careful consideration, we have appropriate. to the aftermarket sales industry and the decided to deny the petitioners’ requests service industry. As stated in the G. TPMS Reprogrammability to increase calibration time from the preamble to the final rule, NHTSA has current 20 minutes to one hour. Even Under the final rule, vehicle not received any consumer complaints though the agency is committed to regarding the serviceability of existing developing a standard that is as manufacturers are permitted, but not required, to provide a TPMS TPMSs, and the agency expects that the technology-neutral as possible, we marketplace will make sufficient believe that a 60-minutes time period reprogrammability feature. However, the final rule made clear that the agency information available to permit for TPMS calibration is too long. Were convenient sales, maintenance, and we to adopt a calibration time period will conduct compliance testing with the tires installed on the vehicle at the repair of such systems. (See 70 FR consistent with the petitioners’ 18136, 18175 (April 8, 2005)) time of initial sale and will follow any recommendations, the average In its petition, SEMA reiterated the manufacturer instructions in the consumer might require several trips for argument made in its comments on the the TPMS to be properly calibrated. owner’s manual related to resetting the NPRM that the agency should require While calibrating, the TPMS is TPMS. (See 70 FR 18136, 18146 (April vehicle manufacturers to share unavailable to provide its important 8, 2005)) sufficient information to allow third- warning about low tire pressure. According to SEMA, replacement tires party servicing of TPMSs. SEMA stated Furthermore, we note that TPMS for a vehicle may require higher that it has heard complaints that the calibration and under-inflation inflation pressure than the vehicle’s service and repair industry and the detection are sequential events, so those original equipment tires, and unless the aftermarket sales industry have been time periods must be added to properly TPMS is reprogrammed to reflect this denied access to TPMS service reflect the amount of time that may new placard pressure, those information from both sensor elapse before the TPMS may provide a replacement tires may become more manufacturers as well as vehicle warning to the driver. This fact argues than 25 percent under-inflated by the manufacturers. However, SEMA did not against extending calibration time in the provide any information to substantiate manner the petitioners have suggested, time the TPMS low tire pressure warning telltale illuminates. SEMA these anecdotal complaints, nor did it particularly because situations exist provide any facts to ascertain how large where the low pressure condition may argued that this situation would both defeat the purpose of the rule and also a problem there may be regarding access arise for reasons other than slow to service information. To resolve these give drivers a false sense of security, diffusion. concerns, SEMA recommended that the although SEMA acknowledged that it Since there is no indication as to standard be amended to include a does not have specific information to when the TPMS calibration process is requirement that any TPMS servicing complete, most consumers are likely to demonstrate how significant this information must be made available to assume that calibration is complete problem currently is or will be in the the vehicle owner, to the extent that shortly after the system reset button is future. SEMA recommended that the such information is available to other activated, for systems that use a reset standard be amended to require TPMS parties. feature. We believe that such reprogrammability. SEMA further argued that unless this expectation brings about a false sense of We have decided to deny SEMA’s recommendation and the other security to consumers who may believe request that we amend FMVSS No. 138 recommendations contained in its that once the reset button is activated, to require TPMS reprogrammability, petition are followed, the rule may have the system is again ready to detect low because there is no evidence to a significant negative impact upon its inflation pressure in any of the vehicle’s demonstrate an actual problem in this small business members, because they tires. (Because the issue of calibration area. We believe that vehicle may be unable to install their products time is closely linked to the issue of low manufacturers installing TPMSs that if the TPMS MIL cannot be tire pressure warning activation, please extinguished. see section IV.A of this notice for may require reprogramming in certain situations are well aware of this issue We have decided to deny SEMA’s additional explanation regarding the request that we compel vehicle need for the TPMS to provide its and will provide this feature, as necessary. Thus, in the final rule, we manufacturers to share TPMS servicing warnings promptly.) information with the service and repair expressly stated that TPMSs are Depending upon how often there is a industry. SEMA has not provided any permitted to be reprogrammable. Once need to reset the system, there is the evidence to demonstrate that vehicle again, although we are uncertain as to potential for the TPMS to be unavailable manufacturers would not make the exact details of system to provide a low tire pressure warning necessary repair and servicing with some degree of frequency, which reprogrammability, we assume that it information available to the aftermarket would add to our concern about will be fairly easy for the service sales industry and to the service extending the calibration time in S6(d). industry to reprogram TPMSs to industry, and its claims of a significant Furthermore, we note that Sumitomo accommodate different tires and rims. negative impact on its members are also Rubber Industries, a manufacturer of speculative. indirect TPMSs, currently produces a 40 In a June 28, 2005 letter submitted to the As noted in the final rule, we have not system that can calibrate within 20 docket, SRI suggested that additional calibration time would be beneficial in terms of system received any consumer complaints minutes, thereby demonstrating the accuracy, although it is not absolutely necessary. regarding the serviceability of existing practicability of a 20-minute calibration (See Docket No. NHTSA–2005–20586–37). TPMSs. Vehicles currently include

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many complex systems, and although carry-backward credits, through which a is free to choose whichever of these two dealer involvement may be necessitated vehicle manufacturer is permitted to options it considers to be the most in some cases, the marketplace has reduce its compliance responsibility advantageous. generally made available sufficient during the first period of the phase-in, We do not believe that the difference information to permit convenient provided that it increases compliance by between the shortened initial maintenance and repair of such systems. a corresponding number of vehicles production period and the slightly We do not believe that TPMS during the second period of the phase- lengthened three-year average will have technologies will prove any different in in (see S7.4(c), as contained in the April a significant effect on the number of this regard. 8, 2005 final rule). vehicles that will be required to comply Furthermore, we are not requiring The AIAM argued that the final rule with the standard in MY 2006. Given vehicle manufacturers to share TPMS is inconsistent regarding its articulation our understanding of vehicle servicing information with the vehicle of the compliance requirement for the manufacturers’ production plans as owner. We believe that such a initial period of the phase-in (i.e., from reflected in their responses to the requirement would be unnecessary for October 5, 2005 to September 1, 2006). agency’s September 9, 2003 Special the reasons discussed above and also Its petition stated that the final rule’s Orders, we tentatively decided in the because consumers are likely to find preamble calls for a 20 percent of a NPRM that 50 percent compliance such highly technical information to be vehicle manufacturer’s production to be during the first year of the phase-in confusing and of little direct usefulness. equipped with TPMSs that are would be reasonable; thus, the final compliant with FMVSS No. 138 during I. Phase-In Calculations that roughly eleven-month period. rule’s phase-in requirement of 20 Under S7, Phase-in Schedule, the However, in the regulatory text, one of percent for the initial period should be final rule sets forth the requirements for the options for calculating the number achievable under either method of vehicle manufacturer implementation of of vehicles that must comply during that calculation. Furthermore, carry- the TPMS standard. Specifically, under period is based upon a full year of backward credits are available under S7.1, for vehicles manufactured on or production (i.e., S7.1(a)). According to S7.4(c) of the standard to further ease after October 5, 2005 and before the AIAM, that provision of the final implementation in the event the September 1, 2006, the number of rule effectively requires a compliance difference between the two methods of vehicles complying with the standard rate of approximately 22 percent during calculation under S7.1 somehow proves (other than the TPMS malfunction the initial phase-in period (rather than problematic. provisions of S4.4) must not be less than 20 percent). However, we are granting the AIAM’s 20 percent of either: (a) The To remedy this situation, the AIAM request that we modify 49 CFR 585.66, manufacturer’s average annual recommended revising S7.1(a) to read, Reporting Requirements, to differentiate production of vehicles manufactured on ‘‘The manufacturer’s total production of the reports to be submitted to the agency or after September 1, 2002 and before vehicles manufactured on or after for each of the two phase-in periods. As October 5, 2005, or (b) the September 1, 2002, and before October currently drafted, section 585.66(b)(1), manufacturer’s production on or after 5, 2005, divided by 3.414.’’ Basis for Statement of Compliance, and October 5, 2005 and before September 1, Furthermore, the AIAM urged the section 585.66(b)(2), Production, require 2006. agency to adopt a separate reporting manufacturers to report values for the Under S7.2, vehicles manufactured on requirement under 49 CFR 585.66(b) for full production year,41 without mention or after September 1, 2006 and before the first phase-in period, which would of the period corresponding to the first September 1, 2007 are subject to a 70 require vehicle manufacturers to submit period of the phase-in (i.e., from percent phase-in of either: (a) The the following information: (1) The October 5, 2005 to September 1, 2006), manufacturer’s average annual number of complying vehicles for the which is the relevant total production production of vehicles manufactured on period from October 5, 2005, to August value for calculation under S7.1(b) of or after September 1, 2003 and before 31, 2006, and (2) total light vehicle FMVSS No. 138. Because the reporting September 1, 2006, or (b) the production for that period, or total light of this information directly relates to manufacturer’s production on or after vehicle production for the period from determining compliance with the September 1, 2006 and before September 1, 2002, to October 5, 2005, requirements of FMVSS No. 138, we September 1, 2007. depending upon the compliance option have decided to revise 49 CFR As required by S7.3, all vehicles that is selected. 585.66(b)(1) and (2) to clearly manufactured on or after September 1, After carefully considering AIAM’s differentiate between the two phase-in 2007 must comply with all requirements argument, we have decided to retain the periods. of the standard, including the TPMS phase-in requirement in S7 for the malfunction requirements of S4.4. initial period of the phase-in without V. Benefits and Costs However, S7.7 provides an exception for change. Under S7.1, a vehicle Section VI of the April 8, 2005 final vehicles manufactured by final-stage manufacturer has two options for rule summarized the costs associated manufacturers and alterers, entities that calculating the number of FMVSS No. with the TPMS standard, as more fully are not subject to the phase-in and for 138-compliant vehicles that must be described in the Final Regulatory which the final rule provides an produced during the initial period of the Impact Analysis (FRIA) 42 additional year for compliance (i.e., phase-in from October 5, 2005 to accompanying the final rule. The FRIA until September 1, 2008). September 1, 2006. Consistent with the The final rule provides carry-forward discussion in the preamble of the final addresses the full range of anticipated credits for vehicles that comply with the rule, one of those options is 20 percent costs related to TPMSs, including the requirements of the standard and which of the manufacturer’s actual production cost of different TPMS technologies, are in excess of the compliance during that period. Alternatively, the requirement for the phase-in reporting manufacturer may choose 20 percent of 41 Under 49 CFR 585.64, the term ‘‘production year’’ is defined as ‘‘the 12-month period between period in question (see S7.4(a), as a three-year average as the basis for September 1 of one year and August 31 of the contained in the April 8, 2005 final calculating the required number of following year, inclusive.’’ rule). In addition, the final rule provides complying vehicles. The manufacturer 42 Docket No. NHTSA–2005–20586–2.

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overall vehicle costs, maintenance costs, established FMVSS No. 138, Tire the vehicle under a defined set of test testing costs, and opportunity costs. Pressure Monitoring Systems, in a final conditions (e.g., ambient temperature, In summary, the FRIA estimated that rule published in the Federal Register road test surface, test weight, vehicle the average incremental cost for all on April 8, 2005. The agency received speed, rim position, brake pedal vehicles to meet the standard’s 17 petitions for reconsideration of the application) on a designated road course requirements would range from $48.44– final rule, two of which were in San Angelo, Texas. The test course $69.89 per vehicle, depending upon the subsequently withdrawn. Most of these has been used for several years by specific technology chosen for petitions raised issues involving NHTSA and the tire industry for compliance. Since approximately 17 technical modifications and correction. uniform tire quality grading testing. The million vehicles are produced for sale in In this final rule responding to petitions standard’s test procedures carefully the U.S. each year, the total annual for reconsideration, the agency carefully delineate how testing will be conducted. vehicle cost is expected to range from considered the statutory requirements of The agency continues to believe that approximately $823–$1,188 million per both the TREAD Act and 49 U.S.C. this test procedure is sufficiently year. The agency estimated that the net Chapter 301. objective and would not result in any cost per vehicle would be $26.63– First, this final rule reflects the uncertainty as to whether a given $100.25 (assuming a one-percent TPMS agency’s careful consideration and vehicle satisfies the requirements of the malfunction rate for replacement tires) analysis of all issues raised in the TPMS standard. and that the total annual net cost would petitions for reconsideration. In Fourth, we believe that this final rule be approximately $453–$1,704 million. responding to the issues raised in these responding to petitions for The agency has determined that the petitions, the agency considered all reconsideration will meet the need for technical amendments resulting from relevant motor vehicle safety motor vehicle safety by making certain this final rule responding to petitions information. In preparing this modifications that will enhance the for reconsideration will not appreciably document, the agency carefully ability of the TPMS standard to provide change the costs and benefits reported evaluated available research, testing a warning to the driver when one or in the FRIA. Accordingly, the agency results, and other information related to more tires become significantly under- has decided that the estimates in that various TPMS technologies. In sum, this inflated, thereby permitting the driver to document remain valid and that document reflects our consideration of take corrective action in a timely additional analysis is not required. all relevant, available motor vehicle fashion and potentially averting crash- safety information. related injuries. VI. Rulemaking Analyses and Notices Second, to ensure that the TPMS Finally, we believe that this final rule A. Vehicle Safety Act requirements remain practicable, the responding to petitions for Under 49 U.S.C. Chapter 301, Motor agency evaluated the potential impacts reconsideration is reasonable and Vehicle Safety (49 U.S.C. 30101 et seq.), of the petitions’ requested actions in appropriate for motor vehicles subject to the Secretary of Transportation is light of the cost, availability, and the applicable requirements. As responsible for prescribing motor suitability of various TPMSs, consistent discussed elsewhere in this notice, the vehicle safety standards that are with our safety objectives and the modifications to the standard resulting practicable, meet the need for motor requirements of the TREAD Act. As from this final rule will further the vehicle safety, and are stated in noted above, most of the changes agency’s efforts to address Congress’ resulting from this final rule involve concern that significantly under-inflated objective terms.43 These motor vehicle relatively minor modifications to the tires could lead to tire failures resulting safety standards set a minimum April 8, 2005 final rule for TPMS. In in fatalities and serious injuries. Under standard for motor vehicle or motor sum, we believe that this final rule the TREAD Act, Congress mandated vehicle equipment performance.44 responding to petitions for installation of a system in new vehicles When prescribing such standards, the reconsideration is practicable and will to alert the driver when a tire is Secretary must consider all relevant, maintain the benefits of the April 8, significantly under-inflated, and available motor vehicle safety 2005 final rule, including prevention of NHTSA has determined that TPMSs information.45 The Secretary also must deaths and injuries associated with meeting the requirements of this final consider whether a proposed standard is significantly under-inflated tires, rule offer an effective countermeasure in reasonable, practicable, and appropriate increased tread life, fuel economy these situations. Accordingly, we for the type of motor vehicle or motor savings, and savings associated with believe that this final rule is appropriate vehicle equipment for which it is avoidance of property damage and for covered vehicles that are or would prescribed and the extent to which the travel delays (i.e., from crashes become subject to these provisions of standard will further the statutory prevented by the TPMS). FMVSS No. 138 because it furthers the purpose of reducing traffic accidents Third, the regulatory text following agency’s objective of preventing deaths and associated deaths.46 The this preamble is stated in objective and serious injuries associated with responsibility for promulgation of terms in order to specify precisely what significantly under-inflated tires. Federal motor vehicle safety standards performance is required and how 47 has been delegated to NHTSA. performance will be tested to ensure B. Executive Order 12866 and DOT As noted previously, section 13 of the compliance with the standard. Regulatory Policies and Procedures TREAD Act mandated a regulation to Specifically, this final rule makes minor Executive Order 12866, ‘‘Regulatory require a tire pressure monitoring modifications to the performance Planning and Review’’ (58 FR 51735, system in new vehicles. In satisfaction requirements for operation of the TPMS, October 4, 1993), provides for making of this congressional directive, NHTSA both in terms of detecting and providing determinations whether a regulatory action is ‘‘significant’’ and therefore 43 warnings related to low tire pressure 49 U.S.C. 30111(a). and system malfunction. subject to OMB review and to the 44 49 U.S.C. 30102(a)(9). 45 49 U.S.C. 30111(b). The final rule also discusses test requirements of the Executive Order. 46 Id. requirements for TPMS calibration, low The Order defines a ‘‘significant 47 49 U.S.C. 105 and 322; delegation of authority tire pressure detection, and TPMS regulatory action’’ as one that is likely at 49 CFR 1.50. malfunction. This test involves driving to result in a rule that may:

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(1) Have an annual effect on the factual basis for certifying that a rule local officials or the preparation of a economy of $100 million or more or will not have a significant economic federalism summary impact statement. adversely affect in a material way the impact on a substantial number of small This final rule is not expected to have economy, a sector of the economy, entities. any substantial effects on the States, or productivity, competition, jobs, the NHTSA has considered the effects of on the current distribution of power and environment, public health or safety, or this final rule under the Regulatory responsibilities among the various local State, local, or Tribal governments or Flexibility Act. I certify that this final officials. communities; rule would not have a significant (2) Create a serious inconsistency or economic impact on a substantial E. Executive Order 12988 (Civil Justice otherwise interfere with an action taken number of small entities. The rationale Reform) or planned by another agency; for this certification is that the present Pursuant to Executive Order 12988, (3) Materially alter the budgetary final rule responding to petitions for ‘‘Civil Justice Reform’’ (61 FR 4729, impact of entitlements, grants, user fees, reconsideration only makes technical February 7, 1996), the agency has or loan programs or the rights and modifications and corrections to the considered whether this rulemaking obligations of recipients thereof; or safety standard for TPMS. As discussed would have any retroactive effect. This (4) Raise novel legal or policy issues in detail in the April 8, 2005 final rule final rule does not have any retroactive arising out of legal mandates, the establishing FMVSS No. 138, we do not effect. Under 49 U.S.C. 30103, whenever President’s priorities, or the principles anticipate that the TPMS standard will a Federal motor vehicle safety standard set forth in the Executive Order. have a significant economic impact on is in effect, a State may not adopt or Although the April 8, 2005 final rule a substantial number of small entities, maintain a safety standard applicable to was determined to be economically and nothing in this final rule would the same aspect of performance which significant, this final rule responding to change either that assessment or its is not identical to the Federal standard, petitions for reconsideration involves underlying reasoning. except to the extent that the State only relatively minor technical amendments to the FMVSS No. 138. D. Executive Order 13132 (Federalism) requirement imposes a higher level of performance and applies only to Accordingly, it was determined that this Executive Order 13132, ‘‘Federalism’’ vehicles procured for the State’s use. 49 final rule is not significant under either (64 FR 43255, August 10, 1999), requires U.S.C. 30161 sets forth a procedure for Executive Order 12866 or the NHTSA to develop an accountable Department of Transportation’s process to ensure ‘‘meaningful and judicial review of final rules Regulatory Policies and Procedures. The timely input by State and local officials establishing, amending, or revoking agency has estimated that the in the development of regulatory Federal motor vehicle safety standards. incremental costs associated with the policies that have federalism That section does not require minor modifications to the standard implications.’’ ‘‘Policies that have submission of a petition for resulting from this final rule will not federalism implications’’ are defined in reconsideration or other administrative appreciably change the costs of the Executive Order to include proceedings before parties may file a compliance with FMVSS No. 138. regulations that have ‘‘substantial direct suit in court. Accordingly, the figures presented in effects on the States, on the relationship F. Executive Order 13045 (Protection of the Final Regulatory Impact Analysis, between the National Government and Children From Environmental Health docketed along with the April 8, 2005 the States, or on the distribution of and Safety Risks) final rule, remain apposite without power and responsibilities among the modification. various levels of government.’’ Under Executive Order 13045, ‘‘Protection of Executive Order 13132, the agency may Children from Environmental Health C. Regulatory Flexibility Act not issue a regulation with federalism and Safety Risks’’ (62 FR 19855, April Pursuant to the Regulatory Flexibility implications, that imposes substantial 23, 1997), applies to any rule that: (1) Act (5 U.S.C. 601 et seq., as amended by direct compliance costs, and that is not Is determined to be ‘‘economically the Small Business Regulatory required by statute, unless the Federal significant’’ as defined under Executive Enforcement Fairness Act (SBREFA) of Government provides the funds Order 12866, and (2) concerns an 1996), whenever an agency is required necessary to pay the direct compliance environmental, health, or safety risk that to publish a notice of rulemaking for costs incurred by State and local the agency has reason to believe may any proposed or final rule, it must governments, the agency consults with have a disproportionate effect on prepare and make available for public State and local governments, or the children. If the regulatory action meets comment a regulatory flexibility agency consults with State and local both criteria, the agency must evaluate analysis that describes the effect of the officials early in the process of the environmental health or safety rule on small entities (i.e., small developing the proposed regulation. effects of the planned rule on children, businesses, small organizations, and NHTSA also may not issue a regulation and explain why the planned regulation small governmental jurisdictions). The with federalism implications and that is preferable to other potentially Small Business Administration’s preempts a State law unless the agency effective and reasonably feasible regulations at 13 CFR part 121 define a consults with State and local officials alternatives considered by the agency. small business, in part, as a business early in the process of developing the This final rule responding to petitions entity ‘‘which operates primarily within regulation. for reconsideration is not an the United States.’’ (13 CFR 121.105(a)). Although statutorily mandated, this economically significant regulatory No regulatory flexibility analysis is final rule responding to petitions for action under Executive Order 12866, required if the head of an agency reconsideration of the TPMS standard and furthermore, the problems certifies the rule will not have a was analyzed in accordance with the associated with under-inflated tires significant economic impact on a principles and criteria set forth in equally impact all persons riding in a substantial number of small entities. Executive Order 13132, and the agency vehicle, regardless of age. Consequently, SBREFA amended the Regulatory determined that the rule would not have this final rule does not involve Flexibility Act to require Federal sufficient Federalism implications to decisions based upon health and safety agencies to provide a statement of the warrant consultations with State and risks that disproportionately affect

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children, as would necessitate further requires federal agencies to prepare a K. Regulatory Identifier Number (RIN) analysis under Executive Order 13045. written assessment of the costs, benefits, The Department of Transportation and other effects of proposed or final G. Paperwork Reduction Act assigns a regulation identifier number rules that include a Federal mandate (RIN) to each regulatory action listed in Under the Paperwork Reduction Act likely to result in the expenditure by the Unified Agenda of Federal of 1995 (PRA), a person is not required State, local, or tribal governments, in the Regulations. The Regulatory Information to respond to a collection of information aggregate, or by the private sector, of Service Center publishes the Unified by a Federal agency unless the more than $100 million annually Agenda in April and October of each collection displays a valid OMB control (adjusted for inflation with base year of year. You may use the RIN contained in number. As part of the April 8, 2005 1995 (so currently about $112 million in the heading at the beginning of this final rule, each of the estimated 21 2001 dollars)). Before promulgating a document to find this action in the affected vehicle manufacturers is NHTSA rule for which a written Unified Agenda. required to provide one phase-in report statement is needed, section 205 of the for each of two years, beginning in the UMRA generally requires the agency to L. Privacy Act fall of 2006. identify and consider a reasonable Please note that anyone is able to Pursuant to the June 5, 2002 TPMS number of regulatory alternatives and search the electronic form of all final rule, the OMB has approved the adopt the least costly, most cost- comments received into any of our collection of information ‘‘Phase-In effective, or least burdensome dockets by the name of the individual Production Reporting Requirements for alternative that achieves the objectives submitting the comment (or signing the Tire Pressure Monitoring Systems,’’ of the rule. The provisions of section comment, if submitted on behalf of an assigning it Control No. 2127–0631 205 do not apply when they are association, business, labor union, etc.). (expires 6/30/06). NHTSA has been inconsistent with applicable law. You may review DOT’s complete given OMB clearance to collect a total Moreover, section 205 allows the agency Privacy Act Statement in the Federal of 42 hours a year (2 hours per to adopt an alternative other than the Register published on April 11, 2000 respondent) for the TPMS phase-in least costly, most cost-effective, or least (Volume 65, Number 70; Pages 19477– reporting. At an appropriate point, burdensome alternative if the agency 78), or you may visit http://dms.dot.gov. NHTSA may ask OMB for an extension publishes with the final rule an of this clearance for an additional explanation of why that alternative was List of Subjects in 49 CFR Parts 571 and period of time. not adopted. 585 However, the present final rule As discussed in that notice, the April Imports, Motor vehicle safety, responding to petitions for 8, 2005 final rule establishing FMVSS Reporting and recordkeeping reconsideration does not contain any No. 138 is not expected to result in the requirements, Tires. additional information collection expenditure by State, local, or tribal I In consideration of the foregoing, requirements beyond those contained in governments, in the aggregate, of more NHTSA is amending 49 CFR parts 571 the April 8, 2005 final rule. than $112 million annually, but it is and 585 as follows: expected to result in an expenditure of H. National Technology Transfer and that magnitude by vehicle Advancement Act PART 571—FEDERAL MOTOR manufacturers and/or their suppliers. In VEHICLE SAFETY STANDARDS Section 12(d) of the National that final rule, NHTSA adopted a Technology Transfer and Advancement performance requirement for a system I 1. The authority citation for part 571 Act of 1995 (NTTAA), Public Law 104– with a four-tire, 25-percent under- of Title 49 continues to read as follows: 113 (15 U.S.C. 272), directs the agency inflation detection capability; we Authority: 49 U.S.C. 322, 30111, 30115, to evaluate and use voluntary consensus believe that this approach is consistent 30117, and 30166; delegation of authority at standards in its regulatory activities with safety and the mandate in the 49 CFR 1.50. unless doing so would be inconsistent TREAD Act, and it should provide a I with applicable law or is otherwise number of technological choices, 2. Section 571.138 is amended by impractical. Voluntary consensus thereby offering broad flexibility to revising paragraphs S4.3.1(b), S4.4(b)(2) standards are technical standards (e.g., minimize costs of compliance with the and (3), S4.4(c)(2), S4.5(a), S6(e), and materials specifications, test methods, standard. S6(k) to read as follows: sampling procedures, and business In contrast, the present final rule § 571.138 Standard No. 138; Tire pressure practices) that are developed or adopted responding to petitions for monitoring systems. by voluntary consensus standards reconsideration only makes technical * * * * * bodies, such as the Society of modifications and corrections to the S4.3 Low tire pressure warning Automotive Engineers. The NTTAA standard. Therefore, we do not believe telltale. directs us to provide Congress (through that this final rule will appreciably S4.3.1 * * * OMB) with explanations when we change the costs of compliance with * * * * * decide not to use available and FMVSS No. 138. Therefore, the agency (b) Is identified by one of the symbols applicable voluntary consensus has not prepared an economic shown for the ‘‘Low Tire Pressure’’ standards. The NTTAA does not apply assessment pursuant to the Unfunded Telltale in Table 1 of Standard No. 101 to symbols. Mandates Reform Act. (49 CFR 571.101); and There are no voluntary consensus J. National Environmental Policy Act standards related to TPMS available at * * * * * S4.4 TPMS malfunction. this time. However, NHTSA will NHTSA has analyzed this rulemaking consider any such standards as they action for the purposes of the National * * * * * become available. Environmental Policy Act. The agency (b) Dedicated TPMS malfunction has determined that implementation of telltale. *** I. Unfunded Mandates Reform Act this action will not have any significant * * * * * Section 202 of the Unfunded impact on the quality of the human (2) Is identified by the word ‘‘TPMS’’ Mandates Reform Act of 1995 (UMRA) environment. as described under the ‘‘Tire Pressure

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Monitoring System Malfunction’’ PART 585—PHASE-IN REPORTING 4,536 kilograms (10,000 pounds) or less Telltale in Table 1 of Standard No. 101 REQUIREMENTS that meet Standard No. 138 (49 CFR (49 CFR 571.101); 571.138). I 3. The authority citation for Part 585 (3) Continues to illuminate the TPMS * * * * * of Title 49 continues to read as follows: malfunction telltale under the Issued: August 31, 2005. Authority: 49 U.S.C. 322, 30111, 30115, conditions specified in S4.4(a) for as Jeffrey W. Runge, long as the malfunction exists, 30117, and 30166; delegation of authority at 49 CFR 1.50. Administrator. whenever the ignition locking system is [FR Doc. 05–17661 Filed 9–1–05; 10:32 am] in the ‘‘On’’ (‘‘Run’’) position; and I 4. Part 585 is amended by revising BILLING CODE 4910–59–P * * * * * 585.66(b)(1) and (2) of Subpart G as follows: (c) Combination low tire pressure/ TPMS malfunction telltale *** Subpart G—Tire Pressure Monitoring DEPARTMENT OF COMMERCE * * * * * System Phase-in Reporting Requirements National Oceanic and Atmospheric (2) When the ignition locking system Administration is activated to the ‘‘On’’ (‘‘Run’’) * * * * * position, flashes for a period of at least 50 CFR Part 679 60 seconds but no longer than 90 § 585.66 Reporting requirements. * * * * * [Docket No. 041126332–5039–02; I.D. seconds upon detection of any 082305C] condition(s) specified in S4.4(a). After (b) Report content. (1) Basis for this period of prescribed flashing, the statement of compliance. Each Fisheries of the Exclusive Economic telltale must remain continuously manufacturer must provide the number Zone Off Alaska; Atka Mackerel in the illuminated as long as a malfunction of passenger cars, multipurpose Bering Sea and Aleutian Islands exists and the ignition locking system is passenger vehicles, trucks, and buses Management Area in the ‘‘On’’ (‘‘Run’’) position. This with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, flashing and illumination sequence AGENCY: National Marine Fisheries except those vehicles with dual wheels must be repeated each time the ignition Service (NMFS), National Oceanic and on an axle, manufactured for sale in the locking system is placed in the ‘‘On’’ Atmospheric Administration (NOAA), United States for each reporting period (‘‘Run’’) position until the situation(s) Commerce. as follows: causing the malfunction(s) has (have) ACTION: Temporary rule; closures and (i) Period from October 5, 2005 to openings. been corrected. August 31, 2006. The number shall be S4.5 Written instructions. either the manufacturer’s average SUMMARY: NMFS is prohibiting directed (a) Beginning on September 1, 2006, annual production of vehicles fishing for Atka mackerel with gears the owner’s manual in each vehicle manufactured on or after September 1, other than jig in the Eastern Aleutian certified as complying with S4 must 2002, and before October 5, 2005, or, at District and the Bering Sea subarea of provide an image of the Low Tire the manufacturer’s option, it shall be the the Bering Sea and Aleutian Islands Pressure Telltale symbol (and an image manufacturer’s production on or after management area (BSAI). This action is of the TPMS Malfunction Telltale October 5, 2005 and before September 1, necessary to prevent exceeding the 2005 warning (‘‘TPMS’’), if a dedicated 2006. A new manufacturer that has not total allowable catch (TAC) of Atka telltale is utilized for this function) with previously manufactured these vehicles mackerel in these areas. NMFS is also the following statement in English: for sale in the United States must report announcing the opening and closure the number of such vehicles *** dates of the first and second directed manufactured during the production fisheries within the harvest limit area * * * * * period on or after October 5, 2005 and (HLA) in Statistical Areas 542 and 543. S6 Test procedures. before September 1, 2006. These actions are necessary to prevent * * * * * (ii) Period from September 1, 2006 to exceeding the HLA limits established August 31, 2007. The number shall be for the Central (area 542) and Western (e) Stop the vehicle and deflate any either the manufacturer’s average (area 543) Aleutian Districts pursuant to combination of one to four tires until annual production of vehicles the 2005 Atka mackerel TAC. the deflated tire(s) is (are) at 7 kPa (1 manufactured on or after September 1, DATES: The effective dates are provided psi) below the inflation pressure at 2003, and before September 1, 2006, or, in Table 1 under the SUPPLEMENTARY which the tire pressure monitoring at the manufacturer’s option, it shall be INFORMATION section of this temporary system is required to illuminate the low the manufacturer’s production on or action. tire pressure warning telltale. after September 1, 2006 and before * * * * * September 1, 2007. A new manufacturer FOR FURTHER INFORMATION CONTACT: Josh that has not previously manufactured Keaton, 907–586–7228. (k) Simulate one or more TPMS these vehicles for sale in the United SUPPLEMENTARY INFORMATION: NMFS malfunction(s) by disconnecting the States must report the number of such manages the groundfish fishery in the power source to any TPMS component, vehicles manufactured during the BSAI exclusive economic zone disconnecting any electrical connection production period on or after September according to the Fishery Management between TPMS components, or 1, 2006 and before September 1, 2007. Plan for Groundfish of the Bering Sea installing a tire or wheel on the vehicle (2) Production. Each manufacturer and Aleutian Islands Management Area that is incompatible with the TPMS. must report for the production period (FMP) prepared by the North Pacific When simulating a TPMS malfunction, for which the report is filed: the total Fishery Management Council under the electrical connections for the telltale number of passenger cars, multipurpose authority of the Magnuson-Stevens lamps are not to be disconnected. passenger vehicles, trucks, and buses Fishery Conservation and Management * * * * * with a gross vehicle weight rating of Act. Regulations governing fishing by

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U.S. vessels in accordance with the FMP Eastern Aleutian District and the Bering Administrator is opening the first appear at subpart H of 50 CFR part 600 Sea subarea will be necessary as directed fisheries for Atka mackerel and 50 CFR part 679. incidental catch to support other within the HLA in areas 542 and 543, The 2005 TAC of Atka mackerel anticipated groundfish fisheries. 48 hours after the closure of the Eastern specified for other gear in the Eastern Therefore, the Regional Administrator is Aleutian District and the Bering Sea Aleutian District and the Bering Sea establishing a directed fishing subarea Atka mackerel directed fishery. subarea was established as 6,868 metric allowance of 6,518 mt. In accordance The Regional Administrator has tons (mt) by the 2005 and 2006 final with § 679.20(d)(1)(iii), the Regional established the opening date for the harvest specifications for groundfish in Administrator finds that this directed second HLA directed fisheries as 48 the BSAI (70 FR 8979, February 24, fishing allowance has been reached. hours after the last closure of the first 2005). See § 679.20(a)(8)(ii) and Consequently, NMFS is prohibiting HLA fisheries in either 542 or 543. (c)(3)(iii). directed fishing for Atka mackerel TAC Consequently, NMFS is opening and In accordance with § 679.20(d)(1)(i), by vessels using other gear in the the Administrator, Alaska Region, Eastern Aleutian District and the Bering closing directed fishing for Atka NMFS (Regional Administrator), has Sea subarea. mackerel in the HLA of areas 542 and determined that 350 mt of the 2005 Atka In accordance with 543 in accordance with the periods mackerel TAC for other gear in the § 679.20(a)(8)(iii)(C), the Regional listed under Table 1 of this notice.

TABLE 1. EFFECTIVE DATES AND TIMES

Effective Dates* Action Area From To

Closing Atka Mackerel with gears Eastern Aleutian District and the 1200 hrs, September 2, 2005 2400 hrs, December 31, 2005 other than jig Bering Sea subarea

Opening the first directed fishery 542 1200 hrs, September 4, 2005 1200 hrs, September 12, 2005 in the HLA

543 1200 hrs, September 4, 2005 1200 hrs, September 11, 2005

Opening the second directed fish- 542 1200 hrs, September 14, 2005 1200 hrs, September 22, 2005 ery in the HLA

543 1200 hrs, September 14, 2005 1200 hrs, September 21, 2005 *Alaska local time

In accordance with § 679.20(a)(8)(iii), established the closure dates of the Atka the Eastern Aleutian District and the vessels using trawl gear for directed mackerel directed fisheries in the HLA Bering Sea subarea and the opening and fishing for Atka mackerel have for areas 542 and 543 based on the closures of the fisheries for the HLA previously registered with NMFS to fish amount of the harvest limit and the limits established for the area 542 and in the HLA fisheries in areas 542 and/ estimated fishing capacity of the vessels area 543 pursuant to the 2005 Atka or 543. NMFS has randomly assigned assigned to the respective fisheries. mackerel TAC. NMFS was unable to each vessel to the directed fishery or Consequently, NMFS is prohibiting publish a notice providing time for fisheries for which they have registered. directed fishing for Atka mackerel in the public comment because the most NMFS has notified each vessel owner as HLA of areas 542 and 543 in accordance recent, relevant data only became to which fishery each vessel has been with the dates and times listed in Table available as of August 15, 2005. The AA assigned by NMFS. (70 FR 49197, 1 of this notice. also finds good cause to waive the 30- August 23, 2005). Classification day delay in the effective date of this In accordance with action under 5 U.S.C. 553(d)(3). This § 679.20(a)(8)(ii)(C)(1), the HLA limits of This action responds to the best finding is based upon the reasons the 2005 TACs in areas 542 and 543 are available information recently obtained provided above for waiver of prior 9,851 mt and 5,550 mt, respectively. from the fishery. The Assistant notice and opportunity for public Based on those limits and the Administrator for Fisheries, NOAA, comment. proportion of the number of vessels in (AA) finds good cause to waive the This action is required by § 679.20 each fishery compared to the total requirement to provide prior notice and and is exempt from review under number of vessels participating in the opportunity for public comment HLA directed fishery for area 542 or pursuant to the authority set forth at 5 Executive Order 12866. 543, the harvest limit for each HLA U.S.C. 553(b)(B) and 50 CFR Authority: 16 U.S.C. 1801 et seq. directed fishery in areas 542 and 543 are 679.20(b)(3)(iii)(A) as such a Dated: August 31, 2005. as follows: for the first directed fishery requirement is impracticable and Emily Menashes, in area 542, 4,926 mt; for the first contrary to the public interest. This directed fishery in area 543, 2,775 mt; requirement is impracticable and Acting Director, Office of Sustainable for the second directed fishery in area contrary to the public interest as it Fisheries, National Marine Fisheries Service. 542, 4,925 mt; and for the second would prevent NMFS from responding [FR Doc. 05–17712 Filed 9–1–05; 2:08 pm] directed fishery in area 543, 2,775 mt. to the most recent fisheries data in a BILLING CODE 3510–22–S In accordance with § 679.20(a)(8)(iii)(E), timely fashion and would delay the the Regional Administrator has closure of the Atka mackerel fishery in

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Proposed Rules Federal Register Vol. 70, No. 172

Wednesday, September 7, 2005

This section of the FEDERAL REGISTER Federal eRulemaking Portal: Go to only processing facilities to have closed contains notices to the public of the proposed http://www.regulations.gov. Follow the have been cane processing facilities in issuance of rules and regulations. The online instructions for submitting Louisiana. The procedure used then to purpose of these notices is to give interested comments. transfer allocations, while not explicit persons an opportunity to participate in the Comments may be inspected in the in the sugar program regulations, rule making prior to the adoption of the final rules. Office of the Director, DSAG, FSA, reflected the two main components of USDA, Room 3752–S South Building, the cane marketing allocation formula, Washington, DC, between 8 a.m. and (1) past production history, which is a DEPARTMENT OF AGRICULTURE 4:30 p.m. Monday through Friday, fixed value, and (2) current year except holidays. A copy of this production, known as the ‘‘ability to Commodity Credit Corporation proposed rule is available on the DSAG market,’’ a value that changed from year Web site at http://www.fsa.usda.gov/ao/ to year. CCC published an amendment 7 CFR Part 1435 epas/dsa.htm. to the regulations on September 13, RIN 0560–AH37 FOR FURTHER INFORMATION CONTACT: 2004 (69 FR 35061), which fixed the Barbara Fecso at (202) 720–4146, or via ‘‘ability to market’’ factor in the Transfer of Sugar Program Marketing e-mail at [email protected]. allocation formula for each mainland Allocations Persons with disabilities who require cane State and cane processor until the alternative means for communication program expires in 2008, under the 2002 AGENCY: Commodity Credit Corporation, (Braille, large print, audiotape, etc.) Act. The other components of the USDA. should contact the USDA Target Center mainland cane marketing allocation ACTION: Proposed rule. at (202) 720–2600 (voice and TDD). formulas were already fixed on the basis of historical production. SUMMARY: The Commodity Credit SUPPLEMENTARY INFORMATION: When two Louisiana mills announced Corporation (CCC) proposes several Background changes to the sugar program they would not reopen for the 2005 regulations. First, CCC proposes to Annually, CCC establishes sugar crop, issues arose such as whether to amend the regulations for transferring marketing allotments at a level allow growers with production history sugar marketing allocation when a mill estimated to prevent sugar loan at the closed mill to petition if they had closes and growers request to move their collateral forfeitures to CCC. CCC not delivered cane to the mill in the allocation. establishes the overall allotment preceding year. There was also debate Second, CCC proposes imposing a quantity, beet sugar and cane sugar over which years to consider in the regulatory deadline for the program’s allotments, State cane sugar allotments, transfer formula, given that the ‘‘ability information reporting requirements. The and marketing allocations for processors to market’’ change to the regulation had required monthly information would be marketing sugar domestically processed added more crop years in the allocation due on the 20th of each month. from sugar beets and domestically- formula. In the end, CCC and successor Third, CCC proposes to amend the produced sugarcane. If a processing mill mills were able to negotiate transfer requirements for the maintenance and closes, growers who delivered sugar shares that satisfied all parties. CCC inspection of records to require each beets or sugarcane to that mill may considered allowing successor mills the cane processor, cane refiner and beet request a transfer of a portion of the opportunity to negotiate a distribution processor to provide an annual report by closed mill’s marketing allocation to of allocation from the closed mill in the a Certified Public Accountant (CPA) that another mill that reflects their proposed rule. However, no mill can be verifies the company’s data submitted to production history at the closed mill. expected to take less than it would CCC. CCC proposes to amend the under a formula, so CCC did not DATES: Comments on this rule must be regulations at 7 CFR 1435.308 to propose that option under this proposed submitted by November 7, 2005 to be provide for an orderly and transparent rule. While the closure of cane mills assured consideration. method of distributing allocation to precipitated this proposed rule, it ADDRESSES: The Farm Service Agency successor mills after growers have applies to all beet and cane processors. (FSA) invites interested persons to petitioned the Executive Vice President, The second change CCC proposes is to submit comments on this proposed rule. CCC, to transfer allocation when their include a due date in the information Comments may be submitted by any of mill closes. CCC is proposing to use a reporting provisions in 7 CFR 1435.200. the following methods: formula to distribute the closed mill’s This section requires every sugar beet E-mail: Send comments to allocation that will calculate grower processor, sugarcane processor, cane [email protected]. shares based on the grower’s sugar refiner, and importer of sugar, Mail: Submit comments to: Director, contribution to the mill’s allocation. syrup, and molasses to report to CCC, on Dairy and Sweeteners Analysis Group Since the formula that determines a a monthly basis, information necessary (DSAG), FSA, United States Department mill’s allocation is different in the beet to administer the sugar programs. CCC of Agriculture (USDA), STOP 0516, sector and among the cane states, the established an informal reporting due 1400 Independence Avenue, SW., formula CCC will use to transfer date of the 20th of each month in 1991, Washington, DC 20250–0516. allocation of closed mills will reflect which would be incorporated in the Fax: Submit comments by facsimile these differences. regulations. The chronic lateness of transmission to (202) 690–1480. Since the enactment of the Farm some reporters in recent times has Hand Delivery or Courier: Deliver Security and Rural Investment Act of delayed processing and analysis of all comments to the above address. 2002 (2002 Act), (Pub. L. 107–171), the data, which is detrimental to the sound

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administration of the Sugar Program. regulations of the Council on Accordingly, these regulations and the The civil penalties provisions in section Environmental Quality (40 CFR parts forms and other information collection 156h(4) of the Federal Agriculture 1500–1508), and regulations of the Farm activities needed to administer the Improvement and Reform Act of 1996, Service Agency (FSA) of the Department provisions authorized by these as amended (7 U.S.C. 7272(h)(4)) and 7 of Agriculture (USDA) for compliance regulations are not subject to review by CFR 1435.201 allow CCC to assess a with NEPA, 7 CFR part 799. An the Office of Management and Budget civil penalty of no more than $10,000 to environmental evaluation was under the Paperwork Reduction Act. reporters who willfully fail or refuse to completed and the proposed action has Government Paperwork Elimination furnish the information, or who been determined not to have the Act willfully furnish false data. CCC will potential to significantly impact the consider a reporter to have willfully quality of the human environment and CCC is committed to compliance with failed to provide the information and no environmental assessment or the Government Paperwork Elimination subject to penalty, if CCC does not environmental impact statement is Act (GPEA) and the Freedom to E-File receive the data by the 20th of the necessary. A copy of the environmental Act, which require Government month. evaluation is available for inspection agencies in general, and the FSA in The final proposal would require each and review upon request. particular, to provide the public the reporting entity to have an independent option of submitting information or third party verify each company’s data Executive Order 12988 transacting business electronically to submitted to CCC. CCC will require an This rule has been reviewed in the maximum extent possible. Because Agreed-upon Procedures engagement, accordance with Executive Order 12988, of the nature of the forms and other conducted by an independent Certified Civil Justice Reform. In accordance with information collection activities Public Accountant (CPA), to analyze the this Executive Order: (1) All State and required for this program, they are not company data annually. The provisions local laws and regulations that are in fully implemented in a way that would of 7 CFR 1435.3, Maintenance and conflict with this rule will be allow the public to conduct business inspection of records give CCC, as well preempted; (2) no retroactive effect will with CCC electronically. Accordingly, at as any other U.S. Government agency, be given to this rule; and (3) this time, all forms and information the right of access to the premises of any administrative proceedings in required to be submitted under this rule sugar beet processor, sugarcane accordance with 7 CFR part 11 must be may be submitted to CCC by mail or processor, cane sugar refiner, importer exhausted before seeking judicial FAX. of sugars, syrups, and molasses, or of review. List of Subjects in 7 CFR Part 1435 any other person having custody of Executive Order 12372 records that the examining agency Loan programs—agriculture, Price deems necessary to verify compliance This program is not subject to support programs, Reporting and with this part’s requirements. Since this Executive Order 12372, which requires Recordkeeping requirements, and Sugar. information is necessary to determine intergovernmental consultation with Accordingly, 7 CFR part 1435 is whether a processor is in compliance State and local officials. See the notice proposed to be amended as follows: with sugar marketing allotment program related to 7 CFR part 3015, subpart V, requirements, CCC proposes to require published at 48 FR 29115 (June 24, PART 1435—SUGAR PROGRAM that an independent CPA conduct a 1983). 1. The authority citation continues to yearly agreed-upon procedures Unfunded Mandates Reform Act of read as follows: engagement of each reporter to validate 1995 Authority: 7 U.S.C. 1359aa—1359jj and their materials balance. CCC will 7272 et seq.; 15 U.S.C. 714b and 714c. provide the procedures to be followed This rule contains no Federal by each independent CPA. mandates, as defined under title II of the 2. In § 1435.200 revise paragraph (a), UMRA, for State, local, and tribal redesignate paragraph (g) as paragraph Executive Order 12866 governments or the private sector. Thus, (h), and add new paragraph (g) to read This rule has been determined to be this rule is not subject to the as follows: not significant under Executive Order requirements of sections 202 and 205 of § 1435.200 Information reporting. 12866 and has not been reviewed by the UMRA. (a) Every sugar beet processor, Office of Management and Budget. Executive Order 13132 sugarcane processor, cane sugar refiner, Regulatory Flexibility Act The policies contained in this rule do and importer of sugar, syrup, and The requirements of the Regulatory not have any substantial direct effect on molasses shall report, by the 20th of Flexibility Act (5 U.S.C. 601—602) do States, on the relationship between the each month, on CCC-required forms, its not apply to this rule because CCC is not national government and the States, or imports and receipts, processing inputs, required to publish a notice of proposed on the distribution of power and production, distribution, stocks and rulemaking for the subject of this rule. responsibilities among the various other information necessary to Nonetheless, CCC has determined that levels of government. Nor does this rule administer the sugar programs. If the this rule will not have a significant impose substantial direct compliance 20th of the month falls on a weekend or economic impact on a substantial costs on State and local governments. a Federal holiday, the report shall be number of small entities and a Therefore, consultation with the States made by the next business day. Regulatory Flexibility Analysis was not is not required. * * * * * performed. (g) By November 20 of each year, each Paperwork Reduction Act sugar beet processor, sugarcane Environmental Assessment Under 7 U.S.C 7991(c)(2)(A) these processor, sugarcane refiner, and The environmental impacts of this regulations may be promulgated and the importer of sugars, syrups, and molasses rule have been considered under the program administered without regard to will submit to CCC a report, as specified National Environmental Policy Act of chapter 5 of title 44 of the United States by CCC, from an independent Certified 1969 (NEPA), 42 U.S.C. 4321 et seq., the Code (the Paperwork Reduction Act). Public Accountant that reviews its

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information submitted to CCC during unwarranted burden, and will identify rulemaking and such other actions as the previous October 1 through possible revisions where such the Director determines to be September 30 period. conditions are found. OFHEO is seeking appropriate to oversee the activities and * * * * * public comment on its regulations for operations of Freddie Mac and Fannie 3. Revise § 1435.308(a) to read as consideration in the regulatory review. Mae (the Enterprises). In the course of follows: DATES: Written comments on this Notice exercising such authority, the Director must be received no later than has promulgated regulations and issued § 1435.308 Transfer of allocation, new November 7, 2005. For additional guidelines and supervisory policies. entrants. information, see SUPPLEMENTARY OFHEO’s Policy Guidance (a) If a sugar beet or sugarcane INFORMATION. processing facility is closed and the growers that delivered their crops to the ADDRESSES: You may submit your http://www.ofheo.gov/ closed facility elect to deliver their comments to this Notice by any of the News.asp?formmode=Regulations following methods: creates a process for routine review and, crops to another processor, the growers • may petition the Executive Vice U.S. Mail, United Parcel Post, where appropriate, revision of President, CCC, to transfer their share of Federal Express, or Other Mail Service: regulations by OFHEO. Such a process the allocation from the processor that The mailing address for comments is: provides for planned reviews of the closed the facility to their new David A. Felt, Acting General Counsel, regulatory infrastructure and for processor. If CCC determines to transfer Attention: Comments/Notice of considering information under uniform the allocations, it will distribute the Regulatory Review, Office of Federal criteria that assists in determinations of closed mill’s allocation based on the Housing Enterprise Oversight, Fourth whether an unnecessary burden exists. contribution of the growers’ production Floor, 1700 G Street, NW., Washington, Once a review is completed, the history to the closed mill’s allocation. DC 20552. Director will determine what steps may • Hand Delivery/Courier: The hand CCC may grant the allocation transfer be necessary to relieve any unnecessary delivery address is: David A. Felt, upon: burden, including amendment to or (1) Written request by a grower to Acting General Counsel, Attention: repeal of existing regulations or transfer allocation, Comments/Notice of Regulatory Review, issuance of less formal guidance. Office of Federal Housing Enterprise (2) Written approval of the processing The General Counsel, as the OFHEO company that will accept the additional Oversight, Fourth Floor, 1700 G Street, NW., Washington, DC 20552. The Regulatory Policy Officer, is charged deliveries, and with undertaking the regulatory review (3) Evidence satisfactory to CCC that package should be logged at the Guard Desk, First Floor, between 9 a.m. and 5 and reporting findings and the new processor has the capacity to recommendations to the Director. The accommodate the production of p.m. on business days. • review process will be conducted by the petitioning growers. E-mail: Comments to David A. Felt, Acting General Counsel, may be sent by Office of General Counsel, under the * * * * * e-mail at [email protected]. direction of the General Counsel, and Signed in Washington, DC, on August 18, Please include the title, Notice of will include internal consultation with 2005. Regulatory Review, in the subject line of other OFHEO offices and staff, guidance James R. Little, the message. provided by the Director, as well as Executive Vice President, Commodity Credit Instructions: OFHEO requests that consideration of public comments. A Corporation. comments to this Notice include a review and report of findings and [FR Doc. 05–17684 Filed 9–6–05; 8:45 am] reference to the title, Notice of recommendations will be provided to BILLING CODE 3410–05–P Regulatory Review. OFHEO further the Director on a timely basis. The requests that comments submitted in report of findings and recommendations hard copy also be accompanied by the will be privileged and confidential. DEPARTMENT OF HOUSING AND electronic version in Microsoft() Word Notably, the regulatory review to be URBAN DEVELOPMENT or in portable document format (PDF) conducted by the Office of the General on 3.5″ disk. Please see the section, Counsel under the Policy Guidance is Office of Federal Housing Enterprise SUPPLEMENTARY INFORMATION, below, for not a formal or informal rulemaking Oversight additional information on the posting proceeding under the Administrative and viewing of comments. Procedure Act and creates no right of 12 CFR Chap. XVII FOR FURTHER INFORMATION CONTACT: action against OFHEO. Moreover, the David A. Felt, Acting General Counsel, determination of OFHEO to conduct or Notice of Regulatory Review telephone (202) 414–3750 (not a toll-free not to conduct a review of a regulation and any determination, finding, or AGENCY: Office of Federal Housing number); or Tina Dion, Associate recommendation resulting from any Enterprise Oversight, HUD. General Counsel, telephone (202) 414– review under the Policy Guidance are ACTION: Request for comments. 3838 (not a toll-free number); Office of Federal Housing Enterprise Oversight, not final agency actions and, as such, SUMMARY: The Office of Federal Housing Fourth Floor, 1700 G Street, NW., are not subject to judicial review. Enterprise Oversight (OFHEO) is issuing Washington, DC 20552. The telephone Regulations Under Review; Criteria notice of a regulatory review that will be number for the Telecommunications conducted in accordance with the Device for the Deaf is (800) 877–8339. The regulations of OFHEO that are process set forth in OFHEO Policy SUPPLEMENTARY INFORMATION: subject to the regulatory review Guidance titled, ‘‘Regulatory Review,’’ described in this Notice are codified in which was issued on April 2, 2001 (Doc. Background Title 12, Chapter XVII, Subchapters A, #: PG–01–001) (Policy Guidance). The Federal Housing Enterprises C, and D, Parts 1700–1780 of the Code OFHEO will review its regulations to Safety and Soundness Act of 1992, Title of Federal Regulations (CFR). The consider whether existing regulations XIII of Pub. L. 102–550, empowers the regulations are listed in the CFR as have become inefficient or create Director of OFHEO to undertake follows:

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Subchapter A—OFHEO Organization and regulatory requirements would facilitate certain Boeing Model 767–200 and –300 Functions compliance or supervision; series airplanes. This proposed AD Part (ii) A demonstration of a better would require replacing the placards on 1700—Organization and functions alternative method to effect a regulatory certain stowage bins with new placards, 1701—Assessments purpose or requirement supported by installing partial dividers in certain 1702 Implementation of The Privacy Act of compelling evidence of significantly other stowage bins, and installing straps 1974 less intrusive means or of a substantially on stowage bins containing life rafts. For 1703—Release of information more efficient method of accomplishing 1704 Debt collection certain airplanes, this proposed AD 1705 Implementation of the Equal Access to the same supervisory purpose; and would also require related concurrent Justice Act (iii) Such other factors as determined actions. This proposed AD results from by the Director to be relevant to test data indicating that outboard Subchapter B—[Reserved] determining and evaluating the need overhead stowage bins are unable to Subchapter C—Safety and Soundness for, appropriateness of, and withstand the 4.5g down-load standard 1710—Corporate governance effectiveness of a particular regulation. intended to protect passengers during 1720—Safety and soundness Request for Comments flight turbulence or a hard landing. We 1730—Disclosure of financial and other are proposing this AD to prevent the information The Office of the General Counsel stowage bins from opening during flight 1731—Mortgage Fraud Reporting invites comments on all aspects of the turbulence or a hard landing, which 1750—Capital proposed regulatory review, including could result in the contents of the 1770—Executive compensation legal and policy considerations, and stowage bins falling onto the passenger 1773—Flood insurance will take all comments into 1777—Prompt corrective action seats below and injuring passengers, or consideration before issuing its report of blocking the aisles, impeding the Subchapter D—Rules of Practice and findings and recommendations to the evacuation of passengers in an Procedure Director. The comment period has been emergency. 1780—Rules of Practice and Procedure set at 60 days to afford ample DATES: opportunity for comment. We must receive comments on In addition to being found in the CFR, All comments received will be posted this proposed AD by October 24, 2005. the regulations (as well as the Policy without change to http:// ADDRESSES: Use one of the following Guidance referenced in this Notice) are www.ofheo.gov, including any personal addresses to submit comments on this available on the OFHEO Web site, proposed AD. information provided. Copies of all • http://www.ofheo.gov, by clicking on the comments received will be available for DOT Docket Web site: Go to http:// ‘‘Regulations and Policy Guidance’’ inspection by the public on business dms.dot.gov and follow the instructions category on the left side of the Web days between the hours of 10 a.m. and for sending your comments page. 3 p.m., at the Office of Federal Housing electronically. Under the review process set forth in • Enterprise Oversight, Fourth Floor, 1700 Government-wide rulemaking Web the Policy Guidance, criteria that may G Street NW., Washington, DC 20552. site: Go to http://www.regulations.gov be used in the review of the existence To make an appointment to inspect and follow the instructions for sending of regulatory inefficiency or burden are comments, please call the Office of your comments electronically. as follows: • Mail: Docket Management Facility, General Counsel at (202) 414–6924. (i) Legal or regulatory developments, U.S. Department of Transportation, 400 including new laws, executive orders or Dated: August 30, 2005. Seventh Street SW., Nassif Building, judicial decisions that have been Stephen A. Blumenthal, Room PL–401, Washington, DC 20590. adopted since the promulgation of a Acting Director, Office of Federal Housing • Fax: (202) 493–2251. regulation that make such regulation Enterprise Oversight. • Hand Delivery: Room PL–401 on inefficient, obsolete, contrary to [FR Doc. 05–17656 Filed 9–6–05; 8:45 am] the plaza level of the Nassif Building, controlling legal precedent or unduly BILLING CODE 4220–01–P 400 Seventh Street SW., Washington, burdensome; DC, between 9 a.m. and 5 p.m., Monday (ii) Application by an Enterprise for through Friday, except Federal holidays. revision of a regulation, because of DEPARTMENT OF TRANSPORTATION Contact Boeing Commercial reasonably discernible regulatory Airplanes, P.O. Box 3707, Seattle, burden or inefficiency; Federal Aviation Administration Washington 98124–2207 for the service (iii) Marketplace developments, information identified in this proposed technological evolution and related 14 CFR Part 39 AD. FOR FURTHER INFORMATION CONTACT: changes that may have rendered an [Docket No. FAA–2005–22321; Directorate existing regulation, in whole or in part, Identifier 2005–NM–123–AD] Patrick Gillespie, Aerospace Engineer, inefficient, outmoded or outdated; and Cabin Safety and Environmental (iv) Such other occurrences or RIN 2120–AA64 Systems Branch, ANM–150S, FAA, developments as determined by the Seattle Aircraft Certification Office, Airworthiness Directives; Boeing Director or General Counsel to be 1601 Lind Avenue, SW., Renton, Model 767–200 and –300 Series relevant to a review for inefficiency or Washington 98055–4056; telephone Airplanes unwarranted regulatory burden. (425) 917–6429; fax (425) 917–6590. Among other factors that may be AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: considered in reviewing possible Administration (FAA), Department of Comments Invited inefficiency or unwarranted regulatory Transportation (DOT). burden are the following: ACTION: Notice of proposed rulemaking We invite you to submit any relevant (i) Compelling evidence that a (NPRM). written data, views, or arguments consolidation of two or more regarding this proposed AD. Include the regulations, elimination of a duplicative SUMMARY: The FAA proposes to adopt a docket number ‘‘ FAA–2005–22321; regulation, or other revision to new airworthiness directive (AD) for Directorate Identifier 2005–NM–123–

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AD’’ at the beginning of your comments. standard intended to protect passengers FAA’s Determination and Requirements We specifically invite comments on the during flight turbulence or a hard of the Proposed AD overall regulatory, economic, landing. The affected airplanes are environmental, and energy aspects of certain Boeing Model 767–200 and –300 We have evaluated all pertinent the proposed AD. We will consider all series airplanes. Under the 4.5g down- information and identified an unsafe comments received by the closing date load condition, the threshold deflection condition that is likely to exist or and may amend the proposed AD in of the stowage bins is too large and develop on other airplanes of this same light of those comments. compromises the engagement of the type design. For this reason, we are We will post all comments we doors. This condition, if not corrected, proposing this AD, which would require receive, without change, to http:// could result in the stowage bins opening accomplishing the actions specified in dms.dot.gov, including any personal during flight turbulence or a hard the service information described information you provide. We will also landing, which could result in the previously. post a report summarizing each contents of the stowage bins falling onto Clarification of Compliance Time for substantive verbal contact with FAA the passenger seats below and injuring the Modifications personnel concerning this proposed AD. passengers, or blocking the aisles, Using the search function of that impeding the evacuation of passengers Boeing Special Attention Service website, anyone can find and read the in an emergency. Bulletin 767–25–0336, Revision 2, comments in any of our dockets, Relevant Service Information specifies that it is not necessary to including the name of the individual modify all of the stowage bins at one who sent the comment (or signed the We have reviewed Boeing Special time, provided the modification of an comment on behalf of an association, Attention Service Bulletin 767–25– individual bin is completed prior to the business, labor union, etc.). You may 0336, Revision 2, dated August 11, airplane returning to service. We agree review DOT’s complete Privacy Act 2005. The service bulletin describes with this statement, but want to clarify Statement in the Federal Register procedures for replacing the placards on that the modification of all affected published on April 11, 2000 (65 FR certain stowage bins with new placards, stowage bins must be completed within 19477–78), or you may visit http:// installing partial dividers in certain 60 months after the effective date of the dms.dot.gov. other stowage bins, and installing straps proposed AD. In developing an on stowage bins containing life rafts. appropriate compliance time for this Examining the Docket Although Revision 2 states that the AD, we considered not only the You may examine the AD docket on original issue of Service Bulletin 767– manufacturer’s recommendation, but the Internet at http://dms.dot.gov, or in 25–0336 is dated September 18, 2003, the degree of urgency associated with person at the Docket Management the date that appears on that document addressing the subject unsafe condition, Facility office between 9 a.m. and 5 is May 15, 2003. and the time necessary to perform the p.m., Monday through Friday, except For certain airplanes, Service Bulletin modifications. We have determined that Federal holidays. The Docket 767–25–0336, Revision 2, specifies prior a 60-month compliance time is an Management Facility office (telephone or concurrent accomplishment of appropriate interval of time for affected (800) 647–5227) is located on the plaza Boeing Service Bulletin 767–25–0211, airplanes to continue to operate without level of the Nassif Building at the DOT Revision 1, dated July 14, 1994. Service compromising safety. We have street address stated in the ADDRESSES Bulletin 767–25–0211, Revision 1, coordinated this compliance time with section. Comments will be available in describes procedures for replacing the Boeing. the AD docket shortly after the Docket door latches, strikes, and thresholds on Management System receives them. the outboard overhead stowage Costs of Compliance compartments with new, improved Discussion latches, strikes, and thresholds. There are about 366 airplanes of the We have received test data from the Accomplishing the actions specified affected design in the worldwide fleet. manufacturer indicating that the in the service information is intended to The following tables provide the outboard overhead stowage bins are adequately address the unsafe estimated costs for U.S. operators to unable to withstand the 4.5g down-load condition. comply with this proposed AD.

ESTIMATED COSTS

Number of Action Work hours per kit Average labor Cost of parts kit per Cost per airplane U.S.-registered Fleet cost rate per hour airplane airplanes

Installation of plac- Between 46 and 74 $65 Between $26,700 Between $29,690 138 Between ards, dividers, and $44,196. and $49,006. $4,097,220 and and straps. $6,762,828.

ESTIMATED COSTS OF CONCURRENT SERVICE BULLETIN

Number of Action Work hours Average labor Parts Cost per airplane U.S.-registered Fleet cost rate per hour airplanes

Installation of new Between 24 and 31 $65 Between $7,000 Between $8,560 105 Between $898,800 door latches, and $70,000. and $72,015. and $7,561,575. strikes, and thresholds.

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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. this AD before the effective date of this AD in accordance with Boeing Special Attention Title 49 of the United States Code § 39.13 [Amended] Service Bulletin 767–25–0336, dated May 15, specifies the FAA’s authority to issue 2. The Federal Aviation 2003; or Revision 1, dated October 21, 2004; rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 is considered acceptable for compliance with section 106, describes the authority of by adding the following new the corresponding modifications specified in the FAA Administrator. Subtitle VII, airworthiness directive (AD): this AD. Aviation Programs, describes in more Boeing: Docket No. FAA–2005–22321; Parts Installation detail the scope of the Agency’s Directorate Identifier 2005–NM–123–AD. authority. (i) As of the effective date of this AD, no Comments Due Date person may install on any airplane a stowage We are issuing this rulemaking under bin having a part number identified in Table the authority described in subtitle VII, (a) The FAA must receive comments on 2 of Figure 1 of Boeing Special Attention part A, subpart III, section 44701, this AD action by October 24, 2005. Service Bulletin 767–25–0336, Revision 2, ‘‘General requirements.’’ Under that Affected ADs dated August 11, 2005, unless it has been modified by performing the applicable section, Congress charges the FAA with (b) None. promoting safe flight of civil aircraft in actions in paragraph (f) of this AD. Applicability air commerce by prescribing regulations Alternative Methods of Compliance for practices, methods, and procedures (c) This AD applies to certain Boeing (AMOCs) the Administrator finds necessary for Model 767–200 and –300 series airplanes, as identified in Boeing Special Attention (j) The Manager, Seattle Aircraft safety in air commerce. This regulation Certification Office, FAA, has the authority to is within the scope of that authority Service Bulletin 767–25–0336, Revision 2, dated August 11, 2005; certificated in any approve AMOCs for this AD, if requested in because it addresses an unsafe condition category. accordance with the procedures found in 14 that is likely to exist or develop on CFR 39.19. Unsafe Condition products identified in this rulemaking Issued in Renton, Washington, on August action. (d) This AD results from test data 24, 2005. indicating that outboard overhead stowage Ali Bahrami, Regulatory Findings bins are unable to withstand the 4.5g down- load standard intended to protect passengers Manager, Transport Airplane Directorate, We have determined that this Aircraft Certification Service. proposed AD would not have federalism during flight turbulence or a hard landing. We are issuing this AD to prevent the [FR Doc. 05–17670 Filed 9–6–05; 8:45 am] implications under Executive Order stowage bins from opening during flight BILLING CODE 4910–13–P 13132. This proposed AD would not turbulence or a hard landing, which could have a substantial direct effect on the result in the contents of the stowage bins States, on the relationship between the falling onto the passenger seats below and DEPARTMENT OF TRANSPORTATION National Government and the States, or injuring passengers, or blocking the aisles, on the distribution of power and impeding the evacuation of passengers in an Office of the Secretary responsibilities among the various emergency. levels of government. Compliance 14 CFR Part 382 For the reasons discussed above, I (e) You are responsible for having the certify that the proposed regulation: actions required by this AD performed within [Docket No. OST–2005–22298] 1. Is not a ‘‘significant regulatory the compliance times specified, unless the action’’ under Executive Order 12866; actions have already been done. RIN 2105–AC29 2. Is not a ‘‘significant rule’’ under the Replacement of Placards and Installation of Nondiscrimination on the Basis of DOT Regulatory Policies and Procedures Partial Divider Panels and Life Raft Straps Disability in Air Travel—Medical (44 FR 11034, February 26, 1979); and (f) Within 60 months after the effective Oxygen and Portable Respiration 3. Will not have a significant date of this AD: Replace the placards on Assistive Devices economic impact, positive or negative, certain stowage bins with new placards, on a substantial number of small entities install partial dividers in certain other AGENCY: Office of the Secretary (OST), under the criteria of the Regulatory stowage bins, and install straps on stowage U.S. Department of Transportation Flexibility Act. bins containing life rafts, in accordance with (DOT). We prepared a regulatory evaluation the Accomplishment Instructions of Boeing ACTION: Notice of proposed rulemaking of the estimated costs to comply with Special Attention Service Bulletin 767–25– 0336, Revision 2, dated August 11, 2005. (NPRM). this proposed AD. See the ADDRESSES section for a location to examine the Actions Required To Be Accomplished Prior SUMMARY: The Department of regulatory evaluation. to or Concurrently With Paragraph (f) of Transportation proposes to amend its This AD List of Subjects in 14 CFR Part 39 rules implementing the Air Carrier (g) For Group 1 airplanes as identified in Access Act of 1986, 14 CFR part 382, to Air transportation, Aircraft, Aviation Boeing Special Attention Service Bulletin provide greater accommodations in air safety, Safety. 767–25–0336, Revision 2, dated August 11, 2005: Prior to or concurrently with the travel for persons with respiratory The Proposed Amendment accomplishment of paragraph (f) of this AD, disabilities. This notice of proposed rulemaking (NPRM) applies to U.S. air Accordingly, under the authority replace the door latches, strikes, and thresholds on the outboard overhead stowage carriers and foreign air carriers delegated to me by the Administrator, compartments with new latches, strikes, and operating flights in, to and from the U.S. the FAA proposes to amend 14 CFR part thresholds. Do the replacement in accordance The proposed rule establishes 39 as follows: with the Accomplishment Instructions of procedures within applicable U.S. and Boeing Service Bulletin 767–25–0211, foreign safety rules for the carriage and PART 39—AIRWORTHINESS Revision 1, dated July 14, 1994. DIRECTIVES use of portable respiration-related Actions Accomplished Previously assistive devices and medical oxygen 1. The authority citation for part 39 (h) Accomplishment of the stowage bin devices aboard commercial flights by continues to read as follows: modifications required by paragraph (f) of passengers with disabilities.

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DATES: Comment Closing Date: That Foreign Air Carrier NPRM does not devices (liquid oxygen units and safety- Comments must be received by contain any proposed substantive sealed compressed oxygen), unless November 7, 2005. Comments received regulatory changes relating to the exempted, would be subject to 49 CFR after this date will be considered to the carriage and use of medical oxygen by 175.75(a), PHMSA’s safety regulation extent practicable. passengers with disabilities aboard covering the carriage of hazardous ADDRESSES: Please include the docket commercial flights. materials aboard commercial aircraft. number of this document in all The Department is proposing a rule at The Federal Aviation Administration comments submitted to the docket. this time to address the carriage and use (FAA) also made several important Written comments should be sent to of supplemental oxygen devices by determinations with respect to oxygen Docket Clerk, Department of passengers on commercial flights. There delivery systems. First, it decided that Transportation, 400 7th Street, SW., are several reasons for this initiative. the carriage and use of all oxygen Room PL–401, Washington, DC 20590. First, the Department consistently delivery devices, including portable For confirmation of the receipt of receives complaints from consumers concentrators deemed not to contain written comments, commenters may regarding the lack of accommodations in hazardous material, would require include a stamped, self-addressed air travel for passengers who use either an exemption from 14 CFR postcard. The Docket Clerk will date- medical oxygen. These complaints 121.574, 125.219, or 135.91, its rules stamp the postcard and mail it back to generally allege that there are a limited covering oxygen delivery systems, or the commenter. Comments are available number of carriers that provide approval through a separate rulemaking. for inspection at this address from 9 supplemental oxygen service (several Because it did not receive an exemption a.m. to 5 p.m., Monday through Friday. major carriers do not); that the service, petition from an air carrier prior to July Comments can also be reviewed through when available, is prohibitively 2004, the FAA issued an NPRM the Dockets Management System (DMS) expensive, at times exceeding the cost of proposing to permit air carriers to allow pages of the Department’s Web site air transportation 3; and that those passengers to use certain types of (http://dms.dot.gov). Commenters may passengers who need supplemental portable oxygen concentrators during also submit comments electronically. oxygen have to independently arrange commercial flights subject to certain Instructions appear on the DMS Web with medical supply companies for conditions. See 69 FR 42324. On July site. additional supplies of oxygen during 12, 2005, the FAA issued a final rule layovers and connections between that permits air carriers to allow FOR FURTHER INFORMATION CONTACT: Ann flights. As a result, many passengers passengers to use Air Sep Lifestyle and G. Gawalt and Blane A. Workie, Office with respiratory disabilities are not able Inogen One portable oxygen of Assistant General Counsel for to avail themselves of air transportation concentrator units during commercial Aviation Enforcement and Proceedings, readily available to the general public. flights provided carriers and passengers 400 7th Street, SW., Room 4116, Because the Department views these comply with certain conditions. See 70 Washington, DC 29590. Phone: (202) consumer complaints and the issues FR 40156. As a corollary to the FAA 366–1677. TTY: (202) 366–9342. Fax: they raise seriously, the Department is rulemaking on allowing the use of (202) 366–7152. E-mail: proposing to amend part 382 to address certain portable oxygen concentrators, [email protected] or these matters. the Department is now proposing a [email protected]. Second, we believe a rulemaking is rulemaking to address the treatment of SUPPLEMENTARY INFORMATION: necessary because of the technological these portable oxygen concentrators as advances in oxygen-delivery systems. In an assistive device in air travel. Background April 2002, a letter from a coalition of The FAA also determined that other In 1986, Congress passed the Air medical and patient groups made the passenger-owned medical oxygen Carrier Access Act (ACAA) which Department aware of state of the art devices could be used during prohibits discrimination in airline technology in three types of oxygen commercial flights if the air carrier service on the basis of disability. Since delivery systems: portable oxygen agrees to inspect and test the equipment the Department issued the final rule concentrators, portable liquid oxygen in accordance with 14 CFR 121.574, implementing the ACAA, 14 CFR part units, and safety-sealed compressed 125.219, or 135.91, as appropriate, and 382 (part 382) in 1990, it has amended oxygen. The Department then carefully then furnish the devices to the part 382 ten times.1 Part 382 does not considered how these devices could be passengers for their flights. require any specific accommodations by approved for carriage and use by Finally, the Department is proposing air carriers for passengers who use passengers during commercial flights a rule because passengers who use other supplemental medical oxygen during within the existing safety regulatory respiratory assistive devices such as commercial flights.2 In November 2004, scheme. respirators and ventilators have also the Department issued an NPRM During this process, the Department’s complained that they have not been able proposing to revise part 382 to cover Pipeline and Hazardous Materials Safety to travel on certain flights because foreign air carriers (hereinafter Foreign Administration (PHMSA), formerly the carriers were concerned about possible Air Carrier NPRM). See 69 FR 64364. Research and Special Programs electromagnetic interference (EMI) with Administration (RSPA), determined that aircraft navigation and communication 1 The dates and citations for these amendments the portable concentrator units systems. Because portable electronic are the following: April 3, 1990; 55 FR 12341; June manufactured by AirSep Inc. and Inogen devices including portable electronic 11, 1990; 55 FR 23544; November 1, 1996; 61 FR Inc. do not contain hazardous materials assistive devices emit some type of 56422; January 2, 1997; 62 FR 17; March 4, 1998; and therefore are not subject to electromagnetic waves, FAA safety 63 FR 10535; March 11, 1998; 63 FR 11954; August 2, 1999; 64 FR 41703; January 5, 2000; 65 FR 352; PHMSA’s regulations. The other two regulations require that air carriers test May 3, 2001; 66 FR 22115; July 8, 2003; 68 FR these devices to determine if the 40488. 3 The Department is aware of one survey which devices’ radio frequencies interfere with 2 Under 14 CFR 382.33(b)(1), an air carrier may shows that the cost of supplemental oxygen can its aircrafts’ systems before permitting require a passenger to provide 48 hours advance range from an additional $64 to $1500 per trip. notice to request medical oxygen for use on board James Stoller, A Comparative Analysis of Arranging the devices to be used in flight. We the aircraft, if the carrier chooses to make this In-Flight Oxygen Aboard Commercial Air Carrier, believe a number of foreign service available on the flight. Chest (April 1999). governments have similar requirements.

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Currently, part 382 requires carriers to November 4, 2004, Foreign Air Carrier is an air taxi operator which carries permit the carriage and the use of NPRM, those comments will be passengers or property and is not a ventilators and respirators in considered with regard to the final rule commuter air carrier as defined in 14 accordance with PHMSA and FAA issued as a result of the instant NPRM. CFR part 298. A commuter air carrier is regulations. As proposed, the Foreign However, this NPRM does not an air taxi operator that carries Air Carrier NPRM would impose the propose to make the requirements passengers on at least 5 round trips per same requirement on foreign air carriers. relating to the carriage and use of week on at least one route between two However, neither part 382 nor the portable respiration assistive devices or more points according to its Foreign Air Carrier NPRM requires and medical oxygen devices aboard published flight schedules that specify carriers to conduct the necessary EMI commercial flights applicable to all U.S. the times, days of the week and places evaluation required under FAA rules or carriers and foreign air carriers between which those flights are applicable foreign rules to determine operating to and from the U.S. but rather performed. See, 14 CFR 298.2. This whether the use of these devices would proposes to limit the applicability of the proposal also applies to foreign air cause interference with aircraft requirements to certain U.S. and foreign carriers operating to and from the navigation and communication systems. air carriers as described in sections United States that conduct passenger- Therefore, the Department is proposing 382.133 and 382.135. As a result, the carrying service and are not on demand this rule to address this gap in the instant NPRM would change section air taxi operators. We specifically regulations so that passengers who use 382.5 as proposed in the Foreign Air request comment as to whether the ventilators or respirators can be assured Carrier NPRM by adding the phrase Department should limit coverage of greater access to air travel. ‘‘except as otherwise indicated within this section to carriers operating larger this part’’ to section 382.5(a) which than 60 seat aircraft, i.e., excluding Formatting addresses the applicability of part 382 to carriers operating only small aircraft. Do This NPRM has been formatted in U.S. carriers and 382.5(b) which carriers that operate only small aircraft accord with the format of the Foreign addresses the applicability of part 382 to have special needs or problems with Air Carrier NPRM issued on November foreign air carriers. No other change to complying with proposed section 4, 2004, which proposes to apply 14 section 382.5 has been made. 382.133 of which the Department CFR part 382 to foreign air carriers and Section 382.133 What Are the should be aware? Also, should the scope convert part 382 into a question-and- Requirements Concerning the of this section be further limited so that answer format. The Department Evaluation and use of Passenger-Owned flights performed by commuter carriers proposes that the instant NPRM apply to Electronic Devices That Assist would not be covered? foreign carriers. Additionally, the Passengers With Respiration in the Types of Portable Respiration-Related Department will ultimately merge the Cabin During Flight and That do not Assistive Devices Covered final rule resulting from the instant Contain Hazardous Materials? NPRM with any final rule that results Section 382.133 proposes to address from the November 4, 2004, Foreign Air FAA regulations state that U.S. air the carriage of four types of respiratory Carrier NPRM. Because of this, the carriers may not permit passengers to devices: ventilators, respirators, instant NPRM is in a question-and- operate portable electronic devices continuous positive airway pressure answer format and the section during a flight except for certain devices (CPAP) machines, and portable oxygen numbering is consistent with the listed in those sections and any other concentrators excepted from coverage November 4, 2004, NPRM. device that the carrier has determined under 14 CFR 121.574 and 135.91. The will not cause interference with the language of 382.133(a) is intended to Section-by-Section Analysis navigation or communication system of make clear that this section covers only This portion of the preamble the aircraft on which it is to be used. those oxygen concentrators that the discusses each section of the proposed See, 14 CFR 91.21, 121.306 and 135.144. FAA, through a rulemaking, has rule. The Department recognizes that foreign specifically excepted from 14 CFR carriers operate under a variety of safety 121.574 and 14 CFR 131.91 coverage. Section 382.3 What do the Terms in laws and regulations, and is proposing Currently, the Air Sep Lifestyle and This Part Mean? that foreign carriers permit passengers Inogen One portable concentrator units This section proposes to supplement to carry and use electronic devices have been excepted from such coverage the proposed rule text of the November consistent with the foreign law and qualify under subsection (1). 2004 Foreign Air Carrier NPRM by involved. In proposed section 382.133, If an applicable foreign safety adding the meaning of the term the Department is proposing that U.S. regulation precludes a foreign carrier ‘‘PHMSA.’’ and foreign air carriers be required to (1) from permitting passengers to carry the test certain types of electronic four types of respiratory devices Section 382.5 To Whom do the respiratory assistive devices in mentioned above, this section would Provisions of This part apply? accordance with U.S. and foreign safety not require their carriage or use. The This NPRM proposes to be applicable rules, as applicable, and (2) permit the language of 382.133(b) is intended to to certain U.S. and foreign air carriers. use of those devices within applicable make clear that this section only covers The instant NPRM applies to foreign air U.S. and foreign safety regulations those respirators, ventilators, CPAP carriers in nearly the same manner as during all phases of commercial flight if machines and oxygen concentrators that proposed in the November 4, 2004, they have had positive safety are not restricted by foreign government Foreign Air Carrier NPRM since the determinations. safety rules. As stated previously, it is proposed rule would apply to any flight the Department’s intention to address that begins or ends at a U.S. airport, as Applicability to Carriers the carriage and use of electronic the word ‘‘flight’’ is defined in the As proposed, section 382.133 applies respiratory devices within applicable NPRM. To the extent that individuals to all U.S. carriers that conduct safety rules. Therefore, as an example, if have already submitted comments passenger-carrying service other than a foreign carrier is prohibited from regarding the extension of part 382 to those carriers that are operating as on- carrying an oxygen concentrator because foreign carriers in response to the demand air taxis. An on-demand air taxi of its homeland safety requirements,

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then that foreign carrier would not be This section also proposes that U.S. Time Limits for Testing and Acceptance required to test, carry, or permit the use air carriers test each device model for of a Device of such device on flights to and from the each model of aircraft that they operate. U.S. The Department seeks comment With respect to foreign carriers, this The Department is proposing that a and information from foreign section proposes to require that foreign carrier have 90 days from receipt of a governments, foreign carriers, and other carriers test each device model for each request to test a device on each model interested parties on the following aircraft model that they operate on of aircraft it operates, and 30 days from questions regarding foreign safety flights to and from the United States. the date of a positive determination to restrictions affecting the carriage and The testing for a device model is implement procedures to permit the use of electronic respiratory assistive intended to be limited to a one-time device’s use. The Department is devices. What foreign governments, if testing event for each aircraft model proposing a total of 120 days to conduct any, prohibit the carriage and use of covered by the rule. The Department the evaluation and make operational respiratory devices? What devices, if intends that once a carrier completes the decisions and changes, if any, because any, are specifically prohibited by review and testing of a device, then the such a timeframe appears to be a foreign safety rules? Describe safety carrier would permit all positively reasonable time given the number of restrictions other than prohibitions on tested devices of the same model to be models of aircraft some carriers operate. these types of devices. Other than safety used by passengers with disabilities on The Department seeks comment with prohibitions or restrictions, what other that model of aircraft. In other words, if respect to the amount of time reasonably foreign restrictions apply to the carriage a carrier determines that ‘‘Acme necessary to conduct required and use of electronic assistive devices? ventilator’’ owned by Passenger X does evaluations and testing. Proposed Testing Requirements not cause interference with its Airbus A–320 or Boeing 747–400 aircraft that it Requirements Regarding Use of Section 382.133 proposes to require operates and therefore permits Respiratory Assistive Devices Passenger X to use it on his flight, then that, upon a request from a person with Section 382.133(d) proposes to a disability or manufacturer of a device Passenger Y and all other qualified require that carriers allow passengers to described above to a U.S. or foreign air passengers should be permitted to use carry on board and use a portable carrier, the carrier would make a one- the same model of the ‘‘Acme time determination whether such ventilator’’ during all flights on A–320’s respiratory assistive device on any respiration assistive device can be or 747–400’s operated by that carrier. aircraft model on which the device carried safely in accordance with FAA passed its safety evaluation and testing. The Department expects that carriers Consistent with the FAA final rule on or applicable foreign safety rules. For will test any device submitted for use U.S. carriers, the rule proposes that portable oxygen concentrators, during all phases of flight, including subsection (d) does not propose to carriers first determine whether the take-offs and landings. Since these permit carriers to prohibit the use of device is electronic and therefore devices are used to assist a person to these respiratory assistive devices subject to FAA regulations, i.e., 14 CFR breathe, a passenger may need to use his during the ascent and descent stages of 91.21, 121.306 or 135.144. If the device or her device during ascent and descent. is subject to those regulations, proposed Of course if a device is found to the flight, assuming use of the device is section 382.133(a)(2) would require that interfere with navigation or determined to be safe. However, if a U.S. air carriers conduct the necessary communications equipment during a carrier determines that a respiratory evaluation and/or electromagnetic (EMI) particular phase of a flight, then its use device can not be safely used during the testing to determine whether such a must be prohibited during that phase of ascent and descent, but can be used respiratory assistive device causes flight. during all other phases during a flight, interference with aircraft the carrier must permit use of that The Department recognizes that this communication and navigation systems. device during those phases when it can proposal could require a carrier to Under subsection 382.133(b) foreign air be safely used. The reason for this conduct a number of tests during the carriers would also be required to make proposal is that some users of CPAP initial compliance phase that other any necessary evaluations or conduct machines and oxygen concentrators do carriers will conduct or have conducted. any necessary testing under applicable not need to use their devices until they foreign requirements to determine if However, as noted by the FAA in its July 12, 2005, final rule on use of certain reach a certain altitude such as cruising such device can be safely used during altitude or can go without using their flight.4 The Department requests portable oxygen concentrator devices devices during takeoff and landing. comments as to the benefit or detriment onboard aircraft, if a medical portable Because this proposal deviates from of requiring passengers requesting the electronic device (M–PED) such as the testing of ventilators, respirators, CPAP Inogen One or the AirSep Lifestyle has some carriers’ standard practice in machines, and portable oxygen been tested to meet the Radio Technical which all electronic devices are turned concentrators to either provide carriers Commission for Aeronautics (RTCA) off during take-off and landing, the with the applicable manufacturer’s standard found in FAA Advisory Department seeks comments as to any contact information when submitting Circular 91.21–1A, and the test results issues that may arise as a result of this the device for testing or to have the are provided to, and verified by, the particular proposal. manufacturer provide the device aircraft operator, no further testing by The intent of section 382.133 as directly to the carrier. the aircraft operator would be required. proposed is to create a system where on The Department seeks comment on the day of flight a passenger with a 4 Foreign air carriers that are operating U.S. other ways, if any, to streamline the disability can carry his or her approved registered aircraft on flights in, to, and from the testing requirement for respiratory respiratory device, such as a portable United States could be subject to the safety devices, including whether aircraft oxygen concentrator, from his or her requirements of 14 CFR 91.21. Foreign air carriers manufacturers should have a role in operating non-U.S. registered aircraft may also be home to the airport, through check-in, to evaluating devices for use on a given subject to foreign requirements similar to section the gate, and then on to the aircraft for 91.21. model of aircraft.

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use during flight.5 It is also worth noting agents itemizing the devices the carriers carriers to require that passengers who that section 382.41(c) of the current rule have evaluated and the results of the request medical oxygen service for their requires U.S. carriers to permit evaluations. The Department seeks flight or who plan to hook up their passengers with disabilities to stow comments on the following questions: respirator to the aircraft’s electrical assistive devices, including the four What issues are involved in air carriers supply to check in an hour prior to their types of respiratory devices addressed maintaining a centralized list of flight. What are the operational reasons, in this NPRM, in the cabin consistent approved and disapproved devices? To if any, for requiring passengers who with FAA safety regulations. The what extent should carriers be required request to use their respiratory assistive November 4, 2004, NPRM proposed to to provide information to disabled air device to comply with an advance extend this same requirement to foreign travelers? Should carriers be required to check-in deadline? What issues would carriers in section 382.121. The instant inform passengers if a device is in the passengers who use respiratory assistive NPRM maintains this requirement of the process of being evaluated? Should devices face if carriers were permitted to current rule and proposed section information about evaluations and require an advance check-in deadline? 382.121 of the November 4, 2004, acceptance/rejection of particular What would be a reasonable length of NPRM. Further, it raises five additional devices be placed on each carrier’s Web time for the advance check-in? Would issues on which the Department solicits site? What issues are raised if carriers an hour before the check-in time set by comment: are required to provide information on the carriers for general boarding (1) Passenger Information. We believe the limitations of the carriers’ codeshare passengers to present themselves at the that a passenger who uses a respiratory partners to accommodate the use of airport be a reasonable amount of time device could have an extremely respiratory devices? What issues are to conduct any necessary check-in frustrating travel experience if he or she raised in connection with codeshares if procedures associated with the carriage discovers on the day of the flight that the ticketing carrier is aware that the of the device? Should the length of time the carrier will not accept his or her carrier operating the codeshared flight for advance check-in differ for particular model of device because it has not conducted the necessary testing international flights? can cause interference with the to allow for the use of a respiratory (4) Seating accommodations: We navigation or communication systems device? What process or procedures do believe that a passenger who uses on the aircraft model the carrier is using U.S. carriers use today to ensure their electronic respiratory assistive devices to operate the passenger’s flight. Part travel agents comply with current (e.g., ventilator, respirator, CPAP 382 currently requires that when a requirements in section 382.45 machine, or portable oxygen passenger with a disability requests regarding providing information to concentrator) should be given priority information about an accommodation, passengers about the accessibility over users of other types of electronic the carrier must provide this passenger features of an aircraft (e.g., location of equipment that are not assistive devices information on any limitation involved movable armrests, limitations on the (e.g., laptops) to plug the device into the in providing the accommodation in ability of the aircraft to accommodate aircraft’s power supply consistent with question. See 14 CFR 382.45(a)(2). Also qualified individuals with disabilities)? FAA and foreign safety requirements. see, 14 CFR 382.41 in the November 4, Would carriers be able to use the same As such, we are seeking comment on 2004 Foreign Air Carrier NPRM. We or similar method to ensure their travel whether to require that, if an electrical have interpreted this section to mean agents inform passengers who inquire outlet is available on the aircraft and that carriers must inform passengers about oxygen service or who make can safely be used, carriers must who inquire about oxygen service or reference to a respiratory disability if provide a seat, in the same class of who make reference to a respiratory appropriate accommodations are not service, closest to the electrical outlet to disability if accommodations such as offered for certain flights? a passenger who self-identifies as using the provision of medical oxygen are not (2) Advance Notice: Currently, section the electronic respiratory assistive offered for certain flights. Therefore, we 382.33(b) permits carriers to require device and requests such a seat. The believe that 382.45(a)(2) would require passengers who request medical oxygen Department also seeks comment on that carriers inform passengers, on service for their flight or who plan to whether there are any practical request, about any restrictions on using hook up their respirator to the aircraft’s problems to implementing the proposed their personal respiratory assistive electrical supply to provide 48 hours seating accommodation. If there are devices aboard the carrier’s flights. For advance notice. What are the problems, we seek comment on how to example, we would expect that a carrier operational reasons, if any, in support of avoid them while still accommodating would explain to a passenger who permitting carriers to require a passengers in this situation. requests to use an ‘‘Acme CPAP passenger with a disability to provide (5) Batteries: Because respirators, machine’’ on flight 123 that this device advance notice of his or her intention to ventilators, CPAP machines and the can only be used on flight 123 after use a battery-operated CPAP machine, covered oxygen concentrators can be takeoff and before landing, if an approved portable oxygen powered by batteries, the Department is appropriate. We would also expect that concentrator, or a respirator or seeking additional information in this a carrier would inform the passenger, ventilator aboard a flight? What are the area. More specifically, DOT requests upon request, about the availability or operational reasons, if any, in support of comments as to whether it should allow carriers to require users of electronic lack thereof of electrical outlets on permitting carriers to require a respiratory devices to carry a certain board aircraft that might be available to passenger with a disability to provide number of batteries in instances where power the device. advance notice of his or her intention to To provide this type of information, use the aircraft electrical system? What electrical outlets are not available on an we anticipate that carriers would need issues would arise for passengers with aircraft. Should the Department also to maintain a list or some type of disabilities if carriers were permitted to allow carriers to require users of operational guidance for its reservations require advance notice for use of a electronic respiratory devices to carry a respiratory device? What is a reasonable certain number of batteries even in 5 The Transportation Security Administration has amount of advance notice? instances where an aircraft has an developed standard operating procedures to screen (3) Advance check-in time: Current electrical outlet available as a way of respiratory devices for security purposes. section 382.33(b) also permits air protecting against unexpected

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occurrences (e.g., the aircraft electrical capacity of more than 60 passengers. It connect or disconnect a passenger to system is inoperative or otherwise is worth noting that under this NPRM if and from a gaseous oxygen cylinder unusable or an aircraft without outlets a U.S. carrier operates both large aircraft while any other passenger is aboard the is suddenly substituted for an aircraft (aircraft with more than 60 seats) and aircraft. with outlets)? The Department small aircraft, then all flights of that This section also proposes to require recognizes that the FAA final rule on airline are covered regardless of the size that U.S. and foreign air carriers adhere use of certain portable oxygen of the aircraft used on a particular flight. to any applicable Transportation concentrator devices onboard aircraft If a foreign airline operates both large Security Administration (TSA), FAA, issued on July 12, 2005, states that the and small airplanes to and from the PHMSA, and foreign safety regulations user of a portable oxygen concentrator United States, the flights on the small when providing medical oxygen service. must carry on the flight a sufficient airplanes would be covered because the The Department recognizes that in some number of batteries to power the device airline holds authority to fly large situations more restrictive foreign for the duration of the oxygen use airplanes. We request comment about aviation regulations rather than FAA, specified in the user’s physician the feasibility and/or difficulties TSA, or PHMSA rules may govern the statement, including a conservative inherent in providing in-flight medical actions of foreign carriers with respect estimate of any unanticipated delays. oxygen in small aircraft. Should the to the carriage and use of medical DOT seeks comment regarding what scope of this section be limited to large oxygen aboard aircraft. action it should authorize the carrier to aircraft (aircraft with more than 60 take if a passenger does not have seats)? What would be the harm or Type of Carrier-Supplied Oxygen available to carry on a flight a sufficient benefit of such a limitation? The kinds Devices number of batteries to power an of foreign air carriers that we propose to Section 382.135 proposes a system electronic respiratory assistive device. cover under this NPRM in terms of where carriers would be required to The Department further seeks scheduled carriers flying large aircraft provide oxygen devices covered by 14 comment and information as to whether are as similar as possible to the U.S. air CFR 121.574 or 135.91, such as manufacturers place labels on all carriers that we propose to cover compressed oxygen canisters. The ventilators, respirators, CPAP machines, considering the different legal authority Department understands that and/or Air Sep Lifestyle and Inogen One applicable to foreign operators. compressed medical oxygen dispensed portable oxygen concentrators which Applicable Safety Regulations from canisters can provide a purity of would provide carriers assurance that oxygen and flow rate that are required the batteries to be used for these devices This NPRM is designed to create by most if not all individuals dependent are approved for air travel. If such a greater access to air travel for persons on medical oxygen. The Department label is not present on a device, DOT who use medical oxygen by proposing recognizes that devices such as the Air seeks comment on whether carriers a system within the existing aviation Sep AirLife oxygen concentrator unit, 6 should be permitted to prohibit a safety regulatory structure concerning Air Sep Lifestyle portable oxygen passenger with a disability from oxygen. U.S. and foreign air carriers are concentrator unit, and Inogen One carrying the device or using it during subject to 14 CFR 121.574 and 135.91. portable oxygen concentrator unit did flight. The Department requests Sections 121.574 and 135.91 specifically not exist when 14 CFR 121.574 or comments regarding the benefit or apply to U.S. carriers. Although these 135.91 were initially adopted by the two sections do not specifically apply to determinant of such an approach. DOT FAA. However, it appears from the foreign carriers, foreign carriers are also seeks comment regarding what manufacturers’ materials that oxygen nonetheless required to follow 14 CFR action it should authorize the carrier to concentrators can deliver a comparable 121.574 and 135.91 when providing take or what action to require the carrier purity of oxygen and flow rate to that of medical oxygen because of the U.S. to take if a passenger does not ensure a canister. The Department would be regulations regarding the carriage of that the electronic device batteries willing to consider a carrier that hazardous materials. Specifically, 49 carried are packaged in a manner that provides a concentrator in lieu of a CFR 175.10(a) (7) requires foreign protect them from physical damage as compressed oxygen canister to be in carriers to follow the standards set forth required by the FAA. compliance with this proposed in 14 CFR 121.574 or 135.91 when Section 382.135 What Are the providing medical oxygen on requirement if the concentrator Requirements Concerning the Provision commercial flights in U.S. airspace. provided the same medical oxygen of Medical Oxygen for Passengers With Sections 121.574 and 135.91 set forth service as a compressed oxygen canister. Disabilities? a number of safety requirements for Therefore, the Department seeks comment from the medical professional In this section, the Department is carriers to follow when providing community, manufacturers of oxygen proposing to require carriers to provide medical oxygen. Some of these devices, persons dependent on medical in-flight medical oxygen to passengers requirements include: (1) The medical oxygen, air carriers, and all other with disabilities who request and oxygen device used by the passenger interested parties to address the require it on commercial flights in must be provided by the carrier, (2) a following questions: Do oxygen accordance with applicable safety rules. passenger who uses a carrier-supplied medical oxygen device must concentrators provide medical oxygen at Applicability to Carriers demonstrate to the carrier that he or she a purity level and flow rate required by As proposed, section 382.135 would has a medical need for such device by most individuals dependent on medical apply to U.S. carriers that conduct providing a medical statement signed by oxygen? What other devices dispense passenger-carrying service with at least a licensed physician which specifies the medical oxygen with the same or one aircraft having a designed seating maximum quantity of oxygen needed comparable purity and flow rate as capacity of more than 60 passengers and each hour and the maximum flow rate compressed oxygen delivered from a foreign air carriers operating to and from needed for the pressure altitude 6 This is a large concentrator unit designed to fit the United States that conduct corresponding to the pressure in the underneath the seat of an aircraft and is apparently passenger-carrying service with at least cabin of the aircraft, and (3) no person, used by some foreign air carriers to provide medical one aircraft having a designed seating other than carrier personnel, may oxygen to passengers with disabilities.

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canister? What medical reasons would submit his or her own canisters of safety test. In order to conduct a prevent a person who requires medical compressed oxygen to a carrier at least hydrostatic test on the canister, the oxygen from using a large (e.g. the Air five days prior to his or her flight for canister must be purged of its Life concentrator) or portable oxygen carrier inspection and maintenance of compressed oxygen. Therefore, because concentrator? the canisters in accordance with of current FAA safety regulations, applicable safety regulations. The Extent of the Medical Oxygen Service carriers would still be required to fill carrier would then have been required empty canisters after their testing and Proposed section 382.135 would to furnish the devices to the passenger inspection by the carriers. Moreover, require that U.S. and foreign carriers for use during the passenger’s flight if oxygen tanks can be subjected to provide only in-flight medical oxygen the canisters were deemed safe. If the hydrostatic testing only a limited service. This means that under this canisters were not deemed safe, the number of times for safety reasons. For proposal, carriers are only required to Department considered proposing that provide a medical oxygen device to a the carrier be required to return the all of the reasons discussed above, the requesting passenger with a disability oxygen canisters to the passenger with Department has concluded that an for use on board the aircraft. Passengers a written explanation as to why the effective system in which a passenger who require medical oxygen in canisters passenger’s device was not acceptable submits his or her own compressed in the airport must arrange with oxygen no later than 24 hours prior to the oxygen canister system for carrier suppliers for separate airport service for passenger’s flight and refund any inspection and maintenance cannot be several reasons.7 First, FAA safety rules unused portion of the passenger’s ticket. created at this time. Therefore, the contemplate that carrier-supplied However, after further review, it Department will address the use of oxygen will only be provided on the became apparent that the above medical oxygen tanks by proposing to aircraft itself and not in the airports. approach, if proposed, would create require a system in which carriers’ Second, the cost to provide medical several problematic issues for both supply their own medical oxygen tanks oxygen service from a passenger’s passengers and air carriers. First, the to the passengers. system would have deprived oxygen arrival at the curb for departing flight to The Department has also received a the curb upon arrival of a passenger’s users of their oxygen canisters for at least 5 days in order to allow enough letter from a coalition of medical flight would be prohibitively expensive professionals and users of supplemental because a carrier would have to train time for the carriers to conduct FAA- oxygen asking the Department to and assign personnel to stay with the mandated testing, inspection, and consider creating a system for the oxygen device while in the airport in maintenance of the canisters. This provision of medical oxygen by using order to maintain control of the device would have created a burden on as required by FAA rules. passengers who would have had to pre-approved oxygen delivery kits. The order additional canisters from coalition asked if the Department would Advance Notice Requirements suppliers in order to be assured they consider whether passengers could rent This section would not amend the had enough canisters to cover the 5 days or purchase oxygen kits from an oxygen current requirement that carriers that the carrier had control of their devices. vendor approved by DOT, FAA or the provide medical oxygen to passengers This system also would have created Department of Homeland Security. A with disabilities may require up to 48 a complicated procedure requiring passenger would pick up his or her hours’ advance notice from the coordination between passengers, air device from a pre-approved vendor and passenger for the service. Should the carriers, and oxygen suppliers. For carry the device in its tamper proof Department require a longer period of example, a carrier would have had to container to the airport for check-in on time for advance notice for international create a place to accept and stow the the day of the flight. The passenger flights? devices, communicate clearly to the would present the unopened tamper- passenger where to deliver the devices proof oxygen kit to the airline staff. The Timeframe To Implement a Carrier- and train employees to appropriately Supplied Medical Oxygen System accept the devices in order to obtain the airline staff would be responsible for ensuring that the oxygen kit (1) has not Carriers would have up to six months necessary information about the been tampered with and (2) is an from the date the rule becomes final to canisters. The carrier would then have approved oxygen system. As a establish a system to provide medical had to either create an in-house system preliminary response, the Department oxygen to passengers with disabilities to inspect and test the canisters or create upon request. The Department seeks a system in which it transported the notes that the provision of any oxygen comment on what a reasonable amount oxygen canisters to approved medical delivery device that contains hazardous of time would be to establish a system oxygen suppliers to conduct the testing. material or has not been the subject of to provide medical oxygen to passengers All carriers would also have had to a rulemaking or an exemption from FAA with disabilities. arrange for the oxygen canisters to be rules must comply with the delivered to the passenger’s point of requirements set forth in 14 CFR Other Issues departure. This coordination would 121.574 or 135.91. Chief among these is The Department seriously considered have had to have been accomplished at the requirement that the carriers proposing that U.S. and foreign air least 36 hours prior to the passenger’s maintain and furnish any oxygen- carriers be required to implement a flight in order to provide the carrier delivery system. The Department seeks system that would allow passengers with enough time to inform the comments and information on how such before their trips to submit their own passenger if the canister failed the a pre-approved delivery kit proposal canisters of compressed oxygen to required tests. could be implemented consistent with Most importantly, under current FAA carriers for testing. The Department FAA and foreign government safety regulations, an air carrier can only considered a system in which a regulations. passenger would have been permitted to provide oxygen canisters to passengers for use during flight that the carrier has 7 Passengers may also use their own oxygen purchased new or those on which the concentrator units in airports. carrier has performed its last hydrostatic

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Section 382.137 May a Carrier Charge passenger who requires medical oxygen Executive Order 13084 a Passenger for Costs Related to the Use must in fact use more than one of Passenger-Owned Respiration passenger seat because the equipment This notice of proposed rulemaking has been analyzed in accordance with Assistive Devices or the Provision of takes the space of two seats, then that the principles and criteria contained in Carrier-Supplied Medical Oxygen passenger can be charged for an Executive Order 13084 (‘‘Consultation Devices? additional seat. On lengthy flights, and Coordination with Indian Tribal This section proposes that respiratory carriers would have to stow oxygen Governments’’). Because this NPRM assistive devices and oxygen delivery tanks not in use in other stowage space does not significantly or uniquely affect systems be accorded the same treatment on a priority basis. the communities of the Indian tribal as other assistive devices and disability- Regulatory Analysis and Notices governments and does not impose related services required under part 382 substantial direct compliance costs, the such that a passenger would not be Executive Order 12866 (Regulatory funding and consultation requirements charged a fee for carrier-supplied Planning and Review) and DOT of Executive Order 13084 do not apply. medical oxygen, excess baggage fees for Regulatory Policies and Procedures a passenger’s respiratory assistive Regulatory Flexibility Act The Department has determined that device, or fees for the cost associated The Regulatory Flexibility Act (5 this proposed rule is nonsignificant for with inspecting or testing a passenger’s U.S.C. 601 et seq.) requires an agency to purposes of both Executive Order 12866 respiratory assistive device. review regulations to assess their impact The Department recognizes that this and the Department of Transportation on small entities unless the agency proposal would end the ability of air Regulatory Policies and Procedures. determines that a rule is not expected to carriers to charge for the provision of Because this NPRM will impose new have a significant economic impact on medical oxygen, as they currently do. requirements on U.S. and foreign a substantial number of small entities. I The Department also wishes to carefully carriers, however, the Department has hereby certify that the rule proposed in evaluate the impact that the costs of produced a regulatory evaluation. The this notice of proposed rulemaking will such a required system would have on evaluation has determined that the not have a significant economic impact the airline industry. The regulatory proposals as set out in this NPRM are on a substantial number of small evaluation prepared in conjunction with cost beneficial. entities. A direct air carrier or a foreign this NPRM found that the provision of air carrier is a small entity if it provides a medical oxygen service at no cost to Specifically, the regulatory evaluation air transportation only with small the disabled passengers would be a cost estimates that for all U.S. carriers aircraft (i.e., aircraft designed to have a beneficial system. However, the covered by these proposals, the average maximum passenger capacity of not Department is well aware that because annual costs associated with this NPRM more than 60 seats or a maximum of the unique characteristics of medical for U.S. carriers, when discounted to payload capacity of not more than oxygen, the provision of medical oxygen present value, would range from $18.6 18,000 pounds). See 14 CFR 399.73. can be costly. For example, medical million to $39.1 million. The analysis This NPRM reduces costs to small oxygen is more costly than other type of determined that for U.S. carriers the carriers by proposing not to apply to compressed oxygen because it’s total annual benefits, also discounted to them the more costly provision which required to be highly pure oxygen. present value, would range from $40.2 would require a carrier to provide in- Generally, carriers may not charge million to $100.6 million. For foreign flight medical oxygen upon request. passengers for disability-related services carriers, the regulatory evaluation Taking into account the flexibility of the that provide equal access to air estimated that the average annual total NPRM and the low overall costs, we transportation because such charges costs associated with this NPRM would conclude that the cost of compliance would have a discriminatory effect. range from $4 million to $6.87 million with this rule for small businesses will However, the Department seeks and the total benefits would range not have a significant impact on small comment on whether the law would between $18.52 million and $59.6 businesses. Therefore, this rule will not permit carriers to charge for the million. The Department seeks comment have a significant economic impact on provision of medical oxygen? on the regulatory evaluation, its a substantial number of small Specifically, the provision of medical approach, and the accuracy of its businesses. oxygen may be distinguishable from estimates of costs and benefits. other disability-related services because Paperwork Reduction Act it requires a physician’s prescription in Executive Order 13132 (Federalism) order to obtain the service from the air The proposed rule does not contain This NPRM has been analyzed in carrier. In addition, the Department information collection requirements that accordance with the principles and seeks comment on whether the require approval by the Office of Department has the authority to regulate criteria contained in Executive Order Management and Budget (OMB) under the reasonableness of such charges 13132 (‘‘Federalism’’). This notice of the Paperwork Reduction Act (44 U.S.C. under the ACAA or limit the charges to proposed rulemaking would not (1) 2507 et seq.). have a substantial direct effect on the the carrier’s costs if the law would Unfunded Mandates Reform Act permit carriers to charge for the States, the relationship between the provision of medical oxygen? national government and the States, or The Department has determined that The Department also wishes to clarify the distribution of power and the requirements of Title II of the that under this proposal carriers cannot responsibilities among the various Unfunded Mandates Reform Act of 1995 charge passengers for an additional seat levels of government; (2) impose do not apply to this rulemaking. substantial direct compliance costs on if the oxygen canisters or other List of Subjects in 14 CFR Part 382 dispensing equipment is stowed under state and local governments; or (3) the passenger’s seat or beneath the seat preempt State law. Therefore, the Air carriers, Civil rights, Individuals in front of the passenger using the consultation and funding requirements with disabilities, Reporting and medical oxygen. However, if the of Executive Order 13132 do not apply. recordkeeping requirements.

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Issued this 17th day of August, 2005, at covered ‘‘flight’’ for purposes of this part, model of its aircraft that it operates on Washington, DC. with respect to passengers who board the flights to and from the United States. Norman Y. Mineta, flight in New York. (c) U.S. and foreign air carriers must Secretary of Transportation. Example 4. In Example 3, the carrier is not required to provide services under this part complete the necessary evaluation or For the reasons set forth in the to a passenger who boards the aircraft in testing described in paragraphs (a) and preamble, the Department of London and goes to Cairo. Likewise, on the (b) of this section, respectively, within Transportation is further proposing to return trip, the foreign carrier is not required 90 days after receiving a request from amend the proposed rule published at to provide services under this part to a any manufacturer of devices listed in 69 FR 64364, November 4, 2004, as passenger who boards the aircraft in Cairo follows: and whose journey ends in London. paragraphs (a) or (b) or from an individual who desires to use such a PART 382—NONDISCRIMINATION ON Subpart I—Stowage of Wheelchairs, device during a flight in air THE BASIS OF DISABILITY IN AIR Other Mobility Aids, and Other transportation. TRAVEL Assistive Devices; Oxygen for (d) Within 30 days after making the Passengers 1. The authority citation for part 382 determinations described in paragraphs continues to read as follows: 4. Revise the title of subpart I of part (a) through (c) of this section that a device may be operated safely during a Authority: 49 U.S.C. 41702, 41310, 41705, 382 to read as set forth above. and 41712. 5. In subpart I of part 382, add flight, a carrier as defined in paragraphs §§ 382.133, 382.135, and 382.137, to (a) and (b) of this section must permit 2. In § 382.3, add the definition of read as follows: use of that model of device by ‘‘PHMSA’’ in alphabetical order. passengers with disabilities aboard each § 382.133 What are the requirements § 382.3 What do the terms in this part concerning the evaluation and use of aircraft model that it operates during mean? passenger-owned electronic devices that those phases of flight in which the * * * * * assist passengers with respiration in the carrier has determined that the device PHMSA means the Pipeline and cabin during flight and that do not contain may be safely used and consistent with Hazardous Materials Safety hazardous materials? applicable TSA, FAA, PHMSA, and Administration. (a) Upon receiving a request from any foreign government safety regulations. manufacturer of a ventilator, respirator, * * * * * § 382.135 What are the requirements 3. Revise § 382.5 to read as follows: continuous positive airway pressure machine, or portable oxygen concerning the provision of medical oxygen for passengers with disabilities? § 382.5 To whom do the provisions of this concentrator excepted from coverage part apply? under 14 CFR 121.574 or 135.91, or Each U.S. and foreign air carrier (a) If you are a U.S. air carrier, this from an individual who desires to use operating to, from, and in the United part applies to you with respect to all such a device during a flight in air States conducting passenger operations your operations and aircraft, regardless transportation, a U.S. air carrier that with at least one aircraft with a designed of where your operations take place, conducts passenger carrying service, seating capacity of more than 60 except as otherwise indicated within other than an on-demand air taxi passenger seats shall provide in-flight this Part. operator must: medical oxygen, upon request, to a (b) If you are a foreign air carrier, this (1) Make a one time determination as passenger with a disability in part applies to you with respect to to whether the device is subject to 14 flights that begin or end at a U.S. airport accordance with 14 CFR 121.574 or CFR 91.21, 121.306 or 135.144; and 135.91, respectively, and consistent and to aircraft used for these flights, (2) If the device is subject to 14 CFR with any other applicable TSA, FAA, except as otherwise indicated within 91.21, 121.306 or 135.144, conduct any PHMSA and foreign government safety this Part. For purposes of this part, a necessary evaluation or testing to regulations. Carriers covered by this ‘‘flight’’ means a continuous journey in determine if under 14 CFR 91.21(b)(5), the same aircraft or with one flight 121.306(b)(5) or 135.144(b)(5) such section have six months from the date number that begins or ends at a U.S. device will cause interference with the of the issuance of the final rule to airport. The following are some navigation or communication systems of comply with the requirements of this examples of the application of this term: each model of its aircraft irrespective of section. Example 1. A passenger books a nonstop where aircraft is operated. § 382.137 May a carrier charge a flight from Paris to Chicago. This is a ‘‘flight’’ (b) Upon receiving a request from any passenger for costs related to the use of for purposes of this part. manufacturer of a ventilator, respirator, passenger-owned respiration assistive Example 2. A passenger books a journey on continuous positive airway pressure devices or the provision of carrier-supplied a foreign carrier from Washington, DC, to machine, or portable oxygen medical oxygen devices? Berlin. The foreign carrier flies nonstop to Frankfurt. The passenger gets off the plane in concentrator whose use during flight is not restricted by a foreign government Carriers required to permit the use of Frankfurt and boards a connecting flight, on respiratory assistive devices described the same or a different foreign carrier that safety requirement, or from an goes to Berlin. The Washington-Frankfurt leg individual who desires to use such a in § 382.133 and to provide medical of the journey is a ‘‘flight’’ for purposes of device during a flight in air oxygen under § 382.135 may not charge this part; the Frankfurt-Berlin leg is not transportation, a foreign air carrier that a passenger for transportation, testing, (unless it is a code-shared flight with a U.S. conducts passenger carrying service inspection, maintenance or provision of carrier; see paragraph (c) of this section). other than an on-demand air taxi a device described in § 382.133 or Example 3. A passenger books a journey on operator must conduct any necessary § 382.135 and that a passenger intends a foreign carrier from New York to Cairo. The to use during flight. Prohibited charges plane stops for refueling and a crew change evaluation or testing, consistent with in London. The passengers reboard the applicable foreign safety regulations, to include, but are not limited to, charges aircraft (or a different aircraft, assuming the ascertain whether such device can be for medical oxygen supplied by the flight number remains the same) and used safely by passengers with carrier, excess baggage charges, and continue to Cairo. Both legs are parts of a disabilities during a flight on each charges for any transportation of a

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device to or from a testing, inspection, Commission’s Web site at http:// provide advice to the Commission, the or maintenance facility. www.ferc.gov. Commenters unable to ERO or a Regional Entity on matters of [FR Doc. 05–17605 Filed 9–6–05; 8:45 am] file comments electronically must send governance, applicable Reliability BILLING CODE 4910–62–P an original and fourteen (14) copies of Standards, the reasonableness of their comments to: Federal Energy proposed fees within a region, and any Regulatory Commission, Office of the other responsibilities requested by the DEPARTMENT OF ENERGY Secretary, 888 First Street, NE., Commission; Washington, DC 20426. Refer to the (6) Regulations governing the issuance Federal Energy Regulatory Comment Procedures section of the of periodic reliability reports by the Commission preamble for additional information on ERO that assess the reliability and how to file comments. adequacy of the Bulk-Power System in 18 CFR Part 38 FOR FURTHER INFORMATION CONTACT: North America; and (7) Regulations pertaining to the [Docket No. RM05–30–000] William Longenecker (Technical Information), Office of Markets, Tariffs funding of the ERO. Rules Concerning Certification of the and Rates, Federal Energy Regulatory II. Background Electric Reliability Organization; and Commission, 888 First Street, NE., Procedures for the Establishment, Washington, DC 20426, (202) 502–8570. A. Commission Reliability Activity Prior Approval, and Enforcement of Electric David Miller (Technical Information), to the Electricity Modernization Act of Reliability Standards Office of Markets, Tariffs and Rates, 2005 Division of Reliability, Federal Energy 2. The Electricity Modernization Act September 1, 2005. Regulatory Commission, 888 First of 2005 was enacted into law by AGENCY: Federal Energy Regulatory Street, NE., Washington, DC 20426, President George W. Bush on August 8, Commission. (202) 502–6473. Jonathan First (Legal 2005. Subtitle A of the Electricity ACTION: Notice of proposed rulemaking. Information), Office of the General Modernization Act amended the FPA by Counsel, Federal Energy Regulatory adding a new section 215, titled SUMMARY: Pursuant to Subtitle A Commission, 888 First Street, NE., ‘‘Electric Reliability.’’ Prior to (Reliability Standards) of the Electricity Washington, DC 20426, (202) 502–8529. enactment of section 215, the Modernization Act of 2005, which Christy Walsh (Legal Information), Commission had acted primarily as an added a new section 215 to the Federal Office of the General Counsel, Federal economic regulator of wholesale power Power Act (FPA), the Commission is Energy Regulatory Commission, 888 markets and the interstate transmission proposing to amend its regulations to First Street, NE., Washington, DC 20426, grid. In this regard, the Commission incorporate: (202) 502–6523. acted to promote a more reliable electric (1) Criteria that an entity must satisfy SUPPLEMENTARY INFORMATION: system by promoting regional in order to qualify to be the Electric coordination and planning of the Reliability Organization (ERO) that will I. Introduction interstate grid through regional propose and enforce Reliability 1. Pursuant to Subtitle A (Reliability independent system operators (ISOs) Standards for the Bulk-Power System in Standards) of the Electricity and regional transmission organizations the United States, subject to Modernization Act of 2005,1 which (RTOs), adopting transmission pricing Commission approval; added a new section 215 to the Federal policies that provide price signals for (2) Procedures governing enforcement Power Act (FPA), the Commission is the most reliable and efficient operation actions by the ERO and the proposing to amend its regulations to and expansion of the grid, and Commission; (3) Criteria under which the ERO may incorporate: providing pricing incentives at the enter into an agreement to delegate (1) Criteria that an entity must satisfy wholesale level for investment in grid authority to a Regional Entity for the in order to qualify to be the Electric improvements and assuring recovery of purpose of proposing Reliability Reliability Organization (ERO), which costs in wholesale transmission rates. Standards to the ERO and enforcing the Commission will certify as the Section 215 of the FPA buttresses the Reliability Standards; organization that will propose and Commission’s efforts to strengthen the (4) Procedures for the establishment enforce Reliability Standards for the reliability of the interstate grid through of Regional Advisory Bodies that may Bulk-Power System in the United States, the grant of new authority which provide advice to the Commission, the subject to Commission approval; provides for a system of mandatory ERO or a Regional Entity on matters of (2) Procedures under which the ERO Reliability Standards developed by the governance, applicable Reliability may propose new or modified ERO and reviewed and approved by the Standards, the reasonableness of Reliability Standards and procedures to Commission. The ERO can initiate an proposed fees within a region, and any enforce such standards, for Commission enforcement action and impose other responsibilities requested by the review; penalties for the violation of Reliability Commission; (3) Procedures governing enforcement Standards, subject to Commission (5) Regulations governing the issuance actions by the ERO and the review; or the Commission can initiate of periodic reliability reports by the Commission; its own enforcement action. (4) Criteria under which the ERO may ERO that assess the reliability and B. Voluntary Reliability Standards adequacy of the Bulk-Power System in enter into an agreement to delegate 3. In the aftermath of the 1965 North America; and authority to a Regional Entity for the blackout in the northeast United States, (6) Regulations pertaining to the purpose of proposing Reliability the electric industry established the funding of the ERO. Standards to the ERO and enforcing Reliability Standards; North American Electric Reliability DATES: Comments are due October 7, (5) Procedures for the establishment Council (NERC), a voluntary reliability 2005. of Regional Advisory Bodies that may organization. Since its inception, NERC ADDRESSES: Comments may be filed has developed Operating Policies and electronically via the eFiling link on the 1 H.R. 6, Title XII, Subtitle A, 109th Cong. (2005). Planning Standards that provide

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voluntary guidelines for operating and electric load. A joint U.S.-Canada task has held several workshops and planning the North American bulk- force studied the causes of the August technical conferences to address power system. In April 2005, NERC 14, 2003 blackout and determined that reliability issues including transition to adopted ‘‘Version 0’’ reliability several entities violated NERC’s then the NERC reliability standards, operator standards that translated the NERC Operating Policies and Planning tools, and reactive power. Operating Policies, Planning Standards Standards, and those violations directly 8. Stakeholders in the electric utility and compliance requirements into a contributed to the start of the blackout.4 industry have also participated in comprehensive set of measurable The joint task force, in its dialogues on the international standards. While NERC has developed a recommendations to prevent or implications of the ERO and Cross- compliance enforcement program to minimize the scope of future blackouts, Border Regional Entities during three ensure compliance with the reliability identified the need for legislation to public bilateral workshops held in the standards it has developed, industry make reliability standards mandatory United States and Canada. On August 9, compliance is still voluntary and not and enforceable, with penalties for non- 2005, the Federal-Provincial-Territorial subject to mandatory enforcement compliance.5 (FPT) Working Group in Canada and penalties. Although NERC’s efforts have 6. In the wake of the August 14, 2003 DOE jointly submitted to the been important in maintaining the blackout, the Commission has taken a Commission ‘‘Principles for an Electric reliability of the nation’s bulk-power more direct and pro-active role in Reliability Organization that Can system, NERC itself has recognized the transmission reliability matters. Function on an International Basis’’ need for mandatory, enforceable Commission staff helped to lead and (bilateral principles) based on these reliability standards and has been a conduct the joint U.S.-Canada stakeholder dialogues 8 A number of proponent of legislation to establish a investigation of the August 2003 bilateral principles are incorporated into Commission-jurisdictional ERO that blackout. In April 2004, the Commission the NOPR, and the Commission asks would propose and enforce mandatory issued a Reliability Policy Statement,6 questions and seeks comment on the reliability standards. which clarified its power grid reliability bilateral principles. In this regard, we 4. A common cause of the past three policies and objectives, and completed note that the Commission’s proposed major regional blackouts was violation several Commission-designated rule would allow the approved ERO or of NERC’s then Operating Policies and recommendations of the 2003 Task a Cross-Border Regional Entity to take Planning Standards. During July and Force. appropriate steps to be recognized in August 1996, the west coast of the 7. Also, as part of the Commission’s Mexico or Canada as embedded in the United States experienced two efforts to promote grid reliability, the principles. For example, in accordance cascading blackouts caused by Commission has created a new Division with section 215(c)(2)(E) of the FPA, we violations of voluntary Operating of Reliability within the Office of expect the ERO and any Regional Policies.2 In response to the outages, the Markets, Tariffs and Rates. One task of Entities to take such steps as relevant Secretary of Energy convened a task this new division has been to participate Mexican and Canadian authorities may force to advise the U.S. Department of in NERC’s Reliability Readiness require to have standing in those Energy (DOE) on issues needed to be Reviews of balancing authorities, nations.9 transmission operators and reliability addressed to maintain the reliability of C. Electric Reliability Legislation the bulk-power system. In a September coordinators in North America to 1998 report, the task force determine their readiness to maintain 9. Electric reliability legislation was recommended, among other things, that safe and reliable operations. The first proposed after issuance of the federal legislation should grant more Commission also directed transmission September 1998 task force report,10 and explicit authority for the Commission to owners to report, by June 2004, on the was a common feature of approve and oversee an organization vegetation management practices they comprehensive electricity bills since having responsibility for bulk-power use for transmission lines and rights-of- that time. A stand-alone electric reliability standards.3 Further, the task way.7 The Commission’s Reliability reliability bill was passed by the Senate 11 force recommended that such legislation Division has also engaged in studies and unanimously in 2000. In 2001, provide for Commission jurisdiction for other activities to assess the longer-term President Bush proposed making reliability of the bulk-power system and and strategic needs and issues related to electric Reliability Standards mandatory Commission implementation of power grid reliability. The Commission and enforceable as part of the National 12 mandatory, enforceable reliability Energy Policy. On August 8, 2005, the standards. 4 The joint team, known as the U.S.-Canada Electricity Modernization Act of 2005 Power System Outage Task Force, issued a Final 5. On August 14, 2003, a blackout Report on the August 14, 2003 Blackout In the affected significant portions of the 8 A copy of these principles has been placed in United States and Canada: Causes and the public record of this docket. We invite Midwest and Northeast United States, Recommendations (Final Blackout Report) on April comments on these principles. and Ontario, Canada. This blackout 5, 2004, which presented an in-depth analysis of 9 In addition, this proposed rule is consistent affected an area with an estimated 50 the causes of the blackout and recommendations for with many of the other bilateral principles, such as avoiding future blackouts. the requirement for the independence of the ERO’s million people and 61,800 megawatts of 5 Final Blackout Report, at 140–42. board; the requirement that all owners, users and 6 Policy Statement on Matters Related to Bulk operators of the bulk-power system must comply 2 The Electric Power Outages in the Western Power System Reliability, 107 FERC ¶ 61,052, order with approved reliability standards; and a number United States, July 2–3, 1996, at 76 (ftp:// on clarification, 108 FERC ¶ 61,288 (2004). of the suggested Enforcement Principles. Also, the www.nerc.com/pub/sys/all_updl/docs/pubs/ 7 Reporting By Transmission Providers on fact that the statute does not authorize the U.S. doerept.pdf) and WSCC Disturbance Report, For the Vegetation Management Practices Related To Government to appoint members to the ERO’s board Power System Outage that Occurred on the Western Designated Transmission Facilities, 107 FERC is consistent with the bilateral principles. Similarly, Interconnection August 10, 1996, at 4 (ftp:// ¶ 61,053 (2004). This order was issued pursuant to we propose to preclude Commission officials from www.nerc.com/pub/sys/all_updl/docs/pubs/ FPA section 311, which authorizes the Commission serving on the board. AUG10FIN.pdf). to secure information necessary or appropriate as a 10 See supra n. 3. 3 Maintaining Reliability in a Competitive U.S. basis for recommending legislation. The 11 S. 2071, 106th Cong. (2000). An identical bill, Electricity Industry, Final Report of the Task Force Commission submitted a report to Congress in H.R. 4881, was not voted on by the House of on Electric System Reliability, Secretary of Energy September 2004 that set forth the Commission’s Representatives. Advisory Board, U.S. Department of Energy findings and recommendations, including the need 12 Report of the National Energy Policy (September 1998), at 25–27, 65–67. for mandatory, enforceable reliability rules. Development Group, May 2001, at p. 7–6.

