11–6–06 Monday Vol. 71 No. 214 Nov. 6, 2006

Pages 64881–65034

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Contents Federal Register Vol. 71, No. 214

Monday, November 6, 2006

Advisory Council on Historic Preservation Environmental Protection Agency See Historic Preservation, Advisory Council RULES Air quality implementation plans; approval and Agriculture Department promulgation; various States; air quality planning See Food Safety and Inspection Service purposes; designation of areas: North Carolina, 64891–64902 Antitrust Division Air quality implementation plans; approval and NOTICES promulgation; various States: Competitive impact statements and proposed consent Missouri, 64888–64891 judgments: PROPOSED RULES Dairy Farmers of America, Inc., et al., 64984–65000 Air pollutants, hazardous; national emission standards: Hospital ethylene oxide sterilizers, 64907–64917 Arts and Humanities, National Foundation Air quality implementation plans; approval and See National Foundation on the Arts and the Humanities promulgation; various States; air quality planning Centers for Medicare & Medicaid Services purposes; designation of areas: North Carolina, 64906–64907 NOTICES Air quality implementation plans; approval and Privacy Act; systems of records, 64955–64975 promulgation; various States: Coast Guard Missouri, 64906 NOTICES RULES Drawbridge operations: Agency information collection activities; proposals, California, 64888 submissions, and approvals, 64949–64951 NOTICES Meetings: Environmental statements; record of decision: Observational exposure measurement studies; state-of- National Automatic Identification System Project; the-science approaches; expert panel workshop, implementation, 64977 64951–64952 Meetings: Water pollution control: National Maritime Security Advisory Committee, 64977– National Pollutant Discharge Elimination System— 64978 Puerto Rico: small municipal separate storm sewer systems; general permits, 64952–64954 Commerce Department See International Trade Administration Federal Aviation Administration See National Oceanic and Atmospheric Administration RULES Airworthiness directives: Community Development Financial Institutions Fund Airbus, 64881–64884 NOTICES Boeing, 64884–64887 Agency information collection activities; proposals, Class D airspace, 64887–64888 submissions, and approvals, 65032–65034 PROPOSED RULES Airworthiness directives: Education Department Airbus, 64904–64906 NOTICES NOTICES Agency information collection activities; proposals, Meeting: submissions, and approvals, 64947–64948 RTCA, Inc., 65027 Meetings: Passenger facility charges; applications, etc.: Safe and Drug-Free Schools and Communities Advisory Huntsville-Madison County Airport Authority, AL, et al., Committee, 64948 65027–65029 Employment and Training Administration Federal Communications Commission NOTICES PROPOSED RULES Adjustment assistance; applications, determinations, etc.: Radio services; special: Burley Design, Inc., 65005 Private land mobile services— Forest City Technologies, Inc., 65005 Upper 700 MHz guard band licenses; operational, Hartland, ME, 65005 technical, and spectrum requirements, 64917– Jones Apparel of Texas II, Ltd., Armour Facility, 65005 64919 Misty Mountain Threadworks, Inc., et al., 65002–65005 Paramount Cards Inc., 65005–65006 Federal Election Commission NOTICES Energy Department Meetings; Sunshine Act, 64954 NOTICES Meetings: Federal Housing Finance Board Non-high level waste determinations; interactions during NOTICES review, 64949 Meetings; Sunshine Act, 64954

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Federal Railroad Administration Labor Department NOTICES See Employment and Training Administration Exemption petitions, etc.: See Occupational Safety and Health Administration BSNF Railway Co., 65029–65030 NOTICES CSX Transportation, 65030 Agency information collection activities; proposals, Traffic control systems; discontinuance or modification: submissions, and approvals, 65000–65002 Springfield Terminal Railway Co., 65030–65031 Maritime Administration Federal Reserve System NOTICES NOTICES Deepwater ports; license applications: Banks and bank holding companies: Calypso LNG LLC, 65031–65032 Change in bank control, 64955 Minerals Management Service Formations, acquisitions, and mergers, 64955 NOTICES Food Safety and Inspection Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 64978–64981 Meetings: National Aeronautics and Space Administration Codex Alimentarius Commission— NOTICES Food Hygiene Codex Committee, 64920–64921 Agency information collection activities; proposals, submissions, and approvals, 65006–65007 Health and Human Services Department See Centers for Medicare & Medicaid Services National Archives and Records Administration See Health Resources and Services Administration NOTICES Meetings: Health Resources and Services Administration Public Interest Declassification Board, 65007 NOTICES Agency information collection activities; proposals, National Foundation on the Arts and the Humanities submissions, and approvals, 64975–64976 NOTICES Meetings: Agency information collection activities; proposals, Migrant Health National Advisory Council, 64976–64977 submissions, and approvals, 65007 Historic Preservation, Advisory Council National Oceanic and Atmospheric Administration NOTICES RULES Meetings, 64920 Fishery conservation and management: Northeastern United States fisheries— Homeland Security Department Summer flounder, 64903 See Coast Guard NOTICES Environmental statements; notice of intent: Interior Department Northeastern United States fisheries— See Minerals Management Service Northeast multispecies fishery; scoping process, 64941– See National Park Service 64943 See Reclamation Bureau Marine mammal permit applications, determinations, etc., 64943–64944 International Trade Administration Marine mammals: NOTICES Incidental taking; authorization letters, etc. Antidumping: Moss Landing Harbor District, CA; Pacific harbor seals Carbon and certain alloy steel wire rod from— and California sea lions, 64944–64946 Canada, 64921–64926 Reports and guidance documents; availability, etc.: Freshwater crawfish tail meat from— NOAA Aquaculture Program; interim final ten year plan, China, 64926–64927 64946–64947 Large newspaper printing presses and components, assembled or unassembled, from— National Park Service Japan, 64927–64930 NOTICES Preserved mushrooms from— National Register of Historic Places; pending nominations, China, 64930–64938 64981 India, 64938–64941 Nuclear Regulatory Commission International Trade Commission NOTICES NOTICES Environmental statements; availability, etc.: Import investigations: Tennessee Valley Authority, 65009–65017 Coated free sheet paper from— Meetings: Various countries, 64983–64984 Non-high level waste determinations; interactions during review, 64949 Justice Department Rancho Seco Nuclear Generating Station, CA; license See Antitrust Division termination plan, 65017–65018 NOTICES Meetings; Sunshine Act, 65018 Pollution control; consent judgments: Senior Executive Service Performance Review Board; E.I. du Pont de Nemours & Co, Inc., et al., 64984 membership, 65018

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Applications, hearings, determinations, etc.: Indiana, 65026–65027 Nine Mile Point Nuclear Station, LLC, 65007–65008 Meetings: System Energy Resources, Inc., 65008 Audit and Financial Management Advisory Committee, USEC, Inc., 65008–65009 65027

Occupational Safety and Health Administration State Department NOTICES NOTICES Meetings: Culturally significant objects imported for exhibition: Occupational Safety and Health National Advisory James Athenian Stuart (1713-1788): The Rediscovery of Committee, 65006 Antiquity, 65027

Reclamation Bureau Transportation Department NOTICES See Federal Aviation Administration Meetings: See Federal Railroad Administration Glen Canyon Dam Adaptive Management Work Group, See Maritime Administration 64982–64983 Treasury Department Securities and Exchange Commission See Community Development Financial Institutions Fund NOTICES Securities Exchange Act: Sub-penny trade-throughs; Rule 611 exemption, 65018– 65019 Reader Aids Self-regulatory organizations; proposed rule changes: Consult the Reader Aids section at the end of this issue for New York Stock Exchange LLC, 65019–65021 phone numbers, online resources, finding aids, reminders, NYSE Arca, Inc., 65021–65026 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Small Business Administration LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Disaster loan areas: archives, FEDREGTOC-L, Join or leave the list (or change Florida, 65026 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.

14 CFR 39 (2 documents) ...... 64881, 64884 71...... 64887 Proposed Rules: 39...... 64904 33 CFR 117...... 64888 40 CFR 52 (2 documents) ...... 64888, 64891 81...... 64891 Proposed Rules: 52 (2 documents) ...... 64906 63...... 64907 81...... 64906 47 CFR Proposed Rules: 27...... 64917 50 CFR 648...... 64903

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Rules and Regulations Federal Register Vol. 71, No. 214

Monday, November 6, 2006

This section of the FEDERAL REGISTER ADDRESSES: You may examine the AD Comment contains regulatory documents having general docket on the Internet at http:// applicability and legal effect, most of which dms.dot.gov or in person at the Docket We provided the public the are keyed to and codified in the Code of Management Facility, U.S. Department opportunity to participate in the Federal Regulations, which is published under development of this AD. We have 50 titles pursuant to 44 U.S.C. 1510. of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, considered the comment received. The Code of Federal Regulations is sold by Washington, DC. Request for Credit for Terminating the Superintendent of Documents. Prices of Contact Airbus, 1 Rond Point Maurice Modification new books are listed in the first FEDERAL Bellonte, 31707 Blagnac Cedex, France, REGISTER issue of each week. for the service information identified in The Air Transport Association (ATA), this AD. on behalf of its member Northwest Airlines (NWA), asks that we recognize DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Tim Airbus Modification 54432 as Backman, Aerospace Engineer, Federal Aviation Administration terminating action for the repetitive International Branch, ANM–116, inspection requirements in the Transport Airplane Directorate, FAA, supplemental NPRM. NWA states that 14 CFR Part 39 1601 Lind Avenue, SW., Renton, this modification is being incorporated Washington 98057–3356; telephone [Docket No. FAA–2005–22812; Directorate by Airbus in production as the Identifier 2005–NM–134–AD; Amendment (425) 227–2797; fax (425) 227–1149. 39–14811; AD 2006–22–14] ‘‘production solution’’ for the fatigue SUPPLEMENTARY INFORMATION: cracking problems. NWA adds that the RIN 2120–AA64 modification will be installed on its Examining the Docket Airworthiness Directives; Airbus Model Model A330 airplanes delivered with A330 Airplanes and Model A340–200 You may examine the AD docket on manufacturer’s serial number 0778 and and –300 Series Airplanes the Internet at http://dms.dot.gov or in subsequent. person at the Docket Management We agree that Airbus Modification AGENCY: Federal Aviation Facility office between 9 a.m. and 5 54432 will be terminating action for the Administration (FAA), Department of p.m., Monday through Friday, except referenced repetitive inspections. Transportation (DOT). Federal holidays. The Docket However, that modification is not yet ACTION: Final rule. Management Facility office (telephone approved by either the European (800) 647–5227) is located on the plaza SUMMARY: The FAA is adopting a new Aviation Safety Agency (EASA), which level of the Nassif Building at the street airworthiness directive (AD) for certain is the airworthiness authority for the address stated in the ADDRESSES section. Airbus Model A330 airplanes and European Union, or the FAA. The Model A340–200 and –300 series Discussion modification is currently in the airplanes. This AD requires repetitive approval process with the EASA. This detailed inspections for cracking in the The FAA issued a supplemental modification is the production solution aft web of support rib 6 between certain notice of proposed rulemaking (NPRM) that installs a re-designed rib for bottom skin stringers on both wings; to amend 14 CFR part 39 to include an production airplanes with a new wing high frequency eddy current inspections AD that would apply to certain Airbus build. Once the modification is for cracking of the attachment holes of Model A330 airplanes and Model A340– approved, the referenced EASA the fuel pipes, and repair if necessary. 200 and –300 series airplanes. That airworthiness directive will be revised This AD also provides for an optional supplemental NPRM was published in to include this terminating action. After modification, which extends a certain the Federal Register on May 26, 2006 the modification is approved and inspection threshold, and mandates, for (71 FR 30340). That supplemental available, operators may request an certain airplanes, a new modification of NPRM proposed to require repetitive alternative method of compliance for detailed inspections for cracking in the support rib 6 on both wings, which ends installing the modification. We have not aft web of support rib 6 between certain the repetitive inspection requirement. changed the AD in this regard. This AD results from a report of bottom skin stringers on both wings; significant cracking found in the aft web high frequency eddy current inspections Explanation of Change to the of support rib 6 on both wings. We are for cracking of the attachment holes of Supplemental NPRM issuing this AD to prevent cracking in the fuel pipes, and repair if necessary. the aft web of support rib 6, which The supplemental NPRM also provided Airbus Service Bulletins A300–57– could result in overloading of adjacent for an optional modification, which 3085 and A340–57–4093, both Revision ribs and the surrounding wing structure would extend a certain inspection 02, both dated September 29, 2005, were and consequent reduced structural threshold. For certain airplanes, the included in the service information integrity of the wing. supplemental NPRM proposed to section of the supplemental NPRM as DATES: This AD becomes effective require a new modification of support the sources of service information for December 11, 2006. rib 6 on both wings, which would end accomplishing the inspections. The Director of the Federal Register the repetitive inspection requirement. However, Revision 02 was inadvertently approved the incorporation by reference The supplemental NPRM also proposed omitted from paragraph (l) of the of certain publications listed in the AD to reduce the applicability in the supplemental NPRM; we have added as of December 11, 2006. original NPRM. Revision 02 to paragraph (l) accordingly.

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Conclusion not have a substantial direct effect on support rib 6 on both wings. We are issuing the States, on the relationship between this AD to prevent cracking in the aft web of We have carefully reviewed the support rib 6, which could result in available data, including the comment the national government and the States, or on the distribution of power and overloading of adjacent ribs and the received, and determined that air safety surrounding wing structure and consequent and the public interest require adopting responsibilities among the various reduced structural integrity of the wing. the AD with the change described levels of government. Compliance previously. This change will neither For the reasons discussed above, I increase the economic burden on any certify that this AD: (e) You are responsible for having the operator nor increase the scope of the (1) Is not a ‘‘significant regulatory actions required by this AD performed within the compliance times specified, unless the AD. action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under actions have already been done. Costs of Compliance DOT Regulatory Policies and Procedures Note 1: For the purposes of this AD, a This AD affects about 25 airplanes of (44 FR 11034, February 26, 1979); and detailed inspection is: ‘‘An intensive examination of a specific item, installation, U.S. registry. (3) Will not have a significant or assembly to detect damage, failure, or The inspections take about 4 work economic impact, positive or negative, irregularity. Available lighting is normally hours per airplane, at an average labor on a substantial number of small entities supplemented with a direct source of good rate of $80 per work hour. Based on under the criteria of the Regulatory lighting at an intensity deemed appropriate. these figures, the estimated cost of the Flexibility Act. Inspection aids such as mirror, magnifying inspections for U.S. operators is $8,000, We prepared a regulatory evaluation lenses, etc., may be necessary. Surface or $320 per airplane, per inspection of the estimated costs to comply with cleaning and elaborate procedures may be cycle. this AD and placed it in the AD docket. required.’’ The modification of support rib 6 on See the ADDRESSES section for a location Repetitive Inspections the left-hand wing takes about 38 work to examine the regulatory evaluation. hours per airplane, at an average labor (f) For Model A330 series airplanes on List of Subjects in 14 CFR Part 39 which Airbus Modification 53882 was not rate of $80 per work hour. Required done during production: At the applicable parts cost about $5,020 per airplane. Air transportation, Aircraft, Aviation time specified in paragraph (f)(1), (f)(2), or Based on these figures, the estimated safety, Incorporation by reference, (f)(3) of this AD, perform a detailed cost of this modification of the left-hand Safety. inspection for cracking in the aft web of wing on U.S. operators is $201,500, or support rib 6 between bottom skin stringers $8,060 per airplane. Adoption of the Amendment 18 and 20 on both wings, and high frequency The modification of support rib 6 on I Accordingly, under the authority eddy current inspections for cracking of the attachment holes of the fuel pipe and fuel the right-hand wing takes about 38 work delegated to me by the Administrator, hours per airplane, at an average labor pipe mounting, by doing all the actions in the FAA amends 14 CFR part 39 as accordance with the Accomplishment rate of $80 per work hour. Required follows: Instructions of Airbus Service Bulletin A330– parts cost about $5,020 per airplane. 57–3085, Revision 02, dated September 29, Based on these figures, the estimated PART 39—AIRWORTHINESS 2005. If no crack is found during the initial cost of this modification of the right- DIRECTIVES inspections, repeat the inspections thereafter hand wing on U.S. operators is at intervals not to exceed 8,000 flight cycles I $201,500, or $8,060 per airplane. 1. The authority citation for part 39 or 25,000 flight hours, whichever is first, continues to read as follows: until the terminating action specified in Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. paragraph (n) of this AD is done. If any crack Title 49 of the United States Code is found during any inspection, repair as specifies the FAA’s authority to issue § 39.13 [Amended] specified in paragraph (k) of this AD, or before further flight do the terminating action I rules on aviation safety. Subtitle I, 2. The Federal Aviation specified in paragraph (n) of this AD. section 106, describes the authority of Administration (FAA) amends § 39.13 (1) For airplanes that have accumulated the FAA Administrator. Subtitle VII, by adding the following new 7,999 or fewer total flight cycles, and 24,999 Aviation Programs, describes in more airworthiness directive (AD): or fewer total flight hours, as of the effective date of this AD: Do the inspections at the detail the scope of the Agency’s 2006–22–14 Airbus: Amendment 39–14811. later of the times specified in paragraphs authority. Docket No. FAA–2005–22812; (f)(1)(i) and (f)(1)(ii) of this AD. We are issuing this rulemaking under Directorate Identifier 2005–NM–134–AD. the authority described in subtitle VII, (i) Before the accumulation of 8,000 total part A, subpart III, section 44701, Effective Date flight cycles or 25,000 total flight hours, ‘‘General requirements.’’ Under that (a) This AD becomes effective December whichever is first. 11, 2006. (ii) Within 8 months after the effective date section, Congress charges the FAA with of this AD. promoting safe flight of civil aircraft in Affected ADs (2) For airplanes that have accumulated air commerce by prescribing regulations (b) None. 8,000 or more total flight cycles, but fewer for practices, methods, and procedures than 10,000 total flight cycles; or 25,000 or the Administrator finds necessary for Applicability more total flight hours, but fewer than 30,000 safety in air commerce. This regulation (c) This AD applies to Airbus Model A330 total flight hours; as of the effective date of is within the scope of that authority airplanes and Model A340–200 and –300 this AD: Do the inspections at the later of the because it addresses an unsafe condition series airplanes, certificated in any category; times specified in paragraphs (f)(2)(i) and that is likely to exist or develop on on which Airbus Modification 41114 or (f)(2)(ii) of this AD. (i) Before the accumulation of 10,000 total products identified in this rulemaking 44599 was done during production; except those airplanes on which Airbus flight cycles or 30,000 total flight hours, action. Modification 53883 was done during whichever is first. Regulatory Findings production. (ii) Within 8 months after the effective date of this AD. We have determined that this AD will Unsafe Condition (3) For airplanes that have accumulated not have federalism implications under (d) This AD results from a report of 10,000 or more total flight cycles or 30,000 Executive Order 13132. This AD will significant cracking found in the aft web of or more total flight hours as of the effective

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date of this AD: Do the inspections within 3 Revision 02, dated September 29, 2005; or Manual (AMM); or Chapter 05–51–11, titled months after the effective date of this AD. within 6 months after the effective date of ‘‘Inspection After Hard/Overweight (g) For Model A330 series airplanes on this AD, whichever is later. Repeat the Landing—Inspection/Check,’’ dated July 1, which Airbus Modification 53882 was done inspections required by paragraph (f) of this 2006, of the Airbus A340 AMM; as during production or on which Airbus AD at the time specified in paragraph (h) of applicable; and Airbus A330/A340 Technical Service Bulletin A330–57–3087, dated this AD, until the terminating action Disposition (TD) TD/J1/S3/00608/2005, Issue February 15, 2005, or Revision 01, dated specified in paragraph (n) of this AD is done. C, dated April 26, 2005, titled ‘‘Inspections September 22, 2005, has been done: Perform following hard landing, both wings,’’ are the applicable inspections required by Inspections Accomplished According to approved methods. Operators can obtain the paragraph (f) of this AD at the earliest of the Previous Issue of Service Bulletins TD from Airbus. initial inspection thresholds specified in (j) Inspections accomplished before the Figure 4, Sheet 1, ‘‘Inspection Flow Chart’’ of effective date of this AD according to Airbus Terminating Modification Airbus Service Bulletin A330–57–3085, All Operator Telex A330–57A3085 or A340– (n) For airplanes on which support rib 6 on Revision 02, dated September 29, 2005; or 57A4093, each dated December 15, 2004; or both wings has not been repaired in within 6 months after the effective date of Airbus Service Bulletin A330–57–3085 or accordance with paragraph (k) of this AD: this AD, whichever is later. Repeat the A340–57–4093, each Revision 01, each dated Within 60 months after the effective date of inspections required by paragraph (f) of this March 25, 2005; are considered acceptable this AD, modify the fuel pipe connector and AD at the time specified in paragraph (f) of for compliance with the corresponding the fastener holes of support rib 6 on both this AD, until the terminating action inspections specified in this AD. wings by doing all the actions specified in specified in paragraph (n) of this AD is done. the Accomplishment Instructions of Airbus Repair (h) For Model A340 series airplanes on Service Bulletin A330–57–3088 or A340–57– which Airbus Modification 53882 was not (k) If any cracking is found during any 4096, each including Appendix 01, each done during production: Perform the inspection required by this AD: Before dated September 21, 2005, as applicable. inspections required by paragraph (f) of this further flight, either repair and get a schedule Accomplishing the modification in this AD at the applicable time specified in for subsequent inspections, according to a paragraph ends the repetitive inspections paragraph (h)(1), (h)(2), or (h)(3) of this AD. method approved by either the Manager, required by this AD. Repair of support rib 6 Perform the inspections by doing all the International Branch, ANM–116, Transport on both wings before the effective date of this actions in accordance with the Airplane Directorate, FAA; or the European AD using Airbus A330/A340 Repair Accomplishment Instructions of Airbus Aviation Safety Agency (EASA) (or its Instruction R572–57023, Issue D, dated May Service Bulletin A340–57–4093, Revision 02, delegated agent); or accomplish the 11, 2005; or R572–57026, Issue C, dated dated September 29, 2005. Repeat the terminating action specified in paragraph (n) December 2005; as applicable, ends the inspections thereafter at intervals not to of this AD. repetitive inspections required by this AD. exceed 8,000 flight cycles or 30,200 flight Optional Modification Alternative Methods of Compliance hours, whichever is first, until the (l) Accomplishing the modification of the (AMOCs) terminating action specified in paragraph (n) fuel pipe connector and the fastener holes of of this AD is done. (o)(1) The Manager, International Branch, support rib 6 on both wings by doing all the (1) For airplanes that have accumulated ANM–116, has the authority to approve actions specified in the Accomplishment 7,999 or fewer total flight cycles, and 30,199 AMOCs for this AD, if requested in Instructions of Airbus Service Bulletin A330– or fewer total flight hours, as of the effective accordance with the procedures found in 14 57–3087 or A340–57–4095, each dated date of this AD: Do the inspections at the CFR 39.19. February 15, 2005, or Revision 01, each dated later of the times specified in paragraphs (2) Before using any AMOC approved in September 22, 2005, as applicable, extends (h)(1)(i) and (h)(1)(ii) of this AD. accordance with 14 CFR 39.19 on any the interval for the next inspection to the (i) Before the accumulation of 8,000 total airplane to which the AMOC applies, notify applicable post-modification inspection the appropriate principal inspector in the flight cycles or 30,200 total flight hours, threshold specified in Figure 4, Sheet 1, FAA Flight Standards Certificate Holding whichever is first. ‘‘Inspection Flow Chart’’ of Airbus Service District Office. (ii) Within 8 months after the effective date Bulletins A330–57–3085 or A340–57–4093, of this AD. each Revision 02, each dated September 29, Related Information (2) For airplanes that have accumulated 2005, as applicable. After accomplishing that (p) French airworthiness directives F– 8,000 or more total flight cycles, but fewer inspection, repeat the applicable inspections 2006–008 and F–2006–009, both dated than 10,000 total flight cycles; or 30,200 or required by paragraph (f) or (h) of this AD at January 4, 2006, also address the subject of more total flight cycles, but fewer than the applicable repetitive inspection interval this AD. 43,700 total flight hours, as of the effective specified in Figure 4 of the Accomplishment date of this AD: Do the inspections at the Instructions of the applicable service Material Incorporated by Reference later of the times specified in paragraphs bulletin, until the terminating action (q) You must use the applicable Airbus (h)(2)(i) and (h)(2)(ii) of this AD. specified in paragraph (n) of this AD is done. service bulletins specified in Table 1 of this (i) Before the accumulation of 10,000 total AD to perform the actions that are required flight cycles or 43,700 total flight hours, Hard or Overweight Landing by this AD, unless the AD specifies whichever is first. (m) For Model A330 series airplanes with otherwise. The Director of the Federal (ii) Within 8 months after the effective date 8,000 or more total flight cycles or 25,000 or Register approved the incorporation by of this AD. more total flight hours, and Model A340 reference of these documents in accordance (3) For airplanes that have accumulated series airplanes with 8,000 or more total with 5 U.S.C. 552(a) and 1 CFR part 51. 10,000 or more total flight cycles or 43,700 flight cycles or 30,200 or more total flight Contact Airbus, 1 Rond Point Maurice or more total flight hours as of the effective hours that have not been modified in Bellonte, 31707 Blagnac Cedex, France, for a date of this AD: Do the inspections within 3 accordance with paragraph (n) of this AD: copy of this service information. You may months after the effective date of this AD. Before further flight after any hard or review copies at the Docket Management (i) For Model A340 series airplanes on overweight landing of the airplane, Facility, U.S. Department of Transportation, which Airbus Modification 53882 was done accomplish the applicable follow-on 400 Seventh Street, SW., Room PL–401, during production or on which Airbus inspections and any applicable corrective Nassif Building, Washington, DC; on the Service Bulletin A340–57–4095, dated actions according to a method approved by Internet at http://dms.dot.gov; or at the February 15, 2005, or Revision 01, dated either the Manager, International Branch, National Archives and Records September 22, 2005, has been done: Perform ANM–116; or the EASA (or its delegated Administration (NARA). For information on the applicable inspections required by agent). Accomplishing the inspections in the availability of this material at the NARA, paragraph (f) of this AD at the earliest of the Chapter 05–51–11, titled ‘‘Inspection After call (202) 741–6030, or go to http:// initial inspection thresholds specified in Hard/Overweight Landing—Inspection/ www.archives.gov/federal_register/ Figure 4, Sheet 1, ‘‘Inspection Flow Chart’’ of Check,’’ dated April 1, 2005, or July 1, 2006, code_of_federal_regulations/ Airbus Service Bulletin A340–57–4093, of the Airbus A330 Aircraft Maintenance ibr_locations.html.