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was enacted into law by President Bush. tariff, rate schedule, or agreement two reliability-related provisions that This important new energy legislation accepted, approved, or ordered by the are not part of new section 215 of the adds to the FPA a new provision which Commission applicable to a FPA. First, section 1211(b) of the Act buttresses the Commission’s efforts to transmission organization. provides that the ERO certified by the strengthen the reliability of the 15. Section 215(e) (Enforcement) Commission as well as Regional Entities interstate transmission grid. authorizes the ERO, after notice and are not departments, agencies or Specifically, the new section 215 of the opportunity for hearing, to impose a instrumentalities of the United States FPA provides for a system of penalty for a violation of a Reliability Government. Second, section 1211(c) mandatory, enforceable Reliability Standard; subject to review by the provides that federal agencies Standards. Reliability Standards are to Commission. This section also provides responsible for approving access to be developed by the ERO, subject to for enforcement initiated by the electric transmission or distribution Commission review and approval; and, Commission on its own motion. This facilities located on lands within the once approved, standards may be subsection also requires that the United States shall, in accordance with enforced by the ERO, subject to the Commission issue regulations under applicable law, expedite any federal Commission’s review. which the ERO will be authorized to agency approvals that are necessary to 10. The statute directs the enter into an agreement to delegate allow the owners or operators of such Commission to issue a final rule to authority to a qualified Regional Entity facilities to comply with a Commission- implement the requirements of section for the purpose of proposing Reliability approved Reliability Standard that 215 no later than 180 days after Standards to the ERO and enforcing pertains to vegetation management, enactment, or by February 5, 2006. such standards. Further, section 215(e) electric service restoration, or resolution Below, we summarize the provisions of requires that any penalty imposed shall of situations that imminently endanger Subtitle A of the Electricity bear a reasonable relation to the the reliability or safety of the facilities. Modernization Act of 2005: seriousness of the violation and take III. Discussion 11. Section 215(a) defines relevant into consideration timely remedial terms used in the Act. efforts. A. The Commission’s Reliability 12. Section 215(b) (Jurisdiction and 16. Section 215(f) (Changes In Electric Proposal Applicability) provides that, for Reliability Organization Rules) requires 23. The Commission’s proposed purposes of approving Reliability Commission approval of any proposed reliability regulation is entitled, Rules Standards and enforcing compliance ERO rule or proposed rule change. Concerning Certification of the Electric with such standards, the Commission 17. Section 215(g) (Reliability Reliability Organization; and shall have jurisdiction over the certified Reports) requires that the ERO conduct Procedures for the Establishment, ERO, any Regional Entities, and all periodic assessments of the reliability Approval and Enforcement of Electric users, owners and operators of the bulk- and adequacy of the North American Reliability Standards. The proposed power system, including but not limited bulk-power system. regulation is generally limited to to the public and governmental entities 18. Section 215(h) (Coordination With developing and implementing the described in section 201(f) of the FPA.13 Canada and Mexico) urges the President processes and procedures that section Section 215(b)(2) requires the to negotiate international agreements 215 of the FPA directs the Commission Commission to issue a final rule to with the governments of Canada and to develop and undertake with regard to implement the requirements of the Mexico to provide for effective the formation and functions of the ERO section no later than 180 days after the compliance with Reliability Standards and Regional Entities. Section 215(b) date of enactment. and the effectiveness of the ERO in the 13. Section 215(c) (Certification) obligates all users, owners and operators United States and Canada or Mexico. of the bulk-power system to comply authorizes the Commission to certify a 19. Section 215(i) (Savings Provisions) with Reliability Standards that become person as an ERO, provided that the states that the ERO shall have authority applicant meets specified criteria. effective pursuant to the processes set to develop and enforce compliance with forth in the statute. The complete text of 14. Section 215(d) (Reliability Reliability Standards for only the bulk- Standards) provides the process for the the proposed rule is provided in the power system and makes clear that Attachment to this notice of proposed ERO to propose Reliability Standards, section 215 of the FPA shall not be subject to Commission review and rulemaking (NOPR). construed to preempt any authority of 24. The proposed regulation is approval. This subsection also directs any state to take action to ensure the organized into twelve sections: the Commission to adopt rules to safety, adequacy, and reliability of provide fair processes for the Section 38.1—Definitions; electric service within that state, as long Section 38.2—Jurisdiction and identification and timely resolution of as such action is not inconsistent with Applicability; any conflict between a Reliability any Reliability Standard. Section 38.3—Electric Reliability Standard and any function, rule, order, 20. Section 215(j) (Regional Advisory Organization Certification; Bodies) requires the Commission to Section 38.4—Approval of Reliability 13 Section 201(f) of the FPA, 16 U.S.C. 824(f), as establish Regional Advisory Bodies modified by Subtitle H, section 1291(c) of the Standards; upon petition of at least 2⁄3 of the states Energy Policy Act of 2005, states that ‘‘[n]o Section 38.5—Enforcement of 1 provision in this Part shall apply to, or be deemed within a region that have more than ⁄2 Reliability Standards; to include, the United States, a state or any political of their electric load served within the Section 38.6—Enforcement of subdivision of a State, an electric cooperative that region; such Regional Advisory Bodies Commission Rules and Orders; receives financing under the Rural Electrification may provide advice to the ERO, a Section 38.7—Delegation of Certain Act of 1936 (7 U.S.C. 901 et seq.) or that sells less than 4,000,000 megawatt hours of electricity per Regional Entity, or the Commission. Electric Reliability Organization year, or any agency, authority, or instrumentality of 21. Section 215(k) (Application to Authority to Regional Entities; any one or more of the foregoing, or any corporation Alaska and Hawaii) provides that Section 38.8—Changes in Electric which is wholly owned, directly or indirectly, by section 215 of the FPA does not apply Reliability Organization Rules and any one or more of the foregoing, or any officer, agent, employee of any of the foregoing acting as to Alaska or Hawaii. Regional Entity Rules; such in the course of his official duty, unless such 22. Subtitle A of the Electricity Section 38.9—Process for Resolution of provision makes specific reference thereto.’’ Modernization Act of 2005 also includes Conflicts With a Reliability Standard;

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Section 38.10—Procedures for 31. The term ‘‘Interconnection’’ States (other than Alaska and Hawaii) Establishment and Recognition of means a geographic area in which the including, but not limited to, the Regional Advisory Bodies; operation of Bulk-Power System entities described in section 201(f) of Section 38.11—Reliability Reports; components is synchronized such that the FPA, for the purposes of approving Section 38.12—Review of State Action, the failure of one or more of such and enforcing Reliability Standards and components may adversely affect the established by the Commission in Section 38.13—Funding of the Electric ability of the operators of other accordance with this new regulation. Reliability Organization. components within the system to 3. Electric Reliability Organization maintain Reliable Operation of the B. Summary of the Commission’s Certification—Section 38.3 facilities within their control. Reliability Rule Proposal 32. The term ‘‘Regional Advisory 38. Proposed regulation section 38.3 1. Definitions—Section 38.1 Body’’ is used in the statute but not provides that any person may submit an defined. For purposes of our application to the Commission for 25. Section 38.1 of the proposed regulations, the Commission proposes to certification as the ERO within sixty regulations defines relevant terms used define the term as follows: an entity (60) days following the issuance of a in the Act. Each definition is based on established upon petition to the new final regulation. This provision a corresponding definition contained in Commission pursuant to section 215(j) provides for the Commission to certify section 215 of the FPA, except as of the FPA that is organized to advise one applicant as the ERO, if the otherwise noted. the ERO, a Regional Entity, or the Commission determines such applicant 26. The term ‘‘Bulk-Power System’’ Commission regarding certain meets certain criteria. Paragraph (b)(1) means facilities and control systems reliability-related matters in accordance of proposed section 38.3 provides that necessary for operating an with section 38.9 of the proposed the applicant must demonstrate that it interconnected electric energy regulation. has the ability to develop and enforce transmission network (or any portion 33. The term ‘‘Regional Entity’’ means Reliability Standards that provide for an thereof), and electric energy from an entity having enforcement authority adequate level of reliability of the Bulk- generating facilities needed to maintain pursuant to section 38.6 of the proposed Power System. transmission system reliability. The regulation. 39. The Commission interprets term does not include facilities used in 34. The term ‘‘Reliable Operation’’ section 215 of the FPA to mean that an the local distribution of electric energy. means operating the elements of the ERO certified by the Commission shall 27. The term ‘‘Cross-Border Regional Bulk-Power System within equipment comply with the certification criteria on Entity’’ means a Regional Entity for and electric system thermal, voltage, an ongoing basis, and that a violation of which the size and scope includes a and stability limits so that instability, the certification criteria constitutes a portion of Canada or Mexico. uncontrolled separation, or cascading violation of the FPA. Accordingly, as 28. The term ‘‘Cybersecurity Incident’’ failures of such system will not occur as discussed below with respect to section means a malicious act or suspicious a result of a sudden disturbance, 38.6(a) and (b), the Commission will event that disrupts, or was an attempt to including a Cybersecurity Incident, or conduct periodic compliance audits disrupt, the operation of those unanticipated failure of system and, if it finds a violation of the ERO programmable electronic devices and elements. certification criteria, the Commission communications networks including 35. The term ‘‘Reliability Standard’’ may suspend the ERO’s certification or hardware, software and data that are means a requirement, approved by the decertify the ERO and solicit new essential to the Reliable Operation of the Commission under the instant proposed applications for ERO certification. Bulk-Power System. regulation, to provide for Reliable 40. Section 38.3(b)(2) provides that 29. The term ‘‘Electric Reliability Operation of the Bulk-Power System. the applicant must document that it has Organization’’ or ‘‘ERO’’ means the The term includes requirements for the established rules that assure its organization certified by the operation of existing Bulk-Power independence of the users, owners and Commission the purpose of which is to System facilities, including operators of the Bulk-Power System establish and enforce Reliability cybersecurity protection, and the design while assuring stakeholder Standards for the Bulk-Power System, of planned additions or modifications to representation in the selection of its subject to Commission review. such facilities to the extent necessary to directors and balanced decisionmaking 30. The legislation distinguishes provide for Reliable Operation of the in any ERO committee or subordinate between the terms ‘‘Reliability Bulk-Power System. The term does not organizational structure. Pursuant to Standards’’ and ‘‘rules.’’ The former include any requirement to enlarge such section 215(c)(2)(B) of the FPA, section refers to Commission-approved, facilities or to construct new 38.3(b)(2)also provides that such ERO substantive standards that provide for transmission capacity or generation rules allocate equitably reasonable dues, Reliable Operation of the Bulk-Power capacity. fees and charges among end users for all System. In contrast, ‘‘rules’’ refer to the 36. The term ‘‘Transmission activities under this new reliability internal procedures of the ERO or any Organization’’ means an RTO, ISO, regulation. Section 38.3(b)(2) further particular Regional Entity. Accordingly, independent transmission provider, or provides that such ERO rules are to be to maintain this distinction, the other Transmission Organization finally fair and impartial procedures for Commission proposes the following approved by the Commission for the enforcement of Reliability Standards definition of the term ‘‘ERO Rules’’ for operation of transmission facilities. through the imposition of penalties, purposes of this NOPR: the bylaws, including limitations on activities, rules of procedure and other 2. Jurisdiction and Applicability— functions or operations, or other organizational rules and protocols of the Section 38.2 appropriate sanctions. ERO. The Commission proposes to 37. Proposed regulation section 38.2 41. In addition, section 38.3(b)(2) define the term ‘‘Regional Entity Rules’’ provides for Commission jurisdiction provides that such ERO rules are to as the bylaws, rules of procedure and over the ERO, any Regional Entities, and provide for reasonable notice and other organizational rules and protocols all users, owners and operators of the opportunity for public comment, due of a Regional Entity. Bulk-Power System within the United process, openness, and balance of

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interests in developing Reliability basis with respect to a Reliability Commission. Paragraph (d) provides Standards, and otherwise exercising its Standard to be applicable within that that the ERO shall rebuttably presume duties. Paragraph (b)(2) of proposed Interconnection. Further, section that a proposal from a Regional Entity section 38.3 provides that such ERO 215(d)(3) of the FPA provides for a organized on an Interconnection-wide rules must include appropriate steps, rebuttable presumption that a Reliability basis for a Reliability Standard or a after certification by the Commission as Standard or a modification to a modification to a Reliability Standard to the ERO, to gain recognition in Canada Reliability Standard to be applicable on be applicable on an Interconnection- and Mexico. an Interconnection-wide basis is just, wide basis is just, reasonable, not 42. Paragraph (c) of section 38.3 reasonable, not unduly discriminatory unduly discriminatory or preferential, requires an ERO certified by the or preferential, and in the public and in the public interest, if such Commission to periodically submit to interest, if such proposal is from a proposal is from a Regional Entity the Commission an application to be Regional Entity organized on an organized on an Interconnection-wide recertified as the ERO. We seek Interconnection-wide basis. basis. comments on what would constitute a 46. The statute, however, is silent 50. Consistent with section 215(d)(4) reasonable length of time for such regarding deference to Regional Entities of the FPA, paragraph (e) of proposed periodic certification to be effective. For not organized on an Interconnection- regulation section 38.4 provides that the example, is a five-year certification wide basis. Accordingly, the Commission shall remand to the ERO period appropriate? How far in advance Commission interprets sections for further consideration a proposed should an ERO be required to submit its 215(d)(2) and (3) as not requiring the Reliability Standard or modification to a application for recertification before its Commission to give due weight to the Reliability Standard that the current certification period expires? technical determinations of Regional Commission disapproves in whole or 43. In addition to seeking comment on Entities not organized on an part. the above proposal, we seek comments Interconnection-wide basis or creating a 51. Paragraph (f) provides that the on whether the term ‘‘end users’’ should presumption with regard to the Commission may, upon its own motion be defined for purposes of the ERO’s reasonableness of any Reliability or a complaint, order the ERO to submit equitable allocation of reasonable dues, Standard proposed by such Regional a proposed Reliability Standard or fees and charges among end users? Entities for consideration by the ERO. In modification to a Reliability Standard Should ‘‘end users’’ be defined as addition, the Commission expects a that addresses a specific matter if the customers using net energy for load? greater level of uniformity among Commission considers such a new or Should the term ‘‘end users’’ be defined Reliability Standards approved for modified Reliability Standard in terms of those who directly or Regional Entities not organized on an appropriate to carry out section 215 of indirectly use the transmission system Interconnection-wide basis. the FPA. since ‘‘Bulk-Power System’’ is defined 47. Paragraph (b) provides that that 52. Paragraph (g) provides that the to exclude facilities used in local the Commission may approve by rule or Commission may, upon its own motion distribution of electric energy? Should order a proposed Reliability Standard or or complaint, review a previously- ‘‘end users’’ be limited to entities a modification to a Reliability Standard approved Reliability Standard. If, after transmitting electricity through the if it determines that the standard is just, notice and opportunity for hearing, the transmission facilities of others? Or, reasonable, not unduly discriminatory Commission determines that the might ‘‘end users’’ include the or preferential, and in the public Reliability Standard, or any provision of transmission facility owners and interest. The Commission generally the Reliability Standard, no longer operators whose businesses depend on anticipates that it will provide notice meets the statutory (and regulatory) the reliable operations of the and opportunity for hearing of any standard for approval of Reliability interconnected Bulk-Power System? proposed Reliability Standard or a Standards, i.e., it is found to be unjust modification to a Reliability Standard. or unreasonable, unduly discriminatory 4. Approval of Reliability Standards— The Commission shall give due weight or preferential, or not in the public Section 38.4 to the technical expertise of the ERO interest, the Commission may remand it 44. Paragraph (a) of proposed with respect to the content of a to the ERO or the relevant Regional regulation section 38.4 provides that the proposed Reliability Standard or Entity. The statute allows us to order the ERO must consider and develop modification to a Reliability Standard ERO to submit a modification to a Reliability Standards and modifications and give due weight to the technical Reliability Standard, and we construe to be applicable to the entire Bulk- expertise of a Regional Entity organized this authority as allowing a remand of Power System or a particular region or on an Interconnection-wide basis with a previously-approved Reliability Interconnection. The ERO shall file each respect to a Reliability Standard to be Standard. Reliability Standard or modification to a applicable within that Interconnection. 53. Because the Commission’s options Reliability Standard that it proposes to 48. Proposed Section 38.4(b)(3) are limited by FPA section 215 to either be made effective under this section provides that the Commission will not accepting or remanding a proposed with the Commission. The ERO’s filing defer to the ERO or a Regional Entity Reliability Standard, the Commission is shall state the purpose of the standard with respect to the effect of a Reliability concerned that, while a circumstance and a summary of its development. Standard or modification to a Reliability may arise where it is necessary to 45. Section 215(d)(2) of the FPA Standard on competition. How should remand a proposed Reliability Standard requires that the Commission give due the Commission define ‘‘competition’’ to the ERO, this may result in a period weight to the technical expertise of the in this context? Commenters are asked of time in which there is no mandatory, ERO with respect to the content of a to provide examples regarding the effect enforceable standard in place for a proposed Reliability Standard or of a Reliability Standard on particular area of bulk system reliability. modification to a Reliability Standard. competition. Accordingly, to minimize this Likewise, the statute requires that the 49. Paragraph (c) provides that an possibility, paragraph (h) provides that Commission give due weight to the approved Reliability Standard or a the Commission, when remanding a technical expertise of a Regional Entity modification to a Reliability Standard Reliability Standard, may state a organized on an Interconnection-wide shall take effect as approved by the deadline by which the ERO must

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resubmit the proposed Reliability System for a violation of a Reliability Commission involving review of a Standard with revisions that address the Standard approved by the Commission proposed penalty. Paragraph (d)(8) of reasons for the remand. Failure to meet if the ERO or the Regional Entity, after proposed section 38.5 would provide a such a deadline would constitute a notice and opportunity for hearing, limited exception to this notice violation of the FPA. finds that the user, owner or operator requirement and allow non-public 54. In addition to seeking comment on has violated a Reliability Standard proceedings for enforcement actions the above proposal, the Commission approved by the Commission and files that involve a Cybersecurity Incident, seeks comment on whether the notice and the record of the ERO’s or the unless the Commission determines on a Commission has authority to void a Regional Entity’s proceeding with the case-by-case basis that such protection previously-accepted Reliability Commission. is not necessary. The Commission has in Standard. If the Commission has such 59. Paragraph (b) provides that a place procedures to prevent the authority, is it beneficial to have such a Regional Entity shall file notice with the disclosure of sensitive information, such provision in the Commission’s ERO of any enforcement action it takes. as the use of protective orders and rules regulations? Paragraph (c) provides that any notice of establishing critical energy 55. Section 215(d) of the FPA and an enforcement action, whether by the infrastructure information (CEII). proposed regulation section 38.4 ERO or a Regional Entity, shall consist However, the Commission believes that provide that the Commission may of the name of the entity against whom the specific, limited area of approve a proposed Reliability Standard the action was taken, and include Cybersecurity Incidents requires or modification to a proposed Reliability statements describing the enforcement additional protections because it is Standard if it determines that the action and findings of fact with respect possible that system security and standard is ‘‘just, reasonable, not unduly to the act or practice that led to the reliability would be further jeopardized discriminatory or preferential, and in enforcement action, the sanction by the public dissemination of the public interest.’’ The Commission imposed, the record of the proceeding information involving incidents that seeks comment on how this standard and other relevant matters. compromise the cybersecurity system of should be applied in the context of 60. Paragraph (d) provides that a a specific user, owner or operator of the reviewing proposed Reliability penalty imposed under paragraph (a) Bulk-Power System. The specific user, Standards. may take effect not earlier than the owner or operator would be notified of 56. We note that the bilateral thirty-first (31st) day after the ERO files the enforcement action and provided an principles specify that membership in with the Commission notice of penalty opportunity for a hearing. The the ERO should not be a condition for and the record of the proceedings. Such Commission believes that this will participation in the ERO’s reliability penalty shall be subject to review by the provide acceptable due process to the development process. We seek Commission, either on its own motion specific owner, user or operator while comments on whether membership in or upon application by the user, owner preventing a further compromise in the ERO or a Regional Entity should not or operator of the Bulk-Power System reliability. be a condition for participation in the that is the subject of the penalty filed 63. The Commission seeks comment ERO’s or a Regional Entity’s standards within thirty (30) days after the date on this proposal and, in addition, seeks development processes. such notice is filed with Commission. If comment on (1) whether the proposal 57. The Commission notes that the the review process is not initiated provides sufficient due process and (2) bilateral principles include a provision during the 30-day period, the the identification of other specific that if a standard is remanded by a enforcement action will be confirmed by events that should be subject to non- regulatory authority, the ERO should operation of law. public hearing procedures. notify all relevant regulatory authorities 61. Paragraph (d) also provides that an 64. Further, section 215(e)(2) of the and should work to ensure that all application to the Commission for FPA directs the Commission to concerns of such regulatory authorities review, or the initiation of review by the implement expedited hearing are addressed prior to resubmission of Commission on its own motion, shall procedures for the review of penalties the standard to the Commission and not operate as a stay of such penalty imposed by the ERO or Regional authorities in Canada. (1) Should the unless the Commission otherwise orders Entities. Accordingly, paragraph (d), proposed rule specify this process? (2) upon its own motion or upon subparagraphs (5) through (7), set forth What are the implications of the remand application by the user, owner or expedited procedures for Commission by a Canadian authority of a Reliability operator that is the subject of such review of penalties. Standard that has been approved by the penalty. In any proceeding to review a 65. Paragraph (e) of proposed Commission? Also, should the ERO penalty imposed under paragraph (a), regulation section 38.5 provides that, on certification criteria specify that the the Commission, after notice and its own motion or upon complaint, the number of board members representing opportunity for hearing (which hearing Commission may order compliance with each participating country in the ERO, may consist solely of the record before a Reliability Standard and may impose and the opportunities for each country the ERO and the opportunity for the a penalty against a user, owner or to have an equitable number of members presentation of supporting reasons to operator of the Bulk-Power System, if on all committees, must be in rough affirm, modify, or set aside the penalty), the Commission finds, after notice and proportion to total load? shall by order affirm, set aside or modify opportunity for hearing, that the user, the penalty and, if appropriate, remand owner or operator of the Bulk-Power 5. Enforcement of Reliability to the ERO for further proceedings. System has engaged or is about to Standards—Section 38.5 62. Section 215(e) of the FPA as well engage in any acts or practices that 58. Paragraph (a) of proposed as proposed section 38.5 of our constitute or will constitute a violation regulation section 38.5 provides that the regulations regarding enforcement of of a Reliability Standard. ERO or a Regional Entity meeting the Reliability Standards provides for 66. Paragraph (f) provides that any requirements of section 215(e)(4)(A), (B) public notice and opportunity for a penalty imposed for the violation of a and (C) may impose, subject to hearing with respect to both the ERO (or Reliability Standard shall bear a paragraph (d), a penalty on a user, Regional Entity) enforcement reasonable relation to the seriousness of owner or operator of the Bulk-Power proceedings and proceedings before the the violation and shall take into

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consideration efforts of such user, Enforcement and Penalty Questions for Following a plenary disciplinary owner or operator of the Bulk-Power Public Comment proceeding, the appellate processes at System to remedy the violation in a 68. In addition to comment on the the above-mentioned SROs are largely timely manner. The Commission above proposed rules, the Commission the same. First, the respondent files a believes that the imposition of penalties seeks comment on a number of notice of appeal to the SRO within a should not be limited to monetary enforcement and penalty issues. The specified time which stays any penalty penalties and may include limitations ERO’s and Regional Entities’ imposed pending the outcome of the on activities, functions, operations, or enforcement role under new section 215 appellate review. Second the matter other appropriate sanctions, including of the FPA is similar in some ways to goes before an appellate committee of the establishment of a publicly available the enforcement roles of existing self- the SRO comprised of at least two reliability watch list composed of major regulatory organizations (SROs). For disinterested parties who evaluate the violators. Monetary penalties shall be example, the National Association of decision, evidence and penalty. Third, the appellate committee renders its paid in a timely manner. The Securities Dealers (NASD) and the decision in writing. With the exception Commission may also consider National Futures Association (NFA), and securities and commodities of the CBOT, this decision is the final intensive compliance audits for entities determination of the SRO.17 Fourth, the that have a high incidence of violations exchanges, such as the New York Stock Exchange (NYSE), New York Mercantile respondent may appeal the decision of or whose violations are serious or the the appellate committee (the Board of installation of Commission staff onsite Exchange (NYMEX), and the Chicago Board of Trade (CBOT), are SROs in the Directors in the case of CBOT) to the to monitor entities that have a high securities and commodities industries relevant federal regulatory body. The incidence of violations or whose that are experienced in the enforcement notice of appeal to the relevant violations are particularly serious. of standards, assessment of penalties, regulatory body does not act as a stay of 67. In order that the Commission is and have penalty appeal processes, as the complained of determination made able to perform its oversight function summarized below. by the self-regulatory organization with regard to Reliability Standards that 69. In general terms, individuals or unless the regulatory body otherwise are proposed by the ERO and firms doing securities business with the orders. Finally, following a review by established by the Commission, it is American public must register with the relevant federal regulatory body, the essential that the Commission receive NASD. Similarly, all persons and respondent may pursue an appeal in the timely information regarding all organizations that intend to do business U.S. Courts of Appeals. potential violations of Reliability as futures professionals must register 71. With the above discussion in Standards. While section 215 of the FPA with the NFA under the Commodity mind, the Commission invites public contemplates the filing of the record of Exchange Act. The National comment on the following questions regarding penalties or sanctions for an ERO or Regional Entity enforcement Adjudicatory Council (NAC), the violations of reliability rules: action, the Commission needs adjudicatory body of the NASD, has (1) What is the appropriate appeals information regarding violations and established the NASD Sanction Guidelines that provide direction for process, if any, of an ERO or Regional potential violations at or near the time adjudicators in imposing sanctions Entity decision to impose a penalty? of occurrence. Accordingly, paragraph consistently and fairly.14 The Sanction Would it be appropriate for the ERO or (g) of proposed section 38.5 requires Guidelines also provide for non- a Regional Entity with delegated that the ERO and all Regional Entities monetary sanctions including: enforcement authority to adopt have in place procedures to notify the suspensions, bars, and expulsions. The enforcement, penalty and appeals Commission of all violations and NFA Compliance Rules also provide for processes similar to the SRO processes potential violations of Reliability both monetary and non-monetary discussed above? Should appeals within Standards when the ERO or Regional sanctions, which may be imposed at the the ERO be allowed before appeal to the Entity first notifies the user, owner or conclusion of a disciplinary hearing or Commission; should appeal of a penalty operator of the violation or potential appeal.15 imposed by a Regional Entity be taken violation. Such procedures must be 70. The NYSE, NYMEX, NASD, and through the Regional Entity itself, with submitted to the Commission within an the CBOT all have internal disciplinary further appeal to the Commission; or application for certification as the ERO procedures and rules, including the should the appeal be through the ERO or an agreement to delegate authority to right to appeal a disciplinary decision.16 in the first instance, then to the a Regional Entity. The Commission Commission? intends that notices of violations and 14 Depending on the violation, the Sanction (2) Should the Commission approve a Guidelines provide for monetary sanctions up to potential violations will be filed $100,000, and in certain egregious cases, the NASD penalty range or guidelines before the electronically. All such reports of may consider a monetary sanction in excess of ERO can levy any penalty or sanction violations and potential violations shall $100,000. Schedule A to the Sanction Guidelines for violations, and, if so, should the specifies that violations are generally not subject to penalty range or guidelines for a include the entity’s name, when the non-monetary sanctions when monetary sanctions violation or potential violation of $5,000 or less are imposed. violation be submitted for Commission occurred, what standard was violated or 15 The NFA Compliance rules provide for approval at the same time that the potentially violated, and the name of a monetary fines not to exceed $250,000 per violation corresponding Reliability Standard is person knowledgeable about the and the following non-monetary penalties: submitted to the Commission for expulsion or suspension for a specified period from approval? violation or potential violation to serve NFA membership; bar or suspension for a specified as a point of contact to provide the period from association with an NFA Member; Commission with further details on the censure or reprimand; order to cease and desist; and Others; NYMEX, NYMEX.com: Exchange Rule any other fitting penalty or remedial action not Book, Rule 8.13 Appeals; CBOT, Rules & matter, as they develop, on an ongoing inconsistent with the NFA Compliance rules. Regulations: Chapter 5 Disciplinary Proceedings, basis. The Commission will provide 16 See NASD Rule 9311: Appeal by Any Party; 540.05 Appeals from a Decision of a Disciplinary more details on the format of such NYSE Rule 476: Disciplinary Proceedings Involving Committee. Charges Against Members, Member Organizations, 17 A CBOT appellate committee’s decision can be electronic filings in the final rule. Allied Members, Approved Persons, Employees, or appealed to the CBOT’s Board of Directors.

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(3) Should a single monetary penalty What are the enforcement implications With this information, the NRC assigns be prescribed for a violation of a of an RTO or ISO that is a Regional each plant to one of five categories in an particular standard or should a schedule Entity? Are there ways for an RTO or Action Matrix. A plant’s position in the of monetary penalties be prescribed ISO to adequately separate its Action Matrix determines the NRC’s from which to select at the time of an enforcement function from its response, which may include actions infraction depending upon relevant ownership, use or operation of the Bulk- ranging from performing supplemental circumstances such as the number of Power System to fully ensure the inspections, to meeting with repeat offenses or length of time before independence of the enforcement unit? management, to ordering a plant to be adequate corrections are made to bring What process should such an shut down. A summary of the Action the violator into compliance? enforcement unit follow to insulate Matrix is posted on the NRC website (4) The Commission interprets section itself from its RTO or ISO organization and is updated quarterly. In addition, 316A of the FPA, as amended by so that it may undertake any the NRC communicates its assessment Congress in the Electricity enforcement actions that become of plant performance in letters to Modernization Act of 2005, as necessary against the RTO or ISO? How licensees, typically semi-annually. establishing limits on monetary would this comport with the These letters are also posted on the penalties for violation of Reliability requirements of section 215 of the FPA? NRC’s website. The Commission seeks Standards that may be imposed by the (10) Paragraph (e) of proposed section comment on the feasibility and ERO, Regional Entities and the 38.5 states that the Commission may appropriateness of adopting a reliability Commission. The Commission seeks order compliance with a Reliability assessment program similar to the comment on this interpretation. Standard and may impose a penalty if NRC’s nuclear power plant assessment (5) Paragraph (d)(1) of proposed the Commission finds that the user, program. Also, should the Commission section 38.5 provides that the owner or operator of the Bulk-Power establish a reliability watch list modeled Commission will review a penalty on its System has engaged or is about to on the NRC’s Action Matrix? What own motion, or upon application of the engage in any acts or practices that features of the NRC program should the entity that is the subject of the penalty. constitute or will constitute a violation Commission adopt? What other features Should the Commission determine by of a Reliability Standard. Should the might be added? rulemaking that certain categories of Commission clarify in the rule that, in 73. The Commission also recognizes penalties should be automatically a situation where an entity is about to that the nuclear electric utility industry subject to Commission review? For engage in an act that will constitute a has formed the Institute of Nuclear example, should penalties above a violation of a Reliability Standard, Power Operations (INPO). The INPO is certain dollar threshold automatically Commission action will be in the form a technical organization whose mission require Commission review? of a compliance order with the goal of is to promote the highest levels of safety (6) What types of nonmonetary preventing the violation from occurring; and reliability—to promote excellence— penalties, if any, are appropriate? and further clarify that an entity that has in the operation of nuclear electric (7) Who should receive, and what engaged in an actual violation may be generating plants.18 All U.S. utilities should be done with monies collected subject to both penalties and a that operate commercial nuclear power as monetary penalties? Should the compliance order? Are there situations plants are members of the INPO. The monetary penalties collected by the ERO that may warrant penalties where an INPO complements the regulatory role or Regional Entity be used to defray the entity is about to engage in activity that of the NRC by providing a technical cost of its enforcement program, or would violate a Reliability Standard but forum for the industry to collectively allocated to some other use? Would the activity was ultimately averted? ensure reliable and safe nuclear allowing the ERO or Regional Entity to (11) Paragraph (g) of proposed section operations. The INPO’s programs use penalty money to fund an 38.5 requires that the ERO and all include an information sharing network, enforcement program create an Regional Entities have in place an equipment failure database, a appearance of impropriety? procedures to notify the Commission of national academy for nuclear training, (8) The Commission notes that the all violations and potential violations of events analysis, accreditation, bilateral principles include a provision Reliability Standards when the ERO or operations evaluations, and monitoring calling for rigorous audits by the ERO Regional Entity first notifies the user, of performance indicators. The and Regional Entities to ensure the owner or operator of the violation or Commission asks commenters to discuss capability to comply with and actual potential violation. We seek comment which aspects of the INPO’s programs compliance with the Reliability on what confidentiality protections may would serve as useful models for the Standards. The bilateral principles also be needed, particularly with regard to ERO. What lessons can be drawn from provide for the ERO to take steps to potential violations. For example, the INPO’s complementary role with the ensure that auditors are properly trained Commission currently maintains NRC? and that the same audit standards apply confidential protection of other types of to all audits conducted by the ERO and enforcement-related investigations 6. Enforcement of Commission Rules Regional Entities. Should the proposed pursuant to section 1b or our and Orders—Section 38.6 rule specify these audits requirements regulations, 18 CFR 1b (2005). Are 74. Paragraph (a) of section 38.6 as part of the ERO certification similar protections needed here? provides that the Commission may take requirements and the Regional Entity 72. The Commission recognizes that such action as is necessary and certification and delegation the Nuclear Regulatory Commission appropriate against the ERO or a requirements? (NRC) has developed a nuclear power Regional Entity to ensure compliance (9) The Commission notes that the plant assessment program to enable it to with a Reliability Standard or any bilateral principles provide that RTOs arrive at objective conclusions about a Commission order affecting the ERO or and ISOs should not become Regional licensee’s safety performance. The a Regional Entity. The first clause of this Entities, and that the Regional Entities NRC’s assessments of plant performance provision tracks section 215(e)(5) of the should be distinct from the operators of are based on inspections, as well as FPA. In addition, paragraph (a) states the system, such as RTOs and ISOs. analysis of certain performance Should the proposed rule mandate this? indicators reported by the licensees. 18 See http://www.eh.doe.gov/inpo/.

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that the possible remedial action taken demonstrate that: the Regional Entity is 83. Paragraph (e) provides that, if an pursuant to this provision includes, but governed by an independent board, a entity seeking to enter into a delegation is not limited to, suspension or balanced stakeholder board, or a agreement is unable within 180 days rescission of the ERO’s certification or a combination independent and balanced after proposing a delegation agreement Regional Entity’s delegation of stakeholder board; the Regional Entity to the ERO to reach an agreement with authority, and violations of the FPA otherwise satisfies the ERO certification the ERO, and it can demonstrate that may mean possible imposition of civil provisions of proposed regulation continued negotiations with the ERO penalties. Entities will be provided section 38.3; and the agreement would not likely result in a delegation notice and opportunity for comment promotes for effective and efficient agreement within a reasonable amount before the Commission takes such administration of Bulk-Power System of time, such entity may request that the remedial action. reliability. Commission assign the ERO’s authority 75. Paragraph (b) of proposed section 80. The Commission interprets to enforce Reliability Standards within 38.6 provides that the Commission will Subtitle A as meaning the only a region to such entity. Paragraph (f) periodically audit and review the ERO’s delegated authority a Regional Entity requires that an approved Regional and Regional Entities’ compliance with would possess would be the authority to Entity shall periodically submit to the the statutory and regulatory criteria for enforce Reliability Standards approved Commission an application to be re- certification and delegation of functions, by the Commission in a specific region. approved as a Regional Entity. respectively. That interpretation is consistent with 84. In addition to seeking comments 76. What mechanism of review and section 215(a)(7). A Regional Entity may on the rules relating to the delegation of methods of oversight should be used to also propose Reliability Standards to the ERO authority to Regional Entities assure the Commission that the ERO or ERO, that, if ultimately approved by the discussed above, the Commission seeks a Regional Entity is meeting its Commission, would become regional comment on the following related responsibilities for monitoring variances in a specific region. Any such issues: compliance with the Reliability regional variances would be ERO (1) Should the Commission prescribe Standards? variances, not Regional Entity a size, scope, or configuration 77. With respect to any monetary Reliability Standards, since it would be requirement for the Regional Entities? penalties levied directly by the the ERO, not the Regional Entity, that And, if so, what should it be? Commission against the ERO or a submits the proposed Reliability Regional Entity for violation of the FPA, (2) What is the role of the Regional Standard to the Commission for its Entities in relationship to the ERO? should the ERO or a Regional Entity be review. The Commission anticipates (3) Beyond enforcement and the able to recover such penalties through that any such regional variances would proposal of Reliability Standards to the dues, fees, or other charges? supplement ERO Reliability Standards, ERO, what, if any, additional authority 78. Section 215(e)(5) of the FPA not substitute for them. The should the Regional Entities be given? provides that, ‘‘[t]he Commission may Commission seeks comment on this (4) Should the ERO be required to take such action as is necessary or interpretation. appropriate against the ERO or a 81. The Commission interprets submit a standardized form of Regional Entity to ensure compliance section 215 of the FPA to mean that a delegation agreement concurrently with with a Reliability Standard or any Regional Entity shall comply with the the ERO application that would Commission order affecting the ERO or relevant ERO certification and delineate a uniform relationship Regional Entity.’’ Since the ERO and delegation criteria on an ongoing basis, between the ERO and all Regional Regional Entity provisions of the and that a violation of the certification Entities or should delegation agreements Electricity Modernization Act of 2005 or delegation criteria constitutes a be tailored to the individual needs and are modeled on the SRO provisions of violation of the FPA. Accordingly, as circumstances of each region and the the securities law, and under those the Commission explained above with ERO and submitted for approval as they provisions, the Securities and Exchange respect to the ERO in section 38.6(a) and are executed by the parties? Commission can impose monetary and (b), it will conduct periodic compliance (5) To what extent should the ERO, nonmonetary penalties on SRO board audits of the Regional Entities and, if it when delegating responsibility to members, should the Commission adopt finds a violation of the relevant ERO Regional Entities, require uniform the same approach with respect to the certification as it applies to the Regional processes in matters including, but not board members of the ERO and Regional Entities or the ERO delegation criteria, limited to, governance, collection of Entities? the Commission may suspend a dues and fees, compliance monitoring, Regional Entity’s certification or and enforcement action procedures? 7. Delegation of Certain Electric delegation agreement, or decertify a (6) What role, if any, should the ERO Reliability Organization Authority to Regional Entity. In addition, the ERO play in the approval or appeal of an Regional Entities—Section 38.7 may petition the Commission or file a enforcement action undertaken by a 79. Paragraph (a) of proposed complaint if it believes that a Regional Regional Entity? regulation section 38.7 provides that the Entity is no longer in compliance with (7) What, if any, responsibility or ERO may enter into an agreement to the relevant ERO certification or involvement should the ERO have with delegate authority to a Regional Entity delegation criteria. regard to the funding of the Regional for the purpose of proposing Reliability 82. Paragraph (d) provides that the Entities? Standards to the ERO and enforcing Commission may modify such (8) Should the certification and Reliability Standards under section delegation; however, the ERO and delegation criteria for a Cross-Border 38.5. Paragraph (b) provides that a Commission shall rebuttably presume Regional Entity specify that each delegation agreement shall not be that a proposal for delegation to a country represented in the region effective until it is approved by the Regional Entity organized on an should have the opportunity to have Commission. Paragraph (c) provides that Interconnection-wide basis promotes members from the country on the board the ERO must file the delegation effective and efficient administration of of the Regional Entity in numbers that agreement with the Commission for Bulk-Power System reliability and reflect the country’s approximate approval. Such filing must also should be approved. percentage of net energy for load in that

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region, similar to that provided in the change, accompanied by an explanation Reliability Standard may conflict with a bilateral principles? of its basis and purpose. It also provides function, rule, order, tariff, rate (9) Should the Commission set the that a Regional Entity shall submit a schedule, or agreement accepted, standard by which Regional Entity Regional Entity Rule or rule change with approved, or ordered by the applications to the ERO will be the ERO and, upon approval by the Commission with respect to such reviewed or should the ERO be allowed ERO, the ERO shall file with the Transmission Organization, the to determine this standard? Given that Commission for approval of any Transmission Organization shall section 215(e)(4) of the FPA requires proposed Regional Entity Rule or rule expeditiously notify the Commission, that the ERO and the Commission shall change accompanied by an explanation the ERO and the relevant Regional rebuttably presume that a proposal for a of its basis and purpose. Paragraph (b) Entity of the conflict. If any person Regional Entity organized on an provides that the Commission, upon its believes that an approved Reliability Interconnection-wide basis promotes own motion or complaint, may propose Standard includes such a conflict, such effective and efficient administration of changes to the rules of the ERO or a person should notify the Commission of bulk-power reliability, should a higher Regional Entity. such conflict. standard apply to Regional Entities that 86. Paragraph (c) provides that a 89. Paragraph (b) provides that, unless are not organized on an Interconnection- proposed ERO rule or rule change, or the Commission orders otherwise, after wide basis? What should the higher Regional Entity rule or rule change, notice and opportunity for hearing, standard specify? Should a Regional shall take effect upon a finding by within sixty (60) days after the date that Entity not organized on an Commission, after notice and a notice was filed, the Commission will Interconnection-wide basis have the opportunity for comment, that the issue an order determining whether a burden to demonstrate that it has change is just, reasonable, not unduly conflict does, in fact, exist. If the appropriate regional scope and discriminatory or preferential, is in the Commission finds that there is a configuration to promote effective and public interest, and satisfies the conflict, it will seek to resolve the efficient administration of Bulk-Power requirements of section 38.3. conflict by either directing the System reliability? Transmission Organization to file a (10) Paragraph (f) of section 38.7 9. Process for Resolution of Conflicts modification to the conflicting function, requires a Regional Entity approved by With a Reliability Standard—Section rule, order, tariff, rate schedule, or the Commission to periodically submit 38.9 agreement pursuant to section 206 of the to the Commission an application to be 87. Section 215(d)(6) of the FPA FPA (as set forth in the statute) or, if re-approved as a Regional Entity. We requires that the Commission’s final appropriate, directing the ERO to seek comments on what would rule include fair processes for the develop for Commission review a constitute a reasonable length of time identification and timely resolution of proposed modification to the conflicting for such periodic re-approval to be any conflict between a Reliability Reliability Standard. effective. For example, is a five-year Standard and any function, rule, order, approval period appropriate? How far in tariff, rate schedule, or agreement 90. Paragraph (c) provides that, until advance should a Regional Entity be accepted, approved, or ordered by the a determination is made by the required to submit its application for re- Commission applicable to a Commission and any ordered change approval before its current approval Transmission Organization. If a becomes effective, the Transmission period expires? What role, if any, participant in the ERO’s standards Organization shall continue to follow should the ERO have in the re-approval development process perceives a the function, rule, order, tariff, rate process? Would the ERO have to potential conflict, the participant should schedule, or agreement accepted, resubmit a delegation agreement? inform the ERO of the potential conflict approved, or ordered by the (11) Section 215(e)(4) of the FPA and to help assure that proposed standards Commission with respect to such proposed regulation section 38.7(c)(3) do not contain any such conflicts. Transmission Organization. require that the ERO, when filing a However, if any person believes that a 91. The Commission seeks examples delegation agreement, include a proposed standard that the ERO has of situations or areas of concern in statement demonstrating that the submitted to the Commission for which commenters believe that conflicts agreement promotes effective and approval includes such a conflict, such between reliability standards and efficient administration of Bulk-Power person should inform the Commission Transmission Organization tariffs exist System reliability. What standards, of such conflict by intervening and or may arise. guidelines, measures or criteria should commenting in the Commission 10. Procedures for Establishment and the Commission apply in determining proceeding to review the proposed Recognition of Regional Advisory whether a delegation agreement Reliability Standard. Bodies—Section 38.10 promotes effective and efficient 88. If, after the Commission has administration of Bulk-Power System approved a Reliability Standard, a 92. Paragraph (a) of proposed reliability? If the primary function of a Transmission Organization becomes regulation section 38.10 provides that Regional Entity is enforcement of aware of a conflict between a Reliability the Commission shall consider a Reliability Standards, in what ways will Standard and any function, rule, order, petition to establish a Regional Advisory Regional Entities bring effective and tariff, rate schedule, or agreement Body that is submitted by at least two- efficient administration in the accepted, approved, or ordered by the thirds of the states within a region that enforcement function? Commission applicable to such have more than one-half of their electric Transmission Organization, the load served within the region. Paragraph 8. Changes in Electric Reliability Transmission Organization would be (b) provides that a petition shall include Organization Rules and Regional Entity required to utilize the process set forth all organizational documents and a Rules—Section 38.8 in this proposed regulation to resolve statement that the Regional Advisory 85. Paragraph (a) of proposed the conflict. Specifically, paragraph (a) Body is composed of one member from regulation section 38.8 provides that the of proposed regulation section 38.9 each state in the region, appointed by ERO shall file with the Commission for provides that, if a Transmission the governor of each state, and may approval any proposed ERO rule or rule Organization determines that a include representatives of agencies,

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states and provinces outside the United 97. Paragraph (b) of proposed and/or methodology for the allocation States. regulation section 38.12 provides that, and assessment of ERO dues, fees and 93. Paragraph (c) provides that a where a state takes action to ensure the charges; and the certified ERO may Regional Advisory Body may provide safety, adequacy and reliability of subsequently file with the Commission advice to the Commission, ERO or a electric service, the ERO, a Regional a request to modify the plan, formula Regional Entity with respect to the Entity or other party may apply to the and/or methodology from time-to-time governance of an existing or proposed Commission for an order determining in the ERO’s discretion. Paragraph (d) Regional Entity within the same region; whether such state action is inconsistent provides that all entities within the whether a Reliability Standard proposed with a Reliability Standard. The Commission’s jurisdiction as set forth in to apply within the region is just, Commission will, after notice and section 215(b) of the FPA are required reasonable, not unduly discriminatory opportunity for hearing, and taking into to pay the ERO’s assessment of dues, or preferential, and in the public consideration any recommendation of fees and charges in a timely manner interest; whether fees for all activities the ERO, issue a final order determining reasonably designated by the ERO. under this section proposed to be the matter within ninety (90) days. 101. Finally, paragraph (e) provides assessed within the region are just, 98. Paragraph (c) provides that the that any person who submits an reasonable, not unduly discriminatory Commission, after consultation with the application for certification as the ERO or preferential, and in the public ERO and the state taking action, may may include a plan for a transitional interest; and any other responsibilities stay the effectiveness of the state action, funding mechanism that would allow requested by the Commission. pending the Commission’s issuance of a such person, if certified as the ERO, to Paragraph (d) provides that the final order. continue existing operations without Commission may give deference to the interruption as it transitions from one 13. Funding of the Electric Reliability advice of any such Regional Advisory method of funding to another. The Organization—Section 38.13 Body if it is organized on an maximum duration of any proposed Interconnection-wide basis. 99. FPA section 215 does not contain transitional funding mechanism is not 94. In addition to comment on the any specific requirements regarding the to exceed eighteen (18) months from the proposed regulation discussed above, mechanism for funding the ERO, other date of certification. the Commission seeks comment on the than stating that the Commission may 102. The Commission notes that scope of the term ‘‘region’’ as used in certify an ERO if it determines that such NERC currently is funded based on ‘‘net section 38.10. In particular, should the ERO, inter alia, has established rules energy for load,’’ which represents the region represented by a Regional that ‘‘allocate equitably reasonable dues, aggregate annual energy consumption of Advisory Body correspond to that of an fees, and other charges among end users end use customers in a region, with existing or proposed Regional Entity? ***’’ (FPA section 215(c)(2)(B)). The costs of certain programs and tools Commission believes that certainty which benefit only specific regions or 11. Reliability Reports—Section 38.11 regarding the funding of the ERO is parties billed only to the beneficiaries of 95. Paragraph (a) of section 38.11 of essential for the stability and ultimate the programs or tools. The Commission the proposed regulations provides that success of the organization. believes that a funding method based on the ERO shall conduct periodic Accordingly, proposed section 38.13 net energy for load meets the standard assessments of the reliability and provides requirements related to the of section 215(c)(3) of the FPA and adequacy of the Bulk-Power System in funding and budget oversight of the would be appropriate for the allocation North America. This first phrase of this ERO. In particular, paragraphs (a) and and assessment of ERO dues, fees and subsection tracks the statutory language (b) of proposed regulation section 38.13, charges. of section 215(g) of the FPA. In addition, which are intended to make the ERO 103. In addition to comments on the this subsection would set forth the accountable to the Commission for its proposed ERO funding regulations, the frequency of such periodic assessments budget for activities within the United Commission asks for comments on the and identify the entities to which the States, provide that the ERO must file its following questions: ERO must report the results of the proposed annual budget for these (1) Should the proposed funding periodic assessments, including the activities and supporting materials in requirements be extended to the Commission, DOE, Regional Entities, sufficient detail to justify the requested Regional Entities? and Regional Advisory Bodies. funding requirement 130 days in (2) The Commission notes the Paragraph (b) of this subsection would advance of the beginning of each fiscal bilateral principles include several require either annual or quarterly year, and the Commission, after public funding principles: (a) A principle reporting by the ERO and Regional notice and opportunity for comment, specifying that net energy for load Entities on their enforcement actions shall issue an order accepting, rejecting should be the primary basis upon which and the associated penalties assessed, in or remanding and modifying the the costs of the ERO are assigned and a manner to be prescribed by the proposed ERO budget no later than sixty that costs for one region or entity should Commission. (60) days in advance of the beginning of be directly assigned to that region or the ERO’s fiscal year. entity; (b) a principle specifying that 12. Review of State Action—Section 100. Paragraphs (c) and (d) of section funding mechanisms, budget direction 38.12 38.13 are intended to provide a and budget levels should reflect 96. Consistent with section 215(i)(3) Commission-approved mechanism for consultations with appropriate of the FPA, paragraph (a) of proposed mandatory ERO funding. However, stakeholders and authorities in each regulation section 38.12 provides that rather than the Commission dictating a country; and (c) a principle specifying nothing in this regulation shall be funding mechanism, the NOPR would that the appropriate authorities in each construed to preempt any authority of allow an ERO applicant the discretion to country should be responsible for any state to take action to ensure the propose the funding mechanism for approving and ensuring cost recovery by safety, adequacy, and reliability of Commission approval. Specifically, the ERO and Regional Entities within electric service within that state, as long paragraph (c) states that any person who their respective jurisdictions in a timely as such action is not inconsistent with submits an application for certification manner. Should the proposed rule any reliability standard. as the ERO must include a plan, formula address these types of funding-related

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details or should the ERO and Cross- Commission in the Code of Federal Energy Regulatory Commission, fax Border Regional Entities have the Regulations under 18 Part 38. As noted (202) 395–7285, e-mail discretion to address these matters at a above, prior to the enactment of section [email protected]]. later time? 215 of the FPA under the Electricity V. Environmental Analysis Modernization Act of 2005, the 14. Other Matters Commission had acted primarily as an 108. The Commission is required to 104. While the Electricity economic regulator of wholesale power prepare an Environmental Assessment Modernization Act of 2005 can be read markets and the interstate transmission or an Environmental Impact Statement to suggest a two-step process in which grid promoting a more reliable for any action that may have a an applicant will apply for ERO electricity system by promoting regional significant adverse effect on the human certification and then submit proposed coordination and planning of the environment.19 The Commission Reliability Standards after certification interstate grid through ISOs and RTOs, concludes that neither an as the ERO, the Commission interprets adopting transmission pricing policies Environmental Assessment or an the statute as allowing an applicant to that provide price signals for the most Environmental Impact Statement is simultaneously apply for ERO reliable and efficient operation and required for this NOPR pursuant to certification and submit proposed expansion of the grid, and providing section 380.4(a)(2)(ii) of the Commission Reliability Standards for Commission pricing incentives at the wholesale level regulations, which provides a review. The Commission believes that a for investment in grid improvements. ‘‘categorical exclusion’’ for rules that do one-step process would allow for The Electricity Modernization Act of not substantively change the effect of quicker implementation of Reliability 2005 buttresses the Commission’s efforts legislation.20 Standards. Although the Commission is to strengthen the interstate transmission VI. Regulatory Flexibility Act allowing an applicant to submit grid through the grant of new authority Certification multiple Reliability Standards at the pursuant to section 215 of the FPA which provides for a system of 109. The Regulatory Flexibility Act of same time, the Commission interprets 21 section 215 of the FPA as allowing the mandatory reliability rules developed 1980 (RFA) requires that a rulemaking Commission to review each Reliability by the ERO, established by the contain either a description and analysis Standard individually, rather than as a Commission, and enforced by the of the effect that the proposed rule will package. Therefore, the Commission Commission, subject to Commission have on small entities or a certification interprets section 215 as allowing it to review. that the rule will not have a significant reject or require modification of some 106. Section 215 of the FPA provides economic impact on a substantial number of small entities. However, the individual Reliability Standards while that all users, owners and operators of RFA does not define ‘‘significant’’ or at the same time affirming other the Bulk-Power System are subject to ‘‘substantial’’ instead leaving it up to an individual standards submitted the jurisdiction of the Commission for agency to determine the impact of its concurrently. the purposes of approving Reliability Standards and enforcing compliance regulations on small entities. IV. Information Collection Statement with such standards. However, the 110. In drafting this rule, the 105. The Commission estimates the NOPR is limited to developing and Commission has followed the number of applicants to be recognized implementing the processes and provisions of both the RFA and the by the Commission under the proposed procedures which section 215 of the Paperwork Reduction Act to consider rule as the single ERO or as a Regional FPA directs the Commission to develop the potential impact of regulations on Entity as up to three (3) and up to eight and undertake with regard to the small business and other small entities. Specifically, the RFA directs agencies to (8), respectively. As these entities are formation and functions of the ERO and consider four regulatory alternatives to select, special purpose entities of the Regional Entities. lessen the impact on small entities: new federal law and do not yet exist, it Internal Review: The Commission has Tiering or establishment of different is not feasible to survey candidate reviewed these requirements pertaining compliance or reporting requirements organizations to project the anticipated to the certification of an ERO, the for small entities; classification, burden of complying with the proposed establishment of Reliability Standards consolidation, clarification or rule. and Regional Entities and has Title: determined the proposed requirements simplification of compliance and Action: Proposed Information are necessary for the Commission to reporting requirements; performance Collection. meet the statutory provisions of the rather than design standards; and OMB Control No: To be determined. Electricity Modernization Act of 2005. exemptions. The applicant will not be penalized These requirements conform to the 111. As noted above, the Electricity for failure to respond to this information Commission’s plan for efficient Modernization Act of 2005 directs the collection unless the information information collection, communication, Commission to issue a final rule to collection displays a valid OMB control and management within the bulk power implement the requirements of section number or the Commission has system. 215 of the FPA within 180 days after the provided justification as to why the 107. For submitting comments date of its enactment. In accordance control number should not be concerning the collection of information with this directive, the proposed rule is displayed. and the associated burden estimates, intended to implement section 215 of Respondents: Non-profit service please send your comments to: (1) the FPA. In particular, the proposed rule organizations. Federal Energy Regulatory Commission, implements the statutory authority and Necessity of the Information: The 888 First Street, NE., Washington, DC responsibilities assigned to the ERO, information collected from the ERO or 20426 [Attention: Michael Miller, Office Regional Entities under the of the Executive Director, Phone (202) 19 Order No. 486, Regulations Implementing the National Environmental Policy Act, 52 Fed. Reg. requirements of FERC–725 is used by 502–8415, fax (202) 273–0873, e-mail: 47,897 (Dec. 17, 1987), FERC Stats. & Regs., the Commission to implement the [email protected]] and (2) the Regulations Preambles 1986–1990 ¶ 30,783 (1987). statutory provisions of section 215 of Office of Management and Budget 20 18 CFR 380.4(a)(2)(ii) (2005). the FPA and implemented by the [Attention: Desk Officer for the Federal 21 5 U.S.C. 601–12 (2000).

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Regional Entities, and Regional interested persons an opportunity to 38.10 Procedures for Establishment and Advisory Bodies within the United view and/or print the contents of this Recognition of Regional Advisory States except Alaska and Hawaii. The document via the Internet through Bodies. Electricity Modernization Act specifies 38.11 Reliability Reports. FERC’s Home Page (http://www.ferc.gov) 38.12 Review of State Action. that the ERO and Regional Entities are and in FERC’s Public Reference Room 38.13 Funding of the Electric Reliability not departments, agencies or during normal business hours (8:30 a.m. Organization. instrumentalities of the United States to 5 p.m. eastern time) at 888 First Authority: Section 215 of the Federal Government. Street, NE., Room 2A, Washington, DC Power Act. However, the ERO and Regional 20426. Entities will not be like most other 116. From the Commission’s Home § 38.1 Definitions. businesses, profit or not-for-profit. Page on the Internet, this information is As used in this part: Congress created the concept of the ERO available in the Commission’s document Bulk-Power System means facilities and Regional Entities as the select, management system, eLibrary. The full and control systems necessary for special purpose entities that will text of this document is available on operating an interconnected electric transition the oversight of Bulk-Power eLibrary in PDF and Microsoft Word energy transmission network (or any System reliability from voluntary, format for viewing, printing, and/or portion thereof), and electric energy industry organizations to independent downloading. To access this document from generating facilities needed to organizations subject to Commission in eLibrary, type the docket number maintain transmission system jurisdiction and oversight. As such, the excluding the last three digits of this reliability. The term does not include ERO and Regional Entities should not be document in the docket number field. facilities used in the local distribution considered a small entity under the of electric energy. RFA. Accordingly, the proposed 117. User assistance is available for Cross-Border Regional Entity means a reliability rule is not likely to impact eLibrary and the FERC’s Web site during Regional Entity for which the size and certain small entities. normal business hours. For assistance, scope includes a portion of Canada or please contact FERC Online Support at Mexico. VII. Comment Procedures 1–866–208–3676 (toll free) or 202–502– Cybersecurity Incident means a 112. The Commission invites 6652 (e-mail at malicious act or suspicious event that interested persons to submit comments [email protected]), or the disrupts, or was an attempt to disrupt, on the matters and issues proposed in Public Reference Room at 202–502– the operation of those programmable this notice to be adopted, including any 8371, TTY 202–502–8659 (e-mail at electronic devices and communications related matters or alternative proposals [email protected]). networks including hardware, software that commenters may wish to discuss. List of Subjects in 18 CFR Part 38 and data that are essential to the Comments are due October 7, 2005. Reliable Operation of the Bulk-Power Comments must refer to Docket No. Administrative practice and System. RM05–30–000, and must include the procedure, Electric power, Electric Electric Reliability Organization or commenter’s name, the organization utilities, Reporting and recordkeeping ‘‘ERO’’ means the organization certified represented, if applicable, and the requirements. by the Commission under § 38.3 the commenter’s address. Comments may be By direction of the Commission. purpose of which is to establish and filed either in electronic or paper Magalie R. Salas, enforce Reliability Standards for the format. Bulk-Power System, subject to Secretary. 113. Comments may be filed Commission review. electronically via the eFiling link on the In consideration of the foregoing, the ERO Rules means, for purposes of this Commission’s Web site at http:// Commission proposes to amend Chapter section, the bylaws, rules of procedure www.ferc.gov. The Commission accepts I, Title 18, Code of Federal Regulations, and other organizational rules and most standard word processing formats by adding Part 38 to read as follows: protocols of the Electric Reliability and commenters may attach additional Organization. files with supporting information in PART 38—RULES CONCERNING Interconnection means a geographic certain other file formats. Commenters CERTIFICATION OF THE ELECTRIC area in which the operation of Bulk- filing electronically do not need to make RELIABILITY ORGANIZATION; AND Power System components is a paper filing. Commenters that are not PROCEDURES FOR THE synchronized such that the failure of able to file comments electronically ESTABLISHMENT, APPROVAL, AND one or more of such components may must send an original and fourteen (14) ENFORCEMENT OF ELECTRIC adversely affect the ability of the copies of their comments to: Federal RELIABILITY STANDARDS operators of other components within Energy Regulatory Commission, Office Sec. the system to maintain Reliable of the Secretary, 888 First Street NE., 38.1 Definitions. Operation of the facilities within their Washington, DC 20426. 38.2 Jurisdiction and Applicability. control. 114. All comments will be placed in 38.3 Electric Reliability Organization Regional Advisory Body means an the Commission’s public files and may certification. entity established upon petition to the be viewed, printed, or downloaded 38.4 Approval of Reliability Standards. Commission pursuant to section 215(j) remotely as described in the Document 38.5 Enforcement of Reliability Standards. of the FPA that is organized to advise Availability section below. Commenters 38.6 Enforcement of Commission Rules and the Electric Reliability Organization, a on this proposal are not required to Orders. Regional Entity, or the Commission 38.7 Delegation of certain Electric regarding certain matters in accordance serve copies of their comments on other Reliability Organization Authority to commenters. Regional Entities. with § 38.10. Regional Entity means an entity VIII. Document Availability 38.8 Changes in Electric Reliability Organization Rules and Regional Entity having enforcement authority pursuant 115. In addition to publishing the full Rules. to section 38.7. text of this document in the Federal 38.9 Process for Resolution of Conflicts Regional Entity Rules means, for Register, the Commission provides all With a Reliability Standard. purposes of this Part, the bylaws, rules

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of procedure and other organizational level of reliability of the Bulk-Power Reliability Standard or modification to a rules and protocols of a Regional Entity. System, and Reliability Standard, Reliability Standard means a (2) Has established rules that: (2) The Commission shall give due requirement approved by the (i) Assure its independence of users, weight to the technical expertise of a Commission under this section, to owners and operators of the Bulk-Power Regional Entity organized on an provide for Reliable Operation of the System while assuring fair stakeholder Interconnection-wide basis with respect Bulk-Power System. The term includes representation in the selection of its to a Reliability Standard to be requirements for the operation of directors and balanced decisionmaking applicable within that Interconnection, existing Bulk-Power System facilities, in any Electric Reliability Organization and including cybersecurity protection, and committee or subordinate organizational (3) The Commission shall not defer to the design of planned additions or structure; the Electric Reliability Organization or a modifications to such facilities to the (ii) Allocate equitably reasonable Regional Entity with respect to the effect extent necessary to provide for Reliable dues, fees and charges among end users of a Reliability Standard or modification Operation of the Bulk-Power System, for all activities under this section; to a Reliability Standard on but the term does not include any (iii) Provide fair and impartial competition. requirement to enlarge such facilities or procedures for enforcement of (c) An approved Reliability Standard to construct new transmission capacity Reliability Standards through the or a modification to a Reliability or generation capacity. imposition of penalties in accordance Standard shall take effect as approved Reliable Operation means operating with § 38.5, including limitations on by the Commission. the elements of the Bulk-Power System activities, functions, operations, or other (d) The Electric Reliability within equipment and electric system appropriate sanctions or penalties; Organization shall rebuttably presume thermal, voltage, and stability limits so (iv) Provide reasonable notice and that a proposal for a Reliability Standard that instability, uncontrolled separation, opportunity for public comment, due or a modification to a Reliability or cascading failures of such system will process, openness, and balance of Standard to be applicable on an not occur as a result of a sudden interests in developing Reliability Interconnection-wide basis is just, disturbance, including a Cybersecurity Standards, and otherwise exercising its reasonable, not unduly discriminatory Incident, or unanticipated failure of duties; and or preferential, and in the public system elements. (v) Provide appropriate steps, after interest, if such proposal is from a Transmission Organization means a certification by the Commission as the Regional Entity organized on an regional transmission organization, Electric Reliability Organization, to gain Interconnection-wide basis. independent system operator, recognition in Canada and Mexico. (e) The Commission shall remand to independent transmission provider, or (c) The approved ERO is required to the Electric Reliability Organization for other transmission organization finally periodically submit an application to be further consideration a proposed approved by the Commission for the recertified as the ERO, in accordance Reliability Standard or modification to a operation of transmission facilities. with any requirements the Commission Reliability Standard that the issues in this regard. Commission disapproves in whole or § 38.2 Jurisdiction and applicability. part. § 38.4 Approval of Reliability Standards. Within the United States (other than (f) The Commission may, upon its Alaska and Hawaii), the Electric (a) The Electric Reliability own motion or a complaint, order the Reliability Organization, any Regional Organization must consider and develop Electric Reliability Organization to Entities, and all users, owners and Reliability Standards or modifications to submit a proposed Reliability Standard operators of the Bulk-Power System, Reliability Standards to be applicable to or modification to a Reliability Standard including but not limited to entities the entire Bulk-Power System or a that addresses a specific matter if the described in section 201(f) of the particular region or Interconnection. Commission considers such a new or Federal Power Act, shall be subject to The Electric Reliability Organization modified Reliability Standard the jurisdiction of the Commission for shall file each Reliability Standard or appropriate to carry out this section. the purposes of approving Reliability modification to a Reliability Standard (g) The Commission may, upon its Standards established under this section that it proposes to be made effective own motion or a complaint, review a and enforcing compliance with this under this section with the Commission. previously-approved Reliability section. The filing shall include an original and Standard. If, after notice and fourteen (14) copies, a form of notice, a opportunity for hearing, the § 38.3 Electric Reliability Organization concise statement of the basis and Commission determines that the certification. purpose of the standard and a summary Reliability Standard, or any provision (a) Any person may submit an of the standard development thereof, is unjust or unreasonable, application to the Commission for proceedings conducted by the Electric unduly discriminatory or preferential, certification as an Electric Reliability Reliability Organization. or not in the public interest, the Organization no later than sixty (60) (b) The Commission may approve by Commission may remand the Reliability days following Commission issuance of rule or order a proposed Reliability Standard to the Electric Reliability the final rule. Such application shall Standard or a modification to a Organization. include a form of notice and an original Reliability Standard if it determines, (h) The Commission, when remanding and fourteen (14) copies of the after notice and opportunity for public a Reliability Standard, may state a application. hearing, that the standard is just, deadline by which the Electric (b) The Commission may certify one reasonable, not unduly discriminatory Reliability Organization must submit a such applicant as an Electric Reliability or preferential, and in the public proposed revised Reliability Standard. Organization, if the Commission interest. determines such applicant: (1) The Commission shall give due § 38.5 Enforcement of Reliability (1) Has the ability to develop and weight to the technical expertise of the Standards. enforce, subject to § 38.5, Reliability Electric Reliability Organization with (a) The Electric Reliability Standards that provide for an adequate respect to the content of a proposed Organization, or a Regional Entity, may

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impose, subject to paragraph (d) of this (2) Application to the Commission for within sixty (60) days of the date the section, a penalty on a user, owner or review, or the initiation of review by the application is filed. Expedited operator of the Bulk-Power System for a Commission on its own motion, shall procedures shall be established for any violation of a Reliability Standard not operate as a stay of such penalty hearing before an administrative law approved by the Commission under unless the Commission otherwise orders judge on a case by case basis. § 38.4 if the Electric Reliability upon its own motion or upon (8) Unless the Commission Organization or the Regional Entity, application by the user, owner or determines otherwise, an enforcement after public notice and opportunity for operator that is the subject of such action pursuant to § 38.5 that involves a hearing: penalty. Cybersecurity Incident will be non- (1) Finds that the user, owner or (3) In any proceeding to review a public. The user, owner or operator of operator has violated a Reliability penalty imposed under paragraph (a) of the Bulk-Power System that is the Standard approved by the Commission this section, the Commission, after subject of the enforcement action will be under § 38.4; and public notice and opportunity for given timely notice and an opportunity (2) Files notice and the record of the hearing (which hearing may consist for hearing. The public will not be Electric Reliability Organization’s or solely of the record before the Electric notified and the public will not be Regional Entity’s proceeding with the Reliability Organization or Regional allowed to participate in an enforcement Commission. Simultaneously with the Entity and the opportunity for the action before the Electric Reliability filing of a notice with the Commission, presentation of supporting reasons to Organization, a Regional Entity or the the Electric Reliability Organization or affirm, modify, or set aside the penalty), Commission. Regional Entity shall serve a copy of the shall by order affirm, set aside or modify (e) On its own motion or upon notice on the entity that is the subject the penalty and, if appropriate, remand complaint, the Commission may order of the enforcement action. to the Electric Reliability Organization compliance with a Reliability Standard (b) A Regional Entity shall file notice or Regional Entity for further and may impose a penalty against a with the Electric Reliability proceedings. user, owner or operator of the Bulk- Organization of any enforcement action (4) An applicant shall file an original Power System, if the Commission finds, it takes. and fourteen (14) copies of an after public notice and opportunity for (c) Any notice of an enforcement application for review and shall comply hearing, that the user, owner or operator action, whether by the Electric with the requirements set forth in the of the Bulk-Power System has engaged Reliability Organization or a Regional Commission’s Rules of Practice and or is about to engage in any acts or Entity, shall consist of: Procedure, unless otherwise directed by practices that constitute or will (1) The name of the entity against the Commission. An application shall constitute a violation of a Reliability whom the enforcement action was contain a complete and detailed Standard. taken; explanation of the reasons why the (f) Any penalty imposed for the (2) A statement describing the applicant believes that the Electric violation of a Reliability Standard shall enforcement action taken; Reliability Organization or Regional bear a reasonable relation to the (3) A statement setting forth findings Entity erred when assessing the penalty, seriousness of the violation and shall of fact with respect to the act or practice the amount of the penalty or the form take into consideration efforts of such that resulted in the enforcement action; of the penalty, and such application user, owner or operator of the Bulk- (4) A statement describing any must provide any additional support for Power System to remedy the violation sanction imposed; this contention that is not included in in a timely manner. The imposition of (5) The record of the proceeding; the record submitted by the Electric penalties is not limited to monetary (6) A form of notice suitable for Reliability Organization or Regional penalties and may include, but is not publication; and Entity pursuant to this section. limited to, limitations on activities, (7) Other matters the Electric (5) Unless otherwise ordered by the functions, operations, or other Reliability Organization or the Regional Commission, answers, interventions, appropriate sanctions, including the Entity, as appropriate, may find and comments to an application for establishment of a reliability watch list relevant. review of a penalty imposed under composed of major violators. Monetary (d) A penalty imposed under paragraph (a) of this section must be penalties shall be paid in a timely paragraph (a) of this section may take filed within twenty (20) days after the manner. effect not earlier than the thirty-first application is filed. (g) Reporting of Violations and (31st) day after the Electric Reliability (6) One of the following procedures Potential Violations: The Electric Organization or Regional Entity files may be used to resolve application for Reliability Organization and all with the Commission notice of the review of a penalty imposed under Regional Entities shall have in place penalty and the record of the paragraph (a) of this section: procedures to immediately notify the proceedings. (i) The Commission may issue an Commission of all violations and (1) Such penalty shall be subject to order on the merits to affirm, set aside, potential violations of Reliability review by the Commission, on its own reinstate or modify the penalty and, if Standards when the Electric Reliability motion or upon application by the user, appropriate, remand to the Electric Organization or Regional Entity first owner or operator of the Bulk-Power Reliability Organization or Regional notifies the user, owner or operator of System that is the subject of the penalty Entity based upon the pleadings; or the violation or potential violation. filed within thirty (30) days after the (ii) The Commission may establish a (1) Any person that submits an date such notice is filed with the hearing before an administrative law application to the Commission for Commission. In the absence of the filing judge or initiate such further procedures certification as an Electric Reliability of an application for review or motion as may be appropriate. Organization shall include in such or other action by the Commission, the (7) Expedited review. Unless application a proposal for the enforcement action shall be affirmed by determined otherwise by the notification and reporting to the operation of law upon the expiration of Commission on a case by case basis, the Commission of all violations and the 30-day period for filing of an Commission shall take action on an potential violations of Reliability application for review. application for review of a penalty Standards.

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(2) Any agreement for the delegation fourteen (14) copies of a delegation Electric Reliability Organization or of authority to a Regional Entity shall agreement. In addition, such filing shall Regional Entity to develop the proposal. include a proposal for the notification include a detailed statement (b) The Commission upon its own and reporting to the Commission of all demonstrating that: motion or complaint may propose violations and potential violations of (1) The Regional Entity is governed by changes to the Electric Reliability Reliability Standards. an independent board, a balanced Organization rules or Regional Entity (3) All reports of violations and stakeholder board, or a combination rules. potential violations shall include the independent and balanced stakeholder (c) A proposed Electric Reliability entity’s name, when the violation or board, Organization rule or rule change or potential occurred, what standard was (2) The Regional Entity otherwise Regional Entity rule or rule change shall violated or potentially violated and the satisfies the provisions of § 38.3, and take effect upon a finding by Commission, after notice and name of a person knowledgeable about (3) The agreement promotes effective the violation or potential violation to opportunity for public comment, that and efficient administration of Bulk- serve as a point of contact to provide the the change is just, reasonable, not Power System reliability. Commission with further details on the unduly discriminatory or preferential, is matter, as they develop, on an ongoing (d) The Commission may modify such in the public interest, and satisfies the basis. delegation; however, the Electric requirements of § 38.3. (4) All reports of violations and Reliability Organization and potential violations shall be filed Commission shall rebuttably presume § 38.9 Process for resolution of conflicts with a Reliability Standard. electronically with the Commission. that a proposal for delegation to a Regional Entity organized on an (a) If a Transmission Organization § 38.6 Enforcement of Commission Rules Interconnection-wide basis promotes determines that a Reliability Standard and Orders. effective and efficient administration of may conflict with a function, rule, (a) The Commission may take such Bulk-Power System reliability and order, tariff, rate schedule, or agreement action as is necessary and appropriate should be approved. accepted, approved, or ordered by the against the Electric Reliability (e) If an entity seeking to enter into a Commission with respect to such Organization or a Regional Entity to delegation agreement is unable to reach Transmission Organization, the ensure compliance with a Reliability an agreement with the Electric Transmission Organization shall Standard or any Commission order Reliability Organization within 180 days expeditiously notify the Commission, affecting the Electric Reliability after proposing a delegation agreement the Electric Reliability Organization and Organization or a Regional Entity, to the Electric Reliability Organization, the relevant Regional Entity of the including, but not limited to: and it can demonstrate that continued conflict. (1) Upon notice and opportunity for negotiations with the Electric Reliability (b) Unless the Commission orders hearing, suspension or rescission of the Organization would not likely result in otherwise, after notice and opportunity Commission’s grant of certification to a delegation agreement within a for hearing, within sixty (60) days of the the Electric Reliability Organization, if reasonable period of time, such entity date that a notice was filed under the Electric Reliability Organization no may request that the Commission assign paragraph (a) of this section, the longer meets the statutory standards for the Electric Reliability Organization’s Commission shall issue an order certification. authority to enforce Reliability determining whether a conflict exists (2) Upon notice and opportunity for Standards within a region to such and, if so, resolve the conflict by hearing, suspension or rescission of the entity. directing Commission’s approval of an agreement (i) The Transmission Organization to (f) An approved Regional Entity shall to delegate certain Electric Reliability file a modification of the conflicting be required to periodically submit an Organization authority to a Regional function, rule, order, tariff, rate application to be re-approved as a Entity. schedule, or agreement pursuant to (3) Imposition of civil penalties under Regional Entity, in accordance with any section 206 of the Federal Power Act or the Federal Power Act. requirements the Commission issues in (ii) The Electric Reliability (b) The Commission will periodically this regard. Organization to propose a modification audit and review the Electric Reliability § 38.8 Changes in Electric Reliability to the conflicting Reliability Standard Organization’s and Regional Entities’ Organization Rules and Regional Entity pursuant to § 38.4 of the Commission’s compliance with the statutory and Rules. regulations. (c) The Transmission Organization regulatory criteria for certification and (a) The Electric Reliability shall continue to follow the function, delegation of functions. Organization shall file with the rule, order, tariff, rate schedule, or Commission for approval any proposed § 38.7 Delegation of certain Electric agreement accepted, approved, or Electric Reliability Organization Rule or Reliability Organization authority to ordered by the Commission until the Regional Entities. rule change. A Regional Entity shall Commission finds that a conflict exists, (a) The Electric Reliability submit a Regional Entity Rule or rule the Commission orders a change to such Organization may enter into an change with the Electric Reliability provision pursuant to section 206 of the agreement to delegate authority to a Organization and, upon approval by the Federal Power Act, and the ordered Regional Entity for the purpose of Electric Reliability Organization, the change becomes effective. proposing Reliability Standards to the Electric Reliability Organization shall Electric Reliability Organization and file with the Commission for approval of § 38.10 Procedures for establishment and enforcing Reliability Standards under any proposed Regional Entity Rule or recognition of Regional Advisory Bodies. § 38.5(a). rule change. Such filing by the Electric (a) The Commission shall consider a (b) A delegation agreement shall not Reliability Organization shall be petition to establish a Regional Advisory be effective until it is approved by the accompanied by an explanation of the Body that is submitted by at least two- Commission. basis and purpose for the rule or rule thirds of the states within a region that (c) The Electric Reliability change, together with a description of have more than one-half of their electric Organization shall file an original and the proceedings conducted by the load served within the region.

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(b) A petition to establish a Regional Reliability Organization, Regional Entity are required to pay the Electric Advisory Body shall include all or other affected party may apply to the Reliability Organization’s assessment of organizational documents and a Commission for a determination of dues, fees and charges in a timely statement that the Regional Advisory consistency with a Commission- manner reasonably designated by the Body is composed of one member from approved Reliability Standard. Electric Reliability Organization . each participating state in the region, (1) The application shall: (e) Any person who submits an appointed by the governor of each state, (i) Identify the state action application for certification as the and may include representatives of complained of; Electric Reliability Organization agencies, states and provinces outside (ii) Identify the Reliability Standard(s) pursuant to the rules set forth in this the United States. with which the state action is claimed section may include in such application (c) A Regional Advisory Body to be inconsistent; a plan for a transitional funding established by the Commission may (iii) State the basis for the claim that mechanism that would allow such provide advice to the Commission, the state action is inconsistent with a person, if certified as the Electric Electric Reliability Organization or a Reliability Standard; and Reliability Organization, to continue Regional Entity with respect to: (iv) Include a form of notice. existing operations without interruption (1) The governance of an existing or (2) Within ninety (90) days of the as it transitions from one method of proposed Regional Entity within the application of the Electric Reliability funding to another. The maximum same region; Organization or other affected party, and duration of any proposed transitional (2) Whether a Reliability Standard after notice and opportunity for public funding mechanism is not to exceed proposed to apply within the region is comment, the Commission shall issue a eighteen (18) months from the date of just, reasonable, not unduly final order determining whether the certification. discriminatory or preferential, and in state action is inconsistent with a [FR Doc. 05–17752 Filed 9–6–05; 8:45 am] Reliability Standard, taking into the public interest; BILLING CODE 6717–01–P (3) Whether fees for all activities consideration any recommendation of under this section proposed to be the Electric Reliability Organization. (c) The Commission, after assessed within the region are just, DEPARTMENT OF JUSTICE reasonable, not unduly discriminatory consultation with the Electric Reliability or preferential, and in the public Organization and the state taking action, 28 CFR Part 16 interest; and may stay the effectiveness of the state (4) Any other responsibilities action, pending the Commission’s [AAG/A Order No. 009–2005] issuance of a final order. requested by the Commission. Justice Management Division; Privacy (d) The Commission may give § 38.13 Funding of the Electric Reliability Act of 1974; Implementation deference to the advice of a Regional Organization. Advisory Body established by the AGENCY: Justice Management Division, (a) The Electric Reliability Commission if it is organized on an Justice. Interconnection-wide basis. Organization shall file with the Commission its proposed annual budget ACTION: Proposed rule. § 38.11 Reliability reports. for activities within the United States SUMMARY: The Department of Justice (a) The Electric Reliability and supporting materials in sufficient (DOJ), Justice Management Division Organization shall conduct periodic detail to justify the requested funding (JMD), proposes to exempt from certain assessments of the reliability and requirement 130 days in advance of the subsections of the Privacy Act, a new adequacy of the Bulk-Power System in beginning of each fiscal year. Privacy Act system of records entitled North America and report its findings to (b) The Commission, after public ‘‘Federal Bureau of Investigation the Commission, the Secretary of notice and opportunity for comment, Whistleblower Case Files, JMD–023,’’ as Energy, Regional Entities, and Regional shall issue an order either accepting, described in today’s notice section of Advisory Bodies annually or more rejecting or remanding or modifying the the Federal Register. The system frequently if so ordered by the proposed Electric Reliability maintains all documents and evidence Commission. Organization budget and business plan filed with the Director of the Office of (b) The Electric Reliability no later than sixty (60) days in advance Attorney Recruitment and Management Organization and Regional Entities shall of the beginning of the Electric (OARM), JMD, pertaining to requests for report on their enforcement actions and Reliability Organization’s fiscal year. corrective action by employees of, or associated penalties to the Commission, (c) Any person who submits an applicants for employment with, the the Secretary of Energy, relevant application for certification as the Federal Bureau of Investigation (FBI) (or Regional Entities, and relevant Regional Electric Reliability Organization recommendations for corrective action Advisory Bodies annually or quarterly, pursuant to the rules set forth in this by the Office of the Inspector General or in a manner to be prescribed by the section shall include in such Office of Professional Responsibility) Commission. application a plan, formula and/or brought under the FBI’s whistleblower methodology for the allocation and regulations. § 38.12 Review of state action. assessment of Electric Reliability (a) Nothing in this regulation shall be Organization dues, fees and charges. DATES: Submit any comments by construed to preempt any authority of The certified Electric Reliability October 17, 2005. any state to take action to ensure the Organization may subsequently file with ADDRESSES: Address all comments in safety, adequacy, and reliability of the Commission a request to modify the writing to Mary Cahill, Management and electric service within that state, as long plan, formula and/or methodology from Planning Staff, Justice Management as such action is not inconsistent with time-to-time in the Electric Reliability Division, Department of Justice, any reliability standard. Organization’s discretion. Washington, DC 20530 (1400 National (b) Where a state takes action to (d) All entities within the Place Building), Facsimile Number (202) ensure safety, adequacy, and reliability Commission’s jurisdiction as set forth in 307–1853. To ensure proper handling, of electric service, the Electric section 215(b) of the Federal Power Act please reference the AAG/A Order No.

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on your correspondence. You may within this system is subject to present a serious impediment to such review an electronic version of this exemptions pursuant to 5 U.S.C. investigations. proposed rule at http:// 552a(j)(2) and (k). (8) Subsection (e)(3). To inform www.regulations.gov. You may also (d) Exemption from the particular individuals as required by this comment via the Internet to the DOJ/ subsections is justified for the following subsection could reveal the existence of Justice Management Division at the reasons: a criminal investigation and following e-mail address: (1) Subsection (c)(3). To provide the compromise investigative efforts. DOJPrivacyACTProposed subject with an accounting of (9) Subsection (e)(5). It is often [email protected]; or by using the disclosures of records in this system impossible to determine in advance if http://www.regulations.gov comment could inform that individual of the investigatory information contained in form for this regulation. When existence, nature, or scope of an actual this system is accurate, relevant, timely submitting comments electronically, or potential law enforcement or and complete, but, in the interests of you must include the AAG/A Order No. counterintelligence investigation, and effective law enforcement and in the subject box. thereby seriously impede law counterintelligence, it is necessary to FOR FURTHER INFORMATION CONTACT: enforcement or counterintelligence retain this information to aid in Mary Cahill, (202) 307–1823. efforts by permitting the record subject establishing patterns of activity and SUPPLEMENTARY INFORMATION: The FBI’s and other persons to whom he might provide investigative leads. whistleblower regulations are at 28 CFR disclose the records to avoid criminal (10) Subsection (e)(8). To serve notice part 27; the specific role of the OARM penalties, civil remedies, or could give persons sufficient warning to is at 28 CFR part 27.4. This is the basis counterintelligence measures. evade investigative efforts. for the new system of records, ‘‘Federal (2) Subsection (c)(4). This subsection (11) Subsection (g). This subsection is Bureau of Investigation Whistleblower is inapplicable to the extent that an inapplicable to the extent that the Case Files, JMD–023.’’ The DOJ/JMD exemption is being claimed for system is exempt from other specific proposes to exempt this system of subsection (d). subsections of the Privacy Act. records from 5 U.S.C. 552a(c)(3) and (4); (3) Subsection (d)(1). Information Dated: August 31, 2005. (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), within this record system could relate to Paul R. Corts, and (8); and (g). The exemptions will be official federal investigations and Assistant Attorney General for applied only to the extent that matters of law enforcement. Individual Administration. information in a record is subject to access to these records could [FR Doc. 05–17701 Filed 9–6–05; 8:45 am] compromise ongoing investigations, exemption pursuant to 5 U.S.C. BILLING CODE 4410–FR–P 552a(j)(2) and (k). reveal confidential informants and/or This order relates to individuals sensitive investigative techniques used rather than small business entities. in particular investigations, or FEDERAL MEDIATION AND Nevertheless, pursuant to the constitute unwarranted invasions of the CONCILIATION SERVICE requirements of the Regulatory personal privacy of third parties who Flexibility Act, 5 U.S.C. 601–612, this are involved in a certain investigation. 29 CFR Part 1404 order will not have a significant Disclosure may also reveal information economic impact on a substantial relating to actual or potential law Proposed Changes to Arbitration number of small entities. enforcement investigations. Disclosure Policies, Functions, and Procedures of classified national security List of Subjects in 28 CFR Part 16 information would cause damage to the AGENCY: Federal Mediation and Administrative Practices and national security of the United States. Conciliation Service. Procedures, Courts, Freedom of (4) Subsection (d)(2). Amendment of ACTION: Proposed rule: extension of Information, Sunshine Act, Privacy. these records could interfere with comment period. Pursuant to the authority vested in the ongoing criminal or civil law Attorney General by 5 U.S.C. 552a and enforcement proceedings and impose an SUMMARY: This document extends the delegated to me by Attorney General impossible administrative burden by comment period for the proposed rule Order No. 793–78, it is proposed to requiring investigations to be published on July 7, 2005 at 70 FR page amend 28 CFR part 16 as follows: continuously reinvestigated. 39209. 1. The authority for part 16 continues (5) Subsections (d)(3) and (4). These The Federal Mediation and to read as follows: subsections are inapplicable to the Conciliation Service (FMCS) is Authority: 5 U.S.C. 301, 552, 552a, 552b(g), extent exemption is claimed from (d)(1) proposing to revise 29 CFR part 1404, and 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, and (2). Arbitration Services. The revisions are 510, 534; 31 U.S.C. 3717, 9701. (6) Subsection (e)(1). It is often intended to set forth the criteria and impossible to determine in advance if procedures for listing on the arbitration § 16.76 [Amended] investigatory information contained in roster, removal from the arbitration 2. Section 16.76 is amended by this system is accurate, relevant, timely roster, and expedited arbitration adding paragraphs (c) and (d) to read as and complete, but, in the interests of processing. Other changes include how follows: effective law enforcement and parties may request arbitration lists or panels and fees associated with the * * * * * counterintelligence, it is necessary to (c) The following system of records is retain this information to aid in arbitrators. The purpose of these exempted from 5 U.S.C. 552a(c)(3) and establishing patterns of activity and changes is to facilitate the management (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), provide investigative leads. and administration of the arbitration (5), and (8); and (g): Federal Bureau of (7) Subsection (e)(2). To collect roster. Investigation Whistleblower Case Files information from the subject individual DATES: Written comments must be (Justice/JMD–023). These exemptions could serve to notify the subject submitted to the office listed in the apply only to the extent that individual that he or she is the subject address section below on or before information in a record contained of a criminal investigation and thereby December 6, 2005.

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ADDRESSES: Submit comments to the State, local, or tribal governments or Authority: Pub. L. 93–579, 88 Stat 1896 (5 Maria A. Fried, General Counsel, communities; (2) Create a serious U.S.C. 552a). Federal Mediation and Conciliation inconsistency or otherwise interfere 2. Revise § 310.1 to read as follows: Service, 2100 K Street, NW., with an action taken or planned by Washington, DC 20427. Comments may another Agency; (3) Materially alter the § 310.1 Reissuance. be submitted also by fax at (202) 606– budgetary impact of entitlements, This part is reissued to consolidate 5345 or electronic mail (e-mail) to grants, user fees, or loan programs, or into a single document (32 CFR part [email protected]. All comments and the rights and obligations of recipients 310) Department of Defense (DoD) data in electronic form must be thereof; or (4) Raise novel legal or policy policies and procedures for identified by the appropriate agency issues arising out of legal mandates, the implementing the Privacy Act of 1974, form number. President’s priorities, or the principles as amended (5 U.S.C. 552a) by FOR FURTHER INFORMATION CONTACT: set forth in this Executive order. authorizing the development, Maria A. Fried, General Counsel and Public Law 96–354, ‘‘Regulatory publication and maintenance of the DoD Federal Register Liaison, FMCS, 2100 K Flexibility Act’’ (5 U.S.C. Chapter 6) Privacy Program set forth by DoD Street, NW., Washington, DC 20427. Directive 5400.11, November 16, 2004, It has been determined that Privacy Telephone (202) 606–5444; Fax (202) and 5400.11–R, August 31, 1983, both Act rules for the Department of Defense 606–5345. entitled: ‘‘DoD Privacy Program.’’ do not have significant economic impact Dated: August 31, 2005. on a substantial number of small entities 3. Amend § 310.3 by revising Maria A. Fried, because they are concerned only with paragraph (a) to read as follows: General Counsel and Federal Register the administration of Privacy Act § 310.3 Applicability and scope. Contact. systems of records within the [FR Doc. 05–17648 Filed 9–6–05; 8:45 am] Department of Defense. (a) Applies to the Office of the BILLING CODE 6732–01–P Secretary of Defense (OSD), the Military Public Law 96–511, ‘‘Paperwork Departments, the Chairman of the Joint Reduction Act’’ (44 U.S.C. Chapter 35) Chiefs of Staff, the Combatant DEPARTMENT OF DEFENSE It has been determined that Privacy Commands, the Office of the Inspector Act rules for the Department of Defense General of the Department of Defense Office of the Secretary impose no information requirements (IG, DoD), the Defense Agencies, the beyond the Department of Defense and DoD Field Activities, and all other 32 CFR Part 310 that the information collected within organizational entities in the the Department of Defense is necessary Department of Defense (hereinafter Department of Defense Privacy and consistent with 5 U.S.C. 552a, referred to collectively as ‘‘the DoD Program known as the Privacy Act of 1974. Components’’). This part is mandatory AGENCY: for use by all DoD Components. Heads Department of Defense. Section 202, Public Law 104–4, ACTION: Proposed rule. of DoD Components may issue ‘‘Unfunded Mandates Reform Act’’ supplementary instructions only when SUMMARY: The Department of Defense is It has been determined that Privacy necessary to provide for unique proposing to update policies and Act rulemaking for the Department of requirements within their Components. responsibilities for the Defense Privacy Defense does not involve a Federal Such instructions will not conflict with Program which implements the Privacy mandate that may result in the the provisions of this part. Act of 1974 by showing organizational expenditure by State, local and tribal * * * * * changes and realignments and by governments, in the aggregate, or by the 4. Amend § 310.4 by revising the revising referenced statutory and private sector, of $100 million or more definition of Individual to read as regulatory authority. and that such rulemaking will not follows: DATES: Comments must be received on significantly or uniquely affect small or before November 7, 2005 to be governments. § 310.4 Definitions. considered by this agency. Executive Order 13132, ‘‘Federalism’’ * * * * * ADDRESSES: Send comments to the Individual. A living person who is a It has been determined that Privacy Director, Defense Privacy Office, 1901 citizen of the United States or an alien Act rules for the Department of Defense South Bell Street, Suite 920, Arlington, lawfully admitted for permanent do not have federalism implications. VA 22202–4512. residence. The parent of a minor or the The rules do not have substantial direct FOR FURTHER INFORMATION CONTACT: Mr. legal guardian of any individual also effects on the States, on the relationship Vahan Moushegian, Jr., at (703) 607– may act on behalf of an individual. between the National Government and 2943. Members of the United States Armed the States, or on the distribution of Forces are individuals. Corporations, SUPPLEMENTARY INFORMATION: power and responsibilities among the partnerships, sole proprietorships, various levels of government. Executive Order 12866, ‘‘Regulatory professional groups, businesses, Planning and Review’’ List of Subjects in 32 CFR Part 310 whether incorporated or unincorporated, and other commercial It has been determined that Privacy Privacy. Act rules for the Department of Defense entities are not individuals. Accordingly, 32 CFR part 310, are not significant rules. The rules do * * * * * Subpart A–DoD Policy, is proposed to not (1) have an annual effect on the 5. Amend § 310.5 as follows: economy of $100 million or more or be amended as follows: a. Remove the introductory text; adversely affect in a material way the PART 310—DOD PRIVACY PROGRAM economy; a sector of the economy; b. Revise paragraphs (a) and (g); productivity; competition; jobs; the 1. The authority citation for 32 CFR c. Add paragraph (j) to read as environment; public health or safety; or part 310 continues to read as follows: follows:

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§ 310.5 Policy. c. Revise newly redesignated (d)(1)(vi) Component concerned, to serve on the (a) The privacy of an individual is a and (d)(1)(x) to read as follows: Committee on those occasions when personal and fundamental right that specialized knowledge or expertise shall § 310.9 Privacy boards and office shall be respected and protected. composition and responsibilities. be required. * * * * * (a) * * * * * * * * (g) Disclosure of records pertaining to (1) Membership. The Board shall (d) The Defense Privacy Office. personnel of the National Security consist of the DA&M, OSD, who shall (1) * * * Agency, the Defense Intelligence serve as the Chair; the Director of the (vi) Review proposed DoD Component Agency, the National Reconnaissance Defense Privacy Office, DA&M, who privacy rulemaking, to include Office, and the National Geospatial- shall serve as the Executive Secretary submission of the rule to the Office of Intelligence Agency shall be prohibited and as a member; The representatives the Federal Register for publication and to the extent authorized by Public Law designated by the Secretaries of the providing OMB and the Congress 86–36 (1959) and 10 U.S.C. 424. Military Departments; and the following reports, consistent with 5 U.S.S. 552a, Disclosure of records pertaining to officials or their designees: The Deputy OMB Circular A–130, and DoD 5400.11– personnel of overseas, sensitive, or Under Secretary of Defense for Program R. routinely deployable units shall be Integration (DUSD(PI)); the Assistant * * * * * prohibited to the extent authorized by Secretary of Defense for Health Affairs; (x) Compile and submit the ‘‘Biennial 10 U.S.C. 130b. Disclosure of medical the Assistant Secretary of Defense for Matching Activity Report’’ to the OMB records is prohibited except as Networks and Information Integration as required by OMB Circular A–130 and authorized by DoD 6025.18–R. (ASD(NII)/Chief Information Officer DoD 5400.11–R, and such other reports * * * * * (CIO); the Director, Executive Services as required. (j) DoD Field Activities shall receive and Communications Directorate, * * * * * Privacy Program support from the Washington Headquarters Services Director, Washington Headquarters (WHS); the GC, DoD; and the Director Dated: August 31, 2005. Services. for Information Technology L.M. Bynum, 6. Amend § 310.6 as follows: Management Directorate (ITMD), WHS. Alternate OSD Federal Register Liaison a. Revise paragraphs (a)(4), (b), (c) The designees also may be the principal Officer, Department of Defense. introductory text, (c)(3), (d) introductory point of contact for the DoD Component [FR Doc. 05–17646 Filed 9–6–05; 8:45 am] text and (d)(5); for privacy matters. BILLING CODE 5001–08–P b. Add paragraph (a)(5[d3]) to read as * * * * * follows: (b) * * * (1) Membership. The Board shall FEDERAL COMMUNICATIONS § 310.6 Responsibilities. consist of the DA&M, OSD, who shall COMMISSION (a) * * * serve as the Chair; the Director of the (4) Serve as the Chair to the Defense Defense Privacy Office, DA&M, who 47 CFR Chapter I Privacy Board and Defense Data shall serve as the Executive Secretary; [IB Docket No. 05–254; FCC 05–152] Integrity Board (§ 310.9). and the following officials or their (5) Supervise and oversee the designees: The representatives Modifying the Commission’s Process activities of the Defense Privacy Office designated by the Secretaries of the To Avert Harm to U.S. Competition and (§ 310.9). Military Departments; the DUSD(PI); the U.S. Customers Caused by (b) The Director, Washington ASD(NII)/CIO; the GC, DoD; the Anticompetitive Conduct Headquarters Services, under the Inspector General, DoD; the ITMD, DA&M, OSD, shall provide Privacy WHS; and the Director, Defense AGENCY: Federal Communications Program support for DoD Field Manpower Data Center. The designees Commission. Activities. also may be the principal points of ACTION: Proposed rule. (c) The General Counsel of the contact for the DoD Component for Department of Defense (GC, DoD) shall: privacy matters. SUMMARY: This document is a summary * * * * * * * * * * of the Notice of Inquiry that was (3) Serve as a member of the Defense (c) * * * adopted by the Commission. The Notice Privacy Board, the Defense Data (1) The Committee shall consist of the of Inquiry seeks comment on ways to Integrity Board, the Defense Privacy Director, Defense Privacy Office, DA&M, address a developing concern in the Board Legal Committee (§ 310.9). who shall serve as the Chair and the U.S.-international telecommunications (d) The Secretaries of the Military Executive Secretary; the GC, DoD, or market: the use of circuit blockages or Departments and the Heads of the Other designee; and civilian and/or military disruptions by foreign carriers as a way DoD Components, except as noted in counsel from each of the DoD to compel U.S. carriers to agree to § 310.5(j), shall: Components. The General Counsels settlement rate increases. The record * * * * * (GCs) and The Judge Advocates General developed by this Notice on Inquiry (5) Submit reports, consistent with the of the Military Departments shall would assist the Commission in requirements of DoD 5400.11–R, as determine who shall provide determining whether to propose mandated by 5 U.S.C. 552a and OMB representation for their respective changes to current Commission policy Circular A–130, and as otherwise Department to the Committee. This does and procedure in order to ensure that directed by the Defense Privacy Office. not preclude representation from each U.S. consumers benefit from * * * * * office. The GCs of the other DoD competitive prices as they make 7. Amend § 310.9 as follows: Components shall provide legal international calls. a. Revise paragraphs (a)(1), (b)(1), representation to the Committee. Other DATES: Submit comments on or before (c)(1); DoD civilian or military counsel may be October 7, 2005, and submit reply b. Redesignate the second paragraph appointed by the Executive Secretary, comments on or before October 27, (c) as a new paragraph (d); after coordination with the DoD 2005.

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FOR FURTHER INFORMATION CONTACT: consumers; and (7) whether it is FOR FURTHER INFORMATION CONTACT: Peggy Reitzel or Francis Gutierrez, appropriate for U.S. ratepayers to Kelli Farmer, Consumer Policy Division, Policy Division, International Bureau, subsidize universal service in other Consumer & Governmental Affairs (202) 418–1460. countries. Bureau, (202) 418–2512 (voice), SUPPLEMENTARY INFORMATION: This is a The Commission encourages all [email protected]. summary of the Commission’s Notice of interested parties to respond to the SUPPLEMENTARY INFORMATION: This is a Inquiry in IB Docket No. 05–254, FCC questions and requests set forth in the summary of the Commission’s 05–152, which was adopted on August Notice of Inquiry. document, DA 05–2266, released 5, 2005. The full text of this Ordering Clauses August 9, 2005. The full text of this Commission decision is available for document and copies of any Pursuant to the authority contained in inspection and copying during normal subsequently filed documents in this 47 U.S.C. 151, 4(i), 201–205, 208, 211, business hours in the FCC Reference matter will be available for public 303(r), 403 this Notice of Inquiry is Center (Room CY–A257), 445 12th inspection and copying during regular adopted. Street, SW., Washington, DC 20554. The business hours at the FCC Reference document may also be downloaded Federal Communications Commission. Information Center, Portals II, 445 12th from the Commission’s Web site at Marlene H. Dortch, Street, SW., Room CY–A257, http://hraunfoss.fcc.gov/edocs_public/ Secretary. Washington, DC 20554, (202) 418–0270. attachmatch/FCC–05–152A1.doc. The [FR Doc. 05–17795 Filed 9–6–05; 8:45 am] This document may be purchased from complete text may also be purchased BILLING CODE 6712–01–P the Commission’s duplicating from the Commission’s copy contractor, contractor, Best Copy and Printing Best Copy and Printing, Inc., in person (BCPI), Inc., Portals II, 445 12th Street, at 445 12th Street, SW., Room CY–B402, FEDERAL COMMUNICATIONS SW., Room CY–B402, Washington, DC Washington, DC 20554, via telephone at COMMISSION 20554. Customers may contact BCPI, (202) 488–5300, via facsimile at (202) Inc. at their Web site: http:// 488–5563, or via e-mail at 47 CFR Part 64 www.bcpiweb.com or by calling 1–800– [email protected]. [CG Docket No. 02–386; DA 05–2266] 378–3160. Summary of the Notice of Inquiry To request materials in accessible Rules and Regulations Implementing formats for people with disabilities On August 5, 2005, the Commission the Minimum Customer Account (Braille, large print, electronic files, adopted a Notice of Inquiry on Record Exchange Obligations on All audio format) send an e-mail to Modifying the Commission’s Process to Local and Interexchange Carriers [email protected] or call the Consumer & Avert Harm to U.S. Competition and Governmental Affairs Bureau at (202) U.S. Customers Caused by AGENCY: Federal Communications 418–0530 (voice) or (202) 418–0432 Anticompetitive Conduct. By this Commission. (TTY). This document can also be Notice of Inquiry, the Commission seeks ACTION: Proposed rule. downloaded in Word or Portable to develop a record on ways to improve Document Format (PDF) at http:// the process available to the Commission SUMMARY: In this document, the www.fcc.gov/cgb/policy. to protect U.S. consumers from the Commission seeks comment on When filing comments, please effect of anticompetitive conduct by proposed modifications/clarifications to reference CG Docket No. 02–386, DA foreign carriers and on alternative rules governing the exchange of 05–2266. Comments may be filed using approaches the Commission may take to customer account information between the Commission’s Electronic Comment avert circuit disruptions or blockages. local and long distance carriers. Filing System (ECFS) or by filing paper In particular, this Notice of Inquiry DATES: Comments are due on or before copies. See Electronic Filing of seeks comment on the following issues: September 22, 2005, and reply Documents in Rulemaking Proceedings, (1) What constitutes a circuit disruption comments are due on or before October 63 FR 24121, May 1, 1998. Comments or blockage that would trigger possible 3, 2005. filed through the ECFS can be sent as an Commission action; (2) what should be ADDRESSES: You may submit comments, electronic file via the Internet to the appropriate length of the pleading identified by CG 02–386, DA 05–2266 http://www.fcc.gov/e-file/ecfs.html. cycle associated with any action the by any of the following methods: Generally, only one copy of an Commission may take in response to • Federal eRulemaking Portal: http:// electronic submission must be filed. In reports of anticompetitive behavior on www.regulations.gov. Follow the completing the transmittal screen, the part of foreign carriers; (3) whether instructions for submitting comments. commenters should include their full the Commission should propose • Federal Communications name, U.S. Postal Service mailing procedures for taking interim measures Commission’s Web site: http:// address, and the applicable docket or when U.S. carriers notify the www.fcc.gov/cgb/ecfs/. Follow the rulemaking number. Parties may also Commission that foreign carriers have instructions for submitting comments. submit an electronic comment by threatened to disrupt circuits; (4) how • People with Disabilities: Contact Internet e-mail. To get filing instructions should the Commission assess the the FCC to request reasonable for e-mail comments, commenters immediacy of such threats, and how accommodations (accessible format should send e-mail to [email protected], and should it coordinate any action with the documents, sign language interpreters, should include the following words in appropriate U.S. government agencies; CART, etc.) by e-mail: [email protected] the body of the message, ‘‘get form (5) what showing is required of U.S. or phone: 202–418–0530 or TTY: 202– .’’ A sample form carriers to demonstrate that the public 418–0432. and directions will be sent in reply. interest will be served by Commission For detailed instructions for Parties who choose to file by paper intervention, and what is the submitting comments and additional must send an original and four (4) appropriate form of relief; (6) whether information on the rulemaking process, copies of each filing. Filings can be sent U.S. carriers are passing through see the SUPPLEMENTARY INFORMATION by hand or messenger delivery, by settlement rate reductions to U.S. section of this document. electronic media, by commercial

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overnight courier, or by first-class or 2005). In particular, the Coalition the carrier identification code of the overnight U.S. Postal Service mail identified certain aspects of section IXC. (although the Commission continues to 64.4002 of the Commission’s rules that, • The Coalition suggests an experience delays in receiving U.S. in its view, should be clarified and/or additional clarification to section Postal Service mail). The Commission’s modified by the Commission ‘‘in the 64.4002(g) whereby the Commission contractor, Natek, Inc., will receive interest of clarity and completeness.’’ would insert the phrase ‘‘in LEC’’ and hand-delivered or messenger-delivered The Coalition’s proposed clarifications remove the word ‘‘new’’ as specified in paper filings or electronic media for the and modifications to section 64.4002 are the bracketed portions of the following Commission’s Secretary at 236 described immediately below: sentence: ‘‘If the customer also makes a Massachusetts Avenue, NE., Suite 110, • Among the categories of PIC change, the customer’s former LEC Washington, DC 20002. The filing hours information that LECs must provide to must notify the customer’s former PIC(s) at this location are 8 a.m. to 7 p.m. All IXCs in certain identified situations, of the change [in LEC] and the new LEC hand deliveries must be held together section 64.4002(a)(6), (b)(6), (d)(5) and must notify the customer’s [new] PIC of with rubber bands or fasteners. Any (f)(5) currently include the ‘‘carrier the customer’s PIC selection.’’ identification code of the submitting envelopes must be disposed of before Initial Regulatory Flexibility LEC.’’ The Coalition suggests that this entering the building. Commercial and Certification electronic media sent by overnight mail phrase should be modified to state (other than U.S. Postal Service Express ‘‘carrier identification code of the IXC.’’ The Regulatory Flexibility Act Mail and Priority Mail) must be sent to According to the Coalition, this requires that an initial regulatory 9300 East Hampton Drive, Capitol ‘‘mirroring’’ of information back to the flexibility analysis be prepared for Heights, MD 20743. U.S. Postal Service IXC by the LEC serves as a kind of notice and comment rulemaking first-class mail, Express Mail, and ‘‘handshake’’ and is needed to confirm proceedings, unless the agency certifies Priority Mail should be addressed to 445 that the LEC has properly identified the that ‘‘the rule will not, if promulgated, 12th Street, SW., Washington, DC intended recipient of a particular have a significant economic impact on 20554. All filings must be addressed to notification. a substantial number of small entities.’’ the Commission’s Secretary, Marlene H. • The Coalition asks the Commission The RFA generally defines the term Dortch, Office of the Secretary, Federal to modify section 64.4002(d). In ‘‘small entity’’ as having the same Communications Commission, 445 12th particular, it proposes that a LEC that meaning as the terms ‘‘small business,’’ Street, SW., Room TW–B204, has received a notification from an IXC ‘‘small organization,’’ and ‘‘small Washington, DC 20554. This proceeding indicating that the IXC’s customer no governmental jurisdiction.’’ In addition, shall be treated as a ‘‘permit but longer wishes to be presubscribed to any the term ‘‘small business’’ has the same disclose’’ proceeding in accordance IXC (customer has selected ‘‘no-PIC’’ meaning as the term ‘‘small business with the Commission’s ex parte rules, status) be required to respond to the IXC concern’’ under the Small Business Act. 47 CFR 1.1200. Persons making oral ex with a confirmation or reject A ‘‘small business concern’’ is one parte presentations are reminded that notification. As proposed by the which: (1) Is independently owned and memoranda summarizing the Coalition, section 64.4002(d) would operated; (2) is not dominant in its field presentations must contain summaries read in pertinent part: of operation; and (3) satisfies any of the substances of the presentations (d) Customer contacts LEC or new IXC additional criteria established by the and not merely a listing of the subjects to change PIC, or current IXC to select Small Business Administration (SBA). discussed. More than a one or two no-PIC. When a LEC has removed at its On March 25, 2004, the Commission sentence description of the views and local switch a presubscribed customer released a Notice of Proposed arguments presented is generally from an IXC’s network, in response to a Rulemaking (NPRM) seeking public required. See 47 CFR 1.1206(b). Other customer order, upon receipt of a comment on whether the Commission rules pertaining to oral and written ex properly verified PIC order submitted by should establish mandatory, minimum parte presentations in permit-but- another IXC, or upon receipt of the standards governing the exchange of disclose proceedings are set forth in current IXC’s request to change the PIC customer account information between section 1.1206(b) of the Commission’s to no-PIC, the LEC must notify the local exchange carriers and rules, 47 CFR 1.1206(b). customer’s former IXC of this event. interexchange carriers. As required by • The Coalition proposes the RFA, the Commission incorporated Synopsis modifications to section 64.4002(e) and into the NPRM an Initial Regulatory On February 25, 2005, the (g) to make those subsections consistent Flexibility Analysis (IRFA) and sought Commission adopted mandatory, with other notification obligations of public comment on the specific issues minimum standards governing the LECs adopted in the Order. First, it asks raised in the IRFA. Two entities filed exchange of customer account the Commission to modify section comments addressing the IRFA. On information between local exchange 64.4002(e) to include the effective date February 25, 2005, the Commission carriers (LECs) and interexchange of a change to a customer’s local service adopted the Order which, as discussed carriers (IXCs). In adopting these account as well as the carrier above, established extensive and mandatory, minimum standards, the identification code of the IXC. Second, detailed standards governing the Commission relied in large measure on the Coalition asks the Commission to exchange of customer account a compromise proposal that was filed modify subsection (g) to include the information between local exchange with the Commission by a coalition of customer’s billing telephone number, carriers and interexchange carriers. IXCs and LECs, including working telephone, and billing name Consistent with the RFA, the representatives of AT&T, MCI, Sprint, and address; the effective date of the Commission incorporated into the Order BellSouth, Qwest, SBC, and Verizon change of local service provider; a a Final Regulatory Flexibility Analysis (Coalition). description of the customer type (i.e., (FRFA) addressing, among other things, On April 15, 2005, and June 15, 2005, business or residential); the the comments that had been filed in the Coalition proposed modifications jurisdictional scope of the lines or response to the IRFA. and clarifications to the Order (final terminals affected (i.e., intraLATA and/ In this document, the Commission rules published at 70 FR 32258, June 2, or interLATA and/or international); and seeks comment on the Coalition’s

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proposed clarifications and change the community of license for DEPARTMENT OF THE INTERIOR modifications to § 64.4002 of the Station KQQK(FM), Channel 300C, from Commission’s rules. The proposed Beaumont to Dayton, Texas, and Fish and Wildlife Service clarifications and modifications are in terminates this rulemaking proceeding. the nature of technical corrections to the See 65 FR 4401, January 27, 2000. The 50 CFR Part 17 Commission’s customer account record withdrawal of the rulemaking petition RIN 1018–AU22; 1018–AI48 exchange rules that, if adopted, would complies with Section 1.420(j) of the not have a significant economic impact Commission’s rules. See also Endangered and Threatened Wildlife on entities subject to those rules. For SUPPLEMENTARY INFORMATION. and Plants; Proposed Rule To Remove example, the Coalition asserts that its the Arizona Distinct Population proposed modification to § 64.4002(d) FOR FURTHER INFORMATION CONTACT: Segment of the Cactus Ferruginous would make this provision consistent Andrew J. Rhodes, Media Bureau, (202) Pygmy-owl From the Federal List of with similar notification requirements 418–2180. Endangered and Threatened Wildlife; adopted in the Order simply by SUPPLEMENTARY INFORMATION: This is a Proposal To Withdraw the Proposed requiring a LEC to confirm its receipt of Rule To Designate Critical Habitat a particular IXC-initiated notification synopsis of the Commission’s Report with an appropriate response. The and Order, MM Docket No. 00–9, AGENCY: Fish and Wildlife Service, Coalition similarly proposes adopted August 17, 2005, and released Interior. August 19, 2005. The full text of this modifications to §§ 64.4002(e) and (g) to ACTION: Proposed rule; notice of public include within the information Commission decision is available for hearing. exchanges prescribed by those inspection and copying during normal subsections, the same standard business hours in the FCC Reference SUMMARY: We, the U.S. Fish and categories of information that carriers Information Center (Room CY–A257), Wildlife Service (Service), announce routinely must provide in connection 445 12th Street, SW., Washington, DC. that we will hold a public hearing (see with other notification obligations The complete text of this decision may DATES and ADDRESSES sections) on our adopted in the Order. If the Commission also be purchased from the proposed rule to remove the Arizona were to adopt the proposed Commission’s copy contractor, Best distinct population segment (DPS) of the modifications and clarifications, we Copy and Printing, Inc., Portals II, 445 cactus ferruginous pygmy-owl believe that the compliance burden, and 12th Street, SW., Room CY–B402, (Glaucidium brasilianum cactorum) resulting economic impact on entities Washington, DC 20054, telephone (pygmy-owl) from the Federal List of subject thereto, would be de minimus. 1–800–378–3160 or http:// Endangered and Threatened Wildlife, Therefore, the Commission certifies for www.BCPIWEB.com. This document is eliminate its currently designated purposes of the RFA that the proposals not subject to the Congressional Review critical habitat, and to withdraw its in this document, if adopted, will not Act. (The Commission, is, therefore, not proposed new critical habitat. This have a significant economic impact on required to submit a copy of this Report public hearing will allow all interested a substantial number of small entities. parties an opportunity to comment on and Order to GAO, pursuant to the The Commission will send a copy of our proposed actions. Congressional Review Act, see 5 U.S.C. this document, including a copy of this DATES: Comments must be submitted Initial Regulatory Flexibility 801(a)(1)(A) because the proposed rule was dismissed. directly to the Service (see ADDRESSES) Certification, to the Chief Counsel for on or before October 3, 2005, or at the Advocacy of the SBA. This initial A continuing interest is required public hearing. Any comments received certification will also be published in before a channel will be allotted. after the closing date may not be the Federal Register. Because the rulemaking petition and the considered in the final determination on Federal Communications Commission. expression of interest in the proposed the proposal. Jay Keithley, allotment at Dayton have been We will hold a public hearing on Deputy Bureau Chief, Consumer & withdrawn, no allotment at Dayton or September 20, 2005, from 6:30 p.m. to Governmental Affairs Bureau. change of community of license will be 9 p.m. [FR Doc. 05–17704 Filed 9–6–05; 8:45 am] made. ADDRESSES: Public Hearing. The public BILLING CODE 6712–01–P List of Subjects in 47 CFR Part 73 hearing will be held in Tuscon, Arizona, at the Tucson Convention Center, Radio, Radio broadcasting. Apache—Greenlee meeting rooms, 260 FEDERAL COMMUNICATIONS South Church Avenue, Tuscon, AZ Federal Communications Commission. COMMISSION 85710. John A. Karousos, Comments. If you wish to provide 47 CFR Part 73 Assistant Chief, Audio Division, Media comments/and or information, you may [DA 05–2300, MM Docket No. 00–9, RM– Bureau. submit your comments and materials by 9526] [FR Doc. 05–17521 Filed 9–6–05; 8:45 am] any one of several methods: BILLING CODE 6712–01–P 1. You may submit written comments Radio Broadcasting Services; and information by mail or hand- Beaumont and Dayton, TX delivery to the Field Supervisor, AGENCY: Federal Communications Arizona Ecological Services Field Commission. Office, 2321 W. Royal Palm Road, Suite ACTION: Proposed rule; dismissal. 103, Phoenix, Arizona 85021. 2. Written comments may be sent by SUMMARY: At the request of Liberman facsimile to (602) 242–2513. Broadcasting of Houston License Corp., 3. You may send your comments by the Audio Division dismisses a electronic mail (e-mail) to: rulemaking petition to reallot and [email protected].

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For directions on how to submit new critical habitat. This document return address in the body of your e- electronic comments, as well as notifies the public that we are holding mail message. If you do not receive a information on requesting reasonable a public hearing on our August 3, 2005, confirmation from the system that we accommodations to attend the public proposed rule (see DATES and have received your e-mail message, hearing, see the ‘‘Public Comments ADDRESSES). contact us directly by calling our Solicited’’ section below. Public Comments Solicited Arizona Ecological Services Field Office FOR FURTHER INFORMATION CONTACT: (see ADDRESSES). Steve Spangle, Field Supervisor, We intend that any final action resulting from the proposal will be Our practice is to make comments, Arizona Ecological Services Field Office including names and home addresses of (telephone, 602–242–0210; facsimile, based on the best available information. respondents, available for public review 602–242–2513; or electronic mail, We have gathered and evaluated new during regular business hours. [email protected]). Persons who information related to the pygmy-owl use a telecommunications device for the that has become available since the 1997 Individual respondents may request that deaf (TDD) may call the Federal listing and are seeking any other pygmy- we withhold their home addresses from Information Relay Service (FIRS) at 1– owl information. We will continue to the rulemaking record, which we will 800–877–8339, 24 hours a day, 7 days support surveys of pygmy-owls in honor to the extent allowable by law. a week. Mexico to further elucidate the status of There also may be circumstances in the species in Mexico, and to identify SUPPLEMENTARY INFORMATION: which we would withhold from the threats to the population. rulemaking record a respondent’s Background We are soliciting comments or identity, as allowable by law. If you suggestions from the public, other The Arizona DPS of the pygmy-owl wish us to withhold your name and/or concerned governmental agencies, the was listed as endangered on March 10, address, you must state this scientific community, industry, or any 1997 (62 FR 10730), and critical habitat prominently at the beginning of your other interested party concerning the was designated on July 12, 1999 (64 FR comment. However, we will not proposed rule. Comments should be as 37419). On January 9, 2001, a coalition consider anonymous comments. We specific as possible. We are particularly of plaintiffs filed a lawsuit with the will make all submissions from interested in comments concerning: District Court of Arizona challenging the (1) Biological, genetic, and/or organizations or businesses, and from validity of our listing of the pygmy-owl morphological data related to the individuals identifying themselves as as a DPS and the designation of its taxonomic classification of the pygmy- representatives or officials of critical habitat. After the District Court owl throughout its current range; organizations or businesses, available of Arizona remanded the designation of (2) The location and characteristics of for public inspection in their entirety. critical habitat (National Association of any additional populations not Comments and materials received will Home Builders et al. v. Norton, Civ.–00– considered in previous work that might be available for public inspection, by 0903–PHX–SRB), we proposed a new have bearing on the current population appointment, during normal business critical habitat designation on status; hours at the Arizona Ecological Services November 27, 2002 (67 FR 7102). (3) Additional information related to Field Office (see ADDRESSES). Ultimately, as a result of this lawsuit, current versus historical range, current Persons needing reasonable the United States Court of Appeals for distribution, genetic diversity, and accommodations in order to attend and the Ninth Circuit issued an opinion on population sizes of the Arizona pygmy- participate in the public hearing should August 19, 2003, stating that ‘‘the FWS owl population and its contribution to acted arbitrarily and capriciously in the taxon as a whole; contact Steve Spangle, Field Supervisor, designating the Arizona pygmy-owl (4) Status of the pygmy-owl in Arizona Ecological Services Field Office population as a DPS under the DPS Mexico, particularly threats to (see FOR FURTHER INFORMATION CONTACT) Policy’’ (National Association of Home populations or habitat; and as soon as possible. In order to allow Builders v. Norton, 340 F. 3d 835, 852 (5) Information related to sufficient time to process requests, (9th Cir. 2003)). In making DPS discreteness, significance, and please call no later than one week before determinations, we rely upon the conservation status of any potential the hearing. Information regarding the Service’s Policy Regarding the pygmy-owl DPS. proposal is available in alternative Recognition of Distinct Vertebrate All previous comments and formats upon request. Population Segments (DPS Policy) (61 information submitted on the proposed Authority: The authority for this action is FR 4722). rule need not be resubmitted. We will the Endangered Species Act of 1973 (16 In light of the Ninth Circuit’s opinion, take into consideration the comments U.S.C. 1531 et seq.). we have reassessed the application of and any additional information the DPS significance criteria to the received, and such communications Dated: August 30, 2005. Arizona pygmy-owl. Based on our may lead to a final determination that Kevin R. Adams, assessment, we do not believe that the differs from the proposal. Acting Director, U.S. Fish and Wildlife available information and science If you wish to provide comments and/ Service. satisfy the criteria to indicate that or information, you may submit your (Endangered and Threatened Wildlife and pygmy-owls in Arizona are an entity comments and materials concerning the Plants; Proposed Rule to Remove the Arizona that qualifies for listing under the Act. proposal by any one of several methods Distinct Population Segment of the Cactus Accordingly, we published a proposed (see ADDRESSES). Comments submitted Ferruginous Pygmy-owl From the Federal rule on August 3, 2005 (70 FR 44547) to electronically should be in the body of List of Endangered and Threatened Wildlife; remove the Arizona population of the e-mail message itself or attached as Proposal to Withdraw the Proposed Rule to pygmy-owls from the list in 50 CFR a text file (ASCII file format), and Designate Critical Habitat and to Remove 17.11, remove the critical habitat should not use special characters or any Designated Critical Habitat) designation for this population at 50 form of encryption. Please also include CFR 17.95, and withdraw our November ‘‘Attn: Cactus Ferruginous Pygmy Owl [FR Doc. 05–17754 Filed 9–1–05; 5:07 pm] 27, 2002, proposed rule to designate Delisting,’’ your full name, and your BILLING CODE 4310–55–P

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DEPARTMENT OF THE INTERIOR not be completed until after the end of The HCP and permit would be in effect the 60-day comment period and will for a maximum of 10 years upon Fish and Wildlife Service fully consider all public comments issuance. received during the comment period. The applicant proposes to construct 50 CFR Part 17 DATES: Written comments on the permit additional downhill ski slopes and application, HCP, and EA should be expand an existing trail at Snowshoe, to Endangered and Threatened Wildlife sent to the Service’s West Virginia Field accommodate the projected increase in and Plants: Notice of Receipt of an Office (see ADDRESSES) and should be skiers, particularly beginners and Application for an Incidental Take received on or before November 7, 2005. intermediate skiers, and the demand for Permit (ITP) and Availability and ADDRESSES: Persons wishing to review skiable terrain. In connection with ski Opening of Comment Period for a Draft the permit application, HCP, and draft slope expansion, SMI proposes to Environment Assessment (EA) Habitat EA may obtain a copy by writing to the complete a parking area expansion to Conservation Plan (HCP) for the West Service’s West Virginia Field Office, 694 alleviate traffic congestion as a result of Virginia Northern Flying Squirrel in Beverly Pike, Elkins, West Virginia the projected increased recreational use Association With Snowshoe Mountain, 26241. Requests for the documentation of the resort. Finally, SMI is proposing Incorporated, Pocahontas County, WV must be in writing to be processed. to develop an area in which to store AGENCY: Fish and Wildlife Service, Written data or comments concerning some equipment, including snowplows, Interior. the permit application, draft EA and/or bulldozers, buses, trucks, earth graders, backhoes, and landscaping equipment. ACTION: Notice of availability and HCP should also be addressed to the It is necessary to house this equipment receipt of application. Field Office Supervisor, U.S. Fish and Wildlife Service, West Virginia Field in a centrally located area to ensure that SUMMARY: This notice advises the public Office, at the address above. Please refer heavy equipment traffic on the main that Snowshoe Mountain, Incorporated to permit TE–102380 when submitting road is minimized. The proposed (SMI) has applied to the U.S. Fish and comments. Documents will also be activities are expected to remove Wildlife Service (Service) for an ITP available for public inspection by approximately 43 acres of forest. pursuant to section 10(a)(1)(B) of the written request, by appointment only, The anticipated incidental take will Endangered Species Act of 1973 (ESA), during normal business hours (8 a.m. to be limited to harm through habitat loss as amended. The application has been 4:30 p.m.). as the result of the permanent loss of 43 assigned permit number TE–102380. FOR FURTHER INFORMATION CONTACT: Mr. acres of suitable WVNFS habitat. SMI The proposed permit would authorize Thomas Chapman or Shane Jones, West proposes to implement measures to the incidental take of a federally Virginia Field Office (see ADDRESSES), minimize, mitigate, and monitor endangered species, the West Virginia 304–636–6586. impacts to the WVNFS and include northern flying squirrel (WVNFS) SUPPLEMENTARY INFORMATION: Section 9 surveying for WVNFS, following (Glaucomys sabrinus fuscus), known to of the ESA and Federal regulation seasonal clearing restrictions, allowing occur throughout the property owned by prohibits the ‘‘taking’’ of a species listed when possible, natural forest the applicant at Snowshoe Mountain as endangered or threatened. Under the regeneration in temporary construction Resort, Pocahontas County, West ESA, the term ‘‘take’’ means to harass, zones, and establishing a permanent Virginia. The proposed taking is harm, pursue, hunt, shoot, wound, kill, conservation area to provide refuge for incidental to a planned recreation and trap, capture, or collect listed wildlife, the WVNFS. infrastructure expansion project on or to attempt to engage in any such The draft EA considers the approximately 43 acres owned by SMI. conduct. The Service may, under environmental consequences of three The permit would be in effect for up to limited circumstances, issue permits to alternatives, including a no-action 10 years depending on completion of ‘‘incidentally take’’ listed species, if alternative, the proposed action, and a the proposed activities. such taking is incidental to, and not the reduced impact alternative. The Service announces the receipt of purpose of, otherwise lawful activities. The Service provides this notice the SMI ITP application and the Regulations governing permits for pursuant to section 10(c) of the ESA. availability of the proposed Recreation endangered species are promulgated in The Service will evaluate whether the and Infrastructure Expansion at 50 CFR 17.22. issuance of a section 10(a)(1)(B) ITP Snowshoe Mountain HCP which complies with section 7 of the ESA by accompanies the ITP application, for Background conducting an intra-Service section 7 public comment. In addition, the SMI has applied to the Service for an consultation. The results of the Service also announces the availability ITP pursuant to section 10(a) of the biological opinion, in combination with of a draft EA for the proposed issuance ESA. The applicant proposes to the evaluation of the permit application, of the ITP. This notice is provided implement an HCP for the WVNFS that the HCP, EA, and comments submitted pursuant to the section 10(c) of the ESA will allow construction within WVNFS thereon, will be used in the final and National Environmental Policy Act habitat. The applicant’s proposed analysis to determine whether the of 1969 (NEPA) regulations (40 CFR activities may result in take, as defined application meets the requirements of 1506.6). in the ESA and its implementing section 10(a) of the ESA. If the The Service will evaluate the regulations, of listed species. requirements are met, the Service will application, associated documents, and Authorized take would only affect issue a permit to SMI for the incidental comments submitted thereon to WVNFS; take of other federally listed take of WVNFS during the proposed determine whether the application species is specifically excluded from the recreation and infrastructure expansion meets the requirements of NEPA proposed action. This permit would activities. We will make the final permit regulations and section 10(a) of the ESA. authorize the incidental take of WVNFS decision no sooner than 60 days from If it is determined that the requirements at Snowshoe Mountain Resort through the date of this notice. are met, a permit will be issued for the otherwise lawful activities, specifically Authority: The authority for this section is incidental take of the WVNFS. The final the recreation and infrastructure the Endangered Species Act of 1973, as NEPA and permit determinations will expansion, occurring in WVNFS habitat. amended (16 U.S.C. 1531 et seq.).

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Dated: August 17, 2005. rulemaking on March 29, 2005. NMFS reduction measures. In addition, the Marvin E. Moriarty, published a notice of receipt of petition petition states a firm bycatch reduction Regional Director, Region 5. for rulemaking on May 12, 2005 (70 FR target of 60–80 percent of historic levels [FR Doc. 05–17672 Filed 9–6–05; 8:45 am] 39700), and invited public comments should be set, with a time line to BILLING CODE 4310–55–P for 60 days ending July 11, 2005. achieve the target within the shortest Summaries of and responses to period possible. The petition also comments are provided in the Response proposes a mandated effort reduction DEPARTMENT OF COMMERCE to Public Comments section below. program for the Gulf shrimp fleet. The Petition History of NMFS and Council Efforts to National Oceanic and Atmospheric Reduce Bycatch in the Shrimp Fishery Administration The petition filed by CCA states the red snapper stock in the Gulf of Mexico Efforts to rebuild the red snapper 50 CFR Part 622 is overfished and undergoing stock are complicated by significant overfishing. Although the petition amounts of bycatch in the shrimp [I.D. 050405E] acknowledges the directed red snapper fishery. Ending overfishing and commercial and recreational sectors allowing the stock to rebuild cannot Fisheries of the Caribbean, Gulf of share responsibility for rebuilding the occur through regulations on the Mexico, and South Atlantic; Reef Fish stock, it asserts the failure of bycatch directed red snapper fishery alone. The Fishery of the Gulf of Mexico; Petition reduction devices (BRDs) required in shrimp fishery annually removes 25 to for Emergency Rulemaking for Red the commercial shrimp fishery to meet 45 million juvenile red snapper Snapper established bycatch reduction standards (approximately 2–5 million lb (0.9–2.3 AGENCY: National Marine Fisheries makes recovery of the Gulf red snapper million kg)), primarily from the western Service (NMFS), National Oceanic and fishery unlikely and ensures years of Gulf, whereas the directed fishery Atmospheric Administration (NOAA), continued overfishing of this stock. The removes approximately 4 million adult Commerce. petition states the directed recreational fish (approximately 9 million lb (4.1 ACTION: Denial of a petition for and commercial red snapper sectors million kg)) annually. The success of the emergency rulemaking. have already adopted many measures red snapper rebuilding plan depends necessary to rebuild the stock. The heavily on reductions in shrimp trawl SUMMARY: NMFS announces its decision petition seeks emergency regulations or bycatch. to deny a petition for emergency or interim measures to stop the overfishing The Council recognized the inherent interim rulemaking under the resulting from excessive bycatch of need to reduce red snapper bycatch in Administrative Procedure Act (APA) juvenile red snapper in the Gulf shrimp the shrimp fishery in 1997 when they and Magnuson-Stevens Fishery fishery. The petition also suggests approved Amendment 9 to the Shrimp Conservation and Management Act management measures such as bag Fishery Management Plan (Shrimp (Magnuson-Stevens Act). The Coastal limits and total allowable catch FMP). The purpose of this amendment Conservation Association (CCA), a restrictions would be applicable to the was to reduce unwanted bycatch of marine conservation group composed of directed red snapper fishery. juvenile red snapper in the shrimp approximately 90,000 members, The CCA petition states the fishery and, to the extent practicable, petitioned the U.S. Department of prevention of overfishing and recovery not adversely affect the shrimp fishery. Commerce to immediately promulgate of the red snapper stock is predicated on Because of substantial fishing mortality an emergency or interim rule under the at least a 44–percent reduction from the on juvenile red snapper and the need to Magnuson-Stevens Act to prevent average level of bycatch mortality on rebuild the overfished stock, the overfishing of red snapper resulting juvenile red snapper, age 0 and age 1, Council considered development and from bycatch in the shrimp trawl fishery by the Gulf shrimp fishery during the use of BRDs and other management of the Gulf of Mexico. NMFS finds the years 1984–1989. Further, because measures to reduce bycatch. The emergency or interim rulemaking is not recent research indicates current BRD Council approved a goal for reducing warranted, and additional management use, in practice, yields only a 12– red snapper bycatch by 44 percent from measures to end overfishing of red percent bycatch reduction, CCA argues the average annual mortality of age–0 snapper would better be addressed that the existing plan for preventing and age–1 red snapper during 1984– through a Gulf of Mexico Fishery overfishing and rebuilding the red 1989. Upon approval of Amendment 9, Management Council (Council) snapper stock must be declared a the fisheye BRD and Andrews Turtle regulatory amendment and development failure. CCA asserts the fisheries Excluder Device (Andrews TED) were of a fishery management plan (FMP) regulatory establishment is plainly the only two devices determined to be amendment. aware of red snapper overfishing by the capable of reducing bycatch by the shrimp trawl fishery, but has failed to required amount; however, the Andrews ADDRESSES: Copies of the NMFS take corrective action. The petition TED was proposed to be certified as a decision on the CCA petition are requests NMFS immediately initiate BRD only during a time when and in a available from Phil Steele, NMFS, emergency regulations or interim geographical area where it is an Southeast Regional Office, 263 13th measures resulting in bycatch reduction approved TED. On December 19, 1997, Avenue South, St. Petersburg, FL 33701; sufficient to allow the red snapper stock approval of the Andrews TED, as a TED, telephone: 727–824–5305, and via to rebuild within the time period was withdrawn; therefore, the Andrews internet at: http://sero.nmfs.noaa.gov. established in the Reef Fish Fishery TED was not certified as a BRD in the FOR FURTHER INFORMATION CONTACT: Phil Management Plan (Reef Fish FMP). The final rule implementing Amendment 9. Steele, Fishery Administrator, NMFS, petition states such bycatch reduction However, the framework procedure Southeast Regional Office; telephone: measures should include strict bycatch approved by the Council in Amendment 727–824–5305; e-mail: quotas tracked by observer data, time 9 allowed for additional BRDs to be [email protected]. and area closures or restrictions, certified by NMFS. Cooperative SUPPLEMENTARY INFORMATION: CCA filed improved BRDs, season limitations, industry/government research available a petition for emergency or interim seasonal closures, and/or other in 1997 indicated the approved BRDs

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would reduce red snapper bycatch by 58 under actual fishing conditions, were standards and additional reductions in to 77 percent. reducing red snapper bycatch by 11.7 shrimp trawl bycatch are needed to In 1998, an intensive monitoring percent, which was far less than rebuild the stock. The rebuilding plan effort quantified the effectiveness of the previously documented during research calls for large reductions in shrimp mandatory use of certified BRDs and trials. The study noted several changes effort to occur through technological evaluated the effectiveness of in fishing practices and gear means and reductions in shrimp effort. uncertified BRDs. The study found there characteristics (e.g., increased haulback Current BRD observer studies indicate were performance problems with the speeds, illegal BRD placement) reduced only a 12–percent reduction in red fisheye BRD in some configurations, and the performance of the fisheye BRD, the snapper bycatch is occurring, which is regulations were amended to modify the most commonly used BRD in the shrimp well below the reduction needed to allowable placement of the fisheye BRD fishery. Results from a majority of trips rebuild the stock. However, as indicated to improve performance and bycatch where observers were aboard revealed in Amendment 22 to the Reef Fish FMP, reduction. In 1999, BRD testing and BRDs were often placed in illegal net reductions in shrimp trawl bycatch are certification procedures were positions, resulting in poor BRD occurring as a result of reduced fishing established, and two new BRDs, the performance. However, BRD effort associated with adverse economic Jones-Davis BRD and ‘‘Gulf’’ fisheye performance also was noted to be poor conditions in the shrimp fishery BRD, were certified by NMFS after for legal installations due largely to resulting from increased competition determining they exceeded the bycatch alterations in fishing practices. from shrimp imports and rising fuel reduction goal. Available data in 1999 The results of this BRD observer study costs. Future declines in shrimp effort indicated these BRDs reduced red were incorporated into the 2005 red are predicted for large shrimp vessels snapper mortality by 52 to 70 percent. snapper stock assessment, which (greater than or equal to 60 ft (18.3 m) Monitoring the performance of BRDs concluded red snapper continued to be in length). Such declines are likely to in the fishery continued through an overfished and undergoing overfishing. increase the rate of red snapper stock observer program from 1999 to 2003, The conclusions of the assessment were rebuilding and reduce fishing related during which time the Council began consistent with previous assessments bycatch in the early years of the development of a regulatory despite changes in stock status criteria rebuilding plan, aside from any amendment, and subsequently and assessment methods. The Southeast management actions to reduce harvest. Amendment 22 to the Reef Fish FMP. Data, Assessment, and Review (SEDAR) Since 2002, an 18–percent decrease in The Council submitted a rebuilding Assessment Review Panel concluded shrimp effort has occurred. Shrimp plan to NMFS through a regulatory red snapper fishing mortality rates are effort has decreased by 26–percent since amendment in 2001. This amendment too high for both the directed fishery the late 1980s, resulting in lower fishing was returned to the Council by NMFS and shrimp fishery, and reductions in mortality rates on juvenile red snapper with a request to further explore fishing mortality for both sectors would in more recent years. alternative rebuilding plans based on be needed to rebuild the stock. Based on the most recent stock realistic expectations for future assessment, fishing mortality rates in all Response to Assertions and Proposed reductions in shrimp trawl bycatch, and sectors of the fishery are too high, and Management Measures Set Forth in the to more fully evaluate the effects of the Council will need to consider Petition alternatives to reduce bycatch through a reducing fishing mortality rates to supplemental environmental impact NMFS disagrees with CCA’s assertion rebuild the stock. As explained in the statement. In 2004, the Council that management has failed to take Agency Decision section of this notice, approved Amendment 22, which action to address the problem of shrimp NMFS believes actions to revise the red established a rebuilding plan for red trawl bycatch of red snapper. As new snapper rebuilding plan and reduce snapper based on the results of the 1999 information and research have become shrimp trawl bycatch are best addressed stock assessment. The rebuilding plan available, NMFS and the Council have through Council regulatory amendment was projected to end overfishing by taken corrective action to improve BRD and FMP amendment, rather than 2009 or 2010, and rebuild the stock by performance and reduce shrimp trawl emergency rule. The Council directed 2032. The amendment called for large bycatch. Changes in both fishing staff during their August 2005 Council reductions in bycatch mortality from the practices and gear characteristics have meeting to begin immediately working shrimp fishery to be achieved either significantly reduced the overall on a regulatory amendment to modify through technological means, such as performance of BRDs relative to bycatch certification procedures and protocols improved BRD designs, and/or reduction rates previously documented for BRDs, including decertification of reductions in shrimp fishing effort. The during field trials. NMFS recognizes the ineffective BRDs and certification of selected rebuilding plan recognized the success of the rebuilding plan is heavily new BRDs capable of achieving need for periodic reviews of the stock dependent on reductions in shrimp necessary reductions in finfish bycatch. status to ensure the rebuilding plan was trawl bycatch and effort. Amendment 22 The Council also directed staff to begin adequately progressing toward the acknowledged additional reductions in developing a joint reef fish/shrimp plan rebuilding goal. Review of the plan was bycatch may be required in the future if amendment that revises the red snapper designed to incorporate new reductions are not adequate through rebuilding plan and addresses bycatch information and to address technological improvements. The in both the directed red snapper fishery unanticipated developments in the red Council also specified a periodic review and shrimp fishery. NMFS agrees many snapper and shrimp fisheries, and to of the rebuilding plan in order to make of the measures proposed by CCA to make appropriate adjustments in red appropriate adjustments in red snapper address shrimp trawl bycatch should be snapper regulations should insufficient regulations when new information, such considered in the plan amendment. or unexpectedly rapid rebuilding as the most recent stock assessment and NMFS and the Council have already progress occur. BRD performance research, became begun to address effort limitation in the In May 2004, the Council was available. shrimp fishery and monitoring of presented with the results of the NMFS agrees with CCA’s assertion shrimp bycatch. In May 2005, the ongoing BRD observer study mentioned that existing certified BRDs are now not Council approved Amendment 13 to the above. This study indicated BRDs, achieving established reduction Shrimp FMP. This amendment, if

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approved by NMFS, would establish a The petition also proposes setting a over what would otherwise occur due to moratorium on shrimp licenses and firm target for bycatch reduction of natural mortality and any directed allow for closer monitoring of the between 60 and 80 percent of historic fishery for that species. As such, this shrimp fishery in two ways. First, levels, with a time line established to additional mortality reduces the electronic logbook reporting, which achieve the target within the shortest potential harvest and economic activity tracks fishing effort (number of trips, period possible. NMFS believes the associated with that species. This length of trips, locations, etc.), would be target bycatch reduction goal should be situation is not unique to shrimp trawl required for commercial shrimp vessel set based on the results of the most bycatch and recreational fisheries. In permit holders. Second, the observer recent stock assessment, taking into addition to requiring bycatch be program would include bycatch account the time needed to rebuild the reduced to the extent practicable, the reporting which will produce estimates stock and the practicability of further Magnuson-Stevens Act requires of total annual finfish and invertebrate reductions in shrimp trawl bycatch. management measures provide for the sustained participation of fishing bycatch. The Council believes these Response to Comments actions will provide the best communities. This requirement information to track effort and evaluate NMFS received 7,630 form letters in recognizes the sociocultural importance bycatch and modified BRD performance favor of the petition to end overfishing of fisheries and the impracticability of without unduly interfering with shrimp of red snapper by minimizing shrimp reducing all values associated with a fishery operations. NMFS expects that trawl bycatch. NMFS received an resource to monetary terms. Thus, Amendment 13, if approved, would be additional 23 letters in response to the current regulations in the shrimp fishery implemented early in 2006. The level of petition. Of those 23 letters, 12 have been developed to both minimize coverage for monitoring bycatch through commenters supported the petition, and bycatch and maintain the fishing the use of electronic logbooks and 11 commenters urged the petition be communities depending upon this observers may vary with the availability rejected or denied. NMFS’ responses to fishery as well as other related fisheries. of funding. Until such time as these comments are provided below. Comment 3: Several commenters Comment 1: A group of commenters additional funding is available, indicated the petition failed to address stated the Federal government has failed management measures such as bycatch the recent decrease in shrimp effort and to end overfishing of red snapper by the quotas would be impractical to consider its effects on reducing red snapper shrimp fishery despite legal for the shrimp fishery. bycatch. These commenters identified requirements, and significant action is four reasons for reductions in shrimp The Council previously considered necessary to reduce bycatch and restore effort: (1) The cap on the number of area and seasonal closures for reducing the red snapper stock. commercial shrimp licenses has finfish bycatch in Amendments 9 and Response: The 2005 red snapper stock decreased participation in the fishery to 10 to the Shrimp FMP. The Council assessment indicated red snapper were a huge degree; (2) the required use of rejected these measures because they overfished and undergoing overfishing. TEDs and BRDs has made it more were deemed costly and ineffective, and NMFS agrees action is needed to reduce difficult for license holders to make a research at the time indicated BRDs bycatch in both the shrimp fishery and living; (3) fuel costs have increased reduced bycatch at a lower cost. Current the directed red snapper fishery. Despite drastically, and, (4) the amount of regulations include several seasonal and previous actions by NMFS and the imported, farm-raised shrimp has been area closures throughout the Gulf of Council to improve BRD performance increasing and is unfairly driving down Mexico in which trawling is prohibited. and reduce shrimp trawl bycatch of red the price of domestic shrimp. Trawl gear is also precluded from snapper, as explained in the History of Response: NMFS agrees the petition numerous areas throughout the Gulf NMFS and Council Efforts to Reduce did not address recent decreases in because of oil and gas platforms, hard Bycatch in the Shrimp Fishery section shrimp effort, nor the aforementioned bottom habitat, and artificial reefs. The of this document, overfishing has reasons for that effort reduction. These intent of existing seasonal and area continued. Changes in both fishing reductions in effort have been factored closures is to protect small shrimp and practices and gear characteristics have into recent management actions for habitat and reduce user conflicts. These significantly reduced the overall shrimp and red snapper, including closures were not intended to reduce effectiveness of BRDs relative to the Amendment 13 to the Shrimp FMP, bycatch, although this is an indirect bycatch reduction rates documented Amendment 22 to the Reef Fish FMP, benefit of these management actions. during field trials. The Council and the 2005 red snapper stock The Council considered a scoping recognized the need to address such assessment. Although some individuals document for Amendment 14 to the changes during rebuilding by may dispute effort estimates, these Shrimp FMP at their August 2005 periodically reviewing the status of the estimates were thoroughly reviewed meeting. The scoping document stock to ensure the rebuilding plan is during the 2004–2005 SEDAR contained alternatives for further adequately meeting rebuilding goals. workshops for red snapper and are reducing shrimp bycatch, reducing Should insufficient or unexpectedly considered the best available scientific shrimp effort, modifying bycatch rapid rebuilding progress occur, NMFS information. Analyses predict reduction criteria, eliminating latent and the Council intend to make reductions in the number of large effort in the shrimp fishery, and appropriate adjustments to regulations vessels (>60 ft (>18.3 m)), which requiring vessel monitoring systems to address unanticipated developments primarily operate in offshore waters and aboard shrimp vessels. NMFS will in the red snapper and shrimp fisheries. are expected to encounter more red continue to work closely with the Comment 2: Eight commenters in snapper than smaller vessels, will be the Council to further develop a joint favor of the petition stated the shrimp primary source of future reductions in Shrimp and Reef Fish plan amendment fishery has impacted the recreational shrimp trawl bycatch. Between 2002 evaluating these shrimp fishery bycatch fishery economically and hindered and 2004, offshore shrimp effort was alternatives, as well as alternatives for further economic gains the recreational predicted to decline by 16 percent; rebuilding the red snapper stock and sector could experience. actual reductions in shrimp effort reducing bycatch in the directed red Response: NMFS recognizes bycatch during this time declined by 18 percent. snapper fishery. increases the mortality of any species Projections indicate effort for large

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shrimp vessels will continue to decline by the Council through regulatory mortality rates ranged from 15 to 80 significantly through 2011, ending at a amendment and development of a plan percent depending on depth and time point 34 percent less than effort levels amendment. The Council discussed the fished. The Council has begun in 2002. results of the 2005 red snapper stock developing a plan amendment to The Council approved Amendment 13 assessment at their August 2005 meeting address bycatch in both the directed red to the Shrimp FMP at their May 2005 and requested the NMFS Southeast snapper fishery and shrimp fishery. meeting. If approved by NMFS, this Fisheries Science Center begin Comment 8: One commenter stated amendment will establish several evaluating rebuilding scenarios for red studies show the importance of management measures, including a snapper and the necessary shrimp trawl protecting large spawners to ensure red moratorium on commercial shrimp bycatch reductions associated with the snapper sustainability, and implied permits. NMFS has yet to implement the scenarios. recreational fishing has a much greater cap on commercial shrimp licenses and, Comment 5: Several commenters effect on these large fish than therefore, the cap has not reduced stated the impact of recreational fishing commercial fishing, such as longlining. participation in the shrimp fishery to was not acknowledged in the petition, Response: NMFS agrees it is date. and this fishing was a huge factor in the important to protect mature red The use of TEDs and BRDs has likely red snapper decline. snapper. Red snapper mature as early as made it more difficult for some Response: The petition acknowledges 2 years of age and 10–12 inches (25–30 shrimpers to make a living. TEDs and recovery of the red snapper stock is not cm) fork length. They do not reach peak BRDs not only reduce finfish and turtle based on bycatch reduction alone. reproductive productivity until bycatch, they also result in some shrimp However, the petition states the directed approximately 15 to 20 years of age. loss, which economically impacts the recreational and commercial fisheries Current fishing practices directly affect profits of shrimpers. When the Council have already adopted many the reproductive potential of the stock approved Amendment 9 to the Shrimp management measures in an effort to because red snapper are primarily FMP in 1997, research indicated BRDs rebuild the red snapper stock. Based on caught well below the age at maximum reduced bycatch at a lower cost than the most recent stock assessment, red fecundity. The commercial longline other management measures, such as snapper fishing mortality rates in both fishery typically harvests older red seasonal and area closures. Recent the directed fishery and the shrimp snapper (mean age of 7–8 years), while NMFS observer data indicate many fishery are too high and each sector the commercial and recreational shrimpers have changed fishing must share responsibility for rebuilding handline fisheries harvest younger red practices and gear characteristics to the stock. snapper (mean age of 2 to 4 years). reduce shrimp loss; as a result, BRD Comment 6: One commenter stated However, the commercial longline performance has decreased. the growth of offshore recreational fishery accounts for only a small portion The declining profitability of the fishing boats has had a huge impact on of the overall commercial harvest of red shrimp industry is attributed to lower red snapper and all other reef fish snapper (less than 4 percent of the prices, due to competition from imports, species. Another commenter asserted overall commercial harvest). and to higher fuel prices, which recreational bag limits for red snapper increased 21–29 percent from 2002 to are regularly exceeded with no Agency Decision 2003. Fuel costs represent a significant penalties, and this was the primary After considering the assertions and portion of the industry’s operating problem with management of the stock. proposed management measures set expenses, and fluctuations in fuel costs Response: NMFS agrees the number of forth in the CCA petition and all public can significantly affect the industry’s recreational fishing vessels and fishing comments, NMFS has determined the economic performance. Increases in effort have increased in recent years. measures requested by the petition shrimp imports have been the primary Despite this increase in fishing effort should not be addressed via emergency cause of the recent decline in U.S. and vessels, red snapper landings have or interim rulemaking at this time. shrimp prices. Recent surges in imports been at or near the 4.47–million lb NMFS agrees bycatch mortality of red have been caused by increases in the (2.03–million kg) quota. Recreational snapper in the Gulf shrimp fleet production of foreign, farm- raised landings overages have occurred in adversely affects red snapper and its shrimp. some years, but landings have also been ability to rebuild. NMFS believes it is Comment 4: One commenter stated well below the quota during other years. important to address bycatch mortality the petition was based on old Management measures imposed by the of red snapper by the shrimp fleet, but information and new information is Council and NMFS, such as bag limits, this issue does not represent an now available. The commenter stated closed seasons, size limits, and a emergency as defined in NMFS policy the new information was incorporated moratorium on for-hire vessel permits, guidance for the use of emergency rules into the new assessment, but was not are intended to limit overall red snapper (62 FR 44421, August 21, 1997). acknowledged in the petition, and landings and effort. The U.S. Coast Overfishing of red snapper is not an taking action would be imprudent until Guard, NMFS Law Enforcement, and unforeseen event and, therefore, does completion of the new assessment. state enforcement agencies enforce these not constitute an emergency. Response: NMFS concurs that it regulations, and penalties exist if Interim measures can be useful to would be prudent to wait for the regulations are violated. address recently discovered issues for findings of the new assessment before Comment 7: One commenter asserted which no long-term strategies have been taking action. A red snapper stock the bycatch of undersized red snapper devised. However, NMFS believes long- assessment was completed in 2005 and by recreational fishermen is substantial. term measures are more appropriate represents the best available science Response: NMFS agrees bycatch of than interim measures to address regarding the current status of the stock. undersized fish in the directed fishery overfishing of red snapper. The Council NMFS believes additional management should be addressed. The 2005 red and NMFS have established, and are in measures to achieve reductions in snapper stock assessment used a range the process of implementing, a long- bycatch mortality should take into of release mortality rates for the directed term rebuilding plan for red snapper to account the results of this stock commercial and recreational red phase-out overfishing by 2009 or 2010 assessment and would best be addressed snapper fisheries. These release and rebuild the fishery by 2032, as

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defined in the Magnuson-Stevens Act Dated: August 31, 2005. FOR FURTHER INFORMATION CONTACT: (§ 303(e)(4)). As anticipated in the Emily Menashes, Heather Stirratt or Karyl Brewster-Geisz rebuilding plan, implementation Acting Director, Office of Sustainable at (301) 713–2347. includes periodic adjustments based on Fisheries, National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: The new scientific information. The 2005 [FR Doc. 05–17713 Filed 9–6–05; 8:45 am] Atlantic HMS fisheries are managed red snapper stock assessment indicates BILLING CODE 3510–22–S under the dual authority of the the level of reduction necessary to Magnuson-Stevens Fishery eliminate overfishing is dependent on Conservation and Management Act the objectives and rebuilding scenario DEPARTMENT OF COMMERCE (Magnuson-Stevens Act) and the selected. The Council will need to Atlantic Tunas Convention Act (ATCA). National Oceanic and Atmospheric The FMP for Atlantic Tunas, Swordfish, evaluate those factors carefully prior to Administration taking action to implement appropriate and Sharks, finalized in 1999, and the FMP for Atlantic Billfish, finalized in reductions to end overfishing and 50 CFR Part 635 rebuild the stock. 1988, are implemented by regulations at [I.D. 051603C] 50 CFR part 635. Finally, emergency and interim On August 19, 2005 (70 FR 48804), RIN 0648–AQ65 regulations are not appropriate for NMFS published a proposed rule that, addressing such actions as changes to Atlantic Highly Migratory Species; among other things, announced the BRDs, because these changes would Amendments to the Fishery availability of the draft consolidated require substantial time for gear Management Plan (FMP) for Atlantic HMS FMP. Included in this proposed development, manufacturing, and Tunas, Swordfish, and Sharks and the rule was a list of 24 public hearings training and distribution for re-outfitting FMP for Atlantic Billfish throughout September and October of shrimp nets. Emergency and interim 2005. These hearings are scheduled for measures can only be implemented for AGENCY: National Marine Fisheries NMFS to receive comments from fishery 180 days and can be extended for an Service (NMFS), National Oceanic and participants and other members of the additional 180 days if necessary Atmospheric Administration (NOAA), public regarding the proposed rule and conditions are met. It is likely that such Commerce. draft HMS FMP. Due to the damage measures would result in a regulatory ACTION: Cancelling and changing the caused by Hurricane Katrina, NMFS is lapse before longer-term measures could location and time of certain public cancelling two public hearings that were be implemented. hearings. scheduled for September 6 and September 8, 2005, in Orange Beach, NMFS believes additional SUMMARY: Due to the damage caused by AL, and New Orleans, LA, respectively. management measures to achieve Hurricane Katrina, NMFS is cancelling NMFS intends to reschedule the public reductions in bycatch mortality should two public hearings on the draft hearings once the amount of damaged take into account the results of the most consolidated Highly Migratory Species caused by Hurricane Katrina in the recent red snapper stock assessment and (HMS) Fishery Management Plan (FMP) affected Gulf region has been assessed would best be addressed through and proposed rule that were scheduled and the appropriate locations can be Council regulatory amendment and for September 6 and September 8, 2005, determined. NMFS may extend the development of a plan amendment. The in Orange Beach, AL, and New Orleans, comment period, if necessary, to ensure Council directed staff during their LA, respectively. NMFS intends to adequate opportunities for public August 2005 Council meeting to begin reschedule the September 6 Orange comment by constituents in the affected immediately working on a regulatory Beach and September 8 New Orleans Gulf region. Notification of the new amendment to modify certification public hearings at a later date. In dates and locations would be published procedures and protocols for BRDs, addition, NMFS has changed the in the Federal Register. including decertification of ineffective location and time of the public hearing In addition, NMFS has changed the BRDs and certification of new BRDs that was scheduled to be held in Fort location and time of the public hearing capable of achieving necessary Lauderdale, FL, on October 3, 2005, at that was scheduled to be held in Fort the African American Arts and Cultural reductions in finfish bycatch. This Lauderdale, FL, on October 3, 2005, at Center Research Library. The draft regulatory amendment is expected to be the African American Arts and Cultural consolidated HMS FMP and the completed in mid–2006. The Council Center Research Library (see DATES and proposed rule describe a range of ADDRESSES). This change was due to also directed staff to begin developing a management measures that could joint reef fish and shrimp plan concerns raised by a constituent impact fishermen and dealers for all regarding public safety. NMFS verified amendment that revises the red snapper HMS fisheries. rebuilding plan and addresses bycatch these concerns with local law DATES: The Fort Lauderdale public in both the directed red snapper fishery enforcement. The schedule for the other hearing will still be held on Monday, public hearings remains unchanged. and shrimp fishery. This plan October 3, 2005. However, the new time The public is reminded that NMFS amendment is expected to be completed will be from 7 - 10 p.m. The hearings expects participants at the public by late–2006. By addressing bycatch scheduled for September 6 and hearings to conduct themselves mortality, management measures, and September 8, 2005, in Orange Beach, appropriately. At the beginning of each the red snapper rebuilding plan in this AL, and New Orleans, LA, have been public hearing, a NMFS representative way, the public will be afforded more cancelled and will be rescheduled at a will explain the ground rules (e.g., opportunities to comment and later date. alcohol is prohibited from the hearing participate in the rulemaking process, ADDRESSES: The new location of the Fort room; attendees will be called to give and long-term measures to address the Lauderdale public hearing will be the their comments in the order in which issues can be implemented. Broward County Main Library, 100 they registered to speak; each attendee Authority: 16 U.S.C. 1801 et seq. South Andrews Avenue, Fort will have an equal amount of time to Lauderdale, FL 33301. speak; and attendees should not

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interrupt one another). The NMFS Special Accommodations Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 representative will attempt to structure et seq. These meetings are physically the hearing so that all attending Dated: September 1, 2005. members of the public will be able to accessible to people with disabilities. John H. Dunnigan, comment, if they so choose, regardless Requests for sign language of the controversial nature of the interpretation or other auxiliary aids Director, Office of Sustainable Fisheries, subject(s). Attendees are expected to should be directed to Heather Stirratt, National Marine Fisheries Service. respect the ground rules, and, if they do (301) 713–2347, at least 7 days prior to [FR Doc. 05–17749 Filed 9–1–05; 4:03 pm] not, they will be asked to leave the the hearing in question. BILLING CODE 3510–22–S hearing.

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Notices Federal Register Vol. 70, No. 172

Wednesday, September 7, 2005

This section of the FEDERAL REGISTER the collection of information unless it Total Burden Hours: 9,750. contains documents other than rules or displays a currently valid OMB control Ruth Brown, proposed rules that are applicable to the number. public. Notices of hearings and investigations, Departmental Information Collection committee meetings, agency decisions and Animal and Plant Health Inspection Clearance Officer. rulings, delegations of authority, filing of Service [FR Doc. 05–17647 Filed 9–6–05; 8:45 am] petitions and applications and agency BILLING CODE 3410–34–P statements of organization and functions are Title: Animal Welfare, 9 CFR part 3, examples of documents appearing in this Marine Mammals. section. OMB Control Number: 0579–0115. DEPARTMENT OF AGRICULTURE Summary of Collection: The Agricultural Marketing Service DEPARTMENT OF AGRICULTURE Laboratory Animal Welfare Act (AWA) (Pub. L. 89–544) enacted August 24, [Docket Number FV–05–301] Submission for OMB Review; 1966, and amended December 24, 1970 Comment Request United States Standards for Grades of (Pub. L. 91–579); April 22, 1976 (Pub. L. Strawberries August 31, 2005. 94–279); and December 23, 1985 (Public The Department of Agriculture has Law 99–198) requires the U.S. AGENCY: Agricultural Marketing Service, submitted the following information Department of Agriculture (USDA) to USDA. collection requirement(s) to OMB for regulate the humane care and handling ACTION: Notice. review and clearance under the of most warm-blooded animals, Paperwork Reduction Act of 1995, including marine mammals, used for SUMMARY: The Agricultural Marketing Public Law 104–13. Comments research or exhibition purposes, sold as Service (AMS) of the Department of regarding (a) whether the collection of pets, or transported in commerce. This Agriculture (USDA) is soliciting information is necessary for the proper legislation and its amendments were the comments on its proposal to revise the United States Standards for Grades of performance of the functions of the result of extensive demand by organized Strawberries. Based on a request from agency, including whether the animal welfare groups and private information will have practical utility; the California Strawberry Commission citizens requesting a Federal law to (b) the accuracy of the agency’s estimate (CSC), AMS is proposing to modify the protect such animals. USDA, Animal of burden including the validity of the standards to allow that percentages be methodology and assumptions used; (c) and Plant Health Inspection Service determined by count rather than ways to enhance the quality, utility and (APHIS), Animal Care (AC) has the volume. The proposed revision will clarity of the information to be responsibility to enforce the Animal make tolerance determination more collected; (d) ways to minimize the Welfare Act and the provisions of 9 objective and uniform. CFR, Chapter 1, Subchapter A, which burden of the collection of information DATES: Comments must be received by on those who are to respond, including implements the Animal Welfare Act. November 7, 2005. through the use of appropriate APHIS will collect information through ADDRESSES: Interested persons are the use of reports and records that are automated, electronic, mechanical, or invited to submit written comments to kept for a period of at least one year to other technological collection the Standardization Section, Fresh techniques or other forms of information ensure that the animals are cared for in Products Branch, Fruit and Vegetable technology should be addressed to: Desk the prescribed manner that is required Programs, Agricultural Marketing Officer for Agriculture, Office of by regulations. Service, U.S. Department of Agriculture, Information and Regulatory Affairs, Need and Use of the Information: 1400 Independence Ave. SW., Room Office of Management and Budget APHIS will collect information to 1661 South Building, Stop 0240, (OMB), Washington, DC 20250–0240; Fax (202) [email protected] or ensure compliance with the regulations 720–8871, E-mail fax (202) 395–5806 and to Departmental intended to ensure the humane care and [email protected]. Comments Clearance Office, USDA, OCIO, Mail treatment of marine mammals. Without should make reference to the dates and Stop 7602, Washington, DC 20250– the information, none of the knowledge page number of this issue of the Federal 7602. Comments regarding these could be obtained from records, animal Register and will be made available for information collections are best assured health certification would be at risk, and public inspection in the above office of having their full effect if received animals exposed to inadequate handling during regular business hours. The within 30 days of this notification. and care could not be properly United States Standards for Grades of Copies of the submission(s) may be documented. Strawberries are available either through obtained by calling (202) 720–8958. Description of Respondents: Business An agency may not conduct or the address cited above or by accessing or other for-profit; Not-for-profit the Fresh Products Branch Web site at: sponsor a collection of information institutions. unless the collection of information http://www.ams.usda.gov/standards/ displays a currently valid OMB control Number of Respondents: 2,197. stanfrfv.htm. number and the agency informs Frequency of Responses: FOR FURTHER INFORMATION CONTACT: potential persons who are to respond to Recordkeeping; Reporting: On occasion; Cheri L Emery, at the above address or the collection of information that such Semi-annually. call (202) 720–2185, E-mail persons are not required to respond to [email protected].

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SUPPLEMENTARY INFORMATION: Section visual estimation. Modifying the ‘‘Watermelons which have 10 or less 203(c) of the Agricultural Marketing Act standards to allow that percentages be mature seeds, not to include pips/ of 1946 (7 U.S.C. 1621–1627), as determined by count will provide more caplets, on the face of the melon which amended, directs and authorizes the objectivity to an inspection. has been cut into four equal sections Secretary of Agriculture ‘‘To develop AMS received four comments in favor (one lengthwise cut and one crosswise and improve standards of quality, of the revision. Those in favor of the cut).’’ NWA’s original petition requested condition, quantity, grade and revision stated the proposed rule change that a variance be added to the size packaging and recommend and follows changing industry practices and requirements. This request remains demonstrate such standards in order to market demand by replacing a unchanged. encourage uniformity and consistency subjective volume determination, with a DATES: Comments must be received by in commercial practices.’’ AMS is more preferred and easily understood November 7, 2005. committed to carrying out this authority objective measurement. in a manner that facilitates the AMS believes the proposed revision ADDRESSES: Interested persons are marketing of agricultural commodities to allow percentages to be determined invited to submit written comments to and makes copies of official standards by count rather than volume would the Standardization Section, Fresh available upon request. The United establish a clear uniform procedure for Products Branch, Fruit and Vegetable States Standards for Grades of Fruits determining the percentages. Programs, Agricultural Marketing and Vegetables not connected with Additionally, AMS is proposing to Service, U.S. Department of Agriculture, Federal Marketing Orders or U.S. Import eliminate the unclassified category. This 1400 Independence Ave. SW., Room Requirements no longer appear in the section is being removed in all 1661 South Building, Stop 0240, Code of Federal Regulations, but are standards, when they are revised. This Washington, DC 20250–0240; Fax (202) maintained by USDA/AMS/Fruit and category is not a grade and only serves 720–8871, E-mail Vegetable Programs. to show that no grade has been applied [email protected]. Comments AMS is proposing to revise the to the lot. It is no longer considered should make reference to the dates and voluntary United States Standards for necessary. page number of this issue of the Federal Grades of Strawberries using procedures The official grade of a lot of Register and will be made available for that appear in part 36, title 7 of the Code strawberries covered by these standards public inspection in the above office of Federal Regulations (7 CFR part 36). is determined by the procedures set during regular business hours. The These standards were last revised in forth in the Regulations Governing United States Standards for Grades of 1965. Inspection, Certification, and Standards Watermelons are available either through the address cited above or by Background of Fresh Fruits, Vegetables and Other Products (Sec. 51.1 to 51.61). accessing the Fresh Products Branch AMS received a request from the CSC This notice provides a 60-day Web site at: http://www.ams.usda.gov/ requesting a revision to the United comment period for interested parties to standards/standfrfv.htm. States Standards for Grades of comment on changes to the standard. FOR FURTHER INFORMATION CONTACT: Strawberries to allow that percentages Cheri L. Emery, at the above address or Authority: 7 U.S.C. 1621–1627. be determined by count rather than call (202) 720–2185; E-mail volume. Dated: September 1, 2005. [email protected]. Prior to undertaking research and Lloyd C. Day, other work associated with a revision of SUPPLEMENTARY INFORMATION: Section Administrator, Agricultural Marketing 203(c) of the Agricultural Marketing Act the grade standards, AMS decided to Service. of 1946 (7 U.S.C. 1621–1627), as seek public comments on the request. [FR Doc. 05–17708 Filed 9–6–05; 8:45 am] On March 11, 2005, AMS published a amended, directs and authorizes the BILLING CODE 3410–02–P notice in the Federal Register (70 FR Secretary of Agriculture ‘‘To develop 12175) soliciting comments on a and improve standards of quality, possible revision to the United States DEPARTMENT OF AGRICULTURE condition, quantity, grade and Standards for Grades of Strawberries. packaging and recommend and In response to our request for Agricultural Marketing Service demonstrate such standards in order to comments, AMS received five encourage uniformity and consistency comments from industry groups. Four [Docket Number FV–04–306] in commercial practices.’’ AMS is committed to carrying out this authority comments were in favor of the revision United States Standards for Grades of in a manner that facilitates the to the standard and one comment was Watermelons opposed. The comments are available by marketing of agricultural commodities accessing AMS’s Home Page on the AGENCY: Agricultural Marketing Service, and makes copies of official standards Internet at: http://www.ams.usda.gov/fv/ USDA. available upon request. The United fpbdocketlist.htm. ACTION: Notice; request for public States Standards for Grades of Fruits The one comment opposing the comment. and Vegetables not connected with revision stated, ‘‘To change to a count- Federal Marketing Orders or U.S. Import based system would treat berries of SUMMARY: The Agricultural Marketing Requirements no longer appear in the varying sizes equally. This may be more Service (AMS), of the Department of Code of Federal Regulations, but are expeditious, but from our perspective Agriculture is soliciting comments on maintained by USDA/AMS/Fruit and reduces the relevance and effectiveness its amended proposal to revise the Vegetable Programs. of USDA inspections.’’ By changing to a United States Standards for Grades of AMS is proposing to revise the count basis each berry will represent the Watermelons. AMS received a petition voluntary United States Standards for same percentage of the container from the National Watermelon Grades of Watermelons using regardless of the size of the berry. Association (NWA), amending a portion procedures that appear in part 36, title Currently, each inspector must of their original petition. NWA’s 7 of the Code of Federal Regulations (7 determine the volume of each berry in amended petition is requesting that CFR part 36). These standards were last relation to the container based on a seedless watermelons be defined as: revised in 1978.

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Background pips/caplets, on the face of the melon ACTION: Notice of availability and AMS received two petitions from the which has been cut into four equal decision. NWA requesting a revision to the sections (one lengthwise cut and one crosswise cut).’’ NWA did not amend SUMMARY: In accordance with the United States Standards for Grades of National Environmental Policy Act, the Watermelons. In the first petition, the their petition in regard to the inclusion of a the 3 pound variance. Pike National Forest of the Rocky NWA requested that the USDA revise Mountain Region of the Forest Service Based on the submitted information the standards by defining seedless announces availability of the Final Plan and comments received, AMS is watermelons as: ‘‘Seedless and Final Environmental Impact proposing to revise the standards for Watermelons’’ are watermelons which Statement (Final Plan/EIS) and Record watermelons following the standard have 16 or less mature seeds, not to of Decision (ROD) for the Gold Camp format for U.S. Grade Standards. include pips/caplets, on the face of the Road. The Forest Service is also Specifically, the proposed revision will melon which has been cut into four announcing the agency’s decision to define seedless watermelons by equal sections (one lengthwise cut and restore and reopen a collapsed railroad including the following definition: one crosswise cut). The petitioner also tunnel and reopen a closed section of requested the size requirements be ‘‘Seedless Watermelons’’ are Gold Camp Road to one-way traffic, revised by adding an allowance for watermelons which have 10 or less with a third party partner to operate the watermelons to vary 3 pounds above the mature seeds, not to include pips/ segment of road (Modified Alternative stated average weight. caplets, on the face of the melon which E). The objective of the management Prior to undertaking research and has been cut into four equal sections plan for the road is to best accommodate other work associated with a revision of (one lengthwise cut and one crosswise public use and access to National Forest the grade standards, AMS decided to cut). System lands and nearby private in- seek public comments on the petition. A AMS is also proposing to change the holdings while maintaining public notice requesting comments on the size requirements by adding an safety and the historic character of the petition to revise the United States allowance for watermelons to vary 3 road. The affected road segment has Standards for Grades of Watermelons pounds above the stated average weight. been closed since 1988 for safety was published in the April 22, 2004, As previously stated, one commenter reasons. Federal Register (69 FR 21812). recommended a 1 pound variance rather then 3 pound variance. However, AMS DATES: The appeal period for the In response to our request for decision will be 45 days from the date comments, AMS received one comment is proposing to change the size requirements by adding an allowance the Environmental Protection Agency from an industry group. The comment (EPA) publishes the notice of was in favor of the proposed revision of for watermelons to vary 3 pounds above average weight as the standard currently availability and decision in the Federal the standards. Register. The notice of availability will On October 29, 2004, AMS published allows watermelons to vary 3 pounds below the stated weight, therefore the be published in the Federal Register on a notice in the Federal Register (69 FR September 9, 2005. 209) proposing to revise the standards inclusion would be consistent within ADDRESSES: The Final Plan/EIS and based on the petitioner request to define the standards. ROD are available on the Internet at seedless watermelons and add a This proposal will bring the standards http://www.fs.fed.us/r2/psicc/projects/ variance to the size requirements. for watermelons in line with current _ A 60-day comment period was marketing practices, thereby, improving gold camp/. Copies of the Final Plan/ provided for interested parties to the usefulness of the standards in EIS and ROD may be obtained by comment on the proposed changes to serving the industry. The official grade contacting the Pikes Peak Ranger the standards. of a lot of watermelons covered by these District, 601 S. Weber St., Colorado In response to our request for standards will be determined by the Springs, CO 80903. Notice of Appeal comments, AMS received two procedures set forth in the Regulations must be sent to: USDA-Forest Service, comments on the proposed revision. Governing Inspection, Certification, and Rocky Mountain Region, Attn: Appeals One from an industry group Standards of Fresh Fruits, Vegetables Deciding Officer, P.O. Box 25127, representing receivers and one comment and Other Products (Sec. 51.1 to 51.61). Lakewood, Colorado 80225. from a consumer. Both commenters This notice provides for a 60-day FOR FURTHER INFORMATION CONTACT: supported the inclusion of a definition comment period for interested parties to Frank Landis, Supervisory Outdoor for seedless watermelons with a lower comment on changes to the standards. Recreation Planner, Pikes Peak Ranger District, at the address listed above or by number of allowable seed count. The Authority: 7 U.S.C. 1621–1627. commenter representing receivers telephone at 719–477–4203. supported the inclusion of a 3 pound Dated: September 1, 2005. SUPPLEMENTARY INFORMATION: The Final variance in the size requirements, while Lloyd C. Day, Plan/EIS and ROD are also available for the other commenter supported a 1 Administrator, Agricultural Marketing inspection at the following public pound variance. The comments are Service. libraries in Colorado: available by accessing AMS’s Home [FR Doc. 05–17709 Filed 9–6–05; 8:45 am] Penrose Public Library—20 N. Cascade Page on the Internet at: http:// BILLING CODE 3410–02–P Ave., Colorado Springs, CO 80903 www.ams.usda.gov/fv/ East Library—5550 N. Union Blvd., fpbdocketlist.htm. Colorado Springs, CO 80918 After the comment period ended, DEPARTMENT OF AGRICULTURE The Forest Service announced in the AMS received a second petition from Federal Register (69 FR 39401, June 30, Forest Service the NWA amending the seedless 2004) that the agency intended to watermelon definition in their original Gold Camp Road Final Plan/ prepare an EIS addressing the possible petition. The amended petition is Environmental Impact Statement and federal action of preparing a plan for the requesting that seedless watermelons be Record of Decision Gold Camp Road and inviting comments defined as: ‘‘Watermelons which have on the scope of the EIS. Comments were 10 or less mature seeds, not to include AGENCY: Forest Service, USDA. received from April 12 through August

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17, 2004 and were considered in the and the Commission will not refund any The meeting will be conducted Draft Plan/EIS. incurred charges. Callers will incur no pursuant to the provisions of the rules Notices of availability were published charge for calls using the call-in number and regulations of the Commission. in the Federal Register for the Gold over land-line connections. Persons Dated at Washington, DC, August 31, 2005. Camp Road Draft Plan/EIS by the Forest with hearing impairments may also Ivy L. Davis, Service (70 FR 2605, January 14, 2005) follow the proceedings by first calling Acting Chief, Regional Programs and the EPA (70 FR 4119, January 28, the Federal Relay Service at 1–800–977– Coordination Unit. 2005). Comments were accepted on the 8339 and providing the Service with the [FR Doc. 05–17703 Filed 9–6–05; 8:45 am] Draft Plan/EIS through March 29, 2005. conference call number and access code. BILLING CODE 6335–01–P Comments were considered and the To ensure that the Commission Final Plan/EIS was prepared based on secures an appropriate number of lines agency and public input. The Final for the public, persons are asked to DEPARTMENT OF COMMERCE Plan/EIS contains a new preferred register by contacting Thomas Pilla of alternative that incorporates elements of the Western Regional Office, (213) 894– International Trade Administration three of the other action alternatives. 3437, by 3 p.m. on Wednesday, A ROD accompanies the Final Plan/ September 28, 2005. [A–851–802, A–485 805, A–588–851, A–791– EIS. The ROD accompanying the Final 808] Plan/EIS is subject to appeal pursuant to The meeting will be conducted Carbon and Alloy Seamless Standard, 36 CFR 215. pursuant to the provisions of the rules Line, and Pressure Pipe (Under 4 W Reviewers are obligated to structure and regulations of the Commission. inches) from the Czech Republic, their participation in the National Dated at Washington, DC, August 31, 2005. Japan, Romania, and South Africa; Environmental Policy Act process so Ivy L. Davis, Final Results of the Expedited Sunset that it is meaningful and alerts the Acting Chief, Regional Programs Reviews of the Antidumping Duty agency to the reviewer’s position and Coordination Unit. Orders contentions, [Vermont Yankee Nuclear [FR Doc. 05–17702 Filed 9–6–05; 8:45 am] Power Corp. v. NRDS. 435 U.S. 519, 553, BILLING CODE 6335–01–P AGENCY: Import Administration, (1978)]. Environmental objections that International Trade Administration, could have been raised at the draft stage Department of Commerce. may be waived if not raised until after COMMISSION ON CIVIL RIGHTS SUMMARY: On May 2, 2005, the completing the Final EIS [City of Department of Commerce (the Angoon v. Hodel (9th Circuit 1986) and Agenda and Notice of Public Meeting Department) initiated sunset reviews of Wisconsin Heritages Inc. v. Harris 490 of the Hawaii Advisory Committee the antidumping duty orders on certain F. Suppl. 1334, 1338 (E.D. Wis. 1980)]. carbon and alloy seamless standard, This notice is provided pursuant to Notice is hereby given, pursuant to line, and pressure pipe (under 4 W federal regulations implementing the the provisions of the rules and inches) (seamless pipe) from the Czech National Environmental Policy Act (40 regulations of the U.S. Commission on Republic, Japan, Romania, and South CFR 1506.6). Civil Rights, that a conference call of the Africa pursuant to section 751(c) of the Hawaii State Advisory Committee in the Tariff Act of 1930, as amended (the Act). Dated: August 30, 2005. Western Region will convene at 2 p.m. Robert J. Leaverton, On the basis of a notice of intent to (PDT) and adjourn at 3 p.m., Friday, participate and adequate substantive Forest Supervisor. September 30, 2005. The purpose of the responses filed on behalf of domestic [FR Doc. 05–17711 Filed 9–6–05; 8:45 am] conference call is to discuss on-going interested parties and no response from BILLING CODE 3410–11–P projects and plan future activities. respondent interested parties, the This conference call is available to the Department conducted expedited (120- public through the following call-in day) sunset reviews. As a result of these COMMISSION ON CIVIL RIGHTS number: 1–800–473–7796, access code sunset reviews, the Department finds number 44001094. Any interested that revocation of the antidumping duty Agenda and Notice of Public Meeting member of the public may call this orders would likely lead to the of the Alaska Advisory Committee number and listen to the meeting. continuation or recurrence of dumping. Notice is hereby given, pursuant to Callers can expect to incur charges for The dumping margins are identified in the provisions of the rules and calls not initiated using the provided the Final Results of Review section of regulations of the U.S. Commission on call-in number or over wireless lines this notice. Civil Rights, that a conference call of the and the Commission will not refund any EFFECTIVE DATE: September 7, 2005. Alaska State Advisory Committee in the incurred charges. Callers will incur no FOR FURTHER INFORMATION Dana Western Region will convene at 10 a.m. charge for calls using the call-in number Mermelstein, AD/CVD Operations, (PDT) and adjourn at 11 a.m., Thursday, over land-line connections. Persons Office 6, Import Administration, September 29, 2005. The purpose of the with hearing impairments may also International Trade Administration, conference call is to discuss ongoing follow the proceedings by first calling U.S. Department of Commerce, 14th projects and plan future activities. the Federal Relay Service at 1–800–977– Street and Constitution Avenue, NW, This conference call is available to the 8339 and providing the Service with the Washington, DC 20230, telephone (202) public through the following call-in conference call number and access code. 482–1391. number: 1–800–473–8694, access code To ensure that the Commission SUPPLEMENTARY INFORMATION: number 44001081. Any interested secures an appropriate number of lines member of the public may call this for the public, persons are asked to Background number and listen to the meeting. register by contacting Thomas Pilla of On May 2, 2005, the Department Callers can expect to incur charges for the Western Regional Office, (213) 894– initiated sunset reviews of the calls not initiated using the provided 3437, by 3 p.m. on Thursday, September antidumping duty orders on seamless call-in number or over wireless lines 29, 2005. pipe from the Czech Republic, Japan,

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Romania, and South Africa pursuant to steam, petrochemicals, chemicals, oil metering runs. A minor application of section 751(c) of the Act. See Initiation products, natural gas and other liquids this product is for use as oil and gas of Five-year (‘‘Sunset’’) Reviews, 70 FR and gases in industrial piping systems. distribution lines for commercial 22632 (May 2, 2005). The Department They may carry these substances at applications. These applications received notices of intent to participate elevated pressures and temperatures constitute the majority of the market for from two domestic interested parties, and may be subject to the application of the subject seamless pipes. However, United States Steel Corporation (U.S. external heat. Seamless carbon steel ASTM A–106 pipes may be used in Steel) and Koppel Steel Corporation pressure pipe meeting the ASTM A–106 some boiler applications. (Koppel Steel) (collectively, domestic standard may be used in temperatures of Redraw hollows are any unfinished interested parties), within the deadline up to 1000 degrees Fahrenheit, at pipe or ‘‘hollow profiles’’ of carbon or specified in section 351.218(d)(1)(i) of various ASME code stress levels. Alloy alloy steel transformed by hot rolling or the Department’s regulations. Domestic pipes made to ASTM A–335 standard cold drawing/ hydrostatic testing or interested parties claimed interested must be used if temperatures and stress other methods to enable the material to party status under section 771(9)(C) of levels exceed those allowed for ASTM be sold under ASTM A–53, ASTM A– the Act as U.S. producers of the A–106. Seamless pressure pipes sold in 106, ASTM A–333, ASTM A–334, domestic like product. We received the United States are commonly ASTM A–335, ASTM A–589, ASTM A– complete substantive responses from the produced to the ASTM A–106 standard. 795, and API 5L specifications. domestic interested parties within the Seamless standard pipes are most The scope of the orders includes all 30-day deadline specified in 19 CFR commonly produced to the ASTM A–53 seamless pipe meeting the physical 351.218(d)(3)(i). However, we did not specification and generally are not parameters described above and receive any response from any intended for high temperature service. produced to one of the specifications respondent interested parties. As a They are intended for the low listed above, regardless of application, result, pursuant to section 751(c)(3)(B) temperature and pressure conveyance of with the exception of the specific of the Act and 19 CFR water, steam, natural gas, air and other exclusions discussed below, and 351.218(e)(1)(ii)(C)(2), the Department liquids and gases in plumbing and whether or not also certified to a non– conducted expedited sunset reviews of heating systems, air conditioning units, covered specification. Standard, line, these orders. automatic sprinkler systems, and other and pressure applications and the related uses. Standard pipes (depending above–listed specifications are defining Scope of the Orders on type and code) may carry liquids at characteristics of the scope of the The products covered by the orders elevated temperatures but must not orders. Therefore, seamless pipes are seamless carbon and alloy (other exceed relevant ASME code meeting the physical description above, than stainless) steel standard, line, and requirements. If exceptionally low but not produced to the ASTM A–53, pressure pipes and redraw hollows temperature uses or conditions are ASTM A–106, ASTM A–333, ASTM A– produced, or equivalent, to the ASTM anticipated, standard pipe may be 334, ASTM A–335, ASTM A–589, A–53, ASTM A–106, ASTM A–333, manufactured to ASTM A–333 or ASTM ASTM A–795, and API 5L specifications ASTM A–334, ASTM A–335, ASTM A– A–334 specifications. shall be covered if used in a standard, 589, ASTM A–795, and the API 5L Seamless line pipes are intended for line, or pressure application, with the specifications and meeting the physical the conveyance of oil and natural gas or exception of the specific exclusions parameters described below, regardless other fluids in pipe lines. Seamless line discussed below. For example, there are of application. The scope of the orders pipes are produced to the API 5L certain other ASTM specifications of also includes all products used in specification. pipe which, because of overlapping standard, line, or pressure pipe Seamless water well pipe (ASTM A– characteristics, could potentially be applications and meeting the physical 589) and seamless galvanized pipe for used in ASTM A–106 applications. parameters described below, regardless fire protection uses (ASTM A–795) are These specifications generally include of specification. Specifically included used for the conveyance of water. ASTM A–161, ASTM A–192, ASTM A– within the scope of the orders are Seamless pipes are commonly 210, ASTM A–252, ASTM A–501, seamless pipes and redraw hollows, less produced and certified to meet ASTM ASTM A–523, ASTM A–524, and ASTM than or equal to 4.5 inches (114.3 mm) A–106, ASTM A–53, API 5L–B, and API A–618. When such pipes are used in a in outside diameter, regardless of wall– 5L–X42 specifications. To avoid standard, line, or pressure pipe thickness, manufacturing process (hot maintaining separate production runs application, with the exception of the finished or cold–drawn), end finish and separate inventories, manufacturers specific exclusions discussed below, (plain end, beveled end, upset end, typically triple or quadruple certify the such products are covered by the scope threaded, or threaded and coupled), or pipes by meeting the metallurgical of the orders. surface finish. requirements and performing the Specifically excluded from the scope The seamless pipes subject to the required tests pursuant to the respective of the orders are boiler tubing and orders are currently classifiable under specifications. Since distributors sell the mechanical tubing, if such products are the subheadings 7304.10.10.20, vast majority of this product, they can not produced to ASTM A–53, ASTM A– 7304.10.50.20, 7304.31.30.00, thereby maintain a single inventory to 106, ASTM A–333, ASTM A–334, 7304.31.60.50, 7304.39.00.16, service all customers. ASTM A–335, ASTM A–589, ASTM A– 7304.39.00.20, 7304.39.00.24, The primary application of ASTM A– 795, and API 5L specifications and are 7304.39.00.28, 7304.39.00.32, 106 pressure pipes and triple or not used in standard, line, or pressure 7304.51.50.05, 7304.51.50.60, quadruple certified pipes is use in pipe applications. In addition, finished 7304.59.60.00, 7304.59.80.10, pressure piping systems by refineries, and unfinished oil country tubular 7304.59.80.15, 7304.59.80.20, and petrochemical plants, and chemical goods (OCTG) are excluded from the 7304.59.80.25 of the Harmonized Tariff plants. Other applications are in power scope of the orders, if covered by the Schedule of the United States (HTSUS). generation plants (electrical–fossil fuel scope of another antidumping duty Specifications, Characteristics, and or nuclear), and in some oil field uses order from the same country. If not Uses: Seamless pressure pipes are (on shore and off shore) such as for covered by such an OCTG order, intended for the conveyance of water, separator lines, gathering lines and finished and unfinished OCTG are

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included in this scope when used in Final Results of Reviews DEPARTMENT OF COMMERCE standard, line or pressure applications. With regard to the excluded products We determine that revocation of the International Trade Administration antidumping duty orders on pipe listed above, the Department will not (A–580–816) instruct U.S. Customs and Border fittings from the Czech Republic, Japan, Protection (CBP) to require end–use Romania, and South Africa would likely Certain Corrosion–Resistant Carbon certification until such time as lead to continuation or recurrence of Steel Flat Products from the Republic petitioner or other interested parties dumping at the following percentage of Korea: Notice of Preliminary Results provide to the Department a reasonable weighted–average margins: and Partial Rescission of Antidumping basis to believe or suspect that the Duty Administrative Review products are being used in a covered Weighted– application. If such information is Manufacturers/Exporters/Pro- Average AGENCY: Import Administration, provided, we will require end–use ducers Margin International Trade Administration, (Percent) certification only for the product(s) (or Department of Commerce. SUMMARY: specification(s)) for which evidence is Czech Republic. In response to requests from provided that such products are being Nova Hut, A.S...... 39.93 petitioners, the Department of used in covered applications as All Others ...... 32.26 Commerce (the Department) is described above. For example, if, based Japan. conducting the eleventh administrative on evidence provided by petitioner, the Nippon Steel Corporation ...... 106.07 review of the antidumping order on Department finds a reasonable basis to Kawasaki Steel Corporation ...... 106.07 corrosion–resistant carbon steel flat 1 believe or suspect that seamless pipe Sumitomo Metal Industries, Ltd. 106.07 products (CORE) from Korea. This produced to the A–161 specification is All Others ...... 70.43 review covers five manufacturers and being used in a standard, line or Romania. exporters (collectively, the respondents) pressure application, we will require Metal Business International of the subject merchandise: Dongshin end–use certifications for imports of S.R.L...... 11.08 Special Steel Co., Ltd., (Dongshin); that specification. Normally we will S.C. Petrotub S.A...... 11.08 Dongbu Steel Co., Ltd. (Dongbu); require only the importer of record to S.C. Silcotub S.A...... 15.15 Hyundai HYSCO (HYSCO); Pohang Iron certify to the end use of the imported Sota Communication Company .. 15.15 & Steel Company, Ltd. and Pohang merchandise. If it later proves necessary All Others ...... 13.06 Coated Steel Co., Ltd. (POCOS), and for adequate implementation, we may South Africa. Pohang Steel Industries Co., Ltd. (PSI) also require producers who export such Iscor Ltd...... 43.51 (collectively, the POSCO Group); and products to the United States to provide All Others ...... 40.17 Union Steel Manufacturing Co., Ltd. such certification on invoices (Union). The period of review (POR) for accompanying shipments to the United This notice also serves as the only this review is August 1, 2003, through States. reminder to parties subject to July 31, 2004. We preliminarily Although the HTSUS subheadings are determine that during the POR, Dongbu, provided for convenience and customs administrative protective orders (APO) of their responsibility concerning the the POSCO Group, and Union made purposes, our written description of the sales of subject merchandise at less than return or destruction of proprietary merchandise subject to this scope is normal value (NV). However, we information disclosed under APO in dispositive. preliminary determine that HYSCO did accordance with 19 CFR 351.305 of the Analysis of Comments Received not make sales of subject merchandise at Department’s regulations. Timely less than NV (i.e., sales were made at All issues raised in these cases are notification of the return or destruction ‘‘zero’’ or de minimis dumping addressed in the ‘‘Issues and Decision of APO materials or conversion to margins). If these preliminary results are Memorandum’’ from Barbara E. Tillman, judicial protective order is hereby adopted in the final results of this Acting Deputy Assistant Secretary for requested. Failure to comply with the administrative review, we will instruct Import Administration, to Joseph A. regulations and terms of an APO is a U.S. Customs and Border Protection Spetrini, Acting Assistant Secretary for violation which is subject to sanction. (CBP) to assess HYSCO’s appropriate Import Administration, dated August entries at an antidumping liability of 30, 2005, (Decision Memorandum), We are issuing and publishing the results and notice in accordance with zero percent of the entered value and which is hereby adopted by this notice. instruct CBP to assess Dongbu, The issues discussed in the Decision sections 751(c), 752, and 777(i)(1) of the Act. Dongshin, the POSCO Group, and Memorandum include the likelihood of Union at the rates referenced in the continuation or recurrence of dumping Dated: August 30, 2005. ‘‘Preliminary Results of the Review’’ and the magnitude of the margin likely Joseph A. Spetrini, section of this notice. to prevail if the orders are revoked. Acting Assistant Secretary for Import Furthermore, we are rescinding the Parties can find a complete discussion Administration. request for review of the antidumping of all issues raised in these sunset [FR Doc. E5–4868 Filed 9–6–05; 8:45 am] order for SeAH Steel Corporation reviews and the corresponding BILLING CODE 3510–DS–S (SeAH) because SeAH and its affiliates recommendations in this public did not have exports or sales in the memorandum, which is on file in room United States of subject merchandise B–099 of the main Department building. manufactured or produced by SeAH In addition, a complete version of the during the POR. Because Dongshin Decision Memorandum can be accessed failed to respond to the Department’s directly on the Web at http:// questionnaire, we preliminarily ia.ita.doc.gov, under the heading ‘‘September 2005.’’ The paper copy and 1 Petitioners are the Mittal Steel USA ISG, Inc., electronic version of the Decision United States Steel Corporation, and Nucor Memorandum are identical in content. Corporation.

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determine to resort to adverse facts 773(b)(2)(A)(ii) of the Tariff Act of 1930, Dongbu available to determine Dongshin’s as amended (the Act), we had On January 10, 2005, Dongbu dumping margin. Interested parties are reasonable grounds to believe or suspect submitted its sections A–C response to invited to comment on these that sales by these companies of the the initial questionnaire. On February preliminary results. Parties who submit foreign like product under consideration 25, 2005, Dongbu submitted its section comments in this segment of the for the determination of NV in this D response to the initial questionnaire. proceeding should also submit with review were made at prices below the On June 9, 2005, Dongbu submitted its them: (1) a statement of the issues and COP. We instructed Dongshin, Dongbu, supplemental questionnaire response to (2) a brief summary of the comments. HYSCO,3 the POSCO Group, and Union the Department’s May 17, 2005, EFFECTIVE DATE: September 7, 2005. to respond to sections A–D of the initial questionnaire for sections A through D. FOR FURTHER INFORMATION CONTACT: questionnaire,4 which we issued on On July 22, 2005, Dongbu submitted its Jolanta Lawska (Union), Preeti Tolani November 1, 2004. second supplemental questionnaire (Dongbu), Victoria Cho (the POSCO On April 7, 2005, the Department response to the Department’s July 1, Group), and Joy Zhang (HYSCO), AD/ published an extension of preliminary 2005 questionnaire for sections B CVD Operations, Office 3, Import results of the eleventh administrative through D. On August 17, 2005, Dongbu Administration, International Trade review until August 31, 2005. See submitted its third supplemental Administration, U.S. Department of questionnaire response to the Corrosion Resistant Carbon Steel Flat Commerce, 14th Street and Constitution Department’s August 3, 2005, Products From Korea: Extension of Time Avenue, NW, Washington, DC 20230; supplemental questionnaire. telephone: (202) 482–8362, (202) 482– Limits for the Preliminary Results of 0395, (202) 482–5075, and (202) 482– Antidumping Duty Administrative Union 1168, respectively. Review, 70 FR 17648 (April 7, 2005). On January 19, 2005, Union submitted SUPPLEMENTARY INFORMATION: Rescission of Administrative Review its sections A–C responses to the initial for SeAH questionnaire. On February 25, 2005, Background Union submitted its section D response On August 19, 1993, the Department On November 29, 2004, SeAH to the initial questionnaire. On May 6, published the antidumping order on submitted a letter certifying that neither 2005, Union submitted its supplemental CORE from Korea. See Antidumping SeAH nor its affiliates exported or sold questionnaire response to the Duty Orders on Certain Cold–Rolled in the United States subject Department’s April 8, 2005 Carbon Steel Flat Products and Certain merchandise manufactured or produced questionnaire for sections A through C. Corrosion–Resistant Carbon Steel Flat by SeAH during the POR. We conducted On June 30, 2005, Union submitted its Products from Korea, 58 FR 44159 an internal customs data query on supplemental questionnaire response to (August 19, 1993) (Orders on Certain August 1, 2005. The data query the Department’s June 3, 2005 Steel from Korea). On August 3, 2004, indicated that SeAH and its affiliates questionnaire for section D. On August we published in the Federal Register did not have entries of subject 17, 2005, Union submitted its second the notice of Antidumping or merchandise manufactured or produced supplemental questionnaire response to Countervailing Duty Order, Finding, or by SeAH into the United States during the Department’s August 3, 2005, questionnaire for sections A through D. Suspended Investigation; Opportunity the POR. See August 10, 2005, Internal to Request Administrative Review, 69 Customs Data Query memorandum to The POSCO Group FR 46496 (August 3, 2004). On August the file from the team, which is On January 31, 2005, the POSCO 31, 2004, petitioners requested a review available in the Central Records Unit of Dongbu, Dongshin, HYSCO, the Group submitted its sections A through (CRU) room B099 in the main D response to the initial questionnaire. POSCO Group, SeAH, and Union. The Department of Commerce building. Department initiated this review on On June 23, 2005, the POSCO Group September 22, 2004. See Notice of Dongshin submitted its supplemental Initiation of Antidumping and questionnaire response to the Countervailing Duty Administrative Dongshin failed to respond to the Department’s May 25, 2005, Reviews and Request for Revocation in initial questionnaire sent by the questionnaire for sections A through D. Part, 69 FR 56745 (September 22, 2004). Department on November 1, 2004. On HYSCO During the most recently completed January 5, 2005, the Department sent a On January 10, 2005, HYSCO segments of the proceeding in which follow up letter to Dongshin inquiring submitted its sections A through C Dongbu, HYSCO, the POSCO Group, whether it intended to respond to the Department’s initial questionnaire and response to the initial questionnaire. On and Union participated, the Department April 12, 2005, HYSCO submitted its disregarded sales below the cost of indicating that its failure to do so could result in the use of adverse facts section D response to the initial production (COP) that failed the cost questionnaire. On May 5, 2005, HYSCO test.2 Therefore, pursuant to section available. Dongshin failed to respond to the questionnaire or to the January 5, submitted its supplemental questionnaire response to the 2 Certain Corrosion-Resistant Carbon Steel Flat 2005, letter. Products from the Republic of Korea: Notice of Department’s April 8, 2005 Preliminary Results of Antidumping Duty questionnaire for sections A through C. 3 In the previous segment the Department Administrative Review and Antidumping Duty New included a new shipper review of HYSCO. See On July 15, 2005, HYSCO submitted its Shipper Review, 69 FR 54101, 54106-7 (September Preliminary Results from the 10th Review of CORE second supplemental questionnaire 7, 2004) (Preliminary Results from the 10th Review from KOREA, 69 FR 54101 and Final Results from of CORE from KOREA); Notice of Final Result of the response to the Department’s June 24, the 10th Review of CORE from Korea, 70 FR 12443. Tenth Administrative Review and New Shipper of 2005 questionnaire for sections A 4 the Antidumping Duty Order on Certain Corrosion Section A: Organization, Accounting Practices, through D. On August 9, 2005, HYSCO Markets and Merchandise Resistant Carbon Steel Flat Products from the submitted a second supplemental Republic of Korea, 70 FR 12443 (March 14, 2005) Section B: Comparison Market Sales (Final Results from the10th Review of CORE from Section C: Sales to the United States questionnaire response to the Korea) and accompanying Issues and Decisions Section D: Cost of Production and Constructed Department’s July 22, 2005 and August Memorandum (10th Review Decision Memo) at 10. Value 3, 2005 questionnaires for section D.

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Period of Review rolled products, which are three– ability to comply with the Department’s The POR covered by this review is layered corrosion–resistant carbon steel request for information. Accordingly, August 1, 2003, through July 31, 2004. flat–rolled products less than 4.75 the Department is using an inference millimeters in composite thickness that that is adverse to Dongshin in the Scope of the Order consist of a carbon steel flat–rolled preliminary results pursuant to section This order covers flat–rolled carbon product clad on both sides with 776(b) of the Act. Specifically, as steel products, of rectangular shape, stainless steel in a 20%-60%-20% ratio. described below, we are using the either clad, plated, or coated with These HTSUS item numbers are highest calculated margin in this corrosion–resistant metals such as zinc, provided for convenience and customs proceeding as AFA. aluminum, or zinc-, aluminum-, nickel- purposes. The written descriptions Section 776(c) of the Act provides that or iron–based alloys, whether or not remain dispositive. when the Department selects from among the facts otherwise available and corrugated or painted, varnished or Use of Adverse Facts Available relies on ‘‘secondary information,’’ the coated with plastics or other In accordance with section 776(a)(2) nonmetallic substances in addition to Department shall, to the extent of the Act, the Department has practicable, corroborate that information the metallic coating, in coils (whether or determined that the use of facts not in successively superimposed from independent sources reasonably at available is appropriate for purposes of the Department’s disposal. The layers) and of a width of 0.5 inch or determining the preliminary dumping greater, or in straight lengths which, if Statement of Administrative Action margins for the subject merchandise (SAA) provides that ‘‘corroborate’’ of a thickness less than 4.75 millimeters, sold by Dongshin. Section 776(a)(2) of means simply that the Department will are of a width of 0.5 inch or greater and the Act provides in relevant part: satisfy itself that the secondary which measures at least 10 times the If an interested party (A) withholds information to be used has probative thickness or if of a thickness of 4.75 information that has been requested value. See Statement of Administrative millimeters or more are of a width by the administrating authority; (B) Action accompanying the Uruguay which exceeds 150 millimeters and fails to provide such information by Round Agreements Act, H.R. Doc. No. measures at least twice the thickness, as the deadlines for submission of the 103–316 at 870 (1994) and 19 CFR currently classifiable in the Harmonized information or in the form and 351.308(d). However, unlike other types Tariff Schedule of the United States manner requested, subject to of information, such as input costs or (HTSUS) under item numbers subsections (c)(I) and (e) of section selling expenses, there are no 7210.30.0030, 7210.30.0060, 782; (C) significantly impedes a independent sources for calculated 7210.41.0000, 7210.49.0030, proceeding under this subtitle; or dumping margins. The only source for 7210.49.0090, 7210.61.0000, (D) provides such information but calculated margins is administrative 7210.69.0000, 7210.70.6030, the information cannot be verified determinations. Thus, in an 7210.70.6060, 7210.70.6090, as provided in section 782(I), the administrative review, if the Department 7210.90.1000, 7210.90.6000, administering authority shall, chooses as total adverse facts available 7210.90.9000, 7212.20.0000, subject to section 782(d) of this a calculated dumping margin from a 7212.30.1030, 7212.30.1090, title, use the facts otherwise prior segment of the proceeding, it does 7212.30.3000, 7212.30.5000, available in reaching the applicable not question the reliability of the margin 7212.40.1000, 7212.40.5000, determination under this subtitle. for that time period. See Grain–Oriented 7212.50.0000, 7212.60.0000, Moreover, section 776(b) of the Act Electrical Steel from Italy: Preliminary 7215.90.1000, 7215.90.3000, provides in relevant part that: Results of Antidumping Duty 7215.90.5000, 7217.20.1500, If the administering authority finds Administrative Review, 61 FR 36551, 7217.30.1530, 7217.30.1560, that an interested party has failed to 36552 (July 11, 1996). With respect to 7217.90.1000, 7217.90.5030, cooperate by not acting to the best the relevance aspect of corroboration, 7217.90.5060, 7217.90.5090. Included in of its ability to comply with a however, the Department will consider the order are flat–rolled products of request for information from the information reasonably at its disposal to non–rectangular cross-section where administering authority, the determine whether a margin continues such cross-section is achieved administering authority, in reaching to have relevance. Where circumstances subsequent to the rolling process the applicable determination under indicate that the selected margin is not including products which have been this subtitle, may use an inference appropriate as adverse facts available, beveled or rounded at the edges (i.e., that is adverse to the interests of the the Department will disregard the products which have been ‘‘worked party in selecting from among the margin and determine an appropriate after rolling’’). Excluded from this facts otherwise available. margin. review are flat–rolled steel products As explained above in the For example, in Fresh Cut Flowers either plated or coated with tin, lead, ‘‘Background’’ section of these from Mexico: Final Results of chromium, chromium oxides, both tin preliminary results, Dongshin, despite Antidumping Administrative Review, 61 and lead (‘‘terne plate’’), or both the Department’s repeated inquiries, FR 6812, 6814 (February 22, 1996), the chromium and chromium oxides (‘‘tin– failed to provide a response to the Department disregarded the highest free steel’’), whether or not painted, Department’s initial questionnaire. margin in that case as adverse best varnished or coated with plastics or Therefore, we have determined that information available (the predecessor other nonmetallic substances in Dongshin’s failure to respond to the to facts available) because the margin addition to the metallic coating. Also Department’s questionnaire warrants the was based on another company’s rate excluded from this review are clad use of facts otherwise available pursuant that was uncharacteristic of the products in straight lengths of 0.1875 to sections 776(a)(2)(A) and (C) of the industry, resulting in an unusually high inch or more in composite thickness Act. Furthermore, because of Dongshin’s margin. Similarly, the Department does and of a width which exceeds 150 failure to respond to the Department’s not apply a margin that has been millimeters and measures at least twice questionnaire and letter of January 5, discredited. See D & L Supply Co. v. the thickness. Also excluded from this 2005, we find that Dongshin failed to United States, 113 F.3d 1220, 1223 (Fed. review are certain clad stainless flat– cooperate by not acting to the best of its Cir. 1997) (the Department will not use

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a margin that has been invalidated); see accordance with section 777A(d)(2) of expenses in the country of manufacture also F. Lli De Cecco di Filippo v. United the Act, we calculated monthly and the United States associated with States, 216 F.3d 1027 (Fed. Cir. 2000). weighted–average prices for NV and economic activity in the United States. Accordingly, for Dongshin we have compared these to individual U.S. Pursuant to section 772(d)(3) of the Act, resorted to adverse facts available and transactions. we made an adjustment for CEP profit. have used 17.70 percent,5 the highest Where appropriate, we added interest Export Price/Constructed Export Price margin upheld in this proceeding, as the revenue to the gross unit price. margin for these preliminary results We calculated the price of U.S. sales In order to ensure that we have because there is no evidence on the based on CEP, in accordance with accounted for all appropriate U.S. record indicating that such a margin is section 772(b) of the Act. The Act interest expenses (i.e. both imputed and not appropriate as adverse facts defines the term ‘‘constructed export actual) without double–counting, we available. See Orders on Certain Steel price’’ as ‘‘the price at which the subject have utilized the following interest from Korea. merchandise is first sold (or agreed to be expense methodology. As in a previous sold) in the United States before or after review, in the U.S. indirect selling Product Comparisons the date of importation by or for the expenses, we have included net In accordance with section 771(16) of account of the producer or exporter of financial expenses incurred by the the Act, we considered all CORE such merchandise or by a seller respondent’s U.S. affiliates; however, products produced by the respondents, affiliated with the producer or exporter, we added U.S. interest expenses only covered by the scope of the order, and to a purchaser not affiliated with the after deducting U.S. imputed credit sold in the home market during the POR producer or exporter, as adjusted under expenses and U.S. inventory carrying to be foreign like products for the subsections (c) and (d) of this section.’’ costs, so as to eliminate the possibility purpose of determining appropriate (19 U.S.C. 1677a(b)). In contrast, section of double–counting U.S. interest product comparisons to CORE sold in 772(a) of the Act defines ‘‘export price’’ expenses.6 the United States. as ‘‘the price at which the subject Consistent with the Department’s Where there were no sales in the merchandise is first sold (or agreed to be normal practice, we added the reported ordinary course of trade of identical sold) before the date of importation by duty drawback to the gross unit price. merchandise in the home market to the producer or exporter of the subject We did so in accordance with the compare to U.S. sales, we compared merchandise outside of the United Department’s long–standing test, which U.S. sales to the next most similar States to an unaffiliated purchaser in the requires: (1) that the import duty and foreign like product on the basis of the United States or to an unaffiliated rebate be directly linked to, and characteristics listed in Appendix V of purchaser for exportation to the United dependent upon, one another; and (2) the Department’s antidumping States, as adjusted under subsection (c) that the company claiming the questionnaire. In making the product of this section.’’ (19 U.S.C. 1677a(a)). adjustment demonstrate that there were comparisons, we matched foreign like In determining whether to classify sufficient imports of imported raw products based on the physical U.S. sales as either EP or CEP sales, the materials to account for the duty characteristics reported by the Department must examine the totality of drawback received on the exports of the respondent. Where sales were made in the circumstances surrounding the U.S. manufactured product. See Certain the home market on a different weight sales process, and assess whether the Cold–Rolled and Corrosion–Resistant basis from the U.S. market (theoretical reviewed sales were made ‘‘in the Carbon Steel Flat Products from Korea: versus actual weight), we converted all United States’’ for purposes of section Preliminary Results, 65 FR 54197, 54202 quantities to the same weight basis, 772(b) of the Act. In the instant case, the (September 7, 2000) (Preliminary using the conversion factors supplied by record establishes that Dongbu’s, the Results of the 6th Review of CORE from the respondent, before making our fair– POSCO Group’s, Union’s, and HYSCO’s Korea). value comparisons. affiliates in the United States (1) took title to the subject merchandise and (2) Normal Value Normal Value Comparisons invoiced and received payment from the Based on a comparison of the To determine whether sales of CORE unaffiliated U.S. customers for their aggregate quantity of home market and by the respondents to the United States sales of the subject merchandise to those U.S. sales, we determined that the were made at less than NV, we U.S. customers. Thus, the Department quantity of the foreign like product sold compared the Export Price (EP) or has determined that these U.S. sales in the exporting country was sufficient Constructed Export Price (CEP) to the should be classified as CEP transactions. to permit a proper comparison with the NV, as described in the ‘‘Export Price/ For Dongbu, the POSCO Group, sales of the subject merchandise to the Constructed Export Price’’ and ‘‘Normal Union, and HYSCO, we calculated CEP United States, pursuant to section 773(a) Value’’ sections of this notice. In based on packed prices to unaffiliated of the Act. Therefore, in accordance customers in the United States. Where with section 773(a)(1)(B)(I) of the Act, 5 This rate was a calculated rate based on the appropriate, we made deductions from we based NV on the price at which the weighted-average margin for Pohang Iron and Steel, the starting price for foreign inland foreign like product was first sold for the sole respondent in the investigation of freight, foreign inland insurance, foreign corrosion-resistant steel from Korea. See Final consumption in the home market, in the Determinations of Sales at Less Than Fair Value: brokerage and handling, international usual commercial quantities and in the Certain Hot-Rolled Carbon Steel Flat Products, freight, marine insurance, U.S. ordinary course of trade. Certain Cold-Rolled Carbon Steel Flat Products, warehousing expenses, U.S. wharfage, Where appropriate, we deducted Certain Corrosion-Resistant Carbon Steel Flat U.S. inland freight, U.S. brokerage and Products, and Certain Cut-to-Length Carbon Steel rebates, discounts, inland freight (offset, Plate From Korea, 58 FR 37176, 37191-2 (July 9, handling, loading expenses, other U.S. 1993); see also Amendment of Final Determinations transportation expenses, U.S. customs 6 See Issues and Decision Memorandum for the of Sales at Less Than Fair Value: Certain Hot-Rolled duties, commissions, credit expenses, Final Results of Antidumping Administrative Carbon Steel Flat Products, Certain Cold-Rolled letter of credit expenses, warranty Review of Cold-Rolled (CR) and Corrosion- Carbon Steel Flat Products, Certain Corrosion- Resistant (CORE) Carbon Steel Flat Products from Resistant Carbon Steel Flat Products, and Certain expenses, other direct selling expenses, Korea, from Joseph A. Spetrini to Faryar Shirzad, Cut-to-Length Carbon Steel Plate From Korea, 58 FR inventory carrying costs incurred in the Comment 1, (March 11, 2002) (Final Results of the 41083, 41084 (August 2, 1993). United States, and other indirect selling 7th Administrative Review), on file in the CRU.

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where applicable, by freight revenue), between the producer and the B. Major Input Rule inland insurance, and packing. unaffiliated (or arm’s–length) customers. Pursuant to section 773(f)(2) and (3) of Additionally, we made adjustments to If the comparison–market sales are at a the Act and section 351.407(b) of the NV, where appropriate, for credit different LOT and the differences affect Department’s regulations, the expenses (offset, where applicable, by price comparability, as manifested in a Department may value major inputs interest income), warranty expenses, pattern of consistent price differences purchased from affiliated suppliers at post–sale warehousing, and differences between the sales on which NV is based the higher of the transfer price, the in weight basis. We also made and comparison–market sales at the market price, or the affiliate’s COP. adjustments, where appropriate, for LOT of the export transaction, we will HYSCO reported purchases of raw home market indirect selling expenses make a LOT adjustment under section material input accounting for a and inventory carrying costs to offset 773(a)(7)(A) of the Act. For CEP sales, if significant portion of its total material U.S. commissions. the NV LOT is more remote from the cost from an affiliated supplier. We We also increased NV by U.S. packing factory than the CEP LOT and there is requested that HYSCO supply its costs in accordance with section no basis for determining whether the affiliate supplier’s COP information for 773(a)(6)(A) of the Act. We made differences in LOT between NV and CEP the major material input. In HYSCO’s adjustments to NV for differences in affected price comparability, we will letter dated July 12, 2005 and cost attributable to differences in grant a CEP offset, as provided in supplemental questionnaire response physical characteristics of the section 773(a)(7)(B) of the Act. See dated July 15, 2005, HYSCO indicated merchandise, pursuant to section Notice of Final Determination of Sales that, despite its repeated requests, its 773(a)(6)(C)(ii) of the Act. In accordance at Less Than Fair Value: Certain Cut–to- affiliated supplier has refused to with the Department’s practice, where Length Carbon Steel Plate from South provide the COP information. Where an all contemporaneous matches to a U.S. Africa, 62 FR 61731, 61732–33 sale observation resulted in difference– interested party or any other person (November 19, 1997). withholds necessary information that in-merchandise adjustments exceeding We did not make an adjustment under 20 percent of the cost of manufacturing has been requested, the application of section 351.412(e) of the Department’s facts available is appropriate in reaching (COM) of the U.S. product, we based NV regulations because, as there was only on constructed value (CV). See Policy a determination, in accordance with one home market level of trade for each section 776(a) of the Act. Under section Bulletin, Number 92.2, Difmer 20% respondent, we were unable to identify Rule, July 29, 1992. 776(b) of the Act, we may use an a pattern of consistent price differences inference adverse to the interests of an For purposes of calculating the NV, attributable to differences in levels of section 771(16) of the Act defines interested party that has failed to trade (see 19 CFR 351.412(d)). Under cooperate by not acting to the best of its ‘‘foreign like product’’ as merchandise section 351.412(f) of the Department’s which is either (1) identical or (2) ability to comply with a request for regulations, we are preliminarily information. In determining whether a similar to the merchandise sold in the granting a CEP offset for Dongbu, U.S. When there are no identical respondent has acted to the best of its HYSCO, the POSCO group, and Union ability in seeking the COP information products sold in the home market, the because NV for these companies are at products which are most similar to the from its affiliate, the Department usually a more advanced level of trade than the examines the nature of the affiliation, in product sold in the U.S. are identified. U.S. CEP sales. For the non–identical or most similar addition to other facts. See Certain Cut– For a detailed description of our LOT to-Length Carbon Steel Plate from products which are identified based on methodology and a summary of the Department’s product matching Brazil: Final Results of Antidumping company–specific LOT findings for Duty Administrative Review, 63 FR criteria, an adjustment is made to the these preliminary results, see the home market sales price to account for 12744, 1275l (March 16, 1998) (Plate August 31, 2005, company–specific from Brazil). Given the nature of the the actual physical differences between calculation memoranda for Dongbu, the products sold in the U.S. and the affiliation, we determine that HYSCO HYSCO, the POSCO group, and Union, made reasonable attempts to obtain the home market or third country market. which are on file in the CRU. See 19 CFR 351.411 and section requested COP information from its 773(a)(6)(C)(ii) of the Act. Cost of Production/Constructed Value affiliate. Therefore, we are not applying an adverse inference in selecting from Level of Trade A. Calculation of COP the facts available. In accordance with section We are investigating COP for Dongbu, In prior cases, we have turned to other 773(a)(1)(B) of the Act, we determined HYSCO, the POSCO group, and Union COP information on the record, if NV based on sales in the comparison because during the most recently available, as non–adverse ‘‘gap–filling’’ market at the same level of trade (LOT) completed segments of the proceeding facts available. However, the record as the CEP sales, to the extent in which Dongbu, HYSCO, the POSCO contains no other information about the practicable. When there were no sales at Group, and Union participated, the affiliated supplier’s COP. In prior cases, the same LOT, we compared U.S. sales Department found and disregarded sales when there is no such COP data on the to comparison market sales at a different that failed the cost test. We calculated record and no indication that the LOT. When NV is based on CV, the NV a company–specific COP for Dongbu, affiliated supplier’s COP is higher than LOT is that of the sales from which we HYSCO, the POSCO Group, and Union the transfer or market price, we have derive selling expenses, general, and based on the sum of each respondent’s used the higher of the transfer price or administrative expenses (SG&A), and cost of materials and fabrication for the the market price as facts available. See profit. foreign like product, plus amounts for Plate from Brazil at 12751; Notice of Pursuant to section 351.412 of the home–market selling expenses, SG&A, Final Determination of Sales at Less Department’s regulations, to determine and packing costs in accordance with Than Fair Value: Certain Polyester whether comparison market sales were section 773(b)(3) of the Act. We relied Staple Fiber from the Republic of Korea, at a different LOT, we examine stages in on Dongbu’s, the POSCO Group’s, 65 FR 16880 (March 30, 2000) and the marketing process and selling Union’s and HYSCO’s information as accompanying Issues and Decision functions along the chain of distribution submitted. Memorandum at Comment 6. As facts

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available for the major input, we are of a given product of 20 percent or more party have been excluded from the NV using the market prices that HYSCO and used the remaining sales as the calculation. Id. reported for its purchases of the major basis for determining NV, in accordance Currency Conversion input from unaffiliated suppliers. See with section 773(b)(1) of the Act. See the August 31, 2005 Calculation the August 31, 2005 Calculation For purposes of these preliminary Memorandum for Hyundai HYSCO, on Memorandum for Dongbu Steel Co., results, we made currency conversions file in the CRU. Ltd., Calculation Memorandum for in accordance with section 773A(a) of Hyundai HYSCO; Calculation the Act, based on the official exchange C. Test of Home–Market Prices Memorandum for Pohang Iron & Steel rates published by the Federal Reserve In determining whether to disregard Company, Ltd. (POSCO), Pohang Coated Bank. home–market sales made at prices Steel Co., Ltd. (POCOS), and Pohang Preliminary Results of the Review below the COP, as required under Steel Industries Co., Ltd. (PSI) - sections 773(b)(1)(A) and (B) of the Act, (collectively, the POSCO Group); and As a result of this review, we we compared the weighted–average Calculation Memorandum for Union preliminarily find that the following COP figures to home–market sales of the which are on file in the CRU. weighted–average dumping margins foreign like product and we examined exist: whether (1) within an extended period E. Calculation of CV of time, such sales were made in In accordance with section 773(e)(1) Producer/Manufacturer Weighted–Average substantial quantities, and (2) such sales of the Act, we calculated CV based on Margin were made at prices which permitted the sum of each respondent’s cost of Dongbu ...... 2.42% the recovery of all costs within a materials, fabrication, SG&A, including Dongshin ...... 17.70% reasonable period of time. On a interest expenses, U.S. packing costs, HYSCO ...... 0.0 product–specific basis, we compared and profit. In accordance with section The POSCO Group ...... 4.13% the COP to the home–market prices (not 773(e)(2)(A) of the Act, we based SG&A Union ...... 2.19% including VAT), less any applicable and profit on the actual amounts movement charges, discounts, and incurred and realized by the respondent The Department will disclose rebates. in connection with the production and calculations performed within five days sale of the foreign like product in the of the date of publication of this notice D. Results of COP Test ordinary course of trade, for to the parties of this proceeding in Pursuant to section 773(b)(1) of the consumption in the foreign country. For accordance with 19 CFR 351.224(b). Act, we may disregard below COP sales selling expenses, we used the weighted– Interested parties may submit case and in the determination of NV if these sales average home–market selling expenses. rebuttal briefs. The Department will have been made within an extended We also made adjustments, where announce the due date of the case briefs period of time in substantial quantities appropriate, for home–market indirect at a later date. Rebuttal briefs must be and were not at prices which permit selling expenses to offset U.S. limited to issues raised in the case recovery of all costs within a reasonable commissions in CEP comparisons. briefs. Parties who submit arguments are period of time. Where 20 percent or requested to submit with the argument more of a respondent’s sales of a given Arm’s Length Sales (1) a statement of the issue, and (2) a product during the POR were at prices The POSCO Group reported sales of brief summary of the argument. Further, less than the COP for at least six months the foreign like product to an affiliated parties submitting written comments are of the POR, we determined that sales of reseller/service center. Dongbu and requested to provide the Department that model were made in ‘‘substantial HYSCO also reported that they made with an additional copy of the public quantities’’ for an extended period of sales in the home market to affiliated version of any such comments on a time, in accordance with sections parties. The Department calculates NV diskette. An interested party may 773(b)(2)(B) and (C) of the Act. Where based on a sale to an affiliated party request a hearing within 30 days of prices of a respondent’s sales of a given only if it is satisfied that the price to the publication of these preliminary results. product were below the per–unit COP at affiliated party is comparable to the See 19 CFR 351.310(c). Any hearing, if the time of sale and below the price at which sales are made to parties requested, ordinarily will be held two weighted–average per unit costs for the not affiliated with the producer or days after the due date of the rebuttal POR, we determined that sales were not exporter, i.e., sales at arm’s length. See briefs. The Department will issue the at prices which would permit recovery 19 CFR 351.403(c). final results of this administrative of all costs within a reasonable period To test whether these sales were made review, which will include the results of of time, in accordance with section at arm’s length, we compared the its analysis of issues raised in any such 773(b)(2)(D) of the Act. In such cases, starting prices of sales to affiliated and comments, or at a hearing, if requested, we disregarded the below–cost sales in unaffiliated customers net of all within 120 days of publication of these accordance with section 773(b)(1) of the movement charges, direct selling preliminary results. Act. expenses, discounts and packing. In Pursuant to section 773(b)(2)(C) of the accordance with the Department’s Assessment Rate Act, where less than 20 percent of a current practice, if the prices charged to Pursuant to 19 CFR 351.212(b), the respondent’s sales of a given product an affiliated party were, on average, Department calculated an assessment were at prices less than the COP, we did between 98 and 102 percent of the rate for each importer of the subject not disregard any below–cost sales of prices charged to unaffiliated parties for merchandise. Upon issuance of the final that product because we determined merchandise identical or most similar to results of this administrative review, if that the below–cost sales were not made that sold to the affiliated party, we any importer–specific assessment rates in ‘‘substantial quantities.’’ considered the sales to be at arm’s– calculated in the final results are above We tested and identified below–cost length prices. See 19 CFR 351.403(c). de minimis (i.e., at or above 0.5 percent), home market sales for Dongbu, Union, Conversely, where we found sales to the the Department will issue appraisement the POSCO Group, and HYSCO. We affiliated party did not pass the arm’s– instructions directly to CBP to assess disregarded individual below–cost sales length test, all sales to that affiliated antidumping duties on appropriate

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entries by applying the assessment rate Steel from Korea. These cash deposit the Final Results of Reviews section of to the entered value of the merchandise. requirements, when imposed, shall this notice. For assessment purposes, we calculated remain in effect until publication of the EFFECTIVE DATE: September 7, 2005. importer–specific assessment rates for final results of the next administrative FOR FURTHER INFORMATION Saliha Loucif the subject merchandise by aggregating review. or David Goldberger, AD/CVD the dumping margins for all U.S. sales Notification to Importers Operations, Import Administration, to each importer and dividing the International Trade Administration, amount by the total entered value of the This notice serves as a preliminary U.S. Department of Commerce, 14th sales to that importer. In instances reminder to importers of their Street & Constitution Avenue, NW, where entered value was not reported, responsibility under 19 CFR 351.402(f) Washington, DC 20230; telephone: (202) we calculated importer–specific to file a certificate regarding the 482–1779 and (202) 482–4136, assessment rates by aggregating the reimbursement of antidumping duties respectively. dumping margins calculated for all of prior to liquidation of the relevant the U.S. sales examined and dividing entries during this review period. SUPPLEMENTARY INFORMATION: this amount by the total quantity of the Failure to comply with this requirement Background: could result in the Secretary’s sales examined. To determine whether On May 2, 2005, the Department the duty assessment rates were presumption that reimbursement of antidumping duties occurred and the published the notice of initiation of the de minimis, in accordance with the sunset reviews of the antidumping duty requirement set forth in 19 CFR 351.106 subsequent assessment of double antidumping duties. orders on Large Diameter SSLPP from (c)(2), we calculated importer–specific Japan and Mexico, pursuant to section ad valorem ratios based on export This administrative review is issued and published in accordance with 751(c) of the Act. See Initiation of Five- prices. The Department will issue year (Sunset) Reviews, 70 FR 22632 appropriate assessment instructions sections 751(a)(1) and 777(I)(1) of the Act. (May 2, 2005). See also Procedures for directly to CBP within 15 days of Conducting Five-year (Sunset) Reviews publication of the final results of Dated: August 31, 2005. of Antidumping and Countervailing review. Barbara E. Tillman, Duty Orders, 63 FR 13516, 13522 Cash Deposit Requirements Acting Assistant Secretary for Import (March 20, 1998). On May 17, 2005, the Administration. Department received the Notice of To calculate the cash deposit rate for [FR Doc. E5–4867 Filed 9–6–05; 8:45 am] each producer and/or exporter included Intent to Participate from United States in this administrative review, we BILLING CODE 3510–DS–S Steel Corporation (U.S. Steel) (the divided the total dumping margins for domestic interested party), within the deadline specified in section each company by the total net value for DEPARTMENT OF COMMERCE that company’s sales during the review 351.218(d)(1)(i) of the Department’s Regulations. The domestic interested period. International Trade Administration The following deposit rates will be party claimed interested party status effective upon publication of the final (A–588–850, A–201–827) under section 771(9)(c) of the Act, as a results of this administrative review for manufacturer, producer, or wholesaler Certain Large Diameter Carbon and of the subject merchandise in the United all shipments of CORE for Korea Alloy Seamless Standard, Line and entered, or withdrawn from warehouse, States. Pressure Pipe from Japan and Mexico; On June 1, 2005, we received for consumption on or after the Final Results of the Expedited Sunset publication date, as provided by section complete substantive responses from the Reviews of the Antidumping Duty domestic interested party within the 30- 751(a)(2)(C) of the Act: (1) The cash Orders deposit rates for the companies listed day deadline specified in section above will be the rates established in the AGENCY: Import Administration, 351.218(d)(3)(i) of the Department’s final results of these reviews, except if International Trade Administration, Regulations. On the same day, Tubos de the rate is less than 0.5 percent and, Department of Commerce. Aceros de Mexico, S.A. (TAMSA), the therefore, de minimis, the cash deposit SUMMARY: On May 2, 2005, the sole respondent in the investigation of will be zero; (2) for previously reviewed Department of Commerce (the Large Diameter SSLPP from Mexico, and or investigated companies not listed Department) initiated sunset reviews of the only known producer of subject the antidumping duty orders on certain merchandise in Mexico, submitted a above, the cash deposit rate will 1 continue to be the company–specific large diameter carbon and alloy waiver of participation. In the sunset rate published for the most recent final seamless standard, line and pressure reviews of Large Diameter SSLPP from results in which that manufacturer or pipe (Large Diameter SSLPP) from Japan Mexico and Japan, the Department has exporter participated; (3) if the exporter and Mexico pursuant to section 751(c) not received any notice of intent to is not a firm covered in these reviews, of the Tariff Act of 1930, as amended participate nor substantive response a prior review, or the original less than (the Act). On the basis of a notice of from any respondent interested party. fair value investigation, but the intent to participate and an adequate As a result, pursuant to section manufacturer is, the cash deposit rate substantive response filed on behalf of 751(c)(3)(B) of the Act and section will be the rate established for the most domestic interested parties and no 351.218(e)(1)(ii)(c)(2) of the recent final results for the manufacturer response from respondent interested Department’s Regulations, the of the merchandise; and (4) if neither parties, the Department conducted 1 During the course of its investigation, the the exporter nor the manufacturer is a expedited (120-day) sunset reviews for Department determined that Tubos de Aceros de firm covered in these or any previous these orders. As a result of these sunset Mexico, S.A. (TAMSA) was the sole producer of review conducted by the Department, reviews, the Department finds that Large Diameter SSLPP in Mexico. See Notice of the cash deposit rate will be 17.70 revocation of the antidumping duty Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final percent, the ‘‘All Others’’ rate orders would be likely to lead to Determination: Certain Large Diameter Carbon and established in the underlying continuation or recurrence of dumping. Alloy Seamless Standard, Line and Pressure Pipe investigation. See Orders on Certain The dumping margins are identified in From Mexico, 65 FR 5587 (February 4, 2000).

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Department conducted expedited (120- American Society of Mechanical parameters described above and day) sunset reviews of these orders. Engineers (ASME) code stress levels. produced to one of the specifications Alloy pipes made to ASTM A335 listed above, regardless of application, Scope of the Orders standard must be used if temperatures with the exception of the exclusions The products covered by this order and stress levels exceed those allowed discussed below, whether or not also are large diameter seamless carbon and for ASTM A106. Seamless pressure certified to a non–covered specification. alloy (other than stainless) steel pipes sold in the United States are Standard, line, and pressure standard, line, and pressure pipes commonly produced to the ASTM A106 applications and the above–listed produced, or equivalent, to the standard. specifications are defining American Society for Testing and Seamless standard pipes are most characteristics of the scope of this order. Materials (ASTM) A53, ASTM A106, commonly produced to the ASTM A53 Therefore, seamless pipes meeting the ASTM A333, ASTM A334, ASTM A589, specification and generally are not physical description above, but not ASTM A795, and the American intended for high temperature service. produced to the ASTM A53, ASTM Petroleum Institute (API) 5L They are intended for the low A106, ASTM A333, ASTM A334, ASTM specifications and meeting the physical temperature and pressure conveyance of A589, ASTM A795, and API 5L parameters described below, regardless water, steam, natural gas, air and other specifications shall be covered if used in of application, with the exception of the liquids and gasses in plumbing and a standard, line, or pressure application, exclusions discussed below. The scope heating systems, air conditioning units, with the exception of the specific of this order also includes all other automatic sprinkler systems, and other exclusions discussed below. products used in standard, line, or related uses. Standard pipes (depending For example, there are certain other pressure pipe applications and meeting on type and code) may carry liquids at ASTM specifications of pipe which, the physical parameters described elevated temperatures but must not because of overlapping characteristics, below, regardless of specification, with exceed relevant ASME code could potentially be used in ASTM the exception of the exclusions requirements. If exceptionally low A106 applications. These specifications discussed below. temperature uses or conditions are generally include ASTM A161, ASTM Specifically included within the anticipated, standard pipe may be A192, ASTM A210, ASTM A252, ASTM scope of this order are seamless pipes manufactured to ASTM A333 or ASTM A501, ASTM A523, ASTM A524, and greater than 4.5 inches (114.3 mm) up A334 specifications. ASTM A618. When such pipes are used to and including 16 inches (406.4 mm) Seamless line pipes are intended for in a standard, line, or pressure pipe in outside diameter, regardless of wall– the conveyance of oil and natural gas or application, such products are covered thickness, manufacturing process (hot other fluids in pipe lines. Seamless line by the scope of this order. finished or cold–drawn), end finish pipes are produced to the API 5L Specifically excluded from the scope (plain end, beveled end, upset end, specification. Seamless water well pipe of this order are: threaded, or threaded and coupled), or (ASTM A589) and seamless galvanized A. Boiler tubing and mechanical surface finish. pipe for fire protection uses (ASTM tubing, if such products are not The seamless pipes subject to this A795) are used for the conveyance of produced to ASTM A53, ASTM A106, order are currently classifiable under water. Seamless pipes are commonly ASTM A333, ASTM A334, ASTM A589, the subheadings 7304.10.10.30, produced and certified to meet ASTM ASTM A795, and API 5L specifications 7304.10.10.45, 7304.10.10.60, A106, ASTM A53, API 5L–B, and API and are not used in standard, line, or 7304.10.50.50, 7304.31.60.50, 5L–X42 specifications. To avoid pressure pipe applications. 7304.39.00.36, 7304.39.00.40, maintaining separate production runs B. Finished and unfinished oil 7304.39.00.44, 7304.39.00.48, and separate inventories, manufacturers country tubular goods (OCTG), if 7304.39.00.52, 7304.39.00.56, typically triple or quadruple certify the covered by the scope of another 7304.39.00.62, 7304.39.00.68, pipes by meeting the metallurgical antidumping duty order from the same 7304.39.00.72, 7304.51.50.60, requirements and performing the country. If not covered by such an 7304.59.60.00, 7304.59.80.30, required tests pursuant to the respective OCTG order, finished and unfinished 7304.59.80.35, 7304.59.80.40, specifications. Since distributors sell the OCTG are included in this scope when 7304.59.80.45, 7304.59.80.50, vast majority of this product, they can used in standard, line or pressure 7304.59.80.55, 7304.59.80.60, thereby maintain a single inventory to applications. 7304.59.80.65, and 7304.59.80.70 of the service all customers. The primary C. Products produced to the A335 Harmonized Tariff Schedule of the application of ASTM A106 pressure specification unless they are used in an United States (HTSUS). pipes and triple or quadruple certified application that would normally utilize Specifications, Characteristics, and pipes in large diameters is for use as oil ASTM A53, ASTM A106, ASTM A333, Uses: Large diameter seamless pipe is and gas distribution lines for ASTM A334, ASTM A589, ASTM A795, used primarily for line applications commercial applications. A more minor and API 5L specifications. such as oil, gas, or water pipeline, or application for large diameter seamless D. Line and riser pipe for deepwater utility distribution systems. Seamless pipes is for use in pressure piping application, i.e., line and riser pipe that pressure pipes are intended for the systems by refineries, petrochemical is (1) used in a deepwater application, conveyance of water, steam, plants, and chemical plants, as well as which means for use in water depths of petrochemicals, chemicals, oil products, in power generation plants and in some 1,500 feet or more; (2) intended for use natural gas, and other liquids and gasses oil field uses (on shore and off shore) in and is actually used for a specific in industrial piping systems. They may such as for separator lines, gathering deepwater project; (3) rated for a carry these substances at elevated lines and metering runs. These specified minimum yield strength of not pressures and temperatures and may be applications constitute the majority of less than 60,000 psi; and (4) not subject to the application of external the market for the subject seamless identified or certified through the use of heat. Seamless carbon steel pressure pipes. However, ASTM A106 pipes may a monogram, stencil, or otherwise pipe meeting the ASTM A106 standard be used in some boiler applications. marked with an API specification (e.g., may be used in temperatures of up to The scope of this order includes all API 5L). With regard to the excluded 1000 degrees Fahrenheit, at various seamless pipe meeting the physical products listed above, the Department

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will not instruct U.S. Customs and Final Results of Reviews the original investigation (petitioner). Border Protection (CBP) to require end– We determine that revocation of the United States Steel Corporation use certification until such time as antidumping duty orders on Large requested administrative reviews of JFE petitioner or other interested parties Diameter SSLPP from Japan and Mexico Steel Corporation (JFE), Nippon Steel provide to the Department a reasonable would be likely to lead to continuation Corporation (Nippon), NKK Tubes basis to believe or suspect that the or recurrence of dumping at the (NKK) and Sumitomo Metal Industries, products are being utilized in a covered following weighted–average percentage Ltd. (SMI). This review covers sales of application. If such information is margins: subject merchandise to the United provided, the Department will require States during the period of August 1, end–use certification only for the Manufacturers/Exporters/ Weighted Average 2003 through July 31, 2004. product(s) (or specification(s)) for which Producers Margin (percent) We have preliminarily determined evidence is provided that such products that NKK and SMI had no reviewable are being used in a covered application Japan. sales of subject merchandise during the as described above. For example, if, Nippon Steel Corporation 107.80 period of review (POR) and that the Kawasaki Steel Corpora- review of these two companies should based on evidence provided by the tion ...... 107.80 petitioner, the Department finds a Sumitomo Metal Indus- be rescinded. We have also reasonable basis to believe or suspect tries, Ltd. (SMI) ...... 107.80 preliminarily determined that adverse that seamless pipe produced to the A– All Others ...... 68.80 facts available should be applied to the 335 specification is being used in an A– Mexico. remaining respondents, neither of 106 application, it will require end–use TAMSA ...... 15.05 which participated in this certifications for imports of that All Others ...... 15.05 administrative review. Interested parties specification. Normally the Department are invited to comment on these will require only the importer of record This notice also serves as the only preliminary results. See the Preliminary to certify to the end–use of the imported reminder to parties subject to Results of Review section of this notice. merchandise. If it later proves necessary administrative protective orders (APO) EFFECTIVE DATE: September 7, 2005. of their responsibility concerning the for adequate implementation, the FOR FURTHER INFORMATION CONTACT: return or destruction of proprietary Department may also require producers Mark Hoadley or Kimberley Hunt, AD/ information disclosed under APO in who export such products to the United CVD Operations, Office 6, Import States to provide such certification on accordance with section 351.305 of the Administration, International Trade invoices accompanying shipments to Department’s Regulations. Timely Administration, U.S. Department of the United States. Although the HTSUS notification of the return or destruction Commerce, 14th Street and Constitution subheadings are provided for of APO materials or conversion to Avenue, NW, Washington, DC 20230; convenience and customs purposes, the judicial protective orders is hereby telephone: (202) 482–3148 or (202) 482– written description of the merchandise requested. Failure to comply with the 1272, respectively. regulations and terms of an APO is a subject to this order is dispositive. SUPPLEMENTARY INFORMATION: violation, which is subject to sanction. Analysis of Comments Received We are issuing and publishing these BACKGROUND All issues raised in these reviews are results and notice in accordance with On August 11, 1995, the Department addressed in the Issues and Decision sections 751(c), 752, and 777(i)(1) of the published the antidumping duty order Memorandum for the Expedited Sunset Act. on OCTG from Japan in the Federal Reviews of the Antidumping Duty Dated: August 30, 2005. Register (60 FR 41058). On August 3, Orders on Certain Large Diameter Joseph A. Spetrini, 2004, the Department published a notice Carbon and Alloy Seamless Standard, Acting Assistant Secretary for Import of opportunity to request an Line and Pressure Pipe from Japan and Administration. administrative review of this order (69 Mexico; Final Results (Decision Memo) [FR Doc. E5–4847 Filed 9–6–05; 8:45 am] FR 46496). On August 31, 2004, the from Barbara E. Tillman, Acting Deputy BILLING CODE 3510–DS–S Department received a timely request Assistant Secretary for Import for review from petitioner covering JFE, Administration, to Joseph A. Spetrini, Nippon, NKK and SMI.1 On September Acting Assistant Secretary for Import DEPARTMENT OF COMMERCE 22, 2004, we published a notice Administration, dated August 30, 2005, initiating an administrative review of which is hereby adopted by this notice. International Trade Administration the antidumping order on OCTG from The issues discussed in the Decision A–588–835 Japan. See Initiation of Antidumping Memo include the likelihood of and Countervailing Duty Administrative continuation or recurrence of dumping Oil Country Tubular Goods from Reviews and Requests for Revocation in and the magnitude of the margins likely Japan: Preliminary Results of Part, 69 FR 56745. to prevail if the orders were to be Antidumping Duty Administrative The Department issued Sections A, B revoked. Parties can find a complete Review and Partial Recission of and C of its original questionnaire on discussion of all issues raised in these Review November 12, 2004.2 On November 18, reviews and the corresponding recommendations in this public AGENCY: Import Administration, 1 The Department found SMI and Sumitomo memorandum which is on file in room International Trade Administration, Corporation (SC) to be affiliated in a previous B–099 of the main Commerce building. U.S. Department of Commerce. review. See Oil Country Tubular Goods From Japan; SUMMARY: The Department of Commerce Preliminary Results and Rescission in Part of In addition, a complete version of the Antidumping Duty Administrative Review, 64 FR Decision Memo can be accessed directly (the Department) is conducting an 48589, 48591 (September 7, 1999). Neither SMI nor on the Web at http://ia.ita.doc.gov/frn, administrative review of the SC has placed information on the record of this under the heading ‘‘September 2005.’’ antidumping duty order on Oil Country review suggesting that the basis for this finding has The paper copy and electronic version Tubular Goods (OCTG) from Japan in changed. 2 Section A of the questionnaire requests general of the Decision Memo are identical in response to requests by the United information concerning a company’s corporate content. States Steel Corporation, a petitioner in Continued

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2004, SMI responded that it did not 7304.29.30.60, 7304.29.30.80, or reason to know of any entries for export subject merchandise to the 7304.29.40.10, 7304.29.40.20, consumption of subject merchandise United States during the POR. On 7304.29.40.30, 7304.29.40.40, manufactured by NKK Corporation December 15 and 20, 2004, respectively, 7304.29.40.50, 7304.29.40.60, during the POR. Nippon and JFE stated that they did not 7304.29.40.80, 7304.29.50.15, In accordance with section intend to participate in the 7304.29.50.30, 7304.29.50.45, 351.213(d)(3) of the Department’s administrative review and would not be 7304.29.50.60, 7304.29.50.75, regulations, we are preliminarily submitting a response to the 7304.29.60.15, 7304.29.60.30, rescinding the administrative review of Department’s questionnaire. On 7304.29.60.45, 7304.29.60.60, NKK. We have based our preliminary December 20, 2004, NKK submitted a 7304.29.60.75, 7305.20.20.00, decision regarding NKK on the letters no–shipment certification and asked for 7305.20.40.00, 7305.20.60.00, and documentation from NKK an expeditious rescission of the review. 7305.20.80.00, 7306.20.10.30, supporting its certification that it had no On May 5, 2005, the Department 7306.20.10.90, 7306.20.20.00, shipments of the subject merchandise extended the deadline for the 7306.20.30.00, 7306.20.40.00, during the POR, on our examination of preliminary results of this antidumping 7306.20.60.10, 7306.20.60.50, the CBP database for imports of entered duty administrative review until August 7306.20.80.10, and 7306.20.80.50. merchandise produced by NKK and 31, 2005. See Notice of Extension of Although the HTSUS subheadings are NKK Corporation, and on our review of Time Limit for Preliminary Results of provided for convenience and customs entry documentation. There is no Antidumping Duty Administrative purposes, our written description of the information on the record to indicate Review: Oil Country Tubular Goods scope of this order is dispositive. that NKK or NKK Corporation had from Japan, 70 FR 23844 (May 5, 2005). knowledge that its merchandise was ANALYSIS being sold to the United States during PERIOD OF REVIEW Partial Rescission of Administrative the POR. As a result, we find that NKK This review covers the period August Review for NKK and SMI had no sales of subject merchandise 1, 2003, through July 31, 2004. during the POR covered by this In response to our original SCOPE OF THE ORDER administrative review. questionnaire of November 12, 2004, SMI stated it did not sell any OCTG The merchandise covered by this both SMI and NKK submitted no– subject to the order for export to the order consists of oil country tubular shipment certifications. The petitioner United States during the POR. SMI goods, hollow steel products of circular did not comment on the no–shipment further stated that it had reviewed its cross-section, including oil well casing, claim. records and asked its affiliate, SC, to tubing, and drill pipe, of iron (other In order to corroborate the no– again review its records. SMI than cast iron) or steel (both carbon and shipment statement, the Department conclusively stated that it is not aware alloy), whether seamless or welded, requested information from U.S. of any shipments of OCTG produced by whether or not conforming to American Customs and Border Protection (CBP). SMI that may have been entered for Petroleum Institute (API) or non–API Such information showed entries of consumption during the POR other than specifications, whether finished or subject merchandise produced by both under TIB, which was subsequently unfinished (including green tubes and NKK and SMI during the POR. The exported from the United States. limited service OCTG products). This Department issued letters to NKK and In response to the Department’s scope does not cover casing, tubing, or SMI asking for an explanation regarding request for additional information, SMI drill pipe containing 10.5 percent or these entries. NKK responded by stating stated that OCTG is sold to the U.S. more of chromium. The products that all shipments appearing in the CBP market exclusively through trading subject to this order are currently information were non–subject companies. SMI stated that it reviewed classified in the Harmonized Tariff merchandise. SMI responded that it and its records of OCTG shipments before Schedule of the United States (HTSUS) its affiliate Sumitomo Corporation (SC) and during the POR and concluded that under item numbers: 7304.21.30.00, had again reviewed their records and it did not sell subject merchandise to 7304.21.60.30, 7304.21.60.45, that, other than temporary importation any of the companies listed as importers 7304.21.60.60, 7304.29.10.10, under bond (TIB) entries, neither SMI in the CBP information. SMI claims that 7304.29.10.20, 7304.29.10.30, nor SC sold any subject OCTG to it has no information about these 7304.29.10.40, 7304.29.10.50, customers in the United States during shipments and no way to get 7304.29.10.60, 7304.29.10.80, the POR.NKK submitted documentation information about these shipments. 7304.29.20.10, 7304.29.20.20, demonstrating that the only entries for Finally, SMI stated that it did sell non– 7304.29.20.30, 7304.29.20.40, consumption in question involved subject merchandise directly to 7304.29.20.50, 7304.29.20.60, OCTG specifically excluded from the customers in the United States. SMI also 7304.29.20.80, 7304.29.30.10, scope of the order. Additionally, NKK asked SC to review once again its 7304.29.30.20, 7304.29.30.30, included a general explanation of the records and again stated that SMI did 7304.29.30.40, 7304.29.30.50, steps it had followed to ensure the not sell OCTG covered by the accuracy of the no–shipment antidumping order to the United States structure and business practices, the merchandise certification previously submitted. The under investigation that it sells, and the manner in during the POR. which it sells that merchandise in all of its markets. Department also asked NKK for In addition, SMI submitted a letter Section B requests a complete listing of all home additional information regarding commenting on the information on the market sales, or, if the home market is not viable, imports from NKK Corporation, which record of the review and stated that of sales in the most appropriate third-country the Department had previously found to market (this section is not applicable to respondents there is no evidence on the record that in non-market economy (NME) cases). Section C be affiliated with NKK. In response, SMI knew, or had reason to believe, that requests a complete listing of U.S. sales. Section D NKK stated that it had searched its sales any subject merchandise manufactured requests information on the cost of production database again and confirmed that it had by SMI would be entered into the (COP) of the foreign like product and the no exports of subject merchandise to the constructed value (CV) of the merchandise under United States during the POR. investigation. Section E requests information on United States during the POR. NKK also In accordance with section further manufacturing. confirmed that it had no knowledge of 351.213(d)(3) of the Department’s

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regulations, we are preliminarily No. 103–316 at 870, which specifically ‘‘corroborate’’ means to determine that rescinding the administrative review states that a failure to respond to the the information used has probative with respect to both SMI and SC. We questionnaire may lead the Department value. See SAA at 870. To corroborate have based our preliminary to conclude that the company has not secondary information, the Department determination regarding SMI on the been responsive and to thus proceed on will, to the extent practicable, examine letters and documentation from SMI and the basis of facts otherwise available. By the reliability and relevance of the SC supporting their certification that refusing to respond to the Department’s information to be used. We have they had no shipments of the subject questionnaire, JFE and Nippon have previously examined the reliability of merchandise during the POR, and on failed to cooperate to the best of their the 44.20 percent rate and found it to be our examination of information ability. Neither JFE nor Nippon reliable. This rate was originally taken obtained from CBP. There is no expressed concerns regarding the from the petition; it was based upon the information on the record to indicate proposed deadlines, nor requested difference between the U.S. price of a that SMI or SC had knowledge that its additional time. Without information representative OCTG product sold by a subject merchandise was being resold to from these two companies, the Japanese company and the constructed the United States during the POR. As a Department is unable to perform any value for that product. result, we find that neither SMI nor SC company–specific analysis or calculate The Department considers had sales during the POR that are dumping margins for the POR. information reasonably at its disposal to subject to this administrative review. Therefore, pursuant to section 776(b) of determine whether a margin continues The Department may still verify the the Act, the Department has determined to have relevance. Where circumstances information submitted by SMI and SC that an adverse inference is warranted indicate that the selected margin is not before the final results of this review. with respect to JFE and Nippon. appropriate as AFA, the Department We note that, in selecting an adverse will disregard the margin and determine Application of Facts Available facts available (AFA) rate, the an appropriate margin. For example, in Pursuant to sections 776(a)(1) and (2) Department’s practice has been to assign Fresh Cut Flowers from Mexico: Final of the Tariff Act of 1930, as amended respondents who fail to cooperate with Results of Antidumping Administrative (the Act), if necessary information is not the Department the highest margin Review, 61 FR 6812 (February 22, 1996), available on the record, or if an determined for any party in the less– the Department disregarded the highest interested party or any other person (A) than-fair–value (LTFV) investigation or margin in that case as best information withholds information that has been in any administrative review. See Sigma available (the predecessor to facts requested by the administering Corp. v. United States, 117 F.3d 1401, available) because the margin was based authority; (B) fails to provide such 1411 (Fed. Cir. 1997). As AFA, the on another company’s aberrational information by the deadlines for the Department is assigning the rate of 44.20 business expense that resulted in an submission of the information or in the percent. This has been the only unusually high margin. Similarly, the form and manner requested; (C) affirmative margin calculated in this Department does not apply a margin significantly impedes a proceeding proceeding since the investigation’s that has been discredited. See D & L under the antidumping statute; or (D) preliminary determination. See Supply Co. v. United States, 113 F.3d provides such information but the Preliminary Determination of Sales at 1220, 1221 (Fed. Cir. 1997) (the information cannot be verified as Less Than Fair Value and Postponement Department will not use a margin that provided in section 782(i) of the Act, the of Final Determination: Oil Country has been judicially invalidated). None of administering authority shall, subject to Tubular Goods from Japan, 60 FR 6506 these unusual circumstances are present section 782(d) of the Act, use the facts (February 2, 1995). It is also the rate here. otherwise available in reaching the applied in the final determination of the Our review of the information in the applicable determination. In this case, investigation of sales at LTFV. In the original petition pertaining to the price JFE’s and Nippon’s stated decision not LTFV investigation, respondents of the product and the major inputs and to participate in the review constitutes Nippon and SMI did not respond to the processes used for the production of the a refusal to provide the information Department’s questionnaire and did not final merchandise did not indicate that necessary to conduct the Department’s otherwise cooperate to the best of their the analysis of the OCTG market in the antidumping analysis, pursuant to ability, therefore the Department petition is no longer appropriate to use section 776(a)(2)(A) of the Act. applied best information available (BIA) as a basis for facts available. Moreover, respondents’ non– (now referred to as FA). See LTFV Furthermore, nothing on the record of participation significantly impedes the investigation. This rate has been used as this review supports the determination review process. See section 776(a)(2)(C) the AFA rate in the investigation and in that the highest margin rate from the of the Act. Therefore, the Department subsequent reviews. We preliminarily petition in the underlying investigation must resort to facts otherwise available determine that it is thus appropriate to does not represent reliable and relevant in reaching the applicable apply the AFA rate of 44.20 to Nippon information for AFA purposes. determination. Absent any response on and JFE for purposes of these Therefore, in this proceeding, the the record from respondents, sections preliminary results. highest margin from the petition is the 782(d) and (e) do not apply. most appropriate information on which Section 776(b) of the Act further Corroboration to base a margin for these uncooperative provides that, in selecting from among Section 776(c) of the Act provides respondents. See Oil Country Tubular the facts otherwise available, the that, when the Department applies facts Goods from Japan; Preliminary Results Department may use an inference otherwise available and relies on of Antidumping Duty Administrative adverse to the interests of a party that ‘‘secondary information,’’ the Review and Final Partial Rescission of has failed to cooperate by not acting to Department shall, to the extent Antidumping Duty Administrative the best of its ability to comply with a practicable, corroborate that information Review, 65 FR 54838 (September 11, request for information. See also the from independent sources reasonably at 2000). Statement of Administrative Action the Department’s disposal. The SAA Accordingly, we determine that the (SAA), accompanying the Uruguay clarifies that the petition is ‘‘secondary highest rate from any previous segment Round Agreements Act (URAA), H. Doc. information,’’ and states that of this administrative proceeding (i.e.,

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the rate of 44.20 percent from the review, if any importer- or customer– assessment of double antidumping original investigation) is in accord with specific assessment rates calculated in duties. the requirement of section 776(c) of the the final results are above de minimis This administrative review and notice Act that secondary information be (i.e., at or above 0.5 percent), the are issued and published in accordance corroborated (i.e., that it be shown to Department will instruct CBP to assess with sections 751(a)(1) and 777(i)(1) of have probative value). antidumping duties on appropriate the Act. entries by applying the assessment rate PRELIMINARY RESULTS OF REVIEW Dated: August 30, 2005. to the entered value of the merchandise. Joseph A. Spetrini, We preliminarily determine that the For assessment purposes, if the following dumping margins exist: Department’s final results include the Acting Assistant Secretary for Import Administration. rescission of this review with respect to Margin SMI and NKK, the Department will [FR Doc. E5–4864 Filed 9–6–05; 8:45 am] Manufacturer/Exporter (percent) instruct CBP to liquidate all entries from BILLING CODE 3510–DS–S JFE Steel Corporation ...... 44.20 SMI and NKK at the rate applicable at the time of entry. Nippon Steel Corporation ...... 44.20 DEPARTMENT OF COMMERCE CASH DEPOSIT REQUIREMENTS PUBLIC COMMENT International Trade Administration Pursuant to section 351.309 of the The following cash deposit rates will Department’s regulations, interested be effective with respect to all (A–533–806, A–570–815) parties may submit written comments in shipments of OCTG from Japan entered, response to these preliminary results. or withdrawn from warehouse, for Sulfanilic Acid from India and the Unless the deadline is extended by the consumption on or after the publication People’s Republic of China; Notice of Department, case briefs are to be date of the final results, as provided for Final Results of Expedited Sunset submitted within 30 days after the date by section 751(a)(1) of the Act: (1) for Reviews of Antidumping Duty Orders of publication of this notice, and JFE and Nippon, the cash deposit rate AGENCY: rebuttal briefs, limited to arguments will be the rate established in the final Import Administration, raised in case briefs, are to be submitted results of this review; (2) for previously International Trade Administration, no later than five days after the time reviewed or investigated companies not Department of Commerce. limit for filing case briefs. Parties who listed above, including NKK and SMI (if SUMMARY: On May 2, 2005, the submit arguments in this proceeding are this review is rescinded), the cash Department of Commerce (‘‘the requested to submit with the argument: deposit rate will be the company– Department’’) initiated sunset reviews of (1) a statement of the issues, and (2) a specific rate established for the most the antidumping duty orders on brief summary of the argument. Case recent period; (3) if the exporter is not sulfanilic acid from India and the and rebuttal briefs must be served on a firm covered in this review, a prior People’s Republic of China (‘‘China’’) interested parties in accordance with review, or the LTFV investigation, but pursuant to section 751(c) of the Tariff section 351.303(f) of the Department’s the manufacturer is, the cash deposit Act of 1930, as amended (‘‘the Act’’). On regulations. rate will be the rate established for the the basis of a Notice of Intent to Also, pursuant to section 351.310(c) most recent period for the manufacturer Participate, adequate substantive of the Department’s regulations, within of the subject merchandise; and (4) if responses filed on behalf of domestic 30 days of the date of publication of this neither the exporter nor the interested parties, and lack of response notice, interested parties may request a manufacturer is a firm covered by this from respondent interested parties, the public hearing on arguments to be review, a prior review, or the LTFV Department conducted expedited (120– raised in the case and rebuttal briefs. investigation, the cash deposit rate shall day) sunset reviews. As a result of these Unless the Department specifies be the all others rate established in the sunset reviews, the Department finds otherwise, the hearing, if requested, will LTFV investigation, which is 44.20 that revocation of the antidumping duty be held two days after the date for percent. See Notice of Amended Final orders would be likely to lead to submission of rebuttal briefs. Parties Determination of Sales at Less Than continuation or recurrence of dumping. will be notified of the time and location. Fair Value and Antidumping Duty The dumping margins are identified in The Department will publish the final Order: Oil Country Tubular Goods from the Final Results of Reviews section of results of this administrative review, Japan, 60 FR 155 (August 11, 1995). this notice. including the results of its analysis of These deposit rates, when imposed, EFFECTIVE DATE: September 7, 2005. shall remain in effect until publication issues raised in any case or rebuttal FOR FURTHER INFORMATION CONTACT: brief, no later than 120 days after of the final results of the next administrative review. Hilary E. Sadler, Esq. or Maureen publication of these preliminary results, Flannery, Office 8, AD/CVD unless extended. See section 351.213(h) NOTIFICATION TO IMPORTERS Enforcement, Import Administration, of the Department’s regulations. International Trade Administration, This notice serves as a preliminary U.S. Department of Commerce, 14th DUTY ASSESSMENT reminder to importers of their Street & Constitution Avenue, NW, Pursuant to section 351.212(b) of the responsibility under section 351.402(f) Washington, DC 20230; telephone: (202) Department’s regulations, the of the Department’s regulations to file a 482–4340. Department calculates an assessment certificate regarding the reimbursement rate for each importer or customer of the of antidumping duties prior to SUPPLEMENTARY INFORMATION: subject merchandise. The Department liquidation of the relevant entries Background: will issue appropriate assessment during this review period. Failure to instructions directly to CBP within 15 comply with this requirement could On May 2, 2005, the Department days of publication of the final results result in the Secretary’s presumption published the notice of initiation of the of this review. Upon issuance of the that reimbursement of antidumping sunset reviews of the antidumping duty final results of this administrative duties occurred and the subsequent orders on sulfanilic acid from India and

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China.1 On May 12, 2005, the alkali insoluble materials based on the Manufacturers/Export- Weighted Average Department received a Notice of Intent equivalent sulfanilic acid content. ers/Producers Margin (percent) to Participate from Nation Ford The Department conducted a scope China–wide rate ...... 85.20 Chemical Company (‘‘NFC’’), the ruling regarding 3V Corporation and domestic interested party, within the determined that sodium sulfanilate 2 The Department published its final affirma- deadline specified in section tive determination of sales at less than fair processed in Italy from sulfanilic acid 315.218(d)(1)(i) of the Department’s value (‘‘LTFV’’) with respect to imports of sul- from India was within the scope of this fanilic acid from India on January 8, 1993 (58 regulations. NFC claimed interested order. See Notice of Scope Rulings and FR 3251). In this determination, the Depart- party status under section 771(9)(C) of ment published a weighted-average dumping the Act, as a producer of the domestic– Anticircumvention Inquiries, 65 FR margin for all manufacturers/producers/export- like product in the United States. On 41957 (July 7, 2000). ers of 114.8 percent. May 31, 2005, the Department received Although the HTS subheadings are This notice also serves as the only a complete substantive response from provided for convenience and customs reminder to parties subject to NFC within the deadline specified in purposes, our written description of the administrative protective orders section 351.218(d)(3)(i) of the scope of this proceeding is dispositive. (‘‘APO’’) of their responsibility Department’s regulations. We did not concerning the return or destruction of receive responses from any respondent Analysis of Comments Received: proprietary information disclosed under interested parties to this proceeding. As All issues raised in these reviews are APO in accordance with 19 CFR a result, pursuant to section 751(c)(3)(B) addressed in the ‘‘Issues and Decision 351.305 of the Department’s regulations. of the Act and section Memorandum’’ (‘‘Decision Timely notification of the return or 351.218(e)(1)(ii)(C)(2) of the destruction of APO materials or Memorandum’’) from Barbara E. Department’s regulations, the conversion to judicial protective order is Tillman, Acting Deputy Assistant Department determined to conduct hereby requested. Failure to comply expedited reviews of these orders. Secretary for Import Administration, to with the regulations and terms of an Joseph A. Spetrini, Acting Assistant APO is a violation which is subject to Scope of the Orders: Secretary for Import Administration, sanction. Imports covered by this antidumping dated August 30, 2005, which is hereby We are issuing and publishing the duty order are all grades of sulfanilic adopted by this notice. The issues results and notice in accordance with acid, which include technical (or crude) discussed in the Decision Memorandum sections 751(c), 752, and 777(i)(1) of the sulfanilic acid, refined (or purified) include the likelihood of continuation Act. sulfanilic acid and sodium salt of or recurrence of dumping and the Dated: August 30, 2005. sulfanilic acid. magnitude of the margins likely to Joseph A. Spetrini, Sulfanilic acid is a synthetic organic prevail if the orders were revoked. Acting Assistant Secretary for Import chemical produced from the direct Parties can find a complete discussion Administration. sulfonation of aniline with sulfuric acid. of all issues raised in these reviews and [FR Doc. E5–4866 Filed 9–6–05; 8:45 am] Sulfanilic acid is used as a raw material the corresponding recommendations in Billing Code: 3510–DS–S in the production of optical brighteners, this public memorandum which is on food colors, specialty dyes, and concrete file in room B–099 of the main additives. The principal differences Commerce Building. DEPARTMENT OF COMMERCE between the grades are the undesirable In addition, a complete version of the International Trade Administration quantities of residual aniline and alkali Decision Memorandum can be accessed insoluble materials present in the directly on the Web at http:// A–570–856 sulfanilic acid. All grades are available ia.ita.doc.gov/frn/index.html, under the as dry, free flowing powders. Synthetic Indigo from the People’s heading ‘‘September 2005.’’ The paper Technical sulfanilic acid, classifiable Republic of China; Notice of Final copy and electronic version of the under the subheading 2921.42.22 of the Results of Expedited Sunset Review of Decision Memorandum are identical in Harmonized Tariff Schedule (HTS), Antidumping Duty Order contains 96 percent minimum sulfanilic content. AGENCY: Import Administration, acid, 1.0 percent maximum aniline, and Final Results of Reviews: International Trade Administration, 1.0 percent maximum alkali insoluble We determine that revocation of the Department of Commerce. materials. Refined sulfanilic acid, also SUMMARY: On May 2, 2005, the classifiable under the subheading antidumping duty orders on sulfanilic Department of Commerce (‘‘the 2921.42.22 of the HTS, contains 98 acid from India and China would likely Department’’) initiated the sunset percent minimum sulfanilic acid, 0.5 lead to continuation or recurrence of review of the antidumping duty order percent maximum aniline and 0.25 dumping at the following weighted– on synthetic indigo from the People’s percent maximum alkali insoluble average percentage margins: Republic of China (‘‘China’’) pursuant to materials. section 751(c) of the Tariff Act of 1930, Sodium salt (sodium sulfanilate), Manufacturers/Export- Weighted Average ers/Producers Margin (percent) classifiable under the HTS subheading However, consistent with section 772(d)(1)(D) of 2921.42.90, is a powder, granular or the Act, which prohibits assessing antidumping India. crystalline material which contains 75 duties on the portion of the margin attributable to All Indian Manufacturers an export subsidy, we established an estimated percent minimum equivalent sulfanilic and Exporters ...... 114.802 antidumping duty deposit rate of 71.09 percent for acid, 0.5 percent maximum aniline China. duty deposit purposes. The Department issued its antidumping duty order on sulfanilic acid from based on the equivalent sulfanilic acid China National Chemi- content, and 0.25 percent maximum India on March 2, 1993. See Notice of Antidumping cals I&E Corporation, Duty Order; Sulfanilic Acid from India, 58 FR Hebei Branch ...... 19.14 12025 (March 2, 1993). The Department has not 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, conducted an administrative review of this order 70 FR 22632 (May 2, 2005) (‘‘Initiation Notice’’). since its imposition.