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TABLE 1.—MATERIAL INCORPORATED BY REFERENCE

Airbus Service Bulletin Revision level Date

A330–57–3085 ...... 02 ...... September 29, 2005. A330–57–3087 ...... Original ...... February 15, 2005. A330–57–3087 ...... 01 ...... September 22, 2005. A330–57–3088, including Appendix 01 ...... Original ...... September 21, 2005. A340–57–4093 ...... 02 ...... September 29, 2005. A340–57–4095 ...... Original ...... February 15, 2005. A340–57–4095 ...... 01 ...... September 22, 2005. A340–57–4096, including Appendix 01 ...... Original ...... September 21, 2005.

Issued in Renton, Washington, on October of a certain publication listed in the AD side panel webs and panel stiffeners of 25, 2006. as of December 11, 2006. the nose wheel well (NWW), and Kalene C. Yanamura, On May 10, 2005 (70 FR 21141, April corrective actions if necessary. That Acting Manager, Transport Airplane 25, 2005), the Director of the Federal NPRM also proposed to reduce the Directorate, Aircraft Certification Service. Register approved the incorporation by interval for certain repetitive [FR Doc. E6–18471 Filed 11–3–06; 8:45 am] reference of Boeing Alert Service inspections and remove a certain BILLING CODE 4910–13–P Bulletin 747–53A2465, Revision 4, optional inspection. That NPRM also dated February 24, 2005. proposed to require replacing the NWW ADDRESSES: You may examine the AD side and top panels with new panels, DEPARTMENT OF TRANSPORTATION docket on the Internet at http:// which would terminate the repetitive dms.dot.gov or in person at the Docket inspections. Federal Aviation Administration Management Facility, U.S. Department Comments of Transportation, 400 Seventh Street, 14 CFR Part 39 SW., Nassif Building, Room PL–401, We provided the public the Washington, DC. opportunity to participate in the [Docket No. FAA–2006–23921; Directorate Contact Boeing Commercial development of this AD. We have Identifier 2005–NM–205–AD; Amendment Airplanes, P.O. Box 3707, Seattle, considered the comments that have 39–14812; AD 2006–22–15] Washington 98124–2207, for service been received on the NPRM. RIN 2120–AA64 information identified in this AD. Support for the NPRM FOR FURTHER INFORMATION CONTACT: Nick Boeing, the airplane manufacturer, Airworthiness Directives; Boeing Kusz, Airframe Branch, ANM–120S, agrees with the contents of the NPRM. Model 747 Airplanes FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Request To Remove Actions for Group AGENCY: Federal Aviation Washington 98057–3356; telephone 2 Airplanes or Extend Compliance Administration (FAA), Department of (425) 917–6432; fax (425) 917–6590. Time Transportation (DOT). SUPPLEMENTARY INFORMATION: The Air Transport Association (ATA), ACTION: Final rule. on behalf of one of its members, Examining the Docket Northwest Airlines (NWA), requests that SUMMARY: The FAA is superseding an You may examine the airworthiness either the proposed requirement for existing airworthiness directive (AD), directive (AD) docket on the Internet at terminating action for Group 2 airplanes which applies to all Boeing Model 747 http://dms.dot.gov or in person at the be removed from the NPRM or the series airplanes. That AD currently Docket Management Facility office compliance time for doing the requires repetitive inspections for between 9 a.m. and 5 p.m., Monday termination action be extended from cracking of the top and side panel webs through Friday, except Federal holidays. four years to six years. The ATA notes and panel stiffeners of the nose wheel The Docket Management Facility office that there are no service instructions for well (NWW), and corrective actions if (telephone (800) 647–5227) is located on the terminating action for Group 2 necessary. This new AD reduces the the plaza level of the Nassif Building at airplanes. The ATA also states that interval for certain repetitive the street address stated in the extending the compliance time will inspections and removes a certain ADDRESSES section. allow the development of the service optional inspection. This new AD also instructions and an assessment of the Discussion requires replacing the NWW side and requirement’s impact. NWA adds that it top panels with new panels, which The FAA issued a notice of proposed has not experienced extensive cracking terminates the repetitive inspections. rulemaking (NPRM) to amend 14 CFR that would warrant serious This AD results from the development part 39 to include an AD that consideration or justification to mandate of a new modification. We are issuing supersedes AD 2005–09–02, amendment the terminating action (replacement of this AD to prevent fatigue cracks in the 39–14070 (70 FR 21141, April 25, 2005). the NWW side and top panels). NWA top and side panel webs and stiffeners [A correction of that AD was published also states that it would be very difficult of the NWW, which could compromise in the Federal Register on May 25, 2005 to accomplish the replacement without the structural integrity of the NWW and (70 FR 29940).] The existing AD applies a service bulletin. could lead to the rapid decompression to all Boeing Model 747 series airplanes. We agree with the commenter’s of the airplane. That NPRM was published in the concern regarding lack of availability of DATES: This AD becomes effective Federal Register on February 15, 2006 service instructions for Group 2 December 11, 2006. (71 FR 7883). That NPRM proposed to airplanes; however, we do not consider The Director of the Federal Register continue to require repetitive that removing the terminating action or approved the incorporation by reference inspections for cracking of the top and delaying this action until after the

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manufacturer develops a service data are submitted to substantiate that published May 25, 2005 (70 FR 29940). bulletin for the replacement of the such an adjustment would provide an We have revised this final rule NWW side and top panels for Group 2 acceptable level of safety. accordingly. airplanes is warranted. Explanation of Change Made to NPRM Conclusion We have coordinated with Boeing regarding the availability of service For clarification, the FAA has revised We have carefully reviewed the instructions. Boeing states that it will the definition of a ‘‘detailed inspection’’ available data, including the comments issue a revised service bulletin that in Note 1 of this final rule. that have been received, and determined includes procedures for Group 2 that air safety and the public interest Typographical Errors airplanes by July 2007 and that there require adopting the AD with the will parts available at that time. The date of Revision 4 of Boeing Alert changes described previously. We have Therefore, we have revised the Service Bulletin 747–53A2465 was determined that these changes will compliance time for Group 2 airplanes inadvertently specified as ‘‘February neither increase the economic burden to allow adequate time to accomplish 25’’ instead of ‘‘February 24’’ in on any operator nor increase the scope the actions specified in this final rule. paragraph (f) and Table 1 of the NPRM. of the AD. We have extended the compliance We have revised this final rule Costs of Compliance time specified in paragraph (o) of the accordingly. final rule from 48 months to 57 months. The Federal Register number and There are about 1,127 airplanes of the We have determined that extending the date of the existing AD was affected design in the worldwide fleet. compliance time will not adversely inadvertently specified as ‘‘70 FR 29940, The following table provides the affect safety. In addition, under the May 25, 2005’’ in paragraph 2. of the estimated costs for U.S. operators to provisions of paragraph (p) of the final NPRM. The existing AD was published comply with this AD. Work hours are rule, we may approve requests for April 25, 2005 (70 FR 21141). A estimated at an average labor rate of $65 adjustments to the compliance time if correction of the existing AD was per work hour.

ESTIMATED COSTS

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

Area 1 and 3 inspections (re- 79 $0 $5,135, per inspection cycle 255 $1,309,425, per inspection quired by AD 2005–09–02). cycle. Area 2 inspections (required 8–18 0 $520–$1,170, per inspection 255 Up to $298,350, per inspec- by AD 2005–09–02). cycle. tion cycle. Replacement (new action) ..... 800 115,765 $167,765 ...... 255 $42,780,075.

Authority for This Rulemaking the national government and the States, PART 39—AIRWORTHINESS Title 49 of the United States Code or on the distribution of power and DIRECTIVES responsibilities among the various specifies the FAA’s authority to issue levels of government. I rules on aviation safety. Subtitle I, 1. The authority citation for part 39 For the reasons discussed above, I section 106, describes the authority of continues to read as follows: certify that this AD: the FAA Administrator. Subtitle VII, (1) Is not a ‘‘significant regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Programs, describes in more action’’ under Executive Order 12866; § 39.13 [Amended] detail the scope of the Agency’s (2) Is not a ‘‘significant rule’’ under authority. DOT Regulatory Policies and Procedures I 2. The Federal Aviation We are issuing this rulemaking under (44 FR 11034, February 26, 1979); and Administration (FAA) amends § 39.13 the authority described in subtitle VII, (3) Will not have a significant by removing amendment 39–14070 (70 part A, subpart III, section 44701, economic impact, positive or negative, FR 21141, April 25, 2005), corrected at ‘‘General requirements.’’ Under that on a substantial number of small entities 70 FR 29940, May 25, 2005, and by section, Congress charges the FAA with under the criteria of the Regulatory adding the following new airworthiness promoting safe flight of civil aircraft in Flexibility Act. directive (AD): air commerce by prescribing regulations We prepared a regulatory evaluation for practices, methods, and procedures 2006–22–15 Boeing: Amendment 39–14812. of the estimated costs to comply with Docket No. FAA–2006–23921; the Administrator finds necessary for this AD and placed it in the AD docket. Directorate Identifier 2005–NM–205–AD. safety in air commerce. This regulation See the ADDRESSES section for a location is within the scope of that authority to examine the regulatory evaluation. Effective Date because it addresses an unsafe condition (a) This AD becomes effective December that is likely to exist or develop on List of Subjects in 14 CFR Part 39 11, 2006. Air transportation, Aircraft, Aviation products identified in this rulemaking Affected ADs action. safety, Incorporation by reference, Safety. (b) This AD supersedes AD 2005–09–02. Regulatory Findings Adoption of the Amendment Applicability We have determined that this AD will (c) This AD applies to all Boeing Model not have federalism implications under I Accordingly, under the authority 747–100, 747–100B, 747–100B SUD, 747– Executive Order 13132. This AD will delegated to me by the Administrator, 200B, 747–200C, 747–200F, 747–300, 747– not have a substantial direct effect on the FAA amends 14 CFR part 39 as 400, 747–400D, 747–400F, 747SR, and 747SP the States, on the relationship between follows: series airplanes, certificated in any category.

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Unsafe Condition Restatement of Requirements of AD 2005– (1) For airplanes on which an inspection (d) This AD results from the development 09–02 With New Repetitive Interval and has not been done before the effective date Service Information of a new modification. We are issuing this of this AD in accordance with any service bulletin listed in Table 1 of this AD: Within AD to prevent fatigue cracks in the top and Initial and Repetitive Inspections of the Top 1,500 flight cycles after doing the inspection side panel webs and stiffeners of the nose and Side Panel Stiffeners specified in paragraph (f) of this AD, repeat wheel well (NWW), which could (f) Prior to the accumulation of 16,000 total the inspection. Repeat the inspection compromise the structural integrity of the flight cycles, or within 1,000 flight cycles thereafter at intervals not to exceed 1,500 after January 27, 2005 (the effective date of NWW and lead to the rapid decompression flight cycles. AD 2004–25–23, amendment 39–13911), of the airplane. (2) For airplanes on which an inspection whichever is later, do internal detailed and Compliance surface high frequency eddy current (HFEC) has been done before the effective date of this AD in accordance with any service bulletin (e) You are responsible for having the inspections of the top and side panel stiffeners of the NWW (specified as Area 3 in listed in Table 1 of this AD: Within 6,000 actions required by this AD performed within the service bulletin) for cracks in accordance flight cycles after doing the inspection the compliance times specified, unless the with the Accomplishment Instructions of specified in paragraph (f) of this AD or actions have already been done. Boeing Alert Service Bulletin (ASB) 747– within 1,500 flight cycles after the effective 53A2465, Revision 4, dated February 24, date of this AD, whichever occurs first, 2005. Repeat the inspections thereafter at the repeat the inspection. Repeat the inspection compliance times specified in paragraph thereafter at intervals not to exceed 1,500 (f)(1) or (f)(2) of this AD, as applicable. flight cycles.

TABLE 1.—BOEING SERVICE BULLETINS

Service bulletin Revision level Date

Boeing ASB 747–53A2465 ...... Original ...... April 5, 2001. Boeing ASB 747–53A2465 ...... 2 ...... November 11, 2004. Boeing ASB 747–53A2465 ...... 3 ...... December 23, 2004. Boeing ASB 747–53A2465 ...... 4 ...... February 24, 2005. Boeing Service Bulletin 747–53A2465 ...... 1 ...... October 16, 2003.

Note 1: For the purposes of this AD, a (1) For airplanes with fewer than 20,000 accordance with Boeing ASB 747–53A2465, detailed inspection is: ‘‘An intensive total flight cycles as of May 10, 2005, repeat dated April 5, 2001, are considered examination of a specific item, installation, at intervals not to exceed 1,000 flight cycles acceptable for compliance with the or assembly to detect damage, failure, or until the first inspection after the airplane corresponding inspections specified in irregularity. Available lighting is normally reaches 20,000 total flight cycles. paragraph (f) of this AD. supplemented with a direct source of good (2) For airplanes with 20,000 total flight (2) Inspections accomplished before the lighting at an intensity deemed appropriate. cycles or more, repeat at intervals not to effective date of this AD, in accordance with Inspection aids such as mirror, magnifying exceed 500 flight cycles. Boeing Service Bulletin 747–53A2465, Revision 1, dated October 16, 2003; Boeing lenses, etc., may be necessary. Surface Ultrasonic (UT) Inspections cleaning and elaborate procedures may be ASB 747–53A2465, Revision 2, dated required.’’ (i) Do an UT inspection of the top and November 11, 2004; and Boeing ASB 747– sidewall panel webs for cracks, in accordance 53A2465, Revision 3, dated December 23, Initial Inspections of the Top and Sidewall with Boeing ASB 747–53A2465, Revision 4, 2004; are considered acceptable for Panel Webs dated February 24, 2005, at the later of the compliance with the corresponding times specified in paragraphs (i)(1) and (i)(2) inspections specified in paragraph (f) of this (g) Do an external detailed inspection of of this AD. Repeat the inspections thereafter AD. the top and sidewall panel webs of the NWW at intervals not to exceed 500 flight cycles. (specified as Area 1 and Area 2 in the service Note 2: The detailed and surface HFEC (1) Prior to the accumulation of 20,000 bulletin) for cracks, in accordance with the inspections of the top and side panel total flight cycles. Accomplishment Instructions of Boeing ASB stiffeners of the NWW specified in Boeing (2) Within 100 flight cycles or 90 days after ASB 747–53A2465, dated April 5, 2001; and 747–53A2465, Revision 4, dated February 24, May 10, 2005, whichever occurs first. 2005, at the earlier of the times specified in Boeing Service Bulletin 747–53A2465, paragraphs (g)(1) and (g)(2) of this AD. Additional Inspections and Corrective Revision 1, dated October 16, 2003; are (1) At the later of the times specified in Actions acceptable for compliance with the internal detailed and surface HFEC inspections paragraph (g)(1)(i) and (g)(1)(ii) of this AD: (j) Except as specified in paragraph (l) of specified in paragraph (f) of this AD. (i) Before accumulating 20,000 total flight this AD, if any crack is found during any cycles. inspection required by this AD, prior to (3) Inspections and corrective actions (ii) Within 100 flight cycles or 90 days after further flight, do any applicable additional accomplished before May 10, 2005, in May 10, 2005 (the effective date of AD 2005– detailed inspections of stiffeners and beams accordance with Boeing Service Bulletin 09–02), whichever occurs first. and make repairs, in accordance with the 747–53A2465, Revision 1, dated October 16, (2) At the later of the times specified in Accomplishment Instructions of Boeing ASB 2003; Boeing ASB 747–53A2465, Revision 2, paragraphs (g)(2)(i) and (g)(2)(ii) of this AD: 747–53A2465, Revision 4, dated February 24, dated November 11, 2004; and Boeing ASB (i) Before accumulating 16,000 total flight 2005. 747–53A2465, Revision 3, dated December cycles. 23, 2004; are considered acceptable for (ii) Within 1,000 flight cycles after May 10, Actions Accomplished per Previous Issues of compliance with the corresponding 2005. Service Bulletin inspections specified in paragraphs (g) and (k) The actions specified in paragraphs (h) of this AD. Repetitive Inspections of the Top and (k)(1), (k)(2), and (k)(3) of this AD are Sidewall Panel Webs acceptable for compliance with the Certain Other Corrective Actions (h) Repeat the inspection required by corresponding action specified in the (l) Where Boeing Service Bulletin and ASB paragraph (g) of this AD at the intervals applicable paragraph. 747–53A2465 specify contacting the specified in paragraphs (h)(1) and (h)(2) of (1) Inspections and corrective actions manufacturer if certain cracking is found, this AD, as applicable. accomplished before January 27, 2005, in this AD requires, before further flight,

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repairing the cracking using a method (1) The Director of the Federal Register History approved in accordance with the procedures approved the incorporation by reference of specified in paragraph (p) of this AD. Boeing Service Bulletin 747–53A2562, On Friday, August 11, 2006, the FAA Revision 1, dated July 28, 2005, in proposed to amend Part 71 of the No Reporting Requirement accordance with 5 U.S.C. 552(a) and 1 CFR Federal Aviation Regulations (14 CFR (m) Although Boeing Service Bulletin and part 51. part 71) to establish Class D airspace at ASB 747–53A2465 specify that operators (2) On May 10, 2005 (70 FR 21141, April Ft. Riley, KS (71 FR 46130). The should report inspection results to the 25, 2005), the Director of the Federal Register proposal was to establish a Class D manufacturer, this AD does not require those approved the incorporation by reference of inspection results to be reported. airspace area to provide controlled Boeing Alert Service Bulletin 747–53A2465, airspace for flight operations due to the New Requirements of This AD Revision 4, dated February 24, 2005. establishment of an air traffic control (3) Contact Boeing Commercial Airplanes, Terminating Action P.O. Box 3707, Seattle, WA 98124–2207, for tower. Interested parties were invited to (n) For Group 1 and 3 airplanes identified a copy of this service information. You may participate in this rulemaking in Boeing Service Bulletin 747–53A2562, review copies at the Docket Management proceeding by submitting written Revision 1, dated July 28, 2005: Before Facility, U.S. Department of Transportation, comments on the proposal to the FAA. accumulating 22,000 total flight cycles or 400 Seventh Street, SW., Room PL–401, A comment was received regarding the within 48 months after the effective date of Nassif Building, Washington, DC; on the size of Class D airspace area. The size this AD, whichever occurs later, replace the Internet at http://dms.dot.gov; or at the of the Class D airspace area is NWW side and top panels with new panels National Archives and Records determined by FAA Order 7400.2F in accordance with the Accomplishment Administration (NARA). For information on Procedures for Handling Airspace Instructions of Boeing Service Bulletin 747– the availability of this material at the NARA, 53A2562, Revision 1, dated July 28, 2005. call (202) 741–6030, or go to http:// Matters, Chapter 17, Section 2. Class D Doing the replacement terminates the www.archives.gov/federal_register/ Airspace Standards. requirements of this AD. _ _ _ code of federal regulations/ The Rule (o) For Group 2 airplanes identified in ibr_locations.html. Boeing Service Bulletin 747–53A2562, This notice amends Part 71 of the Revision 1, dated July 28, 2005, and Model Issued in Renton, Washington, on October 25, 2006. Federal Aviation Regulations (14 CFR 747 airplanes not identified in the service part 71) by establishing a Class D bulletin: Before accumulating 22,000 total Kalene C. Yanamura, flight cycles or within 57 months after the airspace area extending upward from Acting Manager, Transport Airplane the surface to and including 3,600 feet effective date of this AD, whichever occurs Directorate, Aircraft Certification Service. above sea level within a 3.7-mile radius later, replace the NWW side and top panels [FR Doc. E6–18465 Filed 11–3–06; 8:45 am] using a method approved by the Manager, of Fort Riley, Marshall Army Airfield, Seattle Aircraft Certification Office (ACO), BILLING CODE 4910–13–P KS. The establishment of an air traffic FAA. Doing the replacement terminates the control tower has made this action requirements of this AD. DEPARTMENT OF TRANSPORTATION necessary. The intended effect of this Alternative Methods of Compliance action is to provide controlled airspace (AMOCs) Federal Aviation Administration for flight operations at Fort Riley, (p)(1) The Manager, Seattle ACO, FAA, has Marshall Army Airfield, KS. The are the authority to approve AMOCs for this AD, 14 CFR Part 71 will be depicted on appropriate if requested in accordance with the aeronautical charts. procedures found in 14 CFR 39.19. Class D airspace areas extending (2) Before using any AMOC approved in [Docket No. FAA–2006–25501; Airspace Docket No. 06–ACE–9] upward from the surface of the earth are accordance with § 39.19 on any airplane to published in Paragraph 5000 of FAA which the AMOC applies, notify the appropriate principal inspector in the FAA Establishment of Class D Airspace; Order 7400.9P, Airspace Designations Flight Standards Certificate Holding District Ft. Riley, KS and Reporting Points, dated September Office. 1, 2006, and effective September 16, (3) An AMOC that provides an acceptable AGENCY: Federal Aviation 2006, which is incorporated by level of safety may be used for any repair Administration (FAA), DOT. reference in 14 CFR 71.1. of the same required by this AD, if it is approved by an ACTION: Final rule. Order. The Class D airspace designation Authorized Representative for the Boeing listed in this document will be Commercial Airplanes Delegation Option SUMMARY: Authorization Organization who has been This notice amends Part 71 of published subsequently in the Order. authorized by the Manager, Seattle ACO, to the Federal Aviation Regulations (14 The FAA has determined that this make those findings. For a repair method to CFR part 71) by establishing a Class D regulation only involves an established be approved, the repair must meet the airspace area extending upward from body of technical regulations for which certification basis of the airplane. the surface to and including 3,600 feet frequent and routine amendments are (4) AMOCs approved previously according above sea level within a 3.7-mile radius necessary to keep them operationally to AD 2005–09–02 are approved as AMOCs of Fort Riley, Marshall Army Airfield, current. Therefore, this regulation—(1) for the corresponding provisions of KS. The establishment of an air traffic is not a ‘‘significant regulatory action’’ paragraphs (f) through (j) and (l) of this AD. (5) AMOCs approved previously according control tower has made this action under Executive Order 12866; (2) is not to AD 2004–25–23 are approved as AMOCs necessary. a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 for the corresponding provisions of DATES: Effective Date: 0901 UTC, FR 11034; February 26, 1979); and (3) paragraph (f) of this AD. November 23, 2006. does not warrant preparation of a Material Incorporated by Reference FOR FURTHER INFORMATION CONTACT: Regulatory Evaluation as the anticipated (q) You must use Boeing Alert Service Grant Nichols, System Support, DOT impact is so minimal. Since this a Bulletin 747–53A2465, Revision 4, dated Regional Headquarters Building, Federal routine matter that will only affect air February 24, 2005; and Boeing Service Aviation Administration, 901 Locust, traffic procedures and air navigation, it Bulletin 747–53A2562, Revision 1, dated July Kansas, City, MO 64106; telephone: 28, 2005; as applicable, to perform the is certified that this rule, when actions that are required by this AD, unless (816) 329–2522. promulgated, will not have a significant the AD specifies otherwise. SUPPLEMENTARY INFORMATION: economic impact on a substantial