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as amended (‘‘the Act’’). On the basis of 73001) and solubilized indigo (Color Weighted a Notice of Intent to Participate, Index No. 73002). The subject Manufacturers/Exporters/Pro- Average adequate substantive response filed on merchandise may be sold in any form ducers Margin behalf of a domestic interested party, (e.g., powder, granular, paste, liquid, or (percent) and lack of response from respondent solution) and in any strength. Synthetic Sinochem Hebei Import & Export interested parties, the Department indigo and its derivatives subject to this Corporation ...... 79.70 conducted an expedited (120-day) order are currently classifiable under Chongqing Dyestuff Import & Ex- sunset review. As a result of this sunset subheadings 3204.15.10.00, port United Corporation ...... 79.70 review, the Department finds that 3204.15.40.00 or 3204.15.80.00 of the Wuhan Tianjin Chemicals Im- revocation of the antidumping duty Harmonized Tariff Schedule of the ports & Exports Corp., Ltd...... 79.70 order would be likely to lead to United States (HTSUS). Although the China–wide Rate ...... 129.60 continuation or recurrence of dumping. HTSUS subheadings are provided for The dumping margins likely to prevail convenience and customs purposes, the This notice also serves as the only if the order were revoked are identified written description of the merchandise reminder to parties subject to in the Final Results of Review section of under the order is dispositive. administrative protective order (‘‘APO’’) this notice. of their responsibility concerning the Analysis of Comments Received return or destruction of proprietary EFFECTIVE DATE: September 7, 2005. information disclosed under APO in FOR FURTHER INFORMATION Hilary E. All issues raised in this review are addressed in the ‘‘Issues and Decision accordance with 19 CFR 351.305 of the Sadler, Esq., AD/CVD Operations, Office Department’s regulations. Timely 8, International Trade Administration, Memorandum’’ (‘‘Decision Memo’’) from Barbara E. Tillman, Acting Deputy notification of the return or destruction U.S. Department of Commerce, 14th of APO materials or conversion to Street & Constitution Avenue, NW, Assistant Secretary for Import Administration, to Joseph A. Spetrini, judicial protective order is hereby Washington, DC 20230; telephone: (202) requested. Failure to comply with the 482–4340. Acting Assistant Secretary for Import Administration, dated August 30, 2005, regulations and terms of an APO is a SUPPLEMENTARY INFORMATION: which is hereby adopted by this notice. violation which is subject to sanction. Background The issues discussed in the Decision We are issuing and publishing the results and notice in accordance with On May 2, 2005, the Department Memo include the likelihood of continuation or recurrence of dumping sections 751(c), 752, and 777(i)(1) of the published the notice of initiation of the Act. sunset review of the antidumping duty and the magnitude of the margins likely order on synthetic indigo from China. to prevail if the order were revoked. Dated: August 30, 2005. See Initiation of Five-year (‘‘Sunset’’) Parties can find a complete discussion Joseph A. Spetrini, Reviews, 70 FR 22632 (May 2, 2005) of all issues raised in this review and Acting Assistant Secretary for Import (‘‘Initiation Notice’’). On May 17, 2005, the corresponding recommendations in Administration. the Department received a Notice of this public memorandum which is on [FR Doc. E5–4865 Filed 9–6–05; 8:45 am] Intent to Participate from Buffalo Color file in room B–099 of the main BILLING CODE 3510–DS–S Corporation (‘‘Buffalo Color’’), a Commerce Building. domestic interested party, within the In addition, a complete version of the deadline specified in section Decision Memo can be accessed directly DEPARTMENT OF COMMERCE 315.218(d)(1)(i) of the Department’s on the Web at http://ia.ita.doc.gov/frn/ International Trade Administration regulations. Buffalo Color claimed index.html, under the heading interested party status under section ‘‘September 2005.’’ The paper copy and (C–533–821) 771(9)(C) of the Act, as a manufacturer, electronic version of the Decision Memo producer, or wholesaler in the United are identical in content. Notice of Extension of Time Limit for Preliminary Results of Countervailing States of a domestic like product. On Final Results of Review June 1, 2005, the Department received a Duty Administrative Review: Certain complete substantive response from We determine that revocation of the Hot–Rolled Carbon Steel Flat Products Buffalo Color within the deadline antidumping duty order on synthetic from India indigo from China would likely lead to specified in section 351.218(d)(3)(i) of AGENCY: Import Administration, continuation or recurrence of dumping the Department’s regulations. We did International Trade Administration, at the following weighted–average not receive a response from any Department of Commerce. respondent interested party to this percentage margins: EFFECTIVE DATE: proceeding. As a result, pursuant to September 7, 2005. section 751(c)(3)(B) of the Act and Weighted FOR FURTHER INFORMATION CONTACT: Manufacturers/Exporters/Pro- Average Preeti Tolani or Tipten Troidl, AD/CVD section 351.218(e)(1)(ii)(C)(2) of the ducers Margin Department’s regulations, the (percent) Operations, Office 3, Import Department determined to conduct an Administration, International Trade expedited review of this order. Wonderful Chemical Industrial Administration, U.S. Department of Ltd./Jiangsu Taifeng Chemical Commerce, 14th Street and Constitution Scope of the Order Industry Company, Ltd...... 129.60 Avenue, NW, Washington, DC 20230; The products subject to this order are China National Chemical Con- telephone: (202) 482–0395 and (202) the deep blue synthetic vat dye known struction Jiangsu Company .... 79.70 482–1767, respectively. China Jiangsu International Eco- as synthetic indigo and those of its nomic Technical Cooperation SUPPLEMENTARY INFORMATION: derivatives designated commercially as Corp ...... 129.60 Background Information ‘‘Vat Blue 1.’’ Included are Vat Blue 1 Shanghai Yongchen Inter- (synthetic indigo), Color Index No. national Trading Company Ltd. 79.70 On January 31, 2005, the U.S. 73000, and its derivatives, pre–reduced Hebei Jinzhou Import & Export Department of Commerce (‘‘the indigo or indigo white (Color Index No. Corporation ...... 79.70 Department’’) published a notice of

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initiation of the administrative review Administrative Determination Deadlines Background on the countervailing duty order of Pursuant to the Tariff Act of 1930, As On May 2, 2005, the Department certain hot–rolled carbon steel flat Amended, 70 FR 24533 (May 10, 2005). initiated a sunset review of the CVD products from India, covering the period Accordingly, the deadline for order on structural steel beams from January 1, 2004, through December 31, completion of the preliminary results is South Korea pursuant to section 751(c) 2004. See Initiation of Antidumping and January 3, 2006. The final results of the Act. See Initiation of Five-year Countervailing Duty Administrative continue to be due 120 days after (‘‘Sunset’’) Reviews, 70 FR 22632 (May Reviews and Request for Revocation in publication of the preliminary results. 2, 2005). The Department received a Part, 70 FR 4818 (January 31, 2005). The Dated: August 31, 2005. notice of intent to participate from the preliminary results of this review are Barbara E. Tillman, following domestic interested parties: currently due no later than September 2, the Committee for Fair Beam Imports 2005. Acting Deputy Assistant Secretary for Import Administration. and its individual members including Extension of Time Limit of Preliminary [FR Doc. E5–4863 Filed 9–6–05; 8:45 am] Nucor Corp. (‘‘Nucor’’), Nucor–Yamato Results BILLING CODE 3510–DS–S Steel Co. (‘‘Nucor–Yamato’’), Steel Section 751(a)(3)(A) of the Tariff Act Dynamics, Inc. (‘‘SDI’’), and TXI– of 1930, as amended (‘‘the Act’’), Chaparral Steel, Inc. (‘‘TXI’’) requires the Department to make a DEPARTMENT OF COMMERCE (collectively, ‘‘domestic interested preliminary determination within 245 parties’’), within the deadline specified International Trade Administration days after the last day of the anniversary in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed month of an order or finding for which (C–580–842) a review is requested. Section interested party status under sections 751(a)(3)(A) of the Act further states that Final Results of Expedited Sunset 771(9)(C) and (E) of the Act, as an ad– if it is not practicable to complete the Review of the Countervailing Duty hoc association which is comprised of review within the time period specified, Order: Structural Steel Beams from domestic producers of the subject the administering authority may extend South Korea merchandise. the 245-day period to issue its The Department received a complete preliminary results by up to 120 days. AGENCY: Import Administration, substantive response collectively from We determine that completion of the International Trade Administration, the domestic interested parties within preliminary results of this review within Department of Commerce. the 30-day deadline specified in 19 CFR the 245-day period is not practicable for SUMMARY: On May 2, 2005, the 351.218(d)(3)(i). However, the the following reason. On July 19, 2005, Department of Commerce (‘‘the Department did not receive a the Department issued a New Subsidy Department’’) initiated a sunset review substantive response from any Allegation memorandum, where we of the countervailing (‘‘CVD’’) duty respondent interested party to this initiated on one new program and order on structural steel beams from proceeding. As a result, pursuant to agreed to examine two additional South Korea pursuant to section 751(c) section 751(c)(3)(B) of the Act and 19 programs that the Department has of the Tariff Act of 1930, as amended CFR 351.218(e)(1)(ii)(C)(2), the investigated in other India CVD (‘‘the Act’’). See Initiation of Five-year Department conducted an expedited proceedings. See July 19, 2005, New (‘‘Sunset’’) Reviews, 70 FR 22632 (May review of this CVD order. Subsidy Allegation memorandum from 2, 2005). On the basis of a notice of Scope of the Order the team to Melissa G. Skinner, Office intent to participate and an adequate Director (‘‘New Subsidy Allegation substantive response filed on behalf of The merchandise covered by this CVD Memorandum’’). Conducting the the domestic interested parties and order are doubly–symmetric shapes, analyses for each program would inadequate response (in this case, no whether hot–or cold–rolled, drawn, require the Department to gather and response) from respondent interested extruded, formed or finished, having at analyze a significant amount of parties, the Department determined to least one dimension of at least 80 mm information pertaining to these conduct an expedited sunset review of (3.2 inches or more), whether of carbon programs. The Department gave this CVD order pursuant to section or alloy (other than stainless) steel, and respondent parties 37 days to provide 751(c)(3)(B) of the Act and 19 CFR whether or not drilled, punched, the requested information on these 351.218(e)(1)(ii)(B). As a result of this notched, painted, coated, or clad. These programs. The current due date is sunset review, the Department finds that products (‘‘Structural Steel Beams’’) August 25, 2005, with no extensions. revocation of the CVD order would be include, but are not limited to, wide– Given the number and complexity of likely to lead to continuation or flange beams (W shapes), bearing piles issues in this case, and in accordance recurrence of a countervailable subsidy (HP shapes), standard beams (S or I with section 751(a)(3)(A) of the Act, we at the level indicated in the ‘‘Final shapes), and M–shapes. are extending the time period for issuing Results of Review’’ section of this All products that meet the physical the preliminary results of review by 120 notice. and metallurgical descriptions provided days. Therefore, the preliminary results above are within the scope of this order EFFECTIVE DATE: are now due no later than December 31, September 7, 2005. unless otherwise excluded. The 2005. However, December 31 falls on FOR FURTHER INFORMATION CONTACT: following products are outside and/or Saturday and January 2 is a federal Tipten Troidl or David Goldberger, AD/ specifically excluded from the scope of holiday, and it is the Department’s CVD Operations, Office 3, Import this order: Structural steel beams greater long–standing practice to issue a Administration, International Trade than 400 pounds per linear foot or with determination the next business day Administration, U.S. Department of a web or section height (also known as when the statutory deadline falls on a Commerce, 14th Street & Constitution depth) over 40 inches. weekend, federal holiday, or any other Avenue, NW, Washington, D.C. 20230; The merchandise subject to this order day when the Department is closed. See telephone: (202) 482–1767 or (202) 482– is currently classifiable in the Notice of Clarification: Application of 4136, respectively. Harmonized Tariff Schedule of the ‘‘Next Business Day’’ Rule for SUPPLEMENTARY INFORMATION: United States (‘‘HTSUS’’) at

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subheadings: 7216.32.0000, Dated: August 30, 2005. (‘‘NFC’’), within the deadline specified 7216.33.0030, 7216.33.0060, Joseph A. Spetrini, in 19 CFR 351.218(d)(1)(i). NFC claimed 7216.33.0090, 7216.50.0000, Acting Assistant Secretary for Import interested party status under section 7216.61.0000, 7216.69.0000, Administration. 771(9)(C) of the Act, as a domestic 7216.91.0000, 7216.99.0000, [FR Doc. E5–4869 Filed 9–6–05; 8:45 am] producer of sulfanilic acid. 7228.70.3040, 7228.70.6000. Although BILLING CODE 3510–DS–S The Department received a complete the HTSUS subheadings are provided substantive response from NFC within for convenience and customs purposes, the 30–day deadline specified in 19 CFR the written description of the DEPARTMENT OF COMMERCE 351.218(d)(3)(i). However, the merchandise in this order is dispositive. Department did not receive a International Trade Administration substantive response from any Analysis of Comments Received respondent interested party to this (C–533–807) All issues raised in this review are proceeding. As a result, pursuant to addressed in the Issues and Decision Final Results of Expedited Sunset section 751(c)(3)(B) of the Act and 19 Memorandum (‘‘Decision Review of Countervailing Duty Order: CFR 351.218(e)(1)(ii)(C)(2), the Memorandum’’) from Barbara E. Sulfanilic Acid from India Department conducted an expedited Tillman, Acting Deputy Assistant review of this order. AGENCY: Import Administration, Secretary for Import Administration, to Scope of the Order Joseph A. Spetrini, Acting Assistant International Trade Administration, Secretary for Import Administration, Department of Commerce. The merchandise covered by the CVD dated August 30, 2005, which is hereby SUMMARY: On May 2, 2005, the order are all grades of sulfanilic acid, adopted by this notice. Parties can find Department of Commerce (‘‘the which include technical (or crude) a complete discussion of all issues Department’’) initiated a sunset review sulfanilic acid, refined (or purified) raised in this review and the of the countervailing duty (‘‘CVD’’) sulfanilic acid and sodium salt of corresponding recommendation in this order on sulfanilic acid from India sulfanilic acid (sodium sulfanilate). The public memorandum which is on file in pursuant to section 751(c) of the Tariff principal differences between the grades the Central Records Unit room B–099 of Act of 1930, as amended (‘‘the Act’’). are the undesirable quantities of the main Commerce building. In See Initiation of Five–Year (‘‘Sunset’’) residual aniline and alkali insoluble addition, a complete version of the Reviews, 70 FR 22632 (May 2, 2005). On materials present in the sulfanilic acid. Decision Memorandum can be accessed the basis of a notice of intent to All grades are available as dry free directly on the Web at http:// participate and an adequate substantive flowing powders. Technical sulfanilic ia.ita.doc.gov/frn. The paper copy and response filed on behalf of a domestic acid contains 96 percent minimum electronic version of the Decision interested party and an inadequate sulfanilic acid, 1.0 percent maximum Memorandum are identical in content. response (in this case, no response) from aniline, and 1.0 percent maximum alkali respondent interested parties, the insoluble materials. Refined sulfanilic Final Results of Review Department decided to conduct an acid contains 98 percent minimum The Department determines that expedited sunset review of this CVD sulfanilic acid, 0.5 percent maximum revocation of the CVD order would be order pursuant to section 751(c)(3)(B) of aniline, and 0.25 percent maximum likely to lead to continuation or the Act and 19 CFR 351.218(e)(1)(ii)(B). alkali insoluble materials. Sodium salt recurrence of a countervailable subsidy As a result of this review, the of sulfanilic acid (sodium sulfanilate) is at the rates listed below: Department finds that revocation of the a granular or crystalline material CVD order would be likely to lead to containing 75 percent minimum sulfanilic acid, 0.5 percent maximum Producers/Exporters Net Countervailable continuation or recurrence of a Subsidy (percent) countervailable subsidy at the level aniline, and 0.25 percent maximum alkali insoluble materials based on the Kangwon Industries ...... 3.88 indicated the ‘‘Final Results of Review’’ section of this notice. equivalent sulfanilic acid content. The Dongkuk Steel Mill Co., merchandise is currently classifiable Ltd...... 1.34 EFFECTIVE DATE: September 7, 2005. All Others ...... 3.87 under Harmonized Tariff Schedule of FOR FURTHER INFORMATION CONTACT: the United States (‘‘HTSUS’’) Tipten Troidl or David Goldberger, AD/ subheadings 2921.42.22 and Notification Regarding Administrative CVD Operations, Office 3, Import 2921.42.24.20. HTSUS subheadings for Protective Order Administration, International Trade sulfanilic acid and sodium salts of This notice serves as the only Administration, U.S. Department of sulfanilic acid have changed since the reminder to parties subject to Commerce, 14th Street & Constitution issuance of this order. The petitioner administrative protective order (‘‘APO’’) Avenue, NW, Washington; DC 20230; asserts that the HTSUS subheading for of their responsibility concerning the telephone: (202) 482–1767 or (101) 482– sulfanilic acid was 2921.42.24.20 in return or destruction of proprietary 4136, respectively. 1993 and has remained at 2921.42.22 information disclosed under APO in SUPPLEMENTARY INFORMATION: since 1994. Although the HTSUS accordance with 19 CFR 351.305. Background subheadings are provided for Timely notification of return/ convenience and customs purposes, our destruction of APO materials or On May 2, 2005, the Department written description of the scope of the conversion to judicial protective order is initiated a sunset review of the CVD order is dispositive. hereby requested. Failure to comply order on sulfanilic acid from India with the regulations and the terms of an pursuant to section 751(c) of the Act. Analysis of Comments Received APO is a sanctionable violation. See Initiation of Five–Year (‘‘Sunset’’) All issues raised in this review are We are issuing and publishing the Reviews, 70 FR 22632 (May 2, 2005). addressed in the Issues and Decision results and notice in accordance with The Department received a notice of Memorandum (‘‘Decision sections 751(c), 752, and 777(i)(1) of the intent to participate on behalf of Memorandum’’) from Barbara E. Act. National Ford Chemical Company Tillman, Acting Deputy Assistant

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Secretary for Import Administration, to DEPARTMENT OF COMMERCE percent or more by weight of wool, with Joseph A. Spetrini, Acting Assistant average fiber diameters greater than 18.5 Secretary for Import Administration, International Trade Administration micron (Harmonized Tariff Schedule of dated August 30, 2005, which is hereby Docket Number: 050830232-5232-01 the United States (HTS) heading adopted by this notice. Parties can find 9902.51.11); the total amount of a complete discussion of all issues Implementation of Grants to available funds is $2,666,000, to be raised in this review and the Manufacturers of Certain Worsted allocated among such manufacturers on corresponding recommendation in this Wool Fabrics Established Under Title the basis of the percentage of each public memorandum which is on file in IV of the Miscellaneous Trade and manufacturers’ production of worsted wool fabric included in HTS 9902.51.11. the Central Records Unit room B–099 of Technical Corrections Act of 2004 The second category are manufacturers the main Commerce building. In AGENCY: Department of Commerce, of worsted wool fabrics, containing 85 addition, a complete version of the International Trade Administration. percent or more by weight of wool, with Decision Memorandum can be accessed ACTION: Notice Announcing the average fiber diameters of 18.5 micron directly on the Web at http:// Availability of Grant Funds. or less (HTS heading 9902.51.12); the ia.ita.doc.gov/frn. The paper copy and total amount of available funds is electronic version of the Decision SUMMARY: This Notice announces the $2,666,000, to be allocated among such Memorandum are identical in content. availability of grant funds in calendar manufacturers on the basis of the year 2005 for manufacturers of certain Final Results of Review percentage of each manufacturers’ worsted wool fabrics. The purpose of production of worsted wool fabric The Department determines that this notice is to provide the general included in HTS 9902.51.12. revocation of the countervailing duty public with a single source of program Funding Availability: The Secretary of order would be likely to lead to and application information related to Commerce is authorized under section continuation or recurrence of a the worsted wool grant offerings, and it 4002(c)(6)(A) of the Act to provide countervailable subsidy at the rate listed contains the information about the grants to manufacturers of certain worsted wool fabrics. Funding for the below: program required to be published in the Federal Register. worsted wool fabrics grant program will Net Countervailable DATES: Applications by eligible U.S. be provided by the Department of the Producers/Exporters Subsidy (percent) producers of certain worsted wool Treasury from amounts in the Wool fabrics must be received or postmarked Apparel Manufacturers Trust Fund (the All Manufacturers/Pro- by 5:00 p.m. Eastern Daylight Standard ‘‘Trust Fund’’). The total amount of ducers/Exporters ...... 43.71 Time on October 7, 2005. Applications grants to manufacturers of worsted wool received after the closing date and time fabrics described in HTS 9902.51.11 Notification Regarding Administrative will not be considered. shall be $2,666,000 in each of calendar years 2005, 2006 and 2007. The total Protective Order ADDRESSES: Applications must be amount of grants to manufacturers of submitted to the Industry Assessment This notice serves as the only worsted wool fabrics described in HTS Division, Office of Textiles and Apparel, reminder to parties subject to 9902.51.12 shall also be $2,666,000 in Room 3001, U.S. Department of administrative protective order (‘‘APO’’) each of calendar years 2005, 2006 and Commerce, Washington, DC 20230, of their responsibility concerning the 2007. (202) 482-4058. return or destruction of proprietary Eligibility Criteria: Eligible applicants FOR FURTHER INFORMATION CONTACT: information disclosed under APO in Jim for the worsted wool fabric program Bennett, Office of Textiles and Apparel, accordance with 19 CFR 351.305. include persons (including firms, U.S. Department of Commerce, (202) Timely notification of return/ corporations, or other legal entities) who 482-4058. destruction of APO materials or were, during calendar years 1999, 2000 and 2001, manufacturers of worsted conversion to judicial protective order is SUPPLEMENTARY INFORMATION: wool fabric of the kind described in hereby requested. Failure to comply Electronic Access: The full funding HTS 9902.51.11 or 9902.51.12. Any with the regulations and the terms of an opportunity announcement for the manufacturer who becomes a successor- APO is a sanctionable violation. worsted wool fabrics program is of-interest to a manufacturer of the We are issuing and publishing the available through FedGrants at http:// worsted wool fabrics described in HTS results and notice in accordance with www.grants.gov. The Catalog of Federal 9902.51.11 or HTS 9902.51.12 during sections 751(c), 752, and 777(i)(1) of the Domestic Assistance (CFDA) Number is 1999, 2000 or 2001 because of a Act. 11.113, Special Projects. reorganization or otherwise, shall be Statutory Authority: Section eligible to apply for such grants. Dated: August 30, 2005. 4002(c)(6) of the Miscellaneous Trade Applications to Receive Allocations: Joseph A. Spetrini, and Technical Corrections Act of 2004 An applicant must have produced Acting Assistant Secretary for Import (Public Law 108-429, 118 Stat. 2603) worsted wool fabric of a kind described Administration. (the ‘‘Act’’). in HTS 9902.51.11 or 9902.51.12 in the [FR Doc. E5–4857 Filed 9–6–05; 8:45 am] Program Description: Section United States in each of calendar years Billing Code: 3510–DS–S 4002(c)(6)(A) of the Act authorizes the 1999, 2000 and 2001. Applicants must Secretary of Commerce to provide grants provide: (1) company name, address, to persons (including firms, contact and phone number; (2) Federal corporations, or other legal entities) who tax identification number; (3) the name were, during calendar years 1999, 2000, and address of each plant or location in and 2001, manufacturers of two the United States where worsted wool categories of worsted wool fabrics. The fabrics of the kind described in HTS first category are manufacturers of 9902.51.11 or HTS 9902.51.12 was worsted wool fabrics, containing 85 woven by the applicant; (4) the quantity

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of worsted wool fabric production of each manufacturers’ production of ACTION: Notice of intent (NOI). described in HTS 9902.51.11 or the fabric described in HTS 9902.51.11 9902.51.12, as appropriate, woven in the or HTS 9902.51.12 for calendar years SUMMARY: The U.S. Army Corps of United States in each of calendar years 1999, 2000, and 2001, compared to the Engineers (Corps) Los Angeles District 1999, 2000 and 2001; and (5) the value production of such fabric by all in conjunction with the Los Angeles of worsted wool fabric production manufacturers who qualify for such Harbor Department (Port) is examining described in HTS 9902.51.11 or grants. Following the closing date of the the feasibility of various waterside 9902.51.12, as appropriate, woven in the receipt of applications, the Department navigation improvements as part of the United States in each of calendar years shall calculate the appropriate Port’s proposed San Pedro Waterfront 1999, 2000 and 2001. This data must allocation of the allotted funds among and Promenade redevelopment proposal indicate actual production (not eligible applicants in accordance with in the Port of Los Angeles. The Corps is estimates) of worsted wool fabric of the the statutory procedures. Award considering the Port’s application for a kind described in HTS 9902.51.11 or decisions shall be final and not subject Department of the Army permit under 9902.51.12. to appeal or protest. Clean Water Act Section 404 and River At the conclusion of the application, Intergovernmental Review: and Harbor Act Section 10 to conduct the applicant must attest that ‘‘all Applications under this program are not dredge and fill activities and construct information contained in the subject to Executive Order 12372, various navigation improvements application is complete and correct and ‘‘Intergovernmental Review of Federal The primary Federal involvement is no false claims, statements, or Programs’’. the discharge of dredge and/or fill representations have been made.’’ Administrative and National Policy materials within waters of the United Applicants should be aware that, Requirements: Department of Commerce States, work (e.g. dredging) and generally, pursuant to 31 U.S.C. 3729, Pre-Award Notifications for Grants and structures in or affecting navigable persons providing a false or fraudulent Cooperative Agreements, which are waters of the United States, and claims, and, pursuant to 18 U.S.C. 1001, contained in the Federal Register Notice potential impacts on the human persons making materially false of December 30, 2004 (69 FR 78389), are environment from such activities. statements or representations, are applicable to this solicitation. Therefore, in accordance with the subject to civil or criminal penalties, It has been determined that this notice National Environmental Policy Act respectively. is not significant for purposes of E.O. (NEPA), the Corps is requiring the Information that is marked ‘‘business 12866. preparation of an Environmental Impact confidential’’ will be protected from Administrative Procedure/Regulatory Statement (EIS) prior to rendering a disclosure to the full extent permitted Flexibility: Prior notice and an final decision on the Port’s permit by law. opportunity for public comment are not application. The Corps may ultimately Other Application Requirements: required by the Administrative make a determination to permit or deny Complete applications must include the Procedure Act for rules concerning the above project or permit or deny following forms and documents: CD- public property, loans, grants, benefits, modified versions of the above project. 346, Applicant for Funding Assistance; and contracts (5 USC 553(a)(2)). Because Pursuant to the California CD-511, Certifications Regarding notice and opportunity for comment are Environmental Quality Act (CEQA), the Debarment, Suspension and Other not required pursuant to 5 USC 553 or Port will serve as Lead Agency for the Responsibility Matters; Drug-Free any other law, the analytical Preparation of an Environmental Impact Workplace Requirements and Lobbying; requirements of the Regulatory Report (EIR). The Corps and the Port SF-424, Application for Federal Flexibility Act (5 USC 601 et seq.) are have agreed to jointly prepare a Draft Assistance; and SF-424B, Assurances - inapplicable. Therefore, a regulatory EIS/EIR for the improvements at Berth Non-Construction Programs. The CD flexibility analysis is not required and 136–147 in order to optimize efficiency forms are available via web site: http:// has not been prepared. and avoid duplication. The Draft EIS/ www.osec.doc.gov/forms/direct.htm Dated: September 2, 2005. EIR is intended to be sufficient in scope The SF forms are available via web site: to address both the Federal and the state http://www.whitehouse.gov/omb/grants/ James C. Leonard III, Deputy Assistant Secretary for Textiles and and local requirements and grantslforms.html. environmental issues concerning the This document contains collection-of- Apparel. [FR Doc.05–17826 Filed 9–2–05; 2:43 pm] proposed activities and permit information requirements subject to the approvals. Paperwork Reduction Act (PRA). The BILLING CODE 3510–DS use of Standard Forms 269, 424, 424A, FOR FURTHER INFORMATION CONTACT: 424B, SF-LLL, and CD-346 has been Questions about the proposed action approved by the Office of Management DEPARTMENT OF DEFENSE and Draft EIS/EIR can be answered by and Budget (OMB) under the respective Mr. Joshua Burnam, Corps Project control numbers 0348-0039, 0348-0043, Corps of Engineers, Department of the Manager, at (213) 452–3294. Comments 0348-0044, 0348-0040, 0348-0046, and Army shall be addressed to: U.S. Army Corps 0605-0001. Notwithstanding any other of Engineers, Los Angeles District, Intent to Prepare a Draft Environmental Regulatory Branch. ATTN: File Number provision of law, no person is required Impact Statement/Environmental to respond to, nor shall any person be 2003–0–1142–JLB P.O. Box 532711, Los Impact Report (EIS/EIR) for a Permit Angeles, CA 90053–2325, and Dr. Ralph subject to a penalty for failure to comply Application for Navigation with, a collection of information subject Appy, Director of Environmental Modifications and Improvements as Management, Port of Los Angeles, 425 to the requirements of the PRA unless Part of the San Pedro Waterfront and that collection of information displays a S. Palos Verdes St., San Pedro, CA Promenade Development, in the Port 90731. currently valid OMB control number. of Los Angeles, Los Angeles County, Allocation Procedures: Section CA SUPPLEMENTARY INFORMATION: 4002(c)(6)(A) of the Act requires that 1. Background. The EIS/EIR will each grant be allocated among eligible AGENCY: U.S. Army Corps of Engineers, assess a master development plan for applicants on the basis of the percentage DOD. specific development projects and

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associated infrastructure improvements issues may be identified during the the proposed From Bridge to Breakwater for approximately 418 acres, from the scoping process. Issues initially Master Development Plan for the San Vincent Thomas Bridge to the federal identified as potentially significant Pedro Waterfront and Promenade breakwater within the property of the include: Project—Draft Environmental Impact City of Los Angeles, Harbor Department. (a) Geological issues, including Statement (EIS)/Environmental Impact The proposed project would be dredging and stabilization of fill areas in Report (EIR) to receive public comment developed over multiple phases an area of known seismic activity; and assess public concerns regarding throughout the next approximately 30 (b) Impacts to hydrology; the appropriate scope and preparation years. The EIS/EIR will analyze the (c) Impacts to air quality; of the Draft EIS/EIR. Participation in the master development plan at a (d) Impacts to traffic, including public meeting by Federal, state, and programmatic (general overview) level marine navigation and ground local agencies and other interested to focus on the cumulative impacts transportation; organizations and persons are associated with the entire proposed (e) Potential for noise impacts; encouraged. This meeting will be plan. Where information is available, (f) Impacts to public utilities and conducted in both English and Spanish. project elements proposed during Phase services; Members of the public who wish to 1 (Years 1—5) and Phase 2 (Years 6— (g) Potential impacts to aesthetic communicate and listen entirely in 10) will be studied at a project-specific resources, including light and glare; Spanish are encouraged to attend this level of detail. Project elements (h) Potential impacts on public health meeting. The meeting will be held on proposed for construction in Phase 3 and safety; October 11, 2005 from 6 p.m.—8:30 p.m. (Years 11+) of the master development (i) Cumulative impacts; and at the Los Angeles Harbor Hotel, located plan and other project elements for (j) Disposal of dredged materials. at 601 South Palos Verdes Street. Parties which data are not available will require 4. Alternatives. Alternatives initially interested in being added to the Corps’ an additional CEQA and NEPA being considered for the proposed electronic mail notification list for the evaluation, where appropriate, before improvement project include the Port of Los Angeles can register at: construction could occur. following: http://www.spl.usace.army.mil/ 2. Clean Water Act Project Purpose. (a) No Project/No Action. This regulatory/register.html. This list will be The overall project purpose relevant to alternative would not implement any of used in the future to notify the public the Clean Water Act Section 404 is to: the elements presented in the project about scheduled hearings and (a) Perform modifications to the description. availability of future public notices. existing shorefront, including water (b) No Federal Action Baseline. This Participation in the public meeting by cutouts to increase water area (up to alternative is the proposed project Federal, state and local agencies and 9.64 acres maximum) and fills, as without any activity requiring a Corps other interested organizations and needed, to reconfigure the site to permit. This alternative represents persons are encouraged. provide for a variety of waterfront uses, Corps’ environmental baseline. During the public scoping hearing, including berthing for visiting tall ships (c) No Federal Action Baseline with anyone wishing to make a statement and other vessels, additional marinas for Cruise Ship Expansion. This alternative will be allocated a certain amount of pleasure craft, water taxi and ferry represents an additional Corps time to provide information on the service, tugboats, and other recreational, environmental baseline wherein LAHD proposed project. The amount of time commercial, and port-related uses, would only receive Corps permits for each person is allowed will be directly without impeding the public’s right to the Cruise Ship Expansion/Modification dependent on the number of people free navigation; features of the proposed project. This who sign up to speak at the public (b) preserve or enhance natural evaluation would allow Corps and hearing. At this time, we estimate that systems that are already within the Port LAHD to separately weigh the impact of individuals will be given 3 minutes to complex (i.e., beaches, salt marsh, the cruise ship facilities. provide their comments verbally. We wetlands, shallow and deep water (d) Reduced Density Alternative. This would like to encourage interest groups habitat, and bluffs); alternative would reduce the density or to designate an official spokesperson to (c) utilize and enhance the value of amount of development as presented in present the group’s views. We will existing deep water in the Outer Harbor the project description. Results from allocate a larger amount of time to and Main Channel by upgrading two LAHD-sponsored June 4, 2005 Reduced official representatives of such groups existing cruise vessel berths and Development Alternative workshop, upon request. Groups wishing to constructing up to two new cruise held in conjunction with the Port designate an official representative must vessel berths, each approximately 1,250 Community Advisory Committee and notify the Corps in writing prior to, but linear feet, to accommodate projected the San Pedro Neighborhood Councils, no later than October 4, 2005. The future growth in the cruise ship along with comments received by the determination of this extended speaking industry (one of the new cruise vessel public, would define the project time will be based on the number of berths would operate 120 days per year); elements included in this alternative. responses received by the Corps. This (d) create a permanent berth for (e) Maximum Density Alternative. rule will be strictly enforced at the Catalina Express and Island Express; This alternative would increase the discretion of the Corps’ hearing officer. and density, amount of development, or Written and email comments to the (e) provide for a variety of waterfront timing of development as presented in Corps and LAHD will be received until uses, including berthing for visiting tall the project description. Comments October 28, 2005. Written comments ships and other vessels, additional received by the public and LAHD’s should be sent to the address below: marinas for pleasure crafts, water taxi Engineering and Project Design Team U.S. Army Corps of Engineers, Los and ferry service, tugboats, and other would influence the project elements Angeles District, Regulatory Branch, recreational, commercial, and port- included in this alternative. c/o Dr. Joshua Burnam, 915 Wilshire, related uses. 5. Scoping Process. The U.S. Army Los Angeles, California 90017–3401, e- 3. Issues. There are several potential Corps of Engineers and the Los Angeles mail: [email protected]. environmental issues that will be Harbor Department (LAHD) will jointly 6. Availability of the Draft EIS/EIR. addressed in the EIS/EIR. Additional conduct a public scoping meeting for The joint lead agencies expect the Draft

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EIS/EIR to be made available to the involved, personally identifiable announcing that for the 2005–06 school public in June 2006. A public hearing information has been deleted, as year only, the Secretary will allow will be held during the public comment appropriate. Most of the changes made States and LEAs to use the best available period for the Draft EIS/EIR. to the IDEA by the Individuals with data in calculating the proportionate Dated: August 22, 2005. Disabilities Education Improvement Act amount of Federal funds to be expended Mark R. Blackburn, of 2004 (IDEA 2004), which on services for parentally-placed private reauthorized and amended the IDEA, school children with disabilities, in lieu Lieutenant Colonel, U.S. Army, Acting District Engineer. took effect on July 1, 2005. Because the of conducting new child counts. letters in this list were issued prior to Topic Addressed: Participation of [FR Doc. 05–17691 Filed 9–6–05; 8:45 am] July 1, 2005, the effective date of IDEA children with disabilities in state and BILLING CODE 3710–92–P 2004, statutory citations in this list refer district-wide assessments. to the provisions of the IDEA that were • Letter dated June 22, 2005 to New in effect prior to July 1, 2005. Mexico Public Education Department DEPARTMENT OF EDUCATION Director of Special Education Denise Part B—Assistance for Education of All Koscielniak, clarifying that IDEA Office of Special Education and Children With Disabilities requirements governing the Rehabilitative Services; List of participation of children with Correspondence Section 611—Authorization; Allotment; Use of Funds; Authorization of disabilities in State and districtwide AGENCY: Department of Education. Appropriations assessments are applicable to New ACTION: List of correspondence from Section 619—Preschool Grants Mexico’s kindergarten screening April 1, 2005 through June 30, 2005. program. Topic Addressed: Allocation of SUMMARY: The Secretary is publishing Funds. Section 613—Local Educational Agency the following list pursuant to section • Letter dated June 20, 2005 to New Eligibility 607(d) of the Individuals with York State Education Department Topic Addressed: Charter schools. Disabilities Education Act, as amended Deputy Commissioner Dr. Rebecca Cort, • Letter dated June 3, 2005 to Arizona (IDEA). Under section 607(d) of the clarifying that the New York State Attorney Mary Ellen Simonson, IDEA, the Secretary is required, on a Education Department may not require regarding the Department’s audit quarterly basis, to publish in the its local educational agencies (LEAs) to determination that for-profit charter Federal Register a list of pass through Part B funds to private schools are not eligible to receive funds correspondence from the Department of providers or counties in the form of a under IDEA or Title I Part A of the Education received by individuals suballocation required under New York Elementary and Secondary Education during the previous quarter that law, but that at an LEA’s discretion, Act. describes the interpretations of the disbursements may be made to cover the Part C—Infants and Toddlers With Department of Education (Department) cost of providing special education and Disabilities of the IDEA or the regulations that related services to individual students implement the IDEA. with disabilities. Section 636—Individualized Family FOR FURTHER INFORMATION CONTACT: Topic Addressed: Use of Funds. Service Plan • Letter dated May 5, 2005 to Guam Melisande Lee or JoLeta Reynolds. Associate Superintendent of Education Topic Addressed: Natural Telephone: (202) 245–7468. Vincent T. Leon Guerrero, clarifying environments. If you use a telecommunications • Letter dated June 7, 2005 to device for the deaf (TDD), you may call that Part B funds may be used to purchase mini buses equipped with Washington Infant and Toddler Early the Federal Relay Service (FRS) at 1– Intervention Program Director Sandy L. 800–877–8339. wheelchair lifts operated solely to provide transportation services for Morris, regarding the natural Individuals with disabilities may environments requirements in Part C of obtain a copy of this notice in an eligible students with disabilities. • Letter dated April 5, 2005 to IDEA, and clarifying that IDEA 2004 alternative format (e.g., Braille, large Louisiana Department of Education continues the Department’s print, audiotape, or computer diskette) Superintendent of Education Cecil J. longstanding interpretation that early on request to the contact persons listed Picard, approving the State’s request to intervention services must be provided under FOR FURTHER INFORMATION use Part B funds to purchase computer in a natural environment, unless a CONTACT. equipment and software to improve written justification exists for providing SUPPLEMENTARY INFORMATION: The educational services for students with these services in other settings. following list identifies correspondence disabilities in the State’s residential Electronic Access to This Document from the Department issued from April programs. 1, 2005 through June 30, 2005. You may view this document, as well Included on the list are those letters Section 612—State Eligibility as all other Department of Education that contain interpretations of the Topic Addressed: Children with documents published in the Federal requirements of the IDEA and its disabilities placed in private schools by Register, in text or Adobe Portable implementing regulations, as well as their parents. Document Format (PDF) on the Internet letters and other documents that the • Office of Special Education at the following site: http://www.ed.gov/ Department believes will assist the Programs Memorandum 05–09 dated news/fedregister/index.html. public in understanding the June 27, 2005 to Chief State School To use PDF you must have Adobe requirements of the law and its Officers, regarding significant statutory Acrobat Reader, which is available free regulations. The date of and topic changes made by IDEA 2004 governing at this site. If you have questions about addressed by a letter are identified, and the obligations of LEAs to parentally- using PDF, call the U.S. Government summary information is also provided, placed private school children with Printing Office (GPO), toll free, at 1– as appropriate. To protect the privacy disabilities attending private schools in 888–293–6498; or in the Washington, interests of the individual or individuals the LEA’s area of jurisdiction and DC, area at (202) 512–1530.

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Note: The official version of this document filing an intervention or protest on or Saltville states that copies of the filing is the document published in the Federal before the intervention or protest date were mailed to all customers of Saltville Register. Free Internet access to the official need not serve motions to intervene or and affected state commissions. edition of the Federal Register and the Code of Federal Regulations is available on GPO protests on persons other than the Any person desiring to protest this Access at: http://www.gpoaccess.gov/nara/ Applicant. filing must file in accordance with Rule index.html. The Commission encourages 211 of the Commission’s Rules of (Catalog of Federal Domestic Assistance electronic submission of protests and Practice and Procedure (18 CFR Number 84.027, Assistance to States for interventions in lieu of paper using the 385.211). Protests to this filing will be Education of Children with Disabilities) ‘‘eFiling’’ link at http://www.ferc.gov. considered by the Commission in Dated: August 31, 2005. Persons unable to file electronically determining the appropriate action to be John H. Hager, should submit an original and 14 copies taken, but will not serve to make Assistant Secretary for Special Education and of the protest or intervention to the protestants parties to the proceeding. Rehabilitative Services. Federal Energy Regulatory Commission, Such protests must be filed in 888 First Street, NE., Washington, DC [FR Doc. 05–17665 Filed 9–6–05; 8:45 am] accordance with the provisions of 20426. BILLING CODE 4000–01–P Section 154.210 of the Commission’s This filing is accessible on-line at regulations (18 CFR 154.210). Anyone http://www.ferc.gov, using the filing a protest must serve a copy of that DEPARTMENT OF ENERGY ‘‘eLibrary’’ link and is available for document on all the parties to the review in the Commission’s Public proceeding. Federal Energy Regulatory Reference Room in Washington, DC. Commission There is an ‘‘eSubscription’’ link on the The Commission encourages Web site that enables subscribers to electronic submission of protests in lieu [Docket Nos. RP05–574–000 and CP05–5– of paper using the ‘‘eFiling’’ link at 000] receive email notification when a document is added to a subscribed http://www.ferc.gov. Persons unable to Questar Pipeline Company; Notice of docket(s). For assistance with any FERC file electronically should submit an Tariff Filing Online service, please email original and 14 copies of the protest to [email protected], or call the Federal Energy Regulatory August 30, 2005. (866) 208–3676 (toll free). For TTY, call Commission, 888 First Street, NE., Take notice that on August 25, 2005, (202) 502–8659. Washington, DC 20426. Questar Pipeline Company (Questar), pursuant to 154.7 of the Commission’s Magalie R. Salas, This filing is accessible on-line at Regulations, and ordering paragraph D Secretary. http://www.ferc.gov, using the of the Commission’s January 21, 2005, [FR Doc. E5–4858 Filed 9–6–05; 8:45 am] ‘‘eLibrary’’ link and is available for review in the Commission’s Public Order Issuing Certificate in Docket No. BILLING CODE 6717–01–P CP05–5–000, tendered for filing and Reference Room in Washington, DC. acceptance the following tariff sheets to There is an ‘‘eSubscription’’ link on the its First Revised Volume No. 1 to be DEPARTMENT OF ENERGY Web site that enables subscribers to effective October 1, 2005. receive email notification when a Federal Energy Regulatory document is added to a subscribed First Revised Volume No. 1 Commission docket(s). For assistance with any FERC Thirty-Seventh Revised Sheet No. 5, Online service, please e-mail Eighteenth Revised Sheet No. 5A, [Docket No. RP05–157–005] [email protected], or call Third Revised Sheet No. 181, (866) 208–3676 (toll free). For TTY, call Fourth Revised Sheet No. 184. Saltville Gas Storage Company L.L.C.; (202) 502–8659. Questar states that copies of this filing Notice of Filing Comment Date: 5 p.m. Eastern Time were served upon the Public Service August 30, 2005. Commission of Utah and the Public on September 6, 2005. Service Commission of Wyoming and Take notice that on August 17, 2005, Magalie R. Salas, customers. Saltville Gas Storage Company L.L.C. Secretary. Any person desiring to intervene or to (‘‘Saltville’’) tendered for filing an [FR Doc. E5–4860 Filed 9–6–05; 8:45 am] protest this filing must file in original and five copies of a Firm accordance with Rules 211 and 214 of Storage Service Agreement (‘‘FSS BILLING CODE 6717–01–P the Commission’s Rules of Practice and Agreement’’) with Sequent Energy Procedure (18 CFR 385.211 and Management, L.P. The subject 385.214). Protests will be considered by agreement is in all respects the same as the Commission in determining the the FSS Agreement between Saltville appropriate action to be taken, but will and NUI Energy Brokers, Inc. (‘‘NUIEB’’) not serve to make protestants parties to previously filed with and approved by the proceeding. Any person wishing to the Commission, but the agreement is become a party must file a notice of corrected to reflect that the shipper is intervention or motion to intervene, as NUIEB’s successor, Sequent Energy appropriate. Such notices, motions, or Management, L.P. Saltville requests an protests must be filed in accordance effective date of January 1, 2005 for the with the provisions of Section 154.210 FSS Agreement, and requests that the of the Commission’s regulations (18 CFR Commission grant any authorizations 154.210). Anyone filing an intervention and waivers of the Commission’s or protest must serve a copy of that regulations that are necessary to permit document on the Applicant. Anyone that effective date.

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DEPARTMENT OF ENERGY 3, respectively, of the Natural Gas Act. the FERC, that approval conveys with it The CSLC will use the document to the right of eminent domain. Therefore, Federal Energy Regulatory consider North Baja’s application for if easement negotiations fail to produce Commission leasing the State’s Sovereign and School an agreement, North Baja could initiate [FERC Docket No. PF05–14–000, CSLC File Lands for the pipeline and the condemnation proceedings in No. PRC 8378.2, BLM Reference No. CACA– environmental impacts that could result accordance with California state law. 42662] from any part of the Project in A fact sheet prepared by the FERC California. entitled ‘‘An Interstate Natural Gas California State Lands Commission The Bureau of Land Management Facility on My Land? What Do I Need and North Baja Pipeline, LLC; Notice of (BLM) is participating as a cooperating To Know?’’ is available for viewing on Intent/Preparation To Prepare a Joint agency in the preparation of the EIS/EIR the FERC Internet Web site (http:// Environmental Impact Statement/ because the Project would cross Federal www.ferc.gov). This fact sheet addresses Report and Proposed Land Use Plan land under the jurisdiction of the Palm a number of typically asked questions, Amendment for the Proposed North Springs, El Centro, and Yuma Field including the use of eminent domain Baja Pipeline Expansion Project, Offices. The EIS/EIR will be used by the and how to participate in the FERC’s Request for Comments on BLM to meet its NEPA responsibilities proceedings. Environmental Issues/Impacts, and in considering North Baja’s application Notice of Public Scoping Meetings to amend its existing Right-of-Way Summary of the Proposed Project Grant and obtain a Temporary Use August 30, 2005. North Baja, an indirect wholly owned Permit for the portion of the Project on subsidiary of TransCanada Corporation, The staffs of the Federal Energy Federal land. The BLM will also use the Regulatory Commission (FERC or has announced its intention to expand EIS/EIR to consider amending the its existing natural gas pipeline system Commission) and the California State California Desert Conservation Area Lands Commission (CSLC) will jointly in La Paz County, Arizona and Riverside (CDCA) Plan (as amended), which and Imperial Counties, California. The prepare an environmental impact would be necessary for any pipeline statement/report (EIS/EIR) that will existing North Baja system is currently construction outside of designated certificated by the FERC to transport discuss the environmental impacts of utility corridors, as well as amending North Baja Pipeline, LLC’s (North Baja) 512,500 dekatherms per day of natural the Yuma District Resource gas in a southbound direction. The proposed North Baja Pipeline Expansion Management Plan (Yuma District Plan), Project (Project) in La Paz County, expansion Project would allow for a which would be necessary for pipeline northbound flow of gas. Once Arizona and Riverside and Imperial construction across the Milpitas Wash Counties, California. This notice completed, the expanded system would Special Management Area (SMA). be capable of transporting up to 2 explains the scoping process that will be With this notice, the environmental billion dekatherms per day of natural used to gather input from the public and staffs of the FERC, the CSLC, and the gas from proposed liquefied natural gas interested agencies on the Project. Your BLM (Agency Staffs) are asking other (LNG) terminals in Baja California, input will help us determine which Federal, state, local, and tribal agencies Mexico, from an interconnect with the issues/impacts need to be evaluated in with jurisdiction and/or special Gasoducto Bajanorte Pipeline at the the EIS/EIR. Please note that the scoping expertise with respect to environmental U.S.-Mexico border, to an interconnect period for the Project will close on issues/impacts to participate as with the existing SoCal Gas Company October 10, 2005. cooperating agencies in the preparation (SoCal Gas) system in Blythe, California, Comments may be submitted in of the EIS/EIR. These agencies may for delivery into California and other written form or verbally. In lieu of or in choose to participate once they have addition to sending written comments, evaluated North Baja’s proposal relative southwestern U.S. markets. you are invited to attend the public to their responsibilities. Agencies that The facilities proposed by North Baja scoping meetings that have been would like to request cooperating include the following to expand the scheduled in the Project area. These existing system: agency status should file a request in • meetings are scheduled for September accordance with the instructions for Up to 80 miles of buried 36-inch- or 1 28, 2005 in Blythe, California and filing comments described later in this 42-inch-diameter pipeline loop September 29, 2005 in El Centro, notice. (referred to as the ‘‘B-Line’’) adjacent to California. Further instructions on how This notice is being sent to affected its existing 30-inch- and 36-inch- to submit written comments and landowners; Federal, state, and local diameter pipeline (referred to as the ‘‘A- additional details of the public scoping government agencies and elected Line’’) in La Paz, Riverside, and meetings are provided in the public officials; environmental and public Imperial Counties; participation section of this notice. interest groups; Native American tribes; • One metering station at the The FERC will be the lead Federal other interested parties; and local interconnect with SoCal Gas in Blythe agency and the CSLC will be the state libraries and newspapers. The Agency (Blythe Meter Station); lead agency for the preparation of the Staffs encourage elected government • One pig 2 receiver at the existing EIS/EIR. The joint document, which representatives to notify their Ehrenberg Compressor Station in La Paz will avoid much duplication of constituents of this proposed Project County; environmental analyses, will satisfy the and encourage them to comment on • One pig launcher and one pig requirements of both the National their areas of concern. receiver at the existing Ogilby Meter Environmental Policy Act (NEPA) and If you are a landowner receiving this Station in Imperial County; the California Environmental Quality notice, you may be contacted by a North Act (CEQA). The FERC will use the EIS/ Baja representative about the acquisition 1 A loop is a segment of pipeline that is usually EIR to consider the environmental of an easement to construct, operate, installed adjacent to an existing pipeline and impacts that could result if it issues and maintain the proposed facilities. connected to it at both ends. The loop allows more gas to be moved through the system. North Baja a Certificate of Public North Baja would seek to negotiate a 2 A pig is an internal tool used to clean and dry Convenience and Necessity and a mutually acceptable agreement. a pipeline and/or to inspect it for damage or Presidential Permit under sections 7 and However, if the Project is approved by corrosion.

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• Seven mainline valves along the Generating Station. The IID is import capability and market demand. right-of-way; and considering a future expansion of the The actual amount of pipeline loop that • Modifications within the Ehrenberg station to meet growing power demand. would be required in each phase is Compressor Station and Ogilby Meter The IID Lateral facilities proposed by unknown at this time; however, North Station to allow for northbound flow. North Baja include: Baja expects that the entire 80 miles of The proposed route of the B-Line • Approximately 46 miles of buried its system may eventually need to be would cross approximately 59 miles of 16-inch-diameter pipeline lateral (IID looped. The approximate duration of Federal land in Riverside and Imperial Lateral); construction for each phase of the B- Counties. The majority of the route on • One metering station at the Line facilities is 4 months. Construction Federal land follows a designated utility interconnect with the IID El Centro of the Blythe Energy Interconnect corridor. An amendment to the CDCA Generating Station (IID El Centro Meter Lateral and associated metering and Plan would be needed, however, Station); valving facilities is anticipated to occur because the proposed route deviates • One pig launcher at a tap off the A- in 2007 concurrent with construction of from a designated utility corridor on Line near the Ogilby Meter Station; Phase I of the B-Line facilities. North BLM land at six locations in the CDCA, • One pig receiver at the IID El Centro Baja anticipates that construction of the for a total length of approximately 20 Generating Station; and IID Lateral facilities would occur in miles. In the locations where the route • Up to five block valves along the 2008 or 2009 and would take deviates, it would primarily follow or right-of-way. approximately 4 months. abut other previously disturbed North Baja’s preferred route of the IID The EIS/EIR will evaluate the corridors established by roads such as Lateral would cross approximately 30 potential environmental impacts of an State Route 78 or Ogilby Road and miles of Federal land in Imperial 80-mile-long loop of the entire North would lie within North Baja’s existing County. The route on Federal land Baja system as well as the proposed permanent right-of-way. About 2.3 miles deviates from designated utility lateral facilities. The EIS/EIR will also of the B-Line would cross the Milpitas corridors at one location for about 10 evaluate the potential environmental Wash SMA. An amendment to the miles, where it would parallel Interstate impacts of facilities not within the Yuma District Plan would be needed for Highway 8. Most of the IID Lateral jurisdiction of the lead agencies that this crossing because the plan prohibits would be installed in public road rights- may be associated with the proposed the location of new utility facilities in of-way. Project (e.g., the potential expansion of SMAs. Figures of the proposed facilities are the IID El Centro Generating Station). 4 In association with its proposed provided in Appendix 1. Figure 1 Land Requirements for Construction expansion, North Baja proposes to depicts a general overview of the major construct a 0.5-mile-long, buried 12- Project facilities. Figure 1 also depicts Construction of the proposed facilities inch-diameter pipeline lateral 3 (Blythe North Baja’s preferred route for the B- would require about 1,426.9 acres of Energy Interconnect Lateral) and Line in the Palo Verde Valley (adjacent land. Following construction, about associated metering and valving from to the A-Line along 18th Avenue) and 286.6 acres would be retained as the proposed Blythe Meter Station north an alternative route under consideration permanent right-of-way and to an interconnect with Blythe Energy’s in the Palo Verde Valley along 22nd aboveground facility sites, although if existing supply lateral near Interstate Avenue. Figure 2 depicts North Baja’s the IID Lateral is built within county Highway 10 in Riverside County. The preferred route for the IID Lateral and road rights-of-way as proposed, the lateral would cross privately owned various alternative routes under amount of new permanent right-of-way land adjacent to the existing SoCal Gas consideration. would be reduced to approximately 90 pipelines and parallel to the D–10–13 North Baja anticipates that the final to 100 acres. The remaining 1,140.3 Canal and Riviera Drive. North Baja’s transportation precedent agreements 5 acres of temporary workspace would be preferred alignment would be on the for capacity on the B-Line facilities will restored and allowed to revert to its east side of the canal; an alternative dictate the phasing of additional former use. alignment on the west side of the canal pipeline capacity; therefore, the B-Line B-Line Facilities facilities would be constructed in is also under consideration. The Blythe The typical construction right-of-way phases. It is anticipated that Phase I Energy Interconnect Lateral would for the B-Line would be up to 100 feet would be constructed in 2007; Phase II provide 82,320 dekatherms per day of wide, consisting of North Baja’s existing would be constructed in 2008 or 2009. natural gas to the existing Blythe Energy 50-foot-wide permanent right-of-way North Baja states that a third phase may Facility west of Blythe. These volumes and 50 feet of new temporary be necessary depending on future LNG would provide diversification of natural workspace. In most areas, about 60 to 80 gas supplies to Blythe Energy and feet of the construction right-of-way 4 The appendices referenced in this notice are not would not increase the existing level of would overlap the previously disturbed electrical generation. being printed in the Federal Register. A copy of this notice, including the appendices, is available on the right-of-way. Additional right-of-way North Baja also proposes to construct FERC Internet Web site (http://www.ferc.gov) at the width and temporary extra workspace a new pipeline lateral and associated ‘‘eLibrary’’ link or from the FERC’s Public Reference would be required at certain feature Room at (202) 502–8371. For instructions on facilities in Imperial County from an crossings (e.g., roads, canals) and areas interconnect near the Ogilby Meter connecting to eLibrary, refer to the end of this notice. A copy of this notice, including the requiring special construction Station to the existing Imperial appendices, is also available on the CSLC Internet techniques (e.g., steep terrain, locations Irrigation District (IID) El Centro Web site (http://www.slc.ca.gov). The appendices underlain by excessively sandy soils). were sent to all those receiving this notice in the Generating Station. The lateral would The B-Line would be generally deliver up to 100 million cubic feet per mail. Requests for detailed maps of the proposed facilities should be made directly to North Baja via installed within North Baja’s existing day of natural gas to the IID El Centro e-mail at [email protected] or by 50-foot-wide right-of-way using a calling 1–866–220–0268. standard 25-foot offset from the existing 3 A lateral is typically a smaller diameter pipeline 5 A precedent agreement is a binding contract that takes gas from the main system to deliver it to under which one or both parties has the ability to A-Line. In the Palo Verde Valley, the B- a customer, local distribution system, or another terminate the agreement if certain conditions, such Line would be installed to the south or interstate transmission system. as receipt of regulatory approvals, are not met. east of the A-Line. For the remainder of

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the route, the B-Line would be typically valves along the right-of-way would interested parties; local libraries and west of the A-Line with the exception of each require 50-foot by 50-foot sites. newspapers; and the FERC’s official a few areas where the B-Line would service list for this proceeding. A 90-day The EIS/EIR Process cross over to the east to avoid sensitive comment period will be allotted for features. With a few exceptions, North NEPA requires the FERC to take into review of the Draft EIS/EIR. The Agency Baja would not require additional account the environmental impacts that Staffs will consider all timely comments permanent right-of-way. could result from an action whenever it on the Draft EIS/EIR and revise the The Blythe Meter Station would considers the issuance of a Certificate of document, as necessary, before issuing a require about 4.0 acres of land for Public Convenience and Necessity. The Final EIS/EIR. construction and operation. The pig CSLC, as the state lead agency, is receiver at the Ehrenberg Compressor required to consider the same potential The BLM’s Plan Amendment Process Station would be installed within the impacts within the State of California As discussed above, the BLM will use existing fence line and would not under the CEQA. The EIS/EIR the the EIS/EIR to consider amending the require additional land. The Agency Staffs are preparing will provide CDCA Plan (as amended) and the Yuma modifications at the Ehrenberg this information to the FERC and the District Plan. Publication of this notice Compressor Station to allow for CSLC. formally initiates the plan amendment northbound flow would also occur Although no formal application has process and begins the scoping process. within the existing fence line except for yet been filed with the FERC, the The BLM regulations in Title 43 Code about 400 feet of header pipe that would Agency Staffs have begun the of Federal Regulations (CFR) part 1600 require a temporary disturbance of environmental review of the Project in and the NEPA process detailed in the about 0.7 acre. The additional valving, accordance with the FERC’s Pre-Filing Council on Environmental Quality piping, and pig launcher and receiver at Process. The purpose of the Pre-Filing regulations in Title 40 CFR parts 1500– the Ogilby Meter Station would require Process is to seek public and agency 1508 guide preparation of plan an expansion of the existing 200-foot by input early in the Project planning amendments. The process is tailored to 200-foot site by 100 feet to a 200-foot by phase and encourage involvement by the anticipated level of public interest 300-foot site. The seven mainline valves interested stakeholders to allow for the and potential for significant impacts. would be collocated with the seven early identification and resolution of Plan amendments (see Title 43 CFR existing mainline valves and would environmental issues/impacts. The part 1610.5-5) change one or more of the require an expansion of the existing 50- Agency Staffs will work with all terms, conditions, or decisions of an foot by 50-foot sites to 75-foot by 150- interested stakeholders to identify and approved land use plan. These foot sites. attempt to address issues/impacts before decisions may include those relating to North Baja files its application with the desired outcomes; measures to achieve Blythe Energy Interconnect Lateral FERC. A diagram depicting the desired outcomes, including resource Facilities environmental review process for the restrictions; or land tenure decisions. The typical construction right-of-way Project is attached to this notice as Plan amendments are required to for the Blythe Energy Interconnect Appendix 2. consider any proposal or action that Lateral would be 80 feet wide. After The Agency Staffs have already does not conform to the plan. construction, a 35-foot-wide permanent started to meet with North Baja, An applicant may request that the right-of-way would be retained. The jurisdictional agencies, and other BLM amend the land use plan to allow associated metering and valving interested stakeholders to discuss the an otherwise non-conforming proposal. facilities would be installed within the Project and identify issues/impacts and The amendment and any 4.0-acre site for the proposed Blythe concerns. On July 6 and 7, 2005, the implementation actions (i.e., granting Meter Station. Agency Staffs participated in public the Right-of-Way and Temporary Use open houses sponsored by North Baja in Permit) may be considered together. IID Lateral Facilities the Project area to explain the NEPA/ However, at the decision stage, the land The typical construction right-of-way CEQA environmental review process to use plan decisions must be separated for the IID Lateral would be 80 feet interested stakeholders and take from the implementation decisions. wide. After construction, a 50-foot-wide comments about the Project. During Additional information regarding the permanent right-of-way would be September 2005, the Agency Staffs will plan amendment process can be found retained. Most of the permanent right- be conducting interagency scoping in the BLM’s Land Use Planning of-way would be in public road rights- meetings in the Project area to solicit Handbook (http://www.blm.gov/nhp/ of-way. Additional right-of-way width comments and concerns from agencies 200/wo210/landuselhb.pdf). and temporary extra workspace may be having jurisdiction over the Project. By required at certain feature crossings and this notice, the Agency Staffs are Currently Identified Environmental in areas requiring special construction formally announcing the preparation of Issues/Impacts techniques. the EIS/EIR and requesting additional The EIS/EIR will discuss a wide range The IID El Centro Meter Station agency and public comments to help of impacts that could occur as a result would be installed within the existing focus the analysis in the EIS/EIR on the of the construction and operation of the fence line of the IID El Centro Power potentially significant environmental proposed Project. The Agency Staffs Generating Station and would not issues/impacts related to the proposed have already identified a number of require additional land. The pig receiver action. specific issues/impacts that deserve at the IID El Centro Power Generating The Agency Staffs’ independent attention based on a preliminary review Station would also be installed within analyses of the issues/impacts will be of the proposed facilities, the the existing fence line and would not included in a Draft EIS/EIR. The Draft environmental information provided by require additional land. The pig EIS/EIR will be mailed to Federal, state, North Baja, and comments received to launcher and a block valve at the tap off and local government agencies and date. This preliminary list of issues/ the A-Line near the Ogilby Meter elected officials; environmental and impacts may be changed based on your Station would require a 75-foot by 150- public interest groups; Native American comments and the additional analysis of foot site. Up to four additional block tribes; affected landowners; other the Agency Staffs.

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• Geology and Soils: Public Participation Date Location —Assessment of potential geological hazards. You are encouraged to become Wednesday, Sep- Blythe City Council —Effect on prime farmland soils. involved in this process and provide tember 28, 2005. Chamber, 235 —Desert construction and erosion your specific comments or concerns North Broadway, control. about North Baja’s proposal. Your Blythe, CA 92225, —Right-of-way restoration and comments should focus on the potential (760) 922-6161. revegetation in an arid environment. environmental effects, reasonable Thursday, September Vacation Inn, 2015 alternatives, and measures to avoid or 29, 2005. Cottonwood Circle, —Evaluation of noxious weed control El Centro, CA measures. lessen environmental impacts. The more • 92243, (760) 352– Water Resources: specific your comments, the more useful 9700. —Impact of dry crossings of irrigation they will be. To expedite the Agency canals and drains in the Palo Verde Staffs’ receipt and consideration of your Once North Baja formally files its Irrigation District. comments, electronic submission of application with the FERC, you may —Impact of open-cut crossings of dry comments is strongly encouraged. See want to become an official party to the washes. Title 18 CFR 385.2001(a)(1)(iii) and the proceeding known as an ‘‘intervenor.’’ • Wildlife and Vegetation: instructions on the FERC Internet Web Intervenors play a more formal role in —Effect on Sonoran creosote bush scrub site (http://www.ferc.gov) under the the process and are able to file briefs, and desert wash woodland. eFiling link and the link to the User’s appear at hearings, and be heard by the —Effects on biodiversity. Guide. Before you can submit comments • courts if they choose to appeal the Special Status Species: you will need to create a free account by FERC’s final ruling. An intervenor —Potential effect on federally and state- clicking on ‘‘Sign-up’’ under ‘‘New formally participates in a FERC listed species, including the desert User.’’ You will be asked to select the proceeding by filing a request to tortoise, flat-tailed horned lizard, type of submission you are making. This intervene. Instructions for becoming an Colorado Desert fringe-toed lizard, type of submission is considered a intervenor are included in the User’s Mojave fringe-toed lizard, burrowing ‘‘Comment on Filing.’’ Comments Guide under the eFiling link on the owl, and Peirson’s milkvetch. • submitted electronically must be FERC’s Web site. Please note that you Cultural Resources: submitted by October 10, 2005. may not request intervenor status at this —Effect on historic and prehistoric time. You must wait until a formal sites. If you wish to mail comments, please mail your comments so that they will be application is filed with the FERC. —Native American and tribal concerns. Affected landowners and parties with • Land Use, Recreation and Special received in Washington, DC on or before October 10, 2005 and carefully follow environmental concerns may be granted Interest Areas, and Visual Resources: intervenor status upon showing good —Temporary disturbance to residents. these instructions: cause by stating that they have a clear —Impacts on public roads, Send an original and two copies of and direct interest in this proceeding transportation, and traffic. your letter to: —Potential conflict with authorized off- that would not be adequately • Magalie R. Salas, Secretary, Federal road vehicle use areas. represented by any other parties. You do —Potential to increase access into Energy Regulatory Commission, 888 not need intervenor status to have your sensitive areas. First St. NE.; Room 1A, Washington, DC environmental comments considered. 20426; —Amendments to the CDCA and Yuma Environmental Mailing List District Plans. • Label one copy of your comments If you received this notice, you are on —Visual impacts. for the attention of the Gas Branch 1, • Socioeconomics: DG2E; the environmental mailing list for this Project and will continue to receive —Environmental justice analysis. • • Reference Docket No. PF05–14–000 Project updates including the Draft and Air Quality and Noise: on the original and both copies; and —Effects on local air quality and Final EIS/EIRs. If you want your contact ambient noise from construction and Send an additional copy of your letter information corrected or you do not operation of the proposed facilities. to: want to remain on our mailing list, —Regional air quality impacts. • Sarah Mongano, California State please return the Correct or Remove • Reliability and Safety: Lands Commission, 100 Howe Avenue, From Mailing List Form included as —Public health and safety risks Suite 100 South, Sacramento, CA 95825. Appendix 3. associated with the operation of the Your letter to the CSLC should Availability of Additional Information Project. reference File No. PRC 8378.2. —Evaluation of emergency response Additional information about the procedures. Two public scoping meetings, which Project is available from the FERC’s • Alternatives: will be joint NEPA/CEQA scoping Office of External Affairs at 1–866–208– —Assessment of existing systems and meetings, are designed to provide FERC or on the FERC Internet Web site alternative routes to reduce or avoid another opportunity to offer comments (http://www.ferc.gov) using the eLibrary environmental impacts. on the proposed Project. Interested link. Click on the eLibrary link, click on —Deviations from the CDCA Plan groups and individuals are encouraged ‘‘General Search,’’ and enter the docket designated Utility Corridor J. to attend the meetings and to present number excluding the last three digits in • Cumulative Impacts: comments on the environmental issues/ the Docket Number field. Be sure you —Potential conflict with other projects impacts they believe should be have selected an appropriate date range. proposed along the All American addressed in the EIS/EIR. A transcript of For assistance, please contact FERC Canal during the same time frame. the meetings will be generated so that Online Support at —Assessment of the effects of the your comments will be accurately [email protected] or toll proposed Project when combined recorded. Both meetings will begin at 7 free at 1–866–208–3676, or for TTY, with related impacts from other p.m. (PST), and are scheduled as contact (202) 502–8659. The eLibrary actions in the same region. follows: link on the FERC Internet Web site also

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provides access to the texts of formal The meetings will be held at the uses. Any distribution, sale, or use of documents issued by the Commission, CAISO’s facility, located at 151 Blue the CCA products subject to this such as orders, notices, and rule Ravine Road, Folsom, CA 95630. cancellation order is permitted only in makings. Sponsored by the CAISO, the accordance with the terms of this In addition, the FERC now offers a meetings are open to the public, and cancellation order, including any free service called eSubscription that staff’s attendance is part of the existing stocks provisions. allows you to keep track of all formal Commission’s ongoing outreach efforts. DATES: The cancellations are effective issuances and submittals in specific The meeting may discuss matters at September 7, 2005. issue in Docket No. ER02-1656-000. dockets. This can reduce the amount of FOR FURTHER INFORMATION CONTACT: time you spend researching proceedings For further information, contact Katherine Gensler at Rebecca Miller, Antimicrobials Division by automatically providing you with (7510C), Office of Pesticide Programs, notification of these filings, document [email protected]; (916) 294– 0275. Environmental Protection Agency, 1200 summaries, and direct links to the Pennsylvania Ave., NW., Washington, documents. To register for this service, Magalie R. Salas, DC 20460–0001; telephone number: go to the eSubscription link on the Secretary. (703) 305–0012; fax number: (703) 308– FERC Internet Web site. [FR Doc. E5–4861 Filed 9–6–05; 8:45 am] 8481; e-mail address: Information concerning the BILLING CODE 6717–01–P [email protected]. involvement of the CSLC in the EIS/EIR process may be obtained from Sarah SUPPLEMENTARY INFORMATION: Mongano, Project Manager, at (916) ENVIRONMENTAL PROTECTION I. General Information 574–1889, or on the CSLC Internet Web AGENCY site at http://www.slc.ca.gov. A. Does this Action Apply to Me? Information concerning the proposed [OPP–2004–0266; FRL–7734–1] This action is directed to the public land use plan amendments and the in general, and may be of interest to a Chromated Copper Arsenate (CCA); involvement of the BLM in the EIS/EIR wide range of stakeholders including Amendment to Terminate a Use and plan amendment process may be environmental, human health, and obtained from Lynda Kastoll, Project AGENCY: Environmental Protection agricultural advocates; the chemical Manager, at (760) 337–4421. Agency (EPA). industry; pesticide users; and members Finally, North Baja has established an ACTION: Notice. of the public interested in the sale, Internet Web site at http:// distribution, or use of pesticides. Since www.northbajapipeline.com/ SUMMARY: This notice announces EPA’s others also may be interested, the lng_expansion/. The Web site includes cancellation order granting amendments Agency has not attempted to describe all a description of the Project, a proposed to terminate uses, voluntarily requested the specific entities that may be affected Project schedule, North Baja’s answers by the registrant(s) and accepted by the by this action. If you have any questions to frequently asked questions, and links Agency, of products containing the regarding the applicability of this action to related documents. North Baja will pesticide Chromated Copper Arsenate to a particular entity, consult the person continue to update its Web site with (CCA), pursuant to section 6(f)(1) of the listed under FOR FURTHER INFORMATION information about the Project. Federal Insecticide, Fungicide, and CONTACT. Rodenticide Act (FIFRA), as amended. Magalie R. Salas, This cancellation order follows a B. How Can I Get Copies of this Secretary. September 8, 2004 Federal Register Document and Other Related [FR Doc. E5–4859 Filed 9–6–05; 8:45 am] Notice of Receipt of Requests (69 FR Information? BILLING CODE 6717–01–P 54278) from the CCA registrants to 1. Docket. EPA has established an voluntarily amend their affected official public docket for this action product registrations to terminate the under docket identification (ID) number DEPARTMENT OF ENERGY use ‘‘members out of water and not OPP–2004–0266. The official public subject to salt water [or brackish water] docket consists of the documents Federal Energy Regulatory splash, and not in soil use,’’ as currently specifically referenced in this action, Commission stated under American Wood any public comments received, and Preservers’ Association (AWPA) other information related to this action. [Docket No. ER02–1656–000] Standard C18 (Wood for Marine Although a part of the official docket, Construction). The registrants requested the public docket does not include California Independent System that these use terminations become Confidential Business Information (CBI) Operator Corporation; Notice of FERC effective December 31, 2004. For further or other information whose disclosure is Staff Attendance information, please refer to the CCA restricted by statute. The official public August 29, 2005. guidance document at http:// docket is the collection of materials that www.epa.gov/pesticides/factsheets/ is available for public viewing at the The Federal Energy Regulatory chemicals/ ccalawpaljune.pdf. In the Public Information and Records Commission (Commission) hereby gives September 8, 2004 Notice, EPA Integrity Branch (PIRIB), Rm. 119, notice that members of its staff will indicated that it intended to issue a Crystal Mall #2, 1801 S. Bell St., attend a series of stakeholder meetings cancellation order implementing the Arlington, VA. This docket facility is on the California Independent System amendments to terminate the use. All open from 8:30 a.m. to 4 p.m., Monday Operator Corporation’s (CAISO) Market affected CCA registrants waived the through Friday, excluding legal Redesign and Technology Upgrade 180–day comment period (i.e., any holidays. The docket telephone number proposal on the following dates: comment period in excess of 30 days). is (703) 305–5805. August 30–September 1, 2005. Accordingly, EPA hereby issues in this 2. Electronic access. You may access September 20–22, 2005. notice a cancellation order granting the this Federal Register document October 24–28, 2005. requested amendments to terminate the electronically through the EPA Internet

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under the ‘‘Federal Register’’ listings at TABLE 2.—REGISTRATIONS WITH RE- IV. Cancellation Order http://www.epa.gov/fedrgstr/. QUESTS FOR AMENDMENTS TO TER- Pursuant to FIFRA section 6(f), EPA An electronic version of the public MINATE CERTAIN USES hereby approves, through this docket is available through EPA’s cancellation order, the requested electronic public docket and comment EPA Registra- Product Name amendments to terminate certain uses of system, EPA Dockets. You may use EPA tion No. CCA registrations identified in Table 2 of Unit II. Accordingly, the Agency Dockets at http://www.epa.gov/edocket/ End Use Products1 to view public comments, access the orders that the CCA product index listing of the contents of the 003008-17 K-33-C (72%) Wood Pre- registrations identified in Table 2 of official public docket, and to access servative Unit II. are herby amended to terminate those documents in the public docket the affected uses. The affected products must bear the that are available electronically. 003008-21 Special K-33 Preservative following label language in order to be Although not all docket materials may 003008-34 K-33 (60%) Wood Pre- in compliance with this order: be available electronically, you may still servative access any of the publicly available Revised Language End Use Product docket materials through the docket 003008-35 K-33 (40%) Type-B Wood (EUP) facility identified in Unit I.B.1. Once in Preservative This product may only be used for the system, select ‘‘search,’’ then key in preservative treatment of the following the appropriate docket ID number. 003008-36 K-33-C (50%) Wood Pre- categories of forest products and in servative accordance with the respective cited II. What Action is the Agency Taking? standard (noted parenthetically) of the 2001 003008-42 K-33-A (50%) Wood Pre- edition of the American Wood-Preservers’ This notice announces issuance of a servative Association (AWPA) Standards: Lumber and cancellation order granting amendments Timber for Salt Water Use Only (C2), Piles to terminate certain uses on pesticide 003008-72 Osmose Arsenic Acid (C3), Poles (C4), Plywood(C9), Wood for 75% products containing CCA that are Highway Construction (C14), Round, Half registered under section 3 of FIFRA. The Round and Quarter Round Fence Posts (C16), 010465-26 CCA Type-C Wood Pre- Poles, Piles and Posts Used as Structural use terminations requested by the servative 50% Members on Farms, and Plywood Used on registrants affect ‘‘members out of water Farms (C16), Wood for Marine Construction and not subject to salt water [or brackish 010465-28 CCA Type-C Wood Pre- (C18), Lumber and Plywood for Permanent water] splash, and not in soil use,’’ as servative 60% Wood Foundations(C22), Round Poles and currently stated under American Wood Posts Used in Building Construction (C23), 010465-32 CSI Arsenic Acid 75% Preservers’ Association (AWPA) Sawn Timber Used To Support Residential and Commercial Structures (C24), Sawn Standard C18 (Wood for Marine 062190-2 Wolmanac Concentrate Crossarms (C25), Structural Glued Laminated Construction). The affected registrations 50% Members and Laminations Before Gluing are listed in sequence by registration (C28), Structural Composite Lumber (C33), number in Table 2 of this unit. 062190-8 Wolmanac Concentrate and Shakes and Shingles (C34); and in 72% accordance with the respective cited standard (noted parenthetically) of the 2002 TABLE 1.—REGISTRANTS REQUESTING 062190-14 Wolmanac Concentrate edition of the American Wood-Preservers’ VOLUNTARY AMENDMENT TO TERMI- 60% Association Standards: Lumber, Timbers and NATE USES OF PRODUCTS Plywood for Cooling Towers (C30). Forest Manufacturing Use Products products treated with this product may only Company Name and be sold or distributed for uses within the EPA Company No. Address 003008-66 Arsenic Acid 75% AWPA Commodity Standards under which the treatment occurred. 62190 Arch Wood Protec- 010465-32 CSI Arsenic Acid 75% Effective December 31, 2004, this product tion, Inc., may only be used for preservative treatment 1955 Lake Park 062190-7 Arsenic Acid 75% of the following categories of forest products Drive, Suite 250 and in accordance with the respective cited 1 Smyrna, GA 30080 The September 8, 2004 FEDERAL REGISTER standard (noted parenthetically) of the 2001 notice mistakenly referenced these products edition of the American Wood-Preservers’ as ‘‘experimental use permit‘‘ products. This 10465 Chemical Special- clerical error did not affect the efficacy of that Association (AWPA) Standards: Lumber and ties, Inc., notice or this action in any way. That erro- Timber for Salt Water Use (also includes One Woodlawn neous reference is hereby corrected by this brackish water) Only (C2), Piles (C3), Poles Green footnote. (C4), Plywood(C9), Wood for Highway Charlotte, NC 28217 Construction (C14), Round, Half Round and III. Summary of Public Comments Quarter Round Fence Posts (C16), Poles, Piles 3008 Osmose, Inc., Received and Agency Response to and Posts Used as Structural Members on 980 Ellicott Street Comments Farms, and Plywood Used on Farms (C16), Buffalo, NY 14209– Wood for Marine Construction for Salt Water 2398 During the public comment period Use (also includes brackish water)(immersion provided, EPA received no comments in and/or subject to saltwater (or brackish response to the September 8, 2004 water) splash [‘‘subject to saltwater (or Federal Register notice announcing the brackish water) splash’’ means any member Agency’s receipt of the requests for of a marine structure which is positioned above mean high tide, but is subject to voluntary cancellations and/or frequent wetting from wave action], [Pilings amendments to terminate certain uses of (sheet, round and square), Timbers, and CCA. Plywood; Walers, Framing, Stringers and Cross Bracing (2″ x 8″ and/or 3″ x 6″ and

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larger nominal dimensions and treated to a (C4), Plywood(C9), Wood for Highway use terminations become effective minimum of 0.60 pcf) (C18), Lumber and Construction (C14), Round, Half Round and December 31, 2004, with no provisions Plywood for Permanent Wood Foundations Quarter Round Fence Posts (C16), Poles, Piles for existing stocks. Consequently, the (C22), Round Poles and Posts Used in and Posts Used as Structural Members on Agency is not allowing for any existing Building Construction(C23), Sawn Timber Farms, and Plywood Used on Farms (C16), Used To Support Residential and Wood for Marine Construction for Salt Water stocks provisions for those affected Commercial Structures(C24), Sawn Use (also includes brackish water)(immersion products in the hands of the registrant Crossarms (C25), Structural Glued Laminated and/or subject to saltwater (or brackish on or after the effective date of the use Members and Laminations Before Gluing water) splash [‘‘subject to saltwater (or terminations. Any sale, distribution, or (C28), Structural Composite Lumber (C33), brackish water) splash’’ means any member use of those affected products on or after and Shakes and Shingles (C34); and in of a marine structure which is positioned the effective date of this cancellation accordance with the respective cited above mean high tide, but is subject to order is prohibited. This refers to CCA frequent wetting from wave action], [Pilings standard (noted parenthetically) of the 2002 product labels that bear the C18 Marine edition of the American Wood-Preservers’ (sheet, round and square), Timbers, and Association Standards: Lumber, Timbers and Plywood; Walers, Framing, Stringers and Use, ‘‘members out of water and not Plywood for Cooling Towers (C30). Forest Cross Bracing (2″ x 8″ and/or 3″ x 6″ and subject to saltwater [or brackish water] products treated with this product may only larger nominal dimensions and treated to a splash and not in soil use,’’ and which be sold or distributed for uses within the minimum of 0.60 pcf) (C18), Lumber and do not bear labeling consistent with that AWPA Commodity Standards under which Plywood for Permanent Wood Foundations set forth in Unit IV. above. Sale, the treatment occurred, except where (C22), Round Poles and Posts Used in distribution or use of the stocks in the otherwise provided above. Building Construction(C23), Sawn Timber Used To Support Residential and channels of trade by persons other than Revised Language Manufacturing Use Commercial Structures(C24), Sawn the registrant may continue until Product (MUP) Crossarms (C25), Structural Glue Laminated depleted, provided any sale, Members and Laminations Before Gluing distribution or use is in accordance with This product may only be used (1) for (C28), Structural Composite Lumber (C33), the existing label of that product. formulation of the following end-use wood and Shakes and Shingles (C34); and in preservative products: Ammoniacal copper accordance with the respective cited List of Subjects zinc arsenate (ACZA) or chromated copper standard (noted parenthetically) of the 2002 Environmental protection, Pesticides arsenate (CCA) labeled in accordance with edition of the American Wood-Preservers’ the Directions for Use shown below, or (2) by and pests, Chromated Copper Arsenate, Association Standards: Lumber, Timbers and CCA, and Treated Wood. persons other than the registrant, in Plywood for Cooling Towers (C30). Forest combination with one or more other products products treated with this product may only Dated: August 25, 2005. to make: ACZA wood preservative; or CCA be sold or distributed for uses within the Frank Sanders, wood preservative that is used in accordance AWPA Commodity Standards under which with the Directions for Use shown below. Acting Director, Antimicrobials Division, the treatment occurred, except where Office of Pesticide Programs. This product may only be used for otherwise provided above. preservative treatment of the following Furthermore, any distribution, sale, or [FR Doc. 05–17530 Filed 9–6–05; 8:45 am] categories of forest products and in BILLING CODE 6560–50–S accordance with the respective cited use of existing stocks of the products standard (noted parenthetically) of the 2001 identified in Table 2 of Unit II. in a edition of the American Wood-Preservers’ manner inconsistent with any of the ENVIRONMENTAL PROTECTION Association (AWPA) Standards: Lumber and Provisions for Disposition of Existing AGENCY Timber for Salt Water Use Only (C2), Piles Stocks set forth below in Unit VI. will (C3), Poles (C4), Plywood(C9), Wood for be considered a violation of FIFRA. [OPP–2005–0215; FRL–7731–1] Highway Construction (C14), Round, Half Round and Quarter Round Fence Posts (C16), V. What is the Agency’s Authority for Terbacil; Notice of Filing a Pesticide Poles, Piles and Posts Used as Structural Taking this Action? Petition to Establish a Tolerance for a Members on Farms, and Plywood Used on Section 6(f)(1) of FIFRA provides that Certain Pesticide Chemical in or on Farms (C16), Wood for Marine Construction Food (C18), Lumber and Plywood for Permanent a registrant of a pesticide product may at any time request that any of its Wood Foundations(C22), Round Poles and AGENCY: Environmental Protection Posts Used in Building Construction (C23), pesticide registrations be canceled or Agency (EPA). Sawn Timber Used To Support Residential amended to terminate one or more uses. ACTION: Notice. and Commercial Structures (C24), Sawn FIFRA further provides that, before Crossarms (C25), Structural Glued Laminated acting on the request, EPA must publish SUMMARY: This notice announces the Members and Laminations Before Gluing a notice of receipt of any such request initial filing of a pesticide petition (C28), Structural Composite Lumber (C33), in the Federal Register. Thereafter, proposing the establishment of and Shakes and Shingles (C34); and in following the public comment period, accordance with the respective cited regulations for residues of a certain standard (noted parenthetically) of the 2002 the Administrator may approve such a pesticide chemical in or on various food edition of the American Wood-Preservers’ request. commodities. Association Standards: Lumber, Timbers and VI. Provisions for Disposition of DATES: Comments, identified by docket Plywood for Cooling Towers (C30). Forest Existing Stocks identification (ID) number OPP–2005– products treated with this product may only 0215, must be received on or before be sold or distributed for uses within the Existing stocks are those stocks of October 7, 2005. AWPA Commodity Standards under which registered pesticide products which are the treatment occurred. currently in the United States and ADDRESSES: Comments may be Effective December 31, 2004, this product which were packaged, labeled, and submitted electronically, by mail, or may only be used for preservative treatment released for shipment prior to the through hand delivery/courier. Follow of the following categories of forest products the detailed instructions as provided in and in accordance with the respective cited effective date of the cancellation action. The cancellation order issued in this Unit I. of the SUPPLEMENTARY standard (noted parenthetically) of the 2001 INFORMATION. edition of the American Wood-Preservers’ Notice includes the following existing Association (AWPA) Standards: Lumber and stocks provisions. FOR FURTHER INFORMATION CONTACT: Timber for Salt Water Use (also includes The registrants of affected CCA Sidney Jackson, Registration Division brackish water) Only (C2), Piles (C3), Poles products requested that the voluntary (7505C), Office of Pesticide Programs,

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Environmental Protection Agency, 1200 electronic public docket and comment scanned and placed in EPA’s electronic Pennsylvania Ave., NW., Washington, system, EPA Dockets. You may use EPA public docket. Where practical, physical DC 20460–0001; telephone number: Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the (703) 305–7610; e-mail address: to submit or view public comments, photograph will be placed in EPA’s [email protected]. access the index listing of the contents electronic public docket along with a SUPPLEMENTARY INFORMATION: of the official public docket, and to brief description written by the docket access those documents in the public staff. I. General Information docket that are available electronically. C. How and to Whom Do I Submit A. Does this Action Apply to Me? Although not all docket materials may be available electronically, you may still Comments? You may be potentially affected by access any of the publicly available You may submit comments this action if you are an agricultural docket materials through the docket electronically, by mail, or through hand producer, food manufacturer, or facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper pesticide manufacturer. Potentially the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate affected entities may include, but are the appropriate docket ID number. docket ID number in the subject line on not limited to: Certain types of information will not • the first page of your comment. Please Crop production (NAICS 111) be placed in the EPA Dockets. ensure that your comments are • Animal production (NAICS 112) Information claimed as CBI and other • submitted within the specified comment Food manufacturing (NAICS 311) information whose disclosure is period. Comments received after the • Pesticide manufacturing (NAICS restricted by statute, which is not close of the comment period will be 32532) included in the official public docket, marked ‘‘late.’’ EPA is not required to This listing is not intended to be will not be available for public viewing consider these late comments. If you exhaustive, but rather provides a guide in EPA’s electronic public docket. EPA’s wish to submit CBI or information that for readers regarding entities likely to be policy is that copyrighted material will is otherwise protected by statute, please affected by this action. Other types of not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do entities not listed in this unit could also docket but will be available only in not use EPA Dockets or e-mail to submit be affected. The North American printed, paper form in the official public CBI or information protected by statute. Industrial Classification System docket. To the extent feasible, publicly (NAICS) codes have been provided to 1. Electronically. If you submit an available docket materials will be made electronic comment as prescribed in this assist you and others in determining available in EPA’s electronic public unit, EPA recommends that you include whether this action might apply to docket. When a document is selected your name, mailing address, and an e- certain entities. If you have any from the index list in EPA Dockets, the mail address or other contact questions regarding the applicability of system will identify whether the information in the body of your this action to a particular entity, consult document is available for viewing in comment. Also include this contact the person listed under FOR FURTHER EPA’s electronic public docket. information on the outside of any disk INFORMATION CONTACT. Although not all docket materials may or CD ROM you submit, and in any be available electronically, you may still B. How Can I Get Copies of this cover letter accompanying the disk or access any of the publicly available Document and Other Related CD ROM. This ensures that you can be Information? docket materials through the docket facility identified in Unit I.B.1. EPA identified as the submitter of the 1. Docket. EPA has established an intends to work towards providing comment and allows EPA to contact you official public docket for this action electronic access to all of the publicly in case EPA cannot read your comment under docket ID number OPP–2005– available docket materials through due to technical difficulties or needs 0215. The official public docket consists EPA’s electronic public docket. further information on the substance of of the documents specifically referenced For public commenters, it is your comment. EPA’s policy is that EPA in this action, any public comments important to note that EPA’s policy is will not edit your comment, and any received, and other information related that public comments, whether identifying or contact information to this action. Although a part of the submitted electronically or in paper, provided in the body of a comment will official docket, the public docket does will be made available for public be included as part of the comment that not include Confidential Business viewing in EPA’s electronic public is placed in the official public docket, Information (CBI) or other information docket as EPA receives them and and made available in EPA’s electronic whose disclosure is restricted by statute. without change, unless the comment public docket. If EPA cannot read your The official public docket is the contains copyrighted material, CBI, or comment due to technical difficulties collection of materials that is available other information whose disclosure is and cannot contact you for clarification, for public viewing at the Public restricted by statute. When EPA EPA may not be able to consider your Information and Records Integrity identifies a comment containing comment. Branch (PIRIB), Rm. 119, Crystal Mall copyrighted material, EPA will provide i. EPA Dockets. Your use of EPA’s #2, 1801 S. Bell St., Arlington, VA. This a reference to that material in the electronic public docket to submit docket facility is open from 8:30 a.m. to version of the comment that is placed in comments to EPA electronically is 4 p.m., Monday through Friday, EPA’s electronic public docket. The EPA’s preferred method for receiving excluding legal holidays. The docket entire printed comment, including the comments. Go directly to EPA Dockets telephone number is (703) 305–5805. copyrighted material, will be available at http://www.epa.gov/edocket/, and 2. Electronic access. You may access in the public docket. follow the online instructions for this Federal Register document Public comments submitted on submitting comments. Once in the electronically through the EPA Internet computer disks that are mailed or system, select ‘‘search,’’ and then key in under the ‘‘Federal Register’’ listings at delivered to the docket will be docket ID number OPP–2005–0215. The http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public system is an ‘‘anonymous access’’ An electronic version of the public docket. Public comments that are system, which means EPA will not docket is available through EPA’s mailed or delivered to the docket will be know your identity, e-mail address, or

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other contact information unless you docket and EPA’s electronic public Dated: August 19, 2005. provide it in the body of your comment. docket. If you submit the copy that does Lois Rossi, ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, Director, Registration Division, Office of e-mail to [email protected], mark the outside of the disk or CD ROM Pesticide Programs. Attention: Docket ID Number OPP– clearly that it does not contain CBI. Summary of Petition 2005–0215. In contrast to EPA’s Information not marked as CBI will be electronic public docket, EPA’s e-mail included in the public docket and EPA’s The petitioner summary of the system is not an ‘‘anonymous access’’ electronic public docket without prior pesticide petition is printed below as system. If you send an e-mail comment notice. If you have any questions about required by FFDCA section 408(d)(3). directly to the docket without going CBI or the procedures for claiming CBI, The summary of the petition was through EPA’s electronic public docket, please consult the person listed under prepared by the petitioner and EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. represents the view of the petitioner. captures your e-mail address. E-mail The petition summary announces the addresses that are automatically E. What Should I Consider as I Prepare availability of a description of the captured by EPA’s e-mail system are My Comments for EPA? analytical methods available to EPA for included as part of the comment that is the detection and measurement of the You may find the following placed in the official public docket, and pesticide chemical residues or an suggestions helpful for preparing your made available in EPA’s electronic explanation of why no such method is comments: public docket. needed. iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as comments on a disk or CD ROM that possible. Interregional Research Project Number 4 (IR-4) you mail to the mailing address 2. Describe any assumptions that you identified in Unit I.C.2. These electronic used. PP 3E6640 submissions will be accepted in WordPerfect or ASCII file format. Avoid 3. Provide copies of any technical EPA has received a pesticide petition the use of special characters and any information and/or data you used that (PP 3E6640) from Interregional Research form of encryption. support your views. Project Number 4 (IR-4) on behalf of 2. By mail. Send your comments to: 4. If you estimate potential burden or DuPont Crop Protection, P.O. Box 30, Public Information and Records costs, explain how you arrived at the Newark, Delaware 19714-0030, Integrity Branch (PIRIB) (7502C), Office estimate that you provide. proposing, pursuant to section 408(d) of of Pesticide Programs (OPP), the FFDCA, 21 U.S.C. 346a(d), to amend 5. Provide specific examples to 40 CFR part 180 by establishing a Environmental Protection Agency, 1200 illustrate your concerns. Pennsylvania Ave., NW., Washington, tolerance for residues of the herbicide, DC 20460–0001, Attention: Docket ID 6. Make sure to submit your terbacil (3-tert-butyl-5-chloro-6- Number OPP–2005–0215. comments by the deadline in this methyluracil) and its metabolites [3-tert- 3. By hand delivery or courier. Deliver notice. butyl-5-chloro-6-hydroxymethyluracil], your comments to: Public Information 7. To ensure proper receipt by EPA, [6-chloro-2,3-dihydro-7-hydroxymethyl and Records Integrity Branch (PIRIB), be sure to identify the docket ID number 3,3-dimethyl-5H-oxazolo(3,2-a) Office of Pesticide Programs (OPP), assigned to this action in the subject pyrimidin-5-one], and [6-chloro-2,3- Environmental Protection Agency, Rm. line on the first page of your response. dihydro-3,3,7-trimethyl-5H-oxazolo(3,2- 119, Crystal Mall #2, 1801 S. Bell St., You may also provide the name, date, a) pyrimidin-5-one] in or on the raw Arlington, VA, Attention: Docket ID and Federal Register citation. agricultural commodity watermelon at Number OPP–2005–0215. Such 1.0 parts per million (ppm). EPA has deliveries are only accepted during the II. What Action is the Agency Taking? determined that the petition contains data or information regarding the docket’s normal hours of operation as EPA has received a pesticide petition identified in Unit I.B.1. elements set forth in section 408(d)(2) of as follows proposing the establishment the FFDCA; however, EPA has not fully D. How Should I Submit CBI to the and/or amendment of regulations for evaluated the sufficiency of the Agency? residues of a certain pesticide chemical submitted data at this time or whether Do not submit information that you in or on various food commodities the data supports granting of the consider to be CBI electronically under section 408 of the Federal Food, petition. Additional data may be needed through EPA’s electronic public docket Drug, and Cosmetic Act (FFDCA), 21 before EPA rules on the petition. This or by e-mail. You may claim U.S.C. 346a. EPA has determined that notice includes a summary of the information that you submit to EPA as this petition contains data or petition that was prepared by DuPont CBI by marking any part or all of that information regarding the elements set Crop Protection. information as CBI (if you submit CBI forth in FFDCA section 408(d)(2); A. Residue Chemistry on disk or CD ROM, mark the outside however, EPA has not fully evaluated of the disk or CD ROM as CBI and then the sufficiency of the submitted data at 1. Plant metabolism. The metabolism identify electronically within the disk or this time or whether the data support and chemical nature of residues of CD ROM the specific information that is granting of the petition. Additional data terbacil in plants and animals are CBI). Information so marked will not be may be needed before EPA rules on the adequately understood. The fate of disclosed except in accordance with petition. terbacil has been extensively studied procedures set forth in 40 CFR part 2. List of Subjects using radioactive tracers in plant and In addition to one complete version of animal metabolism/nature of the residue the comment that includes any Environmental protection, studies. information claimed as CBI, a copy of Agricultural commodities, Feed 2. Analytical method. There is a the comment that does not contain the additives, Food additives, Pesticides practical analytical method utilizing information claimed as CBI must be and pests, Reporting and recordkeeping microcoulometric gas chromatography submitted for inclusion in the public requirements. with thermionic or nitrogen

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phosphorous detection available for for reproductive toxicity was equal to or elevated alkaline phosphatase levels. enforcement with a limit of detection greater than 250 ppm (12.5 mg/kg/day). Relative liver weights were also that allows monitoring food with Terbacil has been tested in rats and increased at 2,500 and 10,000 ppm in residues at or above tolerance levels. rabbits for its potential to produce dogs sacrificed at 1 year and 2 years, The limit of detection for the method developmental toxicity. Rats were fed 0, respectively. determined by the lowest standard of 250, 1,250 or 5,000 ppm (equivalent to A 2–year rat study was conducted 0.5 nanogram per microliter (ng/µl) was 0, 12.5, 62.5, or 250 mg/kg/day) of using terbacil 97.4% a.i. administered to 0.05 ppm. terbacil in the diet from days 6 through male and female rats at dietary levels of 3. Magnitude of residues. Crop field 15 of gestation. The developmental 0, 25, 1,500, or 7,500 ppm (approximate trial residue data from a 69– to 94–day NOAEL was 250 ppm (12.5 mg/kg/day); doses for males of 0,0.9, 58, and 308 mg/ preharvest interval (PHI) study show the developmental LOAEL of 1,250 ppm kg/day and for females of 0, 1.4, 83/484 that the proposed tolerance in or on (62.5 mg/kg/day) was based upon mg/kg/day). The systemic NOAEL is 25 watermelon at 1.0 ppm will not be significantly decreased numbers of live ppm and the LOAEL is 1,500 ppm based exceeded when DuPont Sinbar (trade fetuses per litter, apparently due to fetal on liver weight and centrilobular name) herbicide is used as directed. loss occurring before or near the time of hypertrophy. The study was conducted implantation. The maternal NOAEL was at adequate dosages as demonstrated by B. Toxicological Profile 250 ppm (12.5 mg/kg/day), based on the decrement in body weight gain in 1. Acute toxicity. Terbacil technical decreased body weight at 1,250 ppm both sexes. There was no evidence of has been placed in EPA Toxicity (62.5 mg/kg/day). Teratogenicity in increased tumor incidence in the treated Category III for acute oral toxicity (rat pregnant rats was not demonstrated. animals when compared to the controls. lethal dose (LD50) 934 milligram/ Rabbits were given doses of terbacil of Terbacil has been tested in a chronic kilogram (mg/kg) in female rats; 1,255 0, 30, 200, or 600 mg/kg/day by gavage, 2–year feeding/oncogenicity study in mg/kg in male rats); Category IV for on gestation days 7 through 19. The mice at doses of 0, 50, 1,250, or 5,000/ acute inhalation lethal concentration maternal NOAEL was 200 mg/kg/day, 7,500 ppm (equivalent to 7, 179, 714/ (LC50) >4.4 milligrams per liter (mg/L) based on maternal deaths (5 died and 2 1,071 mg/kg/day). The increase in dose in rats); Category IV for acute dermal were sacrificed in extremis) at the occurred after week 54. A systemic (rabbit LD50 >5,000 mg/kg); and LOAEL of 600 mg/kg/day. The NOAEL of 50 ppm is based on the Category III for primary eye irritation developmental NOAEL was also 200 LOAEL of 1,250 ppm that resulted in (mild conjunctival effects clearing in 72 mg/kg/day based on decreased live fetal mild hypertrophy of the centrilobular hours in rabbits). Although a primary weights in the high dose group. hepatocytes and decreased pituitary dermal irritation study is not available Teratogenicity in pregnant rabbits was weights in males. Pituitary weight was on terbacil technical, the Agency not demonstrated. also decreased in high-dose females. indicated to the Registrant that if no 4. Subchronic toxicity. Subchronic There was an increased incidence of dermal irritation was observed in a 21– oral toxicity was tested in a 90–day lung neoplasms (adenomas and day sub-chronic dermal study, then the feeding study in rats. A NOAEL of 100 adenocarcinomas) in all treated male requirements for the primary dermal ppm (equivalent to 5 mg/kg/day) and a mice, which was not dose-related; in irritation study would be satisfied. No LOAEL of 500 ppm, equivalent to 25 addition, these tumors were within the dermal irritation was reported in that mg/kg/day highest dose tested (HDT) range of similar tumors observed in study. A dermal sensitization test on were established, based on increased historical control mice. terbacil in guinea pigs showed no absolute and relative liver weights, 6. Animal metabolism. Radiolabeled dermal sensitization. vacuolization and hypertrophy of terbacil was tested in rats in single 2. Genotoxicity. Terbacil technical hepatocytes. The data requirement for doses of 6.5 or 500 mg/kg; 97-103% of was tested and found negative in a subchronic oral toxicity in a nonrodent radioactivity was recovered within 5 Chinese hamster ovary (CHO) was satisfied by a 2–year feeding study days: 70-86% in urine, and 28% in Hypoxanthine guanine phophoribosyl in beagle dogs, in which a NOAEL of 50 feces. The major metabolites were transferase (HGPRT) gene mutation ppm (equivalent to 1.25 mg/kg/day) and glucuronide, sulfate, and N- assay when tested up to cytotoxic levels, a LOAEL of 250 ppm (equivalent to 7.2 acetylcysteine conjugates. The primary with and without S-9 activation mg/kg/day) were established, based on metabolic pathway is hydroxylation of (cytotoxicity >3.0 micromolar (mM) increased thyroid to body weight ratios, the 6-methyl group to form the alcohol, without activation; >2.75 mM with slight increase in liver weights, and which is conjugated to form the activation). Terbacil technical was also elevated alkaline phosphatase levels. glucuronide (35% of the dose) and the negative for unscheduled DNA Subchronic dermal toxicity was tested sulfate derivatives (11%). Terbacil is synthesis when tested up to cytotoxic in a 21–day study in rabbits. Terbacil also metabolized to the 5-hydroxy levels (5 mM) in the rat. It was also (80% active ingredient (a.i.)) was intermediate, which is further negative for clastogenicity in a applied to prepared skin of male and conjugated to form a sulfate derivative chromosomal aberration study in rat female rabbits at 5,000 mg/kg/day, 5 (17%). bone marrow cells, at doses up to 500 hours/day, 5 days/week. No systemic 7. Metabolite toxicology. The parent mg/kg. toxicity was observed; mild scaling and molecule is the only moiety of 3. Reproductive and developmental staining were reported at the test sites. toxicological significance appropriate toxicity. Terbacil was tested in male and 5. Chronic toxicity. Terbacil 80% a.i. for regulation in plant and animal female rats at control and dietary levels was administered to beagle dogs (4/sex/ commodities. of 50 or 250 ppm (equivalent to 2.5 or group) in the diet for 2 years, at doses 8. Endocrine disruption. No observed 12.5 mg/kg/day, over three generations. of 50, 250, or 2,500/10,000 ppm effects reported. The first litter of each generation was (equivalent to 1.25, 6.25, 62.5/250 mg/ discarded, and the second litter bred to kg/day). The NOAEL was 50 ppm (1.25 C. Aggregate Exposure produce the next generation. No mg/kg/day) and the LOAEL was 250 1. Dietary exposure—i. Food. reproductive effects were seen at the ppm (6.25 mg/kg/day) based on Tolerances have been established for the highest dose tested. Therefore, the no increased thyroid to body weight ratios, residues of terbacil in or on a variety of observed adverse effect level (NOAEL) slight increase in liver weights, and agricultural commodities. For purposes

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of assessing dietary exposure, chronic 2 years old with an acute dietary ranges. Because of the conservative and acute dietary assessments have been exposure (at the 95th percentile) of nature of the screening level dietary conducted using all existing and 0.015641 mg/kg bwt/day(12.5% aRfD). assessments performed, and the fact that pending tolerances for terbacil. To These results of Tier 1 (screening) actual ground water monitoring data, estimate acute dietary risk, the endpoint assessments support the registrant’s although limited, are not showing large selected was based on a rat development view that there is reasonable certainty of amounts of terbacil present, DuPont toxicity study in which the maternal no harm from the use of this product as does not believe that drinking water and fetal NOAEL were 12.5 mg/kg/day. labeled/proposed. sources of terbacil are of concern. The reference dose (RfD) for systemic Terbacil is classified as a Group E 2. Non-dietary exposure. Terbacil is toxicity was determined for terbacil as carcinogen—no evidence of not registered for any use that could 0.013 mg/kg/day, by the Agency’s RfD carcinogenicity in either rats or mice. result in non-occupational, non-dietary committee in 1986. The RfD was Therefore, a carcinogenicity risk exposure to the general population. calculated from a 2–year feeding study analysis for humans is not required. Alfalfa feed commodities were not in dogs in which the NOAEL was 1.25 ii. Drinking water. Other potential included in the assessment because they mg/kg/day (based on increased relative dietary sources of exposure of the are not consumed by humans. liver weights and increased serum general population to pesticides are D. Cumulative Effects alkaline phosphatase, seen at 7.25 mg/ residues in drinking water. kg/day), and an uncertainty factor of For acute drinking water risk, the Section 408(b)(2)(D)(v) requires that, 100. The RfD of 0.013 mg/kg/day was Drinking Water Levels of Concern when considering whether to establish, reaffirmed by the Agency’s RfD (DWLOCs) were calculated using an modify, or revoke a tolerance, the Committee on September 1, 1994. aRfD (acute) endpoint of 0.125 mg/kg Agency considers ‘‘available A Tier 1 (screening) assessment was and compared to surface water or information’’ concerning the cumulative conducted by DuPont; tolerance values, ground water EEC (estimated effects of a particular pesticide’s indicated below, were used in the environmental concentration) values of residues and ‘‘other substances that assessment with no adjustments for 0.154 ppm and 0.125 ppm, respectively. have a common mechanism of toxicity.’’ processing or usage. (Alfalfa feed The DWLOC values are as follows: For most pesticides, although the commodities are not included in the Agency has some information in its files assessment because they are not DWLOC that may turn out to be helpful in consumed by humans.) Population Subgroups Values eventually determining whether a (ppm) pesticide shares a common mechanism of toxicity with any other substances, Commodity Tolerance (ppm) U.S. Population 4.3 EPA does not at this time have the Non-Nursing Infants 1.1 methodologies to resolve the complex Apple 0.3 scientific issues concerning common Asparagus 0.4 Children 1-6 Years 1.1 mechanism of toxicity in a meaningful way. EPA has begun a pilot process to Blueberry 0.2 Children 7-12 Years 1.2 study this issue further through the examination of particular classes of Caneberry Crop Subgroup Females 13+ Nursing 3.6 pesticides. The Agency hopes that the 13B 0.2 Males 13-19 Years 4.3 results of this pilot process will increase Peach 0.2 the Agency’s scientific understanding of Seniors 55+ 4.3 this question such that EPA will be able Peppermint 2.0 to develop and apply scientific For chronic drinking water risk, the principles for better determining which Spearmint 2.0 DWLOCs were calculated using a cRfD chemicals have a common mechanism (chronic) endpoint of 0.013 mg/kg and of toxicity and evaluating the Strawberry 0.1 compared to surface water or ground cumulative effects of such chemicals. Sugarcane 0.4 water EEC values of 0.105 ppm and The Agency anticipates, however, that 0.0089 ppm, respectively. The DWLOC even as its understanding of the science Watermelon 1.0 values are as follows: of common mechanisms increases, (proposed) decisions on specific classes of DWLOC chemicals will be heavily dependent on The chronic risk values were Population Subgroups Values chemical specific data, much of which calculated with a chronic reference dose (ppm) may not be presently available. (cRfD) of 0.013 mg/kg body weight U.S. Population 0.43 In assessing the potential risk from (bwt)/day. The chronic dietary exposure cumulative effects of terbacil and other for the U.S. population was 0.000725 Non-Nursing Infants 0.10 chemical substances, the Agency has mg/kg bwt/day (5.6% of the cRfD). The considered structural similarities that most sensitive subpopulation was Children 1-6 years 0.10 exist between terbacil and other children 1-6 years old with a chronic substituted uracil compounds such as dietary exposure of 0.002991 mg/kg Children 7-12 Years 0.12 bromacil and lenacil. bwt/day (23.0% of the cRfD). Females 13+ Nursing 0.36 A comparison of the available The acute risk values were calculated toxicological database for terbacil and with an acute reference dose (aRfD) of Males 13-19 years 0.43 bromacil revealed no clear common 0.125 mg/kg bwt/day. The acute dietary mode of toxicity for these chemicals. exposure (at the 95th percentile) for the Seniors 55+ 0.44 The toxicology database for lenacil was U.S. population was 0.003071 mg/kg not considered because there are bwt/day (2.5% of aRfD). The most The estimated environmental currently no registered uses of lenacil. A sensitive subpopulation was children 1- concentrations are within acceptable summary of the most prominent clinical

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signs from terbacil and bromacil other chemicals with similar EPA considered the completeness of the follows. mechanism of toxicity. database for developmental and The following clinical signs were Since there are no residential or lawn reproductive effects, the nature of the observed in the terbacil toxicology uses of terbacil, no dermal or inhalation effects observed, and other information. database: Decrease in body weight, exposure is expected in and around the Based on current data requirements, increase in liver weights, vacuolization home. terbacil has a complete database for and hypertrophy of hepatocytes, In assessing acute dietary risk from developmental and reproductive hypertrophy of centrilobular food, the endpoint selected was toxicity. Because the developmental hepatocytes in males, decreased developmental toxicity. Because the NOAELs were the same as those for pituitary weights in males and females, endpoint of concern is a developmental maternal toxicity, and the NOAEL for increase in thyroid/body weight ratio, effect, the only sub-population of systemic (parental) toxicity was higher and elevated alkaline phosphatase. concern is females of child-bearing age than the NOAEL for reproductive The following clinical signs were (i.e., females, 13+ years old). toxicity, DuPont believes that these data The acute risk values were calculated observed in the bromacil toxicology do not suggest an increased pre- or post- by DuPont with an aRfD of 0.125 mg/kg database: Decreased body weight, focal natal sensitivity of children and infants bwt/day. The acute dietary exposure (at atrophy of seminiferous tubules to terbacil exposure. Therefore, DuPont the 95th percentile) for the U.S. (testicular abnormalities), concludes that the available toxicology population was 0.003071 mg/kg bwt/ hydronephrosis, suggestive histological data do not support an uncertainty day (2.5% of aRfD). The most sensitive evidence for antithyroid activity (cystic factor of 1,000 as specified in FQPA and subpopulation was children 1-2 years follicles in the thyroid and enlargement that the present uncertainty factor of old with an acute dietary exposure (at of centrilobular cells of the liver), and 100 is adequate to ensure the protection the 95th percentile) of 0.015641 mg/kg of infants and children from exposure to a positive trend in thyroid tumors for bwt/day (12.5% aRfD). male rats (basis of C classification for terbacil. The chronic risk values were It is estimated by DuPont that terbacil carcinogenicity). calculated by DuPont with a cRfD of exposure from the chronic diet is as Based on these data, DuPont 0.013 mg/kg bwt/day. The chronic follows: All infants less than 1 year— concludes that there is no clear common dietary exposure for the U.S. population 18% of the cRfD; Nursing infants—9.7% mode of toxicity (thyroid or liver) was 0.000725 mg/kg bwt/day (5.6% of of the cRfD; Non-nursing infants— between terbacil and bromacil. With the cRfD). The most sensitive 21.2% of the cRfD; Children 1-6 years— both chemicals, there is marginal subpopulation was children 1-6 years 23% of the cRfD. evidence of liver effects (principally old with a chronic dietary exposure of enlargement of centrilobular cells). 0.002991 mg/kg bwt/day (23.0% of the F. International Tolerances Enlargement of liver cells is not a cRfD). There are no established Codex specific enough effect to be considered In evaluating the potential for maximum residue levels (MRL’s) or a common mode of toxicity. The thyroid cumulative effects, EPA compared international tolerances for terbacil on effects observed with bromacil were terbacil with other structurally similar watermelon. cystic follicles. Terbacil induced an substituted uracil compounds, such as [FR Doc. 05–17529 Filed 9–6–05; 8:45 am] increase in relative thyroid weights but bromacil and lenacil, and then with no increase in absolute thyroid weights. other compounds producing similar BILLING CODE 6560–50–S An increase in relative weight without effects. A comparison of the available a corresponding increase in absolute toxicological database for terbacil and ENVIRONMENTAL PROTECTION weight has very little meaning, bromacil revealed no clear common AGENCY especially without any supporting mode of toxicity for the chemicals. The histological or hormonal evidence. This toxicology database for lenacil was not [OPPT–2005–0045; FRL–7735–9] conclusion was based on the marginal considered because there are currently Certain New Chemicals; Receipt and liver effects noted in the databases, and no registered uses of lenacil. Based on Status Information the absence of thyroid effects in the the available data, the Agency has terbacil database (with the exception of determined that there is no clear AGENCY: Environmental Protection increases in relative thyroid weights). common mode of toxicity between Agency (EPA). DuPont has no information indicating terbacil and bromacil. ACTION: Notice. that any other chemical has a common 2. Infants and children. EPA has mode of toxicity with terbacil and, determined that the established SUMMARY: Section 5 of the Toxic therefore concludes that an aggregate tolerances for terbacil meet the safety Substances Control Act (TSCA) requires risk assessment will indicate risks standard under the FQPA amendment to any person who intends to manufacture resulting only from terbacil. section 408(b)(2)(C) for infants and (defined by statute to include import) a children. The safety determination for new chemical (i.e., a chemical not on E. Safety Determination infants and children considers the the TSCA Inventory) to notify EPA and 1. U.S. population. EPA has factors noted above for the general comply with the statutory provisions determined that the established population, but also takes into account pertaining to the manufacture of new tolerances for terbacil meet the safety the possibility of increased dietary chemicals. Under sections 5(d)(2) and standards under the FQPA amendments exposure due to the specific 5(d)(3) of TSCA, EPA is required to to section 408(b)(2)(D) for the general consumption patterns of infants and publish a notice of receipt of a population. In reaching this children, as well as the possibility of premanufacture notice (PMN) or an determination, EPA has considered increased susceptibility to the toxic application for a test marketing available information on aggregate effects of terbacil residues in this exemption (TME), and to publish exposures (both acute and chronic) from population subgroup. periodic status reports on the chemicals non-occupational sources, food and In determining whether or not infants under review and the receipt of notices drinking water, as well as the possibility and children are particularly susceptible of commencement to manufacture those of cumulative effects from terbacil and to toxic effects from terbacil residues, chemicals. This status report, which

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covers the period from July 25, 2005 to 4:30 p.m., Monday through Friday, identifies a comment containing August 12, 2005, consists of the PMNs excluding legal holidays. The EPA copyrighted material, EPA will provide pending or expired, and the notices of Docket Center Reading Room telephone a reference to that material in the commencement to manufacture a new number is (202) 566–1744 and the version of the comment that is placed in chemical that the Agency has received telephone number for the OPPT Docket, EPA’s electronic public docket. The under TSCA section 5 during this time which is located in EPA Docket Center, entire printed comment, including the period. is (202) 566–0280. copyrighted material, will be available DATES: Comments identified by the 2. Electronic access. You may access in the public docket. docket ID number OPPT–2004–0045 this Federal Register document Public comments submitted on and the specific PMN number or TME electronically through the EPA Internet computer disks that are mailed or number, must be received on or before under the ‘‘Federal Register’’ listings at delivered to the docket will be October 7, 2005. http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public An electronic version of the public ADDRESSES: docket. Public comments that are Comments may be docket is available through EPA’s submitted electronically, by mail, or mailed or delivered to the docket will be electronic public docket and comment scanned and placed in EPA’s electronic through hand delivery/courier. Follow system, EPA Dockets. You may use EPA the detailed instructions as provided in public docket. Where practical, physical Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the Unit I. of the SUPPLEMENTARY to submit or view public comments, INFORMATION. photograph will be placed in EPA’s access the index listing of the contents electronic public docket along with a FOR FURTHER INFORMATION CONTACT: of the official public docket, and to brief description written by the docket Colby Lintner, Regulatory Coordinator, access those documents in the public staff. Environmental Assistance Division, docket that are available electronically. Office of Pollution Prevention and Although not all docket materials may C. How and To Whom Do I Submit Toxics (7408M), Environmental be available electronically, you may still Comments? access any of the publicly available Protection Agency, 1200 Pennsylvania You may submit comments docket materials through the docket Ave., NW., Washington, DC 20460– electronically, by mail, or through hand facility identified in Unit I.B.1. Once in 0001; telephone number: (202) 554– delivery/courier. To ensure proper the system, select ‘‘search,’’ then key in 1404; e-mail address: TSCA- receipt by EPA, identify the appropriate [email protected]. the appropriate docket ID number. Certain types of information will not docket ID number and specific PMN SUPPLEMENTARY INFORMATION: be placed in the EPA Dockets. number or TME number in the subject I. General Information Information claimed as CBI and other line on the first page of your comment. information whose disclosure is Please ensure that your comments are A. Does this Action Apply to Me? restricted by statute, which is not submitted within the specified comment This action is directed to the public included in the official public docket, period. Comments received after the in general. As such, the Agency has not will not be available for public viewing close of the comment period will be attempted to describe the specific in EPA’s electronic public docket. EPA’s marked ‘‘late.’’ EPA is not required to entities that this action may apply to. policy is that copyrighted material will consider these late comments. If you Although others may be affected, this not be placed in EPA’s electronic public wish to submit CBI or information that action applies directly to the submitter docket but will be available only in is otherwise protected by statute, please of the premanufacture notices addressed printed, paper form in the official public follow the instructions in Unit I.D. Do in the action. If you have any questions docket. To the extent feasible, publicly not use EPA Dockets or e-mail to submit regarding the applicability of this action available docket materials will be made CBI or information protected by statute. to a particular entity, consult the person available in EPA’s electronic public 1. Electronically. If you submit an listed under FOR FURTHER INFORMATION docket. When a document is selected electronic comment as prescribed in this CONTACT. from the index list in EPA Dockets, the unit, EPA recommends that you include system will identify whether the your name, mailing address, and an e- B. How Can I Get Copies of this document is available for viewing in mail address or other contact Document and Other Related EPA’s electronic public docket. information in the body of your Information? Although not all docket materials may comment. Also include this contact 1. Docket. EPA has established an be available electronically, you may still information on the outside of any disk official public docket for this action access any of the publicly available or CD ROM you submit, and in any under docket identification (ID) number docket materials through the docket cover letter accompanying the disk or OPPT–2004–0045. The official public facility identified in Unit I.B.1. EPA CD ROM. This ensures that you can be docket consists of the documents intends to work towards providing identified as the submitter of the specifically referenced in this action, electronic access to all of the publicly comment and allows EPA to contact you any public comments received, and available docket materials through in case EPA cannot read your comment other information related to this action. EPA’s electronic public docket. due to technical difficulties or needs Although a part of the official docket, For public commenters, it is further information on the substance of the public docket does not include important to note that EPA’s policy is your comment. EPA’s policy is that EPA Confidential Business Information (CBI) that public comments, whether will not edit your comment, and any or other information whose disclosure is submitted electronically or in paper, identifying or contact information restricted by statute. The official public will be made available for public provided in the body of a comment will docket is the collection of materials that viewing in EPA’s electronic public be included as part of the comment that is available for public viewing at the docket as EPA receives them and is placed in the official public docket, EPA Docket Center, Rm. B102-Reading without change, unless the comment and made available in EPA’s electronic Room, EPA West, 1301 Constitution contains copyrighted material, CBI, or public docket. If EPA cannot read your Ave., NW., Washington, DC. The EPA other information whose disclosure is comment due to technical difficulties Docket Center is open from 8:30 a.m. to restricted by statute. When EPA and cannot contact you for clarification,

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EPA may not be able to consider your holidays. The telephone number for the 7. Make sure to submit your comment. DCO is (202) 564–8930. comments by the deadline in this document. i. EPA Dockets. Your use of EPA’s D. How Should I Submit CBI to the 8. To ensure proper receipt by EPA, electronic public docket to submit Agency? comments to EPA electronically is be sure to identify the docket ID number EPA’s preferred method for receiving Do not submit information that you assigned to this action and the specific comments. Go directly to EPA Dockets consider to be CBI electronically PMN number you are commenting on in at http://www.epa.gov/edocket/, and through EPA’s electronic public docket the subject line on the first page of your follow the online instructions for or by e-mail. You may claim response. You may also provide the submitting comments. Once in the information that you submit to EPA as name, date, and Federal Register system, select ‘‘search,’’ and then key in CBI by marking any part or all of that citation. information as CBI (if you submit CBI docket ID number OPPT–2004–0045. II. Why is EPA Taking this Action? The system is an ‘‘anonymous access’’ on disk or CD ROM, mark the outside system, which means EPA will not of the disk or CD ROM as CBI and then Section 5 of TSCA requires any know your identity, e-mail address, or identify electronically within the disk or person who intends to manufacture other contact information unless you CD ROM the specific information that is (defined by statute to include import) a provide it in the body of your comment. CBI). Information so marked will not be new chemical (i.e., a chemical not on ii. E-mail. Comments may be sent by disclosed except in accordance with the TSCA Inventory to notify EPA and e-mail to [email protected], Attention: procedures set forth in 40 CFR part 2. comply with the statutory provisions Docket ID Number OPPT–2004–0045 In addition to one complete version of pertaining to the manufacture of new and PMN Number or TME Number. In the comment that includes any chemicals. Under sections 5(d)(2) and contrast to EPA’s electronic public information claimed as CBI, a copy of 5(d)(3) of TSCA, EPA is required to docket, EPA’s e-mail system is not an the comment that does not contain the publish a notice of receipt of a PMN or ‘‘anonymous access’’ system. If you information claimed as CBI must be an application for a TME and to publish send an e-mail comment directly to the submitted for inclusion in the public periodic status reports on the chemicals docket without going through EPA’s docket and EPA’s electronic public under review and the receipt of notices electronic public docket, EPA’s e-mail docket. If you submit the copy that does of commencement to manufacture those system automatically captures your e- not contain CBI on disk or CD ROM, chemicals. This status report, which mail address. E-mail addresses that are mark the outside of the disk or CD ROM covers the period from July 25, 2005 to automatically captured by EPA’s e-mail clearly that it does not contain CBI. August 12, 2005, consists of the PMNs system are included as part of the Information not marked as CBI will be pending or expired, and the notices of comment that is placed in the official included in the public docket and EPA’s commencement to manufacture a new public docket, and made available in electronic public docket without prior chemical that the Agency has received EPA’s electronic public docket. notice. If you have any questions about under TSCA section 5 during this time period. iii. Disk or CD ROM. You may submit CBI or the procedures for claiming CBI, comments on a disk or CD ROM that please consult the technical person III. Receipt and Status Report for PMNs you mail to the mailing address listed under FOR FURTHER INFORMATION CONTACT. This status report identifies the PMNs identified in Unit I.C.2. These electronic both pending or expired, and the notices submissions will be accepted in E. What Should I Consider as I Prepare of commencement to manufacture a new WordPerfect or ASCII file format. Avoid My Comments for EPA? chemical that the Agency has received the use of special characters and any under TSCA section 5 during this time form of encryption. You may find the following suggestions helpful for preparing your period. If you are interested in 2. By mail. Send your comments to: comments: information that is not included in the Document Control Office (7407M), following tables, you may contact EPA 1. Explain your views as clearly as Office of Pollution Prevention and as described in Unit II. to access possible. Toxics (OPPT), Environmental additional non-CBI information that Protection Agency, 1200 Pennsylvania 2. Describe any assumptions that you may be available. Ave., NW., Washington, DC 20460– used. In Table I of this unit, EPA provides 0001. 3. Provide copies of any technical the following information (to the extent 3. By hand delivery or courier. Deliver information and/or data you used that that such information is not claimed as your comments to: OPPT Document support your views. CBI) on the PMNs received by EPA Control Office (DCO) in EPA East Bldg., 4. If you estimate potential burden or during this period: the EPA case number Rm. 6428, 1201 Constitution Ave., NW., costs, explain how you arrived at the assigned to the PMN; the date the PMN Washington, DC. Attention: Docket ID estimate that you provide. was received by EPA; the projected end Number OPPT–2004–0045 and PMN 5. Provide specific examples to date for EPA’s review of the PMN; the Number or TME Number. The DCO is illustrate your concerns. submitting manufacturer; the potential open from 8 a.m. to 4 p.m., Monday 6. Offer alternative ways to improve uses identified by the manufacturer in through Friday, excluding legal the notice or collection activity. the PMN; and the chemical identity.

I. 27 PREMANUFACTURE NOTICES RECEIVED FROM: 07/25/05 TO 08/12/05

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–05–0700 07/26/05 10/23/05 Wacker Chemical Cor- (S) Crosslinker for silane-terminated (S) Cyclohexanamine, n- poration polymers [(diethoxymethylsilyl)methyl]-

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I. 27 PREMANUFACTURE NOTICES RECEIVED FROM: 07/25/05 TO 08/12/05—Continued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–05–0701 07/28/05 10/25/05 CBI (G) Colourant (G) Sulphonated azo dye P–05–0702 07/28/05 10/25/05 CBI (G) Colourant (G) Sulphonated azo dye P–05–0703 07/29/05 10/26/05 Cytec Surface Special- (G) Resin coating (G) 1,4-benzenedicarboxylic acid, ties Inc. polymer with alkenedioic acid, alkyl diols, and, 2-hydroxy-3-[(2-methyl- 1-oxo-2-propenyl)oxy]propyl ester P–05–0704 07/29/05 10/26/05 CBI (G) Adhesive (G) Silylated urethane resin P–05–0705 07/29/05 10/26/05 CBI (G) Adhesive (G) Silylated urethane resin P–05–0706 08/02/05 10/30/05 BASF Corporation (S) Component for pur shoe soling (G) Isocyanate prepolymer P–05–0707 08/02/05 10/30/05 CBI (G) Viscosity enhancer for water-solu- (G) Halogenated n,n,n-trialkyl- ble polymers alkylamminium, n- aminocarbonylalkenyl P–05–0708 08/03/05 10/31/05 Daicolor USA, Inc. (G) Additive for colorants used in inks (G) Anthraquinone derivatives and coatings P–05–0709 08/03/05 10/31/05 Daicolor USA, Inc. (G) Additive to improve dispersibility (G) Quinacridone derivative and rheology of pigments used in inks and paints P–05–0710 08/04/05 11/01/05 CBI (G) Acid inhibitor (G) Complex keto-amine P–05–0711 08/04/05 11/01/05 CBI (G) Matting agent for paint/film coat- (G) Methylmethacrylate-styrene cross- ing linked polymer P–05–0712 08/04/05 11/01/05 CBI (G) Matting agent for paint/film coat- (G) Methylmethacrylate-styrene cross- ing linked polymer P–05–0713 08/05/05 11/02/05 Hercules Incorporated (G) Papermaking chemical (G) Alkyl ester P–05–0714 08/08/05 11/05/05 Elementis Specialities, (G) Rheological additive (G) Polyether ester acid compound Inc. with a polyamine amide P–05–0715 08/09/05 11/06/05 Royal Adhesives and (S) Resin for adhesion promotion (G) Polysulfide adduct Sealants, LLC P–05–0716 08/10/05 11/07/05 CBI (S) Organic salt for dissolving inor- (G) Urea, salt ganic soils P–05–0717 08/10/05 11/07/05 Ethox Chemicals, LLC (G) dispersing agent (S) Poly(oxy-1,2-ethanediyl),.alpha.- (3a,4,5,6,7,7a-hexahydro-4,7- methano-1h-indene-5-yl)-.omega.- hydroxy- P–05–0718 08/10/05 11/07/05 Ethox Chemicals, LLC (G) dispersing agent (S) Oxirane, methyl-, polymer with oxirane, mono(3a,4,5,6,7,7a- hexahydro-4,7-methano-1h-inden-5- yl) ether P–05–0719 08/10/05 11/07/05 CBI (G) Adhesive / sealant component (G) Polymer of carbomonocyclic diisocyanate, a modified polyalkene, hydroxyalkane and a substituted alkoxysilane. P–05–0720 08/11/05 11/08/05 CBI (G) Inks and coatings additive (G) Siloxanes and silicones, di-me, hydroxy alkyl me, me (oxabicyclo alkyl), alkoxylated P–05–0721 08/11/05 11/08/05 CBI (G) Laminate resin (G) Formaldehyde,polymer with amines and phenol P–05–0722 08/11/05 11/08/05 CBI (G) Step 1 black pigment intermediate (G) Carbon black, hydroxy-and 4-[[2- (sulfooxy)ethyl]substituted]phenyl- modified, sodium salt P–05–0723 08/11/05 11/08/05 CBI (G) Step 1 cyan pigment intermediate (G) Copper, [29h, 31h- phthalocyaninato(2-)-.kappa.n29, .kappa.n30, .kappa.n31, .kappa.n32]-,4-[[2- (sulfooxy)ethyl]substituted]phenyl derivs., sodium salts. P–05–0724 08/11/05 11/08/05 CBI (G) Step 1 magenta pigment inter- (G) Quino[2,3-b]acridine-7,14-dione, mediate 5,12-dihydro-2,9-dimethyl-, 4-[[2- (sulfooxy)ethyl]substituted]phenyl derivs., sodium salts. P–05–0725 08/11/05 11/08/05 CBI (G) Step 1 yellow pigment inter- (G) Butanamide, 2-[(2-methoxy-4- mediate nitrophenyl)azo]-n-(2- methoxyphenyl)-3-oxo-,4-[[2- (sulfooxy)ethyl]substituted]phenyl derivs., sodium salts. P–05–0726 08/12/05 11/09/05 CBI (G) Coating binder (G) Acrylic polymer P–05–0727 08/12/05 11/09/05 Wacker Chemical Cor- (S) Crosslinker; water scavenger (S) Carbamic acid, poration [(dimethoxymethylsilyl)methyl]-, methyl ester

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I. 27 PREMANUFACTURE NOTICES RECEIVED FROM: 07/25/05 TO 08/12/05—Continued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–05–0728 08/12/05 11/09/05 CIBA Specialty Chemi- (S) Exhaust application to cotton fab- (G) Naphthalenesulfonic acid azo cals Corporation rics substituted phenyl amino sub- stituted triazine amino alkyl bis salt compound P–05–0729 08/12/05 11/09/05 CBI (G) Laminating adhesive (G) Acetoacetate ester

In Table II of this unit, EPA provides CBI) on the Notices of Commencement the following information (to the extent to manufacture received: that such information is not claimed as

II. 15 NOTICES OF COMMENCEMENT FROM: 07/25/05 TO 08/12/05

Commencement Case No. Received Date Notice End Date Chemical

P–04–0398 08/01/05 07/07/05 (G) Mdi based polyurethane polymer P–05–0028 08/01/05 06/27/05 (G) Substituted pyrimidinetrione P–05–0051 07/25/05 07/11/05 (G) Polyester-polyurethane resin P–05–0350 07/27/05 06/13/05 (G) Polyester resin P–05–0367 08/03/05 07/08/05 (G) Mixed metal oxide complex P–05–0427 07/27/05 07/01/05 (G) Polyketone oligomer P–05–0466 07/28/05 07/18/05 (G) Alkyl-substituted indanone P–05–0493 07/25/05 07/12/05 (S) Hexanedioic acid, polymer with 2,2-dimethyl-1,3-propanediol, 2-ethyl-2- (hydroxymethyl)-1,3-propanediol, 2,5-furandione, hexahydro-1,3- isobenzofurandione and 1,2-propanediol, 2-ethylhexyl ester P–04–0865 07/29/05 06/22/05 (S) Aluminum oxide (a1203), manufacturing residues, red mud P–04–0865 07/29/05 06/22/05 (S) Aluminum oxide (a1203), manufacturing residues, red mud, neutralized, cal- cium and magnesium-contg. P–05–0200 08/11/05 07/18/05 (G) Aminophosphonic acid polyalkylene oxide salt P–05–0269 08/10/05 06/30/05 (G) Polyethanolamine diester with fatty acids dialkyl sulfate salts P–05–0448 08/03/05 07/14/05 (G) Epoxidized soya oil reaction products with aqueous alcohol P–05–0456 08/12/05 08/09/05 (G) Poly alkyl methacrylates, hydroxyalkyl methacrylate, alkyl acrylate, keto- functional alkylmethacrylate, vinyl hetercyclic monomer, reaction product with heterocyclic functional amine. P–05–0506 08/09/05 08/04/05 (G) Polyether-carbonateurethane and polyurea copolymer

List of Subjects ACTION: Final Notice of reissuance of Comments was prepared for each Environmental protection, Chemicals, two general permits. general permit. EPA has determined that each facility submitting a new Notice of Premanufacturer notices. SUMMARY: Two GPs regulating the Intent (NOI) prior to the expiration date activities of mechanical placer mining Dated: August 26, 2005. of the current permit will be and suction dredge mining for gold automatically covered by the re-issued Pamela M. Moseley, placer mining operations in the state of GP. Acting Director, Information Management Alaska expire on October 3, 2005. On Division, Office of Pollution Prevention and April 21, 2005, EPA proposed to reissue DATES: The GPs will be effective October Toxics. these two GPs. There was a 45 day 7, 2005. Since coverage between the [FR Doc. 05–17718 Filed 9–6–05; 8:45 am] comment period. current GPs and the reissued GPs is BILLING CODE 6560–50–S During the comment period, EPA continuous, there is no administrative received comments on the mechanical extension of coverage under these GPs. GP regarding coverage area prohibitions ENVIRONMENTAL PROTECTION and metals limitations. The GP remains ADDRESSES: Copies of the GPs and AGENCY the same as the current GP. Responses to Comments are available EPA received similar comments as upon request. Written requests may be [FRL–7965–2] those described above for the medium- submitted to EPA, Region 10, 1200 Sixth Final Reissuance of General NPDES size suction dredge GP as well as Avenue OWW–130, Seattle, WA 98101. Permits (GP) for Alaskan Mechanical concern about Endangered Species and Electronic requests may be mailed to: Placer Mining (Permit Number AKG– the interpretation of a Best Management [email protected] or 37–0000) and Alaskan Medium-Size Practice (BMP). The general permit [email protected]. Suction Dredging (Permit Number contains new language on the FOR FURTHER INFORMATION CONTACT: AKG–37–1000) possibility of requiring an individual The permit in areas of concern for GPs, Fact Sheets and Response to AGENCY: Environmental Protection Endangered Species and a part of a BMP Comments may be found on the Region Agency, Region 10. has been removed. A Response to 10 Web site at www.epa.gov/r10earth/

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offices/water.htm under the NPDES FEDERAL COMMUNICATIONS Title: Reallocation and Service Rules Permits section. COMMISSION for the 698–746 MHz Band (Television Requests by telephone may be made Channels 52–59). Notice of Public Information to Audrey Washington at (206) 553– Form No.: N/A. Collection(s) Being Reviewed by the Type of Review: Extension of a 0523 or to Cindi Godsey at (907) 271– Federal Communications Commission 6561. currently approved collection. for Extension Under Delegated Respondents: Business or other for- SUPPLEMENTARY INFORMATION: Authority profit and state, local or tribal government. Executive Order 12866 September 1, 2005. Number of Respondents: 715. SUMMARY: The Federal Communications Estimated Time Per Response: .50 The Office of Management and Budget Commission, as part of its continuing hours. has exempted this action from the effort to reduce paperwork burden review requirements of Executive Order invites the general public and other Frequency of Response: On occasion 12866 pursuant to Section 6 of that Federal agencies to take this reporting requirement, recordkeeping order. opportunity to comment on the requirement and third party disclosure following information collection(s), as requirement. The state of Alaska, Department of Total Annual Burden: 358 hours. Environmental Conservation (ADEC), required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104–13. Total Annual Cost: N/A. has certified that the subject discharges Privacy Act Impact Assessment: N/A. comply with the applicable provisions An agency may not conduct or sponsor a collection of information unless it Needs and Uses: The Commission of Sections 208(e), 301, 302, 306 and adopted allocation and service rules for 307 of the Clean Water Act. displays a currently valid control number. No person shall be subject to the 698–746 MHz spectrum band which The state of Alaska, Department of any penalty for failing to comply with is being reallocated pursuant to Natural Resources, Office of Project a collection of information subject to the statutory requirements. The Management and Permitting, Alaska Paperwork Reduction Act that does not Commission took this action to support Coastal Management Program (ACMP) display a valid control number. the development of new services in the determined that the GPs did not require Comments are requested concerning (a) lower 700 MHz band, and to protect a new ACMP review. whether the proposed collection of existing television operations that will information is necessary for the proper occupy the band throughout the Regulatory Flexibility Act performance of the functions of the transition to digital television. Commission, including whether the Section 27.50(c)(5) provides that Under the Regulatory Flexibility Act licensees intending to operate a base or (RFA), 5 U.S.C. 601 et seq., a Federal information shall have practical utility; (b) the accuracy of the Commission’s fixed station at a power level greater agency must prepare an initial than 1 kW ERP must provide advanced regulatory flexibility analysis ‘‘for any burden estimate; (c) ways to enhance the quality, utility, and clarity of the notice of such operation to the proposed rule’’ for which the agency ‘‘is Commission and to licensees authorized required by section 553 of the information collected; and (d) ways to minimize the burden of the collection of in their area of operation. Licensees that Administrative Procedure Act (APA), or information on the respondents, must be notified are all licensees any other law, to publish general notice including the use of automated authorized under this part to operate a of proposed rulemaking.’’ The RFA collection techniques or other forms of base or fixed station on an adjacent exempts from this requirement any rule information technology. spectrum block at a location within 75 that the issuing agency certifies ‘‘will km of the base or fixed station operating DATES: Written Paperwork Reduction not, if promulgated, have a significant at a power level greater than 1 kW ERP. Act (PRA) comments should be Notices must provide the location and economic impact on a substantial submitted on or before November 7, operating parameters of the base or fixed number of small entities.’’ EPA has 2005. If you anticipate that you will be station operating at a power level greater concluded that NPDES general permits submitting comments, but find it than 1 kW ERP, including the station’s are permits, not rulemakings, under the difficult to do so within the period of ERP, antenna coordinates, antenna APA and thus not subject to APA time allowed by this notice, you should height above ground, and vertical rulemaking requirements or the RFA. advise the contact listed below as soon antenna pattern, and such notices must Notwithstanding that general permits as possible. are not subject to the RFA, EPA has be provided at least 90 days prior to the ADDRESSES: You may submit your commencement of station operation. determined that these general permits, Paperwork Reduction Act (PRA) as issued, will not have a significant The information will be used to aid the comments by email or U.S. postal mail. Commission in reclaiming and economic impact on a substantial To submit your comments by e-mail reallocating the lower 700 MHz band number of small entities. send them to: [email protected]. To submit currently used for TV channels 52–59 Dated: August 23, 2005. your comments by U.S. mail, mark it to for new commercial services as part of Robert R. Robichaud, the attention of Judith B. Herman, the Commission’s transition of TV Federal Communications Commission, broadcasting from analog to digital Associate Director, Office of Water & 445 12th Street, SW., Room 1–C804, Watersheds, Region 10, U.S. Environmental transmission systems, while retaining Washington, DC 20554. Protection Agency. the existing broadcast allocation. [FR Doc. 05–17719 Filed 9–6–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: For Further, the service rules have been additional information about the designed to promote the development BILLING CODE 6560–50–P information collection(s) send an e-mail and rapid deployment of new to [email protected] or contact Judith B. technologies, products, and services for Herman at 202–418–0214. the benefit of the public; to promote SUPPLEMENTARY INFORMATION: economic opportunity and competition; OMB Control No.: 3060–1008. and to create the efficient and intensive

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use of the spectrum by promoting the Copy—Not an Original.’’ Each diskette general public at any time through the objectives identified in 47 CFR 309(j). should contain only one party’s Web site. • Federal Communications Commission. pleadings, preferable in a single Paper Filers: Parties who choose to file by paper must file an original and Marlene H. Dortch, electronic file. In addition, commenters must send diskette copies to the four copies of each filing. If more than Secretary. Commission’s contractor at Portals II, one docket or rulemaking number [FR Doc. 05–17797 Filed 9–6–05; 8:45 am] 445 12th Street, SW., Room CY–B402, appears in the caption of this BILLING CODE 6712–01–P Washington, DC 20554. proceeding, filers must submit two • People with Disabilities: Contact additional copies for each additional the FCC to request reasonable docket or rulemaking number. Filings FEDERAL COMMUNICATIONS can be sent by hand or messenger COMMISSION accommodations (accessible format documents, sign language interpreters, delivery, by commercial overnight [CG Docket 03–123; DA 05–2346] CART, etc.) by e-mail: [email protected] courier, or by first-class or overnight or phone (202) 418–0539 or TTY: (202) U.S. Postal Service mail (although the Telecommunications Relay Services 418–0432. Commission continues to experience and Speech-to-Speech Services for For detailed instructions for delays in receiving U.S. Postal Service Individuals With Hearing and Speech submitting comments and additional mail). All filings must be addressed to Disabilities information on the rulemaking process, the Commission’s Secretary, Office of the Secretary, Federal Communications AGENCY: see the SUPPLEMENTARY INFORMATION Federal Communications Commission. section of this document. Commission. • The Commission’s contractor will ACTION: Notice. FOR FURTHER INFORMATION CONTACT: receive hand-delivered or messenger- Dana Jackson, (202) 418–2247 (voice), delivered paper filings for the SUMMARY: In this document, the (202) 418–7989 (TTY), or e-mail Commission s Secretary at 236 Commission seeks comment on the [email protected]. Massachusetts Avenue, NE., Suite 110, allocation factor proposed by the Washington, DC 20002. The filing hours National Exchange Carrier Association SUPPLEMENTARY INFORMATION: This is a at this location are 8 a.m. to 7 p.m. All (NECA) for determining the number of summary of the Commission’s hand deliveries must be held together inbound two-line captioned telephone document DA 05–2346, released August with rubber bands or fasteners. Any minutes that should be compensated 24, 2005. Pursuant to §§ 1.415 and 1.419 envelopes must be disposed of before from the Interstate Telecommunications of the Commission rules, 47 CFR 1.415 and 1.419, interested parties may file entering the building. Relay Service (TRS) Fund. • Commercial overnight mail (other comments on or before the dates DATES: Comments are due on or before than U.S. Postal Service Express Mail indicated on the first page of this September 22, 2005. Reply comments and Priority Mail) must be sent to 9300 are due on or before October 7, 2005. document. Comments may be filed East Hampton Drive, Capitol Heights, using: (1) The Commission’s Electronic ADDRESSES: You may submit comments MD 20743. identified by [docket number and/or Comment Filing System (ECFS), (2) The • U.S. Postal Service first-class, rulemaking number], by any of the Federal Government’s eRulemaking Express, and Priority mail should be following methods: Portal, or (3) by filing paper copies. See addressed to 445 12th Street, SW., • Federal eRulemaking Portal: http:// Electronic Filing of Documents in Washington, DC 20554. www.regulations.gov. Follow the Rulemaking Proceedings, 63 FR 24121, The full text of document DA 05– instructions for submitting comments. May 1, 1998. 2346, NECA s submission, and copies of • Federal Communications • Electronic Filers: Comments may be any subsequently filed documents Commission’s Web site: http:// filed electronically using the Internet by relating to this matter will be available www.fcc.gov/cgb/ecfs/. Follow the accessing the ECFS: http://www.fcc.gov/ for public inspection and copying instructions for submitting comments. cgb/ecfs/ or the Federal eRulemaking during regular business hours at the • Mail: Parties who choose to file by Portal: http://www.regulations.gov. FCC Reference Information Center, paper should also submit their comment Filers should follow the instructions Portals II, 445 12th Street, SW., Room on diskette. These diskettes should be provided on the Web site for submitting CY–A257, Washington, DC 20554. submitted, along with three paper comments. Document DA 05–2346, NECA’s copies to Dana Jackson, Consumer & • For ECFS filers, if multiple docket submission, and copies of subsequently Governmental Affairs Bureau, Disability or rulemaking numbers appear in the filed documents in this matter may also Rights Office, 445 12th Street, SW., caption of this proceeding, filers must be purchased from the Commission’s Room 3–C418, Washington, DC 20554. transmit one electronic copy of the contractor at Portals II, 445 12th Street, Such a submission should be on a 3.5 comments for each docket or SW., Room CY–B402, Washington, DC inch diskette format in an IBM rulemaking number referenced in the 20554. Customers may contact the compatible format using Word 97 or caption. In completing the transmittal Commission’s contractor at their Web compatible software. The diskette screen, filers should include their full site http://www.bcpiweb.com or call 1– should be accompanied by a cover letter name, U.S. Postal Service mailing 800–378–3160. A copy of NECA’s and should be submitted in ‘‘read only’’ address, and the applicable docket or submission may also be found by mode. The diskette should be clearly rulemaking number. Parties may also searching ECFS at http://www.fcc.gov/ labeled with the commenter’s name, submit an electronic comment by cgb/ecfs (insert CG Docket No. 03–123 proceeding (including the lead docket Internet e-mail. To get filing into the proceeding block). number in this case (CG Docket No. 03– instructions, filers should send an e- To request materials in accessible 123), type of pleading (comment or mail to [email protected], and include the formats for people with disabilities reply comment), date of submission, following words in the body of the (Braille, large print, electronic files, and the name of the electronic file on message, ‘‘get form.’’ A sample form and audio format), send an e-mail to the diskette. The label should also directions will be sent in response. All [email protected] or call the Consumer & include the following phrase: ‘‘Disk comments received are viewable by the Governmental Affairs Bureau at (202)

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418–0530 (voice) or (202) 418–0432 FEDERAL COMMUNICATIONS complete text is also available on the (TTY). Document DA 05–2346 can also COMMISSION Commission’s Internet Site at http:// www.fcc.gov. Alternative formats are be downloaded in Word and Portable [MB Docket 05–255; FCC 05–155] Document Format (PDF) at http:// available to persons with disabilities by www.fcc.gov/cgb.dro. Annual Assessment of the Status of contacting Brian Millin at (202) 418– 7426 or TTY (202) 418–7365. The Synopsis Competition in the Market for the Delivery of Video Programming complete text of the NOI may also be purchased from the Commission’s On August 2, 2005, pursuant to the AGENCY: Federal Communications duplicating contractor, Best Company Commission’s directive in the Two-line Commission. and Printing, Inc., Portals II, 445 12th Captioned Telephone Order, FCC 05– ACTION: Notice. Street, SW., Room CY–B402, 141, released July 19, 2005, the Washington, DC 20554, telephone (202) Interstate TRS Fund Administrator, SUMMARY: The Commission is required 863–2893, facsimilie (202) 863–2898, or NECA, submitted the proposed to report annually to Congress on the by e-mail [email protected], or via its allocation factor for inbound two-line status of competition in markets for the Web site http://www.bcpiweb.com. captioned telephone calls for delivery of video programming. This compensation from the Interstate TRS document solicits information from the Synopsis of Notice of Inquiry Fund for the period July 1, 2005 through public for use in preparing this year’s 1. Section 628(g) of the June 30, 2006. See letter to the Federal competition report that is to be Communications Act of 1934, as Communications Commission Secretary, submitted to Congress in December amended, directs the Commission to Marlene H. Dortch from the NECA 2005. Comments and data submitted by report to Congress annually on the Director, John Ricker, proposing the parties will be used in conjunction with status of competition in the market for allocation factor for two-line captioned publicly available information and the delivery of video programming. This Notice of Inquiry (NOI) solicits data and telephone calls. filings submitted in relevant Commission proceedings to assess the information on the status of competition In the Two-line Captioned Telephone extent of competition in the market for in the market for the delivery of video Order, the Commission adopted NECA’s the delivery of video programming. programming for the Commission’s proposed methodology for determining DATES: Comments are due on or before twelfth annual report (2005 Report). We the number of inbound two-line September 19, 2005, and reply request information, comments, and captioned telephone call minutes that comments are due on or before October analyses that will allow us to evaluate will be compensated from the Interstate 3, 2005. the status of competition in the video TRS Fund. The Commission noted that marketplace, changes in the market ADDRESSES: You may submit comments, since the 2004 Report, prospects for new for such calls there is currently no way identified by MB Docket No. 05–255, by for a provider to determine if a entrants to that market, factors that have any of the following methods: facilitated or impeded competition, and particular call is interstate or intrastate. • Federal eRulemaking Portal: http:// the effect these factors are having on The Commission instructed NECA to www.regulations.gov. Follow the consumers’ access to video determine and apply, on an annual instructions for submitting comments. programming. Where possible and basis, an allocation factor for inbound • Federal Communications relevant, we request data as of June 30, two-line captioned telephone calls that Commission’s Web site: http:// 2005. is based on the relationship between www.fcc.gov/cgb/ecfs/. Follow the 2. We encourage thorough and interstate and international traditional instructions for submitting comments. substantive submissions from industry • People with Disabilities: Contact TRS calls and all intrastate, interstate, participants and state and local the FCC to request reasonable and international traditional TRS calls. regulators with the best knowledge of accommodations (accessible format NECA calculated the factor by using the questions and issues raised. We will documents, sign language interpreters, projections of traditional TRS minutes augment reported information with CART, etc.) by e-mail: [email protected] for 2005 and 2006 as submitted by relay submissions in other Commission or telephone: 202–418–0530 or TTY: proceedings. In the past, we have had to service providers with their annual data 202–418–0432. rely on data from publicly available submissions in January 2005. Interstate For detailed instructions for sources when information has not been and international minutes for both years submitting comments and additional provided directly by industry totaled 24,459,907; local, intrastate, information on the rulemaking process, participants. The Commission intends interstate and international minutes see the SUPPLEMENTARY INFORMATION to seek out publicly available totaled 213,957,866. Dividing interstate section of this document. information relevant to this inquiry. and international minutes by total FOR FURTHER INFORMATION, CONTACT: minutes results in a proposed interstate Timothy May, Media Bureau, (202) 418– Competition in the Market for the factor of 11% for inbound two-line 1463, TTY (202) 418–7172 or by e-mail Delivery of Video Programming captioned telephone minutes. The at [email protected]. 3. In the NOI, we ask commenters to remaining 89% of minutes would SUPPLEMENTARY INFORMATION: This is a provide data on video programming continue to be allocated to the intrastate synopsis of the Commission’s Notice of distributors, including cable systems, jurisdiction. Inquiry (NOI) in MB Docket No. 05–255, direct broadcast satellite (DBS) services, Federal Communications Commission. FCC 05–155, adopted August 9, 2005, large home satellite or C-Band dish (C- Jay Keithley, and released August 12, 2005. The Band) providers, broadband service complete text of this NOI is available for providers (BSPs), private cable or Deputy Bureau Chief, Consumer & inspection and copying Monday during satellite master antenna television (PCO) Governmental Affairs Bureau. regular business hours in the FCC’s systems, open video systems (OVS), [FR Doc. 05–17523 Filed 9–6–05; 8:45 am] Reference Information Center, Room multichannel multipoint distribution or BILLING CODE 6712–01–P CY–A257, Portals II, 445 Twelfth Street, wireless cable systems (wireless cable), SW., Washington, DC 20554. The local exchange carrier (LEC) systems,

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utility-operated systems, and over-the- competition in the market for video disabilities, we invite commenters to air broadcast television stations. We programming. Has competition among provide information regarding the seek information on video programming MVPD services resulted in lower prices, accessibility of closed captioning and distributed on videocassettes and DVDs more programming choices, better video description. We seek information through retail distribution outlets, over quality of service, more advanced on the quality, accuracy, placement, the Internet and via Internet Protocol services (both video and non-video) or technology, and any instances of (IP) networks. other consumer benefits? Is there missing or delayed captions, and the 4. We seek information and statistical evidence of price competition? amount of digital programming that data for each type of multichannel video 7. We also ask whether the effect of contains closed captions translated from programming distributor (MVPD), competition varies depending upon the analog closed captions. We further seek including the number of homes passed nature of the competitors. In particular, information on the availability of video by each wired technology; the number we seek data on relative prices in order description, currently provided by of homes capable of receiving service to evaluate substitution between MVPD programmers on a voluntary basis. via each wireless technology; the technologies (i.e., what are the prices of 11. We seek comment on the number of subscribers and penetration similar cable, DBS, LEC, OVS and BSP availability and compatibility of rates for each service (e.g., basic cable services). Also, how should we compare customer premises equipment used to service, cable programming service tier bundled service packages, such as provide video programming and other or CPST, premium, or their equivalents video, voice, and high-speed data, services. We request information on the provided by non-cable MVPDs, pay-per- among MVPDs? Are there barriers to number of households that currently view, video-on-demand (VOD)); channel entry in the market for the delivery of have analog television sets and the capacities and the number, type, and video programming, including number of those television sets that are identity of video programming channels regulations or statutory provisions that connected to an external set-top box that offered, the channel capacity required prevent new entrants from promptly allows for the provision of various for such offerings, and the available deploying their networks and offering MVPD services. We request information channel capacity of the system; prices consumers new video service options? on the number of households that have charged for various programming 8. We seek information on existing, digital television sets and the number of packages; cost of programming inputs; planned, and terminated or merged those sets that are connected to set-top industry and individual firm financial programming services to assess the boxes for each type of service provided information, such as total revenue and changes over the past year in the by such boxes. revenue by individual company amount and type of video programming 12. We seek information on the retail segments or services, cash flow, and that is available to consumers. We availability of navigation devices to expenditures; information on how video request detailed information about consumers, including the number of programming distributors compare in programming networks including such devices that have been sold and terms of relative size and financial ownership, the type of programming the obstacles to equipment resources; data that measure the services (e.g., national, regional, local) manufacturers and others for obtaining audience reach of video programming and the genre of programming services approval to attach devices to MVPD distribution firms as well as relative (e.g., sports, news, children’s, general systems. We request information on the control over the video distribution entertainment, and foreign language). development and deployment of market; information on video distributor We also seek information on the nature electronic programming guides (EPGs), expansion into new markets such as of trends in the status of programming including the number and type of EPGs local telephony and high-speed-Internet networks’ vertical integration with cable that video programming distributors access, the percentage of subscribers operators and with other media offer or plan to offer to their subscribers, taking these services, and the interests. We seek comment on and the technologies used to distribute competitive advantages of offering these programmers’ access to MVPDs and EPGs. services; and information on new their ability to gain carriage. We request 13. We continue to monitor technologies being considered, tested, or comment on the effectiveness of our competition issues specific to video deployed by MVPDs for video, voice program access, program carriage, and programming distribution in rural and and data. channel occupancy rules. smaller markets. How does competition 5. We are interested in data and 9. We request information on differ between rural and smaller markets information on the number of homes children’s, locally-originated, and local and larger and urban areas? We are capable of choosing among MVPD news and community affairs particularly interested in information on services. How many households can programming is distributed to the experiences of independent cable receive service from one or more consumers. To what extent is system operators (i.e., cable systems not providers (e.g., DBS, wireless cable, programming offered in languages other affiliated with the largest MSOs) and the PCO) as well as an incumbent cable than English, nationally and locally? We degree of upgrades of cable systems in provider? We seek comments and data seek comment on cable operators’ rural and smaller markets. We request on the number of consumers with access public, educational, and governmental information on the programming offered to wireline overbuilders, such as the access and leased access channel. We in rural and smaller markets and any number of homes passed by more than ask for information on the programming differences between these offerings and one wireline MVPD, and why the provided by DBS operators in those available in larger markets. availability is low relative to wireless compliance with their public interest Similarly, we seek comment on any alternatives. As part of this request, we obligation. We also seek information on factors that are unique to competition in want to identify markets where wireline how video programming distributors multiple dwelling units (MDUs). competition exists today, where entry is package and market their programming. likely in the near future, and where To what extent do MVPDs offer or plan Cable Television Service wireline competition once existed but to offer themed tiers, such as sports tiers 14. For the 2005 Report, we seek failed. or family tiers. updated information on the 6. We seek comments and information 10. With respect to access to performance of the cable television on the consequences for consumers of programming by persons with industry. We request information

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regarding the investments that cable recorders (DVRs), cable modem service, sight of the satellite signal? We request operators have made to upgrade their telephony, including Voice Over any consumer surveys identifying plant and equipment to increase Internet Protocol (VoIP), and Open differences between consumers who channel capacity, create digital services, Cable Applications Platform (OCAP) choose to subscribe to DBS or C-Band, or offer advanced services. We request applications. We seek information on rather than choose cable or another information on the deployment of cable operators that currently provide or video programming distributor. What various types and technical methods to plan to provide video-on-demand these percentage of new DBS subscribers are increase capacity. services. former cable subscribers? 15. For individual cable multiple 19. We also request information 22. We request information regarding system operators (MSOs), we request regarding the development of the investments that DBS operators have information on the number of systems specifications for interoperable set-top made or plan to make to augment their upgraded, the channel capacity (as boxes, i.e., set-top boxes that can be satellite fleets and equipment to measured in terms of analog channel moved from one cable franchise area to increase channel capacity or offer capacity) resulting from upgrades, the another and function with any given advanced services. We request digital channel capacity resulting from cable providers local system in information on current channel capacity upgrades (including the digital to analog CableLab’s OpenCable Process? What and the deployment of various technical compression ratio used), the number of percentage of equipment is compatible methods to increase capacity. We systems with digital tiers, the number of with the OpenCable standards? We also request data on prices for DBS households where digital cable services seek information on the availability of programming packages and equipment. are available, and the number of CableCARDs, the removable security What is the typical cost of DBS subscribers to these digital services. To module which, when inserted in an equipment and installation? what extent is the new capacity used for OpenCable certified device enables the 23. We request updated information video services as opposed to non-video delivery of digital video programming on the number of markets where local- services? We seek information on cable and other services. We further ask for into-local television service is offered, operators who have launched or plan to information on how many products are or will be offered in the near future, launch digital simulcasts of their analog available with built-in ‘‘plug and play’’ pursuant to the Satellite Home Viewer channel lineups on one or more of their functionality for one way digital cable Improvement Act of 1999 (SHVIA), systems. How would the structure and service. including the number and affiliation of 20. Section 612(g) of the price of service tiers change if a system the stations carried. What is the cost to becomes all-digital? Communications Act provides that at consumers of local-into-local broadcast 16. We seek information on mergers such time as cable systems with 36 or channels? What percentage of DBS and other cable system transactions more activated channels are available to during the past year, including the 70 percent of households within the subscribers subscribe to cable in order names of the buyer and seller, the date United States and are subscribed to by to receive local broadcast signals? On of the transaction, type of transaction 70 percent of those households, the December 8, 2004, the Satellite Home (i.e., sale, swap, or trade), name and Commission may promulgate any Viewer Extension and Reauthorization location of the system, homes passed additional rules necessary to promote Act of 2004 (SHVERA) was enacted, and number of subscribers, and the diversity of information sources. We which added new provisions to the price. We continue to monitor the request comment and supporting data Communications and Copyright Acts practice of clustering, whereby that would be useful for determining an pertaining to the retransmission by DBS operators concentrate their operations in accurate homes passed statistic, of distant broadcast signals. We request specific geographic areas and request including the number of homes passed comment on the potential impact of data regarding the effect of clustering on by systems with 36 or more activated SHVERA on DBS’ ability to compete in competition in the video programming channels. We further seek information the MVPD marketplace. distribution market. What effect does regarding how many homes passed by 24. With respect to large home clustering have on economies of scale systems with 36 or more channels satellite dish or C-Band service and scope vis-a-vis competition with actually subscribe to cable service. providers, our 2004 Report found a overbuilders? continued decline in subscriber 17. We seek comment on whether Direct-to-Home Satellite Services activations, caused principally by cable operators are changing the way 21. We seek information and data that C-Band subscribers switching to DBS they package programming. Are cable explain the factors contributing to DBS’ because of the smaller, less expensive, operators restructuring their tiers by growth in the video programming and easier to use equipment. We seek shifting programming from the basic market and that can help us assess information about programming and service tier (BST) to cable programming whether those characteristics will program packages that remain available service tier (CPST) or from these tiers to continue to position DBS as cable’s for C-Band subscribers. digital or premium tiers? To what extent principal competitor. We seek 25. With respect to satellite delivered do cable operators offer multiple CPSTs information on the geographic advanced services, we seek information or digital tiers? To what extent do they characteristics of direct to home (DTH) on the status of current and future plans offer themed tiers, such as a family tier? subscribers. Are they more likely to regarding both satellite-delivered high- Where cable operators provide digital reside in urban areas than rural areas, or speed Internet access with a telephone tiers, are they creating additional digital vice versa? To what extent do DBS return path as well as two-way satellite programming genre packages (e.g., subscribers reside in areas not passed by delivered high-speed Internet access family, sports, and lifestyle theme tiers) cable systems? Although DBS is a services offered by the satellite industry, that require an additional subscription national service, we continue to monitor including fixed satellite systems (FSS), fee? technical limitations, such as line of DTH and DBS providers. We request 18. Commenters are asked to provide sight, which impede the availability of information on set-top boxes with DVR information regarding the advanced DBS. How many or what percentage of capabilities, including number of service offerings by cable operators, households cannot receive DBS service subscribers purchasing or leasing this such as video-on-demand, digital video because they are not within the line of equipment. We also seek information on

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the rollout of HD programming to DBS geographical reach, demographics, and programming. We seek data on subscribers. business models). broadcast network and station audience 26. In 2002, the Commission shares, especially relative to those of Electric and Gas Utilities established the Multichannel Video non-broadcast programming services. Distribution and Data Service (MVDDS) 30. We seek information regarding We also request data on broadcast in the 12.2–12.7 GHz band (12 GHz utility companies that provide video advertising revenue. To what extent has band), which is allocated to DBS on a services, including the extent to which cable gained local, regional, or national primary basis. MVDDS spectrum may be video programming services are being advertising market share from broadcast used to facilitate the delivery of new bundled with telephone, high-speed television? To what extent are cable video and broadband communications Internet access, or other utility services? television and DBS retransmission services, such as local television How does the ability to offer bundled consent negotiations providing programming and high-speed Internet services affect the relative competitive broadcasters with an additional revenue access. We invite comment on the status position of these utilities? In addition, source, either through direct of MVDDS equipment and deployment. several utility companies have been compensation or through indirect experimenting with ‘‘broadband-over- Local Exchange Carriers benefits such as, for example, contracts powerline’’ (BPL) technology, which for the carriage of affiliated 27. We have previously reported that uses power lines to carry high-speed programming? If the compensation is incumbent LEC entry into the MVPD data signals the ‘‘last mile’’ to the home. not direct, how is it accounted for? industry remains limited, but that recent We seek comment on the extent to What forms of compensation are developments indicated renewed which BPL technology can or is being broadcasters receiving for incumbent LEC interest in providing used to provide video programming retransmission consent? video programming services. What is services, either separately or together 34. We invite comment and seek data the current extent of deployment of with voice and data services. on a broad range of issues relating to the these broadband networks? What are digital television (DTV) transition. We Internet Video LECs’ future deployment plans? are most interested in the ways in which 28. We seek information generally 31. We seek updated information as to broadcast television stations’ regarding incumbent LECs that provide the quality of readily available deployment of digital television service, video programming services. Are there streaming and downloadable video. We and the DTV programming provided by any regulatory or statutory impediments are particularly interested in what MVPDs, impact competition in the to LEC entry in the video service criteria should be used to compare video programming distribution market. market? To what extent are LECs picture quality of Internet-based video Is the growth of DTV broadcasting operating cable systems? To what extent to video programming distributed by making broadcast television a substitute are LECs overbuilding incumbent cable traditional broadcasters and MVPDs. We for, or competitor of, MVPDs? We invite systems’ service areas? Do LECs that continue to seek information on the comment on current and projected operate cable systems face special types of video services currently being levels of consumer access to and use of hurdles to providing video service? Are offered over the Internet both in real- DTV, including over-the-air availability the services offered by fiber to the time and downloadable format. We also of DTV service and carriage of DTV premises (FTTP) and fiber to the node seek projections of whether and, if so, programming by MVPDs, including (FTTN) comparable to those available when Internet video will become a satellite systems as well as cable via cable or satellite? We request viable competitor in the market for the systems. We also invite comment on comment on the status of planned delivery of video programming. programming content that is available in incumbent LEC IP video and Internet 32. With respect to IPTV, when used DTV formats, equipment that is used to Protocol television (IPTV) deployments. for video programming delivery by cable receive DTV programming, and and other MVPDs, should IPTV be Broadband Service Providers and Open consumer education efforts. considered a separate service, or simply 35. We request information on how Video System Operators a different means of video programming consumers receive television 29. We request information regarding transmission? We invite comment on programming, and how many of these the provision of video, voice, and data whether and to what extent MVPDs are households have the capability to services by Broadband Service Providers delivering IPTV over their broadband receive DTV programming. We request (BSPs), including municipal, Internet connections, and information data on the number or percentage of independent and competitive local on the types of IPTV services that are households relying solely on over-the- exchange carriers (CLEC) overbuilders, planned or being deployed. We seek air broadcast television for and open video system (OVS) operators. projections of whether and when IPTV programming, as well as the number of Are video programming services offered will have a competitive impact on the MVPD households that rely on over-the- in combination with telephone and market for the delivery of video air reception for local broadcast service high-speed Internet access services and, programming. We also seek comment on on one or more of their television sets if so, how are rates affected by the what Digital Rights Management (DRM) not connected to an MVPD, by type of packaging of multiple services? How and other security technologies IPTV MVPD service. We specifically request many, or what percentage of, BSP and providers use, and the effect of the information on the number of OVS subscribers purchase video service choice of DRM on competition. In households that are able to receive DTV alone, video and telephony, video and addition, we request comment on any and/or high definition television high-speed Internet access services, or other competitive or regulatory issues (HDTV) programming either over the air all three services? We further seek raised by the provision of IPTV over or from an MVPD. We also seek comment on the current and potential broadband Internet connections. comments on how these subscriber effect of BSPs and OVS providers on the numbers are expected to grow over the status of video competition. We seek Broadcast Television Service next several years. comment on the characteristics that 33. We seek data and comment on the 36. We seek information on the facilitate BSP competitiveness (e.g., role of broadcast television in the availability of over-the-air DTV service number of subscribers, homes passed, market for the delivery of video to viewers. What portion of the

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population has access to over-the-air players. We request information on the 44. Comment Information. Pursuant DTV service? We request information amount of programming available in to §§ 1.415 and 1.419 of the regarding the carriage of DTV DVD and VHS formats, for sale and Commission’s rules, 47 CFR 1.415, programming by MVPDs and plans to rental, the cost of rentals, and how this 1.419, interested parties may file increase the amount of DTV compares with the cost of pay-per-view, comments on or before September 19, programming carried. We request video-on-demand, or near video-on- 2005, and reply comments on or before information regarding the amount and demand programming offered by October 3, 2005. Comments may be filed type of DTV programming (e.g., MVPDs. We also seek information on using: (1) The Commission’s Electronic network, local, syndicated) currently Internet-based video sales and rental Comment Filing System (ECFS), (2) the offered by broadcasters. Last year, we services and the effect, if any, they have Federal Government’s eRulemaking reported on the efforts of several on video distributors’ service offerings, Portal, or (3) by filing paper copies. See companies using broadcast spectrum for such as VOD and pay-per-view. Electronic Filing of Documents in subscription video distribution via DTV Rulemaking Proceedings, 63 FR 24121 streams. We seek updated information Commercial Mobile Radio Service (1998). on the status of these efforts and other Providers • Electronic Filers: Comments may be planned uses of DTV spectrum. We seek 40. We request information on the filed electronically using the Internet by information regarding the equipment availability and deployment of mobile accessing the ECFS: http://www.fcc.gov/ needed to receive DTV programming television services. How many mobile cgb/ecfs/ or the Federal eRulemaking either over the air or from an MVPD. telephone users have access to and Portal: http://www.regulations.gov. Filers should follow the instructions Wireless Cable Systems subscribe to video programming services? Are specialized telephones or provided on the Web site for submitting 37. We recognize that wireless cable comments. other devices required to receive these • operators offer limited competition to services? How much do such services For ECFS filers, if multiple docket incumbent cable operators. Many cost? In which markets are these or rulemaking numbers appear in the licensees of the Broadband Radio services available? Are any other caption of this proceeding, filers must Service (BRS) and Educational providers planning to launch similar transmit one electronic copy of the Broadband Service (EBS) used by services and is additional network comments for each docket or wireless cable operators to provide capacity required to provide them? To rulemaking number referenced in the caption. In completing the transmittal video service have chosen to focus on what extent should mobile telephone screen, filers should include their full the delivery of non-video broadband providers that offer video programming name, U.S. Postal Service mailing services, such as high speed Internet be considered MVPDs? Although these address, and the applicable docket or service. We seek information on the services are just emerging, we seek rulemaking number. Parties may also factors that have led wireless cable comment on what impact, if any, they submit an electronic comment by operators to move away from offering have on competition in the MVPD Internet e-mail. To get filing video services over their platforms, market. including any concerning access to instructions, filers should send an e- programming, bandwidth Foreign Markets mail to [email protected], and include the considerations, local regulatory following words in the body of the 41. We invite comment on the status considerations, and bundled service message, ‘‘get form.’’ A sample form and of competition in foreign markets for the offerings. directions will be sent in response. delivery of video programming to • Paper Filers: Parties who choose to Private Cable Operators provide insight into the nature of file by paper must file an original and 38. We request information on the competition in the United States and four copies of each filing. If more than types of services offered by private cable relative efficiency of market structures one docket or rulemaking number operators (PCOs), also known as satellite and regulations within the United appears in the caption of this master antenna television (SMATV) States. We seek current information and proceeding, filers must submit two operators. We seek information on the case studies on video delivery in foreign additional copies for each additional number of PCOs in the United States, markets. Specifically, we seek docket or rulemaking number. the geographic areas they serve, the information regarding the differences Filings can be sent by hand or identification and size of PCO between the United States and other messenger delivery, by commercial companies, the programming packages markets in the distribution of video overnight courier, or by first-class or offered, and the prices of such packages programming, including developments overnight U.S. Postal Service mail compared to those of incumbent cable in video over IP, the digital television (although we continue to experience operators. In 2002, the Commission transition, and broadcast, cable and delays in receiving U.S. Postal Service made PCOs eligible for CARS licenses, satellite competition. What regulatory mail). All filings must be addressed to an action intended to enhance models are associated with increased the Commission’s Secretary, Office of opportunities for PCOs to provide levels of competition in foreign the Secretary, Federal Communications additional competition to incumbent markets? Commission. • cable operators. We seek comments as to Procedural Matters The Commission’s contractor will whether CARS licenses are being used receive hand-delivered or messenger- by PCOs as envisioned and whether the 42. Authority. This NOI is issued delivered paper filings for the anticipated benefits are being achieved. pursuant to authority contained in Commission’s Secretary at 236 Sections 4(i), 4(j), 403, and 628(g) of the Massachusetts Avenue, NE., Suite 110, Home Video Sales and Rentals Communications Act, as amended, 47 Washington, DC 20002. The filing hours 39. We seek information regarding the U.S.C. 154(i), 154(j), 403, and 548(g). at this location are 8 a.m. to 7 p.m. All home video sales and rental market, 43. Ex Parte Rules. There are no ex hand deliveries must be held together including data on the number or parte or disclosure requirements with rubber bands or fasteners. Any percentage of households with applicable to this proceeding pursuant envelopes must be disposed of before videocassette recorders and DVD to 47 CFR 1.1204(b)(1). entering the building.