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number of small entities under the DEPARTMENT OF HOMELAND navigation, Monday through Friday, criteria of the Regulatory Flexibility Act. SECURITY from 8 a.m. on November 6, 2006 to 4 This rulemaking is promulgated p.m. on December 8, 2006. During this under the authority described in subtitle Coast Guard time, critical repairs will be made which VII, part A, subpart I, section 40103. involves modifications to allow for the Under that section, the FAA is charged 33 CFR Part 117 inspection of the bridge’s counterweight with prescribing regulations to assign [CGD11–06–042] wire ropes. This temporary deviation the use of the airspace necessary to has been coordinated with waterway ensure the safety of aircraft and the Drawbridge Operation Regulations; users. No objections to the proposed efficient use of airspace. This regulation Cerritos Channel, Los Angeles, CA temporary rule were raised. While the is within the scope of that authority bridge is in the closed-to-navigation since it contains flight operations at Fort AGENCY: Coast Guard, DHS. position, vessels can transit around Riley, Marshall Army Airfield, KS. ACTION: Notice of temporary deviation Terminal Island to reach the other side from regulations. List of Subjects in 14 CFR Part 71 of the bridge. In accordance with 33 CFR 117.35(c), Airspace, Incorporation by reference, SUMMARY: The Commander, Eleventh this work will be performed with all due Navigation (Air). Coast Guard District, has issued a speed in order to return the bridge to temporary deviation from the regulation Adoption of the Amendment normal operation as soon as possible. governing the operation of the Henry This deviation from the operating I In consideration of the foregoing, the Ford Drawbridge across the Cerritos regulations is authorized under 33 CFR Federal Aviation Administration Channel, mile 4.8 at Los Angeles, CA. 117.35. amends 14 CFR part 71 as follows: This deviation allows the bridge to remain in the closed-to-navigation Dated: October 24, 2006. PART 71—DESIGNATION OF CLASS A, position during the deviation period. J.A. Breckenridge, CLASS B, CLASS C, CLASS D, AND The deviation is necessary for the bridge Rear Admiral, U.S. Coast Guard, Commander, CLASS E AIRSPACE AREAS; owner, the Port of Los Angeles, to Eleventh Coast Guard District. AIRWAYS; ROUTINES; AND perform critical repairs which involve [FR Doc. E6–18602 Filed 11–3–06; 8:45 am] REPORTING POINTS modifications to allow for the BILLING CODE 4910–15–P inspection of the bridge’s counterweight I 1. The authority citation for part 71 wire ropes. continues to read as follows: DATES: This deviation is effective from ENVIRONMENTAL PROTECTION Authority: 49 U.S.C. 106(g); 40103, 40113, 8 a.m. on November 6, 2006 to 4 p.m. AGENCY 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– on December 8, 2006. 1963 Comp., p. 389. 40 CFR Part 52 ADDRESSES: Materials referred to in this § 71.1 [Amended] document are available for inspection or [EPA–R07–OAR–2006–0837; FRL–8239–3] I 2. The incorporation by reference in copying at Commander (dpw), Eleventh 14 CFR 71.1 of Federal Aviation Coast Guard District, Building 50–2, Approval and Promulgation of Administration Order 7400.9P, dated Coast Guard Island, Alameda, CA Implementation Plans; State of September 1, 2006, and effective 94501–5100, between 8 a.m. and 4 p.m., Missouri September 16, 2006, is amended as Monday through Friday, except Federal AGENCY: Environmental Protection follows: holidays. The telephone number is (510) Agency (EPA). 437–3515. The Bridge Section office Paragraph 5000. Class D Airspace ACTION: Direct final rule. maintains the public docket for this * * * * * temporary deviation. SUMMARY: EPA is taking direct final ACE KS D Fort Riley, KS FOR FURTHER INFORMATION CONTACT: action to approve a revision to the State Fort Riley, Marshall Army Airfield, KS David H. Sulouff, Chief, Bridge Section, Implementation Plan (SIP) revision (Lat. 39°03′19″ N., long. 96°45′52″ W.) Eleventh Coast Guard District, submitted by the State of Missouri to Junction City, Freeman Field, KS telephone (510) 437–3516. add a test method for compliance testing (Lat. 39°02′36″ N., long. 96°50′36″ W.) SUPPLEMENTARY INFORMATION: On to the rule that will reduce emissions of That airspace extending upward from the October 5, 2006, The Port of Los nitrogen oxides (NOX) of major sources surface to and including 3,600 feet MSL Angeles requested a temporary change in the St. Louis ozone nonattainment within a 3.7-mile radius of the Marshall area. Army Airfield excluding that airspace within to the operation of the Henry Ford R–3602B and excluding that airspace within Drawbridge, mile 4.8, Cerritos Channel, DATES: This direct final rule will be a 1-mile radius of Junction City, Freeman at Los Angeles, CA. The Henry Ford effective January 5, 2007, without Field, KS. This Class D airspace area is Drawbridge navigation span provides a further notice, unless EPA receives effective during the specific dates and times vertical clearance of 7 feet above Mean adverse comment by December 6, 2006. established in advance by a Notice to High Water in the closed-to-navigation If adverse comment is received, EPA Airmen. The effective date and time will position. Presently, the drawspan is will publish a timely withdrawal of the thereafter be continuously published in the Airport/Facility Directory. maintained in the fully open position, direct final rule in the Federal Register except when a train is crossing or for informing the public that the rule will * * * * * maintenance. When the drawspan is in not take effect. Issued in Forth Worth, Texas on October the closed position, it opens on signal ADDRESSES: Submit your comments, 17, 2006. as required by 33 CFR 117.147(b). identified by Docket ID No. EPA–R07– Donald R. Smith, Navigation on the waterway is mainly OAR–2006–0837, by one of the Manager, System Support Group, ATO commercial traffic, servicing ships following methods: Central Service Area. entering and leaving the port. The Port 1. http://www.regulations.gov. Follow [FR Doc. 06–9073 Filed 11–3–06; 8:45 am] of Los Angeles requested the drawbridge the on-line instructions for submitting BILLING CODE 4910–13–M be allowed to remain closed to comments.

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2. E-mail: [email protected]. 901 North 5th Street, Kansas City, SIP. We must provide public notice and 3. Mail: Amy Algoe-Eakin, Kansas 66101. The Regional Office’s seek additional public comment Environmental Protection Agency, Air official hours of business are Monday regarding the proposed Federal action Planning and Development Branch, 901 through Friday, 8 to 4:30 excluding on the State submission. If adverse North 5th Street, Kansas City, Kansas Federal holidays. The interested persons comments are received, they must be 66101. wanting to examine these documents addressed prior to any final Federal 5. Hand Delivery or Courier. Deliver should make an appointment with the action by us. your comments to Amy Algoe-Eakin, office at least 24 hours in advance. All State regulations and supporting Environmental Protection Agency, Air FOR FURTHER INFORMATION CONTACT: information approved by EPA under Planning and Development Branch, 901 Amy Algoe-Eakin at (913) 551–7942, or section 110 of the CAA are incorporated North 5th Street, Kansas City, Kansas by e-mail at [email protected]. 66101. into the Federally-approved SIP. SUPPLEMENTARY INFORMATION: Instructions: Direct your comments to Records of such SIP actions are Docket ID No. EPA–R07–OAR–2006– Throughout this document whenever maintained in the Code of Federal 0837. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Regulations (CFR) at title 40, part 52, received will be included in the public EPA. This section provides additional entitled ‘‘Approval and Promulgation of docket without change and may be information by addressing the following Implementation Plans.’’ The actual State made available online at http:// questions: regulations which are approved are not www.regulations.gov, including any What Is a SIP? reproduced in their entirety in the CFR personal information provided, unless What Is the Federal Approval Process for a outright but are ‘‘incorporated by the comment includes information SIP? reference,’’ which means that we have claimed to be Confidential Business What Does Federal Approval of a State approved a given State regulation with Information (CBI) or other information Regulation Mean To Me? a specific effective date. What Is Being Addressed in This Document? whose disclosure is restricted by statute. Have the Requirements For Approval of a SIP What Does Federal Approval of a State Do not submit through http:// Revision Been Met? Regulation Mean to Me? www.regulations.gov or e-mail What Action Is EPA Taking? information that you consider to be CBI Enforcement of the State regulation or otherwise protected. The http:// What Is a SIP? before and after it is incorporated into www.regulations.gov Web site is an Section 110 of the Clean Air Act the Federally-approved SIP is primarily ‘‘anonymous access’’ system, which (CAA) requires States to develop air a State responsibility. However, after the means EPA will not know your identity pollution regulations and control regulation is Federally approved, we are or contact information unless you strategies to ensure that State air quality authorized to take enforcement action provide it in the body of your comment. meets the national ambient air quality against violators. Citizens are also If you send an e-mail comment directly standards (NAAQS) established by EPA. offered legal recourse to address to EPA without going through http:// These ambient standards are established violations as described in section 304 of www.regulations.gov, your e-mail under section 109 of the CAA, and they the CAA. address will be automatically captured currently address six criteria pollutants. and included as part of the comment These pollutants are: carbon monoxide, What Is Being Addressed in This that is placed in the public docket and nitrogen dioxide, ozone, lead, Document? made available on the Internet. If you particulate matter, and sulfur dioxide. EPA is approving a revision to the SIP submit an electronic comment, EPA Each State must submit these for the State of Missouri that was State recommends that you include your regulations and control strategies to us effective on May 30, 2006. The purpose name and other contact information in for approval and incorporation into the of the revision is to add Method 19 at the body of your comment and with any Federally-enforceable SIP. 10 CSR 10–5.510(5)(A)5. as an disk or CD–ROM you submit. If EPA Each Federally-approved SIP protects acceptable test method for compliance cannot read your comment due to air quality primarily by addressing air testing. Method 19 is a test method technical difficulties and cannot contact pollution at its point of origin. These promulgated by EPA in 40 CFR part 60, you for clarification, EPA may not be SIPs can be extensive, containing State appendix A, which is used to determine able to consider your comment. regulations or other enforceable (calculate or compute) NO (heat input Electronic files should avoid the use of documents and supporting information X specific) emission rates (pound per special characters, any form of such as emission inventories, mmBtu). To accommodate the addition encryption, and be free of any defects or monitoring networks, and modeling of Method 19, it was necessary to viruses. demonstrations. Docket: All documents in the renumber the test methods in the State electronic docket are listed in the What Is the Federal Approval Process rule. for a SIP? http://www.regulations.gov index. Have the Requirements for Approval of Although listed in the index, some In order for State regulations to be a SIP Revision Been Met? information is not publicly available, incorporated into the Federally- i.e., CBI or other information whose enforceable SIP, States must formally The State submittal has met the disclosure is restricted by statute. adopt the regulations and control public notice requirements for SIP Certain other material, such as strategies consistent with State and submissions in accordance with 40 CFR copyrighted material, is not placed on Federal requirements. This process 51.102. The submittal also satisfied the the Internet and will be publicly generally includes a public notice, completeness criteria of 40 CFR part 51, available only in hard copy form. public hearing, public comment period, appendix V. In addition, as explained Publicly available docket materials are and a formal adoption by a State- above and in more detail in the available either electronically in http:// authorized rulemaking body. technical support document which is www.regulations.gov or in hard copy at Once a State rule, regulation, or part of this docket, the revision meets the Environmental Protection Agency, control strategy is adopted, the State the substantive SIP requirements of the Air Planning and Development Branch, submits it to us for inclusion into the CAA.

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What Action Is EPA Taking? Indian tribes, or on the distribution of report containing this rule and other EPA is approving a revision to the SIP power and responsibilities between the required information to the U.S. Senate, for the State of Missouri to add Method Federal Government and Indian tribes, the U.S. House of Representatives, and 19 at 10 CSR 10–5.510(5)(A)5. as an as specified by Executive Order 13175 the Comptroller General of the United acceptable test method for compliance (65 FR 67249, November 9, 2000). This States prior to publication of the rule in testing. To accommodate the addition of action also does not have Federalism the Federal Register. A major rule Method 19, it was necessary to implications because it does not have cannot take effect until 60 days after it renumber the test methods in this rule. substantial direct effects on the States, is published in the Federal Register. We are processing this action as a on the relationship between the national This action is not a ‘‘major rule’’ as direct final action because the revisions government and the States, or on the defined by 5 U.S.C. 804(2). make routine changes to the existing SIP distribution of power and Under section 307(b)(1) of the Clean which are noncontroversial. Therefore, responsibilities among the various Air Act, petitions for judicial review of we do not anticipate any adverse levels of government, as specified in this action must be filed in the United comments. Please note that if EPA Executive Order 13132 (64 FR 43255, States Court of Appeals for the receives adverse comment on part of August 10, 1999). This action merely appropriate circuit by January 5, 2007. this rule and if that part can be severed approves a State rule implementing a Filing a petition for reconsideration by from the remainder of the rule, EPA may Federal standard, and does not alter the the Administrator of this final rule does adopt as final those parts of the rule that relationship or the distribution of power not affect the finality of this rule for the are not the subject of an adverse and responsibilities established in the purposes of judicial review nor does it comment. CAA. This rule also is not subject to extend the time within which a petition Executive Order 13045, ‘‘Protection of for judicial review may be filed, and Statutory and Executive Order Reviews Children from Environmental Health shall not postpone the effectiveness of Under Executive Order 12866 (58 FR Risks and Safety Risks’’ (62 FR 19885, such rule or action. This action may not 51735, October 4, 1993), this action is April 23, 1997), because it is not be challenged later in proceedings to not a ‘‘significant regulatory action’’ and economically significant. enforce its requirements. (See section therefore is not subject to review by the In reviewing SIP submissions, EPA’s 307(b)(2).) role is to approve State choices, Office of Management and Budget. For List of Subjects in 40 CFR Part 52 this reason, this action is also not provided that they meet the criteria of subject to Executive Order 13211, the CAA. In this context, in the absence Environmental protection, Air ‘‘Actions Concerning Regulations That of a prior existing requirement for the pollution control, Intergovernmental Significantly Affect Energy Supply, State to use voluntary consensus relations, Nitrogen dioxide, Ozone, Distribution, or Use’’ (66 FR 28355, May standards (VCS), EPA has no authority Reporting and recordkeeping 22, 2001). This action merely approves to disapprove a SIP submission for requirements, Volatile organic State law as meeting Federal failure to use VCS. It would thus be compounds. requirements and imposes no additional inconsistent with applicable law for Dated: October 25, 2006. requirements beyond those imposed by EPA, when it reviews a SIP submission, Martha Cuppy, to use VCS in place of a SIP submission State law. Accordingly, the Acting Regional Administrator, Region 7. Administrator certifies that this rule that otherwise satisfies the provisions of will not have a significant economic the CAA. Thus, the requirements of I Chapter I, title 40 of the Code of impact on a substantial number of small section 12(d) of the National Federal Regulations is amended as entities under the Regulatory Flexibility Technology Transfer and Advancement follows: Act (5 U.S.C. 601 et seq.). Because this Act of 1995 (15 U.S.C. 272 note) do not PART 52—[AMENDED] rule approves pre-existing requirements apply. This rule does not impose an under State law and does not impose information collection burden under the I 1. The authority citation for part 52 any additional enforceable duty beyond provisions of the Paperwork Reduction continues to read as follows: that required by State law, it does not Act of 1995 (44 U.S.C. 3501 et seq.). Authority: 42 U.S.C. 7401 et seq. contain any unfunded mandate or The Congressional Review Act, 5 significantly or uniquely affect small U.S.C. 801 et seq., as added by the Small Subpart AA—Missouri governments, as described in the Business Regulatory Enforcement Unfunded Mandates Reform Act of 1995 Fairness Act of 1996, generally provides I 2. In § 52.1320(c) the table is amended (Pub. L. 104–4). that before a rule may take effect, the under Chapter 5 by revising the entry This rule also does not have tribal agency promulgating the rule must for ‘‘10–5.510’’ to read as follows: implications because it will not have a submit a rule report, which includes a substantial direct effect on one or more copy of the rule, to each House of the § 52.1320 Identification of Plan. Indian tribes, on the relationship Congress and to the Comptroller General * * * * * between the Federal Government and of the United States. EPA will submit a (c) * * *

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EPA-APPROVED MISSOURI REGULATIONS

State effective Missouri citation Title date EPA approval date Explanation

Missouri Department of Natural Resources

******* Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area

******* 10–5.510 ...... Control of Emissions of Nitrogen 05/30/06 11/06/06 Oxides. [insert FR page number where the document begins].

*******

* * * * * the determination that the entire Rocky Development Section, Air Planning [FR Doc. E6–18567 Filed 11–3–06; 8:45 am] Mount 8-hour ozone nonattainment area Branch, Air, Pesticides and Toxics BILLING CODE 6560–50–P has attained the 8-hour ozone standard. Management Division, U.S. In this action, EPA is also finding Environmental Protection Agency, adequate and approving the 2008 and Region 4, 61 Forsyth Street, SW., ENVIRONMENTAL PROTECTION 2017 motor vehicle emissions budgets Atlanta, Georgia 30303–8960. Such AGENCY (MVEBs) for nitrogen oxides (NOX) (for deliveries are only accepted during the both Edgecombe and Nash counties) Regional Office’s normal hours of 40 CFR Parts 52 and 81 that are contained in the 8-hour ozone operation. The Regional Office’s official [EPA–R04–OAR–2006–0676–200622(a); maintenance plan for the Rocky Mount hours of business are Monday through FRL–8239–5] nonattainment area. North Carolina has Friday, 8:30 to 4:30, excluding Federal established subarea MVEBs at the holidays. Approval and Promulgation of county level so each county must Instructions: Direct your comments to Implementation Plans and Designation consider its individual subarea MVEBs Docket ID No.: ‘‘EPA–R04–OAR–2006– of Areas for Air Quality Planning for the purposes of implementing 0676’’. EPA’s policy is that all Purposes; North Carolina; transportation conformity. Further, in comments received will be included in Redesignation of the Rocky Mount 8- this action, EPA is finding adequate and the public docket without change and Hour Ozone Nonattainment Area to approving the insignificance may be made available online at Attainment determination for volatile organic http://www.regulations.gov, including compounds’ (VOCs) contribution from AGENCY: Environmental Protection any personal information provided, motor vehicle emissions to the 8-hour Agency (EPA). unless the comment includes ozone pollution in the Rocky Mount, ACTION: Direct final rule. information claimed to be Confidential North Carolina area. Business Information (CBI) or other SUMMARY: On June 19, 2006, the State of DATES: This rule is effective on January information whose disclosure is North Carolina, through the North 5, 2007, without further notice, unless restricted by statute. Do not submit Carolina Department of Environment EPA receives adverse written comments through www.regulations.gov or e-mail, and Natural Resources (NCDENR), by December 6, 2006. If EPA receives information that you consider to be CBI Division of Air Quality, submitted a such comments, it will publish a timely or otherwise protected. The final request: to redesignate the Rocky withdrawal of the direct final rule in the www.regulations.gov Web site is an Mount 8-hour ozone nonattainment area Federal Register and inform the public ‘‘anonymous access’’ system, which to attainment for the 8-hour ozone that the rule will not take effect. means EPA will not know your identity National Ambient Air Quality Standard ADDRESSES: Submit your comments, or contact information unless you (NAAQS), and to approve a North identified by Docket ID No EPA–R04– provide it in the body of your comment. Carolina State Implementation Plan OAR–2006–0676, by one of the If you send an e-mail comment directly (SIP) revision containing a maintenance following methods: to EPA without going through plan for Rocky Mount, North Carolina. 1. http://www.regulations.gov : Follow www.regulations.gov, your e-mail The Rocky Mount 8-hour ozone the online instructions for submitting address will be automatically captured nonattainment area is comprised of two comments. and included as part of the comment counties, Edgecombe and Nash. EPA is 2. E-mail: [email protected] or that is placed in the public docket and approving the 8-hour ozone [email protected]. made available on the Internet. If you redesignation request for the Rocky 3. Fax: 404–562–9019. submit an electronic comment, EPA Mount 8-hour ozone nonattainment 4. Mail: ‘‘EPA–R04–OAR–2006– recommends that you include your area. Additionally, EPA is approving the 0676’’, Regulatory Development Section, name and other contact information in 8-hour ozone maintenance plan for Air Planning Branch, Air, Pesticides and the body of your comment and with any Rocky Mount, North Carolina. This Toxics Management Division, U.S. disk or CD–ROM you submit. If EPA approval is based on EPA’s Environmental Protection Agency, cannot read your comment due to determination that the State of North Region 4, 61 Forsyth Street, SW., technical difficulties and cannot contact Carolina has demonstrated that the Atlanta, Georgia 30303–8960. you for clarification, EPA may not be Rocky Mount area has met the criteria 5. Hand Delivery or Courier. Deliver able to consider your comment. for redesignation to attainment specified your comments to: Nacosta C. Ward or Electronic files should avoid the use of in the Clean Air Act (CAA), including Amanetta Wood, Regulatory special characters, any form of

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encryption, and be free of any defects or XI. Statutory and Executive Order Reviews establishes a process for air quality viruses. For additional information I. What Are the Actions EPA Is Taking? management through the NAAQS. about EPA’s public docket visit the EPA On July 18, 1997, EPA promulgated a Docket Center homepage at http:// Through this rulemaking, EPA is revised 8-hour ozone standard of 0.08 www.epa.gov/epahome/dockets.htm. taking several related actions. EPA is parts per million (ppm). This new Docket: All documents in the making the determination that the standard is more stringent than the electronic docket are listed in the Rocky Mount 8-hour ozone previous 1-hour ozone standard. Under www.regulations.gov index. Although nonattainment area has attained the 8- EPA regulations at 40 CFR part 50, the listed in the index, some information is hour ozone standard, and has met the 8-hour ozone standard is attained when not publicly available, i.e., CBI or other requirements for redesignation under the 3-year average of the annual fourth- information whose disclosure is section 107(d)(3)(E) of the CAA. The highest daily maximum 8-hour average restricted by statute. Certain other Rocky Mount area is a basic 8-hour ambient air quality ozone material, such as copyrighted material, ozone nonattainment area. The Rocky concentrations is less than or equal to is not placed on the Internet and will be Mount 8-hour ozone nonattainment area 0.08 ppm (i.e. 0.084 ppm when publicly available only in hard copy is comprised of Edgecombe and Nash rounding is considered). (See 69 FR form. Publicly available docket counties. EPA is approving a request to 23857 (April 30, 2004) for further materials are available either change the legal designation of the information). Ambient air quality electronically in http:// Rocky Mount area from nonattainment monitoring data for the 3-year period www.regulations.gov or in hard copy at to attainment for the 8-hour ozone must meet a data completeness the Regulatory Development Section, NAAQS. requirement. The ambient air quality Air Planning Branch, Air, Pesticides and EPA is also approving North monitoring data completeness Toxics Management Division, U.S. Carolina’s 8-hour ozone maintenance requirement is met when the average Environmental Protection Agency, plan for the Rocky Mount area (such percent of days with valid ambient Region 4, 61 Forsyth Street, SW., approval being one of the CAA criteria monitoring data is greater than 90 Atlanta, Georgia 30303–8960. EPA for redesignation to attainment status). percent, and no single year has less than requests that if at all possible, you The maintenance plan is designed to 75 percent data completeness as contact the person listed in the FOR help keep the Rocky Mount area in determined in Appendix I of part 50. FURTHER INFORMATION CONTACT section to attainment for the 8-hour ozone NAAQS Specifically, section 2.3 of 40 CFR part schedule your inspection. The Regional for the next 12 years, and includes an 50, Appendix I, ‘‘Comparisons with the Office’s official hours of business are insignificance finding for VOCs for the Primary and Secondary Ozone Monday through Friday, 8:30 to 4:30, entire Rocky Mount, North Carolina Standards’’ states: ‘‘The primary and excluding legal holidays. area, and new NOX subarea MVEBs for secondary ozone ambient air quality FOR FURTHER INFORMATION CONTACT: the years 2008 and 2017 for Edgecombe standards are met at an ambient air Nacosta C. Ward of the Regulatory and Nash counties. quality monitoring site when the 3-year Development Section or Amanetta Additionally, through this average of the annual fourth-highest Wood of the Air Quality Modeling and rulemaking, EPA is announcing its daily maximum 8-hour average ozone Transportation Section, Air Planning action on the Adequacy Process for the concentration is less than or equal to Branch, Air, Pesticides and Toxics newly-established 2008 and 2017 NOX 0.08 ppm. The number of significant Management Division, U.S. MVEBs for the Rocky Mount 8-hour figures in the level of the standard Environmental Protection Agency, ozone area. Further, EPA is announcing dictates the rounding convention for Region 4, 61 Forsyth Street, SW., its action on the Adequacy Process for comparing the computed 3-year average Atlanta, Georgia 30303–8960. The the insignificance finding related to annual fourth-highest daily maximum 8- telephone number is (404) 562–9140 or VOCs from motor vehicles for the Rocky hour average ozone concentration with (404) 562–9025. Ms. Nacosta Ward can Mount 8-hour ozone area. The the level of the standard. The third be reached via electronic mail at Adequacy comment period for the new decimal place of the computed value is [email protected]. Ms. Amanetta NOX MVEBs and the VOCs rounded, with values equal to or greater Wood can also be reached via electronic insignificance finding began on August than 5 rounding up. Thus, a computed mail at [email protected]. 8, 2006, with EPA’s posting of the 3-year average ozone concentration of availability of this submittal on EPA’s 0.085 ppm is the smallest value that is SUPPLEMENTARY INFORMATION: Adequacy Web site (at http:// greater than 0.08 ppm.’’ Table of Contents www.epa.gov/otaq/stateresources/ The CAA required EPA to designate I. What Are the Actions EPA Is Taking? transconf/currsips.htm). The Adequacy as nonattainment any area that was II. What Is the Background for the Actions? comment period for these MVEBs and violating the 8-hour ozone NAAQS III What Are the Criteria for Redesignation? VOCs insignificance finding closed on based on the three most recent years of IV. Why Is EPA Taking These Actions? September 7, 2006. No requests or ambient air quality data. The Rocky V. What Is the Effect of EPA’s Actions? adverse comments on this submittal Mount 8-hour ozone nonattainment area VI. What Is EPA’s Analysis of the Request? was designated using 2001 to 2003 VII. What Is an Adequacy Determination? were received during EPA’s Adequacy VIII. What Is the Status of EPA’s Adequacy comment period. Please see section VII ambient air quality data. The Federal Determination for the Rocky Mount of this rulemaking for further Register notice making these Area’s Proposed New NOX Subarea explanation of this process. designations was signed on April 15, MVEBs for the Years 2008 and 2017? 2004, and published on April 30, 2004, IX. What Is the Status of EPA’s Adequacy II. What Is the Background for the (69 FR 23857). The CAA contains two Determination for the Rocky Mount Actions? sets of provisions—subpart 1 and Area’s Proposed Insignificance Finding Ground-level ozone is not emitted subpart 2—that address planning and for VOCs from Motor Vehicles? directly by sources. Rather, emissions of control requirements for ozone X. Final Action on the Redesignation Request, the Maintenance Plan SIP NOX and VOCs react in the presence of nonattainment areas. (Both are found in Revision Including Approval of the 2008 sunlight to form ground-level ozone. title I, part D.) Subpart 1 (which covers and 2017 NOX MVEBs, and the VOCs NOX and VOCs are referred to as areas that EPA refers to as ‘‘basic’’ Insignificance Finding. precursors of ozone. The CAA nonattainment) contains general, less

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prescriptive, requirements for April 15, 2004, an area was to be 2004, (69 FR 23857) and is subject to nonattainment areas for any pollutant— classified under subpart 2 based on its subpart 1 of part D. In 2005, the ambient including ozone—governed by a 8-hour ozone design value (i.e., the 3- ozone data for the Rocky Mount NAAQS. Subpart 2 (which covers areas year average of the annual fourth- nonattainment area indicated no further that EPA refers to as ‘‘classified’’ highest daily maximum 8-hour average violation of the 8-hour ozone standard, nonattainment) provides more specific ozone concentrations), if it had a 1-hour using data from the 3-year period of requirements for certain ozone design value at or above 0.121 ppm (the 2003–2005 (with the 2003–2005 design nonattainment areas. Some 8-hour lowest 1-hour design value in Table 1 of value of 0.079 ppm), to demonstrate ozone nonattainment areas are subject subpart 2). All other areas are covered attainment. Available monitoring data only to the provisions of subpart 1. under subpart 1, based upon their 8- through July 2006 indicates continued Other 8-hour ozone nonattainment areas hour ambient air quality design values. attainment of the 8-hour ozone are also subject to the provisions of The Rocky Mount area was originally standard. These data are depicted in subpart 2. Under EPA’s Phase 1 8-hour designated as a ‘‘basic’’ 8-hour ozone Ozone Implementation Rule, signed on nonattainment area by EPA on April 30, Table 1 below:

TABLE 1.—CURRENT AIR QUALITY DATA IN THE ROCKY MOUNT, NC AREA Air Quality System Monitoring Data for Edgecombe County (Leggett monitor AIRS ID #37–065–0099)

April 2006 May 2006 June 2006 July 2006

Monthly Maximum 8-hour ozone Values (ppm) ...... 074 .077 .074 .068

On June 19, 2006, the State of North meeting the requirements of section from Michael H. Shapiro, Acting Assistant Carolina requested redesignation to 175A; and, (5) the State containing such Administrator for Air and Radiation, attainment for the 8-hour ozone area has met all requirements applicable September 17, 1993; standard for the Rocky Mount, North to the area under section 110 and part 8. ‘‘Use of Actual Emissions in Maintenance Demonstrations for Ozone and Carolina 8-hour ozone nonattainment D. CO Nonattainment Areas,’’ Memorandum area. The redesignation request includes EPA provided guidance on from D. Kent Berry, Acting Director, Air three years of complete, quality-assured redesignation in the General Preamble Quality Management Division, November 30, ambient air quality data for the ozone for the Implementation of Title I of the 1993; seasons of 2003 through 2005, CAA Amendments of 1990, on April 16, 9. ‘‘Part D New Source Review (Part D indicating the 8-hour ozone NAAQS 1992 (57 FR 13498), and supplemented NSR) Requirements for Areas Requesting had been achieved for the Rocky Mount this guidance on April 28, 1992 (57 FR Redesignation to Attainment,’’ Memorandum area. The ozone season for this area is 18070). EPA has provided further from Mary D. Nichols, Assistant guidance on processing redesignation Administrator for Air and Radiation, October from April 1 until October 31 of a 14, 1994; and calendar year. Under the CAA, requests in the following documents: 10. ‘‘Reasonable Further Progress, nonattainment areas may be 1. ‘‘Ozone and Carbon Monoxide Design Attainment Demonstration, and Related redesignated to attainment if sufficient, Value Calculations,’’ Memorandum from Bill Requirements for Ozone Nonattainment complete, quality-assured data is Laxton, June 18, 1990; Areas Meeting the Ozone National Ambient available for the Administrator to 2. ‘‘Maintenance Plans for Redesignation of Air Quality Standard,’’ Memorandum from determine that the area has attained the Ozone and Carbon Monoxide Nonattainment John S. Seitz, Director, Office of Air Quality standard and the area meets the other Areas,’’ Memorandum from G. T. Helms, Planning and Standards, May 10, 1995. Chief, Ozone/Carbon Monoxide Programs CAA redesignation requirements in Branch, April 30, 1992; IV. Why Is EPA Taking These Actions? section 107(d)(3)(E). 3. ‘‘Contingency Measures for Ozone and On June 19, 2006, the State of North Carbon Monoxide (CO) Redesignations,’’ Carolina requested redesignation of the III. What Are the Criteria for Memorandum from G. T. Helms, Chief, Redesignation? Ozone/Carbon Monoxide Programs Branch, Rocky Mount 8-hour ozone June 1, 1992; nonattainment area to attainment for the The CAA provides the requirements 4. ‘‘Procedures for Processing Requests to 8-hour ozone standard. EPA believes for redesignating a nonattainment area Redesignate Areas to Attainment,’’ that the State of North Carolina has to attainment. Specifically, section Memorandum from John Calcagni, Director, demonstrated that the Rocky Mount area 107(d)(3)(E) allows for redesignation Air Quality Management Division, September has attained the standard and has met providing that: (1) The Administrator 4, 1992; the requirements for redesignation set determines that the area has attained the 5. ‘‘State Implementation Plan (SIP) forth in section 107(d)(3)(E) of CAA. applicable NAAQS; (2) the Actions Submitted in Response to Clean Air Administrator has fully approved the Act (ACT) Deadlines,’’ Memorandum from V. What Is the Effect of EPA’s Actions? John Calcagni, Director, Air Quality applicable implementation plan for the Management Division, October 28, 1992; Approval of this redesignation request area under section 110(k); (3) the 6. ‘‘Technical Support Documents (TSD’s) would change the official designation of Administrator determines that the for Redesignation of Ozone and Carbon Edgecombe and Nash counties in North improvement in air quality is due to Monoxide (CO) Nonattainment Areas, Carolina for the 8-hour ozone NAAQS permanent and enforceable reductions Memorandum from G. T. Helms, Chief, found at 40 CFR part 81. It would also in emissions resulting from Ozone/Carbon Monoxide Programs Branch, incorporate into the North Carolina SIP implementation of the applicable SIP August 17, 1993; a plan for maintaining the 8-hour ozone and applicable Federal air pollutant 7. ‘‘State Implementation Plan (SIP) NAAQS in the area through 2017. The Requirements for Areas Submitting Requests control regulations and other permanent for Redesignation to Attainment of the Ozone maintenance plan includes contingency and enforceable reductions; (4) the and Carbon Monoxide (CO) National measures to remedy future violations of Administrator has fully approved a Ambient Air Quality Standards (NAAQS) On the 8-hour ozone NAAQS, and maintenance plan for the area as or After November 15, 1992,’’ Memorandum establishes MVEBs of 2,756 kilograms

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per day (kg/d) (3.03 tons per day (tpd)), VI. What Is EPA’s Analysis of the each year must not exceed 0.08 ppm. and 9,757 kg/d (10.77 tpd) for NOX for Request? Based on the rounding convention the year 2008 for Edgecombe and Nash EPA is making the determination that described in 40 CFR part 50, Appendix counties, respectively. For the year the Rocky Mount 8-hour ozone I, the standard is attained if the design 2017, the NOX MVEBs for Edgecombe nonattainment area has attained the 8- value is 0.084 ppm or below. The data and Nash counties are 1,383 kg/d (1.53 hour ozone standard, and that all other must be collected and quality-assured in tpd) and 4,558 kg/d (5.03 tpd), redesignation criteria have been met. accordance with 40 CFR part 58, and respectively. Additionally, the The basis for EPA’s determination is as recorded in the EPA Air Quality System maintenance plan includes an follows: (AQS). The monitors generally should insignificance finding for VOCs’ (1) The Rocky Mount area has have remained at the same location for contribution from motor vehicles to the attained the 8-hour ozone NAAQS. the duration of the monitoring period 8-hour ozone pollution in the Rocky EPA is making the determination that required for demonstrating attainment. Mount, North Carolina area. EPA’s the area has attained the 8-hour ozone NCDENR submitted ozone monitoring NAAQS. For ozone, an area may be data to EPA for the ozone season from affirmative adequacy finding and considered to be attaining the 8-hour 2003 to 2005. There is currently one approval for this insignificance ozone NAAQS if there are no violations, monitor measuring ozone, located in the determination waives the regional as determined in accordance with 40 town of Leggett in Edgecombe County, emissions analysis requirement (not the CFR 50.10 and Appendix I of part 50, which provides air quality data for the transportation conformity requirement) based on three complete, consecutive entire Rocky Mount 8-hour ozone for VOCs for this area. The regional calendar years of quality-assured air nonattainment area. This data has been emissions analysis is one, but not the quality monitoring data. To attain this quality assured and is recorded in AQS. only, requirement for implementing standard, the 3-year average of the The fourth-highest averages for 2003, transportation conformity. fourth-highest daily maximum 8-hour 2004 and 2005, and the 3-year average average ozone concentrations measured of these values (i.e. design value), are at each monitor within an area over summarized in Table 2:

TABLE 2.—QUALITY ASSURED MONITORING DATA IN THE ROCKY MOUNT, NC AREA FOR 2003–2005

4th Highest 8-hour ozone values (ppm) Design Value County (ppm) 2003 2004 2005 2003–2005

Edgecombe (Leggett Monitor)...... 0.088 0.072 0.079 0.079

In addition, as discussed below with requirements for the Rocky Mount area redesignation to attainment must meet respect to the maintenance plan, under section 110 of the CAA (general only the relevant CAA requirements that NCDENR has indicated a commitment SIP requirements). EPA has also come due prior to the submittal of a to continue monitoring in the Rocky determined that the North Carolina SIP complete redesignation request. See also Mount area in accordance with 40 CFR satisfies the criterion that it meets Michael Shapiro memorandum, part 58 by requiring the use of the data applicable SIP requirements under part September 17, 1993, and 60 FR 12459, from the monitor in Edgecombe County D of title I of the CAA (requirements 12465–66 (March 7, 1995) to verify continued maintenance of the specific to subpart 1 basic 8-hour ozone (redesignation of Detroit-Ann Arbor, 8-hour ozone NAAQS. On September nonattainment areas) in accordance MI). Applicable requirements of the 11, 2006, NCDENR submitted a letter to with section 107(d)(3)(E)(v). In addition, CAA that come due subsequent to the EPA clarifying this commitment. EPA has determined that the SIP is fully area’s submittal of a complete NCDENR will operate and continue approved with respect to all applicable redesignation request remain applicable monitoring at the Leggett ozone monitor requirements in accordance with section until a redesignation is approved, but throughout the maintenance period and 107(d)(3)(E)(ii). In making these are not required as a prerequisite to until there is a change approved by EPA determinations, EPA ascertained which redesignation. See section 175A(c) of to discontinue operation, relocate or requirements are applicable to the area the CAA; Sierra Club v. EPA, 375 F.3d otherwise affect the ambient monitoring and that if applicable they are fully 537 (7th Cir. 2004). See also 68 FR network in place. In summary, EPA approved under section 110(k). SIPs 25424, 25427 (May 12, 2003) believes that the data submitted by must be fully approved only with (redesignation of St. Louis, MO). North Carolina provides an adequate respect to applicable requirements. General SIP requirements: Section demonstration that the Rocky Mount 8- a. Rocky Mount, North Carolina has 110(a)(2) of title I of the CAA delineates hour ozone nonattainment area has met all applicable requirements under the general requirements for a SIP, attained the 8-hour ozone NAAQS. section 110 and part D of the CAA. which include enforceable emissions (2) North Carolina has a fully The September 4, 1992, Calcagni limitations and other control measures, approved SIP under section 110(k) for memorandum (see ‘‘Procedures for means, or techniques, provisions for the Edgecombe and Nash Counties and (5) Processing Requests to Redesignate establishment and operation of has met all applicable requirements Areas to Attainment,’’ Memorandum appropriate devices necessary to collect under section 110 and part D of the from John Calcagni, Director, Air data on ambient air quality, and CAA. Quality Management Division, programs to enforce the limitations. Below is a summary of how these two September 4, 1992) describes EPA’s General SIP elements and requirements criteria were met. interpretation of section 107(d)(3)(E). are delineated in section 110(a)(2) of EPA has determined that North Under this interpretation, to qualify for title I, part A of the CAA. These Carolina has met all applicable SIP redesignation, states requesting requirements include, but are not

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limited to, the following: Submittal of a redesignation. In addition, EPA believes depending on the area’s nonattainment SIP that has been adopted by the state that the other section 110 elements not classification. Subpart 2 is not after reasonable public notice and connected with nonattainment plan applicable to the Rocky Mount area. hearing; provisions for establishment submissions and not linked with an Part D, subpart 1 applicable SIP and operation of appropriate procedures area’s attainment status are not requirements: For purposes of needed to monitor ambient air quality; applicable requirements for purposes of evaluating this redesignation request, implementation of a source permit redesignation. The State will still be the applicable part D, subpart 1 SIP program; provisions for the subject to these requirements after the requirements for all nonattainment areas implementation of part C requirements area is redesignated. The section 110 are contained in sections 172(c)(1)–(9). (Prevention of Significant Deterioration and part D requirements, which are A thorough discussion of the (PSD) and provisions for the linked with a particular area’s requirements contained in section 172 implementation of part D requirements designation and classification, are the can be found in the General Preamble (New Source Review (NSR) permit relevant measures to evaluate in for Implementation of Title I (57 FR programs); provisions for air pollution reviewing a redesignation request. This 13498). No requirements applicable for modeling; and provisions for public and approach is consistent with EPA’s purposes of redesignation under part D local agency participation in planning existing policy on applicability (i.e., for became due prior to the submission of and emission control rule development. redesignations) of conformity and the redesignation request, and therefore These requirements are discussed in the oxygenated fuels requirements, as well none are applicable to the area for following EPA documents: ‘‘Procedures as with section 184 ozone transport purposes of redesignation. For example, for Processing Requests to Redesignate requirements. See Reading, the requirements for an attainment Areas to Attainment,’’ Memorandum Pennsylvania, proposed and final demonstration that meets the from John Calcagni, Director, Air rulemakings (61 FR 53174–53176, requirements of section 172(c)(1) are not Quality Management Division, October 10, 1996), (62 FR 24826, May 7, yet applicable, nor are the requirements September 4, 1992; ‘‘State 1997); Cleveland-Akron-Loraine, Ohio, for Reasonably Achievable Control Implementation Plan (SIP) Actions final rulemaking (61 FR 20458, May 7, Technology (RACT) and Reasonably Submitted in Response to Clean Air Act 1996); and Tampa, Florida, final Available Control Measures (RACM) (CAA) Deadlines,’’ memorandum from rulemaking at (60 FR 62748, December (section 172(c)(1)), reasonable further John Calcagni, Director, Air Quality 7, 1995). See also the discussion on this progress (RFP) (section 172(c)(2)), and Management Division, October 28, 1992; issue in the Cincinnati redesignation (65 contingency measures (section and ‘‘State Implementation Plan (SIP) FR 37890, June 19, 2000), and in the 172(c)(9)). Requirements for Areas Submitting Pittsburgh redesignation (66 FR 50399, In addition to the fact that no part D Requests for Redesignation to October 19, 2001). requirements applicable for purposes of EPA believes that section 110 Attainment of the Ozone and Carbon redesignation became due prior to elements not linked to the area’s Monoxide (CO) National Ambient Air submission of the redesignation request nonattainment status are not applicable Quality Standards (NAAQS) on or after and therefore are not applicable, EPA for purposes of redesignation. Any November 15, 1992,’’ Memorandum believes it is reasonable to interpret the from Michael H. Shapiro, Acting section 110 requirements that are linked conformity and NSR requirements as Assistant Administrator, September 17, to the part D requirements for 8-hour not requiring approval prior to 1993. See also guidance documents ozone nonattainment areas are not yet redesignation. listed in section III above. due, since, as explained below, no part Section 110(a)(2)(D) requires that SIPs D requirements applicable for purposes Section 176 Conformity contain certain measures to prevent of redesignation under the 8-hour ozone Requirements: Section 176(c) of the sources in a state from significantly standard became due prior to the CAA requires states to establish criteria contributing to air quality problems in submission of the redesignation request. and procedures to ensure that Federally another state. To implement this Therefore, as discussed above, for supported or funded projects conform to provision, EPA has required certain purposes of redesignation, they are not the air quality planning goals in the states to establish programs to address considered applicable requirements. applicable SIP. The requirement to determine conformity applies to the transport of air pollutants (NOX SIP Nonetheless, EPA notes that it has Call, Clean Air Interstate Rule (CAIR)). previously approved provisions in the transportation plans, programs and North Carolina’s final CAIR submittal North Carolina SIP addressing section projects developed, funded or approved was received by EPA on August 15, 110 elements under the 1-hour ozone under title 23 of the United States Code 2006. However, the section 110(a)(2)(D) standard (51 FR 19834, June 3, 1986). (U.S.C.) and the Federal Transit Act requirements for a state are not linked EPA believes that the section 110 SIP (‘‘transportation conformity’’) as well as with a particular nonattainment area’s approved for the 1-hour ozone standard to all other Federally supported or designation and classification in that is sufficient to meet requirements under funded projects (‘‘general conformity’’). state. EPA believes that the the 8-hour ozone standard as well. State conformity revisions must be requirements linked with a particular Part D requirements: EPA has also consistent with Federal conformity nonattainment area’s designation and determined that the North Carolina SIP regulations that the CAA required the classification are the relevant measures meets applicable SIP requirements EPA to promulgate. to evaluate in reviewing a redesignation under part D of the CAA since no EPA believes it is reasonable to request. The transport SIP submittal requirements became due prior to the interpret the conformity requirements as requirements, where applicable, submission of the area’s redesignation not applying for purposes of evaluating continue to apply to a state regardless of request. Sections 172–176 of the CAA, the redesignation request under section the designation of any one particular found in subpart 1 of part D, set forth 107(d) because state conformity rules area in the state. the basic nonattainment requirements are still required after redesignation and Thus, we do not believe that the applicable to all nonattainment areas. Federal conformity rules apply where CAA’s interstate transport requirements Section 182 of the CAA, found in state rules have not been approved. See should be construed to be applicable subpart 2 of part D, establishes Wall v. EPA, 265 F.3d 426 (6th Cir. requirements for purposes of additional specific requirements 2001), upholding this interpretation. See