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• Commercial overnight mail (other 104(i) of the Comprehensive Non-NPL Petitioned Sites than U.S. Postal Service Express Mail Environmental Response, Louisiana and Priority Mail) must be sent to 9300 Compensation, and Liability Act East Hampton Drive, Capitol Heights, (CERCLA), as amended by the Pab Oil and Chemical Services, MD 20743. Superfund Amendments and Incorporated—(PB2005–106281) • U.S. Postal Service first-class, Reauthorization Act (SARA) [42 U.S.C. Mississippi Express, and Priority mail should be 9604 (i)]. addressed to 445 12th Street, SW., Naval Construction Battalion Center Washington DC 20554. Availability Gulfport—(PB2005–106306) People with Disabilities: To request The completed public health New York materials in accessible formats for assessments are available for public Village Liberty Water Supply System— people with disabilities (braille, large inspection at the Division of Health Elm Street Well—(PB2005–106308) print, electronic files, audio format), Assessment and Consultation, Agency send an e-mail to [email protected] or call for Toxic Substances and Disease Dated: August 30, 2005. the Consumer & Governmental Affairs Registry, 1825 Century Center Kenneth Rose, Bureau at 202–418–0530 (voice), 202– Boulevard, Atlanta, Georgia (not a Acting Director, Office of Policy, Planning, 418–0432 (tty). mailing address), between 8 a.m. and and Evaluation, National Center for Federal Communications Commission. 4:30 p.m., Monday through Friday Environmental Health/Agency for Toxic Substances and Disease Registry. Marlene H. Dortch, except legal holidays. The completed [FR Doc. 05–17664 Filed 9–6–05; 8:45 am] Secretary. public health assessments are also available by mail through the U.S. BILLING CODE 4163–70–P [FR Doc. 05–17705 Filed 9–6–05; 8:45 am] Department of Commerce, National BILLING CODE 6712–01–P Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, DEPARTMENT OF HEALTH AND Virginia 22161, or by telephone at (800) HUMAN SERVICES DEPARTMENT OF HEALTH AND 553–6847. NTIS charges for copies of Centers for Disease Control and HUMAN SERVICES public health assessments. The NTIS Prevention Agency for Toxic Substances and order numbers are listed in parentheses Disease Registry following the site name. Increasing Access to HIV Confidential Voluntary Counseling and Testing [ATSDR–212] Public Health Assessments Completed or Issued (VCT) and Enhancing HIV/AIDS Public Health Assessments Completed Communications, Prevention, and Care Between April 1, 2005, and June 30, in the Republics of Lesotho, South AGENCY: Agency for Toxic Substances 2005, public health assessments were Africa, and Swaziland and Disease Registry (ATSDR), issued for the sites listed below: Announcement Type: New. Department of Health and Human NPL and Proposed NPL Sites Services (HHS). Funding Opportunity Number: CDC– RFA–AA239. ACTION: Notice. Colorado Catalog of Federal Domestic Rocky Flats Environmental Technology SUMMARY: Assistance Number: 93.067. This notice announces those Site—(PB2005–106307) sites for which ATSDR has completed Key Dates: public health assessments during the Maine Application Deadline: September 29, 2005. period from April through June 2005. Naval Air Station Brunswick—(PB2005– This list includes sites that are on or 106879) I. Funding Opportunity Description proposed for inclusion on the National Priorities List (NPL) and includes sites Nebraska Authority: This program is authorized under Sections 301(a) and 307 of the Public for which assessments were prepared in Omaha Lead—(PB2005–106280) response to requests from the public. Health Service Act [42 U.S.C. Sections 241 and 242l], as amended, and under Public FOR FURTHER INFORMATION CONTACT: New Jersey Law 108–25 (United States Leadership William Cibulas, Jr., Ph.D., Director, Standard Chlorine Chemical Company, Against HIV/AIDS, Tuberculosis and Malaria Division of Health Assessment and Incorporated—(PB2005–106282) Act of 2003) [U.S.C. 7601]. Consultation, Agency for Toxic Substances and Disease Registry, 1600 Ohio Background Clifton Road, N.E., Mailstop E–32, Armco Incorporated—Hamilton Plant— President Bush’s Emergency Plan for Atlanta, GA 30333, telephone (404) (PB2005–107525) AIDS Relief has called for immediate, 498–0007. comprehensive and evidence-based Pennsylvania SUPPLEMENTARY INFORMATION: The most action to turn the tide of global HIV/ recent list of completed public health Franklin Slag Pile (MDC) Site— AIDS. The initiative aims to treat more assessments was published in the (PB2005–106326) than two million HIV-infected people Federal Register on June 29, 2005 [70 with effective combination anti- Texas FR 37409]. This announcement is the retroviral therapy by 2008; care for ten responsibility of ATSDR under the Jones Road Groundwater Plume— million HIV-infected and affected regulation ‘‘Public Health Assessments (PB2005–106305) persons, including those orphaned by and Health Effects Studies of Hazardous HIV/AIDS, by 2008; and prevent seven Utah Substances Releases and Facilities’’ [42 million infections by 2010, with a focus CFR part 90]. This rule sets forth Davenport and Flagstaff Smelters on 15 priority countries, including 12 in ATSDR’s procedures for the conduct of (PB2005–106277) sub-Saharan Africa. The five-year public health assessments under section Eureka Mills—(PB2005–106279) strategy for the Emergency Plan is

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available at the following Internet through a strong referral network to The grantee will either implement address: http://www.state.gov/s/gac/rl/ complementary care. A secondary activities directly or through its or/c11652.htm. purpose of this program is to enhance subgrantees and/or subcontractors; the Over the same time period, as part of culturally and age-appropriate HIV/ grantee will retain overall financial and a collective national response, the AIDS prevention communications programmatic management under the Emergency Plan goals specific to South activities. Awardees may not implement oversight of HHS/CDC and the strategic Africa are to treat at least 500,000 HIV- condom social marketing campaigns direction of the Office of the Global infected individuals and care for without also implementing abstinence AIDS Coordinator. The grantee must 2,500,000 HIV-affected individuals, and faithfulness behavior-change show a measurable progressive including orphans. interventions. The provision of anti- reinforcement of the capacity of indigenous organizations and local Purpose retroviral therapy (ART) is not part of this program, although patients who communities to respond to the national The United States Government seeks qualify for ART under medical criteria HIV epidemic, as well as progress to reduce the impact of HIV/AIDS in may receive referrals to treatment sites towards the sustainability of activities. specific countries in sub-Saharan Africa, as they become available. Applicants should describe activities Asia and the Americas by working with Monitoring and evaluation of all in detail as part of a four-year action governments and other key partners to programs and services will be essential plan (U.S. Government Fiscal Years assess the needs of each country and in measuring success of these activities. 2005–2008 inclusive) that reflects the design a customized program of All of the program activities conducted policies and goals outlined in the five- assistance that fits within the host in this cooperative agreement are part of year strategy for the President’s nation’s strategic plan. Under the the Emergency Plan. Emergency Plan. The grantee will produce an annual leadership of the U.S. Global AIDS Measurable outcomes of the program operational plan in the context of this Coordinator, as part of the President’s will be in alignment with the five-year plan, which the U.S. Emergency Plan, the U.S. Department of performance goals of the President’s Government Emergency Plan teams on Health and Human Services (HHS) Emergency Plan and with the following works with host countries and other key the ground in South Africa, Swaziland performance goal for the CDC National and Lesotho will review, respectively, partners to assess the needs of each Center for HIV, STD and TB Prevention country and design a customized as part of the annual Emergency Plan for within HHS: By 2010, work with other AIDS Relief Country Operational Plan program of assistance that fits within countries, international organizations, the host nation’s strategic plan. review and approval process managed the U.S. Department of State, U.S. by the Office of the U.S. Global AIDS The purpose of this funding Agency for International Development announcement is to progressively build Coordinator. The grantee may work on (USAID), and other partners to achieve some of the activities listed below in the an indigenous, sustainable response to the United Nations General Assembly the national HIV epidemics in Lesotho, first year and in subsequent years, and Special Session on HIV/AIDS goal of then progressively add others from the South Africa and Swaziland through the reducing prevalence among young rapid expansion of innovative, list to achieve all of the Emergency Plan people 15 to 24 years of age. Specific performance goals, as cited in the culturally appropriate, high-quality measurable outcomes of this program HIV/AIDS prevention and care previous section. HHS/CDC, under the include, but are not be limited to, the guidance of the U.S. Global AIDS interventions. number, age and sex of clients Specifically, the successful awardees Coordinator, will approve funds for (individual and couples) provided with of this announcement will expand and activities on an annual basis, based on confidential HIV CT, unrecognized HIV enhance the use of high quality documented performance toward infections discovered, the cost per client confidential HIV VCT services achieving Emergency Plan goals, as part service and per unrecognized infection, (including social marketing for of the annual Emergency Plan for AIDS and the number of persons with HIV promoting awareness and importance of Relief Country Operational Plan review successfully referred to an effective care testing) in Lesotho, South Africa and and approval process. or treatment provider. Swaziland, including rural areas. These Awardee activities for this program services include referral of those testing This announcement is only for non- are as follows: positive to sources of ongoing psycho- research activities supported by HHS, 1. Establishing and running programs social support and basic preventive and including the Centers for Disease to make confidential HIV CT a routine palliative care. Use of counseling and Control and Prevention (CDC). If an part of medical care, linked together testing (CT) services is intended to lead applicant proposes research activities, within countries as a network sharing to safer sexual behaviors, including HHS will not review the application. standardized CT protocols and abstinence, fidelity, and, for populations For the definition of research, please see procedures, standardized management engaged in high-risk behaviors,1 correct the HHS/CDC Web site at the following systems, standardized monitoring and and consistent condom use, and Internet address: http://www.cdc.gov/ evaluation procedures and instruments, increased use of care and support od/ads/opspoll1.htm. and standardized marketing and Activities education materials and activities. 1 Behaviors that increase risk for HIV 2. Operating mobile HIV confidential transmission include engaging in casual sexual Based on its competitive advantage CT activities to reach rural populations encounters, engaging in sex in exchange for money and proven field experience, the and/or employees at their workplaces. or favors, having sex with an HIV-positive partner successful applicant will undertake a 3. Developing and implementing or one whose status is unknown, using drugs or abusing alcohol in the context of sexual broad range of activities to meet the comprehensive, culturally appropriate interactions, and using intravenous drugs. Women, numerical Emergency Plan targets social marketing campaigns in local even if faithful themselves, can still be at risk of outlined in this Program languages to create informed demand becoming infected by their spouse, regular male Announcement. For each of these for confidential HIV CT services and partner, or someone using force against them. Other high-risk persons or groups include men who have activities, the grantee will give priority reduce stigma surrounding seeking CT. sex with men and workers who are employed away to evidence-based, yet culturally 4. Developing and implementing from home. adapted, innovative approaches. comprehensive, culturally and age-

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appropriate social marketing campaigns 13. Progressively reinforce the applicable U.S. Government, HHS, and to promote abstinence and faithfulness capacity of faith- and community-based Emergency Plan expectations, that reflect and respect local cultural organizations and village and district regulations and key management and religious mores. AIDS committees to promote quality, requirements, as well as report formats 5. Developing and implementing local ownership, accountability and and contents. The orientation could programs in local languages to promote sustainability of activities. include meetings with staff from HHS healthy behavior change among 14. Develop and implement a project- agencies and the Office of the U.S. populations engaged in high-risk specific participatory monitoring and Global AIDS Coordinator. behaviors and at high-risk sites (e.g., evaluation plan by drawing on National 6. Review and approve the process bars, bottle shops). Ministry of Health and U.S. Government used by the grantee to select key 6. Promoting culturally appropriate requirements and tools, including the personnel and/or post-award messages in local languages that raise strategic information guidance provided subcontractors and/or subgrantees to be awareness about the harmful ties by the Office of the U.S. Global AIDS involved in the activities performed between alcohol/substance abuse and Coordinator. under this agreement, as part of the HIV infection and poor adherence to Administration Emergency Plan for AIDS Relief Country antiretrovirals (ARVs). Operational Plan review and approval Comply with all HHS management 7. Creating referral networks for process, managed by the Office of the requirements for meeting participation confidential HIV CT clients to improve U.S. Global AIDS Coordinator. and progress and financial reporting for access to care and support. 7. Review and approve grantee’s this cooperative agreement. (See HHS annual work plan and detailed budget, 8. Collecting strategic information to Activities and Reporting sections below ensure the effectiveness of HIV/AIDS as part of the Emergency Plan for AIDS for details.) Comply with all policy Relief Country Operational Plan review prevention activities. directives established by the Office of 9. Providing support, as appropriate, and approval process, managed by the the U.S. Global AIDS Coordinator. Office of the U.S. Global AIDS to the national Departments of Health In a cooperative agreement, HHS staff Coordinator. (DOH), Ministries of Health (MOH) and is substantially involved in the program other agencies of the national 8. Meet on a monthly basis with activities, above and beyond routine grantee to assess monthly expenditures government, which could include, grant monitoring. HHS Activities for without limitation: improvement of in relation to approved work plan and this program are as follows: modify plans as necessary. monitoring and evaluation activities to 1. Support training of VCT 9. Meet on a quarterly basis with assure high-quality service delivery in counselors, development of tools for grantee to assess quarterly technical and all confidential HIV CT sites; monitoring and evaluation of financial progress reports and modify development of culturally and age- confidential counseling and testing plans as necessary. appropriate communications materials programs, quality assurance, and 10. Meet on an annual basis with in local languages; development and/or competitive and transparent grantee to review annual progress report implementation of training curricula; procurement of HIV rapid tests. and improvement of laboratory 2. Expand age-appropriate supportive for each U.S. Government Fiscal Year, infrastructure. counseling, psychosocial support, and and to review annual work plans and 10. Training faith-based leaders to preventive counseling for children, budgets for subsequent year, as part of encourage testing and partnering with adolescents and people with special the Emergency Plan for AIDS Relief CT providers to enable testing at places needs. Interventions should emphasize review and approval process for of worship. abstinence for youth and other Country Operational Plans, managed by 11. Ensuring that all of the above unmarried persons, mutual faithfulness the Office of the U.S. Global AIDS activities are undertaken in a manner and partner reduction for sexually Coordinator. Please note: Either HHS staff or staff consistent with and in support of the active adults, and correct and consistent from organizations that have five-year U.S. Government HIV/AIDS use of condoms by those whose successfully competed for funding strategy for the Emergency Plan and the behavior places them at risk for under a separate HHS contract, National Ministry of Health strategies. transmitting or becoming infected with cooperative agreement or grant will Work to link activities described here HIV.2 provide technical assistance and with related HIV care and other social 3. Facilitate the exchange of materials training. services in the area, and promote and expertise with regard to Measurable outcomes of the program coordination at all levels, including confidential counseling and testing will be in alignment with the following through bodies such as village, district, services for populations engaged in performance goals for the President’s regional and national HIV coordination high-risk behaviors. Emergency Plan: committees and networks of 4. Strengthen confidential counseling community-based, non-governmental and testing programs. A. Prevention and faith-based organizations. 5. Organize an orientation meeting with the grantee to brief them on Number of individuals trained to 12. Participate in relevant national provide HIV prevention interventions, technical coordination committees and 2 Behaviors that increase risk for HIV including abstinence, faithfulness, and, in national process(es) to define, transmission include engaging in casual sexual for populations engaged in high-risk implement and monitor simplified encounters, engaging in sex in exchange for money behaviors 3, correct and consistent small grants program(s) for faith- and or favors, having sex with an HIV-positive partner condom use. community-based organizations, to or one whose status is unknown, using drugs or abusing alcohol in the context of sexual ensure local stakeholders receive interactions, and using intravenous drugs. Women, 3 Behaviors that increase risk for HIV adequate information and assistance to even if faithful themselves, can still be at risk of transmission include engaging in casual sexual engage and access effectively funding becoming infected by their spouse, regular male encounters, engaging in sex in exchange for money opportunities supported by the partner, or someone using force against them. Other or favors, having sex with an HIV-positive partner high-risk persons or groups include men who have or one whose status is unknown, using drugs or President’s Emergency Plan and other sex with men and workers who are employed away abusing alcohol in the context of sexual donors. from home. Continued

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1. Abstinence (A) and Be Faithful (B). Fiscal Year Funds: FY 2005. • Have at least three years of • Number of community outreach Approximate Total Funding: $2–6.0 documented HIV/AIDS related program and/or mass media (radio) programs that million per year, over five years; or $30 implementation experience in any of the are A/B focused. million. (This amount is an estimate, following countries: Lesotho, South • Number of individuals reached and is subject to availability of funds.) Africa, and Swaziland. through community outreach and/or Approximate Number of Awards: • Have demonstrated expertise in the mass media (radio) programs that are A/ One. areas of direct HIV CT service delivery, B focused. Approximate Average Award: $1–2 AIDS prevention communications, and million for South Africa and $1–2 B. Care and Support social marketing in any of the following million for Swaziland and Lesotho. countries: Lesotho, South Africa, and 1. Confidential counseling and (This amount is for the first 12-month Swaziland. testing. budget period, and includes both direct • Be locally incorporated in any of • Number of patients who accept and indirect costs.) the following countries: Lesotho, South confidential counseling and testing in a Floor of Award Range: $1 million. Africa, and Swaziland. health-care setting. Ceiling of Award Range: $6.5 million. • U.S. Embassy collaboration in • Number of clients served, direct. (This ceiling is for the first 12-month • Swaziland and Lesotho will also be Number of people trained in budget period.) necessary. confidential counseling and testing, Anticipated Award Date: October 15, direct, including health-care workers. 2005. III.2. Cost Sharing or Matching Funds 2. Orphans and Vulnerable Children Budget Period Length: 12 months. Matching funds are not required for (OVC). Project Period Length: Five years. this program. Although matching funds Number of service outlets/programs, Throughout the project period, CDC’s are not required, preference will go to direct and/or indirect. commitment to continuation of awards organizations that can leverage • Number of clients (OVC) served, will be conditioned on the availability additional funds to contribute to direct and/or indirect. of funds, evidence of satisfactory program goals. • Number of persons trained to serve progress by the recipient (as OVC, direct. documented in required reports and III.3. Other 3. Palliative Care: Basic Health Care input from recipient government If you request a funding amount and Support. agencies), and the determination that greater than the ceiling of the award • Number of service outlets/programs continued funding is in the best interest range, your application will be that provide palliative care, direct and/ of the Federal Government, through the considered non-responsive, and will not or indirect. Emergency Plan for AIDS Relief review • Number of service outlets/programs be entered into the review process. You and approval process for Country will be notified that your application that link HIV care with malaria and Operational Plans, managed by the tuberculosis care and/or referral, direct did not meet the submission Office of the U.S. Global AIDS requirements. and/or indirect. Coordinator. • Number of clients served with Special Requirements: palliative care, direct and/or indirect. III. Eligibility Information If your application is incomplete or • non-responsive to the special Number of persons trained in III.1. Eligible Applicants providing palliative care, direct. requirements listed in this section, it Applications may be submitted by: will not enter into the review process. C. HIV Treatment With ART • Public nonprofit organizations. We will notify you that your application • • Number of clients enrolled in ART, Private nonprofit organizations. did not meet submission requirements. • • direct and indirect. Universities. HHS/CDC will consider late • • Colleges. applications to be non-responsive. See Number of persons trained in • providing ART, direct. For profit organizations. section ‘‘IV.3. Submission Dates and • Small, minority-owned, or women- Times’’ for more information on D. Strategic Information owned businesses. deadlines. • • Community-based organizations. • Note: Title 2 of the United States Number of persons trained in • Research institutions. Code Section 1611 states that an strategic information, direct. • Hospitals. organization described in Section E. Expanded Indigenous Sustainable • Faith-based organizations. 501(c)(4) of the Internal Revenue Code Response • Federally recognized Indian tribal that engages in lobbying activities is not • governments. Project-specific quantifiable • eligible to receive Federal funds milestones to measure: Indian tribes. constituting an award, grant, or loan. • Indian tribal organizations. a. Indigenous capacity-building. • b. Progress toward sustainability. State and local governments or their IV. Application and Submission Bona Fide Agents (this includes the Information II. Award Information District of Columbia, the IV.1. Address to Request Application Commonwealth of Puerto Rico, the Type of Award: Cooperative Package Agreement. Virgin Islands, the Commonwealth of CDC involvement in this program is the Northern Marianna Islands, To apply for this funding opportunity listed in the Activities Section above. American Samoa, Guam, the Federated use application form PHS 5161. States of Micronesia, the Republic of the HHS strongly encourages you to interactions, and using intravenous drugs. Women, Marshall Islands, and the Republic of submit your application electronically even if faithful themselves, can still be at risk of Palau). by using the forms and instructions becoming infected by their spouse, regular male • Political subdivisions of States (in posted for this announcement at http:// partner, or someone using force against them. Other high-risk persons or groups include men who have consultation with States). www.grants.gov. sex with men and workers who are employed away Applicants must meet the criteria Application forms and instructions from home. listed below: are available on the HHS/CDC Web site,

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at the following Internet address: http:// • HIV Counseling and Testing Staff an e-mail notice of receipt when HHS/ www.cdc.gov/od/pgo/forminfo.htm. Training Curricula. CDC receives the application. If you do not have access to the • Applicant’s Corporate Capability If you submit your application by the Internet, or if you have difficulty Statement. United States Postal Service or accessing the forms on-line, you may • Letter of Support. commercial delivery service, you must contact the CDC Procurement and The budget justification will not ensure the carrier will be able to Grants Office Technical Information count in the narrative page limit. guarantee delivery by the closing date Management Section (PGO–TIM) staff Although the narrative addresses and time. If HHS/CDC receives your at: 770–488–2700. We can e-mail activities for the entire project, the submission after closing because of: (1) application forms to you. applicant should provide a detailed Carrier error, when the carrier accepted the package with a guarantee for IV.2. Content and Form of Submission budget only for the first year of activities, while addressing budgetary delivery by the closing date and time, or Application: You must submit a plans for subsequent years. (2) significant weather delays or natural project narrative with your application You must have a Dun and Bradstreet disasters, you will have the opportunity forms. You must submit the narrative in Data Universal Numbering System to submit documentation of the carriers the following format: guarantee. If the documentation verifies • (DUNS) number to apply for a grant or Maximum number of pages: 25—If cooperative agreement from the Federal a carrier problem, HHS/CDC will your narrative exceeds the page limit, government. The DUNS number is a consider the submission as received by we will only review the first pages nine-digit identification number, which the deadline. within the page limit. uniquely identifies business entities. If you submit a hard copy application, • Font size: 12 point unreduced. HHS/CDC will not notify you upon • Obtaining a DUNS number is easy, and Double-spaced. receipt of your submission. If you have • Paper size: 8.5 by 11 inches. there is no charge. To obtain a DUNS • number, access http:// a question about the receipt of your Page margin size: One inch. application, first contact your courier. If • Pages should be numbered. www.dunandbradstreet.com or call 1– you still have a question, contact the • Printed only on one side of page. 866–705–5711. • Appendices may be included. For more information, see the HHS/ PGO–TIM staff at: 770–488–2700. Before • Held together only by rubber bands CDC Web site at: http://www.cdc.gov/ calling, please wait two to three days or metal clips; not bound in any other od/pgo/funding/pubcommt.htm. after the submission deadline. This will way. If your application form does not have allow time for us to process and log • Submitted in English. a DUNS number field, please write your submissions. Your narrative should address DUNS number at the top of the first This announcement is the definitive activities to conduct over the entire page of your application, and/or include guide on application content, project period, and must include the your DUNS number in your application submission address, and deadline. It following items in the order listed: cover letter. supersedes information provided in the • Project Context and Background Additional requirements that could application instructions. If your (Understanding and Need). require you to submit additional submission does not meet the deadline • Project Strategy—Description and documentation with your application above, it will not be eligible for review, Methodologies. are listed in section ‘‘VI.2. and we will discard it. We will notify • Project Goals. Administrative and National Policy you that you did not meet the • Project Outputs. Requirements.’’ submission requirements. • Project Contribution to the Goals IV.4. Intergovernmental Review of and Objectives of the Emergency Plan IV.3. Submission Dates and Times Applications for AIDS Relief. Application Deadline Date: • Executive Order 12372 does not apply Work Plan and Description of September 29, 2005. Project Components and Activities. to this program. • Explanation of Deadlines: Performance Measures. Applications must be received in the IV.5. Funding Restrictions • Timeline (e.g., GANNT Chart). CDC Procurement and Grants Office by • Management of Project Funds and Restrictions, which you must take 4 p.m. Eastern Time on the deadline Reporting. into account while writing your budget, You may include additional date. are as follows: information in the application You may submit your application • Funds may not be used for research. appendices. The appendices will not electronically at http://www.grants.gov. • Reimbursement of pre-award costs count toward the narrative page limit. We consider applications completed is not allowed. • This additional information includes online through Grants.gov as formally Funds may be spent for reasonable the following: submitted when the applicant program purposes, including personnel, • Project Budget and Justification. organization’s Authorizing Official travel, supplies, and services. • Project Budget Notes. electronically submits the application to Equipment may be purchased if deemed • Job Descriptions. http://www.grants.gov. We will consider necessary to accomplish program • Testing Protocols. electronic applications as having met objectives; however, prior approval by • Overview of HIV Counseling and the deadline if the applicant CDC officials must be requested in Testing Quality Assurance Procedures, organization’s Authorizing Official has writing. both Internal and External. submitted the application electronically • All requests for funds contained in • HIV Counseling and Testing Quality to Grants.gov on or before the deadline the budget shall be stated in U.S. Assurance, Monitoring and Evaluation date and time. dollars. Once an award is made, CDC and Strategic Information Forms. If you submit your application will not compensate foreign grantees for • HIV Counseling and Testing electronically with Grants.gov, your currency exchange fluctuations through Referral Procedures and Forms. application will be electronically time/ the issuance of supplemental awards. • Mobile HIV Counseling and Testing date stamped, which will serve as • The costs that are generally Processes and Procedures. receipt of submission. You will receive allowable in grants to domestic

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organizations are allowable to foreign endorse or utilize a multisectoral Recipients’ compliance with this institutions and international approach to combating HIV/AIDS, or to section, ‘‘Prostitution and Related organizations, with the following endorse, utilize, or participate in a Activities,’’ is an express term and exception: With the exception of the prevention method or treatment condition of receiving U.S. Government American University, Beirut, and the program to which the recipient has a funds in connection with this World Health Organization, Indirect religious or moral objection. Any document, and any violation of it shall Costs will not be paid (either directly or information provided by recipients be grounds for unilateral termination by through sub-award) to organizations about the use of condoms as part of HHS of the agreement with HHS in located outside the territorial limits of projects or activities that are funded in connection with this document prior to the U.S. or to international connection with this document shall be the end of its term. The recipient shall organizations, regardless of their medically accurate and shall include the refund to HHS the entire amount location. public health benefits and failure rates furnished in connection with this • The applicant may contract with of such use. document in the event HHS determines other organizations under this program; In addition, any recipient must have the recipient has not complied with this however the applicant must perform a a policy explicitly opposing prostitution section, ‘‘Prostitution and Related substantial portion of the activities and sex trafficking. The preceding Activities.’’ (including program management and sentence shall not apply to any ‘‘exempt You can find guidance for completing operations, and delivery of prevention organizations’’ (defined as the Global your budget on the HHS/CDC Web site, services for which funds are required) Fund to Fight AIDS, Tuberculosis and at the following Internet address: http: relating to the management of sub-grants Malaria, the World Health Organization //www.cdc.gov/od/pgo/funding/ to local organizations and improving and its six Regional Offices, the budgetguide.htm. their capacity. • International AIDS Vaccine Initiative or IV.6. Other Submission Requirements You must obtain an annual audit of to any United Nations agency). these HHS/CDC funds (program-specific The following definition applies for Application Submission Address: audit) by a U.S. based audit firm with purposes of this clause: international branches and current HHS/CDC strongly encourages you to • Sex trafficking means the licensure/authority in-country, and in submit electronically at: http:// recruitment, harboring, transportation, accordance with International www.grants.gov. You will be able to provision, or obtaining of a person for Accounting Standards or equivalent download a copy of the application the purpose of a commercial sex act. 22 standards(s) approved in writing by package from http://www.grants.gov, U.S.C. 7102(9). HHS/CDC. complete it offline, and then upload and • A fiscal Recipient Capability All recipients must insert provisions submit the application via the Assessment may be required, prior to or implementing the applicable parts of Grants.gov site. We will not accept e- post award, to review the applicant’s this section, ‘‘Prostitution and Related mail submissions. If you are having business management and fiscal Activities,’’ in all subagreements under technical difficulties in Grants.gov, you capabilities regarding the handling of this award. These provisions must be may reach customer support by e-mail U.S. Federal funds. express terms and conditions of the at [email protected], or by phone at 1– • Needle Exchange—No funds subagreement, must acknowledge that 800–518–4726 (1–800–518–GRANTS). appropriated under this Act shall be compliance with this section, The Customer Support Center is open used to carry out any program of ‘‘Prostitution and Related Activities,’’ is from 7 a.m. to 9 p.m. eastern time, distributing sterile needles or syringes a prerequisite to receipt and Monday through Friday. for the hypodermic injection of any expenditure of U.S. government funds HHS/CDC recommends that you illegal drug. in connection with this document, and submit your application to Grants.gov must acknowledge that any violation of early enough to resolve any Prostitution and Related Activities the provisions shall be grounds for unanticipated difficulties prior to the The U.S. Government is opposed to unilateral termination of the agreement deadline. You may also submit a back- prostitution and related activities, prior to the end of its term. Recipients up paper submission of your which are inherently harmful and must agree that HHS may, at any application. We must receive any such dehumanizing, and contribute to the reasonable time, inspect the documents paper submission in accordance with phenomenon of trafficking in persons. and materials maintained or prepared the requirements for timely submission Any entity that receives, directly or by the recipient in the usual course of detailed in Section IV.3. of the grant indirectly, U.S. Government funds in its operations that relate to the announcement. connection with this document organization’s compliance with this You must clearly mark the paper (‘‘recipient’’) cannot use such U.S. section, ‘‘Prostitution and Related submission: ‘‘BACK-UP FOR Government funds to promote or Activities.’’ ELECTRONIC SUBMISSION.’’ advocate the legalization or practice of All prime recipients that receive U.S. The paper submission must conform prostitution or sex trafficking. Nothing Government funds (‘‘prime recipients’’) to all requirements for non-electronic in the preceding sentence shall be in connection with this document must submissions. If we receive both construed to preclude the provision to certify compliance prior to actual electronic and back-up paper individuals of palliative care, treatment, receipt of such funds in a written submissions by the deadline, we will or post-exposure pharmaceutical statement that makes reference to this consider the electronic version the prophylaxis, and necessary document (e.g., ‘‘[Prime recipient’s official submission. pharmaceuticals and commodities, name] certifies compliance with the We strongly recommended that you including test kits, condoms, and, when section, ‘Prostitution and Related submit your grant application by using proven effective, microbicides. A Activities.’’’) addressed to the agency’s Microsoft Office products (e.g., recipient that is otherwise eligible to grants officer. Such certifications by Microsoft Word, Microsoft Excel, etc.). If receive funds in connection with this prime recipients are prerequisites to the you do not have access to Microsoft document to prevent, treat, or monitor payment of any U.S. Government funds Office products, you may submit a PDF HIV/AIDS shall not be required to in connection with this document. file. You may find directions for

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creating PDF files on the Grants.gov web the five-year strategy of the President’s V.3. Anticipated Announcement and site. Use of files other than Microsoft Emergency Plan and activities that are Award Dates Office or PDF could make your file evidence-based, realistic, achievable, October 15, 2005. unreadable for our staff. measurable and culturally appropriate VI. Award Administration Information OR in Lesotho, South Africa and Swaziland to achieve the goals of the Emergency VI.1. Award Notices Submit the original and two hard Plan? Successful applicants will receive a copies of your application by mail or 4. Capacity-Building (15 points): Does Notice of Award (NoA) from the HHS/ express delivery service to the following the applicant describe a plan to CDC Procurement and Grants Office. address: progressively build the indigenous The NoA shall be the only binding, Technical Information Management— capacity of local organizations and of authorizing document between the AA239, CDC Procurement and Grants target beneficiaries and communities to recipient and HHS/CDC. An authorized Office, U.S. Department of Health and respond to the epidemic, such that, if Grants Management Officer will sign the Human Services, 2920 Brandywine the applicant is not an national NoA, and mail it to the recipient fiscal Road, Atlanta, GA 30341. organization, at the end of the project officer identified in the application. V. Application Review Information period the applicant can turn over Unsuccessful applicants will receive management of the project to a local V.1. Criteria notification of the results of the partner or partners? application review by mail. Applicants must provide measures of 5. Administrative and Accounting effectiveness that will demonstrate the Plan (15 points): Is there a plan to VI.2. Administrative and National accomplishment of the various prepare reports, monitor and evaluate Policy Requirements identified objectives of the cooperative activities, audit expenditures and 45 CFR Part 74 and Part 92. agreement. Measures of effectiveness manage the resources of the program? For more information on the Code of must relate to the performance goals 6. Budget (not scored): Is the budget Federal Regulations, see the National stated in the ‘‘Purpose’’ section of this itemized, well-justified and consistent Archives and Records Administration at announcement. Measures must be with the five-year strategy and goals of the following Internet address: http:// objective and quantitative, and must the President’s Emergency Plan and www.access.gpo.gov/nara/cfr/cfr-table- measure the intended outcome. Emergency Plan activities in Lesotho, search.html. Applicants must submit these measures South Africa and Swaziland? The following additional of effectiveness must be submitted with requirements apply to this project: the application and they will be an V.2. Review and Selection Process • AR–4 HIV/AIDS Confidentiality element of evaluation. The HHS/CDC Procurement and Provisions. • AR–5 HIV Program Review Panel We will evaluate your application Grants Office (PGO) staff will review Requirements. will be evaluated against the following applications for completeness, and HHS criteria: • AR–7 Executive Order 12372. Global AIDS program will review them • AR–8 Public Health System 1. Ability to Carry Out the Proposal for responsiveness. Incomplete (25 points). Reporting Requirements. applications and applications that are • AR–14 Accounting System Does the applicant demonstrate the non-responsive to the eligibility criteria local experience and capability to Requirements. will not advance through the review • AR–15 Proof of Non-Profit Status. achieve the goals of the project? Do the process. Applicants will receive Applicants can find additional staff members have appropriate notification that their application did information on these requirements on experience? Are the staff roles clearly not meet submission requirements. the HHS/CDC Web site at the following defined? Does the applicant currently An objective review panel will Internet address: http://www.cdc.gov/ have the capacity to reach rural evaluate complete and responsive od/pgo/funding/ARs.htm. populations in Lestho, South Africa and applications according to the criteria You need to include an additional Swaziland despite the complex political listed in the ‘‘V.1. Criteria’’ section Certifications form from the PHS 5161– situation? above. All persons who serve on the 1 application in your Grants.gov 2.2. Understanding the issues, panel will be external to the U.S. electronic submission only. Please refer principles and systems requirements Government Country Program Office. to http://www.cdc.gov/od/pgo/funding/ involved in carrying out the project and The panel may include both Federal and PHS5161-1-Certificates.pdf. Once you fitting into the five-year strategy and non-Federal participants. have filled out the form, please attach it goals of the President’s Emergency Plan In addition, the following factors to your Grants.gov submission as Other (25 points): Does the applicant Attachment Forms. demonstrate an understanding of the could affect the funding decision: national cultural and political context It is possible for one organization to VI.3. Reporting Requirements and the technical and programmatic apply as lead grantee with a plan that You must provide HHS/CDC with an areas covered by the project? Does the includes partnering with other original, plus two hard copies, of the applicant display knowledge of the five- organizations, preferably local. following reports (in English). year strategy and goals of the President’s Although matching funds are not 1. Interim progress report, due no less Emergency Plan, such that it can build required, preference will be go to than 90 days before the end of the on these to develop a comprehensive, organizations that can leverage budget period. The progress report will collaborative project to reach additional funds to contribute to serve as your non-competing underserved populations in Lesotho, program goals. continuation application, and must South Africa and Swaziland and meet Applications will be funded in order contain the following elements: the goals of the Emergency Plan? by score and rank determined by the a. Current Budget Period Activities 3. Work Plan (20 points): Does the review panel. HHS/CDC will provide Objectives. applicant describe strategies that are justification for any decision to fund out b. Current Budget Period Financial pertinent and match those identified in of rank order. Progress.

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c. New Budget Period Program Dated: August 31, 2005. risk behavior 1 have adequate access to Proposed Activity Objectives. William P. Nichols, screening, treatment, and care facilities. d. Budget. Director, Procurement and Grants Office, Haiti’s HIV prevalence rate in adults is Centers for Disease Control and Prevention, reported to be 5.6 percent, according to e. Measures of Effectiveness, U.S. Department of Health and Human the 2004 Annual Report of the Joint including progress against the Services. United Nations Programme on HIV/ numerical goals of the President’s [FR Doc. 05–17666 Filed 9–6–05; 8:45 am] AIDS (UNAIDS). Access to prevention Emergency Plan for AIDS Relief for BILLING CODE 4163–18–P and treatment is limited among the South Africa. Haitian population because of an f. Additional Requested Information. underdeveloped public health DEPARTMENT OF HEALTH AND 2. Annual progress report, due no infrastructure and a lack of clinical HUMAN SERVICES more than 60 days after the end of the capacity. This cooperative agreement seeks to budget period. Reports should include Centers for Disease Control and fund HIV/AIDS education, prevention, progress against the numerical goals of Prevention the President’s Emergency Plan for and treatment activities targeted at AIDS Relief for South Africa. Strengthening and Expanding HIV/ prostitutes and their associated sexual partners in Haiti, including by 3. Financial status report, due no AIDS Treatment, Care and Support for Prostitutes and Their Associated discouraging men from visiting more than 90 days after the end of the prostitutes. Extremely high-risk groups budget period. Sexual Partners in the Republic of Haiti as Part of the President’s Emergency are a priority for the national prevention 4. Final financial and performance Plan for AIDS Relief effort in Haiti. reports, no more than 90 days after the Prostitutes and their associated sexual end of the project period. Announcement Type: New. partners have received little to no Recipients must mail these reports to Funding Opportunity Number: CDC– attention in the Haitian national the Grants Management or Contract RFA–AA158. prevention effort to stop the spread of Specialist and Program Technical HIV/AIDS. Prostitutes in Haiti engage in Catalog of Federal Domestic an illegal profession, and are thus very Assistance Project Officer listed in the Assistance Number: 93.067. ‘‘Agency Contacts’’ section of this secretive and loosely organized through announcement. Key Dates: Application Deadline: informal and often clandestine September 29, 2005. networks, and establishing a VII. Agency Contacts I. Funding Opportunity Description relationship with them to provide education, prevention, care and We encourage inquiries concerning Authority: This program is authorized treatment is very difficult. This high- this announcement. under sections 301(a) and 307 of the risk population needs to be much more For general questions, contact: Public Health Service Act [42 U.S.C. engaged in the national prevention Technical Information Management sections 241 and 2421] as amended, and effort against the spread of HIV/AIDS in Section, CDC Procurement and Grants under Public Law 108–25 (United States Haiti. Office, U.S. Department of Health and Leadership Against HIV/AIDS, Under the leadership of the U.S. Human Services, 2920 Brandywine Tuberculosis and Malaria Act of 2003) Global AIDS Coordinator, as part of the Road, Atlanta, GA 30341, Telephone: [22 U.S.C. 7601]. President’s Emergency Plan, the U.S. 770–488–2700. Background: President Bush’s Department of Health and Human For program technical assistance, Emergency Plan for AIDS Relief has Services (HHS) works with host contact: Melanie Duckworth, Project called for immediate, comprehensive countries and other key partners to Officer, HHS/CDC Global AIDS and evidence-based action to turn the assess the needs of each country and Program, 9300 Pretoria Place, tide of global HIV/AIDS. The initiative design a customized program of Washington, DC 20521–9300, aims to treat more than two million assistance that fits within the host Telephone: 27 12 346 0170, E-mail: HIV-infected people with effective nation’s strategic plan. [email protected]. combination anti-retroviral therapy by HHS focuses on two or three major For financial, grants management, or 2008; care for ten million HIV-infected program areas in each country. Goals and affected persons, including those and priorities include the following: budget assistance, contact: Shirley • Wynn, Contract Specialist, CDC orphaned by HIV/AIDS, by 2008; and Achieving primary prevention of Procurement and Grants Office, U.S. prevent seven million infections by HIV infection through activities such as Department of Health and Human 2010, with a focus on 15 priority expanding confidential counseling and Services, 2920 Brandywine Road, countries, including 2 in the Caribbean. testing programs, building programs to Atlanta, GA 30341, Telephone: 770– The five-year strategy for the Emergency reduce mother-to-child transmission, 488–1515, E-mail: [email protected]. Plan is available at the following and strengthening programs to reduce Internet address: http://www.state.gov/s/ VIII. Other Information gac/rl/or/c11652.htm. 1 Behaviors that increase risk for HIV Over the same time period, as part of transmission including engaging in casual sexual Applicants can find this and other encounters, engaging in sex in exchange for money HHS funding opportunity a collective national response, the or favors, having sex with an HIV-positive partner Emergency Plan goals specific to Haiti or one whose status is unknown, using drugs or announcements on the HHS/CDC Web abusing alcohol in the context of sexual site, Internet address: http:// are to treat at least 25,000 HIV-infected individuals; care for 125,000 HIV- interactions, and using intravenous drugs. Women, www.cdc.gov (Click on ‘‘Funding’’ then even if faithful themselves, can still be at risk of ‘‘Grants and Cooperative Agreements’’), affected individuals, including orphans. becoming infected by their spouse, regular male Purpose: An essential element of partner, or someone using force against them. Other and on the Web site of the HHS Office high-risk persons or groups include men who have of Global Health Affairs, Internet preventing new cases of HIV in Haiti is sex with men and workers who are employed away address: http://www.globalhealth.gov. to ensure that groups engaged in high- from home.

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transmission via blood transfusion and policies and goals outlined in the five- Global AIDS Coordinator in a timely medical injections. year strategy for the President’s manner. • Improving the care and treatment of Emergency Plan. 5. Ensure that program objectives and HIV/AIDS, sexually transmitted diseases The grantee will produce an annual work plan take into account and are (STDs) and related opportunistic operational plan in the context of this consistent with regional U.S. infections by improving STD four-year plan, which the U.S. Government efforts to monitor and management; enhancing care and Government Emergency Plan team on combat trafficking in persons. Awardee treatment of opportunistic infections, the ground in Haiti will review as part must be prepared to work with other including tuberculosis (TB); and of the annual Emergency Plan for AIDS organizations funded by the U.S. initiating programs to provide anti- Relief Country Operational Plan review Government to conduct anti-trafficking retroviral therapy (ART). and approval process managed by the programs in the Carribean region, • Strengthening the capacity of Office of the U.S. Global AIDS especially in the border area between countries to collect and use surveillance Coordinator. The grantee may work on Haiti and the Dominican Republic. data and manage national HIV/AIDS some of the activities listed below in the Based on its competitive advantage programs by expanding HIV/STD/TB first year and in subsequent years, and and proven field experience, the surveillance programs and then progressively add others from the winning applicant will undertake a strengthening laboratory support for list to achieve all of the Emergency Plan broad range of activities to meet the surveillance, diagnosis, treatment, performance goals, as cited in the numerical Emergency Plan targets disease-monitoring and HIV screening previous section. HHS/CDC, under the outlined in this announcement. for blood safety. guidance of the U.S. Global AIDS Administration: The winning Measurable outcomes of the program Coordinator, will approve funds for applicant must comply with all HHS will be in alignment with the numerical activities on an annual basis, based on management requirements for meeting goals of the President’s Emergency Plan documented performance toward participation and progress and financial for AIDS Relief and with one (or more) achieving Emergency Plan goals, as part reporting for this cooperative agreement of the following performance goal(s) for of the annual Emergency Plan for AIDS (See HHS Activities and Reporting the National Center for HIV, STD and Relief Country Operational Plan review sections below for details), and comply TB Prevention (NCHSTP) of the Centers and approval process. with all policy directives established by for Disease Control and Prevention Awardee Activities for this program the Office of the U.S. Global AIDS (CDC) within HHS: Increase the are as follows: Coordinator. proportion of HIV-infected people who 1. Establish anonymous clinics in In a cooperative agreement, HHS staff are linked to appropriate prevention, Haiti for populations engaged in high- is substantially involved in the program care and treatment services; strengthen risk behavior 2 to address prevention, activities, above and beyond routine the capacity nationwide to monitor the treatment and care to decrease the grant monitoring. epidemic; develop and implement transmission of HIV/AIDS. HHS Activities for this program are as effective HIV prevention interventions; 2. Develop targeted local-language follows: and evaluate prevention programs. campaigns in Haiti to promote 1. Organize an orientation meeting This announcement is only for non- prevention, care and treatment for with the grantee to brief it on applicable research activities supported by HHS, prostitutes and their sexual partners, U.S. Government, HHS, and Emergency including the Centers for Disease including to discourage men from Plan expectations, regulations and key Control and Prevention (CDC). If an visiting prostitutes. Awardees may not management requirements, as well as applicant proposes research activities, implement condom social marketing report formats and contents. The HHS will not review the application. aimed at prostitutes without promoting orientation could include meetings with For the definition of ‘‘research,’’ please abstinence and faithfulness messages to staff from HHS agencies and the Office see the HHS/CDC Web site at the current and potential clients of of the U.S. Global AIDS Coordinator. following Internet address: http:// prostitutes. 2. Review and approve the process www.cdc.gov/od/ads/opspoll1.htm. 3. Develop referral networks with used by the grantee to select key Activities: The recipient of these local Haitian organizations (including personnel and/or post-award funds is responsible for activities in faith-based groups) that provide subcontractors and/or subgrantees to be multiple program areas designed to advanced care and treatment and involved in the activities performed target underserved populations in Haiti. support for HIV-positive persons. under this agreement, as part of the Either the awardee will implement 4. Develop and implement an Emergency Plan for AIDS Relief Country activities directly or will implement effective monitoring and evaluation Operational Plan review and approval them through its subgrantees and/or strategy according to the strategic- process, managed by the Office of the subcontractors; the awardee will retain information guidelines established by U.S. Global AIDS Coordinator. overall financial and programmatic the Office of the Global AIDS 3. Review and approve grantee’s management under the oversight of Coordinator, and report the required annual work plan and detailed budget, HHS/CDC and the strategic direction of indicators to the Office of the U.S. as part of the Emergency Plan for AIDS the Office of the U.S. Global AIDS Relief Country Operational Plan review Coordinator. The awardee must show a 2 Behaviors that increase risk for HIV and approval process, managed by the measurable progressive reinforcement of transmission including engaging in casual sexual Office of the U.S. Global AIDS the capacity of indigenous organizations encounters, engaging in sex in exchange for money Coordinator. and local communities to respond to the or favors, having sex with an HIV-positive partner 4. Review and approve grantee’s or one whose status is unknown, using drugs or national HIV epidemic, as well as abusing alcohol in the context of sexual monitoring and evaluation plan, progress towards the sustainability of interactions, and using intravenous drugs. Women, including for compliance with the activities. even if faithful themselves, can still be at risk of strategic information guidance Applicants should describe activities becoming infected by their spouse, regular male established by the Office of the U.S. partner, or someone using force against them. Other in detail as part of a four-year action high-risk persons or groups include men who have Global AIDS Coordinator. plan (U.S. Government Fiscal Years sex with men and workers who are employed away 5. Meet on a monthly basis with 2005–2008 inclusive) that reflects the from home. grantee to assess monthly expenditures

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in relation to approved work plan and performance goals for the Emergency E. Expanded Indigenous Sustainable modify plans as necessary. Plan: Response 6. Meet on a quarterly basis with • Project-specific quantifiable grantee to assess quarterly technical and A. Prevention milestones to measure the following: financial progress reports and modify Number of individuals trained to a. Indigenous capacity-building. plans as necessary. provide HIV prevention interventions, b.Progress toward sustainability. 7. Meet on an annual basis with including abstinence, faithfulness, and, grantee to review annual progress report for populations engaged in high-risk II. Award Information behaviors,3 correct and consistent for each U.S. Government Fiscal Year, Type of Award: Cooperative and to review annual work plans and condom use. 1. Abstinence (A) and Be Faithful (B) Agreement. budgets for subsequent year, as part of HHS involvement in this program is the Emergency Plan for AIDS Relief • Number of community outreach and/or mass media (radio) programs that listed in the Activities Section above. review and approval process for Fiscal Year Funds: 2005. Country Operational Plans, managed by are A/B focused • Approximate Total Funding: the Office of the U.S. Global AIDS Number of individuals reached through community outreach and/or $2,250,000 (This amount is an estimate, Coordinator. and is subject to availability of funds). 8. Provide technical assistance, as mass media (radio) programs that are A/ Approximate Number of Awards: mutually agreed upon, and revise B focused. One. annually during validation of the first B. Care and Support Approximate Average Award: and subsequent annual work plans. This $450,000 (This amount is for the first could include expert technical 1. Confidential counseling and testing • 12-month budget period, and includes assistance and targeted training Number of patients who accept direct costs.) activities in specialized areas, such as confidential counseling and testing in a health-care setting. Floor of Award Range: $400,000. strategic information, project • Number of clients served, direct. Ceiling of Award Range: $450,000 management, confidential counseling • Number of people trained in (This ceiling is for the first 12 month and testing, palliative care, treatment confidential counseling and testing, budget period.) literacy, and adult learning techniques. direct, including health-care workers. Anticipated Award Date: October 15, 9. Provide in-country administrative 2. Orphans and Vulnerable Children 2005. support to help grantee meet U.S. (OVC) Budget Period Length: 12 months. Government financial and reporting Number of service outlets/programs, Project Period Length: Five years. requirements. direct and/or indirect. Throughout the project period, HHS’ 10. Provide equipment and • Number of clients (OVC) served, commodities for new partner clinics commitment to continuation of awards direct and/or indirect. will be conditioned on the availability acquired through a transparent and • Number of persons trained to serve competitive process. of funds, evidence of satisfactory OVC, direct. progress by the recipient (as 11. Provide funds to renovate three 3. Palliative Care: Basic Health Care documented in required reports), and existing clinics that provide care to and Support prostitutes and their associated sexual • Number of service outlets/programs the determination that continued partners. that provide palliative care, direct and/ funding is in the best interest of the 12. Provide drugs to treat sexually or indirect. Federal Government, through the transmitted infections (STI) and • Number of service outlets/programs Emergency Plan for AIDS Relief review opportunistic infections (OI), acquired that link HIV care with malaria and and approval process for Country through a transparent and competitive tuberculosis care and/or referral, direct Operational Plans, managed by the process. and/or indirect. Office of the U.S. Global AIDS 13. Support an electronic medical • Number of clients served with Coordinator. record (EMR) database system; provide palliative care, direct and/or indirect. III. Eligibility Information and support a surveillance database • Number of persons trained in system for case notification. providing palliative care, direct. III.1. Eligible Applicants 14. Provide and install hardware C. HIV Treatment with ART Public and private non-profit and for- necessary for the use of database • profit organizations may submit systems, and provision of technical Number of clients enrolled in ART, applications, such as: assistance on database use and direct and indirect. • Public, non-profit organizations • Number of persons trained in maintenance needs. • Private, non-profit organizations providing ART, direct. 15. Support operational research, and • For-profit organizations technical assistance for operational D. Strategic Information • Small, minority-owned, and research. • women-owned businesses 16.Support the annual technical Number of persons trained in • strategic information, direct. Colleges review of service delivery programs of • Universities new clinics. • Hospitals 17. Assist in organizing partner 3 Behaviors that increase risk for HIV transmission including engaging in casual sexual • Community-based organizations network meetings. (Such support will encounters, engaging in sex in exchange for money • Faith-based organizations not include financing.) or favors, having sex with an HIV-positive partner • Federally recognized Indian tribal or one whose status is unknown, using drugs or Please note: Either HHS staff or staff from abusing alcohol in the context of sexual governments organizations that have successfully interactions, and using intravenous drugs. Women, • Indian tribes competed for funding under a separate HHS even if faithful themselves, can still be at risk of • Indian tribal organizations contract, cooperative agreement or grant will becoming infected by their spouse, regular male • State and local governments or their provide technical assistance and training. partner, or someone using force against them. Other high-risk persons or groups include men who have Bona Fide Agents (this includes the Measurable outcomes of the program sex with men and workers who are employed away District of Columbia, the will be in alignment with the following from home. Commonwealth of Puerto Rico, the

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Virgin Islands, the Commonwealth of announcement on www.Grants.gov, the languages for prostitutes and their the Northern Marianna Islands, official Federal agency wide E-grant associated sexual partners, including by American Samoa, Guam, the Federated Web site. Only applicants who apply discouraging men from visiting States of Micronesia, the Republic of the on-line are permitted to forego paper prostitutes. Marshall Islands, and the Republic of copy submission of all application • Personnel—Recruit and hire clinic Palau) forms. personnel to provide a comprehensive In addition, applicants must meet the Paper Submission: Application forms HIV/AIDS service-delivery facility to criteria listed below: and instructions are available on the address the needs of the target 1. Be indigenous to Haiti HHS/CDC web site, at the following population. This should include STI 2. Have documented experience in Internet address: http://www.cdc.gov/ screening and treatment, confidential strengthening and expanding HIV/AIDS od/pgo/forminfo.htm. HIV testing and counseling, and treatment, care and support for If you do not have access to the referrals for care and treatment for HIV- prostitutes and their associated sexual Internet, or if you have difficulty positive persons. partners accessing the forms on-line, you may • Training—Coordinate local 3. Have established working contact the HHS/CDC Procurement and language training of local health care relationships with prostitutes and have Grants Office Technical Information professionals, including physicians, documented experience in providing Management Section (PGO–TIM) staff nurses, lab technicians, pharmacy care to them at: 770–488–2700. We can mail technicians, community health workers 4. Demonstrate current or past application forms to you. and peer educators, in the following: 1. STI screening and treatment capacity to coordinate activities with IV.2. Content and Form of Submission HHS and other agencies of the United training. States Government Application: You must submit a 2. Confidential counseling and testing project narrative with your application (CT). III.2. Cost Sharing or Matching Funds forms. The narrative must be submitted 3. Design and implementation of care. Matching funds are not required for in the following format: 4. Monitoring and evaluation of this program. Although matching funds • Maximum number of pages: 30. If programs. 5. Maintenance of laboratory are not required, preference will go to your narrative exceeds the page limit, equipment. organizations that can leverage only the first pages which are within the 6. Laboratory safety and proper additional funds to contribute to page limit will be reviewed. disposal of biohazardous materials program goals. • Font size: 12 point unreduced • Paper size: 8.5 by 11 inches protocol. III.3. Other • Page margin size: One inch 7. Use of universal precautions and • the management of needle-stick or If you request a funding amount Double spaced • splash injuries. greater than the ceiling of the award Numbered pages • Printed only on one side of page. 8. In-service trainings for lab range, your application will be • personnel to review new and best considered non-responsive, and will not Held together only by rubber bands or metal clips; not bound in any other practice techniques and solicit ‘‘insider enter into the review process. You will insight’’—an account of implementation be notified that your application did not way. • Application MUST be submitted in success, and challenges in an effort to meet the submission requirements. identify gaps in resources or Special Requirements: If your English. Your narrative should address effectiveness of particular protocols. application is incomplete or non- • Laboratory Capacity—Provide basic responsive to the special requirements activities to be conducted over the entire project period, and must include laboratory services in support of HIV/ listed in this section, it will not enter AIDS diagnosis and treatment: into the review process. We will notify the following items in the order listed: • Executive Summary—Provide a 1. Perform CD4 counts. that your application did not meet clear and concise summary of the 2. Perform complete blood counts. submission requirements. proposed goals, major objectives and 3. Perform HIV rapid testing. • HHS will consider late applications 4. Perform confirmatory HIV/AIDS activities required for achievement of non-responsive. See section ‘‘IV.3. testing. program goals, and amount of funding Submission Dates and Times’’ for more 5. Test for sexually transmitted requested for budget year one of this information on deadlines. infections (STI). cooperative agreement. Additionally, • Note: Title 2 of the United States 6. Provide counseling of test results. provide an outline of goals and objective Code Section 1611 states that an 7. Provide referrals to appropriate to be addressed in years two through organization described in Section prevention, treatment care and support five. 501(c)(4) of the Internal Revenue Code services. • Need—Describe the need for such • that engages in lobbying activities is not Drugs and Commodities—Procure services in Haiti. Include any data on eligible to receive Federal funds drugs and commodities through a STI and HIV prevalence rates. constituting an award, grant, or loan. transparent and competitive process: • Capacity—Demonstrate the current 1. STI drugs for HIV-positive persons. IV. Application and Submission capability/capacity of organization. 2. Condoms. Awardees may not Information • Expansion—Identify and secure implement condom social marketing appropriate (accessible and discreet) aimed at prostitutes without also IV.1. Address to Request Application and suitable rental property for new promoting abstinence and faithfulness Package voluntary confidential counseling and messages to current and potential To apply for this funding opportunity testing (VCT) clinics in the following clients of prostitutes. use application form PHS 5161–1. locations: Cap Haı¨tien; Jacmel; (The awardees must obtain all Electronic Submission: HHS strongly Gonaı¨ves; or Saint Marc. The appropriate approvals required by HHS encourages the applicant to submit the confidential VCT clinics should be well- to purchase any medications.) application electronically by using the equipped to deliver prevention, care, • Outreach—Provide educational forms and instructions posted for this treatment, and referral in local services in awareness, prevention and

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treatment of HIV/AIDS among current evaluation strategies to assess electronic applications as having met and potential clients of prostitutes: programmatic effectiveness, including: the deadline if the applicant 1. Develop target population-specific 1. Number of the target population organization’s Authorizing Official has advertisement/health promotion accessing clinical care. submitted the application electronically strategies to make this population aware 2. Number of referrals made to to Grants.gov on or before the deadline of clinics through peer education and to appropriate prevention, treatment, and date and time. discourage them from visiting care and support care networks. If you submit your application prostitutes. 3. Number of prevention promotion electronically through Grants.gov, the 2. Establish baseline information activities held, including events to application will be electronically time/ regarding knowledge of HIV/AIDS discourage men from visiting date stamped, which will serve as transmission and sexual practices of the prostitutes. receipt of submission. You will receive target population. 4. Number and findings of participant an e-mail notice of receipt when HHS/ 3. Assess attitudes and behaviors evaluations. CDC receives the application. within the target population. You may include additional If you submit your application by the 4. Develop and implement long-term information in the application United States Postal Service or behavioral-change communication appendices. The appendices will not commercial delivery service, you must (BCC) campaigns, including to make count toward the narrative page limit. ensure that the carrier will be able to visiting prostitutes outside of This additional information includes: guarantee delivery by the closing date community social norms. • Budget Justification (for first year and time. If HHS/CDC receives your 5. Promote condom distribution and only) submission after closing because: (1) correct and consistent use for • Curriculum Vitas or Resumes Carrier error, when the carrier accepted populations engaged in high-risk • Organizational Charts the package with a guarantee for • behavior.4 Awardees may not Letters of Support delivery by the closing date and time; or implement condom social marketing The budget justification will not (2) significant weather delays or natural aimed at prostitutes without also count in the narrative page limit. disasters, you will have the opportunity promoting abstinence and faithfulness You must have a Dun and Bradstreet to submit documentation of the carrier’s messages to current and potential Data Universal Numbering System guarantee. If the documentation verifies clients of prostitutes. (DUNS) number to apply for a grant or a carrier problem, HHS/CDC will • Develop and implement behavior cooperative agreement from the Federal consider the submission as received by change strategies and long-term government. The DUNS number is a the deadline. campaigns, including information; nine-digit identification number, which If you submit a hard copy application, education and communication (IEC); uniquely identifies business entities. HHS/CDC will not notify you upon targeted accessibility planning; and Obtaining a DUNS number is easy, and receipt of your submission. If you have training programs for prostitutes who there is no charge. To obtain a DUNS a question about the receipt of your are seeking alternative means to address number, access http:// application, first contact your courier. If economic needs. www.dunandbradstreet.com or call 1– you still have a question, contact the • Management and Supervision— 866–705–5711. PGO–TIM staff at: 770–488–2700. Before Manage and supervise clinic operations For more information, see the HHS/ calling, please wait two to three days and staff who perform CD4 counts: CDC Web site at: http://www.cdc.gov/ after the submission deadline. This will 1. Implement report-writing od/pgo/funding/grantmain.htm. allow time for us to process and log requirements. If your application form does not have submissions. 2. Develop and implement a financial a DUNS number field, please write your This announcement is the definitive management system. DUNS number at the top of the first guide on application content, 3. Engage in strategic planning. page of your application, and/or include submission address, and deadline. It 4. Network with local partners within your DUNS number in your application supersedes information provided in the the private and public sector to ensure cover letter. application instructions. If your an effective patient referral system Additional requirements that could submission does not meet the deadline between confidential VCT and ART require you to submit additional above, it will not be eligible for review, networks for patients who test HIV- documentation with your application and we will be discard it. We will notify positive. are listed in section ‘‘VI.2. you that you did not meet the Cross-Border Collaboration: Recipient Administrative and National Policy submission requirements. will establish partnerships with Requirements.’’ IV.4. Intergovernmental Review of agencies in the bordering country of the IV.3. Submission Dates and Times Dominican Republic (DR) to provide Applications outreach to migrant prostitutes along the Application Deadline Date: Executive Order 12372 does not apply Haiti/DR border. Monitoring and September 29, 2005. to this program. Evaluation—Implement monitoring and Explanation of Deadlines: Applications must be received in the IV.5. Funding Restrictions 4 Behaviors that increase risk for HIV CDC Procurement and Grants Office by Restrictions, which you must take transmission including engaging in casual sexual 4 p.m. Eastern Time on the deadline into account while writing your budget, encounters, engaging in sex in exchange for money date. are as follows: or favors, having sex with an HIV-positive partner You may submit your application • Funds may not be used for research. or one whose status is unknown, using drugs or • abusing alcohol in the context of sexual electronically at www.grants.gov. We Reimbursement of pre-award costs interactions, and using intravenous drugs. Women, consider applications completed on-line is not allowed. even if faithful themselves, can still be at risk of through Grants.gov formally submitted • Antiretroviral Drugs—Funds becoming infected by their spouse, regular male when the applicant organization’s received from this announcement will partner, or someone using force against them. Other high-risk persons or groups include men who have Authorizing Official electronically not be used for the purchase of sex with men and workers who are employed away submits the application to antiretroviral drugs for treatment of from home. www.grants.gov. We will consider established HIV infection (with the

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exception of nevirapine in Prevention of dehumanizing, and contribute to the and materials maintained or prepared Mother-to-Child Transmission (PMTCT) phenomenon of trafficking in persons. by the recipient in the usual course of cases and with prior written approval), Any entity that receives, directly or its operations that relate to the occupational exposures, and non- indirectly, U.S. Government funds in organization’s compliance with this occupational exposures and will not be connection with this document section, ‘‘Prostitution and Related used for the purchase of machines and (‘‘recipient’’) cannot use such U.S. Activities.’’ reagents to conduct the necessary Government funds to promote or All prime recipients that receive U.S. laboratory monitoring for patient care. advocate the legalization or practice of Government funds (‘‘prime recipients’’) • Needle Exchange—No funds prostitution or sex trafficking. Nothing in connection with this document must appropriated under this act shall be in the preceding sentence shall be certify compliance prior to actual used to carry out any program of construed to preclude the provision to receipt of such funds in a written distributing sterile needles or syringes individuals of palliative care, treatment, statement that makes reference to this for the hypodermic injection of any or post-exposure pharmaceutical document (e.g., ‘‘[Prime recipient’s illegal drug. prophylaxis, and necessary name] certifies compliance with the • Funds may be spent for reasonable pharmaceuticals and commodities, section, ‘Prostitution and Related program purposes, including personnel, including test kits, condoms, and, when Activities.’’’) addressed to the agency’s travel, supplies, and services. proven effective, microbicides. grants officer. Such certifications by Equipment may be purchased if deemed A recipient that is otherwise eligible prime recipients are prerequisites to the necessary to accomplish program to receive funds in connection with this payment of any U.S. Government funds objectives; however, prior approval by document to prevent, treat, or monitor in connection with this document. CDC officials must be requested in HIV/AIDS shall not be required to Recipients’ compliance with this writing. endorse or utilize a multisectoral section, ‘‘Prostitution and Related • All requests for funds contained in approach to combating HIV/AIDS, or to Activities,’’ is an express term and the budget shall be stated in U.S. endorse, utilize, or participate in a condition of receiving U.S. Government dollars. Once an award is made, HHS/ prevention method or treatment funds in connection with this CDC will not compensate foreign program to which the recipient has a document, and any violation of it shall grantees for currency exchange religious or moral objection. Any be grounds for unilateral termination by fluctuations through the issuance of information provided by recipients HHS of the agreement with HHS in supplemental awards. about the use of condoms as part of connection with this document prior to • The costs that are generally projects or activities that are funded in the end of its term. The recipient shall allowable in grants to domestic connection with this document shall be refund to HHS the entire amount organizations are allowable to foreign medically accurate and shall include the furnished in connection with this institutions and international public health benefits and failure rates document in the event HHS determines organizations, with the following of such use. the recipient has not complied with this exception: With the exception of the In addition, any recipient must have section, ‘‘Prostitution and Related American University, Beirut, and the a policy explicitly opposing prostitution Activities.’’ World Health Organization, Indirect and sex trafficking. The preceding You may find guidance for Costs will not be paid (either directly or sentence shall not apply to any ‘‘exempt completing your budget on the HHS/ through sub-award) to organizations organizations’’ (defined as the Global CDC Web site, at the following Internet located outside the territorial limits of Fund to Fight AIDS, Tuberculosis and address: http://www.cdc.gov/od/pgo/ the United States or to international Malaria, the World Health Organization funding/budgetguide.htm. organizations regardless of their and its six Regional Offices, the IV. 6. Other Submission Requirements location. International AIDS Vaccine Initiative or • The applicant may contract with to any United Nations agency). Application Submission Address: other organizations under this program; The following definition applies for Electronic Submission: however, the applicant must perform a purposes of this clause: HHS/CDC strongly encourages substantial portion of the activities • Sex trafficking means the applicants to submit applications (including program management and recruitment, harboring, transportation, electronically at www.grants.gov. operations, and delivery of prevention provision, or obtaining of a person for Applicants can download the services for which funds are required). the purpose of a commercial sex act. 22 application package from • You must obtain an annual audit of U.S.C. § 7102(9). www.grants.gov. Applicants are able to these HHS/CDC funds (program-specific All recipients must insert provisions complete it off-line, and then upload audit) by a U.S.-based audit firm with implementing the applicable parts of and submit the application via the international branches and current this section, ‘‘Prostitution and Related Grants.gov web site. We will not accept licensure/authority in-country, and in Activities,’’ in all subagreements under e-mail submissions. If the applicant has accordance with International this award. These provisions must be technical difficulties in Grants.gov, the Accounting Standards or equivalent express terms and conditions of the applicant can reach customer service by standard(s) approved in writing by subagreement, must acknowledge that E-mail at [email protected] or by HHS/CDC. compliance with this section, phone at 1–800–518–4726 (1–800–518- • A fiscal Recipient Capability ‘‘Prostitution and Related Activities,’’ is GRANTS). The Customer Support Assessment may be required, prior to or a prerequisite to receipt and Center is open from 7 a.m. to 9 p.m. post award, to review the applicant’s expenditure of U.S. Government funds Eastern Time, Monday through Friday. business management and fiscal in connection with this document, and HHS/CDC recommends that submittal capabilities regarding the handling of must acknowledge that any violation of of the application to Grants.gov should U.S. Federal funds. the provisions shall be grounds for be early to resolve any unanticipated Prostitution and Related Activities: unilateral termination of the agreement difficulties prior to the deadline. The U.S. Government is opposed to prior to the end of its term. Recipients Applicants may also submit a back-up prostitution and related activities, must agree that HHS may, at any paper submission of the application. We which are inherently harmful and reasonable time, inspect the documents must receive any such paper submission

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in accordance with the requirements for Emergency Plan for AIDS Relief An objective review panel will timely submission detailed in Section Indicator Guide, found at http:// evaluate complete and responsive IV.3. of the grant announcement. You www.pepfarhaiti.com? Will the system applications according to the criteria must clearly mark the paper submission: generate financial and program reports listed in the ‘‘V.1. Criteria’’ section ‘‘BACK-UP FOR ELECTRONIC to show disbursement of funds, and above. All persons who serve on the SUBMISSION.’’ progress towards achieving the program panel will be external to the U.S. The paper submission must conform objectives of the President’s Plan for Government Country Program Office in to all requirements for non-electronic AIDS Relief? Haiti. The panel can include both submissions. If we receive both 3. Work Plan (20 Points) Federal and non-Federal participants. electronic and back-up paper Does the applicant describe strategies Applications will be funded in order submissions by the deadline, we will that are pertinent and match those by score and rank determined by the consider the electronic version the identified in the five-year strategy of the review panel. HHS/CDC will provide official submission. President’s Emergency Plan and justification for any decision to fund out We strongly recommend that the activities that are evidence-based, of rank order. applicant submit the grant application realistic, achievable, measurable and V.3. Anticipated Announcement and by using Microsoft Office products (e.g., culturally appropriate in Haiti to Award Dates Microsoft Word, Microsoft Excel, etc.). If achieve the goals of the Emergency the applicant does not have access to Plan? Is the plan adequate to carry out October 15, 2005. Microsoft Office products, the applicant the proposed objectives? How complete VI. Award Administration Information may submit a PDF file. The applicant and comprehensive is the plan for the may find directions for creating PDF on entire project period? Does the plan VI.1. Award Notices the Grants.gov web site. Use of file include quantitative process and Successful applicants will receive a formats other than Microsoft Office or outcome measures? Notice of Award (NoA) from the HHS/ PDF could make your file unreadable for 4. Methods (15 Points) CDC Procurement and Grants Office. our staff. Are the proposed methods feasible? The NoA shall be the only binding, OR To what extent will they accomplish the authorizing document between the Submit the original and two hard numerical goals of the President’s recipient and HHS/CDC. An authorized copies of your application by mail or Emergency Plan? Grants Management Officer will sign the express delivery service to the following 5. Personnel (15 Points) NoA, and mail it to the recipient fiscal address: Do the staff members have officer identified in the application. Technical Information Management- appropriate experience, including local Unsuccessful applicants will receive AA158, CDC Procurement and Grants language skills? Are the staff roles notification of the results of the Office, U.S. Department of Health and clearly defined? As described, will the application review by mail. Human Services, 2920 Brandywine staff be sufficient to accomplish the Road, Atlanta, GA 30341. program goals? VI.2. Administrative and National Policy Requirements V. Application Review Information 6. Eligibility (10 points) Organizations indigenous to Haiti Successful applicants must comply V.1. Criteria must have between three to five years of with the administrative requirements Applicants must provide measures of experience in provision of STI and HIV/ outlined in 45 CFR Part 74, as effectiveness that will demonstrate the AIDS care to prostitutes and their appropriate. accomplishment of the various associated sexual partners, and must The following additional identified objectives of the cooperative currently have high coverage in zones requirements apply to this project: agreement. Measures of effectiveness with rampant prostitution, including • AR–4 HIV/AIDS Confidentiality must relate to the performance goals along the border between Haiti and the Provisions stated in the ‘‘Purpose’’ section of this Dominican Republic. Organizations • AR–5 HIV Program Review Panel announcement. Measures must be must be willing and able to undertake Requirements objective and quantitative, and must campaigns to discourage men from • AR–6 Patient Care measure the intended outcome. visiting prostitutes. • AR–8 Public Health System Applicants must submit these measures 7. Budget and Justification (Reviewed, Reporting Requirements of effectiveness with the application, but not scored) • AR–9 Paperwork Reduction Act and they will be an element of Is the budget itemized, well justified Requirements evaluation. and consistent with the five-year • AR–10 Smoke-Free Workplace We will evaluate your application strategy and goals of the President’s Requirements against the following criteria: Emergency Plan and Emergency Plan • AR–25 Release and Sharing of 1. Need (20 Points) activities in Haiti? Data To what extent does the applicant Applicants may find additional justify the need for this program within V.2. Review and Selection Process information on these requirements on the target community? The HHS/CDC Procurement and the HHS/CDC web site at the following 2. Monitoring Evaluation and Grants Office (PGO) staff will review Internet address: http://www.cdc.gov/ Reporting (20 points) applications for completeness, and the od/pgo/funding/ARs.htm. Does the applicant describe a system HHS Global AIDS Program will review For more information on the Code of for reviewing and adjusting program them for responsiveness. Incomplete Federal Regulations, see the National activities based on monitoring applications and applications that are Archives and Records Administration at information? Does the plan include non-responsive to the eligibility criteria the following Internet address: http:// indicators developed for each program will not advance through the review www.access.gpo.gov/nara/cfr/cfr-table- milestone and incorporated into the process. Applicants will receive search.html. financial and programmatic reports? Are notification that their application did Applicants need to include an all the indicators drawn from the not meet submission requirements. additional Certifications form from the

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PHS5161–1 application in the Section, CDC Procurement and Grants and 242l], as amended, and under Public Grants.gov electronic submission only. Office, U.S. Department of Health and Law 108–25 (United States Leadership Applicants should refer to http:// Human Services, 2920 Brandywine against HIV/AIDS, Tuberculosis and Malaria www.cdc.gov/od/pgo/funding/ Road, Atlanta, GA 30341, Telephone: Act of 2004) [22 U.S.C. 7601]. Background: President Bush’s PHS5161–1-Certificates.pdf. Once the 770–488–2700. Emergency Plan for AIDS Relief has applicant has filled out the form, please For program technical assistance, called for immediate, comprehensive attach it to the Grants.gov submission as contact: Kathy Grooms, Country and evidence-based action to turn the Other Attachment Forms. Program Officer, CDC, NCHSTP, Global AIDS Program, U.S. Department of tide of global HIV/AIDS, and supports VI.3. Reporting Requirements Health and Human Services, 1600 programs in more than 100 countries. You must provide HHS/CDC with an Clifton Road, MS E–04, Atlanta, GA The five-year strategy for the Emergency original, plus two hard copies of the 30333, Telephone: 404–639–8394, Plan is available at the following following reports: Email: [email protected]. Internet address: http://www.state.gov/s/ 1. Interim progress report, due no less For financial, grants management, or gac/rl/or/c11652.htm. than 90 days before the end of the budget assistance, contact: Vivian In Brazil, the Emergency Plan seeks to budget period. The progress report will Walker, Grants Management Specialist, engage both governmental and non- serve as your non-competing CDC Procurement and Grants Office, governmental institutions at all levels to continuation application, and must U.S. Department of Health and Human bolster the already-robust provision of contain the following elements: Services, 2920 Brandywine Road, care and treatment to HIV-positive a. Current Budget Period Activities Atlanta, GA 30341, Telephone: 770– people, and to strengthen prevention and Objectives. 488–2724, E-mail: [email protected]. activities to avoid new cases of HIV. b. Current Budget Period Financial The U.S. Department of Health and Progress. VIII. Other Information Human Services (HHS) announces the c. New Budget Period Program Applicants can find this and other availability of Fiscal Year (FY) 2005 Proposed Activities and Objectives. HHS funding opportunity funds for a cooperative agreement to d. Budget and budget narrative with announcements on the HHS/CDC Web work with the National HIV/AIDS justification. site, Internet address: http:// Program of Brazil (National Program), e. Measures of Effectiveness, www.cdc.gov (Click on ‘‘Funding’’ then and Brazilian community-based and including progress against the ‘‘Grants and Cooperative Agreements’’), faith-based organizations, for the numerical goals of the President’s and on the Web site of the HHS Office improvement and expansion of HIV/ Emergency Plan for AIDS Relief for of Global Health Affairs, Internet AIDS prevention, care and support Haiti. address: http://www.globalhealth.gov. activities in Brazil. f. Additional Requested Information. Purpose: The purpose of this Dated: August 31, 2005. 2. Annual Progress Reports are due cooperative agreement is to provide a within 30 days of the end of each budget William P. Nichols, funding mechanism and management period. The report should detail Director, Procurement and Grants Office, support for HHS/CDC joint activities progress toward achieving program Centers for Disease Control and Prevention. with the Brazilian National AIDS milestones and projected next year [FR Doc. 05–17673 Filed 9–6–05; 8:45 am] Program and community-based and activities. You must be develop BILLING CODE 4163–18–P faith-based organizations in the area of indicators for each program milestone HIV/AIDS and associated diseases, and incorporate them into the annual including tuberculosis. Joint activities financial and programmatic reports. The DEPARTMENT OF HEALTH AND in Fiscal Year (FY) 2005 will focus on report should include progress against HUMAN SERVICES strengthening the capacity of the the numerical goals of the President’s Brazilian National AIDS Program in two Centers for Disease Control and of the following areas, through Emergency Plan AIDS Relief for Haiti. Prevention 3. Financial status report, no more cooperation between the award than 90 days after the end of the budget Improving HIV/AIDS Data Collection at recipient and the National Program and period. The financial report must show the National, State and Municipal HHS and its Brazilian and international obligations, disbursements and funds Levels in the Federative Republic of partners: (1) Adapting surveillance remaining by program activity. The Brazil Through Strengthening HIV infrastructure to respond to a applicant must develop indicators for Surveillance Infrastructure and concentrated epidemic; and (2) each program milestone and incorporate Building Capacity in the Use of Data broadening the skill base of Brazilian them into the periodic financial and for Program Evaluation and government and non-government programmatic reports. The applicant Assessment as Part of the President’s personnel, at the Federal, State, and must draw indicators from The Emergency Plan for AIDS Relief municipal levels, in the use of data for Emergency Plan Indicator Guide. program evaluation and assessment. 4. Final performance reports, no more Announcement Type: New. These collaborative activities could than 90 days after the end of the project Funding Opportunity Number: have a profound impact on the period. AA104. implementation of the Brazilian Recipients must mail these reports to Catalog of Federal Domestic National AIDS Plan, which calls for the Grants Management or Contract Assistance Number: 93.067. central-level policy formulation and Specialist listed in the ‘‘Agency Key Dates: decentralized implementation of Contacts’’ section of this announcement. Application Deadline: September 29, programs. Successful implementation of 2004. a sound monitoring and evaluation VII. Agency Contacts I. Funding Opportunity Description system (that includes improved research We encourage inquiries concerning capacity for program evaluation and this announcement. Authority: This program is authorized surveillance infrastructure), and the use For general questions, contact: under Sections 301(a) and 307 of the Public of this system, will improve collection Technical Information Management Health Service Act [42 U.S.C. Sections 241 of data to direct program design;

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determine the effectiveness of program management to the regional, budgets for subsequent year, as part of interventions; and substantially improve state and municipal levels, and in the Emergency Plan for AIDS Relief the ability to make sound policy working with non-governmental review and approval process for decisions. These activities will organizations, including faith-based Country Operational Plans, managed by strengthen ties between the Brazilian organizations. the Office of the U.S. Global AIDS National AIDS Program, states, In a cooperative agreement, HHS staff Coordinator. municipalities and non-governmental is substantially involved in the program 10. Provide technical assistance, as organizations (NGOs), including faith- activities, above and beyond routine mutually agreed upon, and revise based organizations, that work with grant monitoring. annually during validation of the first HIV/AIDS-related programs, and could HHS Activities for this program are as and subsequent annual work plans. This eventually lead to significant follows: could include expert technical improvements in coordination of HIV/ 1. Provide technical assistance to the assistance and targeted training AIDS prevention and care activities Brazilian National HIV/AIDS Program activities in specialized areas, such as country-wide. and community-based and faith-based strategic information, project Measurable outcomes of the program organizations to develop and implement management, confidential counseling will be in alignment with the five-year monitoring and evaluation activities, and testing, palliative care, treatment strategy for the President’s Emergency perform analyses, and provide expertise literacy, and adult learning techniques. Plan for AIDS Relief, and one (or more) for training and capacity-building. 11. Provide in-country administrative of the following performance goal(s) for 2. Facilitate and coordinate regional support to help grantee meet U.S. the National Center for HIV, STD and and U.S.-based international technical Government financial and reporting TB Prevention (NCHSTP) of the Centers assistance to the project upon request requirements for Disease Control and Prevention (i.e., workshops, trainings and technical (CDC) within HHS: By 2010, work with consultations), in the Portuguese II. Award Information other countries, international language. Type of Award: Cooperative organizations, the U.S. Department of 3. Organize an orientation meeting Agreement. HHS involvement in this State, the U.S. Agency for International with the grantee to brief them on program is listed in the Activities Development (USAID), and other applicable U.S. Government, HHS, and Section above. partners to achieve the United Nations Emergency Plan expectations, Fiscal Year Funds: 2005. General Assembly Special Session on regulations and key management Approximate Total Funding: $250,000 HIV/AIDS goal of reducing prevalence requirements, as well as report formats (This amount is an estimate, and is among persons 15 to 24 years of age. and contents. The orientation could subject to availability of funds.). This announcement is only for non- include meetings with staff from HHS Approximate Number of Awards: research activities supported by CDC. If agencies and the Office of the U.S. One. applicants propose research, HHS/CDC Global AIDS Coordinator. Approximate Average Award: $83,500 will not review the application. For the 4. Review and approve the process (This amount is for the first 12-month definition of ‘‘research,’’ please see the used by the grantee to select key budget period, and includes direct HHS/CDC Web site at the following personnel and/or post-award costs). Internet address: http://www.cdc.gov/ subcontractors and/or subgrantees to be Floor of Award Range: None. od/ads/opspoll1.htm. involved in the activities performed Ceiling of Award Range: $150,000 under this agreement, as part of the Activities (This ceiling is for the first 12-month Emergency Plan for AIDS Relief Country budget period.). Awardee Activities for this program Operational Plan review and approval Anticipated Award Date: October 25, are as follows: process, managed by the Office of the 2005. 1. Assist the Brazilian National HIV/ U.S. Global AIDS Coordinator. Budget Period Length: 12 months. AIDS Program to further build capacity 5. Review and approve grantee’s Project Period Length: Three years. within its surveillance, operational annual work plan and detailed budget, Throughout the project period, HHS’ research, and monitoring and evaluation as part of the Emergency Plan for AIDS commitment to continuation of awards technical units. Relief Country Operational Plan review will be conditioned on the availability 2. Support the Brazilian National and approval process, managed by the of funds, evidence of satisfactory HIV/AIDS Program and community- Office of the U.S. Global AIDS progress by the recipient (as based and faith-based organizations in Coordinator. documented in required reports), and increasing the skills and methodology in 6. Review and approve grantee’s the determination that continued data use for targeted services evaluation monitoring and evaluation plan, funding is in the best interest of the and assessment, and to set subsequently including for compliance with the Federal Government, as determined by the operational research agenda of the strategic information guidance the Office of the U.S. Global AIDS National Program. established by the Office of the U.S. Coordinator. 3. Provide support to the Brazilian Global AIDS Coordinator. National HIV/AIDS Program for the 7. Meet on a monthly basis with III. Eligibility Information development of national protocols and grantee to assess monthly expenditures III.1. Eligible Applicants the implementation of national training in relation to approved work plan and programs to instruct both government modify plans as necessary. Limited Competition: Public or and non-government staff in the areas of 8. Meet on a quarterly basis with private not-for-profit organizations prevention and care of HIV and grantee to assess quarterly technical and within Brazil that meet the following associated diseases, confidential financial progress reports and modify criteria may submit applications: (1) voluntary counseling and testing (VCT), plans as necessary. Ability to demonstrate past and current and prevention of mother-to-child 9. Meet on an annual basis with experience in collaborating with transmission (PMTCT). grantee to review annual progress report international organizations and 4. Assist the Brazilian National HIV/ for each U.S. Government Fiscal Year, Brazilian faith-based and community- AIDS Program in the decentralization of and to review annual work plans and based organizations; (2) ability to

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demonstrate past experience in Revenue Code that engages in lobbying • Evaluation. Provide a monitoring collaborating with the National AIDS activities is not eligible to receive Federal and evaluation plan for the project. Program of Brazil (National Program); funds constituting an award, grant, or loan. • Itemized Budget. Budget and budget (3) ability to disburse funds to a justifications will not count toward the Brazilian Federal governmental IV. Application and Submission stated page limit. institution and to other non- Information You may include additional governmental organizations; and (4) IV.1. Address To Request Application information in the application ability to demonstrate a strong linkage Package appendices. The appendices will not count toward the narrative page limit. with one or more public health and/or To apply for this funding opportunity This additional information includes medical university institutions and with use application form PHS 5161–1. the following: community-based and faith-based HHS strongly encourages you to • Curriculum Vitas/Resumes organizations. submit your application electronically The National AIDS Program of the • Organizational Charts by using the forms and instructions • Documentation of partnerships Ministry of Health of Brazil (National posted for this announcement at Program) is HHS/CDC Global AIDS (letters of support, annual reports) http://www.grants.gov. • Job descriptions of proposed key Program’s (GAP) primary partner in Application forms and instructions Brazil. HHS/CDC GAP Brazil’s program positions to be created for the activity are available on the HHS/CDC Web site, • is focused on meeting the needs of the Quality-Assurance, Monitoring- at the following Internet address: and-Evaluation, and Strategic- National Program, and all program http://www.cdc.gov/od/pgo/ activities are planned in pursuance of Information Forms forminfo.htm. • this goal. HHS/CDC will provide Applicant’s Corporate Capability If you do not have access to the Statement funding to a management foundation Internet, or if you have difficulty • that manages the money on behalf of the Letters of Support accessing the forms online, you may • Evidence of Legal Organizational Ministry and funds its activities. HHS contact the HHS/CDC Procurement and believes that it is in the best interest of Structure Grants Office Technical Information You must have a Dun and Bradstreet the U.S. Government to establish the Management Section (PGO–TIM) staff above criteria as minimum standards to Data Universal Numbering System at: 770–488–2700. We can mail (DUNS) number to apply for a grant or ensure both the appropriate application forms to you. management of funds and selection of cooperative agreement from the Federal an organization that can immediately IV. 2. Content and Form of Submission Government. The DUNS number is a nine-digit identification number, which become engaged in the activities listed Application: You must submit a uniquely identifies business entities. in this announcement; and, thus, to project narrative with your application Obtaining a DUNS number is easy, and benefit the people of Brazil as quickly forms. You must submit the narrative in there is no charge. To obtain a DUNS as possible. the following format: • Maximum number of pages: 25. If number, access http:// III.2. Cost Sharing or Matching Funds your narrative exceeds the page limit, www.dunandbradstreet.com or call 1– Matching funds are not required for we will only review the first pages 866–705–5711. For more information, see the HHS/ this program. Although matching funds within the page limit. are not required, preference will go to • Font size: 12 point unreduced. CDC Web site at: http://www.cdc.gov/ organizations that can leverage • Double spaced. od/pgo/funding/pubcommt.htm. additional funds to contribute to • Paper size: 8.5 by 11 inches. If your application form does not have program goals. • Page margin size: One inch. a DUNS number field, please write your • Printed only on one side of page. DUNS number at the top of the first III.3. Other • Held together only by rubber bands page of your application, and/or include Special Requirements or metal clips; not bound in any other your DUNS number in your application way. cover letter. If your application is incomplete or • Your application MUST be Additional requirements that could non-responsive to the special submitted in English. require you to submit additional requirements listed in this section, it Your narrative should address documentation with your application will not enter into the review process. activities to be conducted over the are listed in section ‘‘VI.2. You will be notified that your entire project period, and must include Administrative and National Policy application did not meet submission the following items in the order listed: Requirements.’’ requirements. • Project Description. Demonstrate a • HHS/CDC considers late clear and concise understanding of the IV. 3. Submission Dates and Times applications non-responsive. See nature of the problem described in the Application Deadline Date: section ‘‘IV.3. Submission Dates and purpose section of this announcement. September 29, 2005. Times’’ for more information on Describe the public health importance Explanation of Deadlines: deadlines. of the planned activities to be Applications must be received in the • Applicant must document undertaken. HHS/CDC Procurement and Grants eligibility, in an appendix to their • Plan of Action. Present an overall Office by 4 p.m. eastern time on the application, by submitting either letters design strategy, with proposed deadline date. of support from partner institutions, objectives and projects and measurable You may submit your application acknowledging cooperation, or official timelines. Describe how your electronically at http://www.grants.gov. annual reports that document organization will meet stated We consider applications completed partnership with the aforementioned requirements. Describe the online through Grants.gov as formally groups. responsibilities for each of the key staff. submitted when the applicant • • Note: Title 2 of the United States Code Project Contribution to the Goals organization’s Authorizing Official Section 1611 states that an organization and Objectives of the Emergency Plan electronically submits the application to described in Section 501(c)(4) of the Internal for AIDS Relief http://www.grants.gov. We will consider

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electronic applications as having met • No funds shall be used to distribute Any entity that receives, directly or the deadline if the applicant sterile needles or syringes for the indirectly, U.S. Government funds in organization’s Authorizing Official has hypodermic use of any illegal drug. connection with this document submitted the application electronically • Funds may be spent for reasonable (‘‘recipient’’) cannot use such U.S. to Grants.gov on or before the deadline program purposes, including personnel; Government funds to promote or date and time. travel; operating costs, including advocate the legalization or practice of If you submit your application supplies; fuel for transportation; prostitution or sex trafficking. Nothing electronically with Grants.gov, your utilities; staff training costs, including in the preceding sentence shall be application will be electronically time/ registration fees and purchase and rental construed to preclude the provision to date stamped, which will serve as of training related equipment; individuals of palliative care, treatment, receipt of submission. You will receive renovation of clinical or lab facilities; or post-exposure pharmaceutical an e-mail notice of receipt when HHS/ and purchase of HIV testing reagents, prophylaxis, and necessary CDC receives the application. test kits and laboratory equipment for pharmaceuticals and commodities, If you submit your application by the HIV testing and services. Equipment including test kits, condoms, and, when United States Postal Service or may be purchased if deemed necessary proven effective, microbicides. commercial delivery service, you must to accomplish program objectives; A recipient that is otherwise eligible ensure the carrier will be able to however, prior approval by HHS/CDC to receive funds in connection with this guarantee delivery by the closing date officials must be requested in writing. document to prevent, treat, or monitor and time. If HHS/CDC receives your • All requests for funds contained in HIV/AIDS shall not be required to submission after closing because of: (1) the budget shall be stated in U.S. endorse or utilize a multisectoral carrier error, when the carrier accepted dollars. Once an award is made, HHS/ approach to combating HIV/AIDS, or to the package with a guarantee for CDC will not compensate foreign endorse, utilize, or participate in a delivery by the closing date and time; or grantees for currency exchange prevention method or treatment (2) significant weather delays or natural fluctuations through the issuance of program to which the recipient has a disasters, you will have the opportunity supplemental awards. religious or moral objection. Any information provided by recipients to submit documentation of the carrier’s • The costs that are generally about the use of condoms as part of guarantee. If the documentation verifies allowable in grants to domestic projects or activities that are funded in a carrier problem, HHS/CDC will organizations are allowable to foreign connection with this document shall be consider the submission as received by institutions and international medically accurate and shall include the the deadline. organizations, with the following public health benefits and failure rates If you submit a hard copy application, exception: With the exception of the of such use. HHS/CDC will not notify you upon American University, Beirut, and the receipt of your submission. If you have In addition, any recipient must have World Health Organization, Indirect a policy explicitly opposing prostitution a question about the receipt of your Costs will not be paid (either directly or application, first contact your courier. If and sex trafficking. The preceding through sub-award) to organizations sentence shall not apply to any ‘‘exempt you still have a question, contact the located outside the territorial limits of PGO–TIM staff at: 770–488–2700. Before organizations’’ (defined as the Global the United States or to international Fund to Fight AIDS, Tuberculosis and calling, please wait two to three days organizations, regardless of their after the submission deadline. This will Malaria, the World Health Organization location. and its six Regional Offices, the allow time for us to process and log • The applicant may contract with International AIDS Vaccine Initiative or submissions. other organizations under this program; This announcement is the definitive to any United Nations agency). however the applicant must perform a guide on application content, The following definition applies for substantial portion of the activities submission address, and deadline. It purposes of this clause: (including program management and • supersedes information provided in the Sex trafficking means the operations, and delivery of prevention application instructions. If your recruitment, harboring, transportation, services for which funds are required). submission does not meet the deadline provision, or obtaining of a person for • You must obtain an annual audit of above, it will not be eligible for review, the purpose of a commercial sex act. 22 these HHS/CDC funds (program-specific and we will discard it. We will notify U.S.C. 7102(9). audit) by a U.S.-based audit firm with All recipients must insert provisions you that you did not meet the international branches and current implementing the applicable parts of submission requirements. licensure/authority in-country, and in this section, ‘‘Prostitution and Related IV.4. Intergovernmental Review of accordance with International Activities,’’ in all subagreements under Applications Accounting Standards or equivalent this award. These provisions must be Executive Order 12372 does not apply standard(s) approved in writing by express terms and conditions of the to this program. HHS/CDC. subagreement, must acknowledge that • A fiscal Recipient Capability compliance with this section, IV.5. Funding Restrictions Assessment may be required, prior to or ‘‘Prostitution and Related Activities,’’ is Restrictions, which you must take post award, in order to review the a prerequisite to receipt and into account while writing your budget, applicant’s business management and expenditure of U.S. Government funds are as follows: fiscal capabilities regarding the in connection with this document, and • Funds may not be used for research. handling of U.S. Federal funds. must acknowledge that any violation of • Reimbursement of pre-award costs the provisions shall be grounds for Prostitution and Related Activities is not allowed. unilateral termination of the agreement • The purchase of antiretroviral The U.S. Government is opposed to prior to the end of its term. Recipients drugs, reagents and laboratory prostitution and related activities, must agree that HHS may, at any equipment for antiretroviral treatment which are inherently harmful and reasonable time, inspect the documents projects requires prior approval in dehumanizing, and contribute to the and materials maintained or prepared writing by CDC officials. phenomenon of trafficking in persons. by the recipient in the usual course of

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its operations that relate to the the paper submission: ‘‘BACK–UP FOR realistic presentation of proposed organization’s compliance with this ELECTRONIC SUBMISSION.’’ objectives and projects. Does the section, ‘‘Prostitution and Related The paper submission must conform applicant display knowledge of the five- Activities.’’ to all requirements for non-electronic year strategy and goals of the President’s All prime recipients that receive U.S. submissions. If we receive both Emergency Plan, such that it can build Government funds (‘‘prime recipients’’) electronic and back-up paper on these to develop a comprehensive in connection with this document must submissions by the deadline, we will project and meet the goals of the certify compliance prior to actual consider the electronic version the Emergency Plan? receipt of such funds in a written official submission. 3. Ability to Carry Out the Project (20 statement that makes reference to this We strongly recommended that you points). Does the applicant document document (e.g., ‘‘[Prime recipient’s submit your grant application by using demonstrate capability to achieve the name] certifies compliance with the Microsoft Office products (e.g., purpose of the project and provide section, ‘Prostitution and Related Microsoft Word, Microsoft Excel, etc.). If training in the Portuguese language? Activities.’’’) addressed to the agency’s you do not have access to Microsoft 4. Personnel (20 points). Are the grants officer. Such certifications by Office products, you may submit a PDF professional personnel involved in this prime recipients are prerequisites to the file. You may find directions for project qualified (i.e., is there evidence payment of any U.S. Government funds creating PDF files on the Grants.gov web included of experience in working with in connection with this document. site. Use of file formats other than HIV/AIDS and associated diseases and Recipients’ compliance with this Microsoft Office or PDF could make HIV surveillance and Portuguese- section, ‘‘Prostitution and Related your file unreadable for our staff. language fluency)? Activities,’’ is an express term and or 5. Plans for Administration and condition of receiving U.S. Government Submit the original and two hard Management of Projects (15 points). Are funds in connection with this copies of your application by mail or there adequate plans for administering document, and any violation of it shall express delivery service to the following the project and adequate financial be grounds for unilateral termination by address: Technical Information controls to account for the finances HHS of the agreement with HHS in Management–AA104 CDC Procurement covered under this cooperative connection with this document prior to and Grants Office U.S. Department of agreement? Does the applicant have the end of its term. The recipient shall Health and Human Services 2920 transparent and competitive procedures refund to HHS the entire amount Brandywine Road Atlanta, GA 30341 for performing and procurement furnished in connection with this necessary under this project? document in the event HHS determines V. Application Review Information 6. Budget (not scored). Is the itemized the recipient has not complied with this V.1. Criteria budget for conducting the project, and section, ‘‘Prostitution and Related its justification, reasonable and Activities.’’ Applicants must provide measures of consistent with stated objectives and You may find guidance for effectiveness that will demonstrate the planned program activities, and with completing your budget on the HHS/ accomplishment of the various the five-year strategy and goals of the CDC Web site, at the following Internet identified objectives of the cooperative President’s Emergency Plan and address: http://www.cdc.gov/od/pgo/ agreement. Measures of effectiveness Emergency Plan activities in Brazil? funding/budgetguide.htm. must relate to the performance goals stated in the ‘‘Purpose’’ section of this V.2. Review and Selection Process IV.6. Other Submission Requirements announcement. Measures must be The HHS/CDC Procurement and Application Submission Address: objective and quantitative, and must Grants Office (PGO) staff will review HHS/CDC strongly encourages measure the intended outcome. applications for completeness, and HHS applicants to submit electronically at: Applicants must submit these measures Global AIDS program will review them http://www.grants.gov. You will be able of effectiveness with the application and for responsiveness. Incomplete to download a copy of the application will be an element of evaluation. applications and applications that are package from http://www.grants.gov, We will evaluate your application non-responsive to the eligibility criteria complete it offline, and then upload and against the following criteria: will not advance through the review submit the application via the 1. Technical Approach (25 points). process. Applicants will receive Grants.gov site. We will not accept e- Does the applicant’s proposal include notification that their application did mail submissions. If you are having an overall design strategy, with not meet submission requirements. technical difficulties in Grants.gov, you measurable time lines, that is realistic, An objective review panel will may reach them by e-mail at achievable, time-framed and evaluate complete and responsive [email protected], or by phone at 1– appropriate? Does the application applications according to the criteria 800–518–4726 (1–800–518–GRANTS). appropriately address regular listed in the ‘‘V.1. Criteria’’ section The Customer Support Center is open monitoring and evaluation, and the above. All persons who serve on the from 7 a.m. to 9 p.m. eastern time, potential effectiveness of the proposed panel will be external to the U.S. Monday through Friday. activities in meeting objectives? Does Government Country Program Office. HHS/CDC recommends that you the applicant have a commitment to The panel may include both Federal and submit your application to Grants.gov train both public and private health care non-Federal participants. early enough to resolve any workers in local languages? In addition, the following factors unanticipated difficulties prior to the 2. Understanding of the Problem (20 could affect the funding decision: deadline. You may also submit a back- points). Does the applicant demonstrate While U.S.-based organizations are up paper submission of your a clear and concise understanding of the eligible to apply, we will give application. We must receive any such nature of the problem described in the preference to existing national/Brazilian paper submission in accordance with Purpose section of this announcement? organizations. It is possible for one the requirements for timely submission This specifically includes description of organization to apply as lead grantee detailed in Section IV.3. of the grant the public health importance of the with a plan that includes partnering announcement. You must clearly mark planned activities to be undertaken and with other organizations, preferably

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local. Although matching funds are not budget period. The progress report will announcements on the HHS/CDC Web required, preference will go to serve as your non-competing site, Internet address: http:// organizations that can leverage continuation application, and must www.cdc.gov (click on ‘‘Funding’’ then additional funds to contribute to contain the following elements: ‘‘Grants and Cooperative Agreements’’), program goals. a. Current Budget Period Activities and on the Web site of the HHS Office Applications will be funded in order Objectives. of Global Health Affairs, Internet by score and rank determined by the b. Current Budget Period Financial address: http://www.globalhealth.gov. Progress. review panel. HHS/CDC will provide Dated: August 31, 2005. justification for any decision to fund out c. New Budget Period Program William P. Nichols, of rank order. Proposed Activity Objectives. d. Budget. Director, Procurement and Grants Office, V.3. Anticipated Announcement and e. Measures of Effectiveness, Centers for Disease Control and Prevention, Award Dates including progress against the U.S. Department of Health and Human Services. October 25, 2005. numerical goals of the President’s Emergency Plan for AIDS Relief for [FR Doc. 05–17675 Filed 9–6–05; 8:45 am] VI. Award Administration Information Brazil. BILLING CODE 4163–18–P VI.1. Award Notices f. Additional Requested Information. 2. Financial status report, no more Successful applicants will receive a than 90 days after the end of the budget DEPARTMENT OF HEALTH AND Notice of Award (NoA) from the HHS/ period. HUMAN SERVICES CDC Procurement and Grants Office. 3. Final financial and performance The NoA shall be the only binding, reports, due no later than 90 days after Centers for Disease Control and authorizing document between the the end of the project period. Prevention recipient and HHS/CDC. An authorized 4. Annual progress report, due no Support for Programs Designed To Grants Management Officer will sign the later than 90 days after the end of the Reduce the Impact of HIV in Southern NoA, and mail it to the recipient fiscal budget period. Reports should include Sudan, Under the President’s officer identified in the application. progress against the numerical goals of Emergency Plan for AIDS Relief Unsuccessful applicants will receive the President’s Emergency Plan for notification of the results of the AIDS Relief for Brazil. Announcement Type: New. application review by mail. Recipients must mail these reports to Funding Opportunity Number: CDC– VI.2. Administrative and National the Grants Management or Contract RFA–AA211. Policy Requirements Specialist listed in the ‘‘Agency Catalog of Federal Domestic Contacts’’ section of this announcement. Assistance Number: 93.067. 45 CFR Part 74 and Part 92. Key Dates: Application Deadline: VII. Agency Contacts For more information on the Code of September 29, 2005. Federal Regulations, see the National We encourage inquiries concerning Archives and Records Administration at this announcement. I. Funding Opportunity Description the following Internet address: http:// For general questions, contact: www.access.gpo.gov/nara/cfr/cfr-table- Technical Information Management Authority: This program is authorized search.html. Section, CDC Procurement and Grants under Sections 301 (a) and 307 of the Public Health Service Act, [42 U.S.C. Sections 241 The following additional Office, U.S. Department of Health and and 2421], as amended and under Public Law requirements apply to this project: Human Services, 2920 Brandywine • 108–25 (United States Leadership Against AR–4 HIV/AIDS Confidentiality Road, Atlanta, GA 30341, Telephone: HIV/AIDS, Tuberculosis and Malaria Act of Provisions 770–488–2700 2003) [22 U.S.C. 7601]. • AR–5 HIV Program Review Panel For program technical assistance, Background: President Bush’s Requirements contact: Emergency Plan for AIDS Relief has • AR–12 Lobbying Restrictions Brazil Contact. • AR–14 Accounting System William Brady, Co-Project Officer, called for immediate, comprehensive Requirements HHS/CDC, Global AIDS Program (GAP), and evidence-based action to turn the Applicants can find additional Brazil, Unit 3500, APO AA 34030, tide of global HIV/AIDS. The initiative information on these requirements on Telephone: 55 (61) 273–4851, E-mail: aims to treat more than two million the HHS/CDC Web site at the following [email protected]. HIV-infected people with effective Internet address: http://www.cdc.gov/ Atlanta Contact. combination anti-retroviral therapy by od/pgo/funding/ARs.htm. Eddas Bennett, Co-Project Officer, 2008; care for ten million HIV-infected You need to include an additional 1600 Clifton Rd., MS E–04, Atlanta, GA and affected persons, including those Certifications form from the PHS 5161– 30333, Telephone: 404–639–6305, E- orphaned by HIV/AIDS, by 2008; and 1 application in your Grants.gov mail: [email protected]. prevent seven million infections by electronic submission only. Please refer For financial, grants management, or 2010, with a focus on 15 priority to http://www.cdc.gov/od/pgo/funding/ budget assistance, contact: countries, including 12 in sub-Saharan PHS51611Certificates.pdf. Once you Vivian Walker, Grants Management Africa. The five-year strategy for the have filled out the form, attach it to your Specialist, CDC Procurement and Grants Emergency Plan is available at the Grants.gov submission as Other Office, U.S. Department of Health and following Internet address: http:// Attachment Forms. Human Services, 2920 Brandywine www.state.gov/s/gac/rl/or/c11652.htm. Road, Atlanta, GA 30341, Telephone: Under the leadership of the U.S. VI.3. Reporting Requirements 770–488–2724, E-mail: Global AIDS Coordinator, as part of the You must provide HHS/CDC with an [email protected]. President’s Emergency Plan, the U.S. original, plus two hard copies, of the Department of Health and Human following reports: VIII. Other Information Services (HHS) works with host 1. Interim progress report, due no less Applicants can find this and other countries and other key partners to than 90 days before the end of the HHS/CDC funding opportunity assess the needs of each country and

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design a customized program of PMTCT and HIV clinical care; treatment including both basic assistance that fits within the host supporting the implementation of evidence-based care for persons with nation’s strategic plan. PMTCT as part of a pilot Safe HIV and highly active anti-retroviral The HHS Global AIDS Program (GAP) Motherhood program primarily therapy (HAART); and (6) safe-water has established field operations to supported by the United Nations interventions. support national HIV/AIDS control Children’s Fund (UNICEF); working to The support for implementing programs in 25 countries and to build implement sentinel surveillance in programs under this announcement will capacity to address the global AIDS PMTCT sites; providing technical and vary according to needs, but could pandemic. HHS/GAP provides financial material support towards the include infrastructure modification to and technical assistance through development of HIV public health essential facilities, equipment partnerships with governments, laboratory capacity; initiating HIV/TB procurement, hiring and training staff, community- and faith-based linkage activities in collaboration with and procurement of materials and organizations, the private sector and the World Health Organization (WHO); supplies. national and international entities. working to implement HIV-control Measurable outcomes of the program HHS/CDC/GAP works with the other activities in the Sudan People’s will be in alignment with the numerical offices within the Centers for Disease Liberation Army (SPLA), in goals of the President’s Emergency Plan Control and Prevention (CDC), Health collaboration with military officials and and one (or more) of the following Resources and Services Administration United Nations and non-governmental performance goal(s) for the National (HRSA), and the National Institutes of organization (NGO) stakeholders; and Center for HIV, STD and TB Prevention Health (NIH) within HHS; the U.S. implementing safe-water interventions. (NCHSTP) within HHS/CDC: By 2010, Agency for International Development HHS/GAP’s mission in Southern work with other countries, international (USAID); Peace Corps; the U.S. Sudan is to work with Sudanese and organizations, the Department of State, Departments of State, Labor and international partners to develop, USAID, and other partners to achieve Defense; and other agencies and support, and evaluate the effective the United Nations General Assembly organizations. These efforts complement implementation of interventions to Special Session on HIV/AIDS goal of multilateral efforts, including those of prevent HIV and related illnesses, and reducing prevalence among people 15 to the Joint United Nations Programme on to improve care and support for persons 24 years of age and to reduce HIV HIV/AIDS (UNAIDS); the Global Fund with HIV/AIDS. The program aims to transmission and improve care of to Fight HIV, TB and Malaria (GFATM); build local capacity and promote in- persons living with HIV. In addition, the World Bank funding; and other private- country leadership and ownership of measurable outcomes of the program sector donation programs. activities; focus on national and local will be in alignment with the goals of The U.S. Government seeks to reduce priorities; share experiences and The Emergency Plan as outlined in this the impact of HIV/AIDS in specific technical information and coordinate Program Announcement. countries within sub-Saharan Africa, activities with other programs; and use Specific measurable outcomes from Asia, and the Americas through the local expertise, whenever possible. President’s Emergency Plan for AIDS Specifically, HHS/GAP’s mission in this program will include: (1) The Relief (The Emergency Plan). Through Southern Sudan is to accomplish the numbers of persons trained in this new initiative, HHS/ GAP will following, as part of the President’s confidential HIV counseling and testing continue to work with host countries to Emergency Plan for AIDS Relief: (VCT and healthcare provider-initiated strengthen capacity and expand 1. Provide support and training for models); (2) number of persons trained activities in the areas of: (1) Primary HIV/AIDS prevention and care in health in PMTCT; (3) number of persons HIV prevention; (2) HIV care, support, care facilities and in the community; trained in strategic information and treatment; and (3) capacity and 2. Establish training expertise for (includes M&E, surveillance and/or infrastructure development, especially confidential HIV/AIDS testing and HMIS); (4) number of individuals for surveillance and training. counseling in Southern Sudan; and trained in the provision of laboratory- As Southern Sudan emerges from a 3. Strengthen the local and national related activities; (5) number of long civil war, HIV prevention, care, responses to HIV/AIDS in Southern individuals trained to provide HIV and strategic information activities and Sudan through support and palliative care (including TB/HIV); (6) programs remain quite limited. The collaboration with the National AIDS numbers of individuals reached through President’s Emergency Plan has Council (NAC), private and NGO health community outreach prevention designated funds for HIV control in sectors, and others. services; (7) number of individuals Southern Sudan through this Purpose: The purpose of this program received counseling and testing for HIV announcement. is to improve the capacity of and received their result; (8) number of The approach taken by HHS/GAP and organizations that provide clinical care service outlets providing the minimum USAID in Southern Sudan, is similar to and public health interventions to package of PMTCT services according to that in countries with larger programs, reduce the impact of HIV in Southern national and international standards; (9) emphasizing collaboration with other Sudan. The range of activities supported number of pregnant women who agencies. under this announcement include the received HIV counseling and testing and HHS/GAP and HHS/CDC Kenya following: (1) Prevention for the received their results; (10) number of support HIV-control efforts in Southern uniformed services of New Sudan pregnant women provided with a Sudan by providing technical (Southern Sudan); (2) confidential complete course of antiretroviral assistance, directly and indirectly, to counseling and testing {e.g. voluntary prophylaxis in a PMTCT setting. government bodies of the Sudan counseling and testing (VCT)}; (3) This announcement is only for non- People’s Liberation Movement (SPLM) prevention integrated with maternal and research activities supported by HHS, and other partners, and by providing child health care and community-based including CDC. If an applicant proposes funding for program activities. HHS/ programs; (4) strengthening laboratory research activities, HHS will not review CDC is involved in developing protocols capacity for HIV public health functions the application. For the definition of and guidelines for specific program (sentinel surveillance and quality ‘‘research,’’ please see the HHS/CDC areas including sentinel surveillance; assurance testing); (5) care and Web site at the following Internet

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address: http://www.HHS/CDC.gov/od/ developed within the Ministry of Health year strategy for the President’s ads/opspoll1.htm. of Southern Sudan to facilitate the Emergency Plan. development of program management The grantee will produce an annual Activities capacity. Such activities should be operational plan in the context of this Applicant organizations may apply undertaken in close consultation with four-year plan, which the U.S. for one or more, or all activities HHS/CDC and other partners, especially Government Emergency Plan team on described in this program USAID. the ground in Southern Sudan will announcement. Organizations that are 4. Identify project staffing needs, review as part of the annual Emergency implementing HIV control activities including administrative, management Plan for AIDS Relief Country may receive direct funding through this and technical staff; hire and train staff. Operational Plan review and approval program announcement or through sub- 5. Identify furnishings, fittings, process managed by the Office of the grants from awardees. equipment and other fixed asset U.S. Global AIDS Coordinator. The Specific activities could include one procurement needs of the project and grantee may work on some of the or more of the following: implementing partners, and acquire activities listed below in the first year 1. Provide prevention of mother to from normal local, regional or and in subsequent years, and then child transmission (PMTCT) services; international vendors, as appropriate, in progressively add others from the list to 2. Sentinel surveillance specimen a transparent and competitive process. achieve all of the Emergency Plan collection; 6. Establish an acceptable reporting performance goals, as cited in the 3. HIV laboratory services for sentinel structure. Provide fiscal oversight and previous section. HHS/CDC, under the surveillance, quality assessment, and technical assistance to local partners in guidance of the U.S. Global AIDS care and treatment the areas of program and financial Coordinator, will approve funds for 4. Confidential HIV counseling and management, administration, personnel activities on an annual basis, based on testing; management, data management, and documented performance toward 5. Development of a permanent HIV other aspects of institution achieving Emergency Plan goals, as part counseling and testing training program; strengthening. of the annual Emergency Plan for AIDS 6. Capacity development for Relief Country Operational Plan review government institutions and individuals 7. Develop mechanisms for sharing information, including sharing of and approval process. involved in HIV strategic information Based on its competitive advantage lessons learned among local partners and service provision in Southern and proven field experience, the and including referral systems between Sudan; winning applicant will undertake a partners when appropriate. 7. Capacity development for local broad range of activities to meet the 8. Monitor, assess and report on the organizations, including faith-based and numerical Emergency Plan targets performance of the local partners. other community-based and other non- outlined in the announcement. For each 9. Assist the local partners to write governmental organizations involved in of these activities, the grantee will give reports describing their programs. HIV service provision; priority to evidence-based, yet 8. Care and treatment programs with 10. Provide training and technical culturally adapted, innovative and without HAART; and assistance to some local partners so they approaches, including: 9. HIV prevention and control for could develop the skills to apply for SPLM/A uniformed services personnel funds independently and manage funds Confidential Counseling and Testing and their families. effectively after the completion of the Services Integrated approaches at the local program. Develop a training program for level to confidential testing, prevention The recipient or recipients of these confidential HIV counseling and testing and care are necessary, and improving funds will be responsible for activities that will meet expanding program needs the overall quality of health care is in multiple program areas designed to including VCT, routine and diagnostic essential to HIV control in conflict- target underserved populations in testing in clinical settings, and affected Southern Sudan. Southern Sudan. Either the awardee (or eventually care and treatment 1. Within the first three months from awardees) will implement activities counseling. Confidential counseling and the date of this award, develop a directly or will implement them through testing capacity in Southern Sudan strategic plan to include goals, its subgrantees and/or subcontractors; should be increased through training in objectives, a monitoring plan, and if the awardees will retain overall counseling, supervision, and laboratory applicable, an implementation strategy financial and programmatic quality assessment. Different curricula to identify recipients of sub-grants, their management under the oversight of could be appropriate for personnel with implementation activities, and their HHS/CDC and the strategic direction of varying backgrounds and roles, from reporting requirements, consistent with the Office of the U.S. Global AIDS full-time lay counselors to healthcare strategic information guidance Coordinator. The awardee is expected to workers who will perform some established by the Office of the U.S. work closely with HHS/CDC staff in the counseling. Global AIDS Coordinator. planning and implementation of 2. Support training of staff of program activities. The awardee must Prevention Services government and non-governmental show a measurable progressive This activity can include PMTCT organizations in relevant program areas, reinforcement of the capacity of integrated with basic HIV clinical care possibly including confidential indigenous organizations and local and evidence-based maternal and child counseling and testing, PMTCT communities to respond to the national health, community-based prevention, integrated into strengthened maternal- HIV epidemic, as well as progress and strengthening of antenatal child health care, HIV/AIDS care and towards the sustainability of activities. surveillance. For example, organizations treatment, laboratory methods, and data Applicants should describe activities that operate primary health care centers management. in detail as part of a four-year action and hospital should be strengthened, 3. Provide technical assistance to plan (U.S. Government Fiscal Years enhancing their capacity to provide NAC and its staff and future HIV 2005–2008 inclusive) that reflects the integrated HIV prevention and care management programs that may be policies and goals outlined in the five- services including appropriate

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confidential testing and counseling; Care and Treatment average risk of diarrheal disease; development of comprehensive Contingent upon identification of a therefore, the program should include antenatal and maternity care that suitable site, develop excellence in such an intervention as part of a include PMTCT of HIV; care and providing HIV clinical care, including package of basic care for persons with treatment for those infected (care and highly active HAART programs, through HIV, and involve healthcare providers treatment programs that include support to one or more facility-based and facilities in the promotion of the HAART are not included under this programs. HIV care and treatment intervention, although promotion activity); and prevention and voluntary, activities will be consistent with should not be limited to the health- age and culturally-appropriate family national guidelines which are HHS/GAP facility level. Studies have shown that planning. All facilities offering HIV care will provide significant technical variety of interventions designed to to pregnant mothers and their families assistance and support. Promote improve water and hand hygiene reduce should develop the capacity to provide knowledge of current HIV care, and the incidence of diarrheal disease at the basic HIV-related care to HIV-affected support the provision of non-HAART household level, including point-of-use families and to effectively refer clients care through training of healthcare water treatment combined with the use for more comprehensive care. Basic care providers, technical assistance, and of safer household water vessels. (also known as palliative care) includes support for equipment and supplies in Although most studies have focused on interventions to prevent opportunistic implementing facilities. the benefits in other vulnerable groups, such as young children, successful infections (OIs) as well as the treatment Prevention Activities for the Uniformed of OIs when they occur. efforts can have particular benefits for Services people with advanced HIV infection. Interventions should promote the Provide HIV prevention services to Awardees activities for this program ABC model. Methods and strategies active and demobilizing SPLA are as follows: must emphasize abstinence for youth personnel and their families. National Administer sub-grants and provide and other unmarried persons, mutual health authorities have identified technical assistance to other faithfulness and partner reduction for uniformed service personnel as a organizations by developing a plan to sexually active adults, and correct and priority for U.S. Government-supported support local or international consistent use of condoms by those HIV control efforts. Such interventions organizations that provide a range of populations who are engaged in high- should include prevention and interventions including confidential risk behaviors.1 Awardees may not confidential VCT, and should be VCT and other models of HIV testing implement condom social marketing planned in association with the NAC, and counseling, PMTCT, basic HIV care, without also implementing the appropriate SPLA authorities, and HAART, and prevention education. abstinence and faithfulness behavior- current efforts to develop plans and change interventions outlined in the policies for HIV control in the SPLA. Administration preceding paragraph. Interventions should promote the ABC The successful applicant must comply model. Methods and strategies must with all HHS management requirements Laboratory Support for Regional emphasize abstinence for youth and for meeting participation and progress Sentinel Surveillance other unmarried persons, mutual and financial reporting for this Support HIV public health laboratory faithfulness and partner reduction for cooperative agreement (See HHS services within Southern Sudan, at a sexually active adults, and correct and Activities and Reporting sections below consistent use of condoms by those facility designated by the National AIDS for details), and comply with all policy populations who are engaged in high- Council. ELISA equipment supplies will directives established by the Office of risk behaviors.2 Awardees may not be procured separately, and it is the U.S. Global AIDS Coordinator. implement condom social marketing anticipated that a GFATM-funded In a cooperative agreement, HHS staff without also implementing the partner (identification pending) will is substantially involved in the program abstinence and faithfulness behavior- play a substantial role in supporting activities, above and beyond routine change interventions outlined in the logistic and data management needs grant monitoring. preceding paragraph. related to HIV surveillance as well as HHS Activities for this program are as program quality assurance. HHS/CDC Safe Water Interventions follows: 1. Organize an orientation meeting laboratory staff will provide substantial Support a pilot program that makes with the grantee to brief them on technical support. The implementing safer water interventions available to applicable U.S. Government, HHS, and partner for surveillance laboratory one or more communities, conducted in Emergency Plan expectations, testing will require support for association with HHS/CDC-supported regulations and key management continuing activity, which is expected activities described under the requirements, as well as report formats to include support for one laboratory ‘‘Prevention’’ (including PMTCT) or and contents. The orientation could technician and one data entry staff, with ‘‘Care and Treatment’’ sections above. include meetings with staff from HHS associated material costs. HIV-infected persons are at higher-than- agencies and the Office of the U.S. Global AIDS Coordinator. 1 Behaviors that increase risk for HIV 2 Behaviors that increase risk for HIV transmission include: engaging in casual sexual transmission include: engaging in casual sexual 2. Review and approve the process encounters, engaging in sex in exchange for money encounters, engaging in sex in exchange for money used by the grantee to select key or favors, having sex with an HIV-positive partner or favors, having sex with an HIV-positive partner personnel and/or post-award or one whose status is unknown, using drugs or or one whose status is unknown, using drugs or abusing alcohol in the context of sexual abusing alcohol in the context of sexual subcontractors and/or subgrantees to be interactions, and using intravenous drugs. Women, interactions, and using intravenous drugs. Women, involved in the activities performed even if faithful themselves, can still be at risk of even if faithful themselves, can still be at risk of under this agreement, as part of the becoming infected by their spouse, regular male becoming infected by their spouse, regular male Emergency Plan for AIDS Relief Country partner, or someone using force against them. Other partner, or someone using force against them. Other high-risk persons or groups include men who have high-risk persons or groups include men who have Operational Plan review and approval sex with men and workers who are employed away sex with men and workers who are employed away process, managed by the Office of the from home. from home. U.S. Global AIDS Coordinator.