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also 60 FR 62748 (Dec. 7, 1995, Tampa, since the part D requirements applicable term improvement in ozone levels. Also, FL). for purposes of redesignation did not the following non-highway mobile EPA has also determined that areas become due prior to submission of the source reduction programs were being redesignated need not comply redesignation request, they also are implemented during the 2002–2005 with the requirement that a NSR therefore not applicable requirements period: small spark-ignition engines, program be approved prior to for purposes of redesignation. large-spark ignition engines, redesignation, provided that the area (3) The air quality improvement in the locomotives and land-based diesel demonstrates maintenance of the Rocky Mount 8-hour ozone area is due engines. EPA believes that permanent standard without part D NSR in effect to permanent and enforceable and enforceable emissions reductions in since PSD requirements will apply after reductions in emissions resulting from and surrounding the nonattainment area redesignation. The rationale for this implementation of the SIP and are the cause of the long-term view is described in a memorandum applicable Federal air pollution control improvement in ozone levels, and are from Mary Nichols, Assistant regulations and other permanent and the cause of the area achieving Administrator for Air and Radiation, enforceable reductions. attainment of the ozone standard. dated October 14, 1994, entitled ‘‘Part D EPA believes that the State has (4) The area has a fully approved New Source Review (Part D NSR) demonstrated that the observed air maintenance plan pursuant to section Requirements for Areas Requesting quality improvement in the area is due 175A of the CAA. Redesignation to Attainment.’’ North to permanent and enforceable In its request to redesignate the Rocky Carolina has demonstrated that the area reductions in emissions resulting from Mount 8-hour ozone nonattainment area will be able to maintain the standard implementation of the SIP, Federal to attainment status, NCDENR without part D NSR in effect, and measures, and other state-adopted submitted a SIP revision to provide for therefore, the State need not have a fully measures. EPA has determined that the the maintenance of the 8-hour ozone approved part D NSR program prior to implementation of the following NAAQS in the Rocky Mount area for at approval of the redesignation request. permanent and enforceable emissions least 10 years after the effective date of The State’s PSD program will become controls, that occurred from 2002–2005, redesignation to attainment. effective in the area upon redesignation have reduced local VOC and NOX a. What Is Required in a Maintenance to attainment. See rulemakings for emissions and brought the area into Plan? Detroit, MI (60 FR 12467–12468, March attainment: 7, 1995); Cleveland-Akron-Lorraine, OH • EPA’s Tier 2 Vehicle Standards; Section 175A of the CAA sets forth (61 FR 20458, 20469–20470, May 7, • EPA’s Heavy-Duty Gasoline and the elements of a maintenance plan for 1996); Louisville, KY (66 FR 53665, Diesel Highway and Vehicle Standards; areas seeking redesignation from October 23, 2001); Grand Rapids, • Federal controls on non-road spark nonattainment to attainment. Under Michigan (61 FR 31834–31837, June 21, ignition engines and recreational engine section 175A, the plan must 1996). Thus, the area has satisfied all standard engines in 2003; demonstrate continued attainment of applicable requirements for purposes of • State Clean Air Bill; the applicable NAAQS for at least 10 redesignation under section 110 and • State NOX SIP Call rule; years after the Administrator approves a part D of the CAA. • State Clean Smokestacks Act; redesignation to attainment. Eight years b. The area has a fully approved • State Open Burning Ban; after the redesignation, the State must applicable SIP under section 110(k) of • State Air Toxics Control Program; submit a revised maintenance plan the CAA. • Prevention of Significant which demonstrates that attainment will EPA has fully approved the applicable Deterioration; continue to be maintained for the 10 North Carolina SIP for the Rocky Mount • State Heavy Duty Diesel Gap Filling years following the initial 10-year area under section 110(k) of the Clean Rule. period. To address the possibility of Air Act for all requirements applicable In addition to the reductions future NAAQS violations, the for purposes of redesignation. EPA may mentioned above, the State of North maintenance plan must contain such rely on prior SIP approvals in approving Carolina has implemented an Air contingency measures, with a schedule a redesignation request, see Calcagni Awareness Program which is a public for implementation as EPA deems Memo at p. 3; Southwestern outreach program to reduce air necessary to assure prompt correction of Pennsylvania Growth Alliance v. pollution through voluntary action by any future 8-hour ozone violations. Browner, 144 F.3d 984, 989–90 (6th Cir. individuals and organizations. Section 175A of the CAA sets forth the 1998); Wall v. EPA, 265 F.3d 426 (6th The State has demonstrated that the elements of a maintenance plan for Cir. 2001), plus any additional measures implementation of permanent and areas seeking redesignation from it may approve in conjunction with a enforceable emissions controls have nonattainment to attainment. The redesignation action. See 68 FR 25426 reduced local VOC and NOX emissions. Calcagni memorandum, dated (May 12, 2003) and citations therein. Most of the reductions are attributable September 4, 1992, provides additional Following passage of the CAA of 1970, to Federal programs such as EPA’s Tier guidance on the content of a North Carolina has adopted and 2/Low Sulfur Gasoline program and maintenance plan. An ozone submitted, and EPA has fully approved other national clean fuel programs that maintenance plan should address five at various times, provisions addressing began implementation in 2004. requirements: the attainment emissions the various 1-hour ozone standard SIP Additionally, the State has indicated in inventory, maintenance demonstration, elements applicable in the Rocky Mount its submittal that the Rocky Mount area monitoring, verification of continued area (51 FR 19834, June 3, 1986). has benefited from emissions reductions attainment, and a contingency plan. As indicated above, EPA believes that that have been achieved and will the section 110 elements not connected continue to be achieved through b. Attainment Emissions Inventory with nonattainment plan submissions implementation of the NOX SIP Call, The Rocky Mount area has selected and not linked to the area’s beginning in 2002. The State has also 2005 as ‘‘the attainment year’’ for nonattainment status are not applicable demonstrated that year-to-year purposes of demonstrating attainment of requirements for purposes of meteorological changes and trends are the 8-hour ozone NAAQS. The 2005 redesignation. EPA also believes that not the likely source of the overall, long- VOC and NOX emissions for the Rocky

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Mount area were developed consistent remain at or below attainment year 2005 (iii) identifies an ‘‘out year,’’ at least with EPA guidance and are summarized emissions levels. The year 2005 was 10 years after the time necessary for in the table in the following subsection. chosen as the attainment year because it EPA to review and approve the c. Maintenance Demonstration is one of the most recent three years maintenance plan. Per 40 CFR part 93, (i.e., 2003, 2004, and 2005) for which a MVEB was established for the last year The June 19, 2006, submittal includes the Rocky Mount area has clean air of the maintenance plan. See sections a 12-year maintenance plan for the quality data for the 8-hour ozone VIII and IX below. Rocky Mount area. This demonstration: (i) shows compliance and standard. (iv) provides the following actual and maintenance of the 8-hour ozone (ii) uses 2005 as the attainment year projected emissions inventories for the standard by assuring that current and and includes future inventory projected Rocky Mount area depicted in Tables 3 future emissions of VOC and NOX years for 2008, 2011, 2014, and 2017. through 8:

TABLE 3.— NOX EMISSIONS (TPD) FOR EDGECOMBE COUNTY*

Source category 2005 2008 2011 2014 2017

Point ...... 2.95 2.68 2.70 2.73 2.76 Area ...... 0.53 0.54 0.55 0.56 0.57 On-Road Mobile...... 3.36 2.73 2.14 1.62 1.27 Nonroad ...... 2.35 2.10 1.82 1.60 1.40

Total Emissions...... 9.19 8.05 7.21 6.51 6.00 *The total emissions in the tables above only include man-made emissions and not biogenic emissions.

TABLE 4.— NOX EMISSIONS (TPD) FOR NASH COUNTY*

Source category 2005 2008 2011 2014 2017

Point ...... 0.60 0.60 0.63 0.69 0.72 Area ...... 1.08 1.12 1.16 1.20 1.24 On-Road Mobile...... 12.07 9.70 7.42 5.39 4.16 Nonroad ...... 2.10 1.90 1.69 1.48 1.29

Total Emissions...... 15.85 13.32 10.90 8.76 7.41 *The total emissions in the tables above only include man-made emissions and not biogenic emissions.

TABLE 5.—TOTAL NOX EMISSIONS (TPD) FOR EDGECOMBE AND NASH COUNTIES*

Source category 2005 2008 2011 2014 2017

Point ...... 3.55 3.28 3.33 3.42 3.48 Area ...... 1.61 1.66 1.71 1.76 1.81 On-Road Mobile ...... 15.43 12.43 9.56 7.01 5.43 Nonroad ...... 4.45 4.00 3.51 3.08 2.69

Total Emissions...... 25.04 21.37 18.11 15.27 13.41

Safety Margin** ...... n/a 3.67 6.93 9.77 11.63 * The total emissions in the tables above only include man-made emissions and not biogenic emissions. ** A safety margin is the difference between the attainment level of emissions (from all sources) and the projected level of emissions (from all sources) in the maintenance plan. The attainment level of emissions is the level of emissions during one of the years in which the area met the NAAQS. North Carolina has calculated the NOX safety margin for the Rocky Mount area in its submittal which is summarized in Table 5.

TABLE 6.—VOC EMISSIONS (TPD) FOR EDGECOMBE COUNTY*

Source category 2005 2008 2011 2014 2017

Point ...... 3.86 4.35 4.74 5.20 5.65 Area ...... 5.62 5.88 6.12 6.35 6.58 On-Road Mobile...... 2.50 2.08 1.83 1.50 1.27 Nonroad ...... 0.95 0.78 0.70 0.68 0.65

Total Emissions...... 12.93 13.09 13.39 13.73 14.15 * The total emissions in the tables above only include man-made emissions and not biogenic emissions.

TABLE 7.—VOC EMISSIONS (TPD) FOR NASH COUNTY*

Source category 2005 2008 2011 2014 2017

Point ...... 1.35 1.45 1.56 1.65 1.78 Area ...... 7.04 7.43 7.79 8.14 8.52

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TABLE 7.—VOC EMISSIONS (TPD) FOR NASH COUNTY*—Continued

Source category 2005 2008 2011 2014 2017

On-Road Mobile...... 5.98 4.96 4.37 4.05 3.09 Nonroad ...... 1.39 1.17 1.07 1.05 1.08

Total Emissions...... 15.76 15.01 14.79 14.89 14.47 * The total emissions in the tables above only include man-made emissions and not biogenic emissions.

TABLE 8.—TOTAL VOC EMISSIONS (TPD) FOR EDGECOMBE AND NASH COUNTIES*

Source category 2005 2008 2011 2014 2017

Point ...... 5.21 5.80 6.30 6.85 7.43 Area ...... 12.66 13.31 13.91 14.49 15.10 On-Road Mobile...... 8.48 7.04 6.20 5.55 4.36 Nonroad ...... 2.34 1.95 1.77 1.73 1.73

Total Emissions...... 28.69 28.10 28.18 28.62 28.62

Safety Margin***...... n/a 0.59 0.51 0.07 0.07 * The total emissions in the tables above only include man-made emissions and not biogenic emissions. *** A safety margin is the difference between the attainment level of emissions (from all sources) and the projected level of emissions (from all sources) in the maintenance plan. The attainment level of emissions is the level of emissions during one of the years in which the area met the NAAQS. North Carolina has calculated the VOC safety margin for the Rocky Mount area in its submittal which is summarized in Table 8.

North Carolina has decided to allocate substantially, the State will re-project mechanisms to determine when a portion of the available safety margin emissions. contingency measures are needed and a to the NO subarea MVEBs for 2008 and process of developing and adopting X f. Contingency Plan 2017. This allocation and the resulting appropriate control measures. The available safety margin is discussed The contingency plan provisions are primary trigger of the contingency plan further in section VIII of this designed to promptly correct a violation will be a violation of the 8-hour ozone rulemaking. of the NAAQS that occurs after NAAQS at the Leggett monitor, or when redesignation. Section 175A of the CAA the three-year average of the fourth- d. Monitoring Network requires that a maintenance plan highest values is equal to or greater than There is currently one monitor include such contingency measures as 0.085 ppm. The trigger date will be 60 measuring ozone, the Leggett monitor, EPA deems necessary to assure that a days from the date that the State located within Edgecombe County, state will promptly correct a violation of observes a fourth-highest value that, North Carolina, which provides air the NAAQS that occurs after when averaged with the two previous quality data for the entire Rocky Mount redesignation. The maintenance plan ozone season’s fourth highest values, 8-hour nonattainment area. North should identify the contingency would result in a three-year average Carolina has committed to continue measures to be adopted, a schedule and equal to or greater than 0.085 ppm. The operation of the Leggett ozone monitor procedure for adoption and second trigger will apply where no in compliance with 40 CFR part 58, and implementation, and a time limit for actual violation of the 8-hour ozone has addressed the requirement for action by a state. A state should also standard has occurred, but where the monitoring. identify specific indicators to be used to State finds monitored ozone levels determine when the contingency indicating that an actual ozone NAAQS e. Verification of Continued Attainment measures need to be implemented. The violation may be imminent. A pattern The State has the legal authority to maintenance plan must include a will be deemed to exist when there are enforce and implement the requirement that a state will implement two consecutive ozone seasons in which requirements of the ozone maintenance all measures with respect to control of the fourth-highest values are 0.085 ppm plan for the Rocky Mount area. This the pollutant that were contained in the or greater. The trigger date will be 60 includes the authority to adopt, SIP before redesignation of the area to days from the date that the State implement and enforce any subsequent attainment in accordance with section observes a fourth-highest value of 0.085 emissions control contingency measures 175A(d). This requirement is met ppm or greater, following a season in determined to be necessary to correct because all SIP measures are retained which the fourth-highest value was future ozone attainment problems. for maintenance. 0.085 ppm or greater. North Carolina will track the progress In the June 19, 2006, submittal, North Once the primary or secondary trigger of the maintenance plan by performing Carolina affirms that a combination of is activated, North Carolina will future reviews of actual emissions for all programs instituted by the State and commence analyses including trajectory the area using the latest emissions EPA have resulted in cleaner air in the analyses of high ozone days, and factors, models and methodologies. For Rocky Mount area and the anticipated emissions inventory assessment to these periodic inventories the State will future benefits from these programs are determine those emission control review the assumptions made for the expected to result in continued measures that will be required for purpose of the maintenance maintenance of the 8-hour ozone attainment and maintaining the 8-hour demonstration concerning projected NAAQS in this area. This submittal also ozone standard. North Carolina commits growth of activity levels. If any of these includes a contingency plan which that by May 1 of the year following the assumptions appear to have changed provides tracking and triggering ozone season in which the primary (a

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violation of the 8-hour ozone NAAQS cars and trucks. Per 40 CFR part 93, a Revisions for Existing Areas; occurs) or secondary trigger has been MVEB is established for the last year of Transportation Conformity Rule activated, that they will complete the maintenance plan. A state may Amendments—Response to Court sufficient analyses to begin adoption of adopt MVEBs for other years as well. Decision and Additional Rule Change’’ necessary rules for ensuring attainment The MVEB is the portion of the total on July 1, 2004 (69 FR 40004). EPA and maintenance of the 8-hour ozone allowable emissions in the maintenance follows this guidance and rulemaking in NAAQS. North Carolina also commits demonstration that is allocated to making its adequacy determinations. that such rules would become State- highway and transit vehicle use and In addition, in certain instances, the effective by the following January 1, emissions. The MVEB serves as a ceiling transportation conformity rule allows unless legislative review is required. on emissions from an area’s planned Specifically, the State will consider one transportation system. The MVEB areas not to establish a MVEB where it or more of the following contingency concept is further explained in the is demonstrated that the regional motor measures to re-attain the standard: preamble to the November 24, 1993, vehicle emissions for a particular pollutant/precursor is an insignificant • RACT for NOX on stationary transportation conformity rule (58 FR sources in Nash and Edgecombe 62188). The preamble also describes contributor to the air quality problem in counties; how to establish the MVEB in the SIP an area. The general criteria for • Diesel inspection and maintenance and revise the MVEB. insignificance findings can be found in program 1; Under section 176(c) of the CAA, new 40 CFR 93.109(k). Insignificance • Implementation of diesel retrofit transportation projects, such as the findings are based on a number of programs, including incentives for construction of new highways, must factors, including the percentage of performing retrofits; ‘‘conform’’ to (i.e., be consistent with) motor vehicle emissions in context of • Implementation of additional the part of the State’s air quality plan the total SIP inventory, the current state controls in upwind areas. that addresses pollution from cars and of air quality as determined by In addition to the measures listed trucks. ‘‘Conformity’’ to the SIP means monitoring data for that NAAQS, the above, the future Consolidated that transportation activities will not absence of SIP motor vehicle control Emissions Reporting Rule inventories cause new air quality violations, worsen measures, and historical trends and that coincide with the attainment, existing violations, or delay timely future projections of the growth of interim, and final year inventories will attainment of the NAAQS. If a motor vehicle emissions. EPA’s be compared to determine if additional transportation plan does not ‘‘conform,’’ rationale for the allowance of most new projects that would expand steps are necessary for continued insignificance findings can be found in the capacity of roadways cannot go maintenance of the 8-hour ozone the July 1, 2004, revision to the standard in this area. forward. Regulations at 40 CFR part 93 set forth EPA policy, criteria, and transportation conformity rule at 69 FR EPA has concluded that the 40004. Specifically, the rationale is maintenance plan adequately addresses procedures for demonstrating and assuring conformity of such explained on page 40061 under the the five basic components of a subsection entitled ‘‘B. Areas With maintenance plan: attainment transportation activities to a SIP. When reviewing submitted ‘‘control Insignificant Motor Vehicle Emissions.’’ inventory, maintenance demonstration, strategy’’ SIPs or maintenance plans Any insignificance finding that EPA monitoring network, verification of containing MVEBs, EPA must makes is subject to the adequacy and continued attainment, and a affirmatively find the MVEB contained approval process for EPA’s action on the contingency plan. The maintenance therein ‘‘adequate’’ for use in SIP. plan SIP revision submitted by North determining transportation conformity. Carolina for the Rocky Mount area In summary, upon the effective date Once EPA affirmatively finds the of EPA’s adequacy finding or approval meets the requirements of section 175A submitted MVEB is adequate for of the CAA. of such a SIP, an insignificance finding transportation conformity purposes, that waives the regional emissions analysis VII. What Is an Adequacy MVEB can be used by state and federal requirements (for the purpose of Determination? agencies in determining whether transportation conformity proposed transportation projects Under the CAA, states are required to implementation) for an insignificant ‘‘conform’’ to the SIP as required by submit, at various times, control strategy pollutant or precursor in areas where section 176(c) of the Clean Air Act. SIPs and maintenance plans in ozone EPA finds that the SIP’s motor vehicle EPA’s substantive criteria for emissions for a pollutant or precursor areas. These control strategy SIPs (e.g., determining ‘‘adequacy’’ of an MVEB for a given standard are an insignificant reasonable further progress SIPs and are set out in 40 CFR 93.118(e)(4). attainment demonstration SIPs) and EPA’s process for determining contributor to an area’s regional air maintenance plans create MVEBs for ‘‘adequacy’’ consists of three basic steps: quality problem. Areas with criteria pollutants and/or their public notification of a SIP submission, insignificant regional motor vehicle precursors to address pollution from a public comment period, and EPA’s emissions for a pollutant or precursor adequacy finding. This process for are still required to make a conformity 1 At this time, there is not an approved method determination that satisfies other for determining emission reductions from a Diesel determining the adequacy of submitted Inspection and Maintenance program. Therefore, SIP MVEBs was initially outlined in relevant requirements. Additionally, there is no technical basis to award emission credits EPA’s May 14, 1999 guidance, areas are required to satisfy the regional for a heavy duty diesel inspection and maintenance ‘‘Conformity Guidance on emissions analysis requirements for program in the SIP. However, we do not want to pollutants or precursors for which EPA preclude future technical changes that may make Implementation of March 2, 1999, awarding such emission credits possible. If it is Conformity Court Decision.’’ This has not made a finding of insignificance. necessary to implement contingency measures for guidance was finalized in the For the Rocky Mount area, EPA is this area, North Carolina, in coordination with EPA, Transportation Conformity Rule making an insignificance finding with will evaluate the feasibility of this program as a regard to VOCs. This insignificance contingency measure at that time. If a technical Amendments for the ‘‘New 8-Hour basis for emission credits is not available, other Ozone and PM2.5 National Ambient Air finding is discussed in more detail in contingency measures will need to be implemented. Quality Standards and Miscellaneous Section IX below.

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VIII. What Is the Status of EPA’s MVEBs was announced for public Through this rulemaking, EPA is Adequacy Determination for the Rocky comment on EPA’s adequacy Web page finding adequate and approving those Mount Area’s Proposed New NOX on August 7, 2006, at: http:// MVEBs for use to determine Subarea MVEBs for the Years 2008 and www.epa.gov/otaq/stateresources/ transportation conformity because EPA 2017? transconf/currsips.htm. The EPA public has determined that the area maintains The Rocky Mount area’s maintenance comment period on the adequacy of the the standard with emissions at the plan submission contains new NOX 2008 and 2017 NOX subarea MVEBs for levels of the budgets. Tables 9 and 10 subarea MVEBs for the years 2008 and the Edgecombe and Nash counties below define the 2008 and 2017 NOX 2017 for Edgecombe and Nash counties. closed on September 7, 2006. EPA did subarea MVEBs for both Edgecombe and The availability of the SIP submission not receive any adverse comments or Nash counties in the Rocky Mount, with the 2008 and 2017 NOX subarea requests for the submittal. North Carolina area.

TABLE 9.—EDGECOMBE COUNTY 8-HOUR OZONE MAINTENANCE AREA MVEBS FOR NOX

2008 2017 kg/day tpd kg/day tpd

On-Road Mobile Emissions ...... 2,483 2.73 1,143 1.27 Safety Margin Allocated to MVEB ...... 273 0.30 240 0.26 NOX MVEB ...... 2,756 3.03 1,383 1.53

TABLE 10.—NASH COUNTY 8-HOUR OZONE MAINTENANCE AREA MVEBS FOR NOX

2008 2017 kg/day tpd kg/day tpd

On-Road Mobile Emissions ...... 8,790 9.70 3,767 4.16 Safety Margin Allocated to MVEB ...... 967 1.07 791 0.87 NOX MVEB ...... 9,757 10.77 4,558 5.03

A total of 1,240 kg (1.37 tpd) and Carolina, area closed on September 7, scenario with a modeled 30 percent 1,031kg (1.14 tpd) of the 2008 and 2017 2006. EPA did not receive any adverse reduction in man-made VOC emissions, safety margin, respectively, were added comments or requests for the submittal. showed that 8-hour ozone levels were to the MVEB for the Rocky Mount area. For the purposes of transportation not affected by this reduction in VOC As the tables above indicate, for conformity, EPA agrees with the State of emissions. In the year 2009, even with Edgecombe County, this equates to an North Carolina’s insignificance finding anticipated growth in VMT, the mobile allocation of 273 kg/day (0.30 tpd) and for VOCs’ contribution from motor source inventory is less than 8 percent 204 kg/day (0.26 tpd) for NOX in the vehicles in the Rocky Mount, North of the total inventory for VOC years 2008 and 2017, respectively; for Carolina area. EPA finds that North emissions, whereas biogenic emissions Nash County, this equates to 967 kg/day Carolina’s SIP submittal meets the account for at least 84 percent of the (1.07 tpd) and 791 kg/day (0.87 tpd) for criteria in the transportation conformity total inventory for VOC emissions. As NOX in the years 2008 and 2017, rule for an insignificance finding for noted in North Carolina’s submittal, the respectively. Thus, after this allocation, VOCs considering the high level of biogenic sector is the most abundant the available NOX safety margin for the biogenic emissions in the area. That is, source of VOCs in North Carolina and Rocky Mount area in 2008 is 2.30 tpd EPA finds that the SIP submittal accounts for approximately 90 percent and in 2017 is 10.49 tpd. demonstrates that, as to VOCs, regional of the total VOCs statewide. EPA agrees with North Carolina that VOC emissions IX. What Is the Status of EPA’s motor vehicle emissions are an are due to the overwhelming abundance Adequacy Determination for the Rocky insignificant contributor to 8-hour of biogenic VOCs in the area and Mount Area’s Proposed Insignificance ozone pollution in the Rocky Mount throughout North Carolina. EPA also Finding for VOCs From Motor Vehicles? area. This finding is based on the following: (1) The on-road VOC considered the implementation of an In addition to NOX subarea MVEBs, emissions are less than 10 percent in the inspection and maintenance program (I/ the Rocky Mount area’s maintenance future in both Edgecombe and Nash M) in Edgecombe and Nash counties as plan submission contains a finding of counties, and the biogenic emissions of January 1, 2005. The total amount of insignificance for VOCs’ contribution account for about 90 percent of the VOC VOC emission reductions achieved by from motor vehicles to the 8-hour ozone emissions in future years; (2) figures this I/M program in Edgecombe and pollution in the Rocky Mount area. The 4.1.6–5 and 4.1.6–6, located in Nash counties, as a whole, is 0.51 tpd availability of the SIP submission with Appendix C.3—Mobile Source in 2008 and 0.89 tpd in 2017. the VOC insignificance finding was Inventory Documentation on pages 4–24 Weighing all the factors for an announced for public comment on and 4–25 show on-road VOC emissions insignificance finding, particularly the EPA’s adequacy Web page on August 7, declining by about 50 percent by 2017 biogenic contribution to the overall VOC 2006, at: http://www.epa.gov/otaq/ and vehicle miles traveled (VMT) going inventory, EPA has determined that stateresources/transconf/currsips.htm. up by about 25 to 30 percent by 2017; VOCs’ contribution from motor vehicle The EPA public comment period on the and (3) the sensitivity analysis that was emissions to the 8-hour ozone pollution adequacy of the VOC insignificance done, where the State ran a for this area are insignificant. Based on finding for the Rocky Mount, North photochemical model for a 39-day the information described above, EPA is

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finding adequate and approving the and maintenance plan that will serve as implications because it does not have insignificance finding for VOCs’ the proposal if adverse comments are substantial direct effects on the states, contribution from motor vehicle filed. This rule will be effective on on the relationship between the national emissions to the 8-hour ozone pollution January 5, 2007 unless EPA receives government and the states, or on the for the Rocky Mount, North Carolina adverse comments by December 6, 2006. distribution of power and area. EPA’s insignificance finding If EPA receives adverse comment, EPA responsibilities among the various should be considered and specifically will publish a timely withdrawal in the levels of government, as specified in noted in the transportation conformity Federal Register informing the public Executive Order 13132 (64 FR 43255, documentation that is prepared for this that the rule will not take effect. EPA August 10, 1999). This action merely area. will address the public comments in a affects the status of a geographical area, subsequent final rule based on the does not impose any new requirements X. Final Action on the Redesignation proposed rule. EPA will not institute a on sources, or allow a state to avoid Request, the Maintenance Plan SIP second comment period on this action. adopting or implementing other Revision Including Approval of the Any parties interested in commenting requirements, and does not alter the 2008 and 2017 NO MVEBs, and the X must do so at this time. If no such relationship or the distribution of power VOCs Insignificance Finding comments are received, the public is and responsibilities established in the EPA is making the determination that advised that this rule will be effective Clean Air Act. This rule also is not the Rocky Mount area has attained the on January 5, 2007 and no further action subject to Executive Order 13045 8-hour ozone NAAQS. EPA is approving will be taken on the proposed rule. ‘‘Protection of Children from the redesignation of the Rocky Mount Environmental Health Risks and Safety XI. Statutory and Executive Order area from nonattainment to attainment Risks’’ (62 FR 19885, April 23, 1997), Reviews for the 8-hour ozone NAAQS. After because it is not economically evaluating the State of North Carolina’s Under Executive Order 12866 (58 FR significant and because the Agency does redesignation request, EPA has 51735, October 4, 1993), this action is not have reason to believe that the rule determined that it meets the not a ‘‘significant regulatory action’’ and concerns an environmental health risk redesignation criteria set forth in section therefore is not subject to review by the or safety risk that may 107(d)(3)(E) of the CAA. EPA believes Office of Management and Budget. For disproportionately affect children. that the redesignation request and this reason, this action is also not In reviewing SIP submissions, EPA’s monitoring data demonstrate that the subject to Executive Order 13211, role is to approve state choices, Rocky Mount area has attained the 8- ‘‘Actions Concerning Regulations That provided that they meet the criteria of hour ozone standard. The final approval Significantly Affect Energy Supply, the Clean Air Act. In this context, in the of this redesignation request changes the Distribution, or Use’’ (66 FR 28355, May absence of a prior existing requirement official designation for the Rocky 22, 2001). This action merely approves for the State to use voluntary consensus Mount, North Carolina area from state law as meeting Federal standards (VCS), EPA has no authority nonattainment to attainment for the 8- requirements and imposes no additional to disapprove a SIP submission for hour ozone standard. requirements beyond those imposed by failure to use VCS. It would thus be EPA is also approving the state law. Redsignation of an area to inconsistent with applicable law for maintenance plan SIP revision. attainment under section 107(d)(3)(E) of EPA, when it reviews a SIP submission, Approval of the maintenance plan for the CAA does not impose any new to use VCS in place of a SIP submission the Rocky Mount area is appropriate, requirements on small entities. that otherwise satisfies the provisions of because the State of North Carolina has Redesignation is an action that affects the Clean Air Act. Thus, the demonstrated that the plan meets the the status of a geographical area and requirements of section 12(d) of the requirements of section 175A as does not impose any new regulatory National Technology Transfer and described more fully in this rulemaking. requirements on sources. Accordingly, Advancement Act of 1995 (15 U.S.C. Additionally, EPA is finding adequate the Administrator certifies that this rule 272 note) do not apply. This rule does and approving the new 2008 and 2017 will not have a significant economic not impose an information collection NOX MVEBs. Within 24 months from impact on a substantial number of small burden under the provisions of the the effective date of this action, the entities under the Regulatory Flexibility Paperwork Reduction Act of 1995 (44 transportation partners will need to Act (5 U.S.C. 601 et seq.). Because this U.S.C. 3501 et seq.). demonstrate conformity to these new rule approves pre-existing requirements The Congressional Review Act, 5 MVEBs pursuant to 40 CFR 93.104(e), as under state law and does not impose U.S.C. 801 et seq., as added by the Small amended by new section 172(c)(2)(E) of any additional enforceable duty beyond Business Regulatory Enforcement the CAA (added by the Safe, that required by state law, it does not Fairness Act of 1996, generally provides Accountable, Flexible, Efficient contain any unfunded mandate or that before a rule may take effect, the Transportation Equity Act—A Legacy significantly or uniquely affect small agency promulgating the rule must for Users (SAFETEA–LU), which was governments, as described in the submit a rule report, which includes a signed into law on August 10, 2005). Unfunded Mandates Reform Act of 1995 copy of the rule, to each House of the Further, EPA is approving the State of (Pub. L. 104–4). Congress and to the Comptroller General North Carolina’s insignificance finding This rule also does not have tribal of the United States. EPA will submit a for VOCs’ contribution from motor implications because it will not have a report containing this rule and other vehicles to Rocky Mount, North substantial direct effect on one or more required information to the U.S. Senate, Carolina’s 8-hour ozone pollution. EPA Indian tribes, on the relationship the U.S. House of Representatives, and is publishing this rule without prior between the Federal Government and the Comptroller General of the United approval because the Agency views this Indian tribes, or on the distribution of States prior to publication of the rule in as noncontroversial and anticipates no power and responsibilities between the the Federal Register. A major rule adverse comment. However, in the Federal Government and Indian tribes, cannot take effect until 60 days after it Proposed Rules section of today’s as specified by Executive Order 13175 is published in the Federal Register. Federal Register EPA is publishing a (65 FR 67249, November 9, 2000). This This action is not a ‘‘major rule’’ as proposal to approve the redesignation action also does not have Federalism defined by 5 U.S.C. 804(2).

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Under section 307(b)(1) of the Clean List of Subjects PART 52—[AMENDED] Air Act, petitions for judicial review of 40 CFR Part 52 this action must be filed in the United I 1. The authority citation for part 52 States Court of Appeals for the Environmental protection, Air continues to read as follows: pollution control, Intergovernmental appropriate circuit by January 5, 2007. Authority: 42 U.S.C. 7401 et seq. Filing a petition for reconsideration by relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping the Administrator of this final rule does requirements, Volatile organic Subpart II—North Carolina not affect the finality of this rule for the compounds. purposes of judicial review nor does it I 2. Section 52.1770(e), is amended by extend the time within which a petition 40 CFR Part 81 adding a new entry at the end of the for judicial review may be filed, and Environmental protection, Air table for ‘‘8-Hour Ozone Maintenance shall not postpone the effectiveness of pollution control, National parks, plan for the Rocky Mount, North such rule or action. This action may not Wilderness areas. Carolina area’’ to read as follows: be challenged later in proceedings to Dated: October 24, 2006. enforce its requirements. (See section A. Stanley Meiburg, § 52.1770 Identification of plan. 307(b)(2).) Acting Regional Administrator, Region 4. * * * * * I 40 CFR parts 52 and 81 is amended as (e) * * * follows:

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective date EPA approval date Federal Register citation

******* 8-Hour Ozone Maintenance plan for the Rocky Mount, 06/19/2006 ...... 11/06/2006 [Insert first North Carolina area (Edgecombe and Nash Coun- page of publication]. ties).

PART 81—[AMENDED] Authority: 42 U.S.C. 7401 et seq. ‘‘Edgecombe County’’ and ‘‘Nash I 2. In section 81.334, the table entitled County’’ to read as follows: I 1. The authority citation for part 81 ‘‘North Carolina-Ozone (8-Hour § 81.334 North Carolina. continues to read as follows: Standard)’’ is amended under ‘‘Rocky Mount, NC’’ by revising the entries for * * * * *

NORTH CAROLINA-OZONE (8-HOUR STANDARD)

Designation a Category/ classifica- Designated area tion Date1 Type Date1 Type

******* Rocky Mount, NC: Edgecombe County ...... January 5, 2007 ...... Attainment. Nash County ...... January 5, 2007 ...... Attainment.

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted.

* * * * * [FR Doc. E6–18584 Filed 11–3–06; 8:45 am] BILLING CODE 6560–50–P

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DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: upon dealer reports and other available Douglas Potts, Fishery Management information, that New York has National Oceanic and Atmospheric Specialist, (978) 281–9341. harvested its quota for 2006. Administration SUPPLEMENTARY INFORMATION: The regulations at § 648.4(b) provide Regulations governing the summer that Federal permit holders agree, as a 50 CFR Part 648 flounder fishery are found at 50 CFR condition of the permit, not to land [Docket No. 051104293–5344–02; I.D. part 648. The regulations require annual summer flounder in any state that the 102706A] specification of a commercial quota that Regional Administrator has determined is apportioned on a percentage basis no longer has commercial quota Fisheries of the Northeastern United among the coastal states from North available. Therefore, effective 0001 States; Summer Flounder Fishery; Carolina through Maine. The process to hours, November 4, 2006, further Commercial Quota Harvested for New set the annual commercial quota and the landings of summer flounder in New York percent allocated to each state is York by vessels holding summer described in § 648.100. flounder commercial Federal fisheries AGENCY: National Marine Fisheries The initial total commercial quota for Service (NMFS), National Oceanic and permits are prohibited for the remainder summer flounder for the 2006 calendar of the 2006 calendar year, unless Atmospheric Administration (NOAA), year was set equal to 14,154,000 lb Commerce. additional quota becomes available (6,420 mt) (70 FR 77061, December 29, through a transfer and is announced in ACTION: Closure of commercial fishery. 2005). The percent allocated to vessels the Federal Register. Effective 0001 landing summer flounder in New York hours, November 4, 2006, federally SUMMARY: NMFS announces that the is 7.64699 percent, resulting in a permitted dealers are also notified that summer flounder commercial quota commercial quota of 1,082,355 lb they may not purchase summer flounder available to New York has been (490,948 kg). The 2006 allocation was from federally permitted vessels that harvested. Vessels issued a commercial reduced to 935,943 lb (424,537 kg) due land in New York for the remainder of Federal fisheries permit for the summer to research set-aside and quota overage the calendar year, or until additional flounder fishery may not land summer from 2005. flounder in New York for the remainder Section 648.101(b) requires the quota becomes available through a of calendar year 2006, unless additional Administrator, Northeast Region, NMFS transfer from another state. quota becomes available through a (Regional Administrator) to monitor Classification transfer from another state. Regulations state commercial quotas and to governing the summer flounder fishery determine when a state’s commercial This action is required by 50 CFR part require publication of this notification quota has been harvested. NMFS then 648 and is exempt from review under to advise New York that the quota has publishes a notification in the Federal Executive Order 12866. been harvested and to advise vessel Register to advise the state and to notify Authority: 16 U.S.C. 1801 et seq. permit holders and dealer permit Federal vessel and dealer permit holders holders that no commercial quota is that, effective upon a specific date, the Dated: October 31, 2006. available for landing summer flounder state’s commercial quota has been James P. Burgess, in New York. harvested and no commercial quota is Acting Director, Office Of Sustainable DATES: Effective 0001 hours, November available for landing summer flounder Fisheries, National Marine Fisheries Service. 4, 2006, through 2400 hours, December in that state. The Regional [FR Doc. 06–9081 Filed 11–1–06; 1:59 pm] 31, 2006. Administrator has determined, based BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 71, No. 214

Monday, November 6, 2006

This section of the FEDERAL REGISTER and follow the instructions for sending Examining the Docket contains notices to the public of the proposed your comments electronically. You may examine the AD docket on issuance of rules and regulations. The • Mail: Docket Management Facility, purpose of these notices is to give interested the Internet at http://dms.dot.gov, or in persons an opportunity to participate in the U.S. Department of Transportation, 400 person at the Docket Management rule making prior to the adoption of the final Seventh Street, SW., Nassif Building, Facility office between 9 a.m. and rules. Room PL–401, Washington, DC 20590. 5 p.m., Monday through Friday, except • Fax: (202) 493–2251. Federal holidays. The Docket • Hand Delivery: Room PL–401 on Management Facility office (telephone DEPARTMENT OF TRANSPORTATION the plaza level of the Nassif Building, (800) 647–5227) is located on the plaza level of the Nassif Building at the DOT Federal Aviation Administration 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday street address stated in the ADDRESSES through Friday, except Federal holidays. section. Comments will be available in 14 CFR Part 39 the AD docket shortly after the Docket Contact Airbus, 1 Rond Point Maurice Management System receives them. [Docket No. FAA–2006–26250; Directorate Bellonte, 31707 Blagnac Cedex, France, Identifier 2006–NM–104–AD] for service information identified in this Discussion RIN 2120–AA64 proposed AD. The Direction Ge´ne´rale de l’Aviation Airworthiness Directives; Airbus Model FOR FURTHER INFORMATION CONTACT: Tom Civile (DGAC), which is the A300 B4–600, B4–600R, and F4–600R Stafford, Aerospace Engineer, airworthiness authority for France, Series Airplanes, and Model C4–605R International Branch, ANM–116, FAA, notified us that an unsafe condition may Variant F Airplanes (Collectively Called Transport Airplane Directorate, 1601 exist on certain Airbus Model A300–600 A300–600 Series Airplanes) Lind Avenue, SW., Renton, Washington series airplanes. The DGAC advises that 98057–3356; telephone (425) 227–1622; during fatigue qualification tests of AGENCY: Federal Aviation fax (425) 227–1149. certain spoiler actuators a failure of the Administration (FAA), Department of distribution block was detected. This SUPPLEMENTARY INFORMATION: Transportation (DOT). failure could lead to a leak of the ACTION: Notice of proposed rulemaking Comments Invited hydraulic fluid that supplies the (NPRM). actuator, and could cause failure of one We invite you to submit any relevant of the three spoiler actuators and the SUMMARY: The FAA proposes to adopt a written data, views, or arguments associated hydraulic circuits, which new airworthiness directive (AD) for regarding this proposed AD. Send your could result in loss of those hydraulic certain Airbus Model A300–600 comments to an address listed in the circuits. This condition, if not corrected, airplanes. This proposed AD would ADDRESSES section. Include the docket could result in reduced controllability require an inspection to determine if number ‘‘FAA–2006–26250; Directorate of the airplane. certain spoiler actuators having certain Identifier 2006–NM–104–AD’’ at the part numbers are installed, and eventual beginning of your comments. We Relevant Service Information replacement of all affected actuators. specifically invite comments on the Airbus has issued Service Bulletin This proposed AD results from failure of overall regulatory, economic, A300–27–6057, including Appendix 01, a distribution block, which was detected environmental, and energy aspects of dated May 17, 2005. The service during fatigue qualification tests of the proposed AD. We will consider all bulletin describes procedures for an certain spoiler actuators. We are comments received by the closing date inspection to determine if certain proposing this AD to prevent failure of and may amend the proposed AD in spoiler actuators having certain part the distribution block, which could light of those comments. numbers are installed, and eventual result in leakage of the hydraulic fluid We will post all comments we replacement of all affected actuators. that supplies those actuators. This receive, without change, to http:// Accomplishing the actions specified in failure could cause failure of one of the dms.dot.gov, including any personal the service information is intended to three spoiler actuators and the information you provide. We will also adequately address the unsafe associated hydraulic circuits, which post a report summarizing each condition. The DGAC mandated the could result in loss of those hydraulic substantive verbal contact with FAA service information and issued French circuits and consequent reduced personnel concerning this proposed AD. airworthiness directive F–2005–125, controllability of the airplane. Using the search function of that Web dated July 20, 2005, to ensure the DATES: We must receive comments on site, anyone can find and read the continued airworthiness of these this proposed AD by December 6, 2006. comments in any of our dockets, airplanes in France. ADDRESSES: Use one of the following including the name of the individual FAA’s Determination and Requirements addresses to submit comments on this who sent the comment (or signed the of the Proposed AD proposed AD. comment on behalf of an association, • DOT Docket Web site: Go to business, labor union, etc.). You may These airplane models are http://dms.dot.gov and follow the review the DOT’s complete Privacy Act manufactured in France and are type instructions for sending your comments Statement in the Federal Register certificated for operation in the United electronically. published on April 11, 2000 (65 FR States under the provisions of section • Government-wide rulemaking Web 19477–78), or you may visit http:// 21.29 of the Federal Aviation site: Go to http://www.regulations.gov dms.dot.gov. Regulations (14 CFR 21.29) and the

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applicable bilateral airworthiness For the reasons discussed above, I Compliance agreement. Pursuant to this bilateral certify that the proposed regulation: (e) You are responsible for having the airworthiness agreement, the DGAC has 1. Is not a ‘‘significant regulatory actions required by this AD performed within kept the FAA informed of the situation action’’ under Executive Order 12866; the compliance times specified, unless the described above. We have examined the actions have already been done. 2. Is not a ‘‘significant rule’’ under the DGAC’s findings, evaluated all pertinent DOT Regulatory Policies and Procedures Inspection for Actuator Part Numbers and information, and determined that we Corrective Action (44 FR 11034, February 26, 1979); and need to issue an AD for airplanes of this (f) Within 700 flight hours after the type design that are certificated for 3. Will not have a significant effective date of this AD: Inspect to operation in the United States. economic impact, positive or negative, determine if a spoiler actuator with part Therefore, we are proposing this AD, on a substantial number of small entities number P376A0002–04 or P376A0002–08 is which would require accomplishing the under the criteria of the Regulatory installed, by doing all the applicable actions actions specified in the service Flexibility Act. in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300– information described previously. We prepared a regulatory evaluation 27–6057, excluding Appendix 01, dated May of the estimated costs to comply with Costs of Compliance 17, 2005. this proposed AD and placed it in the (1) If no actuator with either identified part This proposed AD would affect about AD docket. See the ADDRESSES section number is installed, no further action is 1 airplane of U.S. registry. for a location to examine the regulatory required by this paragraph. The proposed inspection would take evaluation. (2) If any actuator with any identified part about 1 hour per airplane, at an average number is installed and the three associated labor rate of $80 per hour. Based on List of Subjects in 14 CFR Part 39 hydraulic circuits are affected (at least one actuator supplied by the yellow circuit and these figures, the estimated cost of the Air transportation, Aircraft, Aviation proposed inspection for U.S. operators at least one actuator supplied by the blue safety, Safety. circuit and at least one actuator supplied by is $80. the green circuit): Within 100 flight hours The proposed replacements, if The Proposed Amendment after accomplishing the inspection required accomplished, would take about 5 work by paragraph (f) of this AD, replace all hours per airplane, at an average labor Accordingly, under the authority delegated to me by the Administrator, affected actuators on one of the hydraulic rate of $80 per work hour. Required circuits with new actuators in accordance parts cost would be minimal. Based on the FAA proposes to amend 14 CFR part with the service bulletin. Within 12 months these figures, the estimated cost of the 39 as follows: after accomplishing that replacement, replace all the remaining affected actuators with new proposed replacements for U.S. PART 39—AIRWORTHINESS operators is $400. actuators in accordance with the service DIRECTIVES bulletin. Authority for This Rulemaking (3) If any actuator with any identified part 1. The authority citation for part 39 number is installed and one or two of the Title 49 of the United States Code continues to read as follows: associated hydraulic circuits are affected: specifies the FAA’s authority to issue Within 12 months after accomplishing the Authority: 49 U.S.C. 106(g), 40113, 44701. rules on aviation safety. Subtitle I, inspection required by paragraph (f) of this Section 106, describes the authority of § 39.13 [Amended] AD, replace all affected actuators with new the FAA Administrator. Subtitle VII, actuators in accordance with the service Aviation Programs, describes in more 2. The Federal Aviation bulletin. Administration (FAA) amends § 39.13 detail the scope of the Agency’s Parts Installation authority. by adding the following new airworthiness directive (AD): (g) After the effective date of this AD, no We are issuing this rulemaking under spoiler actuator with part number the authority described in Subtitle VII, Airbus: Docket No. FAA–2006–26250; P376A0002–04 or P376A0002–08 may be Part A, Subpart III, Section 44701, Directorate Identifier 2006–NM–104–AD. installed on any airplane. ‘‘General requirements.’’ Under that Comments Due Date No Reporting Required section, Congress charges the FAA with promoting safe flight of civil aircraft in (a) The FAA must receive comments on (h) Although Airbus Service Bulletin this AD action by December 6, 2006. A300–27–6057, excluding Appendix 01, air commerce by prescribing regulations dated May 17, 2005, specifies to submit an Affected ADs for practices, methods, and procedures inspection report to the manufacturer, this the Administrator finds necessary for (b) None. AD does not include that requirement. safety in air commerce. This regulation Applicability is within the scope of that authority Alternative Methods of Compliance (AMOCs) because it addresses an unsafe condition (c) This AD applies to Airbus Model A300– that is likely to exist or develop on 600 airplanes; certificated in any category; as (i)(1) The Manager, International Branch, identified in Airbus Service Bulletin A300– products identified in this rulemaking ANM–116, FAA, Transport Airplane 27–6057, dated May 17, 2005. Directorate, has the authority to approve action. Unsafe Condition AMOCs for this AD, if requested in Regulatory Findings accordance with the procedures found in 14 (d) This AD results from failure of a CFR 39.19. We have determined that this distribution block, which was detected (2) Before using any AMOC approved in proposed AD would not have federalism during fatigue qualification tests of certain accordance with § 39.19 on any airplane to implications under Executive Order spoiler actuators. We are issuing this AD to which the AMOC applies, notify the 13132. This proposed AD would not prevent failure of the distribution block, appropriate principal inspector in the FAA have a substantial direct effect on the which could result in leakage of the Flight Standards Certificate Holding District hydraulic fluid that supplies those actuators. Office. States, on the relationship between the This failure could cause failure of one of the National Government and the States, or three spoiler actuators and the associated Related Information on the distribution of power and hydraulic circuits, which could result in loss (j) French airworthiness directive F–2005– responsibilities among the various of those hydraulic circuits and consequent 125, dated July 20, 2005, also addresses the levels of government. reduced controllability of the airplane. subject of this AD.