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3. Review and approve grantee’s 16. Provide technical assistance with Operational Plans, managed by the annual work plan and detailed budget, prevention, confidential counseling and Office of the U.S. Global AIDS as part of the Emergency Plan for AIDS testing and data-management issues. Coordinator. Relief Country Operational Plan review Such technical assistance can involve III. Eligibility Information and approval process, managed by the the identification of problems and Office of the U.S. Global AIDS challenges and collaborative efforts to III.1. Eligible Applicants Coordinator. find practical solutions. This announcement is for limited 4. Review and approve grantee’s 17. Work with other stakeholders to competition. monitoring and evaluation plan, evaluate curriculum and training needs Eligible applicants that can apply for including for compliance with the on a continuous basis, and adapt this funding opportunity are public and strategic information guidance training as necessary to meet the private non-profit organizations and established by the Office of the U.S. program needs in Southern Sudan, governments and their agencies, such Global AIDS Coordinator. particularly in local languages. as: 5. Meet on a monthly basis with 18. Participate in providing support • U.S.-Based and International non- grantee to assess monthly expenditures and supervision to implementing profit organizations in relation to approved work plan and partners. • Sudanese non-profit organizations modify plans as necessary. 19. Monitor project and budget • Universities 6. Meet on a quarterly basis with performance to ensure satisfactory • Colleges grantee to assess quarterly technical and progress towards the goals of the • Research institutions financial progress reports and modify project. • Hospitals plans as necessary. Please note: Either HHS staff or staff • Community-based organizations • 7. Meet on an annual basis with from organizations that have Faith-based organizations grantee to review annual progress report successfully competed for funding U.S.-based and international for each U.S. Government Fiscal Year, under a separate HHS contract, organizations that meet the eligibility and to review annual work plans and cooperative agreement or grant will criteria are welcome to apply. budgets for subsequent year, as part of provide technical assistance and Applicants must have at least two the Emergency Plan for AIDS Relief training. years of documented experience in conducting one of the following review and approval process for II. Award Information Country Operational Plans, managed by activities: (1) Building the capacity of local and the Office of the U.S. Global AIDS Type of Award: Cooperative indigenous organizations to conduct Coordinator. Agreement. HHS involvement in this program is health-related activities in Southern 8. Provide technical assistance, as listed in the Activities Section above. Sudan, (2) managing sub-grants to local mutually agreed upon, and revise Fiscal Year Funds: FY 2006. organizations in Southern Sudan; (3) annually during validation of the first Approximate Total Project Period providing health-related interventions and subsequent annual work plans. This Funding: $3,000,000. (This amount is an in Southern Sudan; or (4) experience in could include expert technical estimate, and is subject to availability of developing similar HIV-related health assistance and targeted training funds.) programs, especially in other post- activities in specialized areas, such as Approximate Number of Awards: conflict settings. strategic information, project Three or more, contingent upon management, confidential counseling funding. III.2. Cost-Sharing or Matching Funds and testing, palliative care, treatment Approximate Average Award: Matching funds are not required for literacy, and adult learning techniques. $250,000. (The amount will be higher in this program. Although matching funds 9. Provide in-country administrative the first two years because of the need are not required, preference will go to support to help grantee meet U.S. to develop curriculum and train organizations that can leverage Government financial and reporting trainers, etc. The amount is for the first additional funds to contribute to requirements. 12-month budget period and will program goals. 10. Assist awardees in identifying include direct costs [and indirect costs III.3. Other prospective local partners, and choosing in the case of domestic grantees.]) them in a transparent and competitive Floor of Individual Award Range: If applicants request a funding process. $50,000. amount greater than the ceiling of the 11. Assist awardee in developing Ceiling of Individual Award Range: award range, HHS/CDC will consider strategies and mechanisms to identify $1,000,000. (This ceiling is for the first the application non-responsive, and it new partners for years two and three. 12-month budget period.) will not enter into the review process. 12. Procure laboratory supplies Anticipated Award Date: October 30, We will notify you that your application including rapid, simple HIV and 2005. did not meet the submission syphilis test kits and ELISA testing Budget Period Length: 12 months. requirements. supplies. Project Period Length: Three years. Special Requirements: If your 13. Procure some drugs (non-HAART) Throughout the project period, HHS’ application is incomplete or non- and other therapeutics for HIV care and commitment to continuation of awards responsive to the special requirements treatment. will be conditioned on the availability listed in this section, it will not enter 14. Play an active role in the of funds, evidence of satisfactory into the review process. We will notify development of curricula and training progress by the recipient (as you that your application did not meet courses, including provision of documented in required reports), and submission requirements. technical assistance. the determination that continued • HHS/CDC will consider late 15. Provide technical assistance in funding is in the best interest of the applications non-responsive. See clinical, counseling and laboratory Federal Government, through the section ‘‘IV.3. Submission Dates and issues, training, data management, and Emergency Plan for AIDS Relief review Times’’ for more information on program monitoring and evaluation. and approval process for Country deadlines.

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• Applicant organizations meeting • Held together only by rubber bands IV.3. Submission Dates and Times the criteria are eligible to apply for one or metal clips; not bound in any other Application Deadline Date: or more, or all activities described in way. • September 29, 2005. this program announcement. Applicants Submitted in English. Explanation of Deadlines: • Numbered pages should indicate in the application, Applications must be received in the which activities they plan to implement. Your narrative should address activities to be conducted over the HHS/CDC Procurement and Grants Applicants that are capable of providing Office by 4 p.m. Eastern time on the management, administrative technical entire project period and must include the following items in the order listed: deadline date. support for HHS/CDC/GAP-funded • You may submit your application activities in Southern Sudan will be Background—what are the underlying issues related to undertaking electronically at www.grants.gov. We eligible to administer sub-grants to consider applications completed on-line partner organizations. Applicants this project? • Objectives—What objectives will be through Grants.gov as formally providing health-related services in achieved by undertaking this project? submitted when the applicant Southern Sudan with capacity to • Activities—What activities will be organization’s Authorizing Official implement HIV control activities may undertaken to achieve stated objectives? electronically submits the application to also apply for funding by responding • Methods—What methods will be www.grants.gov. We will consider directly to this program announcement. used to conduct activities? electronic applications as having met • Note: Title 2 of the United States Code Evaluation Framework—What the deadline if the applicant Section 1611 states that an organization evaluation procedures will be used to organization’s Authorizing Official has described in Section 501(c)(4) of the Internal determine if the objectives of the project submitted the application electronically Revenue Code that engages in lobbying are being met? to Grants.gov on or before the deadline activities is not eligible to receive Federal • Budget highlighting any supplies date and time. funds constituting an award, grant, or loan. mentioned in the program requirements. If you submit your application • Any proposed capital expenditures. electronically through Grants.gov IV. Application and Submission You may include additional (http://www.grants.gov), your Information information in the application application will be electronically time/ IV.1. Address To Request Application appendices. The appendices will not date stamped, which will serve as count toward the narrative page limit. Package receipt of submission. You will receive This additional information includes an e-mail notice of receipt when HHS/ To apply for this funding opportunity the following: CDC receives the application. use application form PHS 5161–1. • Organizational charts If you submit your application by the HHS strongly encourages you to • Curriculum vitas United States Postal Service or submit your application electronically • Letters of support, etc. commercial delivery service, you must by using the forms and instructions The budget and budget justification ensure that the carrier will be able to posted for this announcement on will not count in the page limit stated guarantee delivery by the closing date www.grants.gov. above. Application forms and instructions Although the narrative addresses and time. If HHS/CDC receives your are available on the HHS/CDC Web site, activities for the entire project, the submission after closing because: (1) at the following Internet address: applicant should provide a detailed Carrier error, when the carrier accepted www.cdc.gov/od/pgo/forminfo.htm. budget only for the first year of the package with a guarantee for If you do not have access to the activities, while addressing budgetary delivery by the closing date and time; or Internet, or if you have difficulty plans for subsequent years. (2) significant weather delays or natural accessing the forms on-line, contact the You must have a Dun and Bradstreet disasters, you will have the opportunity HHS/CDC Procurement and Grants Data Universal Numbering System to submit documentation of the carrier’s Office Technical Information (DUNS) number to apply for a grant or guarantee. If the documentation verifies Management Section (PGO–TIM) staff at cooperative agreement from the Federal a carrier problem, HHS/CDC will 770–488–2700. We can mail application government. The DUNS number is a consider the submission as having been forms to you. nine-digit identification number, which received by the deadline. uniquely identifies business entities. If you submit a hard copy application, IV.2. Content and Form of Submission Obtaining a DUNS number is easy, and HHS/CDC will not notify you upon Application: You must submit a there is no charge. To obtain a DUNS receipt of the submission. If you have a project narrative with your application number, access question about the receipt of your forms. The narrative must be submitted www.dunandbradstreet.com or call 1– application, first contact your courier. If in the following format: 866–705–5711. you still have a question, contact the • Maximum number of pages: 30. If For more information, please see the PGO–TIM staff at (770) 488–2700. your narrative exceeds the page limit, HHS/CDC Web site at: http:// Before calling, please wait two to three we will only review the first pages www.cdc.gov/od/pgo/funding/ days after the submission deadline. This within the page limit. pubcommt.pdf. will allow time for us to process and log • Font size: 12 point unreduced. If your application form does not have submissions. • Double spaced a DUNS number field, please write the This announcement is the definitive • Paper size: 8.5 by 11 inches. DUNS number at the top of the first guide on application content, • Page margin size: One inch. page of the application, and/or include submission address, and deadline. It • Number all pages of the application your DUNS number in the application supersedes information provided in the sequentially from page 1 (application cover letter. application instructions. If your Face Page) to the end of the application, Additional requirements that could submission does not meet the deadline including charts, figures, tables, and require you to submit additional above, it will not be eligible for review, appendices. documentation with the application are and we will discard it. We will notify • Printed only on one side of the listed in section ‘‘VI.2. Administrative you that you did not meet the page. and National Policy Requirements.’’ submission requirements.

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IV.4. Intergovernmental Review of however, the applicant must perform a and sex trafficking. The preceding Applications substantial portion of the activities sentence shall not apply to any ‘‘exempt Executive Order 12372 does not apply (including program management and organizations’’ (defined as the Global to this program. operations, and delivery of prevention Fund to Fight AIDS, Tuberculosis and and care services for which funds are Malaria, the World Health Organization IV.5. Funding Restrictions required). and its six Regional Offices, the • Restrictions, which you must take An annual audit of these funds is International AIDS Vaccine Initiative or into account while writing your budget, required and must be conducted by a to any United Nations agency). are as follows: U.S.-based audit firm with international The following definition applies for • Funds may not be used for research. branches and current licensure/ purposes of this clause: • Funds may be used for: Hiring of authority in-country, and in accordance • Sex trafficking means the staff needed to provide services; training with International Accounting recruitment, harboring, transportation, service providers; coordination of the Standards or equivalent standard(s) provision, or obtaining of a person for program; purchase of supplies, approved in writing by HHS/CDC. The the purpose of a commercial sex act. 22 equipment, and commodities (including audit should specify the use of funds U.S.C. § 7102(9). antiretroviral drugs) needed to provide and the appropriateness and All recipients must insert provisions the services; renovation of clinical reasonableness of expenditures. implementing the applicable parts of facilities at site of program • A fiscal Recipient Capability this section, ‘‘Prostitution and Related implementation; sensitization of the Assessment may be required, prior to or Activities,’’ in all subagreements under community on HIV control services; post award, to review the applicant’s this award. These provisions must be providing ground transportation business management and fiscal express terms and conditions of the services to HHS/CDC GAP staff in capabilities regarding the handling of subagreement, must acknowledge that Southern Sudan, maintaining office and U.S. Federal funds. compliance with this section, residential facilities for GAP staff. You may find guidance for ‘‘Prostitution and Related Activities,’’ is • Reimbursement of pre-award costs completing your budget on the HHS/ a prerequisite to receipt and is not allowed. CDC Web site, at the following Internet expenditure of U.S. Government funds • Antiretroviral Drugs—The purchase address: http://www.cdc.gov/od/pgo/ in connection with this document, and of antiretrovirals, reagents, and funding/budgetguide.htm. must acknowledge that any violation of the provisions shall be grounds for laboratory equipment for antiretroviral Prostitution and Related Activities treatment projects require pre-approval unilateral termination of the agreement from the GAP headquarters. The U.S. Government is opposed to prior to the end of its term. Recipients • Needle Exchange—No funds prostitution and related activities, must agree that HHS may, at any appropriated under this Act shall be which are inherently harmful and reasonable time, inspect the documents used to carry out any program of dehumanizing, and contribute to the and materials maintained or prepared distributing sterile needles or syringes phenomenon of trafficking in persons. by the recipient in the usual course of for the hypodermic injection of any Any entity that receives, directly or its operations that relate to the illegal drug. indirectly, U.S. Government funds in organization’s compliance with this • Funds may be spent for reasonable connection with this document section, ‘‘Prostitution and Related program purposes, including personnel, (‘‘recipient’’) cannot use such U.S. Activities.’’ training, travel, supplies and services. Government funds to promote or All prime recipients that receive U.S. Equipment may be purchased and advocate the legalization or practice of Government funds (‘‘prime recipients’’) renovations completed if deemed prostitution or sex trafficking. Nothing in connection with this document must necessary to accomplish program in the preceding sentence shall be certify compliance prior to actual objectives; however, prior approval by construed to preclude the provision to receipt of such funds in a written HHS/CDC officials must be requested in individuals of palliative care, treatment, statement that makes reference to this writing. or post-exposure pharmaceutical document (e.g., ‘‘[Prime recipient’s • All requests for funds contained in prophylaxis, and necessary name] certifies compliance with the the budget shall be stated in U.S. pharmaceuticals and commodities, section, ‘Prostitution and Related dollars. Once an award is made, HHS/ including test kits, condoms, and, when Activities.’’’) addressed to the agency’s CDC will not compensate foreign proven effective, microbicides. A grants officer. Such certifications by grantees for currency exchange recipient that is otherwise eligible to prime recipients are prerequisites to the fluctuations through the issuance of receive funds in connection with this payment of any U.S. Government funds supplemental awards. document to prevent, treat, or monitor in connection with this document. • The costs that are generally HIV/AIDS shall not be required to Recipients’ compliance with this allowable in grants to domestic endorse or utilize a multisectoral section, ‘‘Prostitution and Related organizations are allowable to foreign approach to combating HIV/AIDS, or to Activities,’’ is an express term and institutions and international endorse, utilize, or participate in a condition of receiving U.S. government organizations, with the following prevention method or treatment funds in connection with this exception: With the exception of the program to which the recipient has a document, and any violation of it shall American University, Beirut, and the religious or moral objection. Any be grounds for unilateral termination by World Health Organization, Indirect information provided by recipients HHS of the agreement with HHS in Costs will not be paid (either directly or about the use of condoms as part of connection with this document prior to through sub-award) to organizations projects or activities that are funded in the end of its term. The recipient shall located outside the territorial limits of connection with this document shall be refund to HHS the entire amount the United States or to international medically accurate and shall include the furnished in connection with this organization, regardless of their public health benefits and failure rates document in the event HHS determines location. of such use. the recipient has not complied with this • The applicant may contract with In addition, any recipient must have section, ‘‘Prostitution and Related other organizations under this program; a policy explicitly opposing prostitution Activities.’’

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IV.6. Other Submission Requirements agreement. Measures of effectiveness the specified services in Sudan or must relate to the performance goals elsewhere in developing countries? Application Submission Address stated in the ‘‘Purpose’’ section of this 4. Administrative, Evaluation and HHS/CDC strongly encourages announcement. Measures must be Accounting Plan (15 Points) applicants to submit applications objective and quantitative, and must electronically at www.grants.gov. You measure the intended outcome. Is there a plan to account for, prepare will be able to download a copy of the Applicants must submit these measures reports, monitoring and audit application package from of effectiveness with the application, expenditures under this agreement, www.Grants.gov, complete it off-line, and they will be an element of manage the resources of the program and then upload and submit the evaluation. and produce, collect and analyze application via the Grants.gov site. We We will evaluate your application performance data? will not accept e-mail submissions. If against the following criteria: 5. Budget (Not Scored) you are having technical difficulties in 1. Ability To Carry Out the Project (35 Grants.gov, customer service can be Points) Is the budget itemized, well justified reached by e-mail at Does the applicant document and consistent with the five-year [email protected], or by phone at 1– strategy and goals for the President’s 800–518–4726 (1–800–518–GRANTS). demonstrated capability to achieve the purposes of the project? Does the Emergency Plan and Emergency Plan The Customer Support Center is open activities in Southern Sudan? Does the from 7 a.m. to 9 p.m. Eastern Time, applicant demonstrate an understanding of the issues and problems that face budget reflect a commitment to ensure Monday through Friday. that local organizations receive an HHS/CDC recommends that you local and indigenous organizations in implementing HIV prevention and care adequate percentage of the total award submit your application to Grants.gov to ensure they can achieve their targets? early enough to resolve any in Sudan? Does the applicant have demonstrated and prior experience in Is the percentage of funds designated for unanticipated difficulties prior to the administration and capacity building, deadline. You may also submit a back- providing capacity building and support to local and indigenous organizations in including technical oversight from a up paper submission of the application. head office, reasonable? We must receive any such paper developing countries? Does the submission in accordance with the applicant demonstrate an understanding V.2. Review and Selection Process requirements for timely submission of the national cultural and political The HHS/CDC Procurement and detailed in Section IV.3. of the grant context and the technical and Grants Office (PGO) staff will review announcement. You must clearly mark programmatic areas covered by the applications for completeness, and HHS the paper submission: ‘‘BACK–UP FOR project? Does the applicant have Global AIDS program will review them ELECTRONIC SUBMISSION.’’ demonstrated experience in HIV service for responsiveness. Incomplete The paper submission must conform delivery? Does the applicant display applications and applications that are to all requirements for non-electronic knowledge of the five-year strategy and non-responsive to the eligibility criteria submissions. If we receive both goals of the President’s Emergency Plan, will not advance through the review electronic and back-up paper such that it can build on these to process. Applicants will receive submissions by the deadline, we will develop a comprehensive, collaborative notification that their application did consider the electronic version the project to reach underserved not meet submission requirements. official submission. populations in Southern Sudan and We strongly recommend that you meet the goals of the Emergency Plan? An objective review panel will evaluate complete and responsive submit your grant application by using 2. Plans for Administration and applications according to the criteria Microsoft Office products (e.g., Management of the Project (25 Points) Microsoft Word, Microsoft Excel, etc.). If listed in the ‘‘V.1. Criteria’’ section you do not have access to Microsoft Are there adequate plans for above. All persons who serve on the Office products, you may submit a PDF administering the project? Does the panel will be external to the U.S. file. You may find directions for applicant describe activities that are Government Country Program Office. creating a PDF on the Grants.gov web realistic, achievable, time-framed and The panel may include both Federal and site. Use of file formats other than appropriate to complete this program? non-Federal participants. Microsoft Office or PDF could make Does the application include an overall In addition, the following factors your file unreadable for our staff. design strategy, including measurable could affect the funding decision: or time lines, clear monitoring and evaluation procedures, and specific While U.S.-based organizations are Submit the original and two hard eligible to apply, we will give copies of your application by mail or activities for meeting the proposed objectives? Does the applicant describe preference to existing national/Southern express delivery service to the following Sudanese organizations. It is possible address: a plan to progressively build the capacity of local organizations and of for one organization to apply as lead Technical Information Management— grantee with a plan that includes AA211, CDC Procurement and Grants target beneficiaries and communities to respond to the epidemic? partnering with other organizations, Office, U.S. Department of Health and preferably local. Although matching Human Services, 2920 Brandywine 3. Personnel (25 Points) funds are not required, preference will Road, Atlanta, GA 30341. Do the personnel have appropriate be go to organizations that can leverage V. Application Review Information technical qualifications, and are they additional funds to contribute to fluent in local languages spoken in program goals. V.1. Criteria Southern Sudan? Are the professional Applications will be funded in order Applicants must provide measures of personnel involved in this project by score and rank determined by the effectiveness that will demonstrate the qualified, including prior experience review panel. HHS/CDC will provide accomplishment of the various with improving the capacity of local and justification for any decision to fund out identified objectives of the cooperative indigenous organizations or delivering of rank order.

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V.3. Anticipated Announcement and budget period. The progress report will Web site of the HHS Office of Global Award Dates serve as the non-competing Health Affairs, Internet address: October 30, 2005. continuation application, and must www.globalhealth.gov. contain the following elements: Dated: August 31, 2005. VI. Award Administration Information a. Current Budget Period Activities William P. Nichols, VI.1. Award Notices Objectives. b. Current Budget Period Financial Director, Procurement and Grants Office, Centers for Disease Control and Prevention, Successful applicants will receive a Progress. Notice of Award (NoA) from the HHS/ U.S. Department of Health and Human c. New Budget Period Program Services. CDC Procurement and Grants Office. Proposed Activity Objectives. [FR Doc. 05–17678 Filed 9–6–05; 8:45 am] The NoA shall be the only binding, d. Budget. authorizing document between the e. Measures of Effectiveness, BILLING CODE 4163–18–P recipient and HHS/CDC. An authorized including progress against the Grants Management Officer will sign the numerical goals of the President’s DEPARTMENT OF HEALTH AND NoA, and mail it to the recipient fiscal Emergency Plan for AIDS Relief for HUMAN SERVICES officer identified in the application. Southern Sudan. Unsuccessful applicants will receive f. Additional Requested Information. Centers for Disease Control and notification of the results of the 3. Financial status report, no more Prevention application review by mail. than 90 days after the end of the budget VI.2. Administrative and National period. Enhancement of Laboratory Quality Policy Requirements 4. Final financial and performance System Approach in Building the reports, no more than 90 days after the Capacity of Health Laboratories To 45 CFR Part 74 as Appropriate end of the project period. Support HIV/AIDS Prevention, Care For more information on the Code of 5. Annual progress report, due no and Treatment Services in the United Federal Regulations, see the National more than 60 days after the end of the Republic of Tanzania budget period. Reports should include Archives and Records Administration at Announcement Type: New. the following Internet address: http:// progress against the numerical goals of the President’s Emergency Plan for Funding Opportunity Number: CDC– www.access.gpo.gov/nara/cfr/cfr-table- RFA–AA086. search.html. AIDS Relief for Southern Sudan. Recipients must mail these reports to Catalog of Federal Domestic The following additional Assistance Number: 93.067. requirements apply to this project: the Grants Management or Contract • Specialist listed in the ‘‘Agency Key Date: Application Deadline: AR–4 HIV/AIDS Confidentiality October 3, 2005. Provisions Contacts’’ section of this announcement. • AR–6 Patient Care VII. Agency Contacts I. Funding Opportunity Description • AR–8 Public Health System Reporting Requirements We encourage inquiries concerning Authority: This program is authorized • AR–12 Lobbying Restrictions this announcement. under Sections 301(a) and 307 of the Public • AR–14 Accounting System For general questions, contact: Health Service Act [42 U.S.C. 241 and 242l], Requirements Technical Information Management as amended, and under Public Law 108–25 • AR–15 Proof of Non-Profit Status Section, CDC Procurement and Grants (United States Leadership Against HIV/AIDS, • Office, U.S. Department of Health and Tuberculosis and Malaria Act of 2003) AR–23 States and Faith Based [U.S.C. 7601]. Organization Human Services, 2920 Brandywine Applicants can find additional Road, Atlanta, GA 30341. Telephone: Background: President Bush’s information on these requirements on 770–488–2700. Emergency Plan for AIDS Relief has the HHS/CDC Web site at the following For program technical assistance, called for immediate, comprehensive Internet address: http://www.cdc.gov/ contact: Thomas Boo, Medical Officer, and evidence-based action to turn the od/pgo/funding/ARs.htm. GAP, CDC-Kenya, Centers for Disease tide of global HIV/AIDS. You need to include an additional Control and Prevention, HHS/CDC The initiative aims to treat more than Certifications form from the PHS 5161– Global AIDS Program, P.O. Box 606 two million HIV-infected people with 1 application in your Grants.gov Village Market, 00621 Nairobi, Kenya. effective combination anti-retroviral electronic submission only. Please refer Telephone: 254–20–271–3008, ext. 149 therapy by 2008; care for ten million to http://www.cdc.gov/od/pgo/funding/ or Mobile: +254–722–200–189. E-mail: HIV-infected and affected persons, PHS5161–11Certificates.pdf. Once you [email protected]. including those orphaned by HIV/AIDS, have filled out the form, please attach it For financial, grants management, or by 2008; and prevent seven million to the Grants.gov submission as Other budget assistance, contact: Diane infections by 2010, with a focus on 15 Attachments Form. Flournoy, Grants Management priority countries, including 12 in sub- Specialist, CDC Procurement and Grants Saharan Africa. The five-year strategy VI.3. Reporting Requirements Office, U.S. Department of Health and for the Emergency Plan is available at You must provide HHS/CDC with an Human Services, 2920 Brandywine the following Internet address: http:// original, plus two hard copies of the Road, Atlanta, GA 30341. Telephone: www.state.gov/s/gac/rl/or/c11652.htm. following reports: 770–488–2072. E-mail: [email protected]. Over the same time period, as part of 1. In year one, quarterly progress a collective national response, the reports, due 30 days after the end of VIII. Other Information Emergency Plan goals specific to each quarter. In subsequent years, a Applicants can find this and other Tanzania are to treat at least 150,000 semi-annual progress report is required HHS funding opportunity HIV-infected individuals, and care for no later than 30 days after the reporting announcements on the HHS/CDC Web 750,000 HIV-affected individuals, period. site, Internet address: www.cdc.gov including orphans. 2. Interim progress report, no less (Click on ‘‘Funding’’ then ‘‘Grants and Purpose: The purpose of this than 90 days before the end of the Cooperative Agreements’’), and on the cooperative agreement is to collaborate

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with the National Institute for Medical local training and at the peripheral Technical Strategies’’ document to Research (NIMR), and the Tanzanian levels. promote the use of best practices known Ministry of Health (MOH) to establish b. Deliver training in HIV/AIDS- at the time. the National Laboratory Quality related testing and testing-specific 3. Facilitate in-country planning and Assurance and Training Center that quality assurance. review meetings for the purpose of will: (1) Provide leadership in HIV/ c. Train trainers in a laboratory- ensuring coordination of country-based AIDS related laboratory training; and (2) quality systems approach. program technical assistance activities. provide technical assistance and d. Serve as a central area for receiving HHS will act as liaison and assist in leadership in assuring highly functional and delivering distance-based training coordinating activities, as required, and operational testing systems, and (e.g., satellite- and Internet-based between the applicant and other non- assuring quality systems integration, in training). governmental organizations (NGOs), the building the capacity of health e. Serve as liaison with international Government of the United Republic of laboratories to support HIV/AIDS training efforts with the goal of Tanzania, and other Emergency Plan prevention, care and treatment in the producing standardized, harmonized partners. United Republic of Tanzania. curricula. Either HHS staff or staff from Measurable outcomes of the program 2. Provide technical assistance and organizations that have successfully will be in alignment with the leadership in assuring highly functional competed for funding under a separate performance goals of the President’s and operational testing systems, and HHS contract, cooperative agreement or Emergency Plan and with one (or more) assuring quality systems integration, in grant will provide technical assistance of the following performance goal(s) for building the capacity of health and training. the National Center for HIV, Sexually laboratories to support HIV/AIDS This announcement is only for non- Transmitted Diseases, and Tuberculosis prevention, care and treatment: research activities supported by HHS/ Prevention of the Centers for Disease a. Provide assistance and leadership CDC. If an applicant proposes research Control and Prevention (CDC) within in the development of standard activities, HHS will not review the the U.S. Department of Health and operating procedures for quality system application. For the definition of Human Services (HHS): By 2010, work components (for example: Sample ‘‘research’’, please see the HHS/CDC with other countries, international management; process control; and Web site at the following Internet organizations, the Department of State, information management). address: http://www.cdc.gov/od/ads/ b. Serve as the primary resource for United States Agency for International opspoll1.htm. Development (USAID), and other receipt of, and knowledge transfer of, II. Award Information partners to achieve the United Nations international standards and guidelines General Assembly Special Session on for quality systems, such as those from Type of Award: Cooperative HIV/AIDS goal of reducing prevalence the International Organization for Agreement. among young persons 15 to 24 years of Standardization (IOS) and the U.S. HHS involvement in this program is age, reducing HIV transmission, and National Committee for Clinical listed in the Activities Section above. improving care of persons living with Laboratory Standards (NCCLS). Fiscal Year Funds: 2006. c. Provide technical assistance and HIV/AIDS (PLWHA). Approximate Total Funding: coordination support for external Activities: Applicants should describe $3,600,000. (This amount is an estimate quality-assessment (proficiency testing) activities in detail as part of a four-year for the entire project period, and is programs. subject to availability of funds.) action plan (U.S. Government Fiscal 3. Serve as a supra-reference Years 2005–2008 inclusive) that reflects laboratory for HIV-related Testing in Approximate Number of Awards: the policies and goals outlined in the Tanzania: Two. five-year strategy for the President’s a. Evaluate, provide and assist, when Approximate Average Award: Emergency Plan. needed, with technology transfer for $450,000. (This amount is for the first The grantee will produce an annual new diagnostic tests, diagnostic testing 12-month budget period, and includes operational plan in the context of this algorithms, tests to stage disease and indirect costs.) four-year plan, which the U.S. monitor immune function, and tests for Floor of Award Range: None. Government Emergency Plan team on anti-retroviral resistance. Ceiling of Award Range: $600,000. the ground in Tanzania will review as b. Serve as the ultimate referral (This ceiling is for the first 12-month part of the annual Emergency Plan for laboratory in Tanzania for samples that budget period.) AIDS Relief Country Operational Plan present unusual or unique testing. Anticipated Award Date: October 30, review and approval process managed In a cooperative agreement, HHS staff 2005. by the Office of the U.S. Global AIDS is substantially involved in the program Budget Period Length: 12 months. Coordinator. HHS/CDC, under the activities, above and beyond routine Project Period Length: Four years. guidance of the U.S. Global AIDS grant monitoring. Throughout the project period, HHS’ Coordinator, will approve funds for CDC Activities for this program are as commitment to continuation of awards activities on an annual basis, based on follows: will be conditioned on the availability documented performance toward 1. Collaborate with the applicant, the of funds, evidence of satisfactory achieving Emergency Plan goals, as part Tanzania MOH and other in-country progress by the recipient (as of the annual Emergency Plan for AIDS and international partners, in the documented in required reports), and Relief Country Operational Plan review development of plans for program the determination that continued and approval process. assistance based on the country needs, funding is in the best interest of the Awardee activities for this program the HHS technical assistance portfolio, Federal Government, through the are as follows: and HIV laboratory activities conducted Emergency Plan for AIDS Relief review 1. Provide leadership in HIV/AIDS- by other partners. and approval process for Country related laboratory training: 2. Provide consultation and scientific Operational Plans, managed by the a. Develop training materials and technical assistance based on the Office of the U.S. Global AIDS (including doing educational design) for ‘‘CDC Global AIDS Program (GAP) Coordinator.

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III. Eligibility Information • HHS/CDC will consider late of program goals, the amount of funding applications non-responsive. See requested for budget year one of this III.1. Eligible Applicants section ‘‘IV.3. Submission Dates and cooperative agreement, and the project’s Applications may be submitted by: Times’’ for more information on contribution to the Goals and Objectives • Public nonprofit organizations. deadlines. of the Emergency Plan for AIDS Relief. • Private nonprofit organizations. • • • Note: Title 2 of the United States Code Needs Assessment and Capacity Universities. Describe the documented need for the • Colleges. Section 1611 states that an organization • described in Section 501(c)(4) of the Internal proposed activities; current activities For profit organizations. that provide relevant experience and • Small, minority, women-owned Revenue Code that engages in lobbying activities is not eligible to receive Federal expertise to perform the proposed businesses. funds constituting a grant, loan, or an award. • Community-based organizations. activities; and collaborative • Research institutions. IV. Application and Submission relationships with other agencies and • Hospitals. Information organizations that will be involved in • Faith-based organizations. the proposed activities. • Federally recognized Indian tribal IV.1. Address To Request Application • Year One Operational and governments. Package Evaluation Plan • Indian tribes. To apply for this funding opportunity Provide specific, measurable, and • Indian tribal organizations. use application form PHS 5161–1. time-phased year one objectives for each • State and local governments or their Electronic Submission: HHS strongly proposed project; the specific activities Bona Fide Agents (this includes the encourages you to submit your proposed to achieve the year one District of Columbia, the application electronically by using the objectives; and a projected timetable for Commonwealth of Puerto Rico, the forms and instructions posted for this completion that displays dates for the Virgin Islands, the Commonwealth of announcement on www.Grants.gov, the accomplishment of tasks and identifies the Northern Mariana Islands, American official Federal agency wide E-grant responsible parties. For each year one Samoa, Guam, the Federated States of Web site. Only applicants who apply objective, specify how achievement will Micronesia, the Republic of the on-line are permitted to forego paper be measured and documented. • Marshall Islands, and the Republic of copy submission of all application Four-Year Plan Palau). forms. Describe realistic four-year goals and • Political subdivisions of States (in Paper Submission: Application forms measurable, time-phased objectives for consultation with States). and instructions are available on the each proposed project; the major In addition, applicants must meet the HHS/CDC Web site, at the following activities to achieve each objective; criteria listed below: Internet address: www.cdc.gov/od/pgo/ plans for collaboration with partners, • Be local indigenous to Tanzania. including the CDC; and the evaluation • forminfo.htm. Have at least three years of If you do not have access to the process that will be used to determine documented HIV/AIDS related program Internet, or if you have difficulty effectiveness and initiate modifications, implementation experience in Tanzania accessing the forms on-line, contact the as needed. • particularly related laboratory training HHS/CDC Procurement and Grants Management and Staffing Plan and lab quality assurance. Describe how the program will be • Office Technical Information Provide letters of support from the Management Section (PGO–TIM) staff at effectively managed. Include the Tanzania Ministry of Health and the 770–488–2700. We can mail application following: National Institute for Medical Research forms to you. a. Management structure, including as evidence of having established the lines of authority and plans for fiscal working relationships that can build IV.2. Content and Form of Submission control. upon an existing framework. Application: You must submit a b. The staff positions responsible for implementation of the program. III.2. Cost Sharing or Matching Funds project narrative with your application forms. You must submit the narrative in c. Qualifications and experience of Matching funds are not required for the following format: the designated staff. • this program. Although matching funds • Maximum number of pages: 35. If Budget and Justification are not required, preference will go to your narrative exceeds the page limit, Provide a detailed 12-month budget organizations that can leverage we will only review the first pages request and line item justification that is additional funds to contribute to within the page limit. consistent with the purpose of the program goals. • Font size: 12 point unreduced. program and the proposed objectives • and activities. The budget must be III.3. Other Double-spaced. • Paper size: 8.5 by 11 inches. included within the 35 pages. If applicants request a funding • Page margin size: One inch. You may include additional amount greater than the ceiling of the • Printed only on one side of page. information in the application award range, HHS/CDC will consider • Held together only by rubber bands appendices. The appendices will not the application non-responsive, and it or metal clips; not bound in any other count toward the narrative page limit. will not enter into the review process. way. This additional information includes We will notify you that your application • You MUST submit your application the following: did not meet the submission in English. • Curriculum Vitas. requirements. Your narrative should address • Resumes. Special Requirements: If your activities to be conducted over the • Organizational Charts. application is incomplete or non- entire project period, and must include • Letters of Support. responsive to the special requirements the following items in the order listed: You must have a Dun and Bradstreet listed in this section, it will not enter • Executive Summary. Data Universal Numbering System into the review process. We will notify Provide a clear and concise summary (DUNS) number to apply for a grant or you that your application did not meet of the proposed goals, major objectives cooperative agreement from the Federal submission requirements. and activities required for achievement government. The DUNS number is a

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nine-digit identification number, which If you submit a hard copy application, World Health Organization, Indirect uniquely identifies business entities. HHS/CDC will not notify you upon Costs will not be paid (either directly or Obtaining a DUNS number is easy, and receipt of the submission. If you have a through sub-award) to organizations there is no charge. To obtain a DUNS question about the receipt of your located outside the territorial limits of number, access application, first contact your courier. If the United States or to international www.dunandbradstreet.com or call 1– you still have a question, contact the organizations, regardless of their 866–705–5711. PGO–TIM staff at 770–488–2700. Before location. For more information, see the HHS/ calling, please wait two to three days • The applicant may contract with CDC Web site at: http://www.cdc.gov/ after the submission deadline. This will other organizations under this program; od/pgo/funding/grantmain.htm. If your allow time for us to process and log however, the applicant must perform a application form does not have a DUNS submissions. substantial portion of the activities number field, please write your DUNS This announcement is the definitive (including program management and number at the top of the first page of guide on the application content, operations, and delivery of prevention your application, and/or include your submission address, and deadline. It services for which funds are required). DUNS number in your application cover supersedes information provided in the • You must obtain an annual audit of letter. application instructions. If your these HHS/CDC funds (program-specific Additional requirements that could submission does not meet the deadline audit) by a U.S.-based audit firm with require you to submit additional above, it will not be eligible for review, international branches and current documentation with your application and we will discard it. We will notify licensure/authority in-country, and in are listed in section ‘‘VI.2. you that you did not meet the accordance with International Administrative and National Policy submission requirements. Accounting Standard(s) or equivalent Requirements.’’ IV.4. Intergovernmental Review of standards approved in writing by HHS/ IV.3. Submission Dates and Times Applications CDC. • Application Deadline Date: October 7, A Fiscal Recipient Capability Executive Order 12372 does not apply Assessment may be required, prior to or 2005. to this program. Explanation of Deadlines: post award, in order to review the Applications must be received in the IV.5. Funding Restrictions applicant’s business management and fiscal capabilities regarding the HHS/CDC Procurement and Grants Restrictions, which you must take handling of U.S. Federal funds. Office by 4 p.m. Eastern Time on the into account while writing your budget, deadline date. are as follows: Prostitution and Related Activities You may submit your applications • Funds may not be used for research. electronically at www.grants.gov. We • Reimbursement of pre-award costs The U.S. Government is opposed to consider applications completed on-line is not allowed. prostitution and related activities, through Grants.gov as formally • Funds may not be used for any new which are inherently harmful and submitted when the applicant construction. dehumanizing, and contribute to the organization’s Authorizing Official • Antiretroviral drugs—the purchase phenomenon of trafficking in persons. electronically submits the application to of ARVs, reagents, and laboratory Any entity that receives, directly or www.grants.gov. Electronic applications equipment for antiretroviral treatment indirectly, U.S. Government funds in will be considered as having met the projects requires pre-approval in writing connection with this document deadline if the applicant organization’s from HHS/CDC officials. (‘‘recipient’’) cannot use such U.S. Authorizing Official has submitted the • Needle exchange—No funds Government funds to promote or application electronically to Grants.gov appropriated under this solicitation advocate the legalization or practice of on or before the deadline date and time. shall be used to carry out any program prostitution or sex trafficking. Nothing If you submit your application of distributing sterile needles or in the preceding sentence shall be electronically through Grants.gov, your syringes for the hypodermic injection of construed to preclude the provision to application will be electronically time/ any illegal drug. individuals of palliative care, treatment, date stamped, which will serve as • Funds may be spent for reasonable or post-exposure pharmaceutical receipt of submission. You will receive program purposes, including personnel, prophylaxis, and necessary an e-mail notice of receipt when HHS/ travel, supplies, and services. pharmaceuticals and commodities, CDC receives the application. Equipment may be purchased if deemed including test kits, condoms, and, when If you submit your application by the necessary to accomplish program proven effective, microbicides. United States Postal Service or objectives; however, prior approval by A recipient that is otherwise eligible commercial delivery service, you must HHS/CDC officials must be requested in to receive funds in connection with this ensure that the carrier will be able to writing. document to prevent, treat, or monitor guarantee delivery by the closing date • All requests for funds contained in HIV/AIDS shall not be required to and time. If HHS/CDC receives your the budget shall be stated in U.S. endorse or utilize a multisectoral submission after the closing date dollars. Once an award is made, HHS/ approach to combating HIV/AIDS, or to because: (1) Carrier error, when the CDC will not compensate foreign endorse, utilize, or participate in a carrier accepted the package with a grantees for currency exchange prevention method or treatment guarantee for delivery by the closing fluctuations through the issuance of program to which the recipient has a date and time; or (2) significant weather supplemental awards. religious or moral objection. Any delays or natural disasters, you will • The costs that are generally information provided by recipients have the opportunity to submit allowable in grants to domestic about the use of condoms as part of documentation of the carrier’s organizations are allowable to foreign projects or activities that are funded in guarantee. If the documentation verifies institutions and international connection with this document shall be a carrier problem, HHS/CDC will organizations, with the following medically accurate and shall include the consider the submission as having been exception: With the exception of the public health benefits and failure rates received by the deadline. American University, Beirut and the of such use.

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In addition, any recipient must have section, ‘‘Prostitution and Related V. Application Review Information a policy explicitly opposing prostitution Activities.’’ V.1. Criteria and sex trafficking. The preceding You may find guidance for sentence shall not apply to any ‘‘exempt completing your budget on the HHS/ Applicants must provide measures of organizations’’ (defined as the Global CDC Web site, at the following Internet effectiveness that will demonstrate the Fund to Fight AIDS, Tuberculosis and address: http://www.cdc.gov/od/pgo/ accomplishment of the various Malaria, the World Health Organization funding/budgetguide.htm. identified objectives of the cooperative and its six Regional Offices, the agreement. Measures of effectiveness IV.6. Other Submission Requirements International AIDS Vaccine Initiative or must relate to the performance goals to any United Nations agency). Application Submission Address stated in the ‘‘Purpose’’ section of this The following definition applies for announcement. Measures must be Electronic Submission: HHS/CDC purposes of this clause: objective and quantitative, and must • strongly encourages you to submit Sex trafficking means the measure the intended outcome. electronically at www.Grants.gov. The recruitment, harboring, transportation, Applicants must submit these measures application package can be downloaded provision, or obtaining of a person for of effectiveness with the application, from www.Grants.gov. You will be able the purpose of a commercial sex act. 22 and they will be an element of to complete it off-line, and then upload U.S.C. 7102(9). evaluation. All recipients must insert provisions and submit the application via the We will evaluate your application implementing the applicable parts of Grants.gov Web site. We will not accept against the following criteria: this section, ‘‘Prostitution and Related e-mail submissions. If you are having Activities,’’ in all subagreements under technical difficulties in Grants.gov, 1. Technical Approach (25 Points) this award. These provisions must be customer service can be reached by e- express terms and conditions of the mail at [email protected] or by phone Does the applicant describe strategies subagreement, must acknowledge that at 1–800–518–4726 (1–800–518– that are pertinent and match those compliance with this section, GRANTS). The Customer Support identified in the five-year strategy of the ‘‘Prostitution and Related Activities,’’ is Center is open from 7 a.m. to 9 p.m. President’s Emergency Plan and a prerequisite to receipt and Eastern Time, Monday through Friday. activities that are evidence-based, expenditure of U.S. government funds HHS/CDC recommends that you realistic, achievable, measurable and in connection with this document, and submit your application to Grants.gov appropriate to achieve the goals of the must acknowledge that any violation of early enough to resolve any Emergency Plan? Does the applicant’s the provisions shall be grounds for unanticipated difficulties prior to the proposal include an overall design unilateral termination of the agreement deadline. You may also submit a back- strategy, including measurable time prior to the end of its term. Recipients up paper submission of your lines? Does the proposal address regular must agree that HHS may, at any application. We must receive any such monitoring and evaluation, and the reasonable time, inspect the documents paper submission in accordance with potential effectiveness of the proposed and materials maintained or prepared the requirements for timely submission activities in meeting objectives? by the recipient in the usual course of detailed in Section IV.3. of the grant 2. Understanding of the Problem (20 its operations that relate to the announcement. You must clearly mark Points) organization’s compliance with this the paper submission: ‘‘BACK-UP FOR section, ‘‘Prostitution and Related ELECTRONIC SUBMISSION.’’ Does the applicant demonstrate a clear and concise understanding of the Activities.’’ The paper submission must conform nature of the problem described in the All prime recipients that receive U.S. with all requirements for non-electronic Purpose section of this announcement? Government funds (‘‘prime recipients’’) submissions. If we receive both Does the proposal specifically include a in connection with this document must electronic and back-up paper description of the public health certify compliance prior to actual submissions by the deadline, the importance of the planned activities to receipt of such funds in a written electronic version will be considered be undertaken, and a realistic statement that makes reference to this the official submission. presentation of proposed objectives and document (e.g., ‘‘[Prime recipient’s We strongly recommend that you projects? name] certifies compliance with the submit the grant application by using section, ‘Prostitution and Related Microsoft Office products (e.g., 3. Ability To Carry Out the Project (20 Activities.’’’) addressed to the agency’s Microsoft Word, Microsoft Excel, etc.). If Points) grants officer. Such certifications by you do not have access to Microsoft Does the applicant document prime recipients are prerequisites to the Office products, a PDF file may be demonstrated capability to achieve the payment of any U.S. Government funds submitted. You may find directions for purpose of the project? in connection with this document. creating PDF files on the Grants.gov Recipients’ compliance with this Web site. Use of file formats other than 4. Personnel (20 Points) section, ‘‘Prostitution and Related Microsoft Office or PDF could make Activities,’’ is an express term and Are the professional personnel your file unreadable for our staff. condition of receiving U.S. Government involved in this project qualified, with funds in connection with this or evidence of experience in working with document, and any violation of it shall Paper Submission: Submit the HIV/AIDS, opportunistic infections, and be grounds for unilateral termination by original and two hard copies of your HIV/STD surveillance? HHS of the agreement with HHS in application by mail or express delivery 5. Plans for Administration and connection with this document prior to service to the following address: Management of Projects (15 Points) the end of its term. The recipient shall Technical Information Management- refund to HHS the entire amount AA086, CDC Procurement and Grants Is there a plan to manage the furnished in connection with this Office, U.S. Department of Health and resources of the program, prepare document in the event HHS determines Human Services, 2920 Brandywine reports, monitor and evaluate activities the recipient has not complied with this Road, Atlanta, GA 30341. and audit expenditures?

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6. Budget (Not Scored) Unsuccessful applicants will receive Recipients must mail these reports to Is the itemized budget for conducting notification of the results of the the Grants Management or Contract the project, along with justification, application review by mail. Specialist listed in the ‘‘Agency Contacts’’ section of this announcement. reasonable and consistent with stated VI.2. Administrative and National objectives, the five-year strategy and Policy Requirements VII. Agency Contacts goals of the President’s Emergency Plan We encourage inquiries concerning and Emergency Plan, and planned 45 CFR Part 74 and Part 92 this announcement. program activities? For more information on the Code of Federal Regulations, see the National For general questions, contact: V.2. Review and Selection Process Archives and Records Administration at Technical Information Management The HHS/CDC Procurement and the following Internet address: http:// Section, CDC Procurement and Grants Grants Office (PGO) staff will review www.access.gpo.gov/nara/cfr/cfr-table- Office, U.S. Department of Health and applications for completeness, and HHS search.html. Human Services, 2920 Brandywine Global AIDS program will review them The following additional Road, Atlanta, GA 30341. Telephone: for responsiveness. Incomplete requirements apply to this project: 770–488–2700. For program technical assistance, applications and applications that are • AR–4 HIV/AIDS Confidentiality contact: Cecil Threat, Project Officer, non-responsive to the eligibility criteria Provisions. • Global AIDS Program, c/o American will not advance through the review AR–6 Patient Care. • Embassy, 2140 Dar es Salaam Place, process. Applicants will receive AR–8 Public Health System Washington, DC 20521–2140. notification that their application did Reporting Requirements. • AR–12 Lobbying Restrictions. Telephone: 255 22 212 1407. Cell: 255 not meet submission requirements. • AR–14 Accounting System An objective review panel will 744 222986. Fax: 255 22 212 1462. E- Requirements. evaluate complete and responsive mail: [email protected]. Applicants can find additional For financial, grants management, or applications according to the criteria information on these requirements on budget assistance, contact: Diane listed in the ‘‘V.1. Criteria’’ section the HHS/CDC Web site at the following Flournoy, Grants Management above. All persons who serve on the Internet address: http://www.cdc.gov/ Specialist, CDC Procurement and Grants panel will be external to the U.S. od/pgo/funding/ARs.htm. Office, U.S. Department of Health and Government Country Program Office. You need to include an additional Human Services, 2920 Brandywine The panel may include both Federal and Certifications form from the PHS5161– Road, Atlanta, GA 30341. Telephone: non-Federal participants. 1 application in the Grants.gov 770–488–2072. E-mail: [email protected]. In addition, the following factors electronic submission only. Please refer could affect the funding decision: to http://www.cdc.gov/od/pgo/funding/ VIII. Other Information While U.S.-based organizations are PHS5161–1-Certificates.PDF. Once you Applicants can find this and other eligible to apply, we will give have filled out the form, please attach it HHS funding opportunity preference to existing national/ to the Grants.gov submission as Other announcements on the HHS/CDC Web Tanzanian organizations. It is possible Attachment Forms. site, Internet address: www.cdc.gov for one organization to apply as lead VI.3. Reporting Requirements (click on ‘‘Funding’’ then ‘‘Grants and grantee with a plan that includes Cooperative Agreements’’), and on the partnering with other organizations, You must provide HHS/CDC with an Web site of the HHS Office of Global preferably local. Although matching original, plus two hard copies, of the Health Affairs, Internet address: funds are not required, preference will following reports: www.globalhealth.gov. be go to organizations that can leverage 1. Interim progress report, due no less additional funds to contribute to than 90 days before the end of the Dated: August 31, 2005. program goals. budget period. The progress report will William P. Nichols, Applications will be funded in order serve as your non-competing Director, Procurement and Grants Office, by score and rank determined by the continuation application, and must Centers for Disease Control and Prevention, review panel. HHS/CDC will provide contain the following elements: U.S. Department of Health and Human justification for any decision to fund out a. Current Budget Period Activities Services. of rank order. Objectives. [FR Doc. 05–17679 Filed 9–6–05; 8:45 am] In addition, the following factors may b. Current Budget Period Financial BILLING CODE 4163–18–P affect the funding decision: Progress. • Maintaining geographic diversity c. New Budget Period Program Proposed Activity Objectives. DEPARTMENT OF HEALTH AND V.3. Anticipated Announcement and d. Budget. HUMAN SERVICES Award Dates e. Measures of Effectiveness, October 30, 2005. including progress against the Centers for Disease Control and numerical goals of the President’s Prevention VI. Award Administration Information Emergency Plan for AIDS Relief for [ATSDR 213] VI.1. Award Notices Tanzania. f. Additional Requested Information. Successful applicants will receive a Fees for Sanitation Inspections of 2. Annual progress report, due no Cruise Ships Notice of Award (NoA) from the HHS/ later than 90 days after the end of the CDC Procurement and Grants Office. budget period. AGENCY: Centers for Disease Control and The NoA shall be the only binding, 3. Financial status report, due no later Prevention (CDC), Department of Health authorizing document between the than 90 days after the end of the budget and Human Services (HHS). recipient and HHS/CDC. An authorized period. ACTION: Notice. Grants Management Officer will sign the 4. Final financial and performance NoA and mail it to the recipient fiscal reports, due no later than 90 days after SUMMARY: This notice announces fees officer identified in the application. the end of the project period. for vessel sanitation inspections for

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fiscal year 2006 (October 1, 2005, 2005. The formula used to determine which became effective October 1, 2001, through September 30, 2006). the fees is as follows: will remain the same in Fiscal year 2006. If travel expenses continue to FOR FURTHER INFORMATION CONTACT: Average Cost Per Inspection = Total increase, the fees may be adjusted before David Forney, Chief, Vessel Sanitation Cost of VSP ÷ Weight Number of Annual September 30, 2006, since travel Program, Division of Emergency and Inspection Environmental Health Services (EEHS), constitutes a sizable portion of VSP’s National Center for Environmental The average cost per inspection is costs. If an adjustment is necessary, a Health (NCEH), telephone (770) 488– multiplied by a size/cost factor to notice will be published in the Federal 7333 or e-mail [email protected]. determine the fee for vessels in each Register 30 days before the effective SUPPLEMENTARY INFORMATION: size category. The size/cost factor was date. established in the proposed fee schedule Applicability Purpose and Background published in the Federal Register on The fee schedule for sanitation July 17, 1987 (52 FR 27060), and revised The fees will apply to all passenger inspections of passenger cruise ships in a schedule published in the Federal cruise vessels for which inspections are inspected under the Vessel Sanitation Register on November 28, 1989 (54 FR conducted as part of CDC’s VSP. Program (VSP) was first published in 48942). The revised size/cost factor is Dated: August 30, 2005. the Federal Register on November 24, presented in Appendix A. 1987 (52 FR 45019), and CDC began Kenneth Rose, Fees collecting fees on March 1, 1988. Since Acting Director, Centers for Disease Control then, CDC has published the fee The fee schedule (Appendix A) will and Prevention (CDC), NCEH/ATSDR Office of Policy, Planning, and Evaluation. schedule annually. This notice be effective October 1, 2005, through announces fees effective October 1, September 30, 2006. The fee schedule, Appendix A

SIZE/COST FACTOR

Average Vessel size GRT 1 cost ($U.S.) per GRT

Extra Small ...... > 3,001 0.25 Small ...... 3,001–15,000 0.50 Medium ...... 15,001–30,000 1.00 Large ...... 30,001–60,000 1.50 Extra Large ...... > 60,000 2.00

FEE SCHEDULE OCTOBER 1, 2005–SEPTEMBER 30, 2006

Vessel size GRT 1 Fee

Extra Small ...... > 3,001 1,150 Small ...... 3,001–15,000 2,300 Medium ...... 15,001–30,000 4,600 Large ...... 30,001–60,000 6,900 Extra Large ...... > 60,000 9,200

Inspections and reinspections involve the DEPARTMENT OF HEALTH AND continuation application for the award same procedure, require the same amount of HUMAN SERVICES of a cooperative agreement to the Waste- time, and are therefore charged at the same Management Education and Research rate. Food and Drug Administration Consortium (WERC): A Consortium for [FR Doc. 05–17663 Filed 9–6–05; 8:45 am] Environmental Education and WERC: A Consortium for BILLING CODE 4163–18–P Technology Development to support the Environmental Education and Annual Environmental Design Contest. Technology Development, Annual FDA anticipates providing $106,000 Environmental Design Contest; (direct and indirect costs combined) in Availability of Sole Source Competing fiscal year 2005 in support of this Continuation Cooperative Agreement; Request for Application: RFA-FDA- research project. Subject to the CFSAN–2005–3; Catalog of Federal availability of Federal funds and Domestic Assistance Number 93.103 successful performance, 4 additional years of support up to $106,000 (direct AGENCY: Food and Drug Administration, and indirect costs combined) per year HHS. will be available. FDA will support the research covered by this notice under ACTION: Notice. the authority of section 301 of the Public Health Service Act (42 U.S.C. I. Funding Opportunity Description 241). FDA’s research program is The Food and Drug Administration described in the Catalog of Federal 1 Gross register tonnage in cubic feet, as shown in (FDA) is announcing its intent to accept Domestic Assistance No. 93.103. Before Lloyd’s Register of Shipping. and consider a single source competing entering into cooperative agreements,

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FDA carefully considers the benefits Contracts and Grants Management to the Division of Small Manufacturers, such agreements will provide to the (HFA–500), Food and Drug International, and Consumer Assistance public. The cooperative agreement Administration, 5600 Fishers Lane, (HFZ–220), Center for Devices and ensures FDA’s continued participation Rockville, MD 20857, 301–827–7180, e- Radiological Health, Food and Drug and support in the Annual mail: [email protected] or Administration, 1350 Piccard Dr., Environmental Design Contest. Through [email protected]. This RFA can be Rockville, MD 20850. Send one self- a mix of science and engineering, it viewed on Grants.gov under ‘‘Grant addressed adhesive label to assist that creates new resources and stimulates Find.’’ A copy of the complete RFA can office in processing your request, or fax new and timely solutions to real world also be viewed on the FDA/CFSAN your request to 301–443–8818. See the environmental problems. website at http://www.cfsan.fda.gov/ SUPPLEMENTARY INFORMATION section for II. Eligibility Information list.html. For issues regarding the information on electronic access to the programmatic aspects of this notice: guidance. Competition is limited to WERC Wendy Buckler, Center for Food Safety Submit written comments concerning because it is a unique educational and Applied Nutrition, 5100 Paint this draft guidance and the information opportunity and is the only college level Branch Pkwy., College Park, MD 20740, collection provisions to the Division of competition of its kind. 301–436–1926, email: Dockets Management (HFA–305), Food WERC, a Consortium for [email protected]. and Drug Administration, 5630 Fishers Environmental Education and Lane, rm. 1061, Rockville, MD 20852. Technology Development, a program of Dated: September 1, 2005. Jeffrey Shuren, Submit electronic comments to http:// the College of Engineering at New www.fda.gov/dockets/ecomments. Assistant Commissioner for Policy. Mexico State University, was Identify comments with the docket established in 1990 under a cooperative [FR Doc. 05–17731 Filed 9–6–05; 8:45 am] number found in brackets in the agreement with the U.S. Department of BILLING CODE 4160–01–S heading of this document. Energy. Starting in 1991, WERC has conducted an Annual Environmental FOR FURTHER INFORMATION CONTACT: Design Contest which is a unique DEPARTMENT OF HEALTH AND Carol Benson, Center for Devices and educational experience for students HUMAN SERVICES Radiological Health (HFZ–440), Food from throughout the world. The contest and Drug Administration, 9200 provides an opportunity for students to Food and Drug Administration Corporate Blvd., Rockville, MD 20850, 240–276–0443, ext. 144. address real world environmental and [Docket No. 2001D–0044] food safety related problems, experience SUPPLEMENTARY INFORMATION: a team developed project, publish Draft Guidance for Industry and Food I. Background research papers, and network with and Drug Administration Staff: experts and potential employers. The Recommendations for Clinical CLIA requires that clinical contest is open to any 2-year, 4-year, or Laboratory Improvement Amendments laboratories obtain a certificate from the graduate degree institution. A high of 1988 Waiver Applications; Secretary of Health and Human Services school-level competition has been held Availability (the Secretary) before accepting concurrently with the university contest materials derived from the human body since 1997. Many of the tasks deal with AGENCY: Food and Drug Administration, for laboratory tests (42 U.S.C. 263(b)). waste disposal, ground water HHS. Laboratories that perform only tests contamination, nuclear waste treatment, ACTION: Notice. that are ‘‘simple’’ and that have an and similar subjects; however in 2001, ‘‘insignificant risk of an erroneous SUMMARY: The Food and Drug a food safety track was added and the result’’ may obtain a certificate of Administration (FDA) is announcing the waiver (42 U.S.C. 263a(c)(2)). The contest was broadened to include availability of the draft guidance disciplines such as microbiology and Secretary has delegated to FDA the entitled ‘‘Recommendations for Clinical authority to determine under CLIA chemical contaminants in foods. The Laboratory Improvement Amendments FDA has supported this program since whether particular tests (waived tests) of 1988 (CLIA) Waiver Applications.’’ are ‘‘simple’’ and have ‘‘an insignificant Fiscal Year 2000. This notice confirms FDA is issuing this draft guidance to FDA’s intent to fund for another 5-year risk of an erroneous result’’ (April 27, recommend an approach for 2004, 69 FR 22849). This draft guidance project period. determining whether a laboratory test As of October 1, 2003, applicants are document describes recommendations may be performed by laboratories with required to have a Dun and Bradstreet for device manufacturers submitting to a certificate of waiver under CLIA. This Number (DUNS) to apply for a grant or FDA an application for determination draft guidance replaces the previous cooperative agreement from the Federal that a cleared or approved device meets draft guidance entitled ‘‘Guidance for Government. The DUNS number is a 9- this CLIA standard (CLIA waiver Clinical Laboratory Improvement digit identification number, which application). Amendments of 1988 (CLIA) Criteria for uniquely identifies business entities. FDA previously issued a draft Waiver,’’ March 1, 2001. Obtaining a DUNS number is easy and guidance entitled ‘‘Clinical Laboratory there is no charge. To obtain a DUNS DATES: Submit written or electronic Improvement Amendments of 1988 number, call 1–866–705–5711. You comments on this draft guidance by (CLIA) Criteria for Waiver’’ on March 1, should identify yourself as a Federal December 6, 2005. Submit written 2001. This new draft guidance replaces grant applicant when you contact Dun comments on the information collection the previous draft guidance. and Bradstreet, Inc. provisions by November 7, 2005. The changes compared to the ADDRESSES: Submit written requests for previous draft guidance include the III. Application and Submission single copies on a 3.5″ diskette of the following: (1) Greater emphasis on For further information or a copy of draft guidance document entitled scientifically-based flex studies and the complete Request for Applications ‘‘Recommendations for Clinical validation studies, linked to the hazard (RFA) contact Cynthia Polit, Grants Laboratory Improvement Amendments analysis for each device; (2) recognition Management Specialist, Division of of 1988 (CLIA) for Waiver Applications’’ that reference methods may not be

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available for every device type (although manufacturers’ addresses), small CLIA requires that clinical laboratories devices should be traceable to methods manufacturer’s assistance, information obtain a certificate from the Secretary of of known accuracy when true reference on video conferencing and electronic Health and Human Services before methods are available); (3) additional submissions, Mammography Matters, accepting materials derived from the emphasis on use of quality control and other device-oriented information. human body for laboratory tests (42 procedures; (4) greater emphasis on The CDRH Web site may be accessed at U.S.C. 263a(b)). Laboratories that intended users during studies testing http://www.fda.gov/cdrh. A search perform only tests that are ‘‘simple’’ and the device; and (5) updated study capability for all CDRH guidance that have an ‘‘insignificant risk of an recommendations with emphasis on use documents is available at http:// erroneous result’’ may obtain a of patient specimens, in an intended use www.fda.gov/cdrh/guidance.html. certificate of waiver (42 U.S.C. environment, over time. Guidance documents are also available 263a(c)(2)). The Secretary has delegated FDA bases the recommendations in on the Division of Dockets Management to FDA the authority to determine this draft guidance on its interpretation Internet site at http://www.fda.gov/ whether particular tests (waived tests) of CLIA, FDA’s experience with CLIA ohrms/dockets. are ‘‘simple’’ and have ‘‘an insignificant complexity determinations, and the IV. Paperwork Reduction Act of 1995 risk of an erroneous result’’ under CLIA agency’s interactions with stakeholders. (69 FR 22849). This guidance document Under the Paperwork Reduction Act One of the interactions with describes recommendations for device of 1995 (the PRA) (44 U.S.C. 3501– stakeholders was at an open public manufacturers submitting to FDA an 3520), Federal agencies must obtain workshop on August 14 and 15, 2000. application for determination that a approval from the Office of Management In addition, a proposal presented by cleared or approved device meets this (Advanced Medical Technology and Budget (OMB) for each collection of CLIA standard (CLIA waiver Association) AdvaMed at the September information they conduct or sponsor. application). 2003 Clinical Laboratory Improvement ‘‘Collection of information’’ is defined Advisory Committee (CLIAC) meeting, in 44 U.S.C. 3502(3) and 5 CFR The guidance recommends that CLIA and recommendations proposed by 1320.3(c) and includes agency requests waiver applications include a CLIAC during the February 2004 or requirements that members of the description of the features of the device meeting were considered in the public submit reports, keep records, or that make it ‘‘simple’’; a report development of this guidance. provide information to a third party. describing a hazard analysis that Section 3506(c)(2)(A) of the PRA (44 identifies potential sources of error, II. Significance of Guidance U.S.C. 3506(c)(2)(A)) requires Federal including a summary of the design and This draft guidance is being issued agencies to provide a 60-day notice in results of flex studies and conclusions consistent with FDA’s good guidance the Federal Register concerning each drawn from the flex studies; a practices regulation (21 CFR 10.115). proposed collection of information description of fail-safe and failure alert The draft guidance when finalized will before submitting the collection to OMB mechanisms and a description of the represent the agency’s current thinking for approval. To comply with this studies validating these mechanisms; a on recommendations for CLIA Waiver requirement, FDA is publishing notice description of clinical tests that Applications. It does not create or of the proposed collection of demonstrate the accuracy of the test in confer any rights for or on any person information set forth in this document. the hands of intended operators; and and does not operate to bind FDA or the With respect to the following statistical analyses of clinical study public. An alternative approach may be collection of information, FDA invites results. The guidance also makes used if such approach satisfies the comments on the following topics: (1) recommendations concerning labeling requirements of the applicable statute Whether the proposed collection of of waived tests. The burden associated and regulations. information is necessary for the proper with most of these labeling performance of FDA’s functions, III. Electronic Access recommendations is approved under including whether the information will OMB control number 0910–0485. Only To receive ‘‘Clinical Laboratory have practical utility; (2) the accuracy of new information collections not already Improvement Amendments of 1988 FDA’s estimate of the burden of the approved are included in the estimate (CLIA) Waiver Applications,’’ you may proposed collection of information, below. The recommendation for quick either send a fax request to 301–443– including the validity of the reference instructions is a new 8818 to receive a hard copy of the methodology and assumptions used; (3) information collection which FDA is document, or send an e-mail request to ways to enhance the quality, utility, and submitting to OMB for review. Quick [email protected] to receive a hard copy clarity of the information to be reference instructions are a short or an electronic copy. Please use the collected; and (4) ways to minimize the version of the instructions that are document number (1171) to identify the burden of the collection of information written in simple language and that can guidance you are requesting. on respondents, including through the be posted. The guidance also notes that Persons interested in obtaining a copy use of automated collection techniques, waived tests remain subject to of the draft guidance may also do so by when appropriate, and other forms of applicable reporting and recordkeeping using the Internet. CDRH maintains an information technology. requirements under 21 CFR part 803. entry on the Internet for easy access to Title: Recommendations for CLIA The burden associated with this information including text, graphics, Waiver Applications provision is approved under OMB and files that may be downloaded to a Description: Congress passed the control number 0910–0437. personal computer with Internet access. CLIA (Public Law 100–578) in 1988 to Updated on a regular basis, the CDRH establish quality standards for all Respondents to this collection of home page includes device safety alerts, laboratory testing. The purpose was to information are manufacturers of in Federal Register reprints, information ensure the accuracy, reliability, and vitro diagnostic devices. on premarket submissions (including timeliness of patient test results FDA estimates the burden of this lists of approved applications and regardless of where the test took place. collection as follows.

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Re- Annual Frequency per Operating and Mainte- spondents Response Total Annual Responses Hours per response Total Hours nance Costs

40 1 40 780 31,200 $5,500 1There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Rec- Annual Frequency per Operating and Mainte- ordkeepers Recordkeeping Total Annual Records Hours per Record Total Hours nance Costs

40 1 40 2,800 112,000 $60,700 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on previous years’ experience DEPARTMENT OF HEALTH AND by mail by calling CBER at 1–800–835– with CLIA waiver applications, FDA HUMAN SERVICES 4709 or 301–827–1800. Submit written expects 40 manufacturers to apply for comments on the draft guidance to the one CLIA waiver per year. The annual Food and Drug Administration Division of Dockets Management (HFA– reporting burden to respondents is [Docket No. 2005D–0334] 305), Food and Drug Administration, estimated to be 31,200 hours, and 5630 Fishers Lane, rm. 1061, Rockville, recordkeeping burdens for respondents Draft Guidance for Industry on the MD 20852. Submit electronic comments is estimated to be 112,000 hours. FDA Pediatric Research Equity Act; to http://www.fda.gov/dockets/ based the reporting and recordkeeping Availability ecomments. See the SUPPLEMENTARY INFORMATION section for electronic burden on an agency analysis of AGENCY: Food and Drug Administration, access to the draft guidance document. premarket submissions with clinical HHS. FOR FURTHER INFORMATION CONTACT: trials similar to the waived laboratory ACTION: Notice. Grace Carmouze, Center for Drug tests. SUMMARY: The Food and Drug Evaluation and Research (HFD– The total operating and maintenance Administration (FDA) is announcing the 950), Food and Drug cost associated with the implementation availability of a draft guidance for Administration,5600 Fishers Lane, of this draft guidance is estimated to be industry entitled ‘‘How to Comply with Rockville, MD 20857, 301–594– $66,200. The cost consists of specimen the Pediatric Research Equity Act.’’ This 2041, or Leonard Wilson, Center for Biologics collection for the clinical study draft guidance provides Evaluation and Research (HFM–25), (estimated at $23,500); laboratory recommendations on how to interpret Food and Drug Administration, supplies, reference testing and study the requirements of the Pediatric 1401 Rockville Pike, suite 200N oversight (estimated $26,700); shipping Research Equity Act (PREA), which Rockville, MD 20852–1448, 301– and office supplies (estimated $6,000); requires pediatric studies of certain 827–0373. and educational materials, including drugs and biological products to ensure quick reference instructions ($10,000). that those products that are likely to be SUPPLEMENTARY INFORMATION: commonly used in children or that V. Comments I. Background represent a meaningful therapeutic FDA is announcing the availability of Interested persons may submit to the benefit over existing treatments contain a draft guidance for industry entitled Division of Dockets Management (see adequate pediatric labeling for approved ‘‘How to Comply with the Pediatric ADDRESSES) written or electronic indications. Research Equity Act.’’ On December 3, comments regarding this document. DATES: Submit written or electronic 2003, the Pediatric Research Equity Act Submit a single copy of electronic comments on the draft guidance by was signed into law. PREA amends the comments or two paper copies of any November 7, 2005. General comments Federal Food, Drug, and Cosmetic Act mailed comments, except that on agency guidance documents are (the act) by adding section 505B (21 individuals may submit one paper copy. welcome at any time. U.S.C. 355B). In PREA, Congress Comments are to be identified with the ADDRESSES: Submit written requests for codified many of the elements of the docket number found in brackets in the single copies of the draft guidance to the Pediatric Rule, a final rule issued by heading of this document. Received Division of Drug Information (HFD– FDA on December 2, 1998 (63 FR comments may be seen in the Division 240), Center for Drug Evaluation and 66632), and suspended by court order Research, Food and Drug of Dockets Management between 9 a.m. on October 17, 2002. Association of Administration, 5600 Fishers Lane, American Physicians, and Surgeons, and 4 p.m., Monday through Friday. Rockville, MD 20857; or to the Office of Inc. v. FDA, 226 F. Supp. 2d 204 (D.D.C. Dated: August 31, 2005. Communication, Training, and 2002). Specifically, PREA, in adding Jeffrey Shuren, Manufacturers Assistance (HFM–40), section 505B(a) of the act, requires all Assistant Commissioner for Policy. Center for Biologics Evaluation and applications (or supplements to an [FR Doc. 05–17732 Filed 9–1–05; 4:00 pm] Research, Food and Drug application) submitted under section Administration, 1401 Rockville Pike, 505 of the act (21 U.S.C. 355) or section BILLING CODE 4160–01–S Rockville, MD 20852–1448. Send one 351 of the Public Health Service Act self-addressed adhesive label to assist (PHS Act) (42 U.S.C. 262) for a new that office in processing your requests. active ingredient, new indication, new The draft guidance may also be obtained dosage form, new dosing regimen, or

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new route of administration to contain agencies to provide a 60-day notice in indicated) as required by the following a pediatric assessment unless the the Federal Register concerning each PREA requirements described in the applicant has obtained a waiver or proposed collection of information draft guidance: deferral. PREA also authorizes FDA, before submitting the collection to OMB Section 505B(a)(1) and (a)(2)—The under section 505B(b) of the act, to for approval. To comply with this draft guidance provides require holders of previously approved requirement, FDA is publishing notice recommendations for submitting applications for marketed drugs and of the proposed collection of pediatric studies with applications (or biological products to conduct pediatric information set forth in this document. supplements to an application) for a studies under certain circumstances, With respect to the following new active ingredient, new indication, even if the holders are not seeking one collection of information, FDA invites new dosage form, new dosing regimen, of the changes listed under section comment on: (1) Whether the proposed or new route of administration under 505B(a) of the act. This draft guidance collection of information is necessary section 505 of the act or section 351 of only provides recommendations related for the proper performance of FDA’s the PHS Act. These assessments are functions, including whether the to studies required under section required to contain data that are information will have practical utility; 505B(a) of the act.This draft guidance is adequate to assess the safety and (2) the accuracy of FDA’s estimate of the being issued consistent with FDA’s good effectiveness of the drug product for the burden of the proposed collection of guidance practices regulation (21 CFR claimed indications in the relevant information, including the validity of 10.115). The draft guidance, when pediatric subpopulations and to support the methodology and assumptions used; finalized, will represent the agency’s dosing and administration for each (3) ways to enhance the quality, utility, current thinking on how to comply with subpopulation for which the product is PREA. It does not create or confer any and clarity of the information to be safe and effective. FDA estimates that rights for or on any person and does not collected; and (4) ways to minimize the 106 pediatric use assessments will be operate to bind FDA or the public. An burden of the collection on respondents, submitted from 78 applicants and it will alternative approach may be used if including through the use of automated take 50 hours to prepare each such approach satisfies the collection techniques, when assessment. requirements of the applicable statutes appropriate, and other forms of and regulations. information technology. Section 505B(a)(3)—The draft Title: Draft Guidance for Industry: guidance makes recommendations on II. Comments How to Comply with the Pediatric how to request a deferral of some or all Interested persons may submit to the Research Equity Act. assessments of safety and effectiveness Division of Dockets Management (see Description: The draft guidance required under PREA. FDA estimates ADDRESSES) written or electronic provides recommendations to sponsors that it will receive 160 requests to defer comments on the draft guidance. Submit on how to interpret the requirements of assessments from 54 applicants and it a single copy of electronic comments or PREA. PREA requires new drug will take 24 hours to prepare each two paper copies of any mailed applications (NDAs) and biologics request. comments, except that individuals may licensing applications (BLAs) (or Section 505B(a)(4)—The draft submit one paper copy. Comments are supplements to an applications) for a guidance provides recommendations on to be identified with the docket number new active ingredient, new indication, how to request a full or partial waiver found in brackets in the heading of this new dosage form, new dosing regimen, of the pediatric study requirements. document. The draft guidance and or new route of administration to Based on its 2003 and 2004 experience, received comments are available for contain a pediatric assessment unless FDA anticipates that it will receive public examination in the Division of the applicant has obtained a waiver or approximately 110 requests annually Dockets Management between 9 a.m. deferral. Although PREA applies to both from approximately 80 applicants and and 4 p.m., Monday through Friday. new applications (or supplements to an estimates it will take approximately 8 application) and currently marketed III. Paperwork Reduction Act of 1995 hours to prepare each request. drugs and biological products for which Under the Paperwork Reduction Act a sponsor is not seeking one of the Section 505B(e)—The draft guidance (44 U.S.C. 3501–3520) (the PRA), enumerated changes, the guidance only makes recommendations for applicants Federal agencies must obtain approval provides recommendations related to to meet at appropriate times with FDA from the Office of Management and new applications or supplements to to discuss plans and timelines for Budget (OMB) for each collection of applications for drugs and biological pediatric studies and any planned information they conduct or sponsor. products. requests for deferral or waiver of ‘‘Collection of information’’ is defined Description of Respondents: Sponsors pediatric studies. FDA estimates it will in 44 U.S.C. 3502(3) and 5 CFR of NDAs or BLAs for human drugs and receive 160 submissions associated with 1320.3(c) and includes agency requests biological products. meetings to discuss pediatric plans from or requirements that members of the Burden Estimate: FDA is requesting 95 applicants at 16 hours per meeting public submit reports, keep records, or public comments on estimates of annual submission. provide information to a third party. submissions expected in 2005 (based on FDA estimates that the collection of Section 3506(c)(2)(A) of the PRA (44 the number of submissions received in information resulting from this draft U.S.C. 3506(c)(2)(A)) requires Federal 2003 and 2004 unless otherwise guidance is as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN

Number of Responses Total Annual Hours per PREA Provision Number of Respondents per Respondent Responses Response Total Hours

505B(a)(1) and (a)(2) Submis- sion of pediatric assess- ments 78 1 .4 106 50 5,300

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN—Continued

Number of Responses Total Annual Hours per PREA Provision Number of Respondents per Respondent Responses Response Total Hours

505B(a)(3) Deferrals 54 3.0 160 24 3,840

505B(a)(4) Full and partial waivers 80 1 .4 110 8 880

505B(e) Meetings 95 1 .7 160 16 2,560

Total 12,580

In addition, the draft guidance reasonable accommodations, should telephone number and when applicable, the discusses when sponsors may need to notify the Contact Person listed below business or professional affiliation of the report on the status of postmarketing in advance of the meeting. interested person. study commitments as part of annual The meeting will be closed to the Information is also available on the public in accordance with the Institute’s/Center’s Home page: http:// reports submitted under 21 CFR www.drugabuse.gov/NACDA/ 314.81(b) and 21 CFR 601.70. The provisions set forth in sections NACDAHome.html, where an agenda and burdens associated with the annual 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., any additional information for the meeting reporting requirements were previously as amended. The grant applications and will be posted when available. accounted for under OMB number the discussions could disclose (Catalogue of Federal Domestic Assistance 0910–0001 (expires 5/31/08) (for 21 CFR confidential trade secrets or commercial Program Nos. 93.277, Drug Abuse Scientist 314.81(b) and OMB number 0910–0433 property such as patentable material, Development Award for Clinicians, Scientist (expires 3/31/07) (for 21 CFR 601.70). and personal information concerning Development Awards, and Research Scientist individuals associated with the grant Awards; 93.278, Drug Abuse National Furthermore, although labeling Research Service Awards for Research submissions are required under certain applications, the disclosure of which Training; 93.279, Drug Abuse Research PREA provisions (e.g., section would constitute a clearly unwarranted Programs, National Institutes of Health, HHS) 505B(a)(4)(D) of the act), the draft invasion of personal privacy. guidance does not provide Name of Committee: National Advisory Dated: August 29, 2005. recommendations on these requirements Council on Drug Abuse. Anthony M. Coelho, Jr., and therefore FDA has not estimated Date: September 21, 2005. Acting Director, Office of Federal Advisory associated burdens. Closed: 9 a.m. to 11:30 a.m. Committee Policy. Agenda: To review and evaluate grant [FR Doc. 05–17682 Filed 9–6–05; 8:45 am] IV. Electronic Access applications. BILLING CODE 4140–01–M Persons with access to the Internet Place: National Institutes of Health, may obtain the document at http:// Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852. www.fda.gov/cder/guidance/index.htm, Open: 1 p.m. to 4 p.m. DEPARTMENT OF HEALTH AND http://www.fda.gov/cber/ Agenda: This portion of the meeting will HUMAN SERVICES guidelines.htm, or http://www.fda.gov/ be open to the public for announcements and ohrms/dockets/default.htm. reports of administrative, legislative and National Institutes of Health program developments in the drug abuse Dated: August 29, 2005. field. National Heart, Lung, and Blood Jeffrey Shuren, Place: National Institutes of Health, institute; Notice of Closed Meeting Assistant Commissioner for Policy. Neuroscience Center, 6001 Executive [FR Doc. 05–17694 Filed 9–6–05; 8:45 am] Boulevard, Rockville, MD 20852. Pursuant to section 10(d) of the Contact Person: Teresa Levitin, PhD, BILLING CODE 4160–01–S Federal Advisory Committee Act, as Director, Office of Extramural Affairs, amended (5 U.S.C. Appendix 2), notice National Institute on Drug Abuse, NIH, is hereby given of the following DHHS, Room 220, MSC 8401, 6101 Executive meeting. DEPARTMENT OF HEALTH AND Boulevard, Bethesda, MD 20892–8401, (301) HUMAN SERVICES 433–2755. The meeting will be closed to the Any member of the public interested in public in accordance with the National Institutes of Health presenting oral comments to the committee provisions set forth in sections may notify the Contact Person listed on this 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute on Drug Abuse; notice at least 10 days in advance of the as amended. The grant applications and Notice of Meeting meeting. Interested individuals and the discussions could disclose representatives of organizations may submit Pursuant to section 10(d) of the confidential trade secrets or commercial a letter of intent, a brief description of the property such as patentable material, Federal Advisory Committee Act, as organization represented, and a short amended (5 U.S.C. Appendix 2), notice description of the oral presentation. Only one and personal information concerning is hereby given of a meeting of the representative of an organization may be individuals associated with the grant National Advisory Council on Drug allowed to present oral comments and if applications, the disclosure of which Abuse. accepted by the committee, presentations would constitute a clearly unwarranted The meeting will be open to the may be limited to five minutes. Both printed invasion of personal privacy. public as indicated below, with and electronic copies are requested for the record. In addition, any interested person Name of Committee: National Heart, attendance limited to space available. may file written comments with the Lung, and Blood Institute Special Individuals who plan to attend and committee by forwarding their statement to Emphasis Panel, Review of Heart Study need special assistance, such as sign the Contact Person listed on this notice. The Applications (UO1s). language interpretation or other statement should include the name, address, Date: September 13, 2005.

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Time: 1:30 p.m. to 4 p.m. the disclosure of which would These production losses, outages and Agenda: To review and evaluate grant constitute a clearly unwarranted disruptions have already caused large applications. invasion of personal privacy. runups in the price of oil, gasoline and Place: National Institutes of Health, Name of Committee: National Advisory other refined products. The Department 6701 Rockledge Drive, Bethesda, MD Dental and Craniofacial Research Council. of Homeland Security is also now 20892. (Telephone Conference Call). Date: September 23, 2005. receiving reports of threatened or actual Contact Person: Valerie L. Prenger, Open: 8:30 a.m. to 11:55 a.m. shortages of gasoline, jet fuel, and other PhD, Health Scientist Administrator, Agenda: Director’s Report, Implementation refined products, and of the rationing of Review Branch, Room 7214, Division of Plan Report, Concept Clearances. these fuels, both in the Southeast U.S. Extramural Affairs, National Heart, Place: National Institutes of Health, and in other locations throughout the Lung, and Blood Institute, 6701 Building 31, 31 Center Drive, Conference Rm. country. Rockledge Drive, MSC 7924, Bethesda, 6C10, Bethesda, MD 20892. Numerous companies that produce MD 20892–7924, (301) 435–0270, Closed: 1 p.m. to 3 p.m. and/or ship petroleum and/or refined Agenda: To review and evaluate grant [email protected]. applications and/or proposals. petroleum products have submitted to This notice is being published less Place: National Institutes of Health, the Department requests for waivers of than 15 days prior to the meeting due Building 31, 31 Center Drive, Conference Rm. the Merchant Marine Act of 1920 (the to the timing limitations imposed by the 6C10, Bethesda, MD 20892. ‘‘Jones Act’’ ). 46 U.S.C. App. section 1. review and funding cycle. Contact Person: Norman S Braveman, PhD, This and related laws are generally Assistant to the Director, NIH–NIDCR, referred to as the ‘‘coastwise laws.’’ (Catalogue of Federal Domestic Assistance Building 31, Rm. 5B55, Bethesda, MD 20892, These laws provide, among other things, Program Nos. 93.233, National Center for (301) 594–2089, [email protected]. that only vessels built and owned by Sleep Disorders Research; 93.837, Heart and Any interested person may file Vascular Diseases Research; 93.838, Lung citizens of the United States and flagged Diseases Research; 93.839, Blood Diseases written comments with the committee in the United States can carry and Resources Research, National Institutes by forwarding the statement to the merchandise between U.S. ports. of Health, HHS) Contact Person listed on this notice. The The Secretary of Homeland Security statement should include the name, Dated: August 29, 2005. is vested with the authority and address, telephone number and when discretion to waive the coastwise laws Anthony M. Coelho, Jr., applicable, the business or professional ‘‘to such extent and in such manner and Deputy Director, Office of Federal Advisory affiliation of the interested person. upon such terms as he may prescribe, Committee Policy. Information is also available on the either upon his own initiative or upon [FR Doc. 05–17681 Filed 9–6–05; 8:45 am] Institute’s/Center’s hope page: http:// the written recommendation of the head BILLING CODE 4140–01–M www.nidcr.hih.gov/about, where an of any other Government agency, agenda and any additional information whenever he deems that such action is for the meeting will be posted when necessary in the interest of national DEPARTMENT OF HEALTH AND available. defense.’’ In consultation with and upon HUMAN SERVICES (Catalogue of Federal Domestic Assistance the recommendation of the Secretary of National Institutes of Health Program Nos. 93.121, Oral Diseases and Energy, I have determined that such a Disorders Research, National Institutes of waiver, in accordance with the terms set National Institute of Dental & Health, HHS) forth below, is in the interest of the Craniofacial Research; Notice of Dated: August 29, 2005. national defense. Meeting Anthony M. Coelho, Jr., The catastrophic destruction brought Acting Director, Office of Federal Advisory about by Hurricane Katrina has Pursuant to section 10(d) of the Committee Policy. dramatically impeded, and in some Federal Advisory Committee Act, as places in the affected region stopped [FR Doc. 05–17680 Filed 9–6–05; 8:45 am] amended (5 U.S.C. Appendix 2), notice altogether, production and is hereby given of a meeting of the BILLING CODE 4140–01–M transportation or transmission of oil, National Advisory Dental and refined petroleum products, natural gas, Craniofacial Research Council. and electricity. Much of the lost oil The meeting will be open to the DEPARTMENT OF HOMELAND production is from producing areas in public as indicated below, with SECURITY the Gulf of Mexico which have been attendance limited to space available. leased pursuant to programs of the Office of the Secretary Individuals who plan to attend and Department of the Interior. This lost need special assistance, such as sign Waiver of Compliance With Navigation production, refining and transportation language interpretation or other and Inspection Laws capacity has resulted in the threatened reasonable accommodations, should rationing and unavailability of gasoline, notify the Contact Person listed below AGENCY: Office of the Secretary, DHS. jet fuel and other refined products, and in advance of the meeting. ACTION: Notice. threatens the Nation’s economic and The meeting will be closed to the national security. I believe that waiver public in accordance with the Hurricane Katrina is one of the largest of the coastwise laws would facilitate provisions set forth in sections natural disasters to ever strike the the transportation of oil and refined 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., United States. It has significantly petroleum products in and from as amended. The grant applications disrupted production of oil and gas in portions of the United States devastated and/or contract proposals and the the Gulf of Mexico, has caused many by the Hurricane, and to other regions discussions could disclose confidential Gulf Coast oil refineries to go out of affected by the disruptions that have trade secrets or commercial property service because of flooding, lack of occurred in the Gulf Coast area. such as patentable material, and electric power or other reasons, and has Therefore, I am exercising my personal information concerning significantly disrupted the pipeline discretion and authority to waive the individuals associated with the grant transportation of oil and refined coastwise laws generally for the applications and/or contract proposals, products from the Gulf Coast States. transportation of petroleum and refined

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petroleum products for the period until You are authorized to provide assistance Grants; 97.039, Hazard Mitigation Grant 12:01 a.m., September 19, 2005. In for debris removal and emergency protective Program.) measures (Categories A and B) under the addition, I am exercising my discretion Michael D. Brown, Public Assistance program, in the designated and authority to waive the coastwise Under Secretary, Emergency Preparedness laws generally for the transportation of areas, Hazard Mitigation throughout the State, and any other forms of assistance and Response, Department of Homeland petroleum released from the Strategic Security. Petroleum Reserve, whether pursuant to under the Stafford Act you may deem appropriate. Direct Federal assistance is [FR Doc. 05–17695 Filed 9–6–05; 8:45 am] an exchange, sale or otherwise, BILLING CODE 9110–10–P undertaken in response to the authorized. circumstances arising from Hurricane Consistent with the requirement that Federal assistance be supplemental, any Katrina. I find, for the reasons set forth Federal funds provided under the Stafford DEPARTMENT OF HOMELAND above, that such waivers are necessary Act for Public Assistance and Hazard SECURITY in the interest of national defense. Mitigation will be limited to 75 percent of the Dated: September 1, 2005. total eligible costs. For a period of up to 72 Federal Emergency Management Michael Chertoff, hours, you are authorized to fund assistance Agency Secretary. for emergency protective measures, including [FR Doc. 05–17829 Filed 9–2–05; 2:52 pm] direct Federal assistance, at 100 percent of [FEMA–1602–DR] the total eligible costs. The period of up to BILLING CODE 4410–10–P 72 hours at 100 percent excludes debris Florida; Amendment No. 1 to Notice of removal. Federal funding for debris removal a Major Disaster Declaration will remain at 75 percent. If Other Needs DEPARTMENT OF HOMELAND AGENCY: Federal Emergency SECURITY Assistance under Section 408 of the Stafford Act is later requested and warranted, Federal Management Agency, Emergency Preparedness and Response Directorate, Federal Emergency Management funding under that program will also be Department of Homeland Security. Agency limited to 75 percent of the total eligible costs. ACTION: Notice. [FEMA–1602–DR] Further, you are authorized to make changes to this declaration to the extent SUMMARY: This notice amends the notice Florida; Major Disaster and Related allowable under the Stafford Act. of a major disaster declaration for the Determinations State of Florida (FEMA–1602–DR), The Federal Emergency Management AGENCY: Federal Emergency dated August 28, 2005, and related Agency (FEMA) hereby gives notice that determinations. Management Agency, Emergency pursuant to the authority vested in the Preparedness and Response Directorate, Under Secretary for Emergency EFFECTIVE DATE: August 30, 2005. Department of Homeland Security. Preparedness and Response, Department FOR FURTHER INFORMATION CONTACT: ACTION: Notice. of Homeland Security, under Executive Magda Ruiz, Recovery Division, Federal Order 12148, as amended, Justin SUMMARY: This is a notice of the Emergency Management Agency, Presidential declaration of a major DeMello, of FEMA is appointed to act as Washington, DC 20472, (202) 646–2705. the Federal Coordinating Officer for this disaster for the State of Florida (FEMA– SUPPLEMENTARY INFORMATION: The notice declared disaster. 1602–DR), dated August 28, 2005, and of a major disaster declaration for the related determinations. I do hereby determine the following State of Florida is hereby amended to EFFECTIVE DATE: August 28, 2005. areas of the State of Florida to have been include the following areas among those FOR FURTHER INFORMATION CONTACT: affected adversely by this declared areas determined to have been adversely Magda Ruiz, Recovery Division, Federal major disaster: affected by the catastrophe declared a Emergency Management Agency, Broward and Miami-Dade Counties for major disaster by the President in his Washington, DC 20472, (202) 646–2705. assistance for debris removal and emergency declaration of August 28, 2005: SUPPLEMENTARY INFORMATION: Notice is protective measures, including direct Federal Monroe County for Public Assistance. hereby given that, in a letter dated assistance. For a period of up to 72 hours, Broward and Miami-Dade Counties for August 28, 2005, the President declared assistance for emergency protective Public Assistance [Categories C–G] (already a major disaster under the authority of measures, including direct Federal designated for Public Assistance [Categories the Robert T. Stafford Disaster Relief assistance, will be provided at 100 percent of A and B], including direct Federal assistance. For a period of up to 72 hours, assistance for and Emergency Assistance Act, 42 the total eligible costs. The period of up to 72 hours excludes debris removal. emergency protective measures, including U.S.C. 5121–5206 (the Stafford Act), as All counties within the State of Florida are direct Federal assistance, will be provided at follows: eligible to apply for assistance under the 100 percent of the total eligible costs. The I have determined that the damage in Hazard Mitigation Grant Program. period of up to 72 hours at 100 percent excludes debris removal.) certain areas of the State of Florida, resulting (The following Catalog of Federal Domestic from Hurricane Katrina beginning on August Assistance Numbers (CFDA) are to be used (The following Catalog of Federal Domestic 24, 2005, and continuing, is of sufficient Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, severity and magnitude to warrant a major for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora disaster declaration under the Robert T. Community Disaster Loans; 97.031, Cora Stafford Disaster Relief and Emergency Brown Fund Program; 97.032, Crisis Brown Fund Program; 97.032, Crisis Assistance Act, 42 U.S.C. 5121–5206 (the Counseling; 97.033, Disaster Legal Services Counseling; 97.033, Disaster Legal Services Stafford Act). Therefore, I declare that such Program; 97.034, Disaster Unemployment Program; 97.034, Disaster Unemployment a major disaster exists in the State of Florida. Assistance (DUA); 97.046, Fire Management Assistance (DUA); 97.046, Fire Management In order to provide Federal assistance, you Assistance; 97.048, Individual and Assistance; 97.048, Individuals and are hereby authorized to allocate from funds Household Housing; 97.049, Individual and Households Housing; 97.049, Individuals and available for these purposes such amounts as Household Disaster Housing Operations; Households Disaster Housing Operations; you find necessary for Federal disaster 97.050, Individual and Household Program— 97.050 Individuals and Households assistance and administrative expenses. Other Needs; 97.036, Public Assistance Program—Other Needs; 97.036, Public

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Assistance Grants; 97.039, Hazard Mitigation Title V of the Stafford Act as you may deem DEPARTMENT OF HOMELAND Grant Program.) appropriate. SECURITY In order to provide Federal assistance, you Michael D. Brown, are hereby authorized to allocate from funds Federal Emergency Management Under Secretary, Emergency Preparedness available for these purposes such amounts as Agency and Response, Department of Homeland you find necessary for Federal disaster Security. assistance and administrative expenses. [FEMA–3212–EM] [FR Doc. 05–17696 Filed 9–6–05; 8:45 am] Further, you are authorized to make BILLING CODE 9110–10–P changes to this declaration to the extent Louisiana; Amendment No. 1 to Notice allowable under the Stafford Act. of an Emergency Declaration DEPARTMENT OF HOMELAND The Federal Emergency Management AGENCY: Federal Emergency SECURITY Agency (FEMA) hereby gives notice that Management Agency, Emergency pursuant to the authority vested in the Preparedness and Response Directorate, Federal Emergency Management Department of Homeland Security. Agency Under Secretary for Emergency Preparedness and Response, Department ACTION: Notice. [FEMA–3212–EM] of Homeland Security, under Executive SUMMARY: This notice amends the notice Order 12148, as amended, William Louisiana; Emergency and Related of an emergency declaration for the Lokey, of FEMA is appointed to act as Determinations State of Louisiana (FEMA–3212–EM), the Federal Coordinating Officer for this dated August 27, 2005, and related AGENCY: Federal Emergency declared emergency. determinations. Management Agency, Emergency I do hereby determine the following EFFECTIVE DATE: August 29, 2005. Preparedness and Response Directorate, areas of the State of Louisiana to have FOR FURTHER INFORMATION CONTACT: Department of Homeland Security. been affected adversely by this declared Magda Ruiz, Recovery Division, Federal ACTION: Notice. emergency: Emergency Management Agency, SUMMARY: This is a notice of the The parishes of Allen, Avoyelles, Washington, DC 20472, (202) 646–2705. Presidential declaration of an Beauregard, Bienville, Bossier, Caddo, SUPPLEMENTARY INFORMATION: The notice emergency for the State of Louisiana Caldwell, Catahoula, Claiborne, Concordia, of an emergency declaration for the (FEMA–3212–EM), dated August 27, De Soto, East Baton Rouge, East Carroll, East State of Louisiana is hereby amended to 2005, and related determinations. Feliciana, Evangeline, Franklin, Grant, include the following areas among those Jackson, La Salle, Lincoln, Livingston, EFFECTIVE DATE: August 27, 2005. areas determined to have been adversely Madison, Morehouse, Natchitoches, Pointe affected by the catastrophe declared an FOR FURTHER INFORMATION CONTACT: Coupee, Ouachita, Rapides, Red River, Magda Ruiz, Recovery Division, Federal emergency by the President in his Richland, Sabine, St. Helena, St. Landry, declaration of August 27, 2005: Emergency Management Agency, Tensas, Union, Vernon, Webster, West Washington, DC 20472, (202) 646–2705. Carroll, West Feliciana, and Winn for Public The parishes of Acadia, Calcasieu, SUPPLEMENTARY INFORMATION: Notice is Assistance Categories A and B (debris Cameron, Iberia, Iberville, Jefferson Davis, St. hereby given that, in a letter dated removal and emergency protective measures), Martin, St. Mary, Vermilion, and West Baton Rouge for Public Assistance Category B including direct Federal assistance, at 75 August 27, 2005, the President declared (emergency protective measures), including an emergency declaration under the percent Federal funding. direct Federal assistance. authority of the Robert T. Stafford (The following Catalog of Federal Domestic The parishes of Ascension, Assumption, Disaster Relief and Emergency Assistance Numbers (CFDA) are to be used Jefferson, Lafourche, Orleans, Plaquemines, Assistance Act, 42 U.S.C. 5121–5206 for reporting and drawing funds: 97.030, St. Bernard, St. Charles, St. James, St. John, (the Stafford Act), as follows: Community Disaster Loans; 97.031, Cora St. Tammany, Tangipahoa, Terrebonne, and Washington for Public Assistance Categories Brown Fund Program; 97.032, Crisis I have determined that the emergency A and B (debris removal and emergency conditions in certain areas of the State of Counseling; 97.033, Disaster Legal Services protective measures), including direct Louisiana, resulting from Hurricane Katrina Program; 97.034, Disaster Unemployment Federal assistance. beginning on August 26, 2005, and Assistance (DUA); 97.046, Fire Management continuing is of sufficient severity and (The following Catalog of Federal Domestic Assistance; 97.048, Individuals and Assistance Numbers (CFDA) are to be used magnitude to warrant an emergency Households Housing; 97.049, Individuals and declaration under the Robert T. Stafford for reporting and drawing funds: 97.030, Households Disaster Housing Operations; Disaster Relief and Emergency Assistance Community Disaster Loans; 97.031, Cora 97.050 Individuals and Households Program- Act, 42 U.S.C. 5121–5206 (Stafford Act). Brown Fund Program; 97.032, Crisis Therefore, I declare that such an emergency Other Needs, 97.036, Public Assistance Counseling; 97.033, Disaster Legal Services exists in the State of Louisiana. Grants; 97.039, Hazard Mitigation Grant Program; 97.034, Disaster Unemployment You are authorized to provide appropriate Program.) Assistance (DUA); 97.046, Fire Management assistance for required emergency measures, Assistance; 97.048, Individuals and authorized under Title V of the Stafford Act Michael D. Brown, Households Housing; 97.049, Individuals and to save lives, protect public health and safety, Under Secretary, Emergency Preparedness Households Disaster Housing Operations; and property or to lessen or avert the threat and Response, Department of Homeland 97.050 Individuals and Households of a catastrophe in the designated areas. Security. Program—Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Specifically, you are authorized to provide [FR Doc. 05–17697 Filed 9–6–05; 8:45 am] debris removal and emergency protective Grant Program.) BILLING CODE 9110–10–P measures (Categories A and B) under the Michael D. Brown, Public Assistance program, including direct Under Secretary, Emergency Preparedness Federal assistance, at 75 percent Federal and Response, Department of Homeland funding. This assistance excludes regular Security. time costs for subgrantees’ regular employees. In addition, you are authorized to [FR Doc. 05–17698 Filed 9–6–05; 8:45 am] provide such other forms of assistance under BILLING CODE 9110–10–P

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DEPARTMENT OF HOMELAND pursuant to the authority vested in the the proposal by name and/or OMB SECURITY Under Secretary for Emergency Control Number and should be sent to: Preparedness and Response, Department Wayne Eddins, Reports Management Federal Emergency Management of Homeland Security, under Executive Officer, Department of Housing and Agency Order 12148, as amended, William L. Urban Development, 451 7th Street, [FEMA–3213–EM] Carwile, III, of FEMA is appointed to act SW., L’Enfant Plaza Building, Room as the Federal Coordinating Officer for 8001, Washington, DC 20410 or Mississippi; Emergency and Related this declared emergency. [email protected]. Determinations I do hereby determine the following FOR FURTHER INFORMATION CONTACT: areas of the State of Mississippi to have AGENCY: Federal Emergency Doretha S. Dabney, Branch Chief, Single been affected adversely by this declared Family Insurance Operations Branch, Management Agency, Emergency emergency: Preparedness and Response Directorate, Department of Housing and Urban Department of Homeland Security. The counties of Covington, Forrest, Development, 451 7th Street SW., Hancock, Harrison, Jackson, Jefferson Davis, ACTION: Notice. Washington, DC 20410, telephone (202) Jones, Lamar, Marion, Pearl River, and Stone 708–1994, x3471 (this is not a toll free SUMMARY: This is a notice of the for Public Assistance Categories A and B number) for copies of the proposed Presidential declaration of an (debris removal and emergency protective forms and other available information. measures), including direct Federal emergency for the State of Mississippi assistance, at 75 percent Federal funding. SUPPLEMENTARY INFORMATION: The (FEMA–3213–EM), dated August 28, (The following Catalog of Federal Domestic Department is submitting the proposed 2005, and related determinations. Assistance Numbers (CFDA) are to be used information collection to OMB for EFFECTIVE DATE: August 28, 2005. for reporting and drawing funds: 97.030, review, as required by the Paperwork FOR FURTHER INFORMATION CONTACT: Community Disaster Loans; 97.031, Cora Reduction Act of 1995 (44 U.S.C. Magda Ruiz, Recovery Division, Federal Brown Fund Program; 97.032, Crisis Chapter 35, as amended). Counseling; 97.033, Disaster Legal Services Emergency Management Agency, This Notice is soliciting comments Program; 97.034, Disaster Unemployment from members of the public and affected Washington, DC 20472, (202) 646–2705. Assistance (DUA); 97.046, Fire Management SUPPLEMENTARY INFORMATION: Notice is Assistance; 97.048, Individuals and agencies concerning the proposed hereby given that, in a letter dated Households Housing; 97.049, Individuals and collection of information to: (1) Evaluate August 28, 2005, the President declared Households Disaster Housing Operations; whether the proposed collection is an emergency declaration under the 97.050 Individuals and Households necessary for the proper performance of authority of the Robert T. Stafford Program—Other Needs, 97.036, Public the functions of the agency, including Disaster Relief and Emergency Assistance Grants; 97.039, Hazard Mitigation whether the information will have Grant Program.) Assistance Act, 42 U.S.C. 5121–5206 practical utility; (2) evaluate the (the Stafford Act), as follows: Michael D. Brown, accuracy of the agency’s estimate of the Under Secretary, Emergency Preparedness burden of the proposed collection of I have determined that the emergency information; (3) enhance the quality, conditions in certain areas of the State of and Response, Department of Homeland Mississippi, resulting from Hurricane Katrina Security. utility, and clarity of the information to beginning on August 27, 2005, and [FR Doc. 05–17699 Filed 9–6–05; 8:45 am] be collected; and (4) minimize the continuing, is of sufficient severity and BILLING CODE 9110–10–P burden of the collection of information magnitude to warrant an emergency on those who are to respond; including declaration under the Robert T. Stafford the use of appropriate automated Disaster Relief and Emergency Assistance collection techniques or other forms of DEPARTMENT OF HOUSING AND Act, 42 U.S.C. 5121–5206 (Stafford Act). information technology, e.g., permitting Therefore, I declare that such an emergency URBAN DEVELOPMENT exists in the State of Mississippi. electronic submission of responses. You are authorized to provide appropriate [Docket No. FR–4975–N–29] This Notice also lists the following assistance for required emergency measures, information: authorized under Title V of the Stafford Act Notice of Proposed Information Title of Proposal: Single Family to save lives, protect public health and safety, Collection: Comment Request; Single Premium Collection Subsystem-Periodic and property or to lessen or avert the threat Family Premium Collection (SFPCS–P). of a catastrophe in the designated areas. Subsystem-Periodic (SFPCS–P) OMB Control Number, if Applicable: Specifically, you are authorized to provide 2502–0536. debris removal and emergency protective AGENCY: Office of the Assistant Description of the Need for the measures (Categories A and B), including Secretary for Housing—Federal Housing Information and Proposed Use: The direct Federal assistance, under the Public Commissioner, HUD. Assistance program, at 75 percent Federal Single Family Premium Collection funding. This assistance excludes regular ACTION: Notice. Subsystem-Periodic (SFPCS–P) allows time costs for subgrantees’ regular the lenders to remit the Periodic employees. In addition, you are authorized to SUMMARY: The proposed information Mortgage Insurance Premiums using provide such other forms of assistance under collection requirement described below funds obtained from the mortgagor Title V of the Stafford Act as you may deem will be submitted to the Office of during the collection of the monthly appropriate. Management and Budget (OMB) for mortgage payment. The SFPCS–P In order to provide Federal assistance, you review, as required by the Paperwork are hereby authorized to allocate from funds strengthens HUD’s ability to manage Reduction Act. The Department is and process periodic single-family available for these purposes such amounts as soliciting public comments on the you find necessary for Federal disaster mortgage insurance premium assistance and administrative expenses. subject proposal. collections and corrections to submitted Further, you are authorized to make DATES: Comments Due Date: November data. It also improves data integrity for changes to this declaration to the extent 7, 2005. the Single Family Mortgage Insurance allowable under the Stafford Act. ADDRESSES: Interested persons are Program. Therefore, the FHA approved The Federal Emergency Management invited to submit comments regarding lenders use Automated Clearing House Agency (FEMA) hereby gives notice that this proposal. Comments should refer to (ACH) application for all transmissions

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with SFPCS–P. The authority for this DEPARTMENT OF HOUSING AND obtained from Mr. Eddins or Ms Deitzer collection of information is specified in URBAN DEVELOPMENT or from HUD’s Web site at http:// 24 CFR 203.264 and 24 CFR 203.269. In hlannwp031.hud.gov/po/i/icbts/ [Docket No. FR–4971–N–42] general, the lenders use the ACH collectionsearch.cfm. application to remit the periodic Notice of Submission of Proposed SUPPLEMENTARY INFORMATION: This premium payments through SFPCS–P Information Collection to OMB; Loan notice informs the public that the for the required FHA insured cases and Guarantees for Indian Housing Department of Housing and Urban to comply with the Credit Reform Act. Development has submitted to OMB a AGENCY: Office of the Chief Information request for approval of the information Agency Form Numbers, if Applicable: Officer, HUD. None. collection described below. This notice ACTION: Notice. is soliciting comments from members of Estimation of the Total Numbers of the public and affecting agencies SUMMARY: The proposed information Hours Needed to Prepare the concerning the proposed collection of collection requirement described below Information Collection Including information to: (1) Evaluate whether the has been submitted to the Office of Number of Respondents, Frequency of proposed collection of information is Management and Budget (OMB) for Response, and Hours of Response: The necessary for the proper performance of review, as required by the Paperwork number of hours needed to prepare the the functions of the agency, including Reduction Act. The Department is information collection is 5,670 whether the information will have soliciting public comments on the annually; the estimated number of practical utility; (2) evaluate the subject proposal. respondents is 3,150 annually; the accuracy of the agency’s estimate of the Information collected determines if frequency of response is monthly burden of the proposed collection of the Department will guarantee loans and generating 37,800 responses annually; information; (3) enhance the quality, mortgage insurance made by private and the estimated time per response is utility, and clarity of the information to lenders to Native American borrowers be collected; and (4) minimize the 9 minutes. Since remittances are made on restricted land. through the ACH and/or EDI burden of the collection of information DATES: applications the periodic remittance is Comments Due Date: October 7, on those who are to respond; including 2005. submitted electronically and there is no through the use of appropriate paperwork to complete and mail in. ADDRESSES: Interested persons are automated collection techniques or invited to submit comments regarding other forms of information technology, Status of the Proposed Information this proposal. Comments should refer to e.g., permitting electronic submission of Collection: This is an extension of a the proposal by name and/or OMB responses. currently approved information approval Number (2577–0200) and This notice also lists the following collection. should be sent to: HUD Desk Officer, information: Authority: The Paperwork Reduction Act Office of Management and Budget, New Title of Proposal: Loan Guarantees for of 1995, 44 U.S.C., Chapter 35, as amended. Executive Office Building, Washington, Indian Housing. DC 20503; fax: 202–395–6974. Dated: August 29, 2005. OMB Approval Number: 2577–0200. FOR FURTHER INFORMATION CONTACT: Form Numbers: HUD–53036 and Frank L. Davis, Wayne Eddins, Reports Management HUD–53038. General Deputy Assistant Secretary for Officer, AYO, Department of Housing Description of the Need for the Housing—Deputy Federal Housing and Urban Development, 451 Seventh Information and Its Proposed Use: Commissioner. Street, SW., Washington, DC 20410; e- Information collected determines if the [FR Doc. 05–17730 Filed 9–6–05; 8:45 am] mail [email protected]; or Department will guarantee loans and BILLING CODE 4210–27–P Lillian Deitzer at mortgage insurance made by private [email protected] or lenders to Native American borrowers telephone (202) 708–2374. This is not a on restricted land. toll-free number. Copies of available Frequency of Submission: On documents submitted to OMB may be Occasion.

Number of × Annual × Hours per respondents responses response = Burden hours

Reporting Burden: ...... 1,000 2 0.17 334

Total Estimated Burden Hours: 334. DEPARTMENT OF HOUSING AND SUMMARY: The proposed information Status: Extension of a currently URBAN DEVELOPMENT collection requirement described below approval collection. has been submitted to the Office of Management and Budget (OMB) for Authority: Section 3507 of the Paperwork [Docket No. FR–4971–N–41] Reduction Act of 1995, 44 U.S.C. 35, as review, as required by the Paperwork amended. Notice of Submission of Proposed Reduction Act. The Department is Information Collection to OMB; soliciting public comments on the Dated: August 25, 2005. Management Certifications and subject proposal. Wayne Eddins, Management Entity Profile Departmental Paperwork Reduction Act Owners of insured and assisted Officer, Office of the Chief Information AGENCY: Office of the Chief Information multifamily housing projects are Officer. Officer, HUD. required by HUD to submit certain data [FR Doc. E5–4845 Filed 9–6–05; 8:45 am] for review and approval of a new ACTION: Notice. BILLING CODE 4210–72–P management agent.

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DATES: Comments Due Date: October 7, hlannwp031.hud.gov/po/i/icbts/ on those who are to respond; including 2005. collectionsearch.cfm. through the use of appropriate ADDRESSES: Interested persons are automated collection techniques or invited to submit comments regarding SUPPLEMENTARY INFORMATION: This other forms of information technology, this proposal. Comments should refer to notice informs the public that the e.g., permitting electronic submission of the proposal by name and/or OMB Department of Housing and Urban responses. approval Number (2502–0305) and Development has submitted to OMB a This notice also lists the following should be sent to: HUD Desk Officer, request for approval of the information information: collection described below. This notice Office of Management and Budget, New Title of Proposal: Management Executive Office Building, Washington, is soliciting comments from members of Certifications and Management Entity DC 20503; fax: 202–395–6974. the public and affecting agencies Profile. concerning the proposed collection of FOR FURTHER INFORMATION CONTACT: OMB Approval Number: 2502–0305. Wayne Eddins, Reports Management information to: (1) Evaluate whether the Form Numbers: HUD–9832, HUD– Officer, AYO, Department of Housing proposed collection of information is 98339–A, HUD–98339B, HUD–9839C. and Urban Development, 451 Seventh necessary for the proper performance of Street, SW., Washington, DC 20410; e- the functions of the agency, including Description of the Need for the mail [email protected]; or whether the information will have Information and Its Proposed Use: Lillian Deitzer at practical utility; (2) evaluate the Owners of insured and assisted [email protected] or accuracy of the agency’s estimate of the multifamily housing projects are telephone (202) 708–2374. This is not a burden of the proposed collection of required by HUD to submit certain data toll-free number. Copies of available information; (3) enhance the quality, for review and approval of a new documents submitted to OMB may be utility, and clarity of the information to management agent. obtained from Mr. Eddins or Ms Deitzer be collected; and (4) minimize the Frequency of Submission: On or from HUD’s Web site at http:// burden of the collection of information Occasion.