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Issued in Renton, Washington, on October Register, EPA is approving the state’s counties, Edgecombe and Nash. EPA is 30, 2006. SIP revision as a direct final rule proposing to approve the 8-hour ozone Kalene C. Yanamura, without prior proposal because the redesignation request for the Rocky Acting Manager, Transport Airplane Agency views this as a noncontroversial Mount 8-hour ozone nonattainment Directorate, Aircraft Certification Service. revision amendment and anticipates no area. Additionally, EPA is proposing to [FR Doc. E6–18685 Filed 11–3–06; 8:45 am] relevant adverse comments to this approve the 8-hour ozone maintenance BILLING CODE 4910–13–P action. A detailed rationale for the plan for Rocky Mount, North Carolina. approval is set forth in the direct final This proposal is based on EPA’s rule. If no relevant adverse comments determination that the State of North ENVIRONMENTAL PROTECTION are received in response to this action, Carolina has demonstrated that the AGENCY no further activity is contemplated in Rocky Mount area has met the criteria relation to this action. If EPA receives for redesignation to attainment specified 40 CFR Part 52 relevant adverse comments, the direct in the Clean Air Act, including the final rule will be withdrawn and all [EPA–R07–OAR–2006–0837; FRL–8239–2] determination that the entire Rocky public comments received will be Mount 8-hour ozone nonattainment area Approval and Promulgation of addressed in a subsequent final rule has attained the 8-hour ozone standard. Implementation Plans; State of based on this proposed action. EPA will In this action, EPA is also finding Missouri not institute a second comment period adequate and proposing to approve the on this action. Any parties interested in 2008 and 2017 motor vehicle emissions AGENCY: Environmental Protection commenting on this action should do so budgets (MVEBs) for nitrogen oxides Agency (EPA). at this time. Please note that if EPA (for both Edgecombe and Nash counties) ACTION: Proposed rule. receives adverse comment on part of that are contained in the 8-hour ozone this rule and if that part can be severed maintenance plan for the Rocky Mount SUMMARY: EPA proposes to approve the from the remainder of the rule, EPA may nonattainment area. North Carolina has State Implementation Plan (SIP) adopt as final those parts of the rule that established subarea MVEBs at the revision submitted by the state of are not the subject of an adverse county level so each county must Missouri to add a test method for comment. For additional information, consider its individual subarea MVEBs compliance testing to the rule that see the direct final rule which is located for the purposes of implementing controls emissions of nitrogen oxides of in the rules section of this Federal transportation conformity. Further, in major sources in the St. Louis ozone Register. this action, EPA is proposing to find nonattainment area. Dated: October 25, 2006. adequate and to approve the DATES: Comments on this proposed Martha Cuppy, insignificance determination for volatile action must be received in writing by Acting Regional Administrator, Region 7. organic compounds’ contribution from December 6, 2006. [FR Doc. E6–18566 Filed 11–3–06; 8:45 am] motor vehicle emissions to the 8-hour ADDRESSES: Submit your comments, BILLING CODE 6560–50–P ozone pollution in the Rocky Mount, identified by Docket ID No. EPA–R07– North Carolina area. OAR–2006–0837 by one of the following DATES: Written comments must be methods: ENVIRONMENTAL PROTECTION received on or before December 6, 2006. 1. http://www.regulations.gov: Follow AGENCY ADDRESSES: Submit your comments, the on-line instructions for submitting identified by Docket ID No EPA–R04– comments. 40 CFR Parts 52 and 81 OAR–2006–0676, by one of the 2. E-mail: [email protected]. 3. Mail: Amy Algoe-Eakin, [EPA–R04–OAR–2006–0676–200622(b); following methods: FRL–8239–4] 1. http://www.regulations.gov: Follow Environmental Protection Agency, Air the online instructions for submitting Planning and Development Branch, 901 Approval and Promulgation of comments. North 5th Street, Kansas City, Kansas Implementation Plans and Designation 2. E-mail: [email protected] or 66101. of Areas for Air Quality Planning 4. Hand Delivery or Courier. Deliver [email protected]. Purposes; NC; Redesignation of the 3. Fax: 404–562–9019. your comments to: Amy Algoe-Eakin, Rocky Mount 8-Hour Ozone 4. Mail: ‘‘EPA–R04–OAR–2006– Environmental Protection Agency, Air Nonattainment Area to Attainment 0676’’, Regulatory Development Section, Planning and Development Branch, 901 Air Planning Branch, Air, Pesticides and North 5th Street, Kansas City, Kansas AGENCY: Environmental Protection Toxics Management Division, U.S. 66101. Such deliveries are only Agency (EPA). Environmental Protection Agency, accepted during the Regional Office’s ACTION: Proposed rule. Region 4, 61 Forsyth Street, SW., normal hours of operation. The Regional SUMMARY: On June 19, 2006, the State of Atlanta, Georgia 30303–8960. Office’s official hours of business are North Carolina, through the North 5. Hand Delivery or Courier. Deliver Monday through Friday, 8 to 4:30, Carolina Department of Environment your comments to: Nacosta C. Ward or excluding legal holidays. and Natural Resources, Division of Air Amanetta Wood, Regulatory Please see the direct final rule which Quality, submitted a final request: To Development Section, Air Planning is located in the Rules section of this redesignate the Rocky Mount 8-hour Branch, Air, Pesticides and Toxics Federal Register for detailed ozone nonattainment area to attainment Management Division, U.S. instructions on how to submit for the 8-hour ozone National Ambient Environmental Protection Agency, comments. Air Quality Standard, and to approve a Region 4, 61 Forsyth Street, SW., FOR FURTHER INFORMATION CONTACT: North Carolina State Implementation Atlanta, Georgia 30303–8960. Such Amy Algoe-Eakin at (913) 551–7942, or Plan revision containing a maintenance deliveries are only accepted during the by e-mail at [email protected]. plan for Rocky Mount, North Carolina. Regional Office’s normal hours of SUPPLEMENTARY INFORMATION: In the The Rocky Mount 8-hour ozone operation. The Regional Office’s official final rules section of the Federal nonattainment area is comprised of two hours of business are Monday through

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Friday, 8:30 to 4:30, excluding Federal DATES: Comments. Written comments Internet. If you submit an electronic holidays. must be received on or before January 5, comment, EPA recommends that you Please see the direct final rule which 2007. include your name and other contact is located in the Rules section of this Public Hearing. If anyone contacts information in the body of your Federal Register for detailed EPA by November 27, 2006 requesting comment with any disk or CD-ROM you instructions on how to submit to speak at a public hearing, a public submit. If EPA cannot read your comments. hearing will be held on December 6, comment due to technical difficulties FOR FURTHER INFORMATION CONTACT: 2006. and cannot contact you for clarification, Nacosta C. Ward may be reached by ADDRESSES: Submit your comments, EPA may not be able to consider your phone at (404) 562–9140 and via identified by Docket ID No. EPA–HQ– comment. Electronic files should avoid electronic mail at OAR–2005–0171, by one of the the use of special characters, any form [email protected]. Amanetta Wood following methods: of encryption, and be free of any defects may be reached by phone at (404) 562– • http://www.regulations.gov. Follow or viruses. For additional information 9025 and via electronic mail at the on-line instructions for submitting about EPA’s public docket, visit the EPA [email protected]. comments. Docket Center homepage at http:// • E-mail: [email protected]. www.epa.gov/epahome/dockets.htm. SUPPLEMENTARY INFORMATION: For • Fax: (202) 566–1741. Docket: All documents in the docket additional information see the direct • Mail: U.S. Postal Service, send are listed in the www.regulations.gov final rule which is published in the comments to: Air and Radiation Docket index. Although listed in the index, Rules section of this Federal Register. (6102T), Environmental Protection some information is not publicly Dated: October 24, 2006. Agency, 1200 Pennsylvania Avenue, available, e.g., CBI or other information A. Stanley Meiburg, NW., Washington, DC 20460. Please whose disclosure is restricted by statute. Acting Regional Administrator, Region 4. include a total of two copies. We request Certain other material, such as [FR Doc. E6–18582 Filed 11–3–06; 8:45 am] that a separate copy also be sent to the copyrighted material, will be publicly available only in hard copy. Publicly BILLING CODE 6560–50–P contact person identified below (see FOR FURTHER INFORMATION CONTACT). available docket materials are available Hand Delivery: In person or by either electronically in http:// ENVIRONMENTAL PROTECTION courier, deliver comments to: Air and www.regulations.gov or in hard copy at AGENCY Radiation Docket (6102T), the Air and Radiation Docket, Docket ID Environmental Protection Agency, EPA No. EPA–HQ–OAR–2005–0171, EPA 40 CFR Part 63 West Building, 1301 Constitution West Building, Room B–102, 1301 Constitution Ave., NW., Washington, [EPA–HQ–OAR–2005–0171; FRL–8239–8] Avenue, NW., Room B–102, Washington, DC 20014. Please include a DC. The Public Reading Room is open RIN 2060–AM14 total of two copies. Such deliveries are from 8:30 a.m. to 4:30 p.m., Monday accepted only during the Docket’s through Friday, excluding legal National Emission Standards for normal hours of operation and special holidays. The telephone number for the Hospital Ethylene Oxide Sterilizers arrangements should be made for Public Reading Room is (202) 566–1744, AGENCY: Environmental Protection deliveries of boxed information. We and the telephone number for the EPA Agency (EPA). request that a separate copy also be sent Docket Center is (202) 566–1742. ACTION: Proposed rule. to the contact person identified below Note: The EPA Docket Center suffered (see FOR FURTHER INFORMATION CONTACT). damage due to flooding during the last week SUMMARY: EPA is proposing two primary Instructions: Direct your comments to of June 2006. The Docket Center is regulatory alternatives for new and Docket ID No. EPA–HQ–OAR–2005– continuing to operate. However, during the existing hospital sterilizers that emit 0171. EPA’s policy is that all comments cleanup, there will be temporary changes to hazardous air pollutants and are area received will be included in the public Docket Center telephone numbers, addresses, and hours of operation for people who wish sources within the meaning of Clean Air docket without change and may be to make hand deliveries or visit the Public Act section 112(a)(2). The first made available online at http:// Reading Room to view documents. Consult alternative proposes a generally www.regulations.gov, including any EPA’s Federal Register notice at 71 FR 38147 available management practice personal information provided, unless (July 5, 2006) or the EPA Web site at http:// requirement for new and existing the comment includes information www.epa.gov/epahome/dockets.htm for hospital sterilizers that are area sources. claimed to be Confidential Business current information on docket operations, The second alternative proposes that Information (CBI) or other information locations, and telephone numbers. The there are no generally available control whose disclosure is restricted by statute. Docket Center’s mailing address for U.S. mail technologies or management practices Do not submit information that you and the procedure for submitting comments to www.regulations.gov are not affected by within the meaning of Clean Air Act consider to be CBI or otherwise the flooding and will remain the same. section 112(d)(5) for this source protected through www.regulations.gov category. We are proposing these two or e-mail. The www.regulations.gov Public Hearing: If a public hearing is different alternatives because we Web site is an ‘‘anonymous access’’ held, it will be held at 10 a.m. at the currently have imperfect information system, which means EPA will not EPA’s Environmental Research Center concerning the ability of the proposed know your identity or contact Auditorium, Research Triangle Park, management practice to reduce information unless you provide it in the NC, or at an alternate site nearby. hazardous air pollutant emissions and body of your comment. If you send an FOR FURTHER INFORMATION CONTACT: For the cost-effectiveness of such e-mail comment directly to EPA without questions about the proposal, contact management practice. going through www.regulations.gov, Mr. David Markwordt, EPA, Office of This action is being proposed as part your e-mail address will be Air Quality Planning and Standards, of EPA’s obligation to regulate area automatically captured and included as Sector Policies and Programs Division, sources listed for regulation pursuant to part of the comment that is placed in the Coatings and Chemicals Group (E143– Clean Air Act section 112(c)(3). public docket and made available on the 01), Research Triangle Park, NC 27711;

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telephone number (919) 541–0837; fax the public hearing. Persons interested in Urban Air Toxics Strategy (Strategy), number (919) 541–0246; e-mail address: attending the public hearing must also issued on July 19, 1999 (64 FR 38706) [email protected]. call Mr. David Markwordt to verify the included a list of 30 area source HAP SUPPLEMENTARY INFORMATION: Regulated time, date, and location of the hearing. and a list of area source categories Entities. Categories and entities A public hearing will provide interested emitting the listed HAP. CAA Section potentially regulated by the proposed parties the opportunity to present data, 112(d) includes authority to issue new action are hospitals which sterilize with views, or arguments concerning the and existing source maximum ethylene oxide. The proposed action proposed action. achievable control technology (MACT) would affect the following categories of World Wide Web (WWW). In addition standards, health threshold standards, sources: to being available in the docket, an and generally available control electronic copy of the proposed rule is technology (GACT) or management Example of also available on the WWW. Following practice standards for area sources. We 1 Category NAICS potentially the Administrator’s signature, a copy of are issuing today’s proposal pursuant to code regulated the proposed rule will be posted on entities CAA section 112(d)(5) to address our EPA’s Technology Transfer Network obligation under CAA section 112(c)(3) General Medical 622110 Hospital steri- (TTN) policy and guidance page for to subject to regulation the listed area and Surgical lizers. newly proposed or promulgated rules at source category of hospital sterilizers. Hospitals. http://www.epa.gov/ttn/oarpg. The TTN Specialty (Except 622310 Hospital steri- at EPA’s Web site provides information II. Summary of the Proposed Standards Psychiatric and lizers. and technology exchange in various The source category at issue in this Substance areas of air pollution control. proposal is hospital sterilizers that emit Abuse) Hospitals. Organization of this Document. The HAP and that are area sources. EPA is 1 North American Industrial Classification information presented in this preamble proposing two primary regulatory Code. is organized as follows: alternatives for this source category. The This table is not intended to be I. Background first alternative (Regulatory Alternative exhaustive, but rather provides a guide II. Summary of the Proposed Standards 1) proposes a management practice to for readers regarding entities likely to be A. What Source Category Would Be reduce HAP emissions from hospital regulated by the proposed rule. If you Affected By This Proposal? sterilizers that do not use control B. Proposed Regulatory Alternative 1 have any questions regarding the devices to reduce ethylene oxide C. Proposed Regulatory Alternative 2 emissions. applicability of the proposed action to a III. Rationale for the Proposed Standards particular entity, contact the person IV. Summary of Environmental, Energy, Cost, The second alternative (Regulatory listed in the preceding FOR FURTHER and Economic Impacts of the Proposed Alternative 2) proposes that there are no INFORMATION CONTACT section. Standards generally available control technologies Submitting CBI. Do not submit V. Solicitation of Public Comments or management practices within the information which you claim to be CBI A. Introduction and General Solicitation meaning of section 112(d)(5) for this B. Specific Comment and Data to EPA through www.regulations.gov or particular source category. We are Solicitations proposing these two alternatives e-mail. Clearly mark the part or all of VI. Statutory and Executive Order Reviews the information that you claim to be A. Executive Order 12866: Regulatory because we currently have limited CBI. For CBI information on a disk or Planning and Review information concerning the ability of the CD–ROM that you mail to EPA, mark B. Paperwork Reduction Act proposed management practice to the outside of the disk or CD–ROM as C. Regulatory Flexibility Act reduce HAP emissions and the cost- CBI and then identify electronically D. Unfunded Mandates Reform Act effectiveness of such management E. Executive Order 13132: Federalism practice. As explained below, we within the disk or CD–ROM the specific F. Executive Order 13175: Consultation information that is claimed as CBI. believe this proposal meets the and Coordination with Indian Tribal requirements of CAA sections 112(c)(3) Information so marked will not be Governments disclosed except in accordance with G. Executive Order 13045: Protection of and 112(d)(5). procedures set forth in 40 CFR part 2. Children from Environmental Health A. What Source Category Would Be In addition to one complete version of Risks and Safety Risks Affected by This Proposal? the comment that includes information H. Executive Order 13211: Actions claimed as CBI, a copy of the comment Concerning Regulations That The source category that is affected by Significantly Affect Energy Supply, this proposed action is the hospital that does not contain the information Distribution, or Use claimed as CBI must be submitted for sterilizer area source category. This I. National Technology Transfer and source category includes area source inclusion in the public docket. Advancement Act Information so marked will not be facilities that perform the operations disclosed except in accordance with I. Background necessary to sterilize medical items with procedures set forth in 40 CFR part 2. Section 112(k)(3)(B) of the Clean Air ethylene oxide at hospitals. Public Hearing. Persons interested in Act (CAA) requires us to identify not B. Proposed Regulatory Alternative 1 presenting oral testimony or inquiring less than 30 hazardous air pollutants as to whether a hearing is to be held (HAP) which, as the result of emissions 1. What Would Be the Affected Sources should contact Mr. David Markwordt, from area sources, present the greatest and Emission Points? EPA, Office of Air Quality Planning and threat to public health in the largest The affected source to which the Standards, Sector Policies and Programs number of urban areas, and section proposed management practice applies Division, Coatings and Chemicals Group 112(c) requires us to list sufficient area is the group of ethylene oxide sterilizers (E143–01), Research Triangle Park, NC source categories or subcategories to at a hospital and that are located at 27711, telephone number (919) 541– ensure that emissions representing 90 hospitals that emit less than major 0837, e-mail address: percent of the 30 listed HAP (area source quantities of HAP. If EPA [email protected], at least 2 source HAP) are subject to regulation finalizes Regulatory Alternative 1, you days in advance of the potential date of under section 112(d) of the CAA. The would be subject to the requirements in

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the proposed subpart if you own or 3. What Would Be the Testing and costs can be as high as $1.3 million per operate one or more of the affected Initial Compliance Demonstration year, resulting in reductions that cost sources identified above. These Requirements? $150,000 to $650,000 per ton. Costs requirements would apply nationwide. There are no performance test would be reduced significantly without We are also considering applying requirements for the proposed recordkeeping requirements, but emission reductions would be expected proposed Regulatory Alternative 1 to management practice standard. urban areas only and are taking to be lower in this instance. For these comment on this approach. In a separate 4. What Would Be the Notification, reasons, the Agency is alternatively action, we are proposing various Recordkeeping, and Reporting proposing today to find that there are no Requirements? definitions related to the urban only GACT or management practices within the meaning of CAA section 112(d)(5) approach (e.g., definitions for We are proposing an initial for this category of sources. We believe ‘‘Metropolitan Statistical Area,’’ compliance notification/certification status that would require affected that this would be a reasonable ‘‘Urban,’’ ‘‘Urban 1 areas,’’ and ‘‘Urban approach given the high costs of 2 areas’’). These proposed definitions sources to notify EPA that they operate a sterilizer covered by the rule and controlling emissions of ethylene oxide are included in the proposed National from hospital sterilizers using the certify that they will operate the Emission Standards for Hazardous Air identified control technology and the sterilizer in accordance with the Pollutants for Source Categories: uncertainties as to whether the requirements of the rule. We are taking Gasoline Distribution Bulk Terminals, proposed work practice standard will comment on the costs and benefits of Bulk Plants, Pipeline Facilities, and result in HAP emission reductions and this initial compliance notification/ Gasoline Dispensing Facilities; this whether such reductions are cost- certification status and whether or not proposal is in Docket EPA–HQ–OAR– effective. We request comment on this there should be annual compliance 2006–0406. If we decide to finalize the alternative. certifications. urban-only approach, we would include For Regulatory Alternative 1, we are III. Rationale for the Proposed in this final rule definitions related to also proposing two options for Standards that approach. recordkeeping. The first option does not Ethylene oxide is used in hospitals to The emission source subject to the require recordkeeping. The second sterilize medical items, particularly management practice is the sterilization option requires that affected sources heat-sensitive items that cannot be unit. maintain records on-site of the date and steam sterilized. Ethylene oxide can be time of each sterilization operation. If 2. What Would Be the Emission Limits, used directly in pure gaseous form or in less than a full load is sterilized at any gaseous mixtures. The ethylene oxide Equipment Standards, and/or time, the operator must, in addition to sterilization process includes Management Practice Standards? noting the date and time of the preparation of the sterilization chamber Under Regulatory Alternative 1, we sterilization operation, identify the (temperature, evacuation, reason why a less-than-full load was are proposing two different alternatives humidification, and ethylene oxide gas sterilized. with regard to uncontrolled hospital concentration), the sterilization cycle We are soliciting comment on the sterilizers. First, we propose to require when the medical item is exposed to particular circumstances where a ethylene oxide, evacuation and air that hospitals with uncontrolled hospital may need to run the sterilizer washes, and the aeration (or off-gas) sterilizers follow the management with less than a full load, and whether cycle. Emissions points from hospital practice of sterilizing full loads of items to require records of such loads and the ethylene oxide sterilization processes having a common aeration time, except reason they were run. include: (1) Emissions from evacuating where emergency circumstances dictate C. Proposed Regulatory Alternative 2 the chamber following sterilization, (2) the use of less than full loads to protect emissions from the chamber during human health. As discussed below, we As explained further below, we aeration, and (3) emissions that occur are soliciting comment on particular alternatively propose today that there when the sterilizer door is opened. Most circumstances where an exemption to are no generally available control hospitals have eliminated another the full load requirement would be technologies or management practices potential source of emissions, the once- necessary for medical or other reasons. within the meaning of section 112(d)(5) through water-sealed vacuum pump Alternatively, we propose that hospitals for this category of sources. We are used to evacuate the ethylene oxide with uncontrolled sterilizers follow the proposing this alternative in addition to from the chamber, in order to meet management practice of sterilizing full Regulatory Alternative 1 because of the Occupational Safety and Health loads of items having a common possibility that the proposed Administration (OSHA) guidelines for aeration to the extent practical. Unlike management standard will not result in worker exposure. Hospitals now use the first proposed approach, this meaningful or cost-effective reductions recirculating vacuum-sealed pumps. alternative would eliminate the need for in ethylene oxide. That is, given the There were an estimated 5,800 a specific list of exemptions. incentives that operators have to hospitals nationwide in the United minimize ethylene oxide emissions to States in 2002. Based on a nationwide As for hospitals with controlled reduce operating costs as well as their and State search for permits and sterilizers, we propose that these own exposures, it is uncertain whether inventory data, we specifically hospitals be required to certify that the the issuance of additional work practice compared the number of hospitals control devices are operating and will standards would result in meaningful identified and the number confirmed to continue to operate in accordance with HAP emission reductions. Even if such conduct ethylene oxide sterilization, applicable State and/or local laws or, if reductions occurred, they could be and extrapolated to nationwide controls are voluntary, in accordance expensive. For example, as noted above, numbers. The percentage of hospitals with manufacturers’ specifications. If we assume that work practice standards with ethylene oxide sterilization ranges controls are subsequently removed, the would reduce emissions by 2 to 9 tons from 28 to 33 percent. Based on this management practice would take effect. per year (tpy), and that recordkeeping range, there are approximately 1,600 to