Number of × Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 8,200 1 0.43 3,550

Total Estimated Burden Hours: 3,550. period beginning July 1, 2005, is 47⁄8 Federal Information Relay Service at Status: Extension of a currently percent. The interest rate for debentures 800–877–8339. approved collection. issued under any other provision of the SUPPLEMENTARY INFORMATION: Section Authority: Section 3507 of the Paperwork Act is the rate in effect on the date that 224 of the National Housing Act (12 Reduction Act of 1995, 44 U.S.C. 35, as the commitment to insure the loan or U.S.C. 1715o) provides that debentures amended. mortgage was issued, or the date that the issued under the Act with respect to an Dated: August 25, 2005. loan or mortgage was endorsed (or insured loan or mortgage (except for initially endorsed if there are two or Wayne Eddins, debentures issued pursuant to section more endorsements) for insurance, 221(g)(4) of the Act) will bear interest at Departmental Paperwork Reduction Act whichever rate is higher. The interest Officer, Office of the Chief Information the rate in effect on the date the Officer. rate for debentures issued under these commitment to insure the loan or other provisions with respect to a loan [FR Doc. E5–4846 Filed 9–6–05; 8:45 am] mortgage was issued, or the date the or mortgage committed or endorsed BILLING CODE 4210–72–P loan or mortgage was endorsed (or during the 6-month period beginning initially endorsed if there are two or July 1, 2005, is 41⁄2 percent. However, as more endorsements) for insurance, DEPARTMENT OF HOUSING AND a result of a recent amendment to whichever rate is higher. This provision URBAN DEVELOPMENT section 224 of the Act, if an insurance is implemented in HUD’s regulations at claim relating to a mortgage insured 24 CFR 203.405, 203.479, 207.259(e)(6), [Docket No. FR–4917–N–05] under sections 203 or 234 of the Act and and 220.830. These regulatory endorsed for insurance after January 23, provisions state that the applicable rates Mortgage and Loan Insurance 2004, is paid in cash, the debenture of interest will be published twice each Programs Under the National Housing interest rate for purposes of calculating year as a notice in the Federal Register. Act—Debenture Interest Rates a claim shall be the monthly average Section 224 further provides that the yield, for the month in which the AGENCY: Office of the Assistant interest rate on these debentures will be default on the mortgage occurred, on Secretary for Housing—Federal Housing set from time to time by the Secretary United States Treasury Securities Commissioner, HUD. of HUD, with the approval of the adjusted to a constant maturity of 10 ACTION: Notice. Secretary of the Treasury, in an amount years. not in excess of the annual interest rate SUMMARY: This notice announces FOR FURTHER INFORMATION CONTACT: L. determined by the Secretary of the changes in the interest rates to be paid Richard Keyser, Department of Housing Treasury pursuant to a statutory formula on debentures issued with respect to a and Urban Development, 451 Seventh based on the average yield of all loan or mortgage insured by the Federal Street, SW., Room 2232, Washington, outstanding marketable Treasury Housing Administration (FHA) under DC 20410–8000; telephone 202–755– obligations of maturities of 15 or more the provisions of the National Housing 7500 (this is not a toll-free number). years. Act (the Act). The interest rate for Individuals with speech or hearing The Secretary of the Treasury (1) has debentures issued under section impairments may access this number determined, in accordance with the 221(g)(4) of the Act during the 6-month through TTY by calling the toll-free provisions of section 224, that the

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statutory maximum interest rate for the Effective Dated: August 26, 2005. period beginning July 1, 2005, is 41⁄2 interest On or after Prior to Brian D. Montgomery, percent; and (2) has approved the rate Assistant Secretary for Housing—Federal establishment of the debenture interest Housing Commissioner. 41⁄2 ...... July 1, 2005 Jan. 1, 2006. rate by the Secretary of HUD at 41⁄2 [FR Doc. 05–17729 Filed 9–6–05; 8:45 am] percent for the 6-month period BILLING CODE 4210–27–P beginning July 1, 2005. This interest rate Section 215 of Title II of Division G will be the rate borne by debentures of the Consolidated Appropriations Act, issued with respect to any insured loan 2004 (Pub. L. 108–199, approved DEPARTMENT OF THE INTERIOR or mortgage (except for debentures January 23, 2004) amended section 224 issued pursuant to section 221(g)(4)) of the Act, to change the debenture Fish and Wildlife Service with insurance commitment or interest rate for purposes of calculating endorsement date (as applicable) within certain insurance claim payments made Safe Harbor Agreement and Receipt of the latter 6 months of 2005. in cash. Therefore, effective Application for an Enhancement of For convenience of reference, HUD is immediately, for all claims paid in cash Survival Permit Associated With the publishing the following chart of on mortgages insured under section 203 Restoration of Habitat and debenture interest rates applicable to or 234 of the National Housing Act and Reintroduction of Utah Prairie Dogs on mortgages committed or endorsed since endorsed for insurance after January 23, Private Land in Sevier County, UT 2004, the debenture interest rate will be January 1, 1980: AGENCY: Fish and Wildlife Service, the monthly average yield, for the Interior. Effective month in which the default on the ACTION: Notice of availability. interest On or after Prior to mortgage occurred, on United States rate Treasury Securities adjusted to a SUMMARY: Mr. Mitchel Pace (Applicant/ 91⁄2 ...... Jan. 1, 1980 July 1, 1980. constant maturity of 10 years, as found Cooperator) has applied to the Fish and 97⁄8 ...... July 1, 1980 Jan. 1, 1981. in Federal Reserve Statistical Release H– Wildlife Service (Service) for an 113⁄4 ...... Jan. 1, 1981 July 1, 1981. 15. The FHA is in the process of making Enhancement of Survival Permit (ESP) 127⁄8 ...... July 1, 1981 Jan. 1, 1982. conforming amendments to applicable for the Utah prairie dog pursuant to 123⁄4 ...... Jan. 1, 1982 Jan. 1, 1983. regulations to fully implement this section 10(a)1(A) of the Endangered 1 10 ⁄4 ...... Jan. 1, 1983 July 1, 1983. recent change to section 224 of the Act. Species Act of 1973 (U.S.C. 1531 et 103⁄8 ...... July 1, 1983 Jan. 1, 1984. seq.), as amended (Act). This permit 111⁄2 ...... Jan. 1, 1984 July 1, 1984. Section 221(g)(4) of the Act provides 133⁄8 ...... July 1, 1984 Jan. 1, 1985. that debentures issued pursuant to that application includes a proposed Safe 115⁄8 ...... Jan. 1, 1985 July 1, 1985. paragraph (with respect to the Harbor Agreement (SHA) between the 111⁄8 ...... July 1, 1985 Jan. 1, 1986. assignment of an insured mortgage to Applicant and the Service. The 101⁄4 ...... Jan. 1, 1986 July 1, 1986. the Secretary) will bear interest at the proposed SHA and permit would 81⁄4 ...... July 1, 1986 Jan. 1. 1987. ‘‘going Federal rate’’ in effect at the time become effective upon signature of the 8 ...... Jan. 1, 1987 July 1, 1987. the debentures are issued. The term SHA and would remain in effect for 25 9 ...... July 1, 1987 Jan. 1, 1988. ‘‘going Federal rate’’ is defined to mean years. This notice is provided pursuant 91⁄8 ...... Jan. 1, 1988 July 1, 1988. 3 the interest rate that the Secretary of the to the National Environmental Policy 9 ⁄8 ...... July 1, 1988 Jan. 1, 1989. Act (NEPA), section 10 of the Act, and 91⁄4 ...... Jan. 1, 1989 July 1, 1989. Treasury determines, pursuant to a 9 ...... July 1, 1989 Jan. 1, 1990. statutory formula based on the average the Service’s Safe Harbor Policy (64 FR 81⁄8 ...... Jan. 1, 1990 July 1, 1990. yield on all outstanding marketable 32717). The Service requests 9 ...... July 1, 1990 Jan. 1, 1991. Treasury obligations of 8- to 12-year information, views, and opinions from 83⁄4 ...... Jan. 1, 1991 July 1, 1991. maturities, for the 6-month periods of the public via this notice. Further, the 81⁄2 ...... July 1, 1991 Jan. 1, 1992. January through June and July through Service is soliciting information 8 ...... Jan. 1, 1992 July 1, 1992. December of each year. Section 221(g)(4) regarding the adequacy of the SHA as 8 ...... July 1, 1992 Jan. 1, 1993. measured against the Service’s Safe 3 is implemented in the HUD regulations 7 ⁄4 ...... Jan. 1, 1993 July 1, 1993. Harbor Policy and the regulations that 7 ...... July 1, 1993 Jan. 1, 1994. at 24 CFR 221.255 and 24 CFR 221.790. implement it. 65⁄8 ...... Jan. 1, 1994 July 1, 1994. The Secretary of the Treasury has 3 DATES: 7 ⁄4 ...... July 1, 1994 Jan. 1, 1995. determined that the interest rate to be Written comments on the permit 83⁄8 ...... Jan. 1, 1995 July 1, 1995. borne by debentures issued pursuant to application must be received on or 71⁄4 ...... July 1, 1995 Jan. 1, 1996. before October 7, 2005. 1 section 221(g)(4) during the 6-month 6 ⁄2 ...... Jan. 1, 1996 July 1, 1996. 7 ADDRESSES: Persons wishing to review 1 period beginning July 1, 2005, is 4 ⁄8 7 ⁄4 ...... July 1, 1996 Jan. 1, 1997. the proposed SHA and the permit 63⁄4 ...... Jan. 1, 1997 July 1, 1997. percent. application may obtain copies by 71⁄8 ...... July 1, 1997 Jan. 1, 1998. HUD expects to publish its next writing the Service’s Mountain-Prairie 63⁄8 ...... Jan. 1, 1998 July 1, 1998. notice of change in debenture interest 1 Regional Office, Denver, Colorado. 6 ⁄8 ...... July 1, 1998 Jan. 1, 1999. rates in January 2006. 51⁄2 ...... Jan. 1, 1999 July 1, 1999. Documents also will be available for 61⁄8 ...... July 1, 1999 Jan. 1, 2000. The subject matter of this notice falls public inspection during normal 61⁄2 ...... Jan. 1, 2000 July 1, 2000. within the categorical exemption from business hours at the Regional Office, 61⁄2 ...... July 1, 2000 Jan. 1, 2001. HUD’s environmental clearance U.S. Fish and Wildlife Service, 134 6 ...... Jan. 1, 2001 July 1, 2001. procedures set forth in 24 CFR Union Boulevard, Lakewood, Colorado 7 5 ⁄8 ...... July 1, 2001 Jan. 1, 2002. 50.19(c)(6). For that reason, no 80228–1807, or the Utah Field Office, 51⁄4 ...... Jan. 1, 2002 July 1, 2002. 3 environmental finding has been U.S. Fish and Wildlife Service, 2369 5 ⁄4 ...... July 1, 2002 Jan. 1, 2003. prepared for this notice. 5 ...... Jan. 1, 2003 July 1, 2003. West Orton Circle, West Valley City, 41⁄2 ...... July 1, 2003 Jan. 1, 2004. (Authority: Sections 211, 221, 224, National Utah 84119. Written data or comments 51⁄8 ...... Jan. 1, 2004 July 1, 2004. Housing Act, 12 U.S.C. 1715b, 1715l, 1715o; concerning the proposed SHA and/or 51⁄2 ...... July 1, 2004 Jan. 1, 2005. Section 7(d), Department of HUD Act, 42 permit application must be submitted to 47⁄8 ...... Jan. 1, 2005 July 1, 2005. U.S.C. 3535(d)). the Regional Office and must be in

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writing to be processed. Comments must intra-Service section 7 consultation on effect on the species covered in the be submitted in writing to be adequately the issuance of the permit. The result of HCPs. Therefore, the ITPs are ‘‘low- considered in the Service’s decision- the biological opinion, in combination effect’’ projects and qualify as making process. Please reference permit with the above finding and any public categorical exclusions under the number TE–106063 in your comments, comments will be used in the final National Environmental Policy Act or in the request for the documents analysis to determine whether or not to (NEPA), as provided by the Department discussed herein. issue the requested ESP, pursuant to the of Interior Manual (516 DM 2, Appendix FOR FURTHER INFORMATION CONTACT: Pat regulations that guide issuance of the 1 and 516 DM 6, Appendix 1). We Mehlhop, Regional Safe Harbor type of permit. announce the availability of the HCPs Coordinator (see ADDRESSES), telephone Authority: The authority for this action is for the incidental take applications. (303) 236–4215, or Henry Maddux, Utah the Endangered Species Act of 1973, as Copies of the HCPs may be obtained by Field Supervisor (see ADDRESSES), amended (16 U.S.C. 1531 et seq.), and the making a request to the Regional Office telephone (801) 975–3330. National Environmental Policy Act of 1969, (see ADDRESSES). Requests must be in as amended (42 U.S.C. 4321 et seq.). writing to be processed. This notice is SUPPLEMENTARY INFORMATION: The Utah prairie dog is the westernmost member Dated: July 26, 2005. provided pursuant to Section 10 of the Endangered Species Act and NEPA of the genus Cynomys. The species’ Elliott N. Sutta, regulations (40 CFR 1506.6). range, which is limited to the Regional Director, Denver, Colorado. DATES: Written comments on the ITP southwestern quarter of Utah, is the [FR Doc. 05–17668 Filed 9–6–05; 8:45 am] applications and HCPs should be sent to most restricted of all prairie dog species BILLING CODE 4310–55–P in the United States. Distribution of the the Service’s Regional Office (see Utah prairie dog has been greatly ADDRESSES) and should be received on reduced due to disease (plague), DEPARTMENT OF THE INTERIOR or before October 7, 2005. poisoning, drought, and human-related ADDRESSES: Persons wishing to review habitat alteration. Protection of this Fish and Wildlife Service the applications and HCPs may obtain a species and enhancement of its habitat copy by writing the Service’s Southeast on private land will benefit recovery Receipt of Four Applications for Regional Office, Atlanta, Georgia. Please efforts. Incidental Take Permits for reference permit number TE099682–0, The primary objective of this Construction of Single-Family Homes for Butler, number TE099683–0, for proposed SHA is to implement in Brevard County, FL Gauthier, number TE099684–0, for Moren, and number TE099685–0, for voluntary conservation measures to AGENCY: Fish and Wildlife Service, Phidd, in such requests. Documents will benefit the species and the landowner. Interior. also be available for public inspection Through this agreement, the landowner ACTION: Notice. will receive relief from any section 9 by appointment during normal business liability under the Act beyond that SUMMARY: Eugene T. Butler, Carlos E. hours at the Regional Office, 1875 which exists at the time the agreement Gauthier, Robert Moren, and Kheino A. Century Boulevard, Suite 200, Atlanta, is signed (‘‘regulatory baseline’’). The Phidd (Applicants) individually request Georgia 30345 (Attn: Endangered private land immediately to the south of an incidental take permit (ITP) pursuant Species Permits), or Field Supervisor, the property contains an active Utah to section 10(a)(1)(B) of the Endangered U.S. Fish and Wildlife Service, 6620 prairie dog colony approximately 2 Species Act of 1973 (U.S.C. 1531 et Southpoint Drive South, Suite 310, hectares (5 acres) in size. This colony seq.), as amended (Act). The Applicants Jacksonville, Florida 32216–0912. abuts the fence line, but does not extend anticipate taking a combined total of FOR FURTHER INFORMATION CONTACT: Mr. onto the property to be addressed in the about 1.03 acres of Florida scrub-jay David Dell, Regional HCP Coordinator, proposed SHA due to unsuitable (Aphelocoma coerulescens) (scrub-jay) (see ADDRESSES above), telephone: 404/ habitat. To benefit the Utah prairie dog, foraging, sheltering, and possibly 679–7313, facsimile: 404/679–7081; or foraging and visual surveillance habitat nesting habitat incidental to lot Ms. Paula Sisson, General Biologist, will be enhanced by thinning decadent preparation for the construction of Jacksonville Field Office, Jacksonville, stands of brush and by increasing forage single-family homes and supporting Florida (see ADDRESSES above), quantity and quality using mechanical infrastructure in Brevard County, telephone: 904/232–2580, ext. 126. and herbicidal treatments and reseeding Florida (Projects). Requested permit SUPPLEMENTARY INFORMATION: If you native grasses and forbs. The habitat duration is one year for all applicants, wish to comment, you may submit improvements will be maintained except for Moren, who requests a 10- comments by any one of several throughout the term of the permit year permit term. The destruction of methods. Please reference permit through managed grazing, additional 1.03 acre of foraging, sheltering, and number TE099682–0, for Butler, number brush treatments if necessary, and to possibly nesting habitat is expected to TE099683–0, for Gauthier, number some degree by the Utah prairie dogs result in the take of three families of TE099684–0, for Moren, and number themselves. The Cooperator will receive scrub-jays. TE099685–0, for Phidd, in such an ESP that authorizes incidental take of Each of the Applicants’ Habitat comments. You may mail comments to the covered species above the Conservation Plans (HCPs) describe the the Service’s Regional Office (see Cooperator’s baseline responsibilities, as mitigation and minimization measures ADDRESSES). You may also comment via defined in the SHA. proposed to address the effects of the the Internet to The Service has evaluated the impacts proposed Project to the Florida scrub- http://[email protected]. Please of this action under the NEPA and jay. These measures are outlined in the submit comments over the internet as an determined that it warrants categorical SUPPLEMENTARY INFORMATION section ASCII file, avoiding the use of special exclusion as described 516 DM 6, below. We have determined that each characters and any form of encryption. Appendix 1, section 1.4 C.(1). The Applicant’s proposal, including the Please also include your name and Service will evaluate whether the proposed mitigation and minimization return address in your internet message. issuance of the ESP complies with measures, will individually and If you do not receive a confirmation section 7 of the Act by conducting an cumulatively have a minor or negligible from us that we have received your

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internet message, contact us directly at within Section 5, Township 29 South, territory boundaries and point data to either telephone number listed below Range 37 East, Palm Bay, Brevard delineate occupied habitat likely (see FOR FURTHER INFORMATION CONTACT). County, Florida on Lot 48, Block 337. underestimates areas occupied by scrub- Finally, you may hand deliver Proposed residential construction for jays. comments to either Service office listed Carlos E. Gauthier would take place To assess whether the Applicants’ below (see ADDRESSES). Our practice is within Section 16, Township 29 South, parcels were within occupied scrub-jay to make comments, including names Range 37 East, Palm Bay, Brevard habitat, we calculated the maximum and home addresses of respondents, County, Florida on Lot 21, Block 790. average ‘‘shift’’ in territories locations available for public review during Proposed residential construction for between 2000 and 2001. Based on these regular business hours. Individual Robert Moren would take place within estimates, we calculated a maximum respondents may request that we Section 5, Township 29 South, Range 37 average shift of 438 feet between years. withhold their home address from the East, Palm Bay, Florida on Lot 15, Block We subsequently used the 438 feet as a administrative record. We will honor 341. Proposed residential construction buffer to surround known territory such requests to the extent allowable by for Kheino A. Phidd would take place boundaries and point locations for law. There may also be other within Section 8, Township 29 South, scrub-jays. We reasoned that 438 feet circumstances in which we would Range 37 East, Palm Bay, Brevard represented a biologically-based buffer, withhold from the administrative record County, Florida on Lot 13, Block 434. within which scrub-jays were likely to a respondent’s identity, as allowable by Each of these lots is within 438 feet of occur. Application of the 438-foot buffer law. If you wish us to withhold your locations where scrub-jays were sighted to known territories and point locations name and address, you must state this during surveys for this species from provides a quantitative method to prominently at the beginning of your 1999–2003. delineate occupied scrub-jay habitat in comments. We will not, however, Scrub-jays using the subject highly urbanized areas within the city consider anonymous comments. We residential lots and adjacent properties limits of Palm Bay. will make all submissions from are part of a larger complex of scrub-jays The four Applicants’ residential lots organizations or businesses, and from located in a matrix of urban and natural fall within the 438-foot buffer individuals identifying themselves as settings in areas of southern Brevard established for known scrub-jay representatives or officials of and northern Indian River counties. territories and/or point data. The organizations or businesses, available Within the City of Palm Bay, 20 families Applicants’ properties provide habitat for public inspection in their entirety. of scrub-jays persist in habitat for foraging, sheltering, and possibly The Florida scrub-jay (scrub-jay) is fragmented by residential development. nesting. Accordingly, loss of this habitat geographically isolated from other Scrub-jays in urban areas are due to residential construction will species of scrub-jays found in Mexico particularly vulnerable and typically do result in the destruction of scrub-jay and the western United States. The not successfully produce young that habitat. scrub-jay is found exclusively in survive to adulthood. Persistent urban The Applicants agree to avoid peninsular Florida and is restricted to growth in this area will likely result in construction during the nesting season xeric uplands (predominately in oak- further reductions in the amount of if active nests are found onsite, but no dominated scrub). Increasing urban and suitable habitat for scrub-jays. other on-site minimization measures are agricultural development have resulted Increasing urban pressures are also proposed to reduce take of scrub-jays. in habitat loss and fragmentation which likely to result in the continued The lots combined encompass about has adversely affected the distribution degradation of scrub-jay habitat as fire 1.03 acres and the footprint of the and numbers of scrub-jays. The total suppression slowly results in vegetative homes, infrastructure, and landscaping estimated population is between 7,000 overgrowth. Thus, over the long-term, preclude retention of scrub-jay habitat. and 11,000 individuals. scrub-jays within the City of Palm Bay On-site minimization is not expected to The decline in the number and are unlikely to persist, and conservation be a biologically viable alternative due distribution of scrub-jays in east central efforts for this species should target to increasing negative demographic Florida has been exacerbated by acquisition and management of large effects caused by urbanization. tremendous urban growth in the past 50 parcels of land outside the direct In combination, the Applicants years. Much of the historic commercial influence of urbanization. propose to mitigate for the loss of 1.03 and residential development has The subject residential parcels lie acres of scrub-jay habitat by occurred on the dry soils which within a ‘‘high density’’ urban setting, contributing a total of $11,187 ($2,785 previously supported scrub-jay habitat. and the corresponding territory size of for Butler, $2,440 for Gauthier, $3,290 Based on existing soils data, much of the resident scrub-jays has been for Moren, and $2,672 for Phidd) to the the historic and current scrub-jay estimated to range from 5.2 to 10.8 acres Florida Scrub-jay Conservation Fund habitat of coastal east-central Florida based on average territory sizes of scrub- administered by the National Fish and occurs proximal to the current shoreline jay in other urban areas. Data collected Wildlife Foundation. Funds in this and larger river basins. Much of this from 12 scrub-jay families within the account are ear-marked for use in the area of Florida was settled early because city limits of Palm Bay during the 2000 conservation and recovery of scrub-jays few wetlands restricted urban and and 2001 nesting seasons provided and may include habitat acquisition, agricultural development. Due to the information about survival and restoration, and/or management. The effects of urban and agricultural reproductive success of scrub-jays, but $11,187 is sufficient to acquire and development over the past 100 years, did not attempt to estimate territory perpetually manage about 2.06 acres of much of the remaining scrub-jay habitat sizes. This information indicated that suitable occupied scrub-jay habitat is now relatively small and isolated. territory boundaries tended to shift from based on a replacement ratio of two What remains is largely degraded due to year to year, making calculations of mitigation acres per one impact acre. the exclusion of fire which is needed to territory size difficult. Similarly, point The cost is based on previous maintain xeric uplands in conditions data do not reliably indicate occupied acquisitions of mitigation lands in suitable for scrub-jays. habitat over time since birds in urban southern Brevard County at an average Proposed residential construction for settings tend to move within and $5,700 per acre, plus a $1,000 per acre Eugene T. Butler would take place between years. Thus, using known management endowment necessary to

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ensure future management of acquired determine whether or not to issue the Regional Office (see ADDRESSES). scrub-jay habitat. ITPs. Requests must be in writing to be We have determined that the HCPs Dated: August 4, 2005. processed. This Notice is provided are low-effect plans that are Cynthia K. Dohner, pursuant to section 10 of the categorically excluded from further Endangered Species Act and NEPA Acting Regional Director. NEPA analysis, and do not require the regulations (40 CFR 1506.6). [FR Doc. 05–17676 Filed 9–6–05; 8:45 am] preparation of an EA or EIS. This DATES: Written comments on the permit preliminary information may be revised BILLING CODE 4310–55–P application, supporting documentation, due to public comment received in EA and HCP should be sent to the response to this notice. Low-effect HCPs DEPARTMENT OF THE INTERIOR Service’s Regional Office (see are those involving: (1) Minor or ADDRESSES) and should be received on negligible effects on federally listed or Fish and Wildlife Service or before November 7, 2005. candidate species and their habitats, ADDRESSES: Persons wishing to review and (2) minor or negligible effects on Availability of an Environmental the application, HCP, and EA may other environmental values or Assessment and Receipt of an obtain a copy by writing the Service’s resources. Each of the Applicants’ HCPs Application for an Incidental Take Southeast Regional Office, Atlanta, qualifies for the following reasons: Permit for Beach Driving and Related Georgia. Please reference permit number 1. Approval of the HCP would result Activities in St. Johns County, FL TE091980–0 in such requests. in minor or negligible effects on the Documents will also be available for Florida scrub-jay population as a whole. AGENCY: Fish and Wildlife Service, Interior. public inspection by appointment We do not anticipate significant direct during normal business hours at the ACTION: or cumulative effects to the Florida Notice. Regional Office, 1875 Century scrub-jay population as a result of the SUMMARY: St. Johns County (Applicant) Boulevard, Suite 200, Atlanta, Georgia construction projects. 30345 (Attn: Endangered Species 2. Approval of the HCP would not is seeking an incidental take permit (ITP) from the Fish and Wildlife Service Permits), or Field Supervisor, U.S. Fish have adverse effects on known unique and Wildlife Service, 6620 Southpoint geographic, historic or cultural sites, or (Service) pursuant to Section 10(a)(1)(B) of the Endangered Species Act of 1973 Drive South, Suite 310, Jacksonville, involve unique or unknown Florida 32216–0912. environmental risks. (Act), as amended. The Applicant FOR FURTHER INFORMATION CONTACT: 3. Approval of the HCP would not anticipates that authorization of beach Mr. result in any significant adverse effects driving and related activities, over a David Dell, Regional Permit on public health or safety. requested permit term of 20 years, will Coordinator, (see ADDRESSES above), 4. The project does not require result in the incidental taking of the telephone: 404/679–7110; or Mr. compliance with Executive Order 11988 endangered Anastasia Island beach Michael Jennings, Fish and Wildlife (Floodplain Management), Executive mouse (Peromyscus polionotus Biologist, Jacksonville Field Office, (see Order 11990 (Protection of Wetlands), or phasma), leatherback sea turtle ADDRESSES above), telephone: 904/232– the Fish and Wildlife Coordination Act, (Dermochelys coriacea), green sea turtle 2580, extension 113. nor does it threaten to violate a Federal, (Chelonia mydas), Kemp’s ridley sea SUPPLEMENTARY INFORMATION: If you State, local or tribal law or requirement turtle (Lepidochelys kempi), and wish to comment, you may submit imposed for the protection of the hawksbill sea turtle (Eretmochelys comments by any one of several environment. imbricata), as well as the threatened methods. Please reference permit 5. Approval of the Plan would not loggerhead sea turtle (Caretta caretta). number TE091980–0 in such comments. establish a precedent for future action or The anticipated taking of these federally You may mail comments to the represent a decision in principle about listed species is incidental to otherwise Service’s Regional Office (see future actions with potentially legal vehicle operation on the beaches of ADDRESSES). You may also comment via significant environmental effects. St. Johns County, pursuant to the Beach the Internet to [email protected]. We have determined that issuance of and Shore Preservation Act of 1998, Please submit comments over the each of these incidental take permits section 161.36, Florida Statutes. internet as an ASCII file avoiding the qualify as a categorical exclusion under A description of the mitigation and use of special characters and any form the NEPA, as provided by the minimization measures outlined in the of encryption. Please also include your Department of the Interior Manual (516 Applicant’s Habitat Conservation Plan name and return address in your DM 2, Appendix 1 and 516 DM 6, (HCP) to address the effects of the beach internet message. If you do not receive Appendix 1). Therefore, no further access and beach access-related a confirmation from the Service that we NEPA documentation will be prepared. activities on federally listed species is have received your internet message, We will evaluate the HCPs and described further in the SUPPLEMENTARY contact us directly at either of the comments submitted thereon to INFORMATION section below. The Service telephone numbers listed below (see determine whether the applications has made a preliminary determination FOR FURTHER INFORMATION CONTACT). meet the requirements of section 10(a) that the issuance of the Permit is not a Finally, you may hand deliver of the Act. If it is determined that those major Federal action significantly comments to either of the Service offices requirements are met, the ITPs will be affecting the quality of the human listed above (see ADDRESSES). Our issued for the incidental take of the environment within the meaning of practice is to make comments, including Florida scrub-jay. We will also evaluate section 102(2)(C) of NEPA. This names and home addresses of whether issuance of the section preliminary information may be revised respondents, available for public review 10(a)(1)(B) ITPs comply with section 7 due to public comment received in during regular business hours. of the Act by conducting an intra- response to this notice and is based on Individual respondents may request that Service section 7 consultation. The information contained in the we withhold their home address from results of this consultation, in Environmental Assessment (EA) and the administrative record. We will combination with the above findings, HCP. Copies of the HCP and EA may be honor such requests to the extent will be used in the final analysis to obtained by making a request to the allowable by law. There may also be

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other circumstances in which we would structures), night-time human activity sea turtles described above. The withhold from the administrative record on nesting beaches, and predation are Applicant anticipates harm or a respondent’s identity, as allowable by known or suspected to deter turtles from harassment of species covered by the law. If you wish us to withhold your nesting. HCP due to the following beach driving name and address, you must state this Sea turtle eggs incubate within the and beach driving related activities: (1) prominently at the beginning of your warm, moist egg chamber for 50 to 75 Public safety operations, such as those comments. We will not, however, days (depending on the species). that are provided by lifeguards, consider anonymous comments. We Incubating eggs are vulnerable to emergency vehicles, and law will make all submissions from crushing, drowning, or washout. Along enforcement vehicles; (2) public organizations or businesses, and from St. Johns County’s coastline, trampling vehicular access; (3) routine beach individuals identifying themselves as by humans and vehicles can crush sea maintenance and sanitation; (4) access representatives or officials of turtle nests. Sea turtle eggs can ramp maintenance; (5) actions necessary organizations or businesses, available withstand occasional inundation to implement the terms and conditions for public inspection in their entirety. associated with spring tides, but of the ITP; (6) planned coastal Anastasia Island beach mice are repeated or long-duration inundation construction projects properly permitted restricted to 14 linear miles along the typically associated with storm events by local, State, and/or Federal Atlantic Ocean coast of Anastasia can drown eggs. During storm events, regulatory agencies, such as seawall Island, St. Johns County, Florida. They sea turtle nests are often washed out. repairs, beach nourishment, dune are found primarily at the southern (Fort Nests deposited between an armoring restoration, and removal of windblown Matanzas National Monument) and structure and the sea are more sand, where no reasonable upland northern (Anastasia State Recreation vulnerable to washout. alternative exists; (7) scientific Area) ends of the island, although low After hatching, young sea turtles dig monitoring and studies not covered densities of beach mice probably remain upward to the beach surface and under the original ITP; (8) emergency along the entire length of the island immediately crawl toward the sea. shoreline protection projects properly where residential construction has Hatchling emergence typically occurs at permitted by local, State, and/or Federal reduced and fragmented coastal dunes. night. Factors affecting the survival of regulatory agencies; and (9) non-routine Physically, Anastasia Island beach mice hatchling sea turtles include beach maintenance and sanitation, such are relatively large compared to other compaction of sand on top of the egg as removal of hazardous materials, subspecies of beach mice. However, like chamber, predation, and disorientation removal of storm-generated debris and/ most other subspecies, they prefer due to artificial lighting. Pedestrian or obstacles that pose a public health or primary and secondary dune habitats traffic and heavy equipment use may safety risk and other atypical composed of a variety of dune- cause compaction of sand and create an circumstances requiring beach access colonizing vegetation. Beach mice impenetrable substrate for hatchling (e.g., boat groundings, downed aircraft, typically live in burrows constructed in turtles that ultimately results in their etc.). coastal sand dunes. They eat a variety death. Following successful emergence To minimize and mitigate the of seeds, but appear to prefer sea oats at the beach surface, hatchlings are anticipated incidental take of species (Uniola paniculata) and dune panic vulnerable to terrestrial and aerial covered by the HCP, the Applicant grass (Panicum amarum) along with predators. Raccoons, domestic cats, proposes to implement a number of small invertebrates. ghost crabs, and a variety of sea birds protective measures that will spatially Three species of sea turtles nest on often take hatchling sea turtles. Because and temporally reduce interactions the beaches of St. Johns County. On hatchling sea turtles orient to ambient between vehicles and sea turtles and average 268 loggerhead, eight green, and light reflected by the sea surface, their nests. The following actions are one leatherback sea turtles annually nest artificial light sources can interfere with proposed by the Applicant: (1) Limit along St. Johns County’s 42 miles of the ability of hatchlings to correctly most public vehicle access to the beach coastline. Neither hawksbill or Kemp’s orient towards the sea. Often, from 8:00 a.m. to 8:00 p.m. daily from ridley turtles have been documented to disoriented hatchlings are attracted May 1 through October 31; (2) develop nest in St. Johns County. towards the source of the artificial light and implement a rut removal program; While the mechanism remains largely and away from the sea. Disoriented (3) develop and implement a public unknown, nesting sea turtles return to hatchlings typically die from awareness program; (4) elevate trash their natal beaches when they are dessication, predation, or exhaustion. receptacles; (5) expand existing no- reproductively mature. Once a gravid The Applicant authorizes beach driving conservation zones; (6) reduce female reaches her selected nesting driving for a variety of purposes, all of public access along portions of the beach, she hauls herself from the sea, which are otherwise legal activities. beach; (7) develop and implement a crawls to an area above the mean high Local public safety and/or operations consistent county-wide beach lighting water line (in St. Johns County this is staff, law enforcement and emergency management program; (8) develop and usually at the toe of the primary dune), response vehicles may operate on about implement a beach horseback riding excavates an egg chamber, deposits 80 41.1 linear miles of beach within St. registration and education program; (9) to135 eggs (the number depends on the Johns County, but the amount of vehicle undertake dune restoration programs; species), covers the egg chamber, and traffic on county beaches resulting from (10) monitor and mark sea turtle nests returns to the sea. This process typically these entities is relatively small within the area covered by the HCP; and takes about one and a half hours and, compared with recreational traffic (11) increase local law enforcement staff except for the Kemp’s ridley, usually resulting from use by the general public. to enforce existing ordinances and the occurs at night. Loggerhead turtles nest Vehicle traffic from the general public is terms of the incidental take permit. from late April to mid September, green limited to about 16.3 linear miles of The Service has made a preliminary turtles from late May to mid September, beach. determination that issuance of the and leatherback turtles from late Authorized beach driving and beach requested ITP is not a major Federal February to July. Artificial lights, driving-related activities may result in action significantly affecting the quality obstructions (e.g., groins, escarpments, the incidental taking of the Anastasia of the human environment within the beach furniture, and armoring Island beach mouse and the species of meaning of Section 102(2)(C) of NEPA.

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This preliminary information may be firearms, possession of weapons, waste Operation of motorized vehicles is revised due to public comment received water disposal, and closed or restricted prohibited from August 29, 2005 in response to this notice and is based to camping. through September 5, 2005 inclusive in on information contained in the EA and • August 26, 2005 through September the following legally described locations HCP. 5, 2005 inclusive: Aircraft landing, inside the permit area (defined by a The Service will evaluate the HCP possession of fireworks, possession of temporary event perimeter fence) and and comments submitted thereon to alcohol by minors, and closed to all within 50 yards outside the perimeter determine whether the application public uses. fence boundary: meets the issuance criteria requirements • August 29, 2005 through September of section 10(a)(1)(B) of the Act. By 5, 2005 inclusive: Closed or restricted to Mount Diablo Meridian conducting an intra-Service section 7 vehicle use. Unsurveyed T. 33 N., R. 24 E., consultation the Service will also Public camping and vehicle use that Secs. 2, 3, 4, 9, 10, and 11; evaluate whether issuance of the section creates dust plumes higher than the top Unsurveyed T. 331⁄2 N., R. 24 E., 10(a)(1)(B) ITP would comply with of the vehicle are prohibited from Secs. 33, 34 and 35. section 7 of the Act. The results of this August 29, 2005 through September 5, The following exceptions apply: The consultation, in combination with the 2005 inclusive in the following legally main playa road that provides access above findings, will be used in the final described locations outside the permit between the 3-Mile and Trego playa analysis to determine whether or not to area (defined by a temporary event entrances; participant arrival and issue the ITP for the five species of sea perimeter fence): departure on designated routes; mutant turtle and the Anastasia Island beach Mount Diablo Meridian vehicles registered with Burning Man; mouse. Black Rock City LLC staff and support; Unsurveyed T. 33 N., R. 24 E., Dated: August 6, 2005. BLM, medical, law enforcement, and Sec. 1, W1 2 ⁄ ; firefighting vehicles; and motorized Cynthia K. Dohner, Secs. 2, 3 and 4; skateboards or ‘‘Go Peds’’ with or Acting Regional Director, Southeast Region. Secs. 9, 10 and 11; without handlebars. Mutant vehicles [FR Doc. 05–17677 Filed 9–6–05; 8:45 am] Sec. 12, W1⁄2; must be registered with Burning Man/ BILLING CODE 4310–55–P Sec. 13, NW1⁄4; 1 Black Rock City LLC and drivers must Sec. 14, N ⁄2; Sec. 15, N1⁄2; provide evidence of registration at all DEPARTMENT OF THE INTERIOR Sec. 16, N1⁄2. times. Unsurveyed T. 331⁄2 N., R. 24 E., For event safety near the entrance Bureau of Land Management Secs. 33, 34 and 35; road and airstrip, the following legally 1 [NV–025–1232–NX–NV06; Special Sec. 36, W ⁄2. described locations outside the permit Recreation Permit #NV–025–04–02] Burning Man event ticket holders who area (defined by a temporary event are camped in designated areas perimeter fence) are closed to all public Notice to the Public of Temporary provided by Black Rock City LLC use from August 29, 2005 through Public Lands Closures and Prohibition (limited liability company) and ticket September 5, 2005 inclusive: of Certain Activities on Public Lands holders who are camped in the Mount Diablo Meridian Administered by the Bureau of Land authorized ‘‘pilot camp’’ and BLM- Management, Winnemucca Field authorized event management-related Unsurveyed T. 33 N., R. 24 E., 1 1 Office, Nevada camps are exempt from the camping Sec. 4, NE ⁄4, S ⁄2; Sec. 5, SE1⁄4; AGENCY: closure. Bureau of Land Management, Sec. 8, NE1⁄4, S1⁄2; Interior. Public camping is prohibited from August 15, 2005 through August 28, Sec. 9; ACTION: Notice of temporary closure. 2005 inclusive and from September 6, Sec. 10; 1 SUMMARY 2005 through September 19, 2005 Sec. 15, N ⁄2; : Notice is hereby given that 1 inclusive in the following legally Sec. 16, N ⁄2. certain lands located in northwestern 1 described locations inside the permit Unsurveyed T. 33 ⁄2 N., R. 24 E., Nevada partly within the Black Rock 1 area (defined by a temporary event Sec. 33, SE ⁄4; Desert-High Rock Canyon Emigrant 1 Trails National Conservation Area will perimeter fence), within 50 yards Sec. 34, SW ⁄4. be temporarily closed or restricted and outside the perimeter fence boundary, The following exceptions apply: The certain activities will be temporarily and within the airport/airstrip area main playa road that provides access prohibited in and around the Burning located contiguous with and south of between the 3-Mile and Trego playa Man event site administered by the BLM the perimeter fence boundary: entrances; participant arrival and departure on designated routes; aircraft Winnemucca Field Office in Pershing Mount Diablo Meridian and Washoe Counties, Nevada. operations conducted through the The specified closures, restrictions Unsurveyed T. 33 N., R. 24 E., authorized event landing strip and such and prohibitions are made in the Secs. 2, 3 and 4; ultralight and helicopter take-off and interest of public safety at and around Secs. 9, 10 and 11. landing areas for Burning Man staff and the public lands location of an event Unsurveyed T. 331⁄2 N., R. 24 E., participants, law enforcement, and known as the Burning Man Festival. Secs. 33, 34 and 35. emergency medical services as may be This event is authorized on public lands These areas described above are included in the annual operation plan under a special recreation permit and is closed two weeks preceding and submitted by Black Rock City, LLC and expected to attract approximately following the Burning Man event. Black approved by the authorized officer; and 35,000 participants this year. Rock City LLC authorized staff, uses performed by BLM personnel as These lands will be closed or contractors, volunteers, and participants designated by the authorized BLM restricted as follows: constructing or taking down art exhibits officer. • August 15, 2005 through September and theme camps are exempt from the The use, sale or possession of 19, 2005 inclusive: Discharge of camping closure. personal fireworks within the Burning

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Man event perimeter fence is prohibited Aircraft are prohibited from landing, Sec. 9, W1⁄2, NW1⁄4NE1⁄4. in the following legally described taking off, or taxiing in the following Unsurveyed T. 331⁄2 N., R. 24 E., locations from August 29, 2005 through legally described locations from August Sec. 25, 26, 27, 28, 29, 32, 33, 34, 35, September 5, 2005 inclusive. 26, 2005 through September 5, 2005 and 36; inclusive: Unsurveyed T. 34 N., R. 24 E., Mount Diablo Meridian Sec. 33, NE1⁄4, S1⁄2; Unsurveyed T. 33 N., R. 24 E., Mount Diablo Meridian Secs. 34 and 35; Secs. 2, 3, 4, 9, 10, and 11. Sec. 36, S1⁄2. 1 Unsurveyed T. 33 N., R. 24 E., Unsurveyed T. 33 ⁄2 N., R. 24 E., Secs. 1, 2, 3, 4, and 5; Unsurveyed T. 34 N., R. 25 E., Secs. 33, 34 and 35. Sec. 6, E1⁄2; Sec. 33. The following exceptions apply: Uses Secs. 8, 9, 10, 11, and 12; a. The following are prohibited: of fireworks approved by Black Rock Sec. 13, N1⁄2, SW1⁄4; i. Consumption or possession of any City LLC and used as part of an official Sec. 14, 15, and 16; alcoholic beverage by a person under 21 Burning Man art burn event. Sec. 17, E1⁄2, NW1⁄4; years of age on public lands. Possession of weapons is prohibited Sec. 21, NE1⁄4; ii. Selling, offering to sell, or in the following legally described Sec. 22, N1⁄2; otherwise furnishing or supplying any locations inside the temporary event Sec. 23, NW1⁄4. alcoholic beverage to a person under 21 perimeter fence from August 15, 2005 Unsurveyed T. 33 N., R. 25 E., years of age on public lands. through September 19, 2005 inclusive: Sec. 4; b. This section does not apply to the Sec. 9, W1⁄2, NW1⁄4NE1⁄4. selling, handling, serving or Mount Diablo Meridian Unsurveyed T. 331⁄2 N., R. 24 E., transporting of alcoholic beverages by a Unsurveyed T. 33 N., R. 24 E., Secs. 25, 26, 27, 28, 29, 32, 33, 34, 35, person in the course of his lawful Secs. 2, 3, 4, 9, 10, and 11. and 36; employment by a licensed Unsurveyed T. 331⁄2 N., R. 24 E., Unsurveyed T. 34 N., R. 24 E., manufacturer, wholesaler or retailer of Secs. 33, 34 and 35. Sec. 33, NE1⁄4, S1⁄2; alcoholic beverages. The following exceptions apply: Secs. 34 and 35; Dumping wastewater (grey or black) is County, state, and federal certified law Sec. 36, S1⁄2. prohibited on public lands from August enforcement personnel under the color Unsurveyed T. 34 N., R. 25 E., 15, 2005 through September 19, 2005 of law. Sec. 33. inclusive. This includes but is not limited to dumping wastewater on Note: ‘‘Weapon’’ means a firearm, The following exceptions apply: Aircraft operations conducted through public lands directly from a vehicle, compressed gas or spring powered pistol or trailer, wash basin, shower stall, bath rifle, bow and arrow, cross bow, blowgun, the authorized event landing strip and speargun, hand thrown spear, sling shot, such ultralight and helicopter take-off tub, barrel, pool, or large water irritant gas device, explosive device or any and landing areas for Burning Man staff containment receptacle. ‘‘Wastewater’’ other implement designed to discharge and participants, law enforcement, and is defined as any liquid that is missiles, and includes any weapon the emergency medical services as may be contaminated with soap, food waste, possession of which is prohibited by state included in the annual operation plan human waste, gas or oils, or other law. submitted by Black Rock City, LLC and chemical that could cause harm to the Discharge of firearms is prohibited in approved by the authorized officer; and human or natural environment. Event the following legally described locations Emergency aircraft such as Care Flight, participants must transport wastewater from August 15, 2005, through Sheriff’s Office, or Medical Ambulance off-site to an approved disposal site. September 19, 2005: Transport System helicopters engaged Black Rock City LLC/Burning Man in official business may land in other will abide by fire restriction orders, Mount Diablo Meridian locations when circumstances require it. except for the following when officially Unsurveyed T. 33 N., R. 24 E., approved by BLM upon the request of Note: The authorized event airstrip is the Black Rock City LLC: Official art burns, Secs. 1, 2, 3, 4, and 5; only location where Burning Man staff and 1 Sec. 6, E ⁄2; participant aircraft may land or take off. authorized event fireworks, and other Secs. 8, 9, 10, 11, and 12; authorized fires using Black Rock City 1 1 Possession of alcohol by minors is Sec. 13, N ⁄2, SW ⁄4; LLC/Burning Man-supplied fire barrels Sec. 14, 15, and 16; prohibited in the following legally or approved platforms. Fire Restriction Sec. 17, E1⁄2, NW1⁄4; described locations within and Orders may be in effect pursuant to 43 Sec. 21, NE1⁄4; surrounding the event perimeter fence CFR 9212.2 for all lands managed by the Sec. 22, N1⁄2; from August 29, 2005 through BLM Winnemucca Field Office. 1 September 5, 2005 inclusive: Sec. 23, NW ⁄4. DATES: August 15, 2005, to September Unsurveyed T. 33 N., R. 25 E., 19, 2005. Mount Diablo Meridian Sec. 4; FOR FURTHER INFORMATION CONTACT: 1 1 1 Sec. 9, W ⁄2, NW ⁄4NE ⁄4. Unsurveyed T. 33 N., R. 24 E., Dave Cooper, National Conservation 1 Unsurveyed T. 33 ⁄2 N., R. 24 E., Secs. 1, 2, 3, 4, and 5; Area Manager, Bureau of Land 1 Secs. 25, 26, 27, 28, 29, 32, 33, 34, 35, Sec. 6, E ⁄2; Management, Winnemucca Field Office, and 36; Secs. 8, 9, 10, 11, and 12; 5100 E. Winnemucca Blvd., 1 1 Unsurveyed T. 34 N., R. 24 E., Sec. 13, N ⁄2, SW ⁄4; Winnemucca, NV 89445–2921, 1 1 Sec. 33, NE ⁄4, S ⁄2; Sec. 14, 15 and 16; telephone: (775) 623–1500. Secs. 34 and 35; Sec. 17, E1⁄2, NW1⁄4; Authority: 43 CFR 8364.1. Sec. 36, S1⁄2. Sec. 21, NE1⁄4; Unsurveyed T. 34 N., R. 25 E., Sec. 22, N1⁄2; Penalty: Any person failing to comply Sec. 33. Sec. 23, NW1⁄4. with the closure orders may be subject The following exceptions apply: Law Unsurveyed T. 33 N., R. 25 E., to imprisonment for not more than 12 enforcement officers under color of law. Sec. 4; months, or a fine in accordance with the

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applicable provisions of 18 U.S.C. 3571, law. All submissions from organizations protection of watersheds, regulation of or both. and businesses, and from individuals streamflow, and a contribution to the identifying themselves as stability of local communities and Rodger T. Bryan, representatives or officials of timber industries and recreation Acting Field Manager. organizations or businesses, will be facilities. The O&C Act also required [FR Doc. 05–17643 Filed 9–6–05; 8:45 am] available to the public in their entirety. that 50 percent of the revenue generated BILLING CODE 4310–HC–P FOR FURTHER INFORMATION CONTACT: for management of the lands be returned Individuals, organizations, and to the 18 counties that contained government agencies wishing more revested lands. DEPARTMENT OF THE INTERIOR information or to have their name The Northwest Forest Plan was Bureau of Land Management placed on an electronic or postal completed in 1994 and provided mailing list are urged to register on the direction to achieve the following five [OR–130–1020–PH; HAG–145] Web site (when it is available; see goals: (1) Never forget human and above), or by sending a request to the economic dimensions of the issues; (2) Notice of Intent To Prepare Resource Portland address above, or by contacting Protect the long-term health of forests, Management Plan Revisions and an Alan Hoffmeister, Western Oregon wildlife, and waterways; (3) Focus on Associated Environmental Impact Planning Revision Public Outreach scientifically sound, ecologically Statement for Six Western Oregon Coordinator, at (503) 808–6629 or at credible, and legally responsible Districts of the Bureau of Land [email protected]. strategies and implementation; (4) Management SUPPLEMENTARY INFORMATION: The Produce a predictable and sustainable AGENCY: Bureau of Land Management, planning area for the RMPs includes level of timber sales and nontimber Interior. approximately 2,550,000 acres of public resources; and (5) Ensure that Federal ACTION: Notice of intent. land and 69,000 acres of split-estate, agencies work together. where the lands only involve the All of the BLM districts have current SUMMARY: This document provides Federal mineral estate. RMPs that were completed in 1995. notice that the BLM intends to revise six The Federal Land Policy and These 1995 RMPs incorporated the land Resource Management Plans (RMP) with Management Act of 1976 requires the use allocations and Standards and a single associated Environmental development, maintenance, and Guidelines from the Northwest Forest Impact Statement (EIS) for the Coos Bay revision of land use plans. The vast Plan. They also included decisions on District, Eugene District, Medford majority of the public lands in the other issues or programs such as land District, Roseburg District, Salem planning area are Revested Oregon and tenure, off-highway vehicles, etc. The District, and the Klamath Falls Resource California Railroad (O&C) lands, or Coos RMPs provide guidance for all activities Area of the Lakeview District (planning Bay Wagon Road (CBWR) lands, and are that occur on BLM-administered lands. area). managed under the statutory authority The BLM will continue to manage these DATES: This notice initiates the public of the Oregon and California Revested lands in accordance with the existing scoping process. Comments on the Railroad Lands Act of 1937 (O&C Act, RMPs until the revised RMPs are scope of the plan revisions, including Pub. L. 75–405). Preparation of the completed and a Record of Decision is issues or concerns that should be RMPs and EIS will conform to the above signed. considered, must be submitted in land management laws and will also After the 1995 RMPs were completed, writing to the address listed below by comply with other Federal laws such as the American Forest Resource Council October 21, 2005. Dates and locations the Endangered Species Act, Clean (AFRC) and others filed a lawsuit for public meetings or other events will Water Act, and the National against the Secretaries of Agriculture be announced through mailings, the Environmental Policy Act. Additionally, and the Interior alleging that the Record local news media, newsletters, and the plan revisions will follow Federal of Decision for the Northwest Forest BLM internet site at least 15 days prior regulations and BLM management Plan violated the O&C Act and to any event. These plan revisions are policies. numerous other laws. The Secretary of scheduled to be complete in 2008. Congress, in 1866, established a land the Interior, the Secretary of ADDRESSES: Written comments should grant to promote the completion of the Agriculture, the AFRC, and the be addressed to: BLM, Attn: Western Oregon and California Railroad from Association of O&C Counties agreed to Oregon Planning Revision (OR–930.1), Portland, Oregon, to San Francisco, settle this lawsuit in August of 2003. P.O. Box 2965, Portland, OR 97208. In California. In 1916, Congress revested, The settlement agreement requires the addition, the BLM intends to provide a or brought back into Federal ownership, BLM, contingent on funding, to revise Web site for the public to use to submit the title to approximately 2.2 million the current RMPs and consider at least electronic comments. When the Web acres of land deeded to the Oregon and one alternative that will not create any site is available, more information will California Railroad after the company reserves on O&C lands except as be posted at http://www.or.blm.gov. violated the terms of the land grant. required to avoid jeopardy to species All public comments, including Congress also revested about 93,000 listed as threatened or endangered names and mailing addresses of acres of CBWR lands due to similar under the Endangered Species Act or respondents, may be published as part circumstances in 1919. The O&C Act of adverse modification to critical habitat of the EIS. Individual respondents may 1937 placed management jurisdiction of for such species. request confidentiality. If you wish to these lands under the United States The revisions to the existing RMPs withhold your name or street address Department of the Interior and directed will answer the question regarding how from public review or from disclosure that timber thereon be managed for the BLM should manage the O&C lands under the Freedom of Information Act, permanent forest production using the to achieve the O&C Act requirement of please state this prominently at the principle of sustained yield. The permanent forest production [as beginning of your written benefits of sustained yield forest interpreted by the United States Court of correspondence. The BLM will honor management, as described in the O&C Appeals for the Ninth Circuit] while such requests to the extent allowed by Act, are a permanent source of timber, complying with applicable laws such as

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the Endangered Species Act and the applicable laws such as the Endangered sections for Township 17 North, Range Clean Water Act. Species Act and the Clean Water Act. 18 West, accepted July 19, 2005, for Through a public participation Alternatives to be considered: Group 909 New Mexico. process, the BLM will work A reasonable range of alternatives will The plat representing the dependent collaboratively with interested parties to be considered. All alternatives will be resurvey and survey of subdivision of identify which management direction is designed to comply with existing laws. sections for Township 20 North, Range best suited to manage the O&C lands as Two alternatives known at this time are: 9 East, accepted July 20, 2005, for Group described in the O&C Act and other • No Action—continue management 109 New Mexico. provisions of laws considering local, under the current RMPs. The plat, in 2 sheets, representing the regional, and national interests. The first • An alternative which will not create dependent resurvey in Township 13 step in this process is formal public any reserves on O&C lands except as North, Range 19 West, accepted July 20, scoping to help identify planning issues required to avoid jeopardy to species 2005, for Group 1028 New Mexico. and provide for public comment on the listed as threatened or endangered The Supplemental Plat showing proposed planning criteria. under the Endangered Species Act. aliquot parts and new lots 39 and 40 In choosing a preferred alternative for created from former lot 37 of section 18 Issues the involved lands, the BLM will for Township 20 North, Range 9 East, The BLM has identified the following consider factors such as: accepted May 2, 2005, for New Mexico. preliminary planning issues. A planning • The quality of habitats created. The plat representing the dependent issue is identified as a ‘‘matter of • The impacts on water quality resurvey and survey of subdivision of controversy or dispute over resource limited streams. sections for Township 23 North, Range management activities or land use that • The amount of timber produced. 10 East, accepted June 30, 2005, for is well-defined or topically discrete and • The contributions to community Group 1028 New Mexico. entails alternatives between which to stability. The plat representing the dependent choose’’ (H–1601–1 III.A.3). These • Costs of implementation. resurvey and survey of subdivision of preliminary issues are not final and may As part of this RMP process, the BLM sections for Township 23 North, Range be refined or augmented based on will analyze areas for potential 8 West, accepted March 30, 2005, for public participation and comments designation as Areas of Critical Group 1033 New Mexico. received during scoping. • Environmental Concern (ACEC) in Indian Meridian, Oklahoma Vegetation—How should BLM- accordance with 43 CFR 1610.7–2. The plats representing the dependent administered forest lands be managed, Public nominations for potential ACECs resurvey and survey of Township 8 both temporally and spatially, to to be considered in these revisions must North, Range 12 East, accepted May 11, provide a sustainable supply of wood be made by October 28, 2005. and other forest products mandated by 2005, for Group 97 Oklahoma. the O&C Act while meeting applicable James G. Kenna, The plat representing the dependent laws and regulations? Associate State Director, Oregon/Washington, resurvey and survey of Township 9 • Habitat—How should the O&C Bureau of Land Management. North, Range 12 East, accepted May 11, lands be managed to contribute to the [FR Doc. 05–17641 Filed 9–6–05; 8:45 am] 2005, for Group 97 Oklahoma. conservation of species consistent with BILLING CODE 4310–33–P The plat representing the dependent the Endangered Species Act? resurvey and survey of Township 9 • Watershed management and water North, Range 7 East, accepted May 11, quality—How should BLM lands be DEPARTMENT OF THE INTERIOR 2005, for Group 109 Oklahoma. managed to contribute to meeting the The plat representing the dependent Clean Water Act and the Safe Drinking Bureau of Land Management resurvey and survey of Township 1 Water Act? [NM–952–05–1420–BJ] North, Range 2 West, accepted June 13, • Wildland fire and fuels—How 2005, for Group 111 Oklahoma. should BLM-administered land be Notice of Filing of Plats of Survey; New The plat representing the dependent managed to reduce the risk of wildfires Mexico resurvey and survey of Township 9 and integrate fire back into the North, Range 11 East, accepted May 11, ecosystem? AGENCY: Bureau of Land Management, 2005, for Group 97 Oklahoma. Interior. The plat representing the dependent Planning Criteria ACTION: Notice. resurvey and survey of Township 4 The BLM has also identified some South, Range 2 West, accepted June 30, preliminary criteria to guide the SUMMARY: The plats of survey described 2005, for Group 115 Oklahoma. development of the RMPs, to avoid below are scheduled to be officially The plat representing the dependent unnecessary data collection and filed in the New Mexico State Office, resurvey and survey of Township 5 analysis, and to ensure the RMPs are Bureau of Land Management, Santa Fe, North, Range 4 West, accepted April 12, tailored to the issues. These criteria may New Mexico, (30) thirty calendar days 2005, for Group 125 Oklahoma. be modified or other criteria identified from the date of this publication. The plat representing the dependent after the public scoping process. The SUPPLEMENTARY INFORMATION: resurvey and survey of Township 1 public is invited to comment on the North, Range 5 West, accepted June 13, New Mexico Principal Meridian, New following preliminary planning criteria: 2005, for Group 103 Oklahoma. Purpose and need for the plan Mexico The plat representing the dependent revisions: The plat representing the dependent resurvey and survey of Township 23 • The BLM will manage the O&C resurvey and survey in Township 9 North, Range 8 East, accepted August 8, lands to achieve the O&C Act South, Range 12 East, and subdivision 2005, for Group 127 Oklahoma. requirement of permanent forest of sections, accepted March 7, 2005, for The plat representing the dependent production [as interpreted by the United Group 943 New Mexico. resurvey and survey of Township 14 States Court of Appeals for the Ninth The Plat representing the dependent North, Range 25 East, accepted May 11, Circuit] while complying with resurvey and survey of subdivision of 2005, for Group 114 Oklahoma.

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The plat representing the dependent of the Harmonized Tariff Schedule of investigation is being scheduled as a resurvey and survey of Township 8 the United States.1 result of an affirmative preliminary North, Range 5 West, accepted June 30, For further information concerning determination by the Department of 2005, for Group 122 Oklahoma. the conduct of this phase of the Commerce that imports of certain If a protest against a survey, as shown investigation, hearing procedures, and orange juice from Brazil are being sold on any of the above plats is received rules of general application, consult the in the United States at less than fair prior to the date of official filing, the Commission’s Rules of Practice and value within the meaning of section 733 filing will be stayed pending Procedure, part 201, subparts A through of the Act (19 U.S.C. 1673b). The consideration of the protest. A plat will E (19 CFR part 201), and part 207, investigation was requested in a petition not be officially filed until the day after subparts A and C (19 CFR part 207). filed on December 27, 2004, by Florida all protests have been dismissed. DATES: Effective date: August 24, 2005. Citrus Mutual, A. Duda & Sons, Inc., FOR FURTHER INFORMATION CONTACT: Citrus World, Inc., Peace River Citrus A person or party who wishes to Products, Inc., and Southern Garden protest against any of these surveys Elizabeth Haines (202) 205–3200, Office of Investigations, U.S. International Citrus Processing Corp. must file a written protest with the New Participation in the investigation and Mexico State Director, Bureau of Land Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing- public service list.—Persons, including Management, stating that they wish to industrial users of the subject protest. impaired persons can obtain information on this matter by contacting merchandise and, if the merchandise is A statement of reasons for a protest the Commission’s TDD terminal on sold at the retail level, representative may be filed with the notice of protest (202) 205–1810. Persons with mobility consumer organizations, wishing to to the State Director, or the statement of impairments who will need special participate in the final phase of this reasons must be filed with the State assistance in gaining access to the investigation as parties must file an Director within thirty days after the Commission should contact the Office entry of appearance with the Secretary protest is filed. of the Secretary at 202–205–2000. to the Commission, as provided in section 201.11 of the Commission’s FOR FURTHER INFORMATION CONTACT: General information concerning the rules, no later than 21 days prior to the These plats will be available for Commission may also be obtained by hearing date specified in this notice. A inspection in the New Mexico State accessing its Internet server (http:// party that filed a notice of appearance Office, Bureau of Land Management, www.usitc.gov). The public record for during the preliminary phase of the P.O. Box 27115, Santa Fe, New Mexico this investigation may be viewed on the investigation need not file an additional 87502–0115. Copies may be obtained Commission’s electronic docket (EDIS) notice of appearance during this final from this office upon payment of $1.10 at http://edis.usitc.gov. phase. The Secretary will maintain a per sheet. SUPPLEMENTARY INFORMATION: public service list containing the names Dated: August 23, 2005. Background.—The final phase of this and addresses of all persons, or their Robert A. Casias, representatives, who are parties to the 1 For purposes of this investigation, the investigation. Chief Cadastral Surveyor. Department of Commerce (Commerce) has defined [FR Doc. 05–17669 Filed 9–6–05; 8:45 am] the subject imports as certain orange juice for Limited disclosure of business BILLING CODE 4310–FB–M transport and/or further manufacturing, produced proprietary information (BPI) under an in two different forms: (1) Frozen orange juice in administrative protective order (APO) a highly concentrated form, sometimes referred to and BPI service list.—Pursuant to as FCOJM; and (2) pasteurized single-strength orange juice which has not been concentrated, section 207.7(a) of the Commission’s INTERNATIONAL TRADE referred to as NFC. rules, the Secretary will make BPI COMMISSION The scope of this investigation with regard to gathered in the final phase of this FCOJM covers only FCOJM produced and/or investigation available to authorized exported by those companies which were excluded applicants under the APO issued in the [Investigation No. 731–TA–1089 (Final)] or revoked from the pre-existing antidumping order on FCOJ from Brazil (52 FR 16426 (May 5, 1987)) investigation, provided that the Certain Orange Juice From Brazil as of December 27, 2004. Those companies are application is made no later than 21 Cargill Citrus Limitada, Fischer S/A—Agroindustria days prior to the hearing date specified (formerly Citrosuco Paulista S.A.), Montecitrus in this notice. Authorized applicants AGENCY: International Trade Industria e Comercio Limitada, and Sucocitrico Commission. Cutrale, S.A. Commerce also revoked the pre- must represent interested parties, as existing antidumping duty order on FCOJ with defined by 19 U.S.C. 1677(9), who are ACTION: Scheduling of the final phase of regard to two additional companies, Coopercitrus parties to the investigation. A party an antidumping investigation. Industrial Frutesp and Frutropic S.A. that are now granted access to BPI in the preliminary doing business under the name COINBRA-Frutesp. phase of the investigation need not SUMMARY: The Commission hereby gives Commerce must make successor-in-interest findings with respect to each entity no later than its final reapply for such access. A separate notice of the scheduling of the final determination in this case, and should they find service list will be maintained by the phase of antidumping investigation No. COINBRA-Frutesp to be the successor-in-interest to Secretary for those parties authorized to 731–TA–1089 (Final) under section one or both of these companies, imports of FCOJM receive BPI under the APO. 735(b) of the Tariff Act of 1930 (19 from the successor company will be included in the scope of this proceeding. Staff report.—The prehearing staff U.S.C. 1673d(b)) (the Act) to determine Excluded from the scope of the investigation are report in the final phase of this whether an industry in the United imports of reconstituted orange juice and frozen investigation will be placed in the States is materially injured or concentrated orange juice for retail (FCOJR). nonpublic record on December 20, 2005, threatened with material injury, or the Reconstituted orange juice is produced through further manufacture of FCOJM, by adding water, and a public version will be issued establishment of an industry in the oils and essences to the orange juice concentrate. thereafter, pursuant to section 207.22 of United States is materially retarded, by FCOJR is concentrated orange juice, typically at 42E the Commission’s rules. reason of less-than-fair-value imports Brix, in a frozen state, packed in retail-sized Hearing.—The Commission will hold from Brazil of certain orange juice, containers ready for sale to consumers. FCOJR, a finished consumer product, is produced through a hearing in connection with the final provided for in subheadings 2009.11.00, further manufacture of FCOJM, a bulk phase of this investigation beginning at 2009.12.25, 2009.12.45, and 2009.19.00 manufacturer’s product. 9:30 a.m. on January 10, 2006, at the

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U.S. International Trade Commission the extent permitted by section 201.8 of Harmonized Tariff Schedule of the Building. Requests to appear at the the Commission’s rules, as amended, 67 United States.1 hearing should be filed in writing with FR 68036 (November 8, 2002). Even For further information concerning the Secretary to the Commission on or where electronic filing of a document is the conduct of this phase of the before January 3, 2006. A nonparty who permitted, certain documents must also investigation, hearing procedures, and has testimony that may aid the be filed in paper form, as specified in II rules of general application, consult the Commission’s deliberations may request (C) of the Commission’s Handbook on Commission’s Rules of Practice and permission to present a short statement Electronic Filing Procedures, 67 FR Procedure, part 201, subparts A through at the hearing. All parties and 68168, 68173 (November 8, 2002). E (19 CFR part 201), and part 207, nonparties desiring to appear at the Additional written submissions to the subparts A and C (19 CFR part 207). hearing and make oral presentations Commission, including requests DATES: Effective date: August 18, 2005. should attend a prehearing conference pursuant to section 201.12 of the FOR FURTHER INFORMATION CONTACT: to be held at 9:30 a.m. on January 6, Commission’s rules, shall not be Megan Spellacy (202) 205–3190, Office 2006, at the U.S. International Trade accepted unless good cause is shown for of Investigations, U.S. International Commission Building. Oral testimony accepting such submissions, or unless Trade Commission, 500 E Street, SW., and written materials to be submitted at the submission is pursuant to a specific Washington, DC 20436. Hearing- the public hearing are governed by request by a Commissioner or impaired persons can obtain sections 201.6(b)(2), 201.13(f), and Commission staff. information on this matter by contacting 207.24 of the Commission’s rules. In accordance with sections 201.16(c) the Commission’s TDD terminal on Parties must submit any request to and 207.3 of the Commission’s rules, (202) 205–1810. Persons with mobility present a portion of their hearing each document filed by a party to the impairments who will need special testimony in camera no later than 7 investigation must be served on all other assistance in gaining access to the business days prior to the date of the parties to the investigation (as identified Commission should contact the Office hearing. by either the public or BPI service list), of the Secretary at (202) 205–2000. Written submissions.—Each party and a certificate of service must be General information concerning the who is an interested party shall submit timely filed. The Secretary will not Commission may also be obtained by a prehearing brief to the Commission. accept a document for filing without a accessing its Internet server (http:// Prehearing briefs must conform with the certificate of service. www.usitc.gov). The public record for provisions of section 207.23 of the Authority: This investigation is being this investigation may be viewed on the Commission’s rules; the deadline for conducted under authority of title VII of the Commission’s electronic docket (EDIS) filing is December 29, 2005. Parties may Tariff Act of 1930; this notice is published at http://edis.usitc.gov. also file written testimony in connection pursuant to section 207.21 of the SUPPLEMENTARY INFORMATION: Commission’s rules. with their presentation at the hearing, as Background.—The final phase of this provided in section 207.24 of the By order of the Commission. investigation is being scheduled as a Commission’s rules, and posthearing Issued: August 31, 2005. result of an affirmative preliminary briefs, which must conform with the Marilyn R. Abbott, determination by the Department of provisions of section 207.25 of the Secretary to the Commission. Commerce that imports of superalloy Commission’s rules. The deadline for [FR Doc. 05–17659 Filed 9–6–05; 8:45 am] filing posthearing briefs is January 17, 1 For purposes of this investigation, the BILLING CODE 7020–02–P 2006; witness testimony must be filed Department of Commerce has defined the subject no later than three days before the merchandise as ‘‘all forms, sizes, and grades of superalloy degassed chromium from Japan. hearing. In addition, any person who INTERNATIONAL TRADE Superalloy degassed chromium is a high-purity has not entered an appearance as a party COMMISSION form of chrome metal that contains at least 99.5 to the investigation may submit a percent, but less than 99.95 percent, chromium. written statement of information [Investigation No. 731–TA–1090 (Final)] Superalloy degassed chromium contains very low levels of certain gaseous elements and other pertinent to the subject of the Superalloy Degassed Chromium From impurities (typically no more than 0.005 percent investigation, including statements of Japan nitrogen, 0.005 percent sulphur, 0.05 percent support or opposition to the petition, on oxygen, 0.01 percent aluminum, 0.05 percent silicon, and 0.35 percent iron). Superalloy degassed or before January 17, 2006. On February AGENCY: International Trade chromium is generally sold in briquetted form, as 2, 2006, the Commission will make Commission. ‘‘pellets’’ or ‘‘compacts,’’ which typically are 11⁄2 available to parties all information on ACTION: Scheduling of the final phase of inches x 1 inch x 1 inch or smaller in size and have which they have not had an opportunity an antidumping duty investigation. a smooth surface. Superalloy degassed chromium to comment. Parties may submit final currently is classifiable under subheading 8112.21.00 of the Harmonized Tariff Schedule of comments on this information on or SUMMARY: The Commission hereby gives the United States (‘‘HTSUS’’). This investigation before February 6, 2006, but such final notice of the scheduling of the final covers all chromium meeting the above comments must not contain new factual phase of antidumping investigation No. specifications regardless of tariff classification. information and must otherwise comply 731–TA–1090 (Final) under section Certain higher-purity and lower-purity chromium products are excluded from the scope of this with section 207.30 of the Commission’s 735(b) of the Tariff Act of 1930 (19 investigation. Specifically, the scope of the rules. All written submissions must U.S.C. 1673d(b)) (the Act) to determine investigation does not cover electronics-grade conform with the provisions of section whether an industry in the United chromium, which contains a higher percentage of 201.8 of the Commission’s rules; any States is materially injured or chromium (typically not less than 99.95 percent), a much lower level of iron (less than 0.05 percent), submissions that contain BPI must also threatened with material injury, or the and lower levels of other impurities than superalloy conform with the requirements of establishment of an industry in the degassed chromium. The investigation also does not sections 201.6, 207.3, and 207.7 of the United States is materially retarded, by cover ‘‘vacuum melt grade’’ (‘‘VMG’’) chromium, Commission’s rules. The Commission’s reason of less-then-fair-value imports which normally contains at least 99.4 percent chromium and contains a higher level of one or rules do not authorize filing of from Japan of superalloy degassed more impurities (nitrogen, sulphur, oxygen, submissions with the Secretary by chromium (‘‘SD chromium’’), provided aluminum and/or silicon) than specified above for facsimile or electronic means, except to for in subheading 8112.21.00 of the superalloy degassed chromium.’’

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degassed chromium from Japan are before October 24, 2005. A nonparty documents must also be filed in paper being sold in the United States at less who has testimony that may aid the form, as specified in II (C) of the than fair value within the meaning of Commission’s deliberations may request Commission’s Handbook on Electronic section 733 of the Act (19 U.S.C. 1673b). permission to present a short statement Filing Procedures, 67 FR 68168, 68173 The investigation was requested in a at the hearing. All parties and (November 8, 2002). petition filed on March 4, 2005, by nonparties desiring to appear at the Additional written submissions to the Eramet Marietta Inc., Marietta, OH, and hearing and make oral presentations Commission, including requests the Paper, Allied-Industrial, Chemical should attend a prehearing conference pursuant to section 201.12 of the and Energy Workers International to be held at 9:30 a.m. on October 28, Commission’s rules, shall not be Union, Local 5–0639, Belpre, OH. 2005, at the U.S. International Trade accepted unless good cause is shown for Participation in the investigation and Commission Building. Oral testimony accepting such submissions, or unless public service list.—Persons, including and written materials to be submitted at the submission is pursuant to a specific industrial users of the subject the public hearing are governed by request by a Commissioner or merchandise and, if the merchandise is sections 201.6(b)(2), 201.13(f), and Commission staff. sold at the retail level, representative 207.24 of the Commission’s rules. In accordance with sections 201.16(c) consumer organizations, wishing to Parties must submit any request to and 207.3 of the Commission’s rules, participate in the final phase of this present a portion of their hearing each document filed by a party to the investigation as parties must file an testimony in camera no later than 7 investigation must be served on all other entry of appearance with the Secretary days prior to the date of the hearing. parties to the investigation (as identified to the Commission, as provided in Written submissions.—Each party by either the public or BPI service list), section 201.11 of the Commission’s who is an interested party shall submit and a certificate of service must be rules, no later than 21 days prior to the a prehearing brief to the Commission. timely filed. The Secretary will not hearing date specified in this notice. A Prehearing briefs must conform with the accept a document for filing without a party that filed a notice of appearance provisions of section 207.23 of the certificate of service. during the preliminary phase of the Commission’s rules; the deadline for Authority: This investigation is being investigation need not file an additional filing is October 27, 2005. Parties may conducted under authority of title VII of the notice of appearance during this final also file written testimony in connection Tariff Act of 1930; this notice is published phase. The Secretary will maintain a with their presentation at the hearing, as pursuant to section 207.21 of the public service list containing the names provided in section 207.24 of the Commission’s rules. and addresses of all persons, or their By order of the Commission. representatives, who are parties to the Commission’s rules, and posthearing investigation. briefs, which must conform with the Issued: August 31, 2005. Limited disclosure of business provisions of section 207.25 of the Marilyn R. Abbott, proprietary information (BPI) under an Commission’s rules. The deadline for Secretary to the Commission. administrative protective order (APO) filing posthearing briefs is November 10, [FR Doc. 05–17658 Filed 9–6–05; 8:45 am] and BPI service list.—Pursuant to 2005; witness testimony must be filed BILLING CODE 7020–02–P section 207.7(a) of the Commission’s no later than three days before the rules, the Secretary will make BPI hearing. In addition, any person who gathered in the final phase of this has not entered an appearance as a party DEPARTMENT OF JUSTICE investigation available to authorized to the investigation may submit a applicants under the APO issued in the written statement of information [AAG/A Order No. 008–2005] investigation, provided that the pertinent to the subject of the investigation, including statements of Justice Management Division; Privacy application is made no later than 21 Act of 1974; System of Records days prior to the hearing date specified support or opposition to the petition, on in this notice. Authorized applicants or before November 10, 2005. On AGENCY: Office of Attorney Recruitment must represent interested parties, as November 28, 2005, the Commission and Management, Justice Management defined by 19 U.S.C. 1677(9), who are will make available to parties all Division, Justice. parties to the investigation. A party information on which they have not had ACTION: Notice of a new system of granted access to BPI in the preliminary an opportunity to comment. Parties may records. phase of the investigation need not submit final comments on this reapply for such access. A separate information on or before November 30, SUMMARY: Pursuant to the provisions of service list will be maintained by the 2005, but such final comments must not the Privacy Act of 1974 (5 U.S.C. 552a), Secretary for those parties authorized to contain new factual information and notice is given that the Department of receive BPI under the APO. must otherwise comply with section Justice (DOJ or the Department), Justice Staff report.—The prehearing staff 207.30 of the Commission’s rules. All Management Division’s Office of report in the final phase of this written submissions must conform with Attorney Recruitment and Management investigation will be placed in the the provisions of section 201.8 of the (OARM), proposes to establish a new nonpublic record on October 20, 2005, Commission’s rules; any submissions system of records entitled ‘‘Federal and a public version will be issued that contain BPI must also conform with Bureau of Investigation Whistleblower thereafter, pursuant to section 207.22 of the requirements of sections 201.6, Case Files, JMD–023.’’ The system the Commission’s rules. 207.3, and 207.7 of the Commission’s maintains all documents and evidence Hearing.—The Commission will hold rules. The Commission’s rules do not filed with the Director of OARM, a hearing in connection with the final authorize filing of submissions with the pertaining to requests for corrective phase of this investigation beginning at Secretary by facsimile or electronic action by employees of, or applicants for 9:30 a.m. on November 3, 2005, at the means, except to the extent permitted by employment with, the Federal Bureau of U.S. International Trade Commission section 201.8 of the Commission’s rules, Investigation (or recommendations for Building. Requests to appear at the as amended, 67 FR 68036 (November 8, corrective action by the Department’s hearing should be filed in writing with 2002). Even where electronic filing of a Office of the Inspector General (OIG) or the Secretary to the Commission on or document is permitted, certain the Department’s Office of Professional

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Responsibility (OPR)) made under the In accordance with 5 U.S.C. 552a(r), PURPOSE(S): Federal Bureau of Investigation’s (FBI’s) the Department has provided a report to The system maintains all documents whistleblower regulations, 28 CFR Part OMB and the Congress. and evidence filed with the Director of 27. Dated: August 31, 2005. OARM pertaining to requests for DATES: In accordance with the Paul R. Corts, corrective action by employees of, or applicants for employment with, the FBI requirements of 5 U.S.C. 552a(e)(4) and Assistant Attorney General for (11), the public is given a 30-day period Administration. (or recommendations for corrective in which to comment. The Office of action by OIG/OPR) brought under the Management and Budget (OMB), which Justice/JMD–023 FBI’s whistleblower regulations, 28 CFR has oversight responsibility under the Part 27. The records in the system are Act, has 40 days in which to conclude SYSTEM NAME: used by the Director of OARM to its review of the system. Therefore, Federal Bureau of Investigation determine whether an employee or please submit any comments by October Whistleblower Case Files applicant made a protected disclosure 17, 2005. that was a contributing factor in the SECURITY CLASSIFICATION: ADDRESSES: The public, OMB, and the FBI’s decision to take (or fail to take, or Congress are invited to submit any The system itself is not classified. threaten to take or fail to take) a covered comments to Mary E. Cahill, However, items or records within the personnel action against the employee Management and Planning Staff, Justice system may have national security/ or applicant and, if so, what, if any, Management Division, Department of foreign policy classifications. corrective action can and should be Justice, Washington, DC 20530 (Room SYSTEM LOCATION: appropriately ordered. 1400, National Place Building). Records in this system are located at ROUTINE USES OF RECORDS MAINTAINED IN THE FOR FURTHER INFORMATION CONTACT: the Department of Justice, Justice SYSTEM, INCLUDING CATEGORIES OF USERS AND Louis DeFalaise, Director, Office of Management Division, Office of THE PURPOSES OF SUCH USES: Attorney Recruitment and Management, Attorney Recruitment and Management Records or information from this Justice Management Division, (OARM), 20 Massachusetts Avenue, system of records may be disclosed Department of Justice, Washington, DC NW., Suite 5100, Washington, DC under the following circumstances 20530 (Suite 5100, 20 Massachusetts 20530. when it has been determined by the Ave., NW.). Department of Justice that such a need SUPPLEMENTARY INFORMATION: The CATEGORIES OF INDIVIDUALS COVERED BY THE exists: Privacy Act (5 U.S.C. 552a(e)(4)) SYSTEM: 1. To the news media and the public requires the Department to publish in Any employee of, or applicant for pursuant to 28 CFR 50.2 unless it is the Federal Register this notice of a new employment with, the FBI who has filed determined that release of the specific system of records managed by the a request for corrective action with information in the context of a Department. The Privacy Act applies to OARM (or for whom the Department of particular case would constitute an a record about an individual that is Justice’s Office of Inspector General unwarranted invasion of personal maintained in a system of records from (OIG) or Office of Professional privacy. which information is retrieved by a Responsibility (OPR) has made a 2. To a Member of Congress or staff unique identifier identified with each recommendation for corrective action to acting upon the Member’s behalf when individual, such as a name or social OARM) pursuant to a claim of unlawful the Member or staff requests security number. The information about reprisal brought under the FBI information on behalf of, and at the each individual is called a ‘‘record,’’ whistleblower regulations, 28 CFR Part request of, the individual who is the and the system, whether manual or 27. subject of the record. computer-driven, is called a ‘‘system of 3. To the National Archives and records.’’ The Privacy Act requires each CATEGORIES OF RECORDS IN THE SYSTEM: Records Administration for purposes of agency to publish notices of systems of The records in the system relate to records management inspections records in the Federal Register and to OARM’s adjudication process and conducted under the authority of 44 prepare reports to OMB whenever the customarily include the employee’s U.S.C. 2904, 2906. agency publishes a new or ‘‘altered’’ request for corrective action (or OIG’s/ 4. Where a record, either on its face system of records. OPR’s recommendation for corrective or in conjunction with other The records in this system are used by action), the parties’ submissions, information, indicates a violation or the Director of OARM to determine correspondence between OARM and the potential violation of law—criminal, whether an employee of, or applicant parties, and OARM’s Orders and civil, or regulatory in nature—the for employment with, the FBI made a Opinions. These records may also relevant records may be referred to the protected disclosure that was a include, but are not limited to, status appropriate Federal, State, local, contributing factor in the FBI’s decision conference notes, and evidentiary foreign, or tribal law enforcement to take (or not take, or threaten to take submissions and exhibits (e.g., authority or other appropriate agency or not take) a covered personnel action affidavits, depositions, video/audio charged with the responsibility of against the employee or applicant and, tapes, electronic communications, investigating or prosecuting such a if so, what, if any, corrective action can newspaper articles, etc.). Records in the violation or enforcing or implementing and should be appropriately ordered. system may also contain OIG/OPR such law. The official version of this document Reports of Investigation, including those 5. In an appropriate proceeding before is the document published in the that serve to terminate an investigation a court, or administrative or Federal Register. Free Internet access to of alleged unlawful reprisal (subject to adjudicative body, when the the official edition of the Federal 28 CFR 27.3(h) and (i)). Department of Justice determines that Register and the Code of Federal the records are arguably relevant to the Regulations is available on GPO Access AUTHORITY FOR MAINTENANCE OF THE SYSTEM: proceeding; or in an appropriate at: http://www.access.gpo.gov/nara/ 5 U.S.C. 301; 44 U.S.C. 3101; 28 CFR proceeding before an administrative or index.html. Part 27. adjudicative body when the adjudicator

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determines the records to be relevant to recommendation for corrective action to CONTESTING RECORD PROCEDURES: the proceeding. OARM) pursuant to a claim of unlawful Individuals desiring to contest or 6. To an actual or potential party to reprisal brought under the FBI amend information maintained in the litigation or administrative proceeding, whistleblower regulations, 28 CFR Part system should direct their request or to the party’s authorized 27. according to the Records Access representative, for the purpose of procedures and to the System Manager negotiation or discussion of such SAFEGUARDS: above, stating clearly and concisely matters as settlement, plea bargaining, Information in this system is what information is being contested, the or in informal discovery proceedings. safeguarded in accordance with reasons for contesting it, and the 7. To appropriate officials and applicable rules and policies, including proposed amendment to the information employees of a Federal agency or entity the Department’s automated systems sought. Some information may be which requires information relevant to a security and access policies. Records in exempt from contesting record decision concerning the hiring, this system are maintained in restricted procedures as described in the section appointment, or retention of an access space in Department of Justice entitled ‘‘Exemptions Claimed for the employee; the issuance, renewal, controlled facilities and offices. All System.’’ An individual who is the suspension, or revocation of a security physical access to the building where subject of a record in this system may clearance; the execution of a security or this system of records is maintained is amend those records that are not suitability investigation; the letting of a controlled and monitored by security exempt. A determination whether a contract; or the issuance of a grant or personnel. Computerized data is record may be amended will be made at benefit. password protected. The information is the time a request is received. 8. To Federal, State, local, tribal, accessed only by authorized Department RECORD SOURCE CATEGORIES: foreign, or international licensing personnel or by non-Department agencies or associations which require personnel properly authorized to assist Information in this system of records information concerning the suitability in the conduct of an agency function is obtained from the subject of the or eligibility of an individual for a related to these records. record and/or the subject’s license or permit. representative, the FBI, officials of the 9. To contractors, grantees, experts, RETENTION AND DISPOSAL: Department, and official Department consultants, students, and others documents. performing or working on a contract, The retention and disposal schedule EXEMPTIONS CLAIMED FOR THE SYSTEM: service, grant, cooperative agreement, or for these records is pending approval of other assignment for the Federal the National Archives and Records The Attorney General has exempted Government, when necessary to Administration. this system from 5 U.S.C. 552a(c)(3) and accomplish an agency function related (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), SYSTEM MANAGER(S) AND ADDRESS: to this system of records. (5) and (8); and (g). The exemptions will 10. To a former employee of the Director, Office of Attorney be applied only to the extent that Department for purposes of: responding Recruitment and Management, Justice information in a record is subject to to an official inquiry by a Federal, State, Management Division, Department of exemption pursuant to 5 U.S.C. or local government entity or Justice, 20 Massachusetts Avenue, NW., 552a(j)(2), and (k). A determination as to professional licensing authority, in Suite 5100, Washington, DC 20530. exemption shall be made at the time a accordance with applicable Department request for access or amendment is regulations; or facilitating NOTIFICATION PROCEDURE: received. Rules have been promulgated communications with a former Address inquiries to the System in accordance with the requirements of employee that may be necessary for Manager named above. 5 U.S.C. 553(b), (c), and (e), and have personnel-related or other official been published in the Federal Register. purposes where the Department requires RECORD ACCESS PROCEDURES: [FR Doc. 05–17700 Filed 9–6–05; 8:45 am] information and/or consultation Requests for access must be in writing BILLING CODE 4410–FR–P assistance from the former employee and should be addressed to the System regarding a matter within that person’s Manager named above. The envelope former area of responsibility. and letter should be clearly marked DEPARTMENT OF LABOR DISCLOSURE TO CONSUMER REPORTING ‘‘Privacy Act Request.’’ Requests for Bureau of Labor Statistics AGENCIES: access to records must comply with the Department’s Privacy Act regulations, to Not applicable. Proposed Collection; Comment include a general description of the Request POLICIES AND PRACTICES FOR STORING, records sought, and the requester’s full RETRIEVING, ACCESSING, RETAINING, AND name, current address, and date and ACTION: Notice. DISPOSING OF RECORDS IN THE SYSTEM: place of birth. The request must be STORAGE: signed and dated and either notarized or SUMMARY: The Department of Labor, as Records are maintained in hard copy submitted under penalty of perjury. part of its continuing effort to reduce and in electronic form accessible with Some information may be exempt from paperwork and respondent burden, office automation software on access provisions as described in the conducts a pre-clearance consultation Department personal computers within section entitled ‘‘Exemptions Claimed program to provide the general public OARM’s office suite. for the System.’’ An individual who is and Federal agencies with an the subject of a record in this system opportunity to comment on proposed RETRIEVABILITY: may access those records that are not and/or continuing collections of Information is retrieved by the name exempt from disclosure. A information in accordance with the of the individual who has filed a request determination whether a record may be Paperwork Reduction Act of 1995 for corrective action with OARM (or for accessed will be made at the time a (PRA95) [44 U.S.C. 3506(c) (2)(A)]. This whom OIG or OPR has made a request is received. program helps to ensure that requested

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data can be provided in the desired Bureau’s data collection procedures and • Enhance the quality, utility, and format, reporting burden (time and overall data management. The BLS is clarity of the information to be financial resources) is minimized, committed to producing the most collected; and collection instruments are clearly accurate and complete data within the • Minimize the burden of the understood, and the impact of collection highest quality assurance guidelines. collection of information on those who requirements on respondents can be The BSRL was created to aid in this are to respond, including through the properly assessed. Currently, the Bureau effort and over the past 17 years it has use of appropriate automated, of Labor Statistics (BLS) is soliciting demonstrated the effectiveness and electronic, mechanical, or other comments concerning the proposed value of its approach. Over the next few technological collection techniques or revision of the ‘‘Cognitive and years, demand for BSRL consultation is other forms of information technology, Psychological Research.’’ A copy of the expected to remain in demand as e.g., permitting electronic submissions proposed information collection request approaches are explored and tested for of responses. (ICR) can be obtained by contacting the dealing with increasing nonresponse in Comments submitted in response to individual listed below in the Addresses key Bureau surveys. Moreover, as the this notice will be summarized and/or section of this notice. use of web-based surveys continues to included in the request for Office of DATES: Written comments must be grow, so too will the need for careful Management and Budget approval of the submitted to the office listed in the tests of instrument design and usability, information collection request; they also addresses section of this notice on or human-computer interactions, and the will become a matter of public record. before November 7, 2005. impact of multiple modes on data Signed at Washington, DC, this 26th day of ADDRESSES: Send comments to Amy A. quality. The BSRL is uniquely equipped August, 2005. Hobby, BLS Clearance Officer, Division with both the skills and facilities to Kimberley Hill, of Management Systems, Bureau of accommodate these demands. The revisions in the accompanying Acting Chief, Division of Management Labor Statistics, Room 4080, 2 Systems, Bureau of Labor Statistics. clearance package reflect an attempt to Massachusetts Avenue, NE., accommodate the increasing interest by [FR Doc. 05–17690 Filed 9–6–05; 8:45 am] Washington, DC 20212, telephone BLS program offices and other agencies BILLING CODE 4510–24–P number 202–691–7628. (This is not a in the methods used, and the results toll free number.) obtained, by the BSRL. This package FOR FURTHER INFORMATION CONTACT: reflects planned research and NUCLEAR REGULATORY Amy A. Hobby, BLS Clearance Officer, development activities for FY2006 COMMISSION telephone number 202–691–7628. (See through FY2008, and its approval will [Docket Nos. 50–315 and 50–316] ADDRESSES section.) enable the continued productivity of a SUPPLEMENTARY INFORMATION: state-of-the-art, multi-disciplinary Indiana Michigan Power Company, program of behavioral science research I. Background Donald C. Cook Nuclear Plant, Units 1 to improve BLS survey methodology. And 2; Notice of Issuance of Renewed The Bureau of Labor Statistics’ Type of Review: Revision of a Facility Operating License Nos. DPR– Behavioral Science Research Laboratory currently approved collection. 58 And DPR–74 for An Additional 20- (BSRL) conducts theoretical, applied, Agency: Bureau of Labor Statistics. Year Period and evaluative research aimed at Title: Cognitive and Psychological improving the quality of data collected Research. Notice is hereby given that the U.S. and published by the Bureau. Since its OMB Number: 1220–0141. Nuclear Regulatory Commission (NRC creation in 1988, the BSRL has Affected Public: Individuals and or the Commission) has issued Renewed advanced the study of survey methods Households. Facility Operating License Nos. DPR–58 research, approaching issues of non- Total Respondents: 1,200. and DPR–74 to Indiana Michigan Power sampling error within a framework that Frequency: One time. Company (licensee), the operator of the Total Responses: 1,200. Donald C. Cook Nuclear Plant (CNP), draws heavily on the theories and Average Time Per Response: 60 methods of the cognitive, statistical, and Units 1 and 2. Renewed Facility minutes. Operating License No. DPR–58 social sciences. The BSRL research Estimated Total Burden Hours: 1,200 authorizes operation of CNP, Unit 1, by focuses primarily on the assessment of hours. survey instrument design and survey Total Burden Cost (capital/startup): the licensee at reactor core power levels administration, as well as on issues $0. not in excess of 3304 megawatts related to interviewer training, the Total Burden Cost (operating/ thermal, respectively in accordance interaction between interviewer and maintenance): $0. with the provisions of the CNP renewed respondent in the interview process, license and its Technical Specifications. and the usability of data-collection III. Desired Focus of Comments Renewed Facility Operating License No. instruments by both interviewers and The Bureau of Labor Statistics is DPR–74 authorizes operation of CNP, respondents. Improvements in these particularly interested in comments Unit 2, by the licensee at reactor core areas result in better accuracy and that: power levels not in excess of 3468 response rates of BLS surveys, • Evaluate whether the proposed megawatts thermal, respectively in frequently reduce costs in training and collection of information is necessary accordance with the provisions of the survey administration, and further for the proper performance of the CNP renewed license and its Technical ensure the effectiveness of the Bureau’s functions of the agency, including Specifications. overall mission. whether the information will have CNP Units 1 and 2 are Pressure Water practical utility; Reactors located in Bridgman, Michigan. II. Current Action • Evaluate the accuracy of the The licensee’s application for the The purpose of this request for agency’s estimate of the burden of the renewed license complied with the clearance by the BSRL is to conduct proposed collection of information, standards and requirements of the cognitive and psychological research including the validity of the Atomic Energy Act of 1954, as amended designed to enhance the quality of the methodology and assumptions used; (the Act), and the Commission’s

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regulations. As required by the Act and NUCLEAR REGULATORY the GEIS should be sent to: Chief, Rules the Commission’s regulations in 10 CFR COMMISSION and Directives Branch, Division of Chapter 1, the Commission has made Administrative Services, Office of [Docket Nos. 50–325 and 50–324] appropriate findings, which are set forth Administration, Mailstop T–6D59, U.S. in each license. Prior public notice of Carolina Power and Light Company, Nuclear Regulatory Commission, the action involving the proposed Brunswick Steam Electric Plant Units, Washington, DC 20555–0001. issuance of the renewed license and of 1 and 2; Notice of Availability of the Comments may be hand-delivered to an opportunity for a hearing regarding Draft Supplement 25 to the Generic the NRC at 11545 Rockville Pike, Room the proposed issuance of the renewed Environmental Impact Statement and T–6D59, Rockville, Maryland, between license was published in the Federal Public Meeting for the License 7:30 a.m. and 4:15 p.m. on Federal Register on December 10, 2003 (68 FR Renewal of Brunswick Steam Electric workdays. Electronic comments may be 68956). Plant, Units 1 and 2 submitted to the NRC by e-mail at For further details with respect to this [email protected]. All comments action, see (1) Indiana Michigan Power Notice is hereby given that the U.S. received by the Commission, including Company’s license renewal application Nuclear Regulatory Commission (NRC those made by Federal, State, and local for Donald C. Cook Nuclear Plant, Units or the Commission) has published a agencies, Native American Tribes, or 1 and 2 dated October 31, 2003, as draft plant-specific supplement to the other interested persons, will be made supplemented by letters dated through Generic Environmental Impact available electronically at the March 24, 2005; (2) the Commission’s Statement (GEIS), NUREG–1437, Commission’s PDR in Rockville, safety evaluation report, dated July 2005 regarding the renewal of operating Maryland, and in ADAMS. (NUREG–1831); and (3) the licenses DPR–71 and DPR–62 for an The NRC staff will hold two public Commission’s final environmental additional 20 years of operation at meetings to present an overview of the impact statements (NUREG–1437, Brunswick Steam Electric Plant, Units 1 draft plant-specific supplement to the Supplement 20, for the Donald C. Cook and 2 (BSEP), respectively. BSEP is GEIS and to accept public comments on Nuclear Plant, Units 1 and 2, dated May located in Brunswick County in the document. The public meetings will 2005). These documents are available at southeastern North Carolina, near the be held on October 18, 2005, at the the NRC’s Public Document Room, One mouth of the Cape Fear River. Possible Southport City Hall, 201 E. Moore White Flint North, 11555 Rockville alternatives to the proposed action Street, Southport, North Carolina 28461. Pike, Rockville, MD 20852 and can be (license renewal) include no action and The first meeting will convene at 1:30 viewed from the NRC Public Electronic reasonable alternative energy sources. p.m. and will continue until 4:30 p.m., Reading Room at http://www.nrc.gov/ The draft Supplement to the GEIS is as necessary. The second meeting will reading-rm/adams.html. publicly available in the NRC Public convene at 7 p.m. and will continue Copies of Renewed Facility Operating Document Room (PDR) located at One until 10:00 p.m., as necessary. Both License Nos. DPR–58 and DPR–74 may White Flint North, 11555 Rockville Pike meetings will be transcribed and will be obtained by writing to the U.S. (first floor), Rockville, Maryland 20852 include: (1) A presentation of the Nuclear Regulatory Commission, or from the Publicly Available Records contents of the draft plant-specific Washington, DC 20555–0001, Attention: (PARS) component of NRC’s supplement to the GEIS, and (2) the Director, Division of Regulatory Agencywide Documents Access and opportunity for interested government Improvement Programs. Copies of the Management System (ADAMS). ADAMS agencies, organizations, and individuals Donald C. Cook Nuclear Plant, Units 1 is accessible from the Public Electronic to provide comments on the draft report. and 2, Safety Evaluation Report Reading Room on the NRC’s Web site at Additionally, the NRC staff will host (NUREG–1831) and the Final http://www.nrc.gov/reading-rm/ informal discussions one hour before Environmental Impact Statements adams.html. The Accession number for the start of each meeting at the (NUREG–1437, Supplement 20) may be draft Supplement 25 to the GEIS is Southport City Hall. No comments on ML052380154. Persons who do not have purchased from the National Technical the draft supplement to the GEIS will be access to ADAMS, or who encounter Information Service, U.S. Department of accepted during the informal problems in accessing the documents Commerce, Springfield, VA 22161 discussions. To be considered, located in ADAMS, should contact the (http://www.ntis.gov), 703–605–6000, or comments must be provided either at PDR reference staff at 1–800–397–4209, the transcribed public meetings or in Attention: Superintendent of 301–415–4737, or by e-mail to writing, as discussed below. Persons Documents, U.S. Government Printing [email protected]. In addition, the William may register to attend or present oral Office, P.O. Box 371954 Pittsburgh, PA Madison Randall Library, located at 601 comments at the meetings by contacting 15250–7954 (http:// S. College Rd., Wilmington, North Mr. Richard L. Emch, Jr., by telephone www.gpoaccess.gov), 202–512–1800. All Carolina 28403 has agreed to make the at 1–800–368–5642, extension 1590, or orders should clearly identify the NRC draft plant-specific supplement to the by e-mail at [email protected] no publication number and the requestor’s GEIS available for public inspection. later than October 11, 2005. Members of Government Printing Office deposit Interested parties may submit the public may also register to speak at account number or VISA or MasterCard comments on the draft supplement to the meeting within 15 minutes of the number and expiration date. the GEIS for consideration by the NRC start of each session. Individual oral Dated at Rockville, Maryland, this 30th day staff. To be certain of consideration, comments may be limited by the time of August 2005. comments on the draft supplement to available, depending on the number of For the Nuclear Regulatory Commission. the GEIS and the proposed action must persons who register. Members of the Pao-Tsin Kuo, be received by December 2, 2005. public who have not registered may also Program Director, License Renewal and Comments received after the due date have an opportunity to speak, if time Environmental Impacts Program, Division of will be considered if it is practical to do permits. The meeting is on the second Regulatory Improvement Programs, Office of so, but the NRC staff is able to assure floor of the building and there is no Nuclear Reactor Regulation. consideration only for comments elevator. Therefore, the meeting room is [FR Doc. E5–4851 Filed 9–6–05; 8:45 am] received on or before this date. Written not handicap accessible. If special BILLING CODE 7590–01–P comments on the draft supplement to equipment or accommodations are

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needed to attend or present information I. Introduction The Affected Environment and at the public meeting, Mr. Emch will Environmental Impacts CY is the licensee and holder of need to be contacted no later than Facility Operating License No. DPR–61 The proposed action is purely October 11, 2005, so that the NRC staff for the HNP, a permanently shutdown administrative in nature and will not can determine whether the request can decommissioning nuclear power plant. significantly increase the probability or be accommodated. Although permanently shutdown, this consequences of accidents. No changes FOR FURTHER INFORMATION CONTACT: Mr. facility is still subject to all rules, and are being made in the types of effluent Richard L. Emch, Jr., License Renewal orders of the NRC. that may be released offsite and there is and Environmental Impacts Program, On December 5, 1996, CY notified no significant increase in occupational Division of Regulatory Improvement NRC that operations had permanently or public radiation exposure. Therefore, Programs, U.S. Nuclear Regulatory ceased and that all fuel had been there are no significant radiological Commission, Washington, DC 20555– permanently removed from the reactor. environmental impacts associated with 0001. Mr. Emch may be contacted at the On July 7, 2000, CY submitted its the proposed action. aforementioned telephone number or e- License Termination Plan, which the With regard to potential non- mail address. NRC approved on November 25, 2002. radiological impacts, the proposed CY began actively decommissioning action does not have a potential to affect Dated at Rockville, Maryland, this 30th day any historic sites. It does not affect non- of August, 2005. HNP in April 1999, through a contract radiological plant effluent and it has no with Bechtel Power Corporation. On For the Nuclear Regulatory Commission. other environmental impact. Therefore, March 26, 2005, CY completed transfer Pao-Tsin Kuo, there are no significant non-radiological of all spent nuclear fuel to its Program Director, License Renewal and environmental impacts associated with Independent Spent Fuel Storage Environmental Impacts Program, Division of the proposed action. Installation. Regulatory Improvement Programs, Office of Accordingly, the NRC concludes that Nuclear Reactor Regulation. II. Environmental Assessment the proposed action will have no [FR Doc. E5–4853 Filed 9–6–05; 8:45 am] Summary significant effect on the environment. BILLING CODE 7590–01–P Identification of Proposed Action Environmental Impacts of the Alternatives to the Proposed Action CY, in accordance with 10 CFR 50.12, NUCLEAR REGULATORY ‘‘Specific Exemptions,’’ has requested As an alternative to the proposed COMMISSION the following exemptions, to the extent action, the staff considered denial of the necessary, from the record retention proposed action (i.e., the ‘‘no-action’’ [Docket No. 50–213] requirements of: alternative). Under this alternative CY (1) 10 CFR part 50, Appendix A would continue to store the records in Connecticut Yankee Atomic Power Criterion 1 which requires certain question until license termination Company, Haddam Neck Plant; records be retained ‘‘through the life of which would result in no change in Environmental Assessment and the unit’’; current environmental impacts. The Finding of No Significant Impact (2) 10 CFR part 50, Appendix B environmental impacts of the proposed Criterion XVII which requires certain action and the alternative action are AGENCY: Nuclear Regulatory similar. Commission. records be retained consistent with regulatory requirements for a duration Agencies and Persons Contacted ACTION: Notice of availability. established by the licensee; and None. (3) 10 CFR 50.59(d)(3) which requires FOR FURTHER INFORMATION CONTACT: certain records be maintained until III. Finding of No Significant Impact Theodore B. Smith, Decommissioning ‘‘Termination of a license issued Directorate, Division of Waste Based on this review, the NRC staff pursuant to’’ Part 50. has concluded that there are no Management and Environmental Instead, CY proposes the following: 1) Protection, Office of Nuclear Material significant impacts on the quality of the for Structures, Systems, and human environment. Accordingly, the Safety and Safeguards, U.S. Nuclear Components (SSCs) associated with safe Regulatory Commission, Washington, staff had determined that preparation of power generation, eliminate records an Environmental Impact Statement is DC 20555–0001. Telephone: (301) 415– when the nuclear power unit and 6721; fax number: (301) 415–5398; e- not warranted, and a Finding of No associated systems no longer exist, or 2) Significant Impact is appropriate. mail: [email protected]. for SSCs associated with safe storage of SUPPLEMENTARY INFORMATION: The U.S. fuel in the spent fuel pool, eliminate IV. Further Information Nuclear Regulatory Commission (NRC) records when spent nuclear fuel has For further details with respect to the is considering granting a partial been completely transferred from the proposed action, see the licensee’s letter exemption from the Recordkeeping spent fuel pool and the spent fuel pool dated February 16, 2005 (Agencywide requirements of Title 10 of the Code of building is ready for demolition. Documents Access and Management Federal Regulations (10 CFR) Part 50, System (ADAMS) Accession No. Need for Proposed Action Appendix A Criterion 1, 10 CFR Part 50, ML050550025). Publically available Appendix B Section XVII, and 10 CFR The requested exemption and records will be accessible electronically 50.59(d)(3), for the Haddam Neck application of the exemption will from the ADAMS Public Electronic Nuclear Plant (HNP), East Hampton, CT, eliminate the requirement to maintain Reading Room on the Internet at the as requested by Connecticut Yankee certain records, when they are no longer NRC Web site, http://www.nrc.gov/NRC/ Atomic Power Company (CY) on necessary due to the permanently reading-rm/adams.html. Persons who February 16, 2005. An environmental shutdown status of the facility, and will do not have access to ADAMS or who assessment was performed by the NRC thereby reduce the financial burden on encounter problems in accessing the staff in support of its review of the ratepayers associated with the storage of documents located in ADAMS, should exemption request. a large volume of hardcopy records. contact the NRC’s Public Document

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Room (PDR) Reference staff at 1–800– Week of October 3, 2005—Tentative promulgated under the Act. All 397–4209, 301–415–4737, or by e-mail There are no meetings scheduled for interested persons are referred to the to [email protected]. the Week of October 3, 2005. application(s) and/or declaration(s) for These documents may also be viewed complete statements of the proposed electronically on the public computers Week of October 10, 2005—Tentative transaction(s) summarized below. The located at the NRC’s PDR, O1 F21, One There are no meetings scheduled for application(s) and/or declaration(s) and White Flint, 11555 Rockville Pike, the Week of October 10, 2005. any amendment(s) is/are available for Rockville, MD 20852. The PDR *The schedule for Commission public inspection through the reproduction contractor will copy meetings is subject to change on short Commission’s Branch of Public documents for a fee. notice. To verify the status of meetings Reference. call (recording)—(301) 415–1292. Interested persons wishing to Dated at Rockville, Maryland, this 16th day comment or request a hearing on the of August, 2005. Contact person for more information: Michelle Schroll, (301) 415–1662. application(s) and/or declaration(s) For the Nuclear Regulatory Commission. should submit their views in writing by * * * * * Daniel M. Gillen, September 26, 2005, to the Secretary, The NRC Commission Meeting Deputy Director, Decommissioning Securities and Exchange Commission, Schedule can be found on the Internet Directorate, Division of Waste Management 100 F Street, NE., Washington, DC at: http://www.nrc.gov/what-we-do/ and Environmental Protection, Office of 20549–9303, and serve a copy on the Nuclear Material Safety and Safeguards. policy-making/schedule.html. relevant applicant(s) and/or declarant(s) [FR Doc. E5–4852 Filed 9–6–05; 8:45 am] * * * * * at the address(es) specified below. Proof BILLING CODE 7590–01–P The NRC provides reasonable of service (by affidavit or, in the case of accommodation to individuals with an attorney at law, by certificate) should disabilities where appropriate. If you be filed with the request. Any request NUCLEAR REGULATORY need a reasonable accommodation to for hearing should identify specifically COMMISSION participate in these public meetings, or the issues of facts or law that are need this meeting notice or the Sunshine Act Meeting disputed. A person who so requests will transcript or other information from the be notified of any hearing, if ordered, public meetings in another format (e.g. and will receive a copy of any notice or AGENCY HOLDING THE MEETINGS: Nuclear braille, large print), please notify the Regulatory Commission. order issued in the matter. After NRC’s Disability Program Coordinator, September 26, 2005, the application(s) DATE: Weeks of September 5, 12,19, 26, August Spector, at 301–415–7080, TDD: and/or declaration(s), as filed or as October 3, 10, 2005. 301–415–2100, or by e-mail at amended, may be granted and/or PLACE: Commissioners’ Conference [email protected], Determinations on permitted to become effective. Room, 11555 Rockville Pike, Rockville, requests for reasonable accommodation Maryland. will be made on a case-by-case basis. American Electric Power Company, * * * * * Inc., et al. (70–10313) STATUS: Public and Closed. This notice is distributed by mail to American Electric Power Company, MATTERS TO BE CONSIDERED: several hundred subscribers; if you no Inc. (‘‘AEP’’), a registered holding Week of September 5, 2005 longer wish to receive it, or would like company, and its wholly owned indirect to be added to the distribution, please nonutility subsidiary AEP Credit, Inc. Wednesday, September 7, 2005 contact the Office of the Secretary, (‘‘AEP Credit’’), both at 1 Riverside 9 a.m. Discussion of Security Issues Washington, DC 20555 (301–415–1969). Plaza, Columbus, Ohio 43215, have filed (Closed—Ex. 1). In addition, distribution of this meeting an application with the Commission 1:30 p.m. Discussion of Security Issues notice over the Internet system is under sections 9(a) and 10 of the Act (Closed—Ex. 3 & 9). available. If you are interested in and rule 54 under the Act. receiving this Commission meeting Thursday, September 8, 2005 schedule electronically, please send an I. Background electronic message to [email protected]. By order dated June 14, 2000 (Holding 9:25 a.m. Affirmation Session (Public Company Act Release No. 27186), the Dated: September 1, 2005. Meeting) (Tentative). Commission authorized AEP to acquire a. Private Fuel Storage Independent Dave Gamberoni, all of the issued and outstanding Spent Fuel Storage Installation) Office of the Secretary. common stock of Central and South Docket No. 72–22–ISFSI; Review of [FR Doc. 05–17776 Filed 9–2–05; 10:04 am] West Corporation (‘‘CSW’’), a registered Utah Contention K (Aircraft Crash BILLING CODE 7590–01–M holding company, and all of its Hazards) Rulings (Tentative). subsidiaries, including CSW Credit, Inc. 9:30 a.m. Discussion of Security Issues (‘‘CSW Credit’’). On August 21, 2000, (Closed—Ex. 1). SECURITIES AND EXCHANGE CSW Credit was renamed AEP Credit, Week of September 12, 2005—Tentative COMMISSION and continued to operate under various [Release No. 35–28024] grants of authority, some of which are There are no meetings scheduled for described below. the Week of September 12, 2005. Filings Under the Public Utility Holding A. Prior Orders Week of September 19, 2005—Tentative Company Act of 1935, as Amended (‘‘Act’’) By order dated July 19, 1985 (Holding There are no meetings scheduled for Company Act Release No. 23767, the Week of September 19, 2005. August 31, 2005. ‘‘Original Order’’), the Commission Notice is hereby given that the authorized AEP Utilities, Inc. (‘‘AEP Week of September 26, 2005—Tentative following filing(s) has/have been made Utilities’’), formerly known as Central There are no meetings scheduled for with the Commission pursuant to and South West Corporation, to organize the Week of September 26, 2005. provisions of the Act and rules a special-purpose entity, CSW Credit, to

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factor the accounts receivable of AEP’s AEP Credit then sells the accounts isolate the receivables from the creditors public-utility company subsidiaries. receivable to third party financial of the Operating Companies. The Commission also authorized CSW institutions. Applicants state that Applicants state that the factoring Credit to issue debt securities to finance transactions between AEP Credit and program allows the Operating its accounts receivable purchases and the Operating Companies comply with Companies to reduce their working AEP Utilities to make equity the ‘‘at cost’’ rules under the Act and, capital needs by accelerating the receipt investments in CSW Credit. See Original consequently, there is no cross- of cash from the collection of customer Order. subsidization. accounts receivable thereby reducing By order dated July 31, 1986, (Holding AEP Credit has entered into agency the dependence of the Operating Company Act Release No. 24157, ‘‘1986 agreements with each of the Operating Companies upon more costly sources of Order’’), the Commission authorized, Companies. Those agreements provide working capital. Credit, as a special- among other things, CSW Credit to that the Operating Companies act as a purpose financing entity, can borrow expand the scope of the activities to collection agent for the receipt of money more cheaply than the Operating include the factoring receivables of non- customer payments and collection and Companies can individually. Through associate utilities. As a condition of the remit these payments to AEP Credit. the use of Credit, the Operating 1986 Order, CSW Credit was required to The amount of the receivables bought by Companies are able to consolidate their limit its acquisition of utility receivables AEP Credit varies from month to month, accounts receivable into a larger pool from non-associate utilities (‘‘Non- based on the electric usage by the and eliminate duplicate administrative Associate Limit’’). Later, as a condition Operating Company’s customers. costs in administering the program. of granting CSW Credit temporary relief These sales are on a non-recourse from the Non-Associate Limit, the basis to the Operating Companies. The II. Requested Authority Commission imposed upon the Operating Companies are not required Applicants request (1) authority for company a quarterly reporting to sell their accounts receivable to AEP AEP to retain AEP Credit, whose requirement (‘‘Rule 24 Reporting Credit for any specified period of time; business consists solely of factoring the Requirement’’). See Holding Co. Act an Operating Company may terminate accounts receivable of associate public- Release No. 26684 (March 11, 1997). its relationship with AEP Credit on 30 utility companies; (2) request that the The Commission required that CSW days notice. Commission eliminate the Rule 24 AEP Credit funds its purchases of the Credit maintain the percentage of its Reporting Requirement; and (3) that the receivables using funds it obtains under debt to equity at not less than 5% debt Commission eliminate the Debt-Equity a receivables purchase agreement and 95% equity (‘‘Debt-Equity Requirement. (‘‘RPA’’). Under the RPA, AEP Credit Requirement’’). See Holding Company For the Commission by the Division of Act Release No. 25138 (August 30, sells a certain undivided ownership interest in the accounts receivable on a Investment Management, pursuant to 1990). delegated authority. Most recently, the Commission revolving basis to a group of financial institutions, mentioned above. The RPA Jonathan G. Katz, authorized AEP Credit to continue to Secretary. factor the accounts receivable of also provides that American Electric [FR Doc. E5–4850 Filed 9–6–05; 8:45 am] associate and non-associate utility Power Service Corporation (‘‘AEP companies, subject to certain Service’’), a service company subsidiary BILLING CODE 8010–01–P conditions, through September 30, 2005. of AEP, administers the collections received by AEP Credit and reports B. AEP Credit’s Current Operations information regarding the receivables SECURITIES AND EXCHANGE COMMISSION AEP Credit has entered into and collections to the agent of the agreements to purchase accounts financial institutions. AEP Service is receivable from the following public- reimbursed for all costs and expenses it [Release No. 34–52360; File No. SR–Amex– utility company subsidiaries of AEP: incurs in connection with the services it 2004–76] provides under the agreement. Appalachian Power Company, Self-Regulatory Organizations; Columbus Southern Power Company, In addition to the funds obtained under the RPA, AEP Credit obtains American Stock Exchange LLC; Notice Indiana Michigan Power Company, of Filing of Proposed Rule Change and Kentucky Power Company, Kingsport funds to purchase receivables through equity contributions by AEP and a Amendment Nos. 1 and 2 Relating to Power Company, Ohio Power Company, Contingency Trading Procedures Public Service Company of Oklahoma, subordinated revolving loan by AEP. Southwestern Electric Company, and Sales of the accounts receivable by the Operating Companies qualify for August 30, 2005. Wheeling Power Company (collectively, Pursuant to Section 19(b)(1) of the ‘‘Operating Companies’’). AEP Credit no treatment as true sales of assets under Financial Accounting Standards Board Securities Exchange Act of 1934 longer purchases accounts receivable 1 2 Statement No. 140 (rather than as a loan (‘‘Act’’), and Rule 19b–4 thereunder, from non-associate public-utility notice is hereby given that on companies. secured by the receivables). AEP Credit is intended to be bankruptcy remote to September 10, 2004, the American Stock Purchases of accounts receivable are Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) at a discount, based on AEP Credit’s filed with the Securities and Exchange 1 borrowed through the subordinated loan from AEP. cost of funds and collection history. Credit’s actual cost of equity is the State authorized Commission (‘‘Commission’’) the return on common equity of each individual proposed rule change as described in 1 Currently, there are two components of the Operating Company. AEP Credit’s interest charges discount calculation: (1) A financing cost to the Operating Companies used in the Carrying Items I, II, and III below, which Items component; and (2) a bad debt component. The Charge have always been and are anticipated to be have been prepared by the Exchange. financing cost component (‘‘Carrying Charge’’) is less than the ‘‘prime rate of interest,’’ as that term On August 26, 2005, the Exchange based on AEP Credit’s actual weighted average cost is normally used. The bad debt component is based submitted Amendment No. 1 to the of funds. It includes the actual cost of amounts on AEP Credit’s actual bad debt charge-offs for the borrowed from the external markets (currently bank receivable pool. It is calculated as a rolling average conduits), a return on equity contribution from of the actual historical charge-off statistics for the 1 15 U.S.C. 78s(b)(1). Credit’s parent and actual costs of any amounts receivable pools of each Operating Company. 2 17 CFR 240.19b–4.

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proposal.3 On August 29, 2005, the effected only for hedging, reducing risk, A. Self-Regulatory Organization’s Exchange submitted Amendment No. 2 rebalancing or liquidating positions. Statement of the Purpose of, and the to the proposal.4 The Commission is (See Commentary .01 to Rules 958 and Statutory Basis for, the Proposed Rule publishing this notice to solicit 958–ANTE) Change comments on the proposed rule change, (e) A member may use a personal 1. Purpose as amended, from interested persons. cellular telephone to conduct business Proposed Amex Rule 119A sets forth I. Self-Regulatory Organization’s in the ATF subject to the following conditions: the Exchange’s contingency trading with Statement of the Terms of Substance of respect to the use of the Exchange’s the Proposed Rule Change (i) The member must maintain his or ‘‘Alternative Trading Facility’’ (‘‘ATF’’), The Exchange proposes to adopt her cellular telephone records, which is a remote facility established by Amex Rule 119A regarding contingency including logs of calls placed, for a the Exchange for trading securities trading procedures. period of not less than one year. The admitted to dealings in the event that The text of the proposed rule change, Exchange reserves the right to inspect the Exchange’s primary trading facility as amended, is set forth below. and/or examine such telephone records. at 86 Trinity Place is wholly or partially Proposed new language is in italics. (ii) If a Floor broker receives an unusable. * * * * * incoming call on a cellular telephone, Under proposed Amex Rule 119A(b) and the caller wishes to give the broker the provisions of the Constitution and Contingency Trading Procedures— an order for a security traded at the post Rules of the Exchange are applicable to Alternative Trading Facility where the broker is standing, the broker trading conducted on the ATF, except to Rule 119A. (a) Definitions: must step-out of the crowd prior to the extent that the provisions of Amex The term ‘‘Alternative Trading accepting the order. In contrast, if a Rule 119A govern, or unless the context Facility’’ (‘‘ATF’’) for purposes of this broker receives an incoming call on a otherwise requires. Paragraph (c) of Rule, shall mean the remote facility cellular telephone, and the caller wishes proposed Amex Rule 119A provides established by the Exchange for trading to give the broker an order for a security that the Exchange’s Executive Vice securities admitted to dealings in the traded at some other location on the President for Market Operations and event that the Exchange’s primary Floor, the broker does not have to leave Trading Floor Systems or his or her trading facility at 86 Trinity Place is the crowd where he or she is standing designee(s) shall have authority to wholly or partially unusable. in order to receive the order. A Floor designate the individuals who will be (b) Except to the extent that the broker also may initiate an outgoing call allowed to conduct a securities business provisions of Rule 119A govern, or on a cellular telephone and (1) accept on the ATF from among those members, unless the context otherwise requires, an order for a security traded at the post member organizations, and persons the provisions of the Constitution and where the broker is standing without associated with those members and Rules of the Exchange are applicable to leaving the trading crowd, or (2) accept member organizations who are entitled trading conducted on the ATF. an order for a security traded at some to trade and support trading at the (c) The Executive Vice President for other location on the Floor. Exchange’s facility at 86 Trinity Place. Market Operations and Trading Floor (iii) Except as provided in this Rule Not all persons who generally conduct Systems or his or her designee(s) shall 119A, all other requirements applicable business at the Exchange’s regular have authority to designate the to the use of an Exchange provided facility will be able to use the ATF due individuals who will be allowed to telephone by a member shall apply to to occupancy restrictions at the facility. conduct a securities business on the the use by a member of a personal One or more individuals from each ATF from among those members, cellular telephone. (See Rule 220) broker and specialist unit will be member organizations and persons allowed to conduct business on the (f) In the event that a Floor Official’s associated with members and member ATF. Registered Option Traders ruling is appealed to a three Senior organization who are entitled to trade (‘‘ROTs’’) will be allowed to conduct Floor Official panel and there is an and support trading at the Exchange’s business on the ATF to the extent that insufficient number of Senior Floor facility at 86 Trinity Place. One or more there is space in the ATF to Officials to serve on the Panel, qualified individuals from each broker and accommodate them based upon their Exchange Officials may serve on the specialist unit shall be allowed to volume of trading. Paragraph (d) to Panel without reference to their order of conduct business on the ATF. proposed Amex Rule 119A provides seniority. Registered Option Traders will be that if a ROT is not allowed to trade on allowed to conduct business on the ATF * * * * * the ATF, the ROT may initiate opening to the extent that there is space in the II. Self-Regulatory Organization’s trades for his or her market maker ATF to accommodate them based upon Statement of the Purpose of, and account from off the ATF without their volume of trading. Statutory Basis for, the Proposed Rule reference to in-person requirements or (d) If a Registered Option Trader is Change the requirement that off-floor orders be not allowed to trade on the ATF, the effected only for hedging, reducing risk, Registered Option Trader may initiate In its filing with the Commission, the rebalancing or liquidating positions. opening trades for his or her market Exchange included statements Although the Exchange has installed maker account from off the ATF without concerning the purpose of and basis for tethered telephones at the ATF, it has reference to in-person requirements or the proposed rule change and discussed not replicated its wireless telephone the requirement that off-floor orders be any comments it received on the system at this facility. As a result, the proposed rule change. The text of these Exchange is proposing to allow 3 In Amendment No. 1, the Exchange statements may be examined at the members to use personal cellular substantially revised the proposed rule text and places specified in Item IV below. The telephones to conduct business on the corresponding description of the proposal in its Exchange has prepared summaries, set ATF subject to the same conditions that Form 19b–4. Amendment No. 1 replaced Amex’s original filing in its entirety. forth in sections A, B, and C below, of were applicable to the use of personal 4 In Amendment No. 2, the Exchange made minor the most significant aspects of such cellular telephones on the Amex corrections to the rule text. statements. following September 11, 2001. The

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conditions applicable to the use of IV. Solicitation of Comments For the Commission, by the Division of personal cellular telephones on the ATF Market Regulation, pursuant to delegated are set forth in paragraph (e) to the Interested persons are invited to authority.8 proposed rule. Paragraph (f) provides submit written data, views, and Jonathan G. Katz, that Exchange Officials may substitute arguments concerning the foregoing, Secretary. for Senior Floor Officials without including whether the proposed rule [FR Doc. E5–4854 Filed 9–6–05; 8:45 am] reference to their seniority in the event change, as amended, is consistent with BILLING CODE 8010–01–P that a Floor Official’s ruling is appealed the Act. Comments may be submitted by to a three Senior Floor Official panel any of the following methods: and there is an insufficient number of SECURITIES AND EXCHANGE Electronic Comments available Senior Floor Officials to COMMISSION consider the appeal.5 • Use the Commission’s Internet [Docket No. 34–52345; File No. SR–PCX– 2. Statutory Basis comment form (http://www.sec.gov/ 2005–61] rules/sro.shtml); or The proposed rule change is Self-Regulatory Organizations; Pacific • Send an e-mail to rule- consistent with Section 6(b) of the Act 6 Exchange, Inc.; Order Approving [email protected]. Please include File in general and furthers the objectives of Proposed Rule Change, and Section 6(b)(5) 7 in particular in that it Number SR-Amex-2004–76 on the Amendment No. 1 Thereto Establishing is designed to foster cooperation and subject line. a De Minimis Exception to the 80/20 coordination with persons engaged in Paper Comments Test regulating, clearing, settling and processing information with respect to, • Send paper comments in triplicate August 26, 2005. and facilitating transactions in to Jonathan G. Katz, Secretary, I. Introduction securities. Securities and Exchange Commission, On April 26, 2005, the Pacific 100 F Street, NE., Washington, DC B. Self-Regulatory Organization’s Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’) 20549–9303. Statement on Burden on Competition filed with the Securities and Exchange All submissions should refer to File Commission (‘‘Commission’’), pursuant The proposed rule change will impose Number SR-Amex-2004–76. This file no burden on competition not necessary to section 19(b)(1) of the Securities number should be included on the 1 or appropriate in furtherance of the Exchange Act of 1954 (‘‘Act’’) and Rule subject line if e-mail is used. To help the 2 purposes of the Act. 19b–4 thereunder, a proposed rule Commission process and review your change seeking to modify the 80/20 Test C. Self-Regulatory Organization’s comments more efficiently, please use in determining limitations on Principal Statement on Comments on the only one method. The Commission will Order 3 access under the rules imposed Proposed Rule Change Received From post all comments on the Commission’s by the Plan for the Purpose of Creating Members, Participants or Others Internet Web site (http://www.sec.gov/ and Operating an Intermarket Option Linkage (‘‘Linkage Plan’’) 4 and related No written comments were solicited rules/sro.shtml). Copies of the rules. On July 29, 2005, the Exchange or received by the Exchange on this submission, all subsequent submitted Amendment No. 1 to the proposal. amendments, all written statements with respect to the proposed rule proposed rule change. The proposed III. Date of Effectiveness of the change that are filed with the rule change, as amended, was noticed Proposed Rule Change and Timing for Commission, and all written for comment in the Federal Register on 5 Commission Action communications relating to the July 27, 2005. The Commission received no comments on the proposed proposed rule change between the Within 35 days of the date of rule change. This order approves the Commission and any person, other than publication of this notice in the Federal proposed rule change, as amended. Register or within such longer period (i) those that may be withheld from the as the Commission may designate up to public in accordance with the 8 17 CFR 200.30–3(a)(12). 90 days of such date if it finds such provisions of 5 U.S.C. 552, will be 1 15 U.S.C. 78s(b)(1). longer period to be appropriate and available for inspection and copying in 2 17 CFR 240.19b–4. publishes its reasons for so finding or the Commission’s Public Reference 3 The Exchange defines a Principal Order as an (ii) as to which the self-regulatory Room. Copies of such filing also will be order for a principal account of an eligible Market organization consents, the Commission Maker that does not relate to a customer order the available for inspection and copying at Market Maker is holding. See PCX Rule will: the principal office of the Amex. All 6.92(a)(12)(ii). (A) By order approve such proposed comments received will be posted 4 On July 28, 2000, the Commission approved a rule change, or without change; the Commission does national market system plan for the purpose of creating and operating an intermarket options (B) Institute proceedings to determine not edit personal identifying market linkage (‘‘Linkage’’) proposed by the whether the proposed rule change information from submissions. You American Stock Exchange, LLC, Chicago Board should be disapproved. should submit only information that Options Exchange, Inc., and the International Stock Exchange, Inc. See Securities Exchange Act Release you wish to make available publicly. All No. 43086 (July 28, 2000), 65 FR 48023 (August 4, 5 The Exchange has a proposal pending with the submissions should refer to File 2000). Subsequently, the Philadelphia Stock Commission that would modify Amex Rule 22 to Number SR-Amex-2004–76 and should Exchange, Inc., the PCX and the Boston Stock establish a three-level review process in which Exchanges, Inc. joined the Linkage Plan. See Floor Official decisions, as needed, may be be submitted on or before September 28, Securities Exchange Act Release Nos. 43573 appealed to a three Senior Floor Official Panel. See 2005. (November 16, 2000), 65 FR 70851 (November 28, Securities Exchange Act Release No. 52325 (August 2000); 43574 (November 16, 2000), 65 FR 70850 23, 2005), 70 FR 51392 (August 30, 2005) (SR– (November 28, 2000); and 49198 (February 5, 2004), AMEX–2005–052). 69 FR 7029 (February 12, 2004). 6 15 U.S.C. 78f(b). 5 See Securities Exchange Act Release No. 52070 7 15 U.S.C. 78f(b)(5). (July 20, 2005), 70 FR 43490 (July 27, 2005).

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II. Description mechanism of a free and open market, SECURITIES AND EXCHANGE The purpose of this proposed rule and to protect investors and the public COMMISSION change, as amended, is to implement interest. The Commission believes that [Release No. 34–52344; File No. SR–Phlx– proposed Joint Amendment No. 17 to the proposed rule change will increase 2005–33] the Linkage Plan. Joint Amendment No. the availability of Linkage to members 17, together with this proposed rule of the Participants by limiting the Self-Regulatory Organizations; change, would modify the ‘‘80/20 Test’’ applicability of the 80/20 Test in Philadelphia Stock Exchange, Inc.; set forth in section 8(b)(iii) of the situations where market makers have Order Approving Proposed Rule Linkage Plan and PCX Rule 6.96. PCX minimal trading volume in a particular Change, and Amendments No. 1 and 2 Rule 6.96 stats that Market Makers options class. Thereto, Relating to Sending Principal should send Principal Orders through Orders Via the Intermarket Options The Commission recognizes that the Linkage on a limited basis and not as a Linkage Exchange does not believe that it is primary aspect of their business. The necessary to bar market makers with August 26, 2005. 80/20 Test implements this general principle by prohibiting a Market Maker limited volume from sending Principal I. Introduction Orders through the Linkage, as such from sending Principal Orders in an On May 6, 2005, the Philadelphia eligible option class if, in the last trading does not raise concerns that a member is sending such orders as ‘‘a Stock Exchange, Inc. (‘‘Phlx’’ or calendar quarter, the Market Maker’s ‘‘Exchange’’) filed with the Securities primary aspect of their business.’’ The Principal Order contract volume is and Exchange Commission Commission believes that the de disproportionate to the Market Maker’s (‘‘Commission’’), pursuant to Section contract volume executed against minimus exemption from the 80/20 Test 19(b)(1) of the Securities Exchange Act customer orders in its own market. proposed by the Exchange for market of 1934 (‘‘Act’’) 1 and Rule 19b–4 The Exchange believes that applying makers that have a total contract volume thereunder,2 a proposed rule change the 80/20 Test has resulted in anomalies of less than 1,000 contracts in an seeking to amend Phlx Rule 1087, for Market Makers with limited volume options class for a calendar quarter Limitation on Principal Order 3 Access, in an eligible option class. Specifically, should ensure that members with relating to the Plan for the Purpose of if a Market Maker has very little overall relatively low volume in a particular Creating and Operating an Intermarket trading volume in an option, the options class can send a reasonable Option Linkage (‘‘Linkage Plan’’) 4 and execution of one or two Principal number of Principal Orders without related rules. On May 11, 2005, the Phlx Orders during a calendar quarter could being barred from using the Linkage by submitted Amendment No. 1 to the result in the Market Maker failing to application of the 80/20 Test in the proposed rule change. On July 8, 2005, meet the Test. This would bar the following calendar quarter. the Exchange submitted Amendment Market Maker from using the Linkage to No. 2. The proposed rule change, as send Principal Orders in that option IV. Conclusion amended, was noticed for comment in class for the following calendar quarter. 5 For the foregoing reasons, the the Federal Register on July 27, 2005. The Exchange contends that it was not The Commission received no comments its intention to bar Market Makers with Commission finds that the proposed rule change is consistent with the on the proposed rule change. This order limited volume from sending Principal approves the proposed rule change, as requirements of the Act and the rules Order through the Linkage in these amended. circumstances since such trading was and regulations thereunder. not ‘‘a primary aspect of their business.’’ It is therefore ordered, pursuant to II. Description Thus, the proposed rule would create a section 19(b)(2) of the Act,8 that the The purpose of this proposed rule de minimis exemption from the 80/20 proposed rule change (SR–PCX–2005– change, as amended, is to implement Test for Market Makers that have total 61), as amended, is approved. proposed Joint Amendment No. 17 to contract volume of less than 1,000 the Linkage Plan. Joint Amendment No. For the Commission by the Division of contracts in an option class for a 17, together with this proposed rule Market Regulation, pursuant to delegated calendar quarter. change, would establish a de minimis authority.9 exception to the ‘‘80/20 Test’’ set forth III. Discussion Jonathan G. Katz, After careful review, the Commission Secretary. 1 15 U.S.C. 78s(b)(1). finds that the proposed rule change is [FR Doc. 05–17707 Filed 9–6–05; 8:45 am] 2 17 CFR 240.19b–4. consistent with the requirements of the 3 A ‘‘Principal Order’’ is an order for the principal BILLING CODE 8010–01–M Act and the rules and regulations account of an eligible market maker that does not thereunder applicable to a national relate to a customer order the market maker is holding. See Section 2(16)(b) of the Linkage Plan. 6 securities exchange. In particular, the 4 On July 28, 2000, the Commission approved a Commission finds that the proposed national market system plan for the purpose of rule change is consistent with the creating and operating an intermarket options requirements of section 6(b)(5) of the market linkage (‘‘Linkage’’) proposed by the 7 American Stock Exchange, LLC, Chicago Board Act which requires, among other Options Exchange, Inc., and the International Stock things, that the rules of an exchange be Exchange, Inc. See Securities Exchange Act Release designed to promote just and equitable No. 43086 (July 28, 2000), 65 FR 48023 (August 4, principles of trade, to remove 2000). Subsequently, the Phlx, the Pacific Exchange, Inc. and the Boston Stock Exchange, Inc. impediments to and perfect the joined the Linkage Plan. See Securities Exchange Act Release Nos. 43573 (November 16, 2000), 65 FR 6 In approving this proposed rule change, the 70851 (November 28, 2000); 43574 (November 16, Commission has considered the proposed rule’s 2000), 65 FR 70850 (November 28, 2000); and 49198 impact on efficiency, completion, and capital (February 5, 2004), 69 FR 7029 (February 12, 2004). formation. 15 U.S.C. 78c(f). 8 15 U.S.C. 78s(b)(2). 5 See Securities Exchange Act Release No. 52072 7 15 U.S.C. 78f(b)(5). 9 17 CFR 200.3(a)(12). (July 20, 2005), 70 FR 43495 (July 27, 2005).

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in Section 8(b)(iii) of the Linkage Plan the availability of Linkage to members EIDL Loan Application Deadline Date: and Phlx Rule 1087. of the Participants by limiting the 05/29/2006. Section 8(b)(iii) of the Linkage Plan applicability of the 80/20 Test in ADDRESSES: Submit completed loan provides that Eligible Market Makers situations where market makers have applications to: U.S. Small Business should send Principal Orders through minimal trading volume in a particular Administration, Disaster Area Office 3, the Linkage on a limited basis and not options class. 14925 Kingsport Road, Fort Worth, TX as a primary aspect of their business. The Commission recognizes that the 76155. The 80/20 Test implements this policy Exchange does not believe that it is FOR FURTHER INFORMATION CONTACT: A. necessary to bar market makers with in the Linkage Plan and Phlx Rule 1087 Escobar, Office of Disaster Assistance, by prohibiting a specialist or registered limited volume from sending Principal U.S. Small Business Administration, options trader (‘‘ROT’’) from sending Orders through the Linkage, as such 409 3rd Street, Suite 6050, Washington, Principal Orders in an eligible option trading does not raise concerns that a DC 20416. class if, in the last calendar quarter, the member is sending such orders as ‘‘a specialist or ROT’s Principal Order primary aspect of their business.’’ The SUPPLEMENTARY INFORMATION: Notice is contract volume is disproportionate to Commission believes that the de hereby given that as a result of the the specialist or ROT’s contract volume minimis exemption from the 80/20 Test President’s major disaster declaration on executed against customer orders in its proposed by the Exchange for market 08/29/2005, applications for disaster own market. makers that have a total contract volume loans may be filed at the address listed The Exchange believes that applying of less than 1,000 contracts in an above or other locally announced the 80/20 Test has resulted in anomalies options class for a calendar quarter locations. for ROTs with limited volume in an should ensure that specialists and ROTs The following areas have been eligible option class. In particular, if a with relatively low volume in a determined to be adversely affected by ROT has very little overall trading particular options class can send a the disaster: volume in an option, the execution of reasonable number of Principal Orders Primary Counties: one or two Principal Orders during a without being barred from using the Baldwin, Mobile, Washington. calendar quarter could result in the ROT Linkage by application of the 80/20 Test Contiguous Counties: failing to meet the 80/20 Test. This in the following calendar quarter. Alabama: Choctaw, Clarke, Escambia, would then prohibit the ROT from using Monroe. the Linkage to send Principal Orders in IV. Conclusion Florida: Escambia. that options class for the following For the foregoing reasons, the Mississippi: George, Greene, Jackson calendar quarter. The Exchange believes Commission finds that the proposed Wayne. that it is not the intent of the Linkage rule change is consistent with the The Interest Rates are: Plan and Exchange rules to prohibit requirements of the Act and the rules ROTs with limited volume from sending and regulations thereunder. Percent Principal Orders through the Linkage in It is therefore ordered, pursuant to 8 Homeowners With Credit Avail- these circumstances since such trading Section 19(b)(2) of the Act, that the able Elsewhere ...... 5.375 clearly is not ‘‘a primary aspect of their proposed rule change (SR-Phlx-2005– Homeowners Without Credit business.’’ Accordingly, the proposed 33), as amended, is approved. Available Elsewhere ...... 2.687 rule change seeks to establish a de For the Commission by the Division of Businesses With Credit Available minimis exception from the 80/20 Test Market Regulation, pursuant to delegated Elsewhere ...... 6.557 in Phlx Rule 1087 for specialists and authority.9 Businesses & Small Agricultural ROTs that have total contract volume of Jonathan G. Katz, Cooperatives Without Credit less than 1,000 contracts in an option Available Elsewhere ...... 4.000 Secretary. Other (Including Non-Profit Orga- class for a calendar quarter. [FR Doc. E5–4855 Filed 9–6–05; 8:45 am] nizations) With Credit Available III. Discussion BILLING CODE 8010–01–P Elsewhere ...... 4.750 Businesses And Non-Profit Orga- After careful review, the Commission nizations Without Credit Avail- finds that the proposed rule change is able Elsewhere ...... 4.000 consistent with the requirements of the SMALL BUSINESS ADMINISTRATION Act and the rules and regulations [Disaster Declaration #10180 and #10181] thereunder applicable to a national The number assigned to this disaster for physical damage is 101808 and for economic 6 Alabama Disaster #AL–00003 securities exchange. In particular, the injury is 101810 Commission finds that the proposed AGENCY: Small Business Administration. (Catalog of Federal Domestic Assistance rule change is consistent with the ACTION: Numbers 59002 and 59008) requirements of Section 6(b)(5) of the Notice. Herbert L. Mitchell, Act 7 which requires, among other SUMMARY: This is a Notice of the things, that the rules of an exchange be Associate Administrator for Disaster Presidential declaration of a major Assistance. designed to promote just and equitable disaster for the State of Alabama [FR Doc. 05–17689 Filed 9–6–05; 8:45 am] principles of trade, to remove (FEMA–1605–DR), dated 08/29/2005. impediments to and perfect the Incident: Hurricane Katrina. BILLING CODE 8025–01–P mechanism of a free and open market, Incident Period: 08/29/2005 and and to protect investors and the public continuing. interest. The Commission believes that SMALL BUSINESS ADMINISTRATION DATES: Effective Date: the proposed rule change will increase 08/29/2005. [Disaster Declaration #10176 and #10177] Physical Loan Application Deadline 6 In approving this proposed rule change, the Louisiana Disaster #LA–00002 Commission has considered the proposed rule’s Date: 10/28/2005. impact on efficiency, competition, and capital AGENCY: Small Business Administration. 8 formation. 15 U.S.C. 78c(f). 15 U.S.C. 78s(b)(2). ACTION: Notice. 7 15 U.S.C. 78f(b)(5). 9 17 CFR 200.30–3(a)(12).

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SUMMARY: This is a Notice of the Percent Louisiana: Concordia, East Feliciana, Presidential declaration of a major St. Helena, St. Tammany, disaster for the State of Louisiana Businesses And Non-Profit Orga- Tangipahoa, Washington, West (FEMA–1603–DR), dated 08/29/2005. nizations Without Credit Avail- Feliciana. Incident: Hurricane Katrina. able Elsewhere ...... 4.000 The Interest Rates are: Incident Period: 08/29/2005 and continuing. The number assigned to this disaster for Percent physical damage is 101768 and for economic DATES: Effective Date: 08/29/2005. injury is 101770. Homeowners With Credit Avail- Physical Loan Application Deadline able Elsewhere ...... 5.375 Date: 10/28/2005. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Homeowners Without Credit EIDL Loan Application Deadline Date: Available Elsewhere ...... 2.687 05/29/2006. Herbert L. Mitchell, Businesses With Credit Available Associate Administrator for Disaster ADDRESSES: Submit completed loan Elsewhere ...... 6.557 Assistance. applications to: Small Business Businesses & Small Agricultural Cooperatives Without Credit Administration, Disaster Area Office 3, [FR Doc. 05–17686 Filed 9–6–05; 8:45 am] BILLING CODE 8025–01–P Available Elsewhere ...... 4.000 14925 Kingsport Road, Fort Worth, TX Other (Including Non-Profit Orga- 76155. nizations) With Credit Available FOR FURTHER INFORMATION CONTACT: A. SMALL BUSINESS ADMINISTRATION Elsewhere ...... 4.750 Escobar, Office of Disaster Assistance, Businesses and Non-Profit Orga- U.S. Small Business Administration, [Disaster Declaration #10178 and #10179] nizations Without Credit Avail- 409 3rd Street, Suite 6050, Washington, able Elsewhere ...... 4.000 Mississippi Disaster #MS–00005 DC 20416. SUPPLEMENTARY INFORMATION: Notice is AGENCY: Small Business Administration. The number assigned to this disaster for physical damage is 101788 and for economic hereby given that as a result of the ACTION: Notice. injury is 101790. President’s major disaster declaration on 08/29/2005, applications for disaster SUMMARY: This is a Notice of the (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) loans may be filed at the address listed Presidential declaration of a major above or other locally announced disaster for the State of Mississippi Herbert L. Mitchell, locations. (FEMA–1604–DR), dated 08/29/2005. Associate Administrator for Disaster The following areas have been Incident: Hurricane Katrina. Assistance. determined to be adversely affected by Incident Period: 08/29/2005 and [FR Doc. 05–17685 Filed 9–6–05; 8:45 am] the disaster: continuing. BILLING CODE 8025–01–P Primary Parishes: DATES: Effective Date: 08/29/2005. Acadia, Ascension, Assumption, Physical Loan Application Deadline SMALL BUSINESS ADMINISTRATION Calcasieu, Cameron, East Baton Date: 10/28/2005. Rouge, East Feliciana, Iberia, EIDL Loan Application Deadline Date: [Disaster Declaration #10169 and #10170] Iberville, Jefferson, Jefferson Davis, 05/29/2006. Lafayette, Lafourche, Livingston, ADDRESSES: Submit completed loan Texas Disaster #TX–00062 Orleans, Plaquemines, Pointe applications to: U.S. Small Business AGENCY: Small Business Administration. Coupee, St. Bernard, St. Charles, St. Administration, Disaster Area Office 3, Helena, St. James, St. John The 14925 Kingsport Road Fort, Worth, TX ACTION: Notice. Baptist, St. Martin, St. Mary, St. 76155. Tammany, Tangipahoa, Terrebonne, SUMMARY: This is a notice of an FOR FURTHER INFORMATION CONTACT: A. Vermilion, Washington, West Baton Administrative declaration of a disaster Escobar, Office of Disaster Assistance, for the State of Texas dated 08/29/2005. Rouge, West Feliciana. U.S. Small Business Administration, Contiguous Parishes/Counties: Incident: Severe Storms and Flooding. 409 3rd Street, Suite 6050, Washington, Louisiana: Allen, Avoyelles, Incident Period: 08/09/2005 through DC 20416. Beauregard, Concordia, Evangeline, 08/15/2005. St. Landry. SUPPLEMENTARY INFORMATION: Notice is DATES: Effective Date: 08/29/2005. Mississippi: Amite, Hancock, Marion, hereby given that as a result of the Physical Loan Application Deadline Pearl River, Pike, Walthall, President’s major disaster declaration on Date: 10/28/2005. Wilkinson. 08/29/2005, applications for disaster EIDL Loan Application Deadline Date: Texas: Jefferson, Newton, Orange. loans may be filed at the address listed 05/29/2006. above or other locally announced The Interest Rates are: ADDRESSES: Submit completed loan locations. applications to: U.S. Small Business The following areas have been Percent Administration, Disaster Area Office 3, determined to be adversely affected by 14925 Kingsport Road, Fort Worth, TX Homeowners With Credit Avail- the disaster: 76155. able Elsewhere ...... 5.375 Primary Counties: Homeowners Without Credit Amite, Forrest, George Greene, FOR FURTHER INFORMATION CONTACT: A. Available Elsewhere ...... 2.687 Hancock, Harrison, Jackson, Lamar, Escobar, Office of Disaster Assistance, Businesses With Credit Available Marion, Pearl River, Perry, Pike, U.S. Small Business Administration, Elsewhere ...... 6.557 Stone, Walthall, Wilkinson. 409 3rd Street, Suite 6050, Washington, Businesses & Small Agricultural DC 20416. Cooperatives Without Credit Contiguous Counties: Available Elsewhere ...... 4.000 Mississippi: Adams, Covington, SUPPLEMENTARY INFORMATION: Notice is Other (Including Non-Profit Orga- Franklin, Jefferson Davis, Jones, hereby given that as a result of the nizations) With Credit Available Lawrence, Lincoln, Wayne. Administrator’s disaster declaration Elsewhere ...... 4.750 Alabama: Mobile, Washington. applications for disaster loans may be

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filed at the address listed above or other to minimize burden on respondents, The participants will access SSA’s locally announced locations. including the use of automated system using knowledge-based The following areas have been collection techniques or other forms of authentication (providing name, SSN determined to be adversely affected by information technology. Written and date of birth). Participants will the disaster: comments and recommendations either speak their report (voice Primary Counties: regarding the information collection(s) recognition technology) or key in the Haskell. should be submitted to the OMB Desk information using the telephone key Contiguous Counties: Officer and the SSA Reports Clearance pad. SSA will issue receipts to disabled Texas: Baylor, Jones, King, Knox, Officer. The information can be mailed recipients who report wages using this Shackelford, Stonewall, and/or faxed to the individuals at the method. Respondents to this collection Throckmorton. addresses and fax numbers listed below: are SSI recipients, deemors and The Interest Rates are: (OMB), Office of Management and representative payees of recipients who Budget, Attn: Desk Officer for SSA, New agree to participate in the pilot. Percent Executive Building, Room 10235, 725 Type of Request: New information 17th St., NW., Washington, DC 20503, Homeowners With Credit Avail- collection. able Elsewhere ...... 5.375 Fax: 202–395–6974. Number of Respondents: 600. Homeowners Without Credit (SSA), Social Security Frequency of Response: 6. Available Elsewhere ...... 2.687 Administration, DCFAM, Attn: Reports Average Burden Per Response: 5 Businesses With Credit Available Clearance Officer, 1333 Annex Building, minutes. Elsewhere ...... 6.557 6401 Security Blvd., Baltimore, MD Estimated Annual Burden: 300 hours. Businesses & Small Agricultural 21235, Fax: 410–965–6400. Dated: August 31, 2005. Cooperatives Without Credit The information collection listed Elizabeth A. Davidson, Available Elsewhere ...... 4.000 below is pending at SSA and will be Other (Including Non-Profit Orga- Reports Clearance Officer, Social Security submitted to OMB within 60 days from Administration. nizations) With Credit Available the date of this notice. Therefore, your [FR Doc. 05–17726 Filed 9–6–05; 8:45 am] Elsewhere ...... 4.750 comments should be submitted to SSA Businesses And Non-Profit Orga- BILLING CODE 4191–02–P nizations Without Credit Avail- within 60 days from the date of this able Elsewhere ...... 4.000 publication. You can obtain a copy of the collection instrument by calling the DEPARTMENT OF STATE The number assigned to this disaster SSA Reports Clearance Officer at 410– for physical damage is 10169 B and for 965–0454 or by writing to the address [Public Notice 5183] economic injury is 10170 0. listed above. The State which received an EIDL SSI Monthly Wage Reporting Phase 2 Culturally Significant Objects Imported Declaration # is Texas. Pilot—20 CFR 416.701–732—0960– for Exhibition Determinations: NEW. Supplemental Security Income ‘‘Memling’s Portraits’’ (Catalog of Federal Domestic Assistance (SSI) recipients are required to report Numbers 59002 and 59008) changes in their income, resources and SUMMARY: Notice is hereby given of the Dated: August 29, 2005. living arrangements that may affect following determinations: Pursuant to the authority vested in me by the Act of Hector V. Barreto, eligibility or payment amount. Currently, SSI recipients report changes October 19, 1965 (79 Stat. 985; 22 U.S.C. Administrator. 2459), Executive Order 12047 of March [FR Doc. 05–17687 Filed 9–6–05; 8:45 am] on Form SSA–8150, Reporting Events— SSI, or to an SSA teleservice 27, 1978, the Foreign Affairs Reform and BILLING CODE 8025–01–P representative through SSA’s toll-free Restructuring Act of 1998 (112 Stat. telephone number, or they visit their 2681, et seq.; 22 U.S.C. 6501 note, et local Social Security office. seq.), Delegation of Authority No. 234 of SOCIAL SECURITY ADMINISTRATION The SSI wage reporting program area October 1, 1999, and Delegation of has the highest error rate largely due to Authority No. 236 of October 19, 1999, Agency Information Collection as amended, and Delegation of Activities: Proposed Request non-reporting, which accounts for approximately $500 million in Authority No. 257 of April 15, 2003 [68 The Social Security Administration overpayments each year. Consequently FR 19875], I hereby determine that the (SSA) publishes a list of information SSA is evaluating methods for objects to be included in the exhibition collection packages that will require increasing reporting. SSA will conduct ‘‘Memling’s Portraits,’’ imported from clearance by the Office of Management a pilot to test an additional method for abroad for temporary exhibition within and Budget (OMB) in compliance with individuals to report wages for the SSI the United States, are of cultural Pub. L. 104–13, the Paperwork program. We are testing to determine if, significance. The objects are imported Reduction Act of 1995, effective October given an easily accessible automated pursuant to a loan agreement with the 1, 1995. The information collection format, individuals will increase foreign lenders. I also determine that the packages that may be included in this compliance with reporting exhibition or display of the exhibit notice are for new information responsibilities. Increased timely objects at The Frick Collection, New collections, approval of existing reporting could result in a decrease in York, NY from on or about October 12, information collections, revisions to improper payments. SSA will also be 2005 to on or about December 31, 2005, OMB-approved information collections, testing the use of knowledge-based and at possible additional venues yet to and extensions (no change) of OMB- authentication to determine if this is an be determined, is in the national approved information collections. effective method of accessing SSA’s interest. Public Notice of these SSA is soliciting comments on the system. determinations is ordered to be accuracy of the agency’s burden During the pilot, participants who published in the Federal Register. estimate; the need for the information; need to report a change in earned FOR FURTHER INFORMATION CONTACT: For its practical utility; ways to enhance its income will call an SSA toll-free further information, including a list of quality, utility, and clarity; and on ways telephone number to report the change. the exhibit objects, contact Carol B.

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Epstein, Attorney-Adviser, Office of the services. Notice of debarment was all mobile satellite service providers, Legal Adviser, Department of State, published in the Federal Register (65 specifically in the context of provision (telephone: (202) 453–8048). The FR 13072, March 10, 2000). of capacity for the Global Maritime address is Department of State, SA–44, Section 38(g)(4) of the AECA and Distress and Safety System. 301 4th Street, SW., Room 700, § 127.11 of the ITAR permit termination Additionally, discussion has emerged Washington, DC 20547–0001. of debarment after consultation with the about possible roles the IMSO may play Dated: August 31, 2005. other appropriate U.S. agencies and in the creation of a new vessel ‘‘Long C. Miller Crouch, after a thorough review of the Range Identification and Tracking’’ circumstances surrounding the Principal Deputy Assistant Secretary for (LRIT) system being developed to Educational and Cultural Affairs, Department conviction and a finding that enhance maritime security, and of State. appropriate steps have been taken to suggestions that ‘‘the organization may [FR Doc. 05–17805 Filed 9–6–05; 8:45 am] mitigate any law enforcement concerns. assume any other functions or duties’’ Orbit/FR has taken steps to address law BILLING CODE 4710–08–P upon request and approval. Prior to the enforcement concerns, including Assembly meeting, the IMSO Advisory entering a Consent Agreement with the Committee will meet October 4–5, 2005, DEPARTMENT OF STATE Department of State whereby Orbit/FR will pay civil penalties in cash and and the International Maritime [Public Notice 5182] remedial compliance measures. The Organization’s Maritime Safety Department of State has determined that Committee will have an intercessional Termination of Statutory Debarment Orbit/FR has taken appropriate steps to meeting to discuss LRIT October 17–19, and Reinstatement of Eligibility To address the causes of the violations and 2005. Both of these meetings may Apply for Export/Retransfer to mitigate any law enforcement impact proposals and decisions of the Authorizations Pursuant to Section concerns. Therefore, in accordance with IMSO Assembly and, accordingly, 38(g)(4) of the Arms Export Control Act Section 38(g)(4) of the AECA and public views and advice are being for Orbit/FR, Inc. § 127.11 of the ITAR, the debarment sought well in advance of the IMSO ACTION: Notice. against Orbit/FR is rescinded, effective Assembly. August 29, 2005. The effect of this Background documentation may be SUMMARY: Notice is hereby given that termination is that Orbit/FR and its found on the Department’s Web site: the Department of State has terminated affiliates may participate without http://www.state.gov/e/eb/cip/imso. The the statutory debarment against Orbit/ prejudice in the export of defense Department of State’s public meeting FR, Inc. pursuant to Section 38(g)(4) of articles and defense services subject to will take place on Thursday, September the Arms Export Control Act (AECA) (22 certain provisions of the AECA, the 15, 2005 from 2 p.m. to 5 p.m. at the U.S.C. 2778) and § 127.11 of the ITAR and the Consent Agreement. Department’s Harry S. Truman International Traffic in Arms Dated: August 29, 2005. Regulations (ITAR) (22 CFR Parts 120– headquarters building, 2201 C St. NW., Rose M. Likins, 130). Washington, DC. (Please note that due Acting Assistant Secretary of State for EFFECTIVE DATE: August 29, 2005. to security considerations, parking in Political-Military Affairs, Department of the vicinity of the building is extremely FOR FURTHER INFORMATION CONTACT: State. David C. Trimble, Director, Office of limited.) Members of the public are [FR Doc. 05–17746 Filed 9–6–05; 8:45 am] encouraged to participate and join in Defense Trade Controls Compliance, BILLING CODE 4710–25–P Directorate of Defense Trade Controls, discussions, subject to the discretion of Bureau of Political-Military Affairs, the moderator. Persons wishing to make Department of State (202) 663–2807. DEPARTMENT OF STATE formal presentations, should provide SUPPLEMENTARY INFORMATION: Section advance notice to the contacts below. [Public Notice 5164] 38(g)(4) of the AECA and Section 127.11 Time may be limited. Persons planning to attend this meeting should send the of the ITAR prohibit the issuance of Notice of Meeting; Meeting on Possible following data by fax to (202) 647–5957 export licenses or other approvals to a Mandate Expansion for the or e-mail to [email protected] not later person, or any party to the export, who International Mobile Satellite has been convicted of violating the Organization (IMSO) than 72 hours before the meeting: (1) AECA and certain other U.S. criminal Name of the meeting, (2) name of statutes enumerated at section The Department of State announces a participant, (3) organizational 38(g)(1)(A) of the AECA and § 120.27 of meeting to hear public views on issues affiliation, (4) date of birth, (5) the ITAR. A person convicted of related to the possible expansion of the citizenship, and (6) either Social violating the AECA is also subject to mandate of the International Mobile Security or Passport number. A valid statutory debarment under § 127.7 of the Satellite Organization (IMSO), to government issued photo ID must be ITAR. include new oversight and regulatory presented to gain entrance to the In March 2000, following entry of a responsibilities that may affect U.S. and Department of State. guilty plea in November 1999, Orbit/FR non-U.S. mobile satellite services was convicted of two counts of violating providers. The IMSO is convening an Dated: August 24, 2005. the AECA and the ITAR (U.S. District Extraordinary Assembly of Parties Richard Lamb, Court, Eastern District of Pennsylvania, December 13–18, 2005, for the member Foreign Affairs Officer, International Criminal Docket No. CR 99–560). Based governments to consider and act on Communications and Information Policy, on this conviction, Orbit/FR was proposals to amend the Department of State. statutorily debarred pursuant to Section intergovernmental IMSO Convention to [FR Doc. 05–17745 Filed 9–6–05; 8:45 am] 38(g)(4) of the AECA and § 127.7 of the expand the IMSO’s oversight authority. BILLING CODE 4710–07–P ITAR and, thus, prohibited from Presently, this authority applies participating directly or indirectly in exclusively to Inmarsat plc. Proposals exports of defense articles and defense have been made to extend oversight to

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OFFICE OF THE UNITED STATES tons) reserved for specialty sugars is Country FY 2006 TRADE REPRESENTATIVE allocation also not being allocated among supplying countries and is available on 2005–2006 Allocations of the Tariff- Brazil ...... 168,603 a first-come, first-served basis, subject to Rate Quotas for Raw Cane Sugar, Colombia ...... 27,907 any other provision of law. Refined Sugar, and Sugar-Containing Congo ...... 7,258 In 1995, the United States Trade Cote d’Ivoire ...... 7,258 Products Costa Rica ...... 17,442 Representative determined, pursuant to Dominican Republic ...... 204,649 15 CFR 2011.110(a), to suspend the AGENCY: Office of the United States certificate of quota eligibility (CQE) Trade Representative. Ecuador ...... 12,791 El Salvador ...... 30,232 requirements for sugar entering under ACTION: Notice. Fiji ...... 10,465 the tariff-rate quota for refined sugar. Gabon ...... 7,258 Based on the factors set out in 15 CFR SUMMARY: The Office of the United Guatemala ...... 55,813 2011.110(b), I have determined to States Trade Representative (USTR) is Guyana ...... 13,953 reinstate the CQE requirements for sugar providing notice of the country-by- Haiti ...... 7,258 entering under the tariff-rate quota for country allocations of the in-quota Honduras ...... 11,628 refined sugar that is the product of a India ...... 9,302 quantity of the tariff-rate quotas for country that has been allocated a share imported raw cane sugar, refined sugar, Jamaica ...... 12,791 Madagascar ...... 7,258 of the tariff-rate quota for refined sugar. and sugar-containing products for the Accordingly, pursuant to 15 CFR period that begins October 1, 2005 and Malawi ...... 11,628 Mauritius ...... 13,953 2011.110(b), effective October 1, 2005, ends September 30, 2006. Mexico ...... 7,258 the provisions of subpart A of part 2011 EFFECTIVE DATE: September 7, 2005. Mozambique ...... 15,116 of title 15 of the Code of Federal ADDRESSES: Inquiries may be mailed or Nicaragua ...... 24,418 Regulations are reinstated with respect delivered to Elizabeth Leier, Director of Panama ...... 33,721 to sugar entering under the tariff-rate Agricultural Trade Policy, Office of Papua New Guinea ...... 7,258 quota for refined sugar that is the Paraguay ...... 7,258 product of a country that has been Agricultural Affairs, Office of the United Peru ...... 47,674 States Trade Representative, 600 17th Philippines ...... 156,975 allocated a share of the tariff-rate quota Street, NW., Washington, DC 20508. South Africa ...... 26,744 for refined sugar. FOR FURTHER INFORMATION CONTACT: St. Kitts & Nevis ...... 7,258 With respect to the tariff-rate quota of Elizabeth Leier, Office of Agricultural Swaziland ...... 18,604 64,709 metric tons (71,329 short tons) Affairs, (202) 395–6127. Taiwan ...... 13,953 for certain sugar-containing products Thailand ...... 16,279 maintained pursuant to additional U.S. SUPPLEMENTARY INFORMATION: Pursuant Trinidad-Tobago ...... 8,139 Note 8 to chapter 17 of the HTS, 59,250 to Additional U.S. Note 5 to chapter 17 Uruguay ...... 7,258 metric tons (65,312 short tons) of sugar- of the Harmonized Tariff Schedule of Zimbabwe ...... 13,953 containing products is being allocated to the United States (HTS), the United Canada. The remaining in-quota States maintains tariff-rate quotas for These allocations are based on the quantity for this tariff-rate quota is imports of raw cane and refined sugar. countries’ historical shipments to the available to other countries on a first- Pursuant to additional U.S. Note 8 to United States. The allocations of the raw come, first-served basis. chapter 17 of the HTS, the United States cane sugar tariff-rate quota to countries Conversion factor: 1 metric ton = also maintains a tariff-rate quota for that are net importers of sugar are 1.10231125 short tons. certain sugar-containing products. conditioned on receipt of the Section 404(d)(3) of the Uruguay appropriate verifications of origin. Rob Portman, Round Agreements Act (19 U.S.C. This allocation includes the following United States Trade Representative. 3601(d)(3)) authorizes the President to minimum quota-holding countries: [FR Doc. 05–17657 Filed 9–6–05; 8:45 am] allocate the in-quota quantity of a tariff- Congo, Cote d’Ivoire, Gabon, Haiti, BILLING CODE 3190–W5–P rate quota for any agricultural product Madagascar, Papua New Guinea, among supplying countries or customs Paraguay, St. Kitts & Nevis, and areas. The President delegated this Uruguay. DEPARTMENT OF TRANSPORTATION authority to the United States Trade The in-quota quantity of the tariff-rate Representative under Presidential quota for refined sugar for the period Federal Aviation Administration Proclamation 6763 (60 FR 1007). October 1, 2005–September 30, 2006, The in-quota quantity of the tariff-rate has been established by the Secretary of Notice of Availability of the Draft quota for raw cane sugar for the period Agriculture at 49,000 metric tons, raw Environmental Impact Statement and October 1, 2005–September 30, 2006, value (54,013 short tons), of which the DOT Section 4(f)/303(c) Evaluation for has been established by the Secretary of Secretary has reserved 28,656 metric a Proposed Replacement Airport for Agriculture at 1,226,057 metric tons, tons (31,588 short tons) for specialty the City of St. George, UT and Notice raw value (1,351,496 short tons). The sugars. Of the quantity not reserved for of Public Hearing Date, Time, and quantity of 1,226,057 metric tons, raw specialty sugars, a total of 10,300 metric Location value is being allocated to the following tons (11,354 short tons) is being AGENCY: The lead federal agency is the countries: allocated to Canada and 2,954 metric Federal Aviation Administration (FAA), tons (3,256 short tons) is being allocated DOT. The National Park Service (NPS) Country FY 2006 to Mexico. The remaining 7,090 metric is a cooperating Federal agency. allocation tons (7,815 short tons) of the in-quota ACTION: Notice of availability, notice of Argentina ...... 50,000 quantity not reserved for specialty comment period, notice of public Australia ...... 96,511 sugars may be supplied by any country information meeting and public hearing. Barbados ...... 8,139 on a first-come, first-served basis, Belize ...... 12,791 subject to any other provision of law. SUMMARY: The Federal Aviation Bolivia ...... 9,302 The 28,656 metric tons (31,588 short Administration (FAA) is issuing this

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Notice of Availability to advise the and the comments must be postmarked Northwest Mountain Region, 1601 Lind public that a Draft Environmental and email/fax must be sent by no later Avenue, SW., Suite 315, Renton, WA Impact Statement (DEIS) containing a than midnight (MST), Tuesday, 98055–4056, Telephone: (425) 227– DOT Section 4(f)/303(c) evaluation will November 8, 2005. The DEIS may be 1600, E-mail: [email protected]. be available for public review beginning reviewed for comment during regular Issued in Renton, Washington on August September 9, 2005. The DEIS details the business hours until November 8, 2005 31, 2005. proposed development of a replacement at the following locations: David A. Field, airport and related facilities for the city 1. Cedar City Library, 303 North 100 Manager, Planning, Programming and of St. George, Utah and addresses the East, Cedar City, UT 84720. Capacity Branch, Northwest Mountain environmental impacts associated with 2. Hurricane Valley Branch, 36 South Region. its development. The DEIS presents the 300 West, Hurricane, UT 84737. [FR Doc. 05–17716 Filed 9–6–05; 8:45 am] purpose and need for the proposed 3. Santa Clara Branch, 1099 North BILLING CODE 4910–13–M project, a comprehensive analysis of the Lava flow Drive, St. George, UT 84770. alternatives to the proposed project, and 4. Springdale Branch, 898 Zion Park potential environmental impacts Blvd, Spingdale, UT 84767–0509. DEPARTMENT OF TRANSPORTATION associated with the proposed 5. Washington County, 50 South development of the proposed Main, St. George, UT 84770. Federal Aviation Administration replacement airport. A limited number of copies of the [Summary Notice No. PE–2005–54] The City of St. George, operator of the DEIS and related documents will also be existing St. George Municipal Airport, available for review by appointment Petitions for Exemption; Summary of has submitted an Airport Layout Plan, only at the following FAA or City of St. Petitions Received as revised, for approval. The DEIS George offices: assesses the potential impacts that may 1. FAA, Northwest Mountain Region AGENCY: Federal Aviation result from the development of a Office, 1601 Lind Avenue, S.W., Suite Administration (FAA), DOT. replacement airport with a 9,3000-foot 315, Renton, WA 98055, (425) 227– ACTION: Notice of petitions for Runway 01/19 and all support facilities 2610. exemption received and of dispositions (i.e., taxiways and associated lighting 2. FAA, Denver Airports District of prior petitions. and NAVAIDS). This DEIS also assesses Office, 26805 East 68th Avenue, Suite SUMMARY: Pursuant to FAA’s rulemaking the federal action regarding installation 224, Denver, CO 80249, (303) 342–1254. of navigational aids, airspace use, provisions governing the application, 3. St. George Municipal Building, 175 processing, and disposition of petitions approach and departure procedures, and East 200 North, St. George, UT 84770, associated terminal and landside for exemption part 11 of Title 14, Code (435) 634–5800. of Federal Regulations (14 CFR), this projects. One historic site, the Little 4. St. George Airport, 620 S. Airport Black Mountain Petroglyph site, would notice contains a summary of certain Road, St. George, UT 84770, (435) 634– petitions seeking relief from specified potentially be affected. This document 5822. also assesses the potential noise impact requirements of 14 CFR, dispositions of An electronic copy of the DEIS is certain petitions previously received, on Zion National Park, Little Black available on the project Web site and Mountain Petroglyph site, and 42 other and corrections. The purpose of this can be accessed at http:// notice is to improve the public’s potentially noise sensitive properties in www.airportsites.net/sgu-eis. the vicinity. awareness of, and participation in, this SUPPLEMENTARY INFORMATION: Public Comment and Information The FAA aspect of FAA’s regulatory activities. Meeting/Public Hearing: The public encourages all interested parties to Neither publication of this notice nor comment period on the DEIS and provide comments concerning the scope the inclusion or omission of information associated studies will start September and content of the Draft EIS. Comments in the summary is intended to affect the 9, 2005 and will end on November 8, should be as specific as possible and legal status of any petition or its final 2005. A Public Information Meeting and address the analysis of potential disposition. environmental impacts and the Public Hearing will be held on October DATES: Comments on petitions received 19, 2005 at The Dixie Center, 1835 adequacy of the proposed action or must identify the petition docket Convention Center Drive, St. George, UT merits of alternatives. Reviewers should number involved and must be received 84790. The Public Information Meeting organize their participation so that it is on or before September 19, 2005. meaningful and makes the agencies will begin at 3 p.m. (MST) and will last ADDRESSES: You may submit comments aware of the viewer’s interests and until 7 p.m. (MST). The Public Hearing [identified by DOT DMS Docket Number concerns using quotations and other will be conducted concurrently with an FAA–200X–XXXXX] by any of the specific references to the text of the information workshop. following methods: The public will be afforded the Draft EIS and related documents. • Web site: http://dms.dot.gov. opportunity to present oral testimony Matters that could have been raised Follow the instructions for submitting and/or written testimony pertinent to with specificity during the Draft EIS comments on the DOT electronic docket the subject of the hearing. Testimony comment period may not be considered site. from an elected official, group or agency if they are raised later in the decision • Fax: 1–202–493–2251. representative will be limited to 5 making process. This commenting • Mail: Docket Management Facility; minutes. All others will be given 3 procedure is intended to ensure that U.S. Department of Transportation, 400 minutes. Forms for providing written substantive comments and concerns are Seventh Street, SW., Nassif Building, comments will also be available at the made available to the FAA in a timely Room PL–401, Washington, DC 20590– Public Hearing. Comments received via manner so that the FAA has an 001. fax or e-mail can only be accepted with opportunity to address them. • Hand Delivery: Room PL–401 on the full name and address of the FOR FURTHER INFORMATION CONTACT: Mr. the plaza level of the Nassif Building, individual commenting. All comments David Field, Manager, Planning/ 400 Seventh Street, SW., Washington, are to be submitted to Mr. David Field Programming Branch, Airports Division, DC, between 9 am and 5 pm, Monday of the FAA, at the address shown below, Federal Aviation Administration, through Friday, except Federal holidays.

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• Federal eRulemaking Portal: Go to Place: Federal Aviation comments on the DOT electronic docket http://www.regulations.gov. Follow the Administration, 800 Independence site. online instructions for submitting Avenue, SW.,—Bessie Coleman Room, • Fax: 1–202–493–2251. comments. Washington, DC 20591. • Mail: Docket Management Facility; Docket: For access to the docket to Purpose: The meeting agenda will U.S. Department of Transportation, 400 read background documents or include receiving from the Committee Seventh Street, SW., Nassif Building, comments received, go to http:// guidance for FAA’s research and Room PL–401, Washington, DC 20590. dms.dot.gov at any time or to Room PL– development investments in the areas of • Hand Delivery: Room PL–401 on 401 on the plaza level of the Nassif air traffic services, airports, aircraft the plaza level of the Nassif Building, 400 Seventh Street, SW., safety, human factors and environment Building,400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 and energy. We will also receive Washington, DC, between 9 am and 5 p.m., Monday through Friday, except recommendations from the Air Traffic pm, Monday through Friday, except Federal holidays. Services Transition Working Group. Federal holidays. FOR FURTHER INFORMATION CONTACT: Tim Attendance is open to the interested Docket: For access to the docket to Adams (202) 267–8033, Sandy public but seating is limited. Persons read background documents or Buchanan-Sumter (202) 267–7271, wishing to attend the meeting or obtain comments received, go to http:// Office of Rulemaking (ARM–1), Federal information should contact Gloria dms.dot.gov at any time or to Room PL– Aviation Administration, 800 Dunderman at (202) 267–8937 or 401 on the plaza level of the Nassif Independence Avenue, SW., gfloria.dunderman@faa. gov. Attendees Building, 400 Seventh Street, SW., Washington, DC 20591. will have to present picture ID at the Washington, DC, between 9 am and 5 This notice is published pursuant to security desk and escorted to the Bessie pm, Monday through Friday, except 14 CFR 11.85 and 11.91. Coleman Room. Federal holidays. Issued in Washington, DC, on August 30, Members of the public may present a FOR FURTHER INFORMATION CONTACT: 2005. written statement to the Committee at Charles Churilla, 202–366–5295, Anthony F. Fazio, any time. Department of Transportation, Federal Director, Office of Rulemaking. Issued in Washington, DC on August 29, Highway Administration, Office of 2005. Infrastructure, 400 Seventh Street, SW., Petitions for Exemption Joan Bauerlein Washington, DC 20590. Office hours are Docket No.: FAA–2005–21309. Director of Operations Planning Research & from 8:00 a.m. to 4:30 p.m., Monday Petitioner: Ameristar Air Cargo, Inc. Development. through Friday, except Federal holidays. Section of 14 CFR Affected: 14 CFR [FR Doc. 05–17650 Filed 9–6–05; 8:45 am] SUPPLEMENTARY INFORMATION: 121.434(g). BILLING CODE 4910–13–M Title: Highways for LIFE Pilot Description of Relief Sought: To Program. permit Captain Raymond, to serve as a Background: Section 1502 of required pilot crewmember on DEPARTMENT OF TRANSPORTATION SAFETEA–LU establishes the McDonnell Douglas DC–9 (DC–9) ‘‘Highways for LIFE’’ Pilot Program. The airplanes without acquiring at least 100 Federal Highway Administration purpose of the Highways for LIFE pilot hours of line operating flight time, on [Docket No. FHWA–2005–22179] program is to advance longer-lasting the DC–9, within the number of days highways using innovative technologies specified by § 121.434(h)(3) or (4) or Agency Information Collection and practices to accomplish the fast requiring the training required by Activities; Request for Comments; construction of efficient and safe § 121.434(h)(4)(ii). Clearance of a New Information highways and bridges. ‘‘Highways for [FR Doc. 05–17649 Filed 9–6–05; 8:45 am] Collection; Highways for LIFE Pilot LIFE’’ is focused on accelerating the rate BILLING CODE 4910–13–P Program of adoption of proven technologies. The program will provide funding to States AGENCY: Federal Highway to accelerate technology adoption to DEPARTMENT OF TRANSPORTATION Administration (FHWA), DOT. construct, reconstruct, or rehabilitate ACTION: Notice and request for Federal-aid highway projects that Federal Aviation Administration comments. incorporate innovative technologies that will improve safety, reduce congestion Research, Engineering and SUMMARY: The FHWA invites public due to construction and improve Development Advisory Committee comments about our intention to request quality. Those States interested in Meeting the Office of Management and Budget’s participating in the ‘‘Highways for (OMB) approval for a new information Pursuant to section 10(A)(2) of the LIFE’’ program will submit an collection, which is summarized below application for project funding. The Federal Advisory Committee Act (Public under SUPPLEMENTARY Law 92–463; 5 U.S.C. App. 2), notice is information to be provided on the INFORMATION. We are required to application includes a description of the hereby given of a meeting of the FAA publish this notice in the Federal Research, Engineering and Development project, the innovative technologies to Register by the Paperwork Reduction be used and a description of how these (R,E&D) Advisory Committee. Act of 1995. AGENCY: Federal Aviation technologies will improve safety, reduce DATES: Administration (FAA). Please submit comments by construction congestion and improve November 7, 2005. ACTION: Notice of meeting. quality. The collected information will ADDRESSES: You may submit comments be used by FHWA to evaluate and select Name: Research, Engineering and identified by DOT DMS Docket Number projects for ‘‘Highways for LIFE’’ Development Advisory Committee. FHWA–2005–22179 by any of the funding. Time and Date: September 20—9 a.m. following methods: Respondents: The fifty State to 5 p.m., September 21—9 a.m. to 12 • Web site: http://dms.dot.gov. Departments of Transportation, the p.m. Follow the instructions for submitting District of Columbia and Puerto Rico.

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Frequency: The information will be Issued on: August 30, 2005. Pipeline and Hazardous Materials Safety collected annually beginning in fiscal James R. Kabel, Administration, U.S. Department of year 2006 and ending in fiscal year Chief, Management Programs and Analysis Transportation, 400 Seventh Street, 2009. Division. SW., Washington, DC 20590–0001, (202) Estimated Average Burden per [FR Doc. 05–17651 Filed 9–6–05; 8:45 am] 366–4535. Response: 8 hours per respondent per BILLING CODE 4910–22–P Key to ‘‘Reason for Delay’’ application. Estimated Total Annual Burden 1. Awaiting additional information from Hours: It is expected that the DEPARTMENT OF TRANSPORTATION applicant. respondents will complete 2. Extensive public comment under approximately 30 applications for an Pipeline and Hazardous Materials review. Safety Administration, Office of estimated 240 total annual burden 3. Application is technically complex Hazardous Materials Safety hours. and is of significant impact or Public Comments Invited: You are Notice of Delays in Processing of precedent-setting and requires asked to comment on any aspect of this extensive analysis. information collection, including: (1) Exemption Applications 4. Staff review delayed by other priority Whether the proposed collection is AGENCY: Pipeline and Hazardous issues or volume of exemption necessary for the FHWA’s performance; Materials Safety Administration, DOT. applications. (2) the accuracy of the estimated ACTION: List of application delayed more burden; (3) ways for the FHWA to than 180 days. Meaning of Application Number enhance the quality, usefulness, and Suffixes clarity of the collected information; and SUMMARY: In accordance with the N—New application (4) ways that the burden could be requirements of 49 U.S.C. 5117(c), minimized, including the use of PHMSA is publishing the following list M—Modification request electronic technology, without reducing of exemption applications that have X—Renewal the quality of the collected information. been in process for 180 days or more. PM—Party to application with The agency will summarize and/or The reason(s) for delay and the expected modification request include your comments in the request completion date for action on each Issued in Washington, DC, on August 31, for OMB’s clearance of this information application is provided in association 2005. collection. with each identified application. R. Ryan Posten, Authority: The Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: Exemptions Program Officer, Office of of 1995; 44 U.S.C. Chapter 35, as amended; Delmer Billings, Office of Hazardous Hazardous Materials Safety Exemptions & and 49 CFR 1.48. Materials Exemptions and Approvals, Approvals.

Reason for Estimated date Application No. Applicant delay of completion

New Exemption Applications

13183–N ...... Becton Dickinson, Sandy, UT ...... 4 09–30–2005 13281–N ...... The Dow Chemical Company, Midland, MI ...... 4 09–30–2005 13266–N ...... Luxfer Gas Cylinders, Riverside, CA ...... 4 09–30–2005 13302–N ...... FIBA Technologies, Inc., Westboro, MA ...... 4 09–30–2005 13341–N ...... National Propane Gas Associations, Washington, DC ...... 3 09–30–2005 13314–N ...... Sunoco Inc., Philadellphia, PA ...... 4 09–30–2005 13309–N ...... OPW Engineered Systems, Lebanon, OH ...... 4 09–30–2005 13347–N ...... ShipMate, Inc., Torrance, CA ...... 4 09–30–2005 13346–N ...... Stand-By-Systems, Inc., Dallas, TX ...... 1 09–30–2005 14151–N ...... Chevron Texaco, Houston, TX ...... 4 09–30–2005 14149–N ...... Digital Wave Corporation, Englewood, CO ...... 4 09–30–2005 14140–N ...... Albemarle Corporation, Baton Rouge, LA ...... 4 09–30–2005 14141–N ...... Nalco Company, Naperville, IL ...... 4 09–30–2005 14138–N ...... INO Therapeutics, Inc., Port Allen, LA ...... 4 09–30–2005 14038–N ...... Dow Chemical Company, Midland, MI ...... 1 09–30–2005 14010–N ...... Varsal, LLC, Warminster, PA ...... 4 09–30–2005 13999–N ...... Kompozit-Praha s.r.o., Dysina u Plzne, Czech Republic, CZ ...... 4 09–30–2005 13957–N ...... T.L.C.C.I, Inc., Franklin, TN ...... 4 09–30–2005 14179–N ...... USA Jet Airlines, Belleville, MI ...... 4 09–30–2005 14167–N ...... Trinityrail, Dallas, TX ...... 4 09–30–2005 14163–N ...... Air Liquide America L.P., Houston, TX ...... 4 09–30–2005 14159–N ...... Chevron Texaco, Richmond, CA ...... 4 09–30–2005 14162–N ...... BSCO Incorporated, Forest Hills, MD ...... 4 09–30–2005 14150–N ...... Eli Lilly & Company, Indianapolis, IN ...... 4 09–30–2005 13582–N ...... Linde Gas LLC (Linde), Independence, OH ...... 4 09–30–2005 13563–N ...... Applied Companies, Valencia, CA ...... 4 09–30–2005 13547–N ...... CP Industries, McKeesport, PA ...... 4 10–31–2005

Modification to Exemptions

7277–M ...... Structural Composities Industries, Pomona, CA ...... 4 10–31–2005 10019–M ...... Structural Composities Industries, Pomona, CA ...... 4 10–31–2005 10915–M ...... Luxfer Gas Cylinders (Composite Cylinder Division), Riverside, CA ...... 1 10–31–2005 6263–M ...... Amtrol, Inc., West Warwick, RI ...... 4 08–31–2005

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Reason for Estimated date Application No. Applicant delay of completion

10319–M ...... Amtrol, Inc., West Warwick, RI ...... 4 10–31–2005 12412–M ...... Hawkins, Inc., Minneapolis, MN ...... 3, 4 10–31–2005 11903–M ...... Comptank Corporation, Bothwell, ON ...... 4 10–31–2005 13229–M ...... Matheson Tri-Gas, East Rutherford, NJ ...... 4 10–31–2005 10590–M ...... ITW/SEXTON (formerly SEXTON CAN COMPANY, INC.), Decatur, AL ...... 4 10–31–2005 9659–M ...... Kaiser Compositek Inc., Brea, CA ...... 4 10–31–2005 11970–M ...... ExxonMobil Chemical Company, Mont Belvieu, TX ...... 4 10–31–2005 13580–M ...... Carleton Technologies Inc., Orchard Park, NY ...... 4 9–30–2005 12384–M ...... OilAir Hydraulics, Inc., Houston, TX ...... 4 9–30–2005 13327–M ...... Hawk FRP LLC, Ardmore, OK ...... 1 10–31–2005 7774–M ...... Pipe Recovery Systems, Inc., Houston, TX ...... 4 10–31–2005 13488–M ...... FABER INDUSTRIES SPA (U.S. Agent: Kaplan Industries, Maple Shade, NJ) ...... 4 10–31–2005 12988–M ...... Air Products & Chemicals, Inc., Allentown, PA ...... 4 10–31–2005 12284–M ...... The American Traffic Services Assn. (ATTSA), Fredericksburg, VA ...... 1 10–31–2005 11579–M ...... Dyno Nobel, Inc., Salt Lake City, UT ...... 4 10–31–2005 11241–M ...... Rohm and Hass Co., Philadelphia, PA ...... 1 09–30–2005 7280–M ...... Department of Defense, Ft. Eustis, VA ...... 4 10–31–2005 10878–M ...... Tankcon FRP Inc., Boisbriand, Qc ...... 1, 3 10–31–2005 8162–M ...... Structural Composites Industries, Pomona, CA ...... 4 10–31–2005 8718–M ...... Structural Composites Industries, Pomona, CA ...... 4 10–31–2005

Renewal to Exemptions

9649–X ...... U.S. Department of Defense, Fort Eustis, VA ...... 1 09–30–05

[FR Doc. 05–17722 Filed 9–6–05; 8:45 am] received numerous reports of damage to constitutes a hazard to navigation. The BILLING CODE 4910–60–M pipeline facilities in the offshore and regulations require that damaged inland areas of Louisiana, Mississippi, pipeline facilities or exposed pipelines Alabama, and the Florida Panhandle. must be repaired, replaced, or reburied DEPARTMENT OF TRANSPORTATION Department of the Interior reported on to eliminate the hazard, and pipelines August 29, 2005 that 615 of the 819 oil that are a hazard to navigation must be Pipeline and Hazardous Materials platforms in the Gulf of Mexico had promptly reported to the National Safety Administration been evacuated and that crude oil Response Center (NRC) at 1–800–424– production had dropped by nearly 92 8802. Pipeline Safety Advisory: Potential for percent, or 1.4 million barrels a day, and Damage to Pipeline Facilities Caused natural gas production was down 83 II. Advisory Bulletin (ADB–05–08) by the Passage of Hurricane Katrina percent. To: Owners and operators of gas and AGENCY: Pipeline and Hazardous The first aerial inspections of crude hazardous liquid pipeline systems. Materials Safety Administration oil and natural gas platforms have Subject: Potential for damage to (PHMSA), DOT. reported extensive damage and pipeline facilities caused by the passage numerous oil and gas pipeline leaks. of Hurricane Katrina. ACTION: Notice; issuance of advisory There is also a report of a production bulletin. platform missing. Several on shore Advisory: All operators of gas and hazardous liquid pipelines in the Gulf SUMMARY: PHMSA is issuing this pipeline companies have reported facilities (pumping stations, of Mexico and adjacent state waters are advisory bulletin to owners and warned that pipeline safety problems operators of gas and hazardous liquid compression stations, and terminals) to be underwater water and leaking. may have been caused by the passage of pipelines to communicate the potential Hurricane Katrina on August 29, 2005. for damage to pipeline facilities caused The Federal pipeline safety regulations at 49 CFR parts 192 and 195 PHMSA received numerous reports of by the passage of Hurricane Katrina on damage to pipeline facilities, August 29, 2005. require operators to shut down and start up pipeline facilities in a safe manner particularly offshore Louisiana. ADDRESSES: This document can be and to conduct periodic pipeline patrols Pipeline operators are urged to take viewed on the Office of Pipeline Safety to detect unusual operating and the following actions to ensure personal (OPS) home page at: http://ops.dot.gov. maintenance conditions and to take and environmental safety and the FOR FURTHER INFORMATION CONTACT: Joy corrective action if conditions are integrity of gas and hazardous liquid Kadnar, (202) 366–0568, or by e-mail at unsafe. Because this patrolling is pipelines located in areas impacted by [email protected]. generally by aircraft, pipelines exposed Hurricane Katrina: SUPPLEMENTARY INFORMATION: or damaged on the sea floor may not be 1. Identify persons who normally visually detected. It is likely that some engage in shallow water commercial I. Background pipeline facilities and pipelines located fishing, shrimping, and other marine The purpose of this advisory bulletin in the area of Hurricane Katrina’s vessel operations and caution them that is to warn all operators of gas and impact are damaged or exposed. underwater offshore pipelines may have hazardous liquid pipelines in the Gulf The gas and hazardous liquid pipeline become unprotected on the sea floor. of Mexico and adjacent state waters that safety regulations require that operators Marine vessels operating in water pipeline safety problems may have been mitigate the safety condition if a depths comparable to a vessel’s draft or caused by the passage of Hurricane pipeline facility is damaged or if a when operating bottom dragging Katrina on August 29, 2005. PHMSA pipeline is exposed on the sea floor or equipment can be damaged and their

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crews endangered by an encounter with facilities caused by the passage of Pipeline operators are urged to take a underwater pipeline. Hurricane Katrina on August 29, 2005. the following actions to ensure personal 2. Identify and caution marine vessel ADDRESSES: This document can be and environmental safety and the operators in offshore shipping lanes and viewed on the Office of Pipeline Safety integrity of natural gas distribution other offshore areas where Hurricane (OPS) Home page at: http://ops.dot.gov. pipeline facilities located in areas Katrina may have affected a pipeline FOR FURTHER INFORMATION CONTACT: Joy impacted by Hurricane Katrina: 1. Conduct additional leak surveys that deploying fishing nets or anchors, Kadnar, (202) 366–0568, or by e-mail at and inspection of above ground and dredging operations may damage [email protected]. the pipeline, their vessels, and endanger equipment as necessary to detect any SUPPLEMENTARY INFORMATION: their crews. damage which may have occurred. 3. In the process of bringing offshore I. Background 2. For distribution systems or portions and inland transmission facilities back of systems that have been shut down, The purpose of this advisory bulletin check for damage to piping, valves, online, check for structural damage to is to warn all operators of natural gas piping, valves, emergency shutdown emergency shutdown systems, risers distribution pipeline facilities that and meter sets prior to restoring system systems, risers and supporting systems. safety problems may have been caused Aerial inspections of pipeline routes operation and relighting customers. by the passage of Hurricane Katrina on 3. Check for water that may have should be conducted to check for leaks August 29, 2005. in the transmission systems. In areas leaked into low pressure systems. Past instances of flooding have 4. Identify and correct any conditions where floating and jack-up rigs have resulted in significant pipeline system on the pipeline as required by the moved and their path could have been damage including exposed pipes, failure Federal pipeline safety regulations. (49 over the pipelines, review possible of pipelines crossing rivers and streams, U.S.C. Chapter 601; 49 CFR 1.53). routes and check for sub-sea pipeline damage to meter sets, pipeline leaks damage where required. from soil movement, and water leaking Issued in Washington, DC on August 31, 2005. 4. Identify and correct any conditions into pipeline systems. Due to the storm Joy Kadnar, on the pipeline as required by the surge and extensive flooding caused by Federal pipeline safety regulations. Hurricane Katrina, extensive damage to Director of Engineering and Engineering Support. PHMSA would appreciate receiving facilities may be expected. information about all damage to The Federal pipeline safety [FR Doc. 05–17653 Filed 9–6–05; 8:45 am] pipeline facilities in the Gulf of Mexico regulations (49 CFR part 192) require BILLING CODE 4910–60–P and adjacent State waters caused by operators to shut down and start up Hurricane Katrina. The Federal pipeline pipeline facilities in a safe manner and DEPARTMENT OF TRANSPORTATION safety regulations require that operators to conduct periodic pipeline patrols to report certain incidents and accidents to detect unusual operating and Surface Transportation Board PHMSA by specific methods. Damage maintenance conditions and to take not reported by these methods may be corrective action if conditions are [STB Finance Docket No. 34742] reported to Joy Kadnar at (202) 366– unsafe. Murray-Calloway Economic 0568 or [email protected]. Gas pipeline safety regulations require Development Corporation— that operators mitigate the safety (49 U.S.C. Chapter 601; 49 CFR 1.53). Acquisition Exemption—Hardin condition if a pipeline facility is Issued in Washington, DC on August 31, Southern Railroad, Inc. 2005. damaged. The regulations require Joy Kadnar, damaged pipeline facilities be repaired Murray-Calloway Economic or replaced as necessary to eliminate the Development Corporation (EDC), a Director of Engineering and Engineering Support. hazard, and that damage resulting in a noncarrier, has filed a verified notice of death or injury or exceeding $50,000 exemption under 49 CFR 1150.31 to [FR Doc. 05–17652 Filed 9–6–05; 8:45 am] must be promptly reported to the acquire by purchase from Hardin BILLING CODE 4910–60–P National Response Center (NRC) at 1– Southern Railroad, Inc., a rail line 800–424–8802. between milepost 38.34, near Murray, in Calloway County, KY, and milepost 30, DEPARTMENT OF TRANSPORTATION II. Advisory Bulletin (ADB–05–07) near Hardin, in Marshall County, KY, a Pipeline and Hazardous Materials To: Owners and operators of natural total distance of 8.34 miles.1 EDC states Safety Administration gas distribution pipeline facilities. that it does not intend to operate the Subject: Potential for damage to line or to hold itself out to provide Pipeline Safety Advisory: Potential for natural gas distribution pipeline common carrier service.2 Damage to Natural Gas Distribution facilities caused by the passage of Pipeline Facilities Caused by the Hurricane Katrina. 1 This transaction is related to STB Finance Passage of Hurricane Katrina Advisory: All operators of natural gas Docket No. 34741, KWT Railway, Inc.—Lease and distribution pipeline facilities in the Operate—Murray-Calloway Economic Development AGENCY: Corporation, wherein KWT Railway, Inc. (KWT), Pipeline and Hazardous states of Louisiana, Mississippi, has filed a notice of exemption to lease and operate Materials Safety Administration Alabama, and Florida are warned that the portion of rail line between milepost 38.34 and (PHMSA), DOT. pipeline safety problems may have been approximately milepost 37.34. 2 ACTION: Notice; issuance of advisory caused by the passage of Hurricane EDC states that, ‘‘* * * [t]o the extent that the line is considered a ‘‘line of railroad’’ the EDC bulletin. Katrina on August 29, 2005. Likely intends to embargo or discontinue service over the problems include but are not limited to rest of the line.’’ Because EDC is acquiring the 8.34- SUMMARY: PHMSA is issuing this damage of above ground equipment due mile line pursuant to 49 U.S.C. 10901, the entire advisory bulletin to owners and to flooding and flying debris, damage to line is a line of railroad, and EDC is acquiring a common carrier obligation to either provide service operators of natural gas distribution buried pipelines from soil movement, over all of it or assure that service is provided by pipeline facilities to communicate the and water leaking into low pressure another carrier. Should EDC seek to terminate that potential for damage to pipeline pipelines. Continued

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EDC certifies that its projected ACTION: Notice and request for comment. concerns, but is entirely voluntary. It is revenues as a result of the transaction designed to prevent having to go back to will not exceed those that would qualify SUMMARY: The OCC, as part of its the consumer for additional it as a Class III rail carrier and will not continuing effort to reduce paperwork information, which delays the process. exceed $5 million. and respondent burden, invites the Completion of the form allows the The transaction was expected to be general public and other Federal Customer Assistance Group to process consummated on or after August 15, agencies to take this opportunity to the complaint more efficiently. 2005, the effective date of the exemption comment on a continuing information The Customer Assistance Group will (7 days after the exemption was filed). collection, as required by the Paperwork use the information to create a record of If the verified notice contains false or Reduction Act of 1995. Currently, the the consumer’s contact, including misleading information, the exemption OCC is soliciting comment concerning a capturing information that can be used is void ab initio. Petitions to revoke the proposed new collection titled to resolve the consumer’s issues and exemption under 49 U.S.C. 10502(d) ‘‘Customer Complaint Form’’. provide a database of information that is may be filed at any time. The filing of DATES: You should submit written incorporated into the OCC’s supervisory a petition to revoke will not comments by: November 7, 2005. process. automatically stay the transaction. ADDRESSES: You should direct all Type of Review: New collection. An original and 10 copies of all written comments to the Affected Public: Businesses or other pleadings, referring to STB Finance Communications Division, Attention: for-profit. Docket No. 34742, must be filed with Customer Complaint Form, Third Floor, Number of Respondents: 2,149. the Surface Transportation Board, 1925 Office of the Comptroller of the Total Annual Responses: 2,149. K Street, NW., Washington, DC 20423– Currency, 250 E Street, SW., Frequency of Response: On occasion. 0001. In addition, one copy of each Washington, DC 20219. In addition, Total Annual Burden Hours: 142. pleading must be served on Mark comments may be sent by facsimile Comments submitted in response to Manning, P.O. Box 1911, Murray, KY transmission to (202) 874–4448, or by this notice will be summarized and 42071. electronic mail to included in the request for OMB Board decisions and notices are [email protected]. approval. All comments will become a available on our Web site at http:// FOR FURTHER INFORMATION CONTACT: You matter of public record. www.stb.dot.gov. can request additional information or a Comments are invited on: Decided: August 31, 2005. copy of the collection from Mary (a) Whether the collection of By the Board, David M. Konschnik, Gottlieb or Camille Dixon, (202) 874– information is necessary for the proper Director, Office of Proceedings. 5090, Legislative and Regulatory performance of the functions of the Vernon A. Williams, Activities Division (1557–0202), Office agency, including whether the Secretary. of the Comptroller of the Currency, 250 information shall have practical utility; [FR Doc. 05–17725 Filed 9–6–05; 8:45 am] E Street, SW., Washington, DC 20219. (b) The accuracy of the agency’s BILLING CODE 4915–01–P You can inspect and photocopy the estimate of the burden of the collection comments at the OCC’s Public Reference of information; Room, 250 E Street, SW., Washington, (c) Ways to enhance the quality, DEPARTMENT OF THE TREASURY DC, between 9 a.m. and 5 p.m. on utility, and clarity of the information to business days. You can make an be collected; Office of the Comptroller of the appointment to inspect the comments (d) Ways to minimize the burden of Currency by calling (202) 874–5043. the collection on respondents, including SUPPLEMENTARY INFORMATION: The OCC through the use of automated collection Proposed Information Collection; is requesting comment on the following techniques or other forms of information Comment Request proposed information collection: technology; and Title: Customer Complaint Form. (e) Estimates of capital or startup costs AGENCY: Office of the Comptroller of the OMB Number: None assigned—new Currency (OCC), Treasury. and costs of operation, maintenance, collection. and purchase of services to provide Description: The customer complaint information. obligation in whole or in part in the future, it will form was developed as a courtesy for need to file for authority to abandon or discontinue Dated: August 30, 2005. service. In connection with any such request, EDC those that contact the Office of the should be aware of the Board’s holding in The Land Comptroller of the Currency’s Customer Stuart Feldstein, Conservancy of Seattle and King County— Assistance Group and wish to file a Assistant Director, Legislative & Regulatory Acquisition and Operation Exemption—The Activities Division. Burlington Northern and Santa Fe Railway formal, written complaint. The form Company, STB Finance Docket No. 33389 (STB allows the consumer to focus its issues [FR Doc. 05–17644 Filed 9–6–05; 8:45 am] served Sept. 26, 1997). and provide a complete picture of their BILLING CODE 4810–33–P

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Corrections Federal Register Vol. 70, No. 172

Wednesday, September 7, 2005

This section of the FEDERAL REGISTER ENVIRONMENTAL PROTECTION August 16, 2005, make the following contains editorial corrections of previously AGENCY correction: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are 40 CFR Part 52 §52.1920 [Corrected] prepared by the Office of the Federal On page 48080, in §52.1920(e), in the Register. Agency prepared corrections are [R06–OAR–2005–OK–0001; FRL–7953–8] table, in the ‘‘Name of SIP provision’’ issued as signed documents and appear in column, in the second entry, in the last the appropriate document categories Approval and Promulgation of Air elsewhere in the issue. Quality Implementation Plans; line, ‘‘Reduciton’’ should read Oklahoma; Attainment Demonstration ‘‘Reduction’’. for the Central Oklahoma Early Action [FR Doc. C5–16192 Filed 9–6–05; 8:45 am] Compact Area BILLING CODE 1505–01–D Correction In rule document 05–16192 beginning on page 48078 in the issue of Tuesday,

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Part II

Department of Commerce National Oceanic and Atmospheric Administration

Oceanic and Atmospheric Research (OAR) Assistant Administrator; Evaluation of NOAA’s Response to the August 6, 2004 Research Review Report; Notice

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DEPARTMENT OF COMMERCE 11419, 1315 East-West Highway, Silver public comment. Public comments may Spring, Maryland 20910. be submitted for 30 days, from National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Ms. September 7, 2005 to October 7, 2005. Administration M. Whitcomb, Silver Spring Metro NOAA welcomes all comments on the Center Bldg 3 Room 11419, 1315 East- content of the report. We request Oceanic and Atmospheric Research West Highway, Silver Spring, Maryland comments on any inconsistencies (OAR) Assistant Administrator; 20910 (phone 301–713–2454 x173), perceived within the report, and Evaluation of NOAA’s Response to the during normal business hours of 8 a.m. possible omissions of important topics August 6, 2004 Research Review to 5 p.m. eastern time, Monday through or issues. For any shortcoming noted Report Friday, or visit the SAB Web site at: within the draft report, please propose http://www.sab.NOAA.gov/reports/ AGENCY: The Office of Oceanic and specific remedies. Atmospheric Research (OAR), National reports.html. The public is encouraged to submit Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: The Office comments electronically to Administration (NOAA), Department of of Oceanic and Atmospheric Research [email protected]. Commerce. (OAR) publishes this notice to announce Please follow these instructions for the availability of a draft report that preparing and submitting comments. ACTION: Notice and request for public evaluates NOAA’s response to the Using the format guidance described comment. August 6, 2004 Research Review Report. below will facilitate the processing of The SAB will post the draft report on SUMMARY: The Office of Oceanic and reviewer comments and assure that all ‘‘The Evaluation of NOAA’s Response to Atmospheric Research publishes this comments are appropriately considered. the Research Review Report’’, for public notice to announce the availability for Please provide background information comment on September 7, 2005. The public comment of the Science about yourself on the first page of your Science Advisory Board is seeking Advisory Board’s (SAB) draft report on comments: your name(s), public comment from all interested the evaluation of NOAA’s response to organization(s), area(s) of expertise, parties. This draft report is being issued the Research Review Report. ‘‘The mailing address(es), telephone and fax for comment only and is not intended Evaluation of NOAA’s Response to the numbers, email address(es). Overview for interim use. Suggested changes will Research Review Report’’ can be found comments should follow your be incorporated, where appropriate, in background information and should be at: http://www.sab.NOAA.gov/reports/ the final report being submitted to the reports.html. numbered. Comments that are specific NOAA Administrator. to particular pages, paragraphs, or lines DATES: Comments on this draft NOAA asked the SAB to appoint an should follow any overview comments document must be submitted by October external panel to review progress in and should identify the page numbers to 7, 2005. implementing recommendations from which they apply. Please number all the Research Review Report. On August ADDRESSES: The draft report on the pages (on the upper right hand of each 16 and 17, a five person review panel page) and print identifying information evaluation of NOAA’s response to the met in Silver Spring, Maryland, to Science Advisory Board’s Research at the top of each page. Comments may evaluate the progress made. This panel also be submitted in writing to: NOAA Review Report will be available on the is tasked with evaluating the NOAA SAB Web site at http:// Research, Science Advisory Board response to the August 2004 report’s (SAB), c/o Ms. M. Whitcomb, Silver www.sab.NOAA.gov/reports/ findings and recommendations. The reports.html on September 7, 2005. Spring Metro Center Bldg 3 Room panel is also tasked with providing 11419, 1315 East-West Highway, Silver The public is encouraged to submit additional recommendations to the Spring, Maryland 20910. comments electronically to Administrator to improve the efficiency [email protected] For and effectiveness of the NOAA research Dated: August 31, 2005. commenters who do not have access to organization. This review panel will be Louisa Koch, a computer, comments may be disbanded once its final report to the Deputy Assistant Administrator, Office of submitted in writing to: NOAA NOAA Science Advisory Board is Oceanic and Atmospheric Research, National Research, Science Advisory Board issued. Oceanic and Atmospheric Administration. (SAB), c/o Ms. M. Whitcomb, Silver The draft report will be posted on the [FR Doc. 05–17654 Filed 9–6–05; 8:45 am] Spring Metro Center Bldg 3 Room SAB Web site on September 7, 2005 for BILLING CODE 3510–KD–P

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Part III

Department of Labor Mine Safety and Health Administration

30 CFR Part 57 Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Mines; Proposed Rule

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DEPARTMENT OF LABOR questions regarding these issues are FOR FURTHER INFORMATION CONTACT: For discussed within the appropriate information contact Rebecca J. Smith, Mine Safety and Health Administration sections in the preamble. These Acting Director of the Office of questions are italicized for ease of the Standards, Regulations, and Variances, 30 CFR Part 57 reader. MSHA, 1100 Wilson Blvd., Arlington, Virginia 22209–3939. Ms. Smith can be RIN 1219–AB29 DATES: Public hearing dates and reached at (202) 693–9440. locations are discussed in the Diesel Particulate Matter Exposure of SUPPLEMENTARY INFORMATION section SUPPLEMENTARY INFORMATION: Underground Metal and Nonmetal below. If you wish to make an oral Mines Outline of Preamble presentation for the record, we ask that AGENCY: Mine Safety and Health you submit your request at least 5 days This outline will assist the mining Administration (MSHA), Labor. prior to the hearing dates. Comments community in finding information in this preamble. ACTION: Proposed rule; notice of public and other appropriate data for the hearings; close of comment period; record must be received by close of I. Public Hearings request for data. business on October 14, 2005. II. Rulemaking Background A. First Partial Settlement Agreement ADDRESSES: (1) To submit comments, SUMMARY: We propose to revise the B. Second Partial Settlement Agreement please include RIN: 1219–AB29 in the January 20, 2006 effective date of the III. Rulemaking History subject line of the message and send existing diesel particulate matter (DPM) A. Advance Notice of Proposed them to us at either of the following final concentration limit of 160 Rulemaking (ANPRM) on the Interim addresses. micrograms of total carbon (TC) per and Final Concentration Limits B. Notice of Proposed Rulemaking (NPRM) cubic meter of air (160 µg/m3) in the Federal e-Rulemaking portal: Go to TC http://www.regulations.gov and follow on the Interim Limit 2001 final rule ‘‘Diesel Particulate C. Final Rule Revising the Interim Matter Exposure of Underground Metal the online instructions for submitting comments. Concentration Limit and Nonmetal Miners,’’ published in the IV. Technological Feasibility Federal Register on January 19, 2001 E-mail: [email protected]. A. Introduction (66 FR 5706). We are considering If you are unable to submit comments B. Background staggered effective dates for electronically, please identify them by C. Remaining Technological Feasibility implementation of the final DPM limit, RIN: 1219–AB29 and send them to us by Issues phased-in over a multi-year period, any of the following methods. V. Complexity of Developing an Appropriate Conversion Factor for the Final primarily based on feasibility issues that Fax: (202) 693–9441. Mail, hand delivery, or courier: Concentration Limit have surfaced since promulgation of the VI. Economic Feasibility 2001 final rule. We also propose to MSHA, Office of Standards, VII. Section 101(a)(9) of the Mine Act delete the existing provision that Regulations, and Variances, 1100 VIII. Section-by-Section Analysis restricts newer mines from applying for Wilson Blvd., Rm. 2350, Arlington, VA A. Section 57.5060(b) an extension of time for meeting the 22209–3939. B. Effect of Eliminating § 57.5060(c)(3)(i) final concentration limit. In addition we (2) We will post all comments on the IX. Medical Evaluation and Transfer are seeking specific comments and data Internet without change, including any X. Regulatory Impact Analysis on an appropriate conversion factor for personal information they may contain. A. Executive Order 12866 You may access the rulemaking docket B. Costs the final DPM limit, technological C. Benefits implementation issues, and the costs via the Internet at http://www.msha.gov/ XI. Regulatory Flexibility Act Certification and benefits of this rule. Finally, in this regsinfo.htm or in person at MSHA’s XII. Paperwork Reduction Act proposed rule, we are interested in public reading room at 1100 Wilson XIII. Other Regulatory Considerations comments on the appropriateness of Blvd., Rm. 2349, Arlington, VA. XIV. Proposed DPM Rule Text including in a final rule a provision for (3) To receive an e-mail notification I. Public Hearings medical evaluation of miners required when we publish rulemaking to wear respiratory protection and documents in the Federal Register, We will hold three public hearings on transfer of miners who have been subscribe to our list serve at http:// the proposed rule. The public hearings determined by a medical professional to www.msha.gov/subscriptions/ will be begin at 9 a.m., and will be held be unable to wear a respirator. Specific subscribe.aspx. on the following dates and locations:

Date Location Phone

September 26, 2005 ...... Little America Hotel, 500 South Main Street, Salt Lake City, UT 84101 ...... (801) 363–6781 September 28, 2005 ...... Clarion Hotel Sports Complex, 9103 E. 39th Street, Kansas City, MO 64133 ...... (816) 737–0200 September 30, 2005 ...... Marriott Louisville Downtown, 280 West Jefferson Street, Louisville, KY 40202 ... (800) 228–9290

If you wish to make an oral followed by an opportunity for members The hearings will be conducted in an presentation for the record, we ask that of the public to make oral presentations informal manner. The hearing panel you submit your request at least 5 days to a panel. Speakers will speak in the may ask questions of speakers. Although prior to the hearing dates. However, you order that they sign in. At the discretion formal rules of evidence and cross do not have to make a written request of the presiding official, the time examination will not apply, the to speak. Any unallotted time will be allocated to speakers for their presiding official may exercise made available for persons making presentation may be limited. Speakers discretion to ensure the orderly progress same-day requests. and other attendees may also present of the hearing and may exclude The hearings will begin with an information to the MSHA panel for irrelevant or unduly repetitious material opening statement from MSHA, inclusion in the rulemaking record. and questions.

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A verbatim transcript of the the final rule on February 27, 2002 (67 equipment. Therefore, we requested proceedings will be included in the FR 9180). relevant information on current rulemaking record. Copies of this experiences with availability of control B. Second Partial Settlement Agreement transcript will be available to the public, technology, installation of control and can be viewed at http:// Settlement negotiations continued on technology, effectiveness of control www.msha.gov. the remaining unresolved issues in the technology to reduce DPM levels, and We will accept post-hearing written litigation, and on July 15, 2002, the cost implications of compliance with comments and other appropriate data parties finalized a written agreement (67 the 2001 final rule. for the record from any interested party, FR 47296, 47297). Under the agreement, including those not presenting oral the interim concentration limit of B. Notice of Proposed Rulemaking 3 (NPRM) on the Interim Limit statements, through close of business on 400TC µg/m became effective on July October 14, 2005. 20, 2002, without further legal In response to our publication of the ANPRM, some commenters II. Rulemaking Background challenge. We afforded mine operators one year to develop and implement recommended that we propose separate On January 19, 2001 we published a good-faith compliance strategies to meet rulemakings for revising the interim and final rule addressing the health hazards the interim concentration limit, and we final concentration limits to give us an to underground metal and nonmetal agreed to provide compliance assistance opportunity to gather further miners from exposure to diesel during this one-year period. We also information to establish a final DPM particulate matter (DPM) (66 FR 5706). agreed to propose rulemaking on several limit, particularly regarding feasibility. The rule established new health other disputed provisions of the 2001 In the subsequent notice of proposed standards for these miners by requiring, final rule. The legal challenge to the rule rulemaking (NPRM) published on among other things, use of engineering was stayed pending completion of the August 14, 2003 (68 FR 48668), we and work practice controls to reduce additional rulemakings. concurred with these commenters and DPM to prescribed limits. It set an On July 20, 2003, we began full notified the public in the NPRM that we interim and final DPM concentration enforcement of the interim would propose a separate rulemaking to limit in the underground metal and 3 concentration limit of 400TC µg/m . Our amend the existing final concentration µ 3 nonmetal mining environment with enforcement policy was also based on limit of 160TC g/m . We also requested staggered effective dates for the terms of the second partial comments on an appropriate final DPM implementation of the concentration settlement agreement and includes the limit and solicited additional limits. The interim concentration limit use of elemental carbon (EC) as an information on feasibility. The proposed µ 3 of 400TC g/m was to become effective analyte to ensure that a citation based rule also addressed the interim on July 20, 2002. The final on the 400 TC concentration limit is concentration limit by proposing a µ 3 µ 3 concentration limit of 160TC g/m is valid and not the result of interferences comparable PEL of 308 g/m based on scheduled to become effective January (67 FR 47298). The policy was the EC surrogate and included a number 20, 2006. In the 2001 final rule, we discussed with the DPM litigants and of other provisions. projected that the mining industry stakeholders on July 17, 2003. C. Final Rule Revising the Interim would meet the final concentration limit Concentration Limit in their mines through the use of diesel III. Rulemaking History We published the final rule revising particulate filtration devices, ventilation A. Advance Notice of Proposed the interim concentration limit on June changes, and the turnover of equipment Rulemaking (ANPRM) on the Interim 6, 2005 (70 FR 32868). This rule and engines to less polluting models (66 and Final Concentration Limits FR 5713, 5888). changed the interim concentration limit Several mining trade associations and On September 25, 2002, we published of 400 µg/m3 measured by TC to a individual mine operators challenged an Advance Notice of Proposed comparable PEL of 308 µg/m3 measured the final rule and the United Rulemaking (ANPRM) (67 FR 60199). by EC. The rule requires our Steelworkers of America (USWA) We noted in the ANPRM that the scope longstanding hierarchy of controls that intervened in the case, which is now of the rulemaking was limited to the is used for our other exposure-based pending in the United States Court of terms of the Second Partial Settlement health standards at metal and nonmetal Appeals for the District of Columbia Agreement and posed a series of mines, but retains the prohibition on Circuit. The parties agreed to resolve questions to the mining community rotation of miners for compliance. their differences through settlement related to the 2001 final rule. We also Furthermore, the rule, among other negotiations with us and we delayed the stated our intent to propose a rule to things, requires us to consider economic effective date of certain provisions of revise the surrogate for the interim and as well as technological feasibility in the standard. final concentration limits and to determining if operators qualify for an propose a DPM control scheme similar extension of time in which to meet the A. First Partial Settlement Agreement to that included in our longstanding final DPM limit, and deletes the On July 5, 2001, as a result of an hierarchy of controls scheme used in requirement for a control plan. agreement reached in settlement our air quality standards (30 CFR 56/ Currently, the following provisions of negotiations, we published two notices 57.5001–.5006) for metal and nonmetal the DPM standard are effective: in the Federal Register. One notice (66 mines. In addition, we stated that we § 57.5060(a), establishing the interim FR 35518) delayed the effective date of would consider technological and PEL of 308 micrograms of EC per cubic § 57.5066(b) related to tagging economic feasibility for the meter of air which is comparable in requirements in the maintenance underground metal and nonmetal effect to 400 micrograms of TC per cubic standard. The second notice (66 FR mining industry to comply with revised meter of air; § 57.5060(d), Addressing 35521) proposed a rule to make limited interim and final DPM limits. We control requirements; § 57.5060(e), revisions to § 57.5066(b) and added a determined at that time that some mine Prohibiting rotation of miners for new paragraph to § 57.5067(b) operators had begun to implement compliance with the DPM standard; ‘‘Engines’’ regarding the definition of control technology on their § 57.5061, Compliance determinations; the term ‘‘introduced.’’ We published underground diesel-powered § 57.5065, Fueling practices; § 57.5066,

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Maintenance standards; § 57.5067, generated by diesel powered equipment technological infeasibility, but Engines; § 57.5070, Miner training; in several diverse underground mining continues to prohibit newer mines from § 57.5071, Exposure monitoring; and, operations which included an applying for extensions (70 FR 32966). § 57.5075, Diesel particulate records. underground limestone mine, an Following promulgation of the 2001 underground salt mine, and an final rule, we agreed to engage in a joint IV. Technological Feasibility underground gold mine. In each mine, MSHA/industry 31-Mine Study to, A. Introduction we concluded that the necessary among other things, assess the technological and economic feasibility When we promulgated the 2001 final combination of controls was available to of underground metal and nonmetal rule, we determined that control reduce DPM concentrations well below mine operators to achieve compliance technologies would be available by the final concentration limit. Based on with the interim and final DPM January 20, 2006 to reduce DPM these studies, we concluded that concentration limits. Feasibility at each concentrations to 160 µg/m3 engineering and work practice controls TC were available to reduce DPM of the 31 mines was determined using micrograms in all types of underground concentrations in all underground metal the Estimator. The analyses were based metal and nonmetal mines. In the 2001 and nonmetal mines to the required on the highest DPM sample result final rule, we established a new limits. We also distributed to the mining obtained at each mine and all major compliance scheme for these mine community our publication of ‘‘Practical DPM emission sources at each mine operators to implement that was Ways to Control Exposure to Diesel plus spare equipment. On January 6, distinguishable from that of our other Exhaust in Mining—a Toolbox’’ which 2003, we issued our final report exposure-based health standards by addresses various categories of available entitled, ‘‘MSHA’S Report on Data requiring that miners’ exposures be DPM controls. These categories of Collected during a Joint MSHA/Industry reduced to a full-shift equivalent controls include use of low emission Study of DPM Levels in Underground environmental or concentration limit engines, low sulfur fuel, aftertreatment Metal and Nonmetal Mines.’’ With where miners work or travel. devices, ventilation, enclosed cabs, regard to feasibility of compliance with Historically, our metal and nonmetal engine maintenance, work practices and both the interim and final concentration exposure-based health standards have training, fleet management, and limits, we concluded in the study that been based on a miner’s full-shift respiratory protective equipment (66 FR it may be both technologically and personal exposure and required that 5712–13). Furthermore, we also economically feasible for metal and mine operators reduce miners’ examined information regarding types nonmetal underground mines to comply exposures to hazardous chemical of engines and equipment found in with the 2001 rule. At that time, substances by establishing a hierarchy underground metal and nonmetal mines however, we acknowledged our limited of controls utilizing feasible engineering along with their various ventilation in-mine documentation on and administrative controls systems and concluded that the 2001 implementation of DPM control supplemented by respiratory protection, final rule was technologically feasible technology with issues such as if necessary. Since, we were regulating for the mining industry (66 FR 5889). retrofitting and regeneration of filters. DPM for the first time we needed a tool We also concluded that the 2001 final Consequently, we committed to to help us to determine whether the rule was economically feasible but continue to consult with the National mining industry was capable of meeting recognized the broad impact of the rule Institute for Occupational Safety and the interim and final concentration on the underground metal and nonmetal Health, industry and labor limits of the 2001 final rule using a sector of the mining industry. We representatives on the availability of combination of engineering and work estimated that the annual cost of the practical mine worthy filter technology. practice controls. We also needed a 2001 final rule for these mines would be NIOSH peer reviewed our final report of compliance assistance tool to help mine $25.1 million. The cost for an average the 31-Mine Study (70 FR 32870–73). operators with selection of feasible underground metal and nonmetal mine Furthermore, by letter to MSHA dated controls from technology unfamiliar to was projected to be approximately June 25, 2003, NIOSH stated that: the mining industry. Consequently, we $128,000 annually primarily for developed the Estimator. investment in equipment to meet the Operators will need to make informed decisions regarding filter selection, The Estimator mathematically interim and final concentration limits. calculates the effect of any combination retrofitting, engine and equipment In reaching our cost estimates, we deployment, operation, and maintenance, of engineering and ventilation controls anticipated that the interim and specifically work through issues such as on existing DPM concentrations in a concentration limit would be met in-use efficiencies, secondary emissions, given production area of a mine. This primarily with the use of diesel engine backpressure, DPF regeneration, DPF model is in the form of a spreadsheet particulate filters (DPFs), environmental reliability and durability. NIOSH is of the template that permits instant display of cabs, and ventilation; and the final opinion that these issues can be solved if the outcomes as inputs are altered. concentration limit would be met with informed decisions mentioned above are made. (70 FR 32923) Depending on the amount and type of expanded use of DPFs, ventilation, and equipment an operator uses, mining turnover in equipment to less polluting In the 2005 rulemaking on the interim companies could use the Estimator to models (66 FR 5713, 5888). limit, we revised our approach to evaluate the effectiveness of these We included a provision in the 2001 reducing DPM levels by establishing our controls prior to purchasing and final rule to allow an additional two longstanding hierarchy of controls used installing such controls. We encouraged years for mines experiencing difficulty for regulating our other exposure-based mine operators to use this tool to assist in reducing DPM levels to the final health standards at metal and nonmetal them in making their decisions concentration limit due to technological mines. Also, we changed the regarding the appropriate controls for constraints (66 FR 5861). The June 6, concentration limit to a permissible their mines in meeting the 2001 2005, final rule on the interim limit exposure limit whereby we measure a concentration limits. subsequently revised the extension miner’s personal exposure. The In the preamble to the 2001 final rule, requirement to provide one year, Estimator became less significant from we included data from our studies renewable, extensions to comply with our perspective in demonstrating where we evaluated emissions the final limit, based on economic or feasibility since the 2005 rulemaking

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record included more extensive purchasing and installing certain types applications, engineering and related evidence on the ability of the mining of controls. technological implementation issues that we believed would have been easily industry to meet the interim limit in 1. MSHA’s 2001 Assumptions Regarding solved by now are more complex and 2005. Specifically, our rulemaking Compliance With the Final extensive than previously thought. record included: our final report on the Concentration Limit 31-Mine Study; NIOSH’s peer review of Although DPF systems have been the 31-Mine Study; results from our The assumptions that we used in 2001 proven to be highly effective in reducing baseline sampling at mines covered in support of our cost estimates elemental carbon, mines are currently under the DPM standard; results of our included: experiencing problems with selection comprehensive compliance assistance (a) Fifty percent of the fleet will have new and implementation of DPF systems for work at mining operations with engines (these new engines do not impact complying with the interim limit. Since implementation issues affecting cost of the rule) * * * Moreover, due to EPA the final limit will require mines to feasibility; NIOSH’s conclusions on the [Environmental Protection Agency] install more DPF systems, these regulations which will limit DPM emissions selection and implementation problems performance of the SKC sampler and the from engines used in surface construction, will extend over a large portion of the availability of technology for control of surface mining, and over-the-road trucks (the mining industry. At this time we believe DPM; NIOSH’s Diesel Emissions major markets for heavy duty diesel engines), that solutions to the problems of the market for low tech ‘‘dirtier’’ engines will Workshops in 2003 in Cincinnati and selection and implementation have not Salt Lake City; the Filter Selection dry up * * * (b) one hundred percent of the production equipment and about fifty proceeded as quickly as anticipated Guide posted on the MSHA and NIOSH since promulgation of the 2001 final web sites; MSHA’s final report on DPM percent of the support equipment will be equipped with filters; (c) about thirty percent rule and many mines will not be able to filter efficiency; NIOSH’s report titled, of all equipment will need to be equipped achieve the final limit by January 20, ‘‘Review of Technology Available to the with environmentally controlled cabs; (d) 2006. Some of the implementation and Underground Mining Industry for twenty three percent of the mines would operational difficulties encountered Control of Diesel Emissions’; and, the need new ventilation systems (fans and with the controls are discussed in the NIOSH Phase I Isozone study titled, motors); (e) forty percent of the mines will sections below. ‘‘The Effectiveness of Selected need new motors on these fans; and (f) thirty We seek additional information Technologies in Controlling Diesel two percent of the mines will need major regarding technological difficulties and ventilation upgrades (66 FR 5889–90). Emissions in an Underground Mine— whether they will increase the cost to Isolated Zone Study at Stillwater Furthermore, we concluded that it comply with the final concentration Mining Company’s Nye Mine,’’ all of would not be feasible to require this limit above that estimated in the 2001 which were developed following sector, as a whole, to lower DPM final rule. We are particularly interested promulgation of the 2001 DPM final rule concentrations further, or to implement in whether mine operators have (70 FR 32916). the required controls more swiftly (66 attempted to institute DPF systems that FR 5888). To attain the interim DPM limit, mine are impractical or have failed to work operators are required to install, use, 2. Reasons Why the 2001 Assumptions for their mining operations. We wish to and maintain engineering and Are Now Being Questioned. know what types and sizes of DPFs have been evaluated, what types of administrative controls to the extent 1 During the 4 ⁄2 years since the 2001 equipment have been fitted with DPFs, feasible. When these controls do not final rule was promulgated, the mining reduce a miner’s exposure to the DPM what types and horsepower of engines industry and MSHA have gained were installed on the equipment, details limit, controls are infeasible, or controls considerable experience with the concerning monitoring of equipment do not produce significant reductions in implementation, use, and cost of DPM exhaust temperatures prior to specifying DPM exposures, operators must control technology. Miners’ DPM a DPF for a given application, whether continue to use all feasible engineering exposures have also have declined DPF installations include a provision for and administrative controls and significantly from a mean of backpressure monitoring, DPF supplement them with respiratory µ 3 µ 3 µ 3 808DPM g/m (646TC g/m g/m maintenance intervals, DPF life, the protection. When respiratory protection equivalent) prior to the implementation results of any DPF failure mode is required under the final standard, µ of the standard, to a mean of 233TC g/ analysis, DPM reductions obtained, and mine operators must establish a m3 based on current enforcement any other data related to in-mine respiratory protection program that sampling. The industry, however, is experiences with DPFs on underground meets the specified requirements. At encountering economic and metal and nonmetal mining equipment. this time, we believe that this technological feasibility issues with We believe that wider use of compliance approach coupled with the DPM controls as they strive to reduce alternative fuels and filter technology 3 time-frame for complying with the levels below the interim limit. When we can make the 160TC µg/m final limit phased-in limits provides mine established the 2001 final limit, we were feasible if a staggered phase-in approach operators with maximum flexibility in expecting some mine operators to is adopted. By lowering the exposure compliance. We believe that this current encounter difficulties implementing limit in intervals over five years compliance approach which control technology because the rule was beginning in January 2007, market incorporates the industrial hygiene technology forcing. We projected that by forces should have sufficient time and concept of a hierarchy of controls this time, practical and effective filter incentive to adjust to the new standard. scheme for implementing DPM controls technology would be available that Specifically, a reliable alternative fuel would result in feasibility of compliance could be retrofitted onto most distribution system should induce mine with each of the phased-in limits underground diesel powered operators to adopt this relatively low- contained in this proposal. However, we equipment. However, as a result of our cost method to achieve compliance. The continue to acknowledge that compliance assistance efforts and development and distribution of compliance difficulties may be through our enforcement of the interim alternative fuels is also encouraged by encountered at some mines due to limit, we have become aware that this existing tax credits. We believe that implementation issues and the cost of assumption may not be valid. The regional distribution networks are

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beginning to emerge. We seek data on Currently, however, logistical Institute for Occupational Safety and alternative fuel distribution systems. problems exist with the distribution of Health (NIOSH), industry trade Retrofit options for self-cleaning these fuels to remote mining areas, and associations, and organized labor. We filters should increase as the filter the effect of these fuels on power output are not a member of the Partnership manufacturers become assured of a and operation at high altitude needs to because of our ongoing DPM rulemaking reliable market for the devices. Use of be addressed more fully. activities. The primary purpose of the newer equipment with cleaner engines Although MSHA, industry, and the Partnership is to identify will also increase as older equipment is Diesel Partnership are actively working technologically and economically retired from service. We anticipate that to address these concerns, additional feasible controls using existing and this staggered approach will provide the time may be needed to find effective available technology that can be needed time to resolve these logistical solutions for the implementation of retrofitted onto existing diesel powered and operational issues, and DPM controls. equipment in underground metal and nonmetal mines to reduce diesel consequently, may not increase our B. Background 2001 projection of the cost of particulate matter emissions to, or compliance with the rule. During this 1. Diversity of Underground Mines below, our interim and final limits. phase-in, we will continue to work with Affected By the Final DPM The Partnership has been actively the Diesel Partnership (discussed below) Concentration Limit involved with NIOSH in its work on diesel particulate control technology and the mining industry to address the The metal and nonmetal mining DPF selection and implementation including its isolated zone studies at the industry has 177 underground mines Stillwater Mine in Montana. NIOSH has problems and identify effective that use numerous pieces of diesel solutions for the diverse metal and published the following reports of its powered equipment, widely distributed work with the Partnership: ‘‘The nonmetal mining environment. throughout each mining operation. Additionally, we request comments on Effectiveness of Selected Technologies These mines employ an array of mining in Controlling Diesel Emissions in an the percentage of diesel equipment, by technologies to produce commodities mine size, in metal and nonmetal mines Underground Mine—Isolated Zone including metals such as lead, zinc, Study at Stillwater Mining Company’s that currently have newer, low DPM platinum, gold, silver, etc. Also, there emitting engines such as EPA Tier I and Nye Mine (Phase I Study);’’ ‘‘An are different types of nonmetal mines Evaluation of the Effects of Diesel Tier 2 compliant engines. Our 2001 cost that produce stone products such as estimates were based, in part, on the Particulate Filter Systems on Air limestone, dolomite, sandstone, and Quality and Personal Exposure of assumption that by the effective date of marble. Other underground nonmetal the final limit, 50% of the diesel Miners at Stillwater Mining Case Study: mines produce clay, potash, trona, soda Production Zone (Phase II Study);’’ and, equipment fleet would have new ash, and salt. Not only do these mines engines (66 FR 5889). We are interested ‘‘The Effectiveness of Reformulated vary in the commodities that they Fuels and Aftertreatment Technologies in whether our 2001 assumption was produce, but they also use different accurate. If the percentage is lower than in Controlling Diesel Emissions (Phase mine designs and mining techniques III—A Study in an Isolated Zone at originally estimated, it may require the such as room and pillar mining and industry to rely even more heavily on Stillwater Mining Company’s Nye Mine stope mining. Some of these mines are August 31–September 11, 2004).’’ filters and other types of controls at large, complex multilevel mines, while added costs. Relying on DPFs to be NIOSH stated in its conclusion to the others are small adit-type mines. Phase III study that: installed on older, higher DPM emitting Ventilation levels in these mines also engines may also introduce additional vary widely. Many limestone mines This study did not address the important implementation issues since DPF have only natural ventilation with critical path of economic and technical manufacturers normally do not aspects relating to implementation of the variable air movement, whereas trona studied technologies into underground recommend adding DPFs to older mines have high ventilation rates to mines. The successful implementation of engines. Although we recognize various dilute and remove methane gas released control technologies is predicated on types of controls that mine operators in the mining process. There are also addressing issues which are relatively unique could use to reduce miner exposure to deep metal mines with multiple levels to each mine and even to individual DPM, we believe that turnover in that have far less ventilation than that applications within a given mine. Most of equipment to less polluting models and found in underground trona mines. these technical and operational issues could the use of DPFs would be the primary be investigated through a series of long-term Furthermore, many metal and nonmetal field studies where control technologies method of achieving compliance with mines are located in remote areas of the would be wisely selected and optimized for the final DPM limit. country, at high altitudes, or are subject the applications, performance of the We also recognize promising to extremely hot or cold environments. technologies would be continuously advances in alternative fuel technology Considering these factors as a whole, we monitored and the effects of the controls on since the 2001 final rule was have found that there is no single concentrations of diesel pollutants in the promulgated. These fuels can be solution to control technology that mine air would be periodically assessed. The extremely effective in reducing DPM findings of such studies would allow would be effective for all metal and operators to make informed decisions emissions. Additionally, the fuels nonmetal mines in significantly regarding the selection, optimization and would be in tune with recent U.S. reducing current DPM levels to or below implementation of control technologies for initiatives towards greater energy the final DPM concentration limit of its applications and maximize the benefits of independence. On October 22, 2004, 160TC micrograms. using those technologies. It is recommended President Bush signed into law a 50- that these studies be designed and cent-per-gallon tax credit for producers 2. Work of the M/NM Diesel Partnership undertaken under the leadership of the of bio-diesel. He also extended federal (the Partnership) Metal/Nonmetal Diesel Partnership. tax credits for ethanol through 2007 as Since promulgation of the January On-going NIOSH diesel research part of H.R. 4520, also known as the 2001 final rule, we have worked with a related to the Partnership includes a American Jobs Creation Act of 2004 Partnership that is composed of contract that the NIOSH Pittsburgh (Pub. L. 108–357). representatives from the National Research Laboratory issued to Johnson

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Matthey Catalyst to develop a system to exceed the final concentration limit. miners’ exposures through expanded control nitrogen dioxide (NO2) Although exposures have decreased use of DPFs. emissions from diesel-powered with implementation of controls and While passive DPF regeneration underground mining vehicles equipped enforcement of the interim systems are preferred over active with the Johnson Matthey’s concentration limit, we have tentatively regeneration systems, many pieces of  Continuously Regenerating Trap (CRT ) concluded that the 160TC microgram mining equipment do not have duty system. This system promotes final concentration limit presents a cycles that will consistently support regeneration at lower temperatures and significant challenge to a substantial passive regeneration. Passive is widely used in urban bus number of underground mine operators regeneration is the process where the applications. If the results of laboratory and compliance may not be feasible by exhaust gas temperature produced by evaluations show that a system is January 2006. That conclusion is the engine is sufficient to burn off the suitable for use in underground mining, supported by our current enforcement collected DPM on the DPF. Passive NIOSH would continue studying this sampling results that indicate that many regeneration is normally preferred control technology with a long-term mining operations have exposures above because a DPF can be installed on a field evaluation in an underground the 160TC concentration limit, and machine, and the operator does not have mine. availability of effective control to be concerned with removing the DPF technology that will reduce exposures to C. Remaining Technological Feasibility on a routine schedule that may occur at the final limit is speculative at this time. Issues the end of every shift. However, passive Moreover, comments from industry regeneration does require the machine In January 2001, we concluded that trade associations and individual mine operator to monitor the engine’s exhaust technology existed to sample accurately operators in the post-January 2001 gas backpressure. As the DPF loads up for DPM with a TC method and to bring rulemakings recommended that we with DPM, the inability of the exhaust DPM levels to the 160 TC level by repeal the 160 limit as technologically gas to burn off the DPM allows the January 2006 (66 FR at 5889). We infeasible. Organized labor, on the other backpressure to increase. Increasing the further concluded that if any particular hand, has recommended that a limit backpressure above the manufacturer’s mine found unforeseen technological below 160 is technologically feasible. specifications can cause engine and DPF barriers to meeting the January 2006 We request comments on whether damage. We request information on the deadline, it could apply for an extension compliance is technologically feasible number of currently installed passive of up to two additional years to comply by January 2006 and the regeneration DPF filters. Also, we are with the 160 limit (66 FR at 5889). Our appropriateness of a multi-year phase- interested in the methods used by the discussion of technological feasibility in in of the final limit. We also request industry to match a passive support of the interim PEL of 308 µg/ EC comments and data on when the regeneration DPF to a machine. m3 in the June 6, 2005 final rule technology will be feasible. Specific concluded that it was technologically However, we are aware that two technological implementation issues are identical machines operating in two feasible to reduce underground miners’ discussed in more detail in the exposures to the interim PEL by using different mines may not both be able to following subsections C.1 through C.4. use passive regeneration. We would be available engineering control technology We also request comments on whether interested in comments about practical and various administrative control compliance difficulties may lead to experience with these implementation methods. In fact, our testing at another problem by requiring a large issues. Kennecott Minerals Green’s Creek Mine number of miners to wear respirators showed that ceramic diesel particulate until feasible controls are fully If passive regeneration is infeasible, filters (DPFs) were capable of reducing implemented. We have never had a active regeneration is an alternative. diesel exposures by 95%. However, we standard that resulted in a significant Active regeneration depends on an acknowledged that compliance percentage of the workforce being external heat source for burning off the difficulties may be encountered at some required to wear respiratory protection, DPM. Mine operators have informed us mines due to implementation issues and and we are concerned about the impact that some mining operations cannot the cost of purchasing and installing on worker acceptance of the rule and utilize active regeneration due to certain types of controls. Specifically, about mine operators’ ability to remain physical size of filters, machine down implementation issues may adversely productive. We are interested in public time, or the cost associated with affect the feasibility of using DPFs to comment on how many miners would underground regeneration stations reduce exposures despite the results need to wear respirators to comply with required for DPF regeneration. We reported in NIOSH’s Phase I Isozone the 2001 final limit and proposed multi- request that commenters submit Study. year phase-in of the final limit, and information from the mines that are Our experience since January 2001 whether in each case they would need utilizing active regeneration including has raised questions on technological to wear respirators for their entire work data regarding the benefits and the feasibility for the mining industry as a shift, whether this amount of respirator practicability of active regenerating whole, rather than for a small number usage is practical, and any other filters. of individual mines, to meet the 160 TC comments or observations concerning Engine emissions and exhaust flows concentration limit by January 20, 2006. this issue. also affect the size of the DPF that needs When we conducted our baseline to be installed. Both of these factors can sampling in 2002 and 2003, we found 1. Implementation of Available DPFs affect both passive and active that over 75% of the underground mines We continue to project that many regeneration. If the DPF is undersized covered by the 2001 final rule have mine operators will have to use DPFs to for a particular application due to high levels that would exceed the final reduce DPM levels to the final DPM emissions or high exhaust flows, a concentration limit of 160TC concentration limit. The mining passive or active DPF system may not micrograms. Our current enforcement industry maintains that while some make it through the entire shift before data indicate that approximately 65% of operators are using DPFs to control it must be taken out of service for the underground mines covered by the miners’ exposures to the interim PEL, it regeneration because of the high 2001 final rule have levels that would is infeasible for them to further reduce backpressure.

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While some of the mining industry DPF manufacturers utilize catalyst they could decrease tailpipe DPM has made improvements by replacing technology to lower the temperature emissions. In each application the older engines with newer engines in needed for successful passive change to an alternative fuel had a order to reduce DPM emissions, we regeneration. By lowering the exhaust positive impact on reducing engine believe this has occurred mostly for the gas temperature needed for passive emissions and miners’ exposures to larger horsepower engines, greater than regeneration, a broader range of DPM. In some cases, reductions of 50 to 150 hp. Smaller engines normally found machines will have the necessary duty 80+ percent were measured. While we in the support equipment have not had cycle to generate the exhaust gas found notable benefits, the use of DPM reductions equivalent to the larger temperature needed to burn the DPM. alternative fuels can also cause engines. Since we estimated that 50% of However, when a platinum coating is equipment operation issues for mine the support equipment would probably used as the catalyst, it can also increase operators. These operational issues have need DPFs for compliance with the final the nitrogen dioxide (NO2) emissions included initial clogging of the fuel limit (66 FR 5889–90), the higher DPM from the engine exhaust. In mines with filters when bio-diesel is used, emissions from the engines used in low ventilation rates, the increased NO2 reduction of horsepower with the use of support equipment can further emissions can also result in increased water emulsion fuels, and management complicate the impact on compliance. NO2 exposures to potentially dangerous of proper fueling of the correct fuel into The mining industry has stated that it levels for miners. We discuss this issue specific machines. While these needs additional time to further in the final rule on the interim PEL (70 operational issues could be overcome, evaluate the proper sizing of DPF FR 32924–26). Therefore, other methods each mine has to work through systems for both passive and active for passive regeneration are being implementation issues on a case-by-case regeneration. developed to resolve these issues. basis. We seek further comment regarding In 2004, the NIOSH Pittsburgh The most common problem with these technological implementation Research Laboratory issued a contract to alternative fuels is lack of geographic issues as they affect feasibility of Johnson Matthey to develop a system proximity of most mines to a fuel compliance with the final concentration that can regenerate at lower exhaust gas distributor. Fuel distribution centers limit including the practicality of temperatures and control NO2 tend to be near large cities. As a result, available DPM control technology. We emissions. The system is based on alternative fuels need to be transported request that the mining community Johnson Matthey’s CRT system and to mine sites, in some cases significantly specifically address issues surrounding promotes regeneration at lower increasing costs. Fuel manufacturers are off-board regeneration: back pressure temperatures. Such DPFs are widely building distribution centers near build up; frequency of the necessity to used in urban bus applications and are mining areas to reduce the clean DPFs; the difficulty of placement capable of passively regenerating DPFs transportation costs, but these centers of regeneration stations; and at the temperatures commonly seen in will take some additional time to information on the extent to which the exhausts of underground mining complete. Limited distribution is also a diesel powered equipment equipment (above 250 °C for at least feasibility issue for metal and nonmetal accommodates a retrofit of the DPF. 40% of the operation time). mine operators who seek to obtain ultra The laboratory evaluation of the low sulfur fuel. However, as discussed 2. Benefits of On-Board Regeneration systems is being executed under NIOSH elsewhere in this preamble, the  a. ArvinMeritor System. The contract by the Center for Diesel commercial availability of ultra low  ArvinMeritor system, which utilizes Research (CDR) at the University of sulfur fuel will increase during 2006 active regeneration of the DPF, offers Minnesota. The objective is to examine and beyond when on-highway vehicles great potential for underground mines performance and suitability of the in the United States will be required by in further reducing DPM exposures. The systems relative to heavy-duty diesel the EPA to use only this type of diesel  ArvinMeritor system utilizes an on- engines in underground mining fuel. board fuel burner system to regenerate applications, with specific focus on the a. Water Emulsion Fuels. Water DPFs. This system actively regenerates effectiveness of controlling NO2. If the emulsion fuels, such as PuriNox, are the filter media during normal results of laboratory evaluations show blends of diesel fuels and water. The equipment operations by causing the that the system is suitable for use in water is held in suspension with a fuel to ignite the burner and thereby underground applications, NIOSH surfactant. The water in the fuel reduces increase the exhaust temperature in the would continue to study this promising the engine combustion temperature filter system. Consequently, this system control with a long-term field evaluation resulting in reduced NO2 and reduced does not require the host vehicle to in an underground mine environment. DPM emissions. However, the added travel to a regeneration station to We request comments from the mining water also reduces the engine’s regenerate the DPF. The condition of the community regarding the foreseeable horsepower. While the per gallon price DPF is monitored via sensors. While utility of these and other new control of the water emulsion fuel is the same this product was successfully evaluated technologies for reducing DPM levels in as standard fuel, we are aware of at Stillwater’s Nye Mine, we have underground metal and nonmetal increases in engine consumption of recently learned that the manufacturer mines. these fuels by as much as 15 percent. has decided to concentrate on working However, continued increased use in with Original Equipment Manufacturers 3. Operators’ Limited Access to mines is currently limited due to lack of (OEMs) where they would be selling 50 Alternative Fuels and Ultra Low- fuel availability in most mining regions. units or more to one customer rather Sulphur Fuels Manufacturers of this fuel must install than selling one or two units per During our compliance assistance centralized blender facilities in order to customer. efforts, we observed mines with several make the fuel more available and b. Johnson Matthey’s CRT System for applications of alternative fuels, economically feasible for use by the DPM reduction (Johnson Matthey). As including water emulsion fuels and bio- metal and nonmetal mining industry. stated above, passive regeneration works diesel fuels both of which are EPA Some fuel system issues have also by using the exhaust gas generated by approved fuels. We subsequently tested been observed with some engines using the engine to burn the DPM. Normally, these alternative fuels to determine if water emulsion fuels. One issue appears

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to be with the use of very efficient water in the mixture. While any blend is lower EC and TC at similar rates, while separators used on engine fuel systems available, B20 is a 20 percent blend, and DPF and environmental cabs appear to to remove water from the fuel lines. A B50 is a 50 percent blend, etc., we note be more effective in reducing EC levels. very efficient water separator will that significant DPM reductions are not The actual TC to EC ratio could vary actually remove the water from the realized unless the bio-diesel blend from mine to mine, and even from one emulsion, thus affecting the engine’s exceeds 20 percent. We request section in a mine to another, based on performance. An engine manufacturer comments on the mining industry’s the mix of controls at a mine. We are that has experienced this with its experience with using bio-diesel fuels to seeking to maintain the level of engines has recommended replacing the reduce DPM exposures. protection for miners provided by the more efficient water separator with a 4. Installation of Environmental Cabs final limit promulgated by the 2001 less efficient one. final rule, pursuant to Section 101(a)(9) Another issue identified by some Environmental cabs are a proven of the Mine Act. When considering the mine operators is that some small means to reduce worker exposure to feasibility of compliance and sampling machines cannot run, or run poorly, on DPM. While much of the construction- constraints, we believe that the this fuel. We are not aware of any type equipment used in underground conversion factor from TC to EC for the testing that has been done to prove or stone mines comes equipped with phased-in final limits should take into disprove this. This may or may not be environmental cabs, the cabs on account the OC and EC ratios so that the due to less complex fuel systems that specialty mining equipment used in OC and EC components together would cannot handle a change in fuel underground hard rock mining are less be equivalent to a TC concentration. We properties. We request any information common, particularly in mines with are working with NIOSH to develop an that would help a mine operator narrow drifts or low seam heights. As appropriate conversion factor for determine if certain machines in a fleet mine operators realize the benefits of converting the TC limits of this cannot run efficiently on this type of cabs, more and more pieces of rulemaking to EC limits. Information fuel. equipment are being purchased or provided by NIOSH indicated that the Since water emulsion fuels have been retrofitted with environmental cabs. ratio of TC to EC in the 31-Mine Study associated with horsepower loss, mines These cabs provide protection for is 1.25 to 1.67 (70 FR 32944). NIOSH’s will have to determine through their workers not only from diesel particulate report on the Phase I study conducted own in-mine test if their machines can but also from noise and dust. in May, 2003, shows that the EC Many mines have begun a retrofit continue to operate efficiently even with reduction in the isolated zone with one program, but may require additional the power loss. Some situations where DPF system was 88% and that two other time to design and retrofit specialty the power loss could affect a machine’s systems gave greater than 96% EC mining equipment with environmental productivity occur at multilevel reductions when the measured underground mines at high altitudes. cabs. We request comments on the concentrations were normalized by Also, mines that require the use of mining industry’s experience with using ventilation rate. In the final report of the permissible engines with pre-chamber environmental cabs to reduce DPM Phase II study, NIOSH indicated that combustion, such as the metal and exposures. higher EC reductions were observed in nonmetal gassy mines, may need to V. Complexity of Developing an the field than were obtained in the determine any additional effects on Appropriate Conversion Factor for the laboratory for whole diesel particulate. these types of engines. These mines may Final Concentration Limit The results of these studies, as well as need additional time to assess the other mine studies NIOSH has impact of the elevation and grade on The June 6, 2005 rule uses a 1.3 conducted, help inform us of the EC to power loss. We request comments on conversion factor to convert the interim µ 3 µ 3 TC ratio at different DPM the mining industry’s experience with PEL of 400TC g/m to 308EC g/m , using water emulsion fuels to reduce because EC comprises only a fraction of concentrations. Measuring only the EC DPM exposures. TC. We used a factor of 1.3, to be component ensures that only diesel 3 particulate material is being measured. b. Bio-Diesel Fuels. While bio-diesel divided into 400TC µg/m , to produce a fuels are more readily available than reasonable estimate of TC without However, there are no established water emulsion fuels, there has not been interferences. The EC interim limit is relationships between the concentration a consistent supply or standard cost of based on the median TC to EC (TC/EC) of EC and total DPM under various the fuel. Both costs and demand for ratio of 1.3 that was observed for valid operating conditions. We welcome these fuels in the mining industry have samples in the 31-Mine Study and comments regarding the types of data been related primarily to tax credits agreed to in the second partial DPM we should request from NIOSH to assist available for using the fuel. With current settlement agreement (70 FR 32944). us in developing an appropriate tax credits, bio-diesel can be an Enforcement sample results to date have conversion factor for converting the TC 3 attractive fuel alternative for the mining also shown that for the 400TC µg/m limits of this proposed rule to EC limits. industry. However, we have observed interim limit, 1.3 is the most We will initiate a separate rulemaking maintenance issues with application of appropriate conversion factor. to determine what the correct TC to EC bio-diesel fuels similar to those However, we believe at this time that conversion factor will be for the phased- associated with water emulsion fuels. the 1.3 conversion factor may not be in final limits. In the meantime, we are Particularly, bio-diesel functions as a appropriate to convert the final phased- interested in receiving comments on solvent and cleans the fuel system. This in TC limits to EC because of the variety whether the record supports an EC PEL results in increased clogging and of DPM controls being adopted by mine without regard to any conversion factor, replacement of fuel filters. It may take operators since the 31-Mine Study. the appropriate conversion factor if one the mining industry some additional Depending on the types of DPM controls is used, and any other scientific time to assess the impact of the being installed at the mines, a new approaches for converting the existing increased maintenance on a mining conversion factor for EC may be needed. TC limit to an appropriate EC limit. operation. Clean engines have more of an impact However, if a rulemaking to establish a The other issue related to the use of on reducing OC levels. Alternative fuels, conversion factor is not complete before bio-diesel fuel is the percent of soy oil ventilation, and work practices seem to January 20, 2007, we are considering

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using the current 1.3 conversion factor § 57.5060(b) of the 2001 final rule operators continue the significant that we used to establish the interim establishing a final DPM concentration progress they have already 3 DPM PEL of 308 EC micrograms to limit of 160TC µg/m will not reduce demonstrated in reducing miners’ convert the phased-in final DPM TC miner protection. We are concerned that exposures to DPM. As a first step in limits to EC equivalents. As we did with the final concentration limit may be revising the final concentration limit, the interim TC limit pursuant to the July infeasible for the mining industry in we are proposing the interim PEL of 308 2002 settlement, we would use the EC January 2006. Feasibility issues with micrograms to remain in effect until equivalents as a check to validate that respect to operator compliance are January 20, 2007, based on feasibility an overexposure is not the result of discussed above. Also, an additional concerns with respect to compliance interferences. We are interested in concern is whether an effective and sampling strategy discussed above. receiving comments on this approach to sampling strategy exists to enforce the MSHA is interested in whether the enforcement of the 2007 PEL, assuming final TC concentration limits with TC as mining community believes at this time the conversion factor rulemaking is not the surrogate. Evidence in the that a reduction, after that date, of the 3 completed before January 20, 2007. rulemaking record after January 2001 PEL equivalent by 50TC µg/m each year µ 3 VI. Economic Feasibility suggests that, in many cases, there is no from 400TC g/m , is feasible and will practical sampling strategy that would provide additional time for the In January 2001, we estimated that adequately remove organic carbon implementation of controls and yearly cost of the final rule would be interferences that occur when TC is development of distribution systems for about 0.67% of yearly industry revenue, used as the surrogate. Furthermore, the alternative fuels. We also request which was less than the 1% ‘‘screen’’ of DPM settlement agreement does not information and comments on mining costs relative to revenues that we use as address appropriate enforcement industry current experiences with a presumptive benchmark of economic procedures for the final concentration feasibility of compliance with a limit feasibility (66 FR 5889). In this limit. We also believe at this time that lower than the current interim PEL of rulemaking to consider a phased-in the 1.3 conversion factor used for the 308 µg/m3 of elemental carbon (EC). approach to the final concentration limit final interim limit may not be The proposed rule would establish of 160 TC micrograms, we intend to use appropriate for substantially lower the existing interim PEL of 308 µg/m3 the entire rulemaking record supporting TC limits, such as the final TC as the new final PEL for one year until the 2001 final rule and the new 3 concentration limit of 160TC µg/m . January 20, 2007, and impose limits that information gathered during the recent Thus, we have concluded at this time rulemaking to promulgate the new are reduced by what we will determine that it is questionable whether the final interim PEL. Our data in the rulemaking in a separate rulemaking to be the concentration limit of 160 µg/m3 record established that few underground TC equivalent of 50 micrograms of total would provide any more protection for µ 3 mines would experience severe carbon from 400TC g/m each miners than the 308 µg/m3 interim economic hardship from enforcement of EC succeeding year until the final PEL of limit. We have the burden of proof to µ 3 the interim PEL. Our subsequent 160TC g/m is reached in 2011. confirm that an overexposure to DPM enforcement data have confirmed that Consistent with the 2005 final rule on actually occurred and the sample result the interim PEL is economically the interim limit, we propose to change is not due to interferences. If we were feasible. In order to gain a more the final limit from a concentration limit to enforce the final DPM concentration thorough rulemaking record, to a PEL. We request comments on limit of 160 µg/m3, we would need to particularly in light of recent TC whether five years is the correct validate a TC sample result, which technological developments, we request timeframe for reducing miners’ cannot be done without an appropriate comments on the economic feasibility of exposures to the 160 micrograms of TC conversion factor for EC. the final concentration limit of 160 TC as originally established in the 2001 We request comments on whether a standard and to have been effective in micrograms and implications of the five-year phase-in period for lowering proposed phase-in approach on the January 2006. Also, we request the final concentration limit to 160TC economic feasibility. information on whether the proposed µg/m3 complies with Section 101(a)(9) annual 50 microgram reductions of the VII. Section 101(a)(9) of the Mine Act of the Mine Act. final DPM limit are appropriate or, in Section 101(a)(9) of the Mine Act VIII. Section-by-Section Discussion of the alternative, should the final rule provides that: ‘‘No mandatory health or the Proposed Rule include an approach such as one or two safety standard promulgated under this reductions. title shall reduce the protection afforded A. Section 57.5060(b) We intend that the provisions miners by an existing mandatory health Section 57.5060(b) in the 2001 rule regarding extensions of time in which to or safety standard.’’ We interpret this established a final concentration limit of meet the final concentration limit 3 provision of the Mine Act to require that 160TC µg/m to become effective after pursuant to existing § 57.5060(c) would all of the health or safety benefits January 19, 2006. In this rulemaking, we apply to the limits established in resulting from a new standard be at least propose to stagger the effective dates for proposed § 57.5060(b) effective January equivalent to all of the health or safety implementation of the final DPM limit, 20, 2006. If a mine requires additional benefits resulting from the existing phased-in over a five year period. In a time to come into compliance with the standard when the two sets of benefits separate rulemaking, we will propose revised limit of 308 EC for the first year are evaluated as a whole. The U.S. Court changing the phased-in limits from TC as in proposed § 57.5060(b)(1) or with of Appeals for the D.C. Circuit approved to EC. As previously discussed in the final DPM limit established in any such a ‘‘net effects’’ application of Section IV, Technological Feasibility, other paragraph of proposed Section 101(a)(9). Int’l Union, UMWA v. issues have surfaced since promulgation § 57.5060(b) due to technological or Federal Mine Safety and Health Admin., of the 2001 final rule that indicate the economic constraints, the operator of 407 F. 3d 1250, 1256–57 (DC Cir. 2005). mining industry, taken as a whole, may the mine could file an application with We have tentatively concluded at this need additional time to address our District Manager for a special point that this proposed phase-in period implementation issues. We are still extension. We request your comments of the effective date of existing committed to ensuring that mine on the impact of granting extensions for

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compliance with exposure limits that special extension. Extensions involve We are interested in comments from are greater than the 160 TC final limit. paperwork which result in a document the mining community on whether we We intend to cite a violation of the that a mine operator can rely on for one should include in the final rule, DPM exposure limit only when we have year (renewable) to show our inspectors pursuant to Section 101(a)(7) of the solid evidence that a violation actually that we have determined that it is Mine Act, a provision requiring a occurred. Accordingly, we would technologically or economically medical evaluation to determine a continue to determine that an infeasible at this time for that particular miner’s ability to use a respirator before overexposure has occurred when a mine operator to achieve compliance the miner is fit tested or required to sample exceeds the interim limit using with the final limit using engineering work in an area of the mine where an appropriate error factor. The and administrative controls. If their respiratory protection must be used appropriate error factor would be miners are wearing respirators, they are under the final limits. In addition, we slightly different for each of the reduced in compliance and no citation is issued. are seeking comments on whether the PELs. Our error factor model accounts This is exactly the same test and the final rule should contain a requirement for both intra- and inter-laboratory same result under § 57.5060(d) at mines for transfer of a miner to an area of the analytical variability and combines that without a formal extension. Under the mine where respiratory protection is not variability with variability in pump flow current rule, mine operators must use required if a medical professional has rate and other sampling and analytic all feasible engineering and determined in the medical evaluation variables. The appropriate error factors administrative controls to achieve that the miner is unable to wear a will be based on the same statistically compliance. If we determine that respirator for medical reasons. sound paired-punch database as used reaching the final limit is infeasible for Currently, our standards do not for the existing exposure limit. When technological or economic reasons, and require medical transfer of metal and developed, they will be further over-exposed miners are in respirators, nonmetal miners. We are interested in discussed on our Web site at http:// the operator is deemed to be in whether the public believes that we www.msha.gov under, ‘‘Single Source compliance and no citation is issued. should amend the existing respiratory Page for Metal and Nonmetal Diesel We will periodically check to determine protection requirement at § 57.5060(d) Particulate Matter Regulations.’’ current DPM exposures and the ability by adding new paragraphs (d)(3) and B. Effect of Eliminating § 57.5060(c)(3)(i) of the mine operator to implement new (d)(4) that would address medical control technology. evaluation and transfer rights for The 2001 final rule included a We request comments on the benefits miners. We particularly want to know if requirement at § 57.5060(c)(3)(i) of current § 57.5060(c)(3)(i), and the the final rule should include the specifying that applications for a one- effects of deleting the requirement, following language: year special extension in which to along with the number of miners that (3) The mine operator must provide a comply with the final DPM would be affected if § 57.5060(c)(3)(i) concentration limit of 160 micrograms medical evaluation, at no cost to the miner, were eliminated. We also request to determine the miner’s ability to use a of TC include information adequate for comments on whether the elimination respirator before the miner is fit tested or the Secretary to ascertain that diesel- of § 57.5060(c)(3)(i) would result in a required to use the respirator to work at the powered equipment was used in the reduction in the current level of health mine. subject mine prior to October 29, 1998. protection afforded to miners. (4) Upon notification from the medical In our 2005 rule addressing the interim professional that a miner’s medical limit, we revised the extension IX. Medical Evaluation and Transfer examination shows evidence that the miner provisions, but we retained the October We believe that the phase-in approach is unable to wear a respirator, the miner must 29, 1998 factor for our District Manager of this proposed rule for ultimately be transferred to work in an existing position in an area of the same mine where respiratory to consider in granting extensions. The reducing miners’ exposures to 160 protection is not required. basis for limiting special extensions to micrograms of total carbon will resolve (i) The miner must continue to receive underground mines that operated many of the existing feasibility issues compensation at no less than the regular rate diesel-powered equipment prior to related to effectively implementing of pay in the classification held by that miner October 29, 1998 was that we released more engineering and administrative immediately prior to the transfer. our NPRM of our 2001 final rule on that controls in metal and nonmetal (ii) The miner must receive wage increases date. We reasoned that some mines in underground mines to enhance miners’ based upon the new work classification. operation prior to that date could health. Consequently, fewer miners We also solicit comments from the experience compliance difficulties would be required to wear a respirator public as to whether a transfer provision relating to such factors as the basic mine to supplement feasible engineering and in the final rule should address issues design, use of older equipment with administrative controls. Whereas most of notification to the District Manager of high DPM emissions, etc., and that as a mines can feasibly comply with the the health professional’s evaluation and result, some of these mines may require existing DPM interim PEL of 308 the fact that a miner will be transferred; additional time to attain compliance micrograms of elemental carbon, we the appropriate timeframe within which with the final DPM limit. Also, we expect that some miners will continue the transfer must be made; whether a envisioned that mines opened after that to have to wear respirators. With each record of the medical evaluation date would be using cleaner engines lower limit, more miners may have to conducted for each miner should be that would greatly benefit them in wear respirators for longer time periods maintained along with the correct complying with the 2001 final until controls become feasible. In the retention period; medical concentration limit. Now, we believe event that miners cannot wear a confidentiality; and any other relevant that our assumptions were incorrect. respirator, existing § 57.5060(d) allows issues such as costs to mine operators We now believe that it is unnecessary for the use of an air purifying respirator, for implementing a rule requiring to limit the application of extensions to such as those that are integrated into a medical evaluations and transfer of mines operating diesel equipment prior hardhat. We believe that such miners. to October 29, 1998, because under respirators are an effective option under We preliminarily estimate that current § 57.5060(c), it is voluntary as to the interim PEL for persons who cannot medical evaluation and transfer whether a mine operator applies for a wear a negative-pressure respirator. requirements, as described above in

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proposed § 57.5060(d)(3) and (3)(4), B. Costs $25,512,045, if compliance with the µ 3 would affect about 50 miners annually In Chapter IV of the Regulatory 160TC g/m final limit were for evaluation, about 3 miners annually Economic Analysis in support of the technologically feasible in 2006. The for transfer, and cost about $40,000 January 19, 2001 final rule (2001 REA), annualized value of this cost saving, annually. we estimated total yearly costs to using a discount rate of 7%, would be underground M/NM mines for the DPM $1,785,843. Table X–1 shows these X. Regulatory Impact Analysis final rule of $25,149,179 (p. 106). Of this calculations and also shows the A. Executive Order 12866 amount, $6,612,464 was the discounted breakdown of these cost savings by incremental yearly cost of compliance mine size. Executive Order 12866 requires with the final limit. The undiscounted 1 regulatory agencies to assess both the During the 4 ⁄2 years since the 2001 incremental yearly cost for compliance final rule was promulgated, the mining costs and benefits of regulations. In with the final limit was estimated as industry and MSHA have gained making this assessment, we determined $9,274,325 (p. 58).1 that this final rule will not have an This proposed rule would amend the considerable experience with the annual effect of $100 million or more on January 19, 2001 final DPM rule by implementation, use, and cost of DPM µ 3 control technology, which could result the economy, and therefore is not an phasing in the 160TC g/m final limit economically significant regulatory over a five-year period to address in cost changes. Therefore, we solicit action as defined by § 3(f)(1) of E.O. technological feasibility constraints that public comment concerning the cost of 12866. have arisen. The discounted present compliance, including any changes in value of the cost saving from this five- costs that may have occurred since the year phase-in period would be 2001 REA.

C. Benefits the miners’ families, to the miners’ 8.5 lung cancer deaths will be avoided employers, and to society at large. per year. We noted that this estimate In Chapter III of the Regulatory We have incorporated into this was a lower bound figure that could Economic Analysis in support of the significantly underestimate the January 19, 2001 final rule (2001 REA), rulemaking record the previous DPM rulemaking records, including the risk magnitude of the health benefits. For we demonstrated that the DPM final example, the estimate based on the rule for M/NM mines will reduce a assessment to the January 19, 2001 standard. Benefits of the January 19, mean value of all the quantitative significant health risk to underground estimates examined in the January 19, miners. This risk included the potential 2001 final rule include continued reductions in lung cancers. In the long 2001 final rule was 49 lung cancer for illnesses and premature death, as deaths avoided per year. well as the attendant costs of the risk to run, as the mining population turns over, we estimated that a minimum of

1 The following section, discussing benefits of the that observed in subsequent sampling of baseline we expect that the 2001 estimates of cost impacts proposed rule, notes that MSHA’s original estimate, and current DPM concentrations experienced by may have been inflated similarly. in 2001, of the benefits of the final limit assumed underground M/NM miners. To the extent that that mean miner exposure to DPM was larger than benefits were accordingly overestimated in 2001,

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Other benefits noted in the 2001 REA The 2001 risk assessment used the survivors to account for the risk of dying were reductions in the risk of premature best available data on DPM exposures at from causes other than lung cancer. death from cardiovascular, underground M/NM mines to quantify Occupational exposure is assumed to cardiopulmonary, or respiratory causes excess lung cancer risk. ‘‘Excess risk’’ begin at age 20 and to continue, for and reductions in the risk of sensory refers to the lifetime probability of dying surviving miners, until retirement at age irritation and respiratory symptoms. from lung cancer during or after a 45- 65. The accumulation of lifetime excess However, we did not include these year occupational DPM exposure. This risk continues after retirement through health benefits in its estimates because probability is expressed as the expected the age of 85 years. we could not make reliable or precise excess number of lung cancer deaths per Table X–2, taken from the 2001 risk quantitative estimates of them. thousand miners occupationally assessment, shows a range of excess Nevertheless, we noted that the exposed to DPM at a specified mean lung cancer estimates at mean exposures expected reductions in the risk of death DPM concentration. The excess is equal to the interim and final DPM calculated relative to baseline, age- limits. The eight exposure-response from cardiovascular, cardiopulmonary, specific lung cancer mortality rates models employed were based on studies or respiratory causes and the expected taken from standard mortality tables. In by Sa¨verin et al. (1999), Johnston et al. reductions in the risk of sensory order to properly estimate this excess, it (1997), and Steenland et al. (1998). irritation and respiratory symptoms are is necessary to calculate, at each year of Assuming that TC is 80 percent of likely to be substantial. You are life after occupational exposure begins, whole DPM, and that the mean ratio of encouraged to submit additional the expected number of persons TC to EC is 1.3, the interim DPM limit evidence of new scientific data related surviving to that age with and without of 500 µg/m3 shown in Table X–2 to the health risk to underground metal DPM exposure at the specified level. At corresponds to the 308 µg/m3 EC and nonmetal miners from exposure to each age, standard actuarial adjustments surrogate limit adopted under the June DPM. must be made in the number of 6, 2005 rulemaking.

TABLE X–2.—EXCESS LUNG CANCER RISK EXPECTED AT SPECIFIED DPM EXPOSURE LEVELS OVER AN OCCUPATIONAL LIFETIME (EXTRACTED FROM TABLE III–7 OF THE 2001 RISK ASSESSMENT).

Excess lung cancer deaths per 1000 occupationally exposed workers † Study and statistical model Final DPM Interim DPM limit 200 µg/ limit 500 µg/ m3 m3

Sa¨verin et al. (1999) Poisson, full cohort ...... 15 44 Cox, full cohort ...... 70 280 Poisson, subcohort ...... 93 391 Cox, subcohort ...... 182 677 Steenland et al. (1998) 5-year lag, log of cumulative exposure ...... 67 89 5-year lag, simple cumulative exposure ...... 159 620 Johnston et al. (1997) 15-year lag, mine-adjusted ...... 313 724 15-year lag, mine-unadjusted ...... 513 783 † Assumes 45-year occupational exposure at 1920 hours per year from age 20 to retirement at age 65. Lifetime risk of lung cancer adjusted for competing risk of death from other causes and calculated through age 85. Baseline lung cancer and overall mortality rates from NCHS (1996).

As explained in the June 6, 2005 final are still faced with an unacceptable risk underground mines. These effects are rule, the mean DPM concentration of lung cancer due to their occupational material health impairments as levels estimated from both the 31-Mine DPM exposures. specified under § 101(a)(6)(A) of the µ 3 Study (432–492 g/m , depending on Another principal conclusion of the Mine Act. From the recent enforcement whether trona mines are included) and 2001 risk assessment was: sample results, 135 out of the 183 mines the baseline samples (≈320 µg/m3) fall (73.8%) had at least one sample between the interim and final DPM By reducing DPM concentrations in exceeding the final exposure limit. limits shown in Table X–2. All of the underground mines, the rule will Because the exposure-response substantially reduce the risks of material exposure-response models shown are impairment faced by underground miners relationships shown in Table X–2 are monotonic (i.e., increased exposure exposed to DPM at current levels. monotonic, MSHA expects that yields increased excess risk, though not industry-wide implementation of the proportionately so). Therefore, using the Although DPM levels have apparently interim limit will significantly reduce most current available estimates of declined since 1889–1999, MSHA the risk of lung cancer among miners. mean exposure levels, they all predict expects that further improvements will This proposed rule would amend the excess lung cancer risks somewhere continue to significantly and January 19, 2001 final DPM rule by between those shown for the interim substantially reduce the health risks phasing in the final limit over a five- and final limits. Thus, despite identified for miners. There is clear year period to address technological substantial improvements apparently evidence of DPM’s adverse health feasibility constraints that have arisen. attained since the 1989–1999 sampling effects, not only at pre-2001 levels but By addressing the technological period addressed by the 2001 risk also at the generally lower levels feasibility issues in this way, this assessment, underground M/NM miners currently observed at many proposed rule would contribute to the

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realization of the benefits mentioned activities and publish that definition in combine these numbers and calculate above. the Federal Register. For the mining cost savings as a percentage of revenues. industry, SBA defines ‘‘small’’ as having Cost savings are 0.25% of revenues for XI. Regulatory Flexibility Act 500 or fewer workers. We have mines with fewer than 20 employees Certification traditionally considered small mines to and 0.06% of revenues for mines with The Regulatory Flexibility Act (RFA) be those with fewer than 20 workers. 500 or fewer employees. Since both cost requires regulatory agencies to consider To ensure that the rule conforms to savings calculations are less than one a rule’s economic impact on small the RFA, we analyzed the economic percent of revenues, there is no need to entities. Under the RFA, we must use impact on mines with 500 or fewer conduct an initial regulatory flexibility the Small Business Act definition of a workers and also on mines with fewer analysis. We solicit public comment small business concern in determining a than 20 workers. In Chapter V of the concerning the accuracy of these cost rule’s economic impact unless, after 2001 REA we estimated yearly revenues estimates. consultation with the SBA Office of for these mine sizes. In Table X–1 of this We certify that the rule will not have Advocacy, and after opportunity for preamble, we estimate the cost savings a significant economic impact on a public comment, we establish a to mines of various employment sizes. substantial number of small entities definition which is appropriate to our In Table XI–1 of this preamble we under either definition.

XII. Paperwork Reduction Act increase private sector expenditures by E. Executive Order 12988: Civil Justice Reform There are no paperwork provisions in more than $100 million annually, nor this proposed rule. would it significantly or uniquely affect small governments. Accordingly, the This proposed rule was written to provide a clear legal standard for XIII. Other Regulatory Considerations Unfunded Mandates Reform Act of 1995 affected conduct and was carefully (2 U.S.C. 1501 et seq.) requires no A. National Environmental Policy Act of reviewed to eliminate drafting errors 1969 further agency action or analysis. and ambiguities, so as to minimize We have reviewed this proposed rule C. The Treasury and General litigation and undue burden on the in accordance with the requirements of Government Appropriations Act of Federal court system. Accordingly, this the National Environmental Policy Act 1999: Assessment of Federal proposed rule would meet the (NEPA) of 1969 (42 U.S.C. 4321 et seq.), Regulations and Policies on Families applicable standards provided in the regulations of the Council on Section 3 of Executive Order 12988, Environmental Quality (40 U.S.C. part This proposed rule would have no Civil Justice Reform. affect on family well-being or stability, 1500), and the Department of Labor’s F. Executive Order 13045: Protection of NEPA procedures (29 CFR part 11). marital commitment, parental rights or Children From Environmental Health This proposed rule would have no authority, or income or poverty of Risks and Safety Risks significant impact on air, water, or soil families and children. Accordingly, quality; plant or animal life; the use of Section 654 of the Treasury and General This proposed rule would have no land; or other aspects of the human Government Appropriations Act of 1999 adverse impact on children. environment. As a result of this (5 U.S.C. 601 note) requires no further Accordingly, Executive Order 13045, environmental assessment, we find that agency action, analysis, or assessment. Protection of Children from the proposed rule would have no Environmental Health Risks and Safety D. Executive Order 12630: Government significant impact on the human Risks, as amended by Executive Orders environment. Accordingly, we have not Actions and Interference With 13229 and 13296, requires no further provided an environmental impact Constitutionally Protected Property agency action or analysis. Rights statement. We solicit public comment G. Executive Order 13132: Federalism concerning the accuracy and This proposed rule would not completeness of this environmental implement a policy with takings This proposed rule would not have assessment. ‘‘federalism implications,’’ because it implications. Accordingly, Executive would not ‘‘have substantial direct B. The Unfunded Mandates Reform Act Order 12630, Governmental Actions and effects on the States, on the relationship of 1995 Interference with Constitutionally between the national government and This proposed rule does not include Protected Property Rights, requires no the States, or on the distribution of any Federal mandate that may result in further agency action or analysis. power and responsibilities among the increased expenditures by State, local, various levels of government.’’ or tribal governments, nor would it Accordingly, Executive Order 13132,

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Federalism, requires no further agency appropriate account of its potential micrograms of elemental carbon per 3 action or analysis. impact on small businesses, small cubic meter of air (308EC µg/m ). governmental jurisdictions, and small (2) Effective January 20, 2007, a H. Executive Order 13175: Consultation organizations. As discussed in Section miner’s personal exposure to diesel and Coordination With Indian Tribal XI of this preamble, we have determined particulate matter (DPM) in an Governments and certified that this proposed rule underground mine must not exceed an This proposed rule would not have would not have a significant economic average eight-hour equivalent full shift ‘‘tribal implications,’’ because it would impact on a substantial number of small airborne concentration of 350 not ‘‘have substantial direct effects on entities. Accordingly, Executive Order micrograms of total carbon per cubic 3 one or more Indian tribes, on the 13272, Proper Consideration of Small meter of air (350TC µg/m ). relationship between the Federal Entities in Agency Rulemaking, requires (3) Effective January 20, 2008, a government and Indian tribes, or on the no further agency action or analysis. miner’s personal exposure to diesel distribution of power and particulate matter (DPM) in an XIV. Proposed Rule Text responsibilities between the Federal underground mine must not exceed an government and Indian tribes.’’ List of Subjects in 30 CFR Part 57 average eight-hour equivalent full shift Accordingly, Executive Order 13175, airborne concentration of 300 Diesel particulate matter, Metal and Consultation and Coordination with micrograms of total carbon per cubic nonmetal, Mine safety and health, Indian Tribal Governments, requires no meter of air (300 µg/m3). Underground miners. TC further agency action or analysis. (4) Effective January 20, 2009, a Dated: September 1, 2005. I. Executive Order 13211: Actions miner’s personal exposure to diesel Concerning Regulations That David G. Dye, particulate matter (DPM) in an Significantly Affect Energy Supply, Deputy Assistant Secretary of Labor for Mine underground mine must not exceed an Distribution, or Use Safety and Health. average eight-hour equivalent full shift airborne concentration of 250 Regulation of the metal/nonmetal For reasons set forth in the preamble, we propose to amend Chapter 1 of Title micrograms of total carbon per cubic sector of the mining industry has no µ 3 30 as follows: meter of air (250TC g/m ). significant impact on the supply, (5) Effective January 20, 2010, a distribution, or use of energy. This PART —57 [AMENDED] miner’s personal exposure to diesel proposed rule is not a ‘‘significant particulate matter (DPM) in an energy action,’’ because it would not be 1. The authority citation for part 57 underground mine must not exceed an ‘‘likely to have a significant adverse reads follows: average eight-hour equivalent full shift effect on the supply, distribution, or use Authority: 30 U.S.C. 811 airborne concentration of 200 of energy * * * (including a shortfall in micrograms of total carbon per cubic supply, price increases, and increased 2. Section 57.5060 is amended by 3 meter of air (200TC µg/m ). use of foreign supplies).’’ Accordingly, revising paragraph (b) and removing (6) Effective January 20, 2011, a Executive Order 13211, Actions paragraph (c)(3)(i) to read as follows: miner’s personal exposure to diesel Concerning Regulations That particulate matter (DPM) in an Significantly Affect Energy Supply, § 57.5060 Limit on exposure to diesel particulate matter. underground mine must not exceed an Distribution, or Use, requires no further average eight-hour equivalent full shift agency action or analysis. * * * * * (b)(1) Effective January 20, 2006, a airborne concentration of 160 J. Executive Order 13272: Proper miner’s personal exposure to diesel micrograms of total carbon per cubic µ 3 Consideration of Small Entities in particulate matter (DPM) in an meter of air (160TC g/m ). Agency Rulemaking underground mine must not exceed an * * * * * We have thoroughly reviewed this average eight-hour equivalent full shift [FR Doc. 05–17802 Filed 9–6–05; 8:45 am] proposed rule to assess and take airborne concentration of 308 BILLING CODE 4510–43–P

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REMINDERS organizations; marking COURT SERVICES AND published 11-19-04 [FR The items in this list were requirements; Open for OFFENDER SUPERVISION 04-25693] editorially compiled as an aid comments until further AGENCY FOR THE ENERGY DEPARTMENT notice; published 8-26-05 DISTRICT OF COLUMBIA to Federal Register users. Energy Efficiency and [FR 05-16698] Inclusion or exclusion from Semi-annual agenda; Open for Renewable Energy Office comments until further this list has no legal AGRICULTURE Commercial and industrial notice; published 12-22-03 significance. DEPARTMENT equipment; energy efficiency [FR 03-25121] Agricultural Marketing program: Service DEFENSE DEPARTMENT RULES GOING INTO Test procedures and Acquisition regulations: EFFECT SEPTEMBER 7, Cotton classing, testing and efficiency standards— standards: 2005 Pilot Mentor-Protege Commercial packaged Classification services to Program; Open for boilers; Open for growers; 2004 user fees; comments until further comments until further ENVIRONMENTAL Open for comments until notice; published 12-15-04 notice; published 10-21- PROTECTION AGENCY further notice; published [FR 04-27351] 04 [FR 04-17730] Air quality implementation 5-28-04 [FR 04-12138] Federal Acquisition Regulation plans; approval and ENERGY DEPARTMENT Irish potatoes grown in— (FAR): promulgation; various Federal Energy Regulatory Contract termination; States: Colorado; comments due by Commission 9-12-05; published 8-22- supplement; comments Texas; published 8-8-05 Electric rate and corporate 05 [FR 05-16570] due by 9-12-05; published regulation filings: HEALTH AND HUMAN 7-12-05 [FR 05-13306] SERVICES DEPARTMENT AGRICULTURE Virginia Electric & Power DEPARTMENT Export-controlled acquisition Co. et al.; Open for Food and Drug regulation supplement; Natural Resources comments until further Administration comments due by 9-12- Conservation Service notice; published 10-1-03 Medical devices: 05; published 7-12-05 [FR Reports and guidance [FR 03-24818] Immunology and 05-13305] documents; availability, etc.: Natural gas companies microbiology devices— Fast payment procedures; (Natural Gas Act): Endotoxin Assay; Class II National Handbook of comments due by 9-12- Energy Policy Act of 2005; special controls Conservation Practices; 05; published 7-13-05 [FR implementation— classification; published Open for comments until 05-13617] further notice; published 9-7-05 Labor laws; comments due Liquefied natural gas 5-9-05 [FR 05-09150] terminals and other HOMELAND SECURITY by 9-12-05; published 7- COMMERCE DEPARTMENT 12-05 [FR 05-13307] natural gas facilities; DEPARTMENT pre-filing procedures; International Trade Customs and Border Material Inspection and comments due by 9-14- Administration Protection Bureau Recovery Report; 05; published 9-2-05 Harmonized Tariff Schedule of Antidumping and comments due by 9-12- [FR 05-17480] the United States: countervailing duties: 05; published 7-12-05 [FR 05-13304] Oil pipelines: General Note provisions; 19 Sunset review procedures; Producer Price Index for Freedom of Information Act; CFR Chapter 1 technical comments due by 9-14- Finished Goods; annual implementation; comments corrections; published 9-7- 05; published 8-15-05 [FR change; comments due by due by 9-12-05; published 05 05-16133] 9-13-05; published 7-15- 7-13-05 [FR 05-13742] INTERIOR DEPARTMENT COMMERCE DEPARTMENT 05 [FR 05-13909] EDUCATION DEPARTMENT Land Management Bureau National Oceanic and ENVIRONMENTAL Oil and gas operations: Atmospheric Administration Grants and cooperative PROTECTION AGENCY agreements; availability, etc.: Stripper well royalty Fishery conservation and Air pollutants, hazardous; reductions retention of management: Vocational and adult national emission standards: education— records; fees, rentals, and West Coast States and General provisions; royalty; published 9-7-05 Western Pacific Smaller Learning comments due by 9-12- Communities Program; LEGAL SERVICES fisheries— 05; published 7-29-05 [FR Open for comments CORPORATION Coastal pelagic species; 05-13497] until further notice; comments due by 9-13- Plywood and composite Legal assistance eligibility; published 2-25-05 [FR 05; published 8-29-05 wood products; comments maximum income guidelines; E5-00767] published 8-8-05 [FR 05-17142] due by 9-12-05; published Special education and Salmon; comments due 7-29-05 [FR 05-14532] TRANSPORTATION rehabilitative services: DEPARTMENT by 9-16-05; published Reconsideration; public 9-1-05 [FR 05-17453] Individuals with Disabilities hearing; comments due Federal Aviation Education Act (IDEA)— Administration Sea turtles; mitigation by 9-12-05; published National instruction 7-29-05 [FR 05-14533] Airworthiness directives: measures; comments due by 9-14-05; materials accessibility Air programs: Airbus; published 8-23-05 standard; establishment; published 8-15-05 [FR Ambient air quality Bombardier; published 8-23- comments due by 9-12- 05-16117] standards, national— 05 05; published 6-29-05 International fisheries [FR 05-12853] Fine particulate matter; regulations: regional haze standards COMMENTS DUE NEXT Pacific tuna— ENERGY DEPARTMENT for Class I Federal WEEK Eastern tropical Pacific Meetings: areas, large national Ocean; purse seine and Environmental Management parks and wilderness AGENCY FOR longline fisheries Site-Specific Advisory areas; comments due INTERNATIONAL restrictions; comments Board— by 9-17-05; published DEVELOPMENT due by 9-14-05; Oak Ridge Reservation, 8-1-05 [FR 05-14930] Assistance awards to U.S. published 8-15-05 [FR TN; Open for comments Air programs; approval and non-Governmental 05-16115] until further notice; promulgation; State plans

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for designated facilities and Meat and poultry products Medical devices— Underground mines— pollutants: processing facilities; Open Dental noble metal alloys Diesel particulate matter Maryland; comments due by for comments until further and base metal alloys; exposure of miners; 9-12-05; published 8-11- notice; published 9-8-04 Class II special comments due by 9-14- 05 [FR 05-15920] [FR 04-12017] controls; Open for 05; published 9-7-05 Air quality implementation FEDERAL comments until further [FR 05-17802] notice; published 8-23- plans; approval and COMMUNICATIONS NATIONAL AERONAUTICS 04 [FR 04-19179] promulgation; various COMMISSION AND SPACE States: Committees; establishment, HOMELAND SECURITY ADMINISTRATION California; comments due by DEPARTMENT renewal, termination, etc.: Federal Acquisition Regulation 9-12-05; published 8-11- Technological Advisory Coast Guard (FAR): 05 [FR 05-15831] Anchorage regulations: Council; Open for Fast payment procedures; Iowa; comments due by 9- comments until further Maryland; Open for 15-05; published 8-16-05 comments due by 9-12- notice; published 3-18-05 comments until further 05; published 7-13-05 [FR [FR 05-16223] [FR 05-05403] notice; published 1-14-04 Maryland; comments due by 05-13617] Common carrier services: [FR 04-00749] 9-14-05; published 8-15- Ports and waterways safety; NUCLEAR REGULATORY Interconnection— 05 [FR 05-16111] regulated navigation areas, COMMISSION Environmental statements; Incumbent local exchange safety zones, security Environmental statements; availability, etc.: carriers unbounding zones, etc.: availability, etc.: Coastal nonpoint pollution obligations; local Tampa Bay, FL; comments Fort Wayne State control program— competition provisions; due by 9-12-05; published Developmental Center; Minnesota and Texas; wireline services 7-12-05 [FR 05-13665] Open for comments until Open for comments offering advanced Regattas and marine parades: further notice; published telecommunications until further notice; John H. Kerr Reservoir, VA; 5-10-04 [FR 04-10516] capability; Open for published 10-16-03 [FR comments due by 9-16- comments until further POSTAL SERVICE 03-26087] 05; published 9-1-05 [FR notice; published 12-29- Domestic Mail Manual: Hazardous waste program 05-17428] authorizations: 04 [FR 04-28531] Periodicals mail prepared in HOUSING AND URBAN sacks; new standards; Ohio; comments due by 9- FEDERAL DEPOSIT DEVELOPMENT 12-05; published 8-11-05 INSURANCE CORPORATION comments due by 9-14- DEPARTMENT 05; published 8-15-05 [FR [FR 05-15922] Federal Deposit Insurance Act; Grants and cooperative 05-16200] Pesticides; tolerances in food, implementation: agreements; availability, etc.: SMALL BUSINESS animal feeds, and raw Annual independent audits Homeless assistance; ADMINISTRATION agricultural commodities: and reporting excess and surplus Imidacloprid; comments due requirements; comments Federal properties; Open Disaster loan areas: by 9-12-05; published 7- due by 9-16-05; published for comments until further Maine; Open for comments 13-05 [FR 05-13370] 8-2-05 [FR 05-15109] notice; published 8-5-05 until further notice; Potassium triiodide; GENERAL SERVICES [FR 05-15251] published 2-17-04 [FR 04- comments due by 9-12- ADMINISTRATION INTERIOR DEPARTMENT 03374] 05; published 7-13-05 [FR OFFICE OF UNITED STATES 05-13701] Federal Acquisition Regulation Fish and Wildlife Service TRADE REPRESENTATIVE Spirodiclofen; comments due (FAR): Endangered and threatened by 9-12-05; published 7- Fast payment procedures; species permit applications Trade Representative, Office 13-05 [FR 05-13774] comments due by 9-12- Recovery plans— of United States Superfund program: 05; published 7-13-05 [FR Paiute cutthroat trout; Generalized System of Toxic chemical release 05-13617] Open for comments Preferences: reporting; community right- HEALTH AND HUMAN until further notice; 2003 Annual Product to-know— SERVICES DEPARTMENT published 9-10-04 [FR Review, 2002 Annual 04-20517] Diisononyl phthalate Centers for Medicare & Country Practices Review, Endangered and threatened category; comments Medicaid Services and previously deferred species: product decisions; due by 9-12-05; Medicare: published 6-14-05 [FR Critical habitat petitions disposition; Open Hospital outpatient 05-11664] designations— for comments until further prospective payment Water pollution control: Spreading navarretia; notice; published 7-6-04 system and 2006 FY comments due by 9-14- [FR 04-15361] National Pollutant Discharge rates; comments due by Elimination System— 05; published 8-31-05 TRANSPORTATION 9-16-05; published 7-25- [FR 05-17452] Concentrated animal DEPARTMENT 05 [FR 05-14448] Western snowy plover; feeding operations in Federal Aviation HEALTH AND HUMAN comments due by 9-15- New Mexico and Administration SERVICES DEPARTMENT 05; published 8-16-05 Oklahoma; general Airworthiness directives: permit for discharges; Food and Drug [FR 05-16149] Airbus; comments due by 9- Open for comments Administration Findings on petitions, etc.— 15-05; published 8-16-05 until further notice; Reports and guidance Headwater and roundtail [FR 05-16178] published 12-7-04 [FR documents; availability, etc.: chub; Lower Colorado Boeing; comments due by 04-26817] Evaluating safety of River basin population; 9-12-05; published 7-27- Texas; general permit for antimicrobial new animal comments due by 9-12- 05 [FR 05-14790] territorial seas; Open for drugs with regard to their 05; published 7-12-05 comments until further microbiological effects on [FR 05-13315] Empresa Brasileira de notice; published 9-6-05 bacteria of human health LABOR DEPARTMENT Aeronautica S.A. [FR 05-17614] concern; Open for Mine Safety and Health (EMBRAER); comments Water pollution; effluent comments until further Administration due by 9-12-05; published guidelines for point source notice; published 10-27-03 Metal and nonmetal mine 8-17-05 [FR 05-16262] categories: [FR 03-27113] safety and health: Airworthiness standards:

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Special conditions— Safety regulation; periodic (phone, 202–512–1808). The Hurricane Katrina, 2005 (Sept. Boeing Model 747-400 updates; comments due text will also be made 2, 2005; 119 Stat. 1988) airplane; comments due by 9-16-05; published 7- available on the Internet from Last List August 4, 2005 by 9-12-05; published 18-05 [FR 05-14003] GPO Access at http:// 8-11-05 [FR 05-15856] www.gpoaccess.gov/plaws/ index.html. Some laws may Class B airspace; comments LIST OF PUBLIC LAWS due by 9-12-05; published not yet be available. Public Laws Electronic 7-29-05 [FR 05-14976] This is a continuing list of H.R. 6/P.L. 109–58 Notification Service TRANSPORTATION public bills from the current Energy Policy Act of 2005 (PENS) DEPARTMENT session of Congress which (Aug. 8, 2005; 119 Stat. 594) have become Federal laws. It National Highway Traffic H.R. 3/P.L. 109–59 Safety Administration may be used in conjunction with ‘‘PLUS’’ (Public Laws Safe, Accountable, Flexible, Anthropomorphic test devices: PENS is a free electronic mail Update Service) on 202–741– Efficient Transportation Equity Occupant crash protection— Act: A Legacy for Users (Aug. notification service of newly 6043. This list is also enacted public laws. To Hybrid III 10-year-old child 10, 2005; 119 Stat. 1144) available online at http:// subscribe, go to http:// test dummy; comments www.archives.gov/federal- H.R. 1132/P.L. 109–60 listserv.gsa.gov/archives/ due by 9-12-05; register/laws. National All Schedules publaws-l.html published 7-13-05 [FR Prescription Electronic 05-13659] The text of laws is not published in the Federal Reporting Act of 2005 (Aug. Note: This service is strictly TRANSPORTATION Register but may be ordered 11, 2005; 119 Stat. 1979) for E-mail notification of new DEPARTMENT in ‘‘slip law’’ (individual H.R. 3645/P.L. 109–61 laws. The text of laws is not Pipeline and Hazardous pamphlet) form from the Emergency Supplemental available through this service. Materials Safety Superintendent of Documents, Appropriations Act to Meet PENS cannot respond to Administration U.S. Government Printing Immediate Needs Arising specific inquiries sent to this Pipeline safety: Office, Washington, DC 20402 From the Consequences of address.

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