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1,900 hospitals nationwide that conduct California, there were approximately controls. Due to this widespread use of ethylene oxide sterilization. 600 hospitals that operated ethylene controls on hospital sterilizers, the The predominant type of air pollution oxide sterilizers in 1991. Since MACT floor level of control would be control devices are the EtO-AbatorTM implementation of the California Air add-on controls if we were to develop and the Safe-Cell technology. Both Resources Board regulation for hospital this area source rule based on CAA technologies reduce emissions by sterilizers in 1991, at least 60 percent of section 112(d)(2). We propose to reject approximately 99 percent. The EtO- these hospitals are no longer conducting the application of MACT and the AbatorTM oxidizes the ethylene oxide sterilization operations. requirement to control all presently with a catalyst to form carbon dioxide In 2000, the Food and Drug uncontrolled hospital sterilizers based and water vapor. The latest version of Administration (FDA) regulated the on the small amount of ethylene oxide the EtO-AbatorTM (sold by 3M) is sold reprocessing of SUD, and these emissions from uncontrolled hospital only for use with pure ethylene oxide regulations have made it more difficult sterilizers and the poor cost- systems; however, earlier versions were for hospitals to continue the effectiveness associated with requiring used with gas blends. The Safe-Cell reprocessing. Many hospitals have add-on controls on the currently technology, which can be used with reacted to the 2000 FDA regulations by uncontrolled sources. The average either pure ethylene oxide or ethylene discontinuing the reuse of SUD or by hospital emits less than 300 pounds per oxide gas blends, is a two-stage process. outsourcing the sterilization processing year of ethylene oxide. The cost- In the first stage, an acid hydrolysis of SUD. With the trends mentioned, effectiveness of applying MACT is over scrubber removes ethylene oxide from hospitals in urban areas have begun to $200,000 per ton of ethylene oxide the gas stream and converts it to consolidate ethylene oxide sterilization reduced, excluding any potential MRR ethylene glycol; in the second stage, the processes, and one hospital with a large costs, which we think is excessive for remaining ethylene oxide is captured sterilizer may conduct sterilization control of these emissions. and destroyed on a dry bed filter processes for its neighbor or affiliated Consequently, the Administrator is impregnated with a chemical reactant. hospitals or those in close proximity. As exercising his discretion to promulgate We estimated that ethylene oxide a result of the many SUD reuse issues, standards or requirements under CAA emissions were 1,060 megagrams per when hospitals are outsourcing and section 112(d)(5) which provide for the year (Mg/yr) (1,170 tpy) from hospital using reprocessed devices, ethylene use of management practices to reduce sterilization processes nationwide in oxide usage by contract sterilizers is emissions of HAP from uncontrolled 1990. As discussed below, there have increasing, and when hospitals are not sterilizers. been declines in ethylene oxide usage reprocessing SUD, ethylene oxide usage The FDA regulates the hospital and emissions for sterilization by medical device manufacturers has sterilizer as a medical device; these processes. Nationwide ethylene oxide increased as they manufacture more requirements help ensure sterility of the usage was estimated to be 192 Mg/yr SUD. (Sterilization processes by sterilized product. The FDA requires the (212 tpy) in 2000 and 122 Mg/yr (135 commercial sterilizers, which include manufacturer follow the Association for tpy) in 2005. We estimate that at least commercial contract sterilizers and the Advancement of Medical half of the ethylene oxide being used by medical device manufacturers, are Instrumentation (AAMI) standards for hospitals with controlled sterilizers, subject to MACT controls under 40 CFR sterilizers. The FDA does not directly which would emit negligible amounts of part 63, subpart O.) regulate the hospital use of the sterilizer ethylene oxide, and the other half is Emissions from controlled hospital unit. However, the amount of ethylene used in uncontrolled sterilizers. This sterilizers are negligible, and we are not oxide used per sterilizer cycle is factory resulted in about 40 Mg/yr (44 tpy) of aware of any practical emission set by the manufacturers to comply with ethylene oxide emissions in 2005. We reduction strategies to further reduce the AAMI standards, i.e., for a given estimate approximately 0.05 cases of emissions after control. The ethylene sterilizer cycle, one uses the same cancer per year resulting from the oxide emissions from hospitals average amount of ethylene oxide whether the release of the 40 Mg/yr of ethylene less than 300 pounds per year. The sterilizer is full or not. Because of this, oxide to the atmosphere. Ethylene oxide capital costs of add-on controls for these hospital sterilizer operators have little emissions for hospital sterilizers facilities range from $23,000 to $130,000 discretion in the operation of the therefore have decreased over 90 per hospital and the annualized costs of sterilizer other than to minimize the use percent from 1990 to 2005 (from 1,060 add-on controls range from $10,000 to of the sterilizer by only running full to 40 Mg/yr reduction). $46,000 per year. These costs do not loads. Under Regulatory Alternative 1, The decline in ethylene oxide usage include any potential monitoring, we are therefore proposing the for hospital sterilization is due mainly recordkeeping, and reporting (MRR) management practice that requires the to: (1) New regulations and excise taxes costs that would be necessary to ensure sterilization of full loads to minimize on chlorofluorocarbons, (2) continuous compliance if controls were the number of times the sterilizer is development of new sterilization required. Total nationwide annualized operated. As explained above, we are processes, such as liquid peracetic acid cost to control all uncontrolled facilities considering two different approaches for and hydrogen peroxide plasma would be approximately $8.5 million. framing the standard under Regulatory processes, for certain medical items, (3) The cost to reduce a ton of ethylene Alternative 1. increased concern over the toxicity of oxide emissions is over $200,000 per This management practice is ethylene oxide residuals, and (4) new year. consistent with the American National restrictions on reprocessing single use As a first step in our analysis, we Standards Institute, Inc. (ANSI) and the devices (SUD). As a corollary to the considered the option of applying a AAMI jointly developed American decline in EO usage and emissions, the MACT standard to hospital sterilizers National Standard ANSI/AAMI number of hospitals that conduct under CAA section 112(d)(2). Hospitals ST41:1999. The ANSI/AAMI ST41:1999 ethylene oxide sterilization has been that are currently controlling their standard is recognized by the FDA as a declining. Regulation of ethylene oxide ethylene oxide sterilizers generally are consensus standard. The ANSI/AAMI sterilization at hospitals has contributed doing so to comply with existing State standard requires the operator sterilize to the decline in the number of hospitals or local requirements. More than half of full loads of items having a common that conduct sterilization processes. In the hospital sterilizers have add-on aeration time, to the extent practical.

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The rationale provided in the standard estimates, however. We are taking GACT. We also have limited states the following: comment on the costs and benefits of information to conclude either that the As compared to sterilizing the same this recordkeeping requirement and on proposed management practice reduces volume in partial loads, sterilizing full whether this rule should apply emissions of ethylene oxide or that the loads of items having a common nationally or only to hospitals in urban proposed practice is cost-effective. We aeration time is cost-effective and areas. We are considering applying are therefore co-proposing Regulatory reduces the potential for occupational today’s proposal only to urban areas as Alternative 2. exposure and for environmental release defined in the proposed National We are soliciting comment on of ethylene oxide. This practice also Emission Standards for Hazardous Air whether, for this source category, it is reduces the temptation for workers to Pollutants for Source Categories: reasonable to conclude that no such attempt to retrieve items with short Gasoline Distribution Bulk Terminals, generally available means of reducing aeration times from cabinets in which Bulk Plants, Pipeline Facilities, and emissions is available. In this regard, we other items might not be fully aerated Gasoline Dispensing Facilities in Docket specifically solicit comment on whether and thus helps avoid unnecessary EPA–HQ–OAR–2006–0406. there is any other control technology or exposure to ethylene oxide.’’ Based on the information and management practice that is not It is possible that not all hospitals assumptions noted above, we are described in this proposal, but that may sterilize every load consistent with this proposing two options for Regulatory provide a cost-effective means of standard. We believe that the Alternative 1. First, we propose that full reducing ethylene oxide emissions from management practice should increase loads of items having a common hospital sterilizers. To the extent a the awareness of pollution prevention aeration time be sterilized, except where commenter identifies such an and that it has the potential to reduce emergency circumstances dictate the alternative means of emission reduction, emissions from uncontrolled hospital use of less than full loads to protect we request information relating to the sterilizers. For purposes of Regulatory human health. With regard to this nature of the emission reduction and the Alternative 1, we assume that the cost proposed option, we specifically solicit cost of obtaining such reduction. of implementing the management comment on whether there are other Section 502(a) of the CAA provides practice is low. We believe the cost of exemptions to the full load requirement that EPA may exempt one or more area performing the management practice that are appropriate. Alternatively, we sources from the requirements of title V may be off-set by the reduced propose that operators be required to if EPA finds that compliance with such purchasing costs of ethylene oxide and sterilize full loads of items having a requirements is ‘‘impracticable, other operating costs resulting from common aeration time to the extent infeasible, or unnecessarily fewer loads. We also believe the practical. Under this alternative burdensome’’ on such area sources. EPA implementation of the management approach, there is no need for a must determine whether to exempt an practice can be done relatively quickly specified list of exemptions for specific area source from title V at the time we due to the expected low effort to set up circumstances, as is the case with the issue the relevant CAA section 112 the recordkeeping necessary for the first proposed approach. Rather, the standard (40 CFR 70.3(b)(2)). If we practice. For these reasons, we are operator must fully load the sterilizer to pursue Regulatory Alternative 1 in the proposing Regulatory Alternative 1, the extent practical. final rule, we are proposing today to which would require compliance with Both options recognize that hospital exempt hospital sterilizer area sources the management practice requirements sterilizers have strong economic from the requirements of title V. within 1 year after the effective date of incentives to operate sterilizers with a Hospital sterilizer area sources would the final rule. full load because doing so reduces the not be required to obtain title V permits Under Regulatory Alternative 1, we quantity of ethylene oxide needed to solely as a function of being the subject are proposing that the management run their operation and, accordingly, of today’s proposed national emission practice apply to uncontrolled hospital reduces costs. This alternative approach standards for hazardous air pollutants sterilizers. Hospitals controlling their is consistent with the ANSI/AAMI (NESHAP); however, if they were sterilizers with add-on emission control standard described above. Indeed, as otherwise required to obtain title V devices would be required to certify noted by the AAMI and FDA, operation permits, such requirement(s) would not either compliance with all State or local at full loads reduces operating costs by be affected by today’s proposed requirements applicable to the controls reducing the consumption of ethylene exemption. or, if controls are voluntary, certify that oxide, minimizing wear and tear on Consistent with the statute, EPA has they are operating the controls in machines, and reducing associated labor found that compliance with title V accordance with the manufacturer’s costs. We solicit comment on these two permitting is ‘‘unnecessarily specifications. If controls are alternative approaches. burdensome’’ for hospital sterilizer area subsequently removed, the management Under Regulatory Alternative 2, we sources. EPA’s inquiry into whether this practice would take effect. Facilities are proposing that there are no GACT or criterion was satisfied was based complying with the management management practices within the primarily upon consideration of the practice will be required to maintain meaning of section 112(d)(5) of the CAA following four factors: (1) Whether title records on-site of the date and time of for this source category. We are V would result in significant sterilization and whether a full load was currently not aware of any control improvements to the compliance sterilized, and the reason for not technology or management practice requirements that we are proposing for running a full load. We estimated the other than those discussed in this this area source category; (2) whether costs to keep records at $1.3 million per proposal that would reduce ethylene title V permitting would impose a year for the uncontrolled facilities. We oxide emissions from hospital significant burden on hospital sterilizer are assuming the controlled facilities sterilizers. We have already identified area sources; (3) whether the costs of will certify compliance with either State that there is a high cost of controlling title V permitting for hospital sterilizer or local requirements, or they are emissions of ethylene oxide from area sources would be justified, taking operating the controls consistent with hospital sterilizers using the identified into consideration any potential gains in the manufacturer’s specifications. The control technology, such that we compliance likely to occur for such cost estimates noted above are only currently do not believe that there is any sources; and (4) whether there are

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implementation and enforcement which approximately 630 do not ‘‘Overloading impedes proper air programs in place that are sufficient for presently have add-on controls. The removal, humidification of the load, and assuring compliance with this NESHAP management practice that we are sterilant penetration and evacuation. without relying on title V permits. proposing today as Regulatory Proper loading ensures that the Additionally, EPA also considered Alternative 1 is estimated to reduce the sterilized items will not touch the whether exempting hospital sterilizer 40 Mg/yr emitted from uncontrolled operator’s hands during transfer from area sources would adversely affect sterilizers from 2 to 9 Mg/yr per year the sterilizer to the aerator.’’ public health, welfare, or the based on a range of assumptions for the We do not want the proposed environment. We first determined the extent to which hospital sterilizers are requirements to impede the sterilization extent to which these factors were presently not being run with full loads. cycle or in any way compromise the present for this area source category. We We estimate cancer incidence would be process of sterilization. We are then determined whether those factors reduced from approximately 0.05 to requesting comment on our definition of collectively demonstrated that 0.044 cases of cancer per year. We full load and for specific cases where it compliance with title V requirements further believe that if we pursue would not be practical or appropriate to would be unnecessarily burdensome for Regulatory Alternative 1 in the final require full loads. We are also soliciting hospital sterilizer area sources. rule, there will be minimal effect on comment on our alternative proposal of In our consideration of these factors, other air quality or non-air quality requiring hospitals with uncontrolled we believe the addition of title V environmental impacts and will be sterilizers to follow the management permitting would not result in negligible energy or economic impacts. practice of sterilizing full loads of items significant improvements to the Annualized costs to comply with the having a common aeration, to the extent compliance requirements that we are proposed standards are estimated to be practical. proposing for this area source category. less than $2 million per year. There will 3. Emission estimate for the Under Regulatory Alternative 1, we are be no environmental, energy, cost, or management practice—We currently unaware of any additional compliance economic impacts associated with have insufficient information procedures, in or outside the title V Regulatory Alternative 2. concerning the ability of the proposed program, which would improve the management practice to reduce HAP assurance of significantly more gains in V. Solicitation of Public Comments emissions. Our emissions reduction compliance and emission reductions. A. Introduction and General Solicitation estimates attributed to the management We have not identified any adverse practice are based on assumptions We request comments on all aspects effect on public health, welfare, or the concerning the current practice at of the proposed action. All significant environment by the proposed title V hospitals. The basis of our emissions comments received during the public exemption. estimate is the assumption that 10 to 50 comment period will be considered in We also believe that title V permitting percent of the sterilization is performed the development and selection of the may impose a significant burden on on half loads and that the amount of final rulemaking. facilities within this source category, ethylene oxide used is fixed per cycle. some of which are small businesses. For B. Specific Comment and Data The emission estimate also makes the many facilities, the cost of obtaining a Solicitations assumption that all loads could be full. title V permit may far exceed the cost of We are requesting comments on the complying with this proposed rule 1. Management practice costs and benefits—We are requesting comment extent to which hospitals presently without significant gains in compliance. sterilize less than full loads, to what Based on the above analysis, we on our estimate of the costs to comply with the management practice and the extent these less than full loads could be conclude that title V permitting would eliminated, and any additional be ‘‘unnecessarily burdensome’’ for associated MRR requirements. As stated earlier, we are proposing one time information that may assist in hospital sterilizer area sources. We are estimating emissions. We are requesting therefore proposing that this area source initial compliance notification/ certification. We are requesting comment on whether this management category be exempt from title V practice is an effective means of permitting requirements if we pursue comment on the costs and benefits of the proposed initial compliance reducing emissions from these sources Regulatory Alternative 1. and, if not, whether it would be We have prepared regulatory text for notification/certification status and appropriate to set no standard on the proposed Regulatory Alternative 1. The recordkeeping and on the costs and grounds that no technology or proposed regulatory text implements the benefits of hospitals also annually management practice are generally first option described above for certifying their compliance with the available to reduce emissions from these Regulatory Alternative 1 and includes proposed rule. We are requesting sources. proposed recordkeeping requirements. comment on the two proposed options We have included regulatory text for for recordkeeping. The first option does VI. Statutory and Executive Order this proposed approach because it is the not require records to minimize the Reviews approach that would involve the most burden compared to the emission A. Executive Order 12866: Regulatory extensive regulatory text. If we finalize reduction benefit. The second option Planning and Review the second option described above for requires recordkeeping to ensure Regulatory Alternative 1 (i.e., following compliance. We solicit comments on Under Executive Order 12866 (58 FR the ANSI/AAMI standard), we will approaches other than recordkeeping 51735, October 4, 1993), this action is a modify the regulatory text which may ensure compliance at a ‘‘significant regulatory action’’ because appropriately. smaller cost. Finally, we are requesting it may raise novel legal and policy comment on whether this rule should issues. Accordingly, EPA submitted this IV. Summary of Environmental, Energy, apply nationally or only to hospitals in action to the Office of Management and Cost, and Economic Impacts of the urban areas. Budget (OMB) for review under Proposed Standards 2. Full loads—The ANSI/AAMI Executive Order 12866 and any changes We estimate that in 2002 there were, ST41:1999 standards rationale for load made in response to OMB at most, 1,900 hospital area sources, of configuration states the following: recommendations have been

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documented in the docket for this complete and review the collection of independently owned and operated and action. information; and transmit or otherwise is not dominant in its field. disclose the information. After considering the economic B. Paperwork Reduction Act An Agency may not conduct or impacts of today’s proposed rule on The information requirements in the sponsor, and a person is not required to small entities, I certify that this action proposed NESHAP for Hospital respond to, a collection of information will not have a significant economic Ethylene Oxide Sterilization Area unless it displays a currently valid OMB impact on a substantial number of small Sources have been submitted for control number. The OMB control entities. Proposed Regulatory approval to OMB under the Paperwork numbers for EPA’s regulations in 40 Alternative 1 proposes to require the use Reduction Act, 44 U.S.C. 3501, et seq. CFR part 63 are listed in 40 CFR part 9. of a work practice to minimize the The Information Collection Request To comment on the Agency’s need for operation of the ethylene oxide (ICR) document prepared by EPA has this information, the accuracy of the sterilization unit and will, therefore, been assigned EPA ICR number 2245.01. provided burden estimates, and any have minimal nationwide costs, i.e., less The proposed information collection suggested methods for minimizing than $2 million per year. We have requirements are based on the respondent burden, including the use of determined that less than 3 percent of information collection requirements in automated collection techniques, EPA the hospitals are small businesses as the part 63 General Provisions (40 CFR defined by the SBA. We have also part 63, subpart A), some of which are has established a public docket for this action, which includes this ICR, under determined that none of these small incorporated into the proposed businesses are significantly impacted by NESHAP. The ICR document includes Docket ID number EPA–HQ–OAR– 2005–0171. Submit any comments this proposal for none of them will the burden estimates for all applicable incur annualized compliance costs of General Provisions. These related to the ICR for the proposed rules to EPA and OMB. See ‘‘Addresses’’ 0.1 percent of sales or greater. There are recordkeeping and reporting no costs associated with proposed section at the beginning of this notice requirements are mandatory pursuant to Regulatory Alternative 2. for where to submit comments to EPA. section 114 of the CAA (42 U.S.C. 7414). We continue to be interested in the All information submitted to EPA Send comments to OMB at the Office of potential impacts of the proposed rule pursuant to the information collection Information and Regulatory Affairs, on small entities and welcome requirements for which a claim of Office of Management and Budget, 725 comments on issues related to such confidentiality is made is safeguarded 17th Street, NW., Washington, DC impacts. according to CAA section 114(c) and the 20503, Attention: Desk Officer for EPA. Agency’s implementing regulations at Since OMB is required to make a D. Unfunded Mandates Reform Act 40 CFR part 2, subpart B. decision concerning the ICR between 30 Title II of the Unfunded Mandates Proposed Regulatory Alternative 2 and 60 days after November 6, 2006, a Reform Act of 1995 (UMRA), Public does not impose any new information comment to OMB is best assured of Law 104–4, establishes requirements for collection burden. Proposed Regulatory having its full effect if OMB receives it Federal agencies to assess the effects of Alternative 1 does propose information by December 6, 2006. The final rule will their regulatory actions on State, local, collection requirements. Specifically, respond to any OMB or public and tribal governments and the private the annual burden for the information comments on the information collection sector. Under section 202 of the UMRA, collection averaged over the first 3 years requirements contained in this proposal. EPA generally must prepare a written of this ICR is estimated to total 23,694 C. Regulatory Flexibility Act statement, including a cost-benefit labor hours per year at a cost of $1.6 analysis, for proposed and final rules million for the 1,900 existing hospital The Regulatory Flexibility Act (RFA) with ‘‘Federal mandates’’ that may sterilizer area sources. No capital/ generally requires an agency to prepare result in expenditures by State, local, startup costs or operation and a regulatory flexibility analysis of any and tribal governments, in the aggregate, maintenance costs are associated with rule subject to notice and comment or to the private sector, of $100 million the proposed requirements. No costs or rulemaking requirements under the or more in any 1 year. Before burden hours are estimated for new area Administrative Procedure Act or any promulgating an EPA rule for which a sources because no new sources are other statute unless the agency certifies written statement is needed, section 205 estimated during the 3-year period of that the rule will not have a significant of the UMRA generally requires EPA to the ICR. We have no indication there economic impact on a substantial identify and consider a reasonable will be any new sources in the next 3 number of small entities. Small entities number of regulatory alternatives and years. include small businesses, small not-for- adopt the least costly, most cost- Burden means the total time, effort, or profit enterprises, and small effective, or least burdensome financial resources expended by persons governmental jurisdictions. alternative that achieves the objectives to generate, maintain, retain, disclose, or For the purposes of assessing the of the rule. The provisions of section provide information to or for a Federal impacts of today’s proposed area source 205 do not apply when they are agency. This includes the time needed NESHAP on small entities, a small inconsistent with applicable law. to review instructions; develop, acquire, entity is defined as: (1) A small business Moreover, section 205 allows EPA to install, and utilize technology and that is a hospital as defined by NAICS adopt an alternative other than the least systems for the purposes of collecting, codes 622110 and 622310 whose parent costly, most cost-effective, or least validating, and verifying information, company has less than $31.5 million in burdensome alternative if the processing and maintaining gross revenue (based on Small Business Administrator publishes with the final information, and disclosing and Administration (SBA) size standards); rule an explanation why that alternative providing information; adjust the (2) a small governmental jurisdiction was not adopted. existing ways to comply with any that is a government of a city, county, Before EPA establishes any regulatory previously applicable instructions and town, school district, or special district requirements that may significantly or requirements; train personnel to be able with a population of less than 50,000; uniquely affect small governments, to respond to a collection of and (3) a small organization that is any including Tribal governments, it must information; search data sources; not-for-profit enterprise which is have developed under section 203 of the

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UMRA, a small government agency proposed rule. In the spirit of Executive Order has the potential to influence the plan. The plan must provide for Order 13132, and consistent with EPA regulation. The proposed rule is not notifying potentially affected small policy to promote communications subject to the Executive Order. It is governments, enabling officials of between EPA and State and local based on control technology and not on affected small governments to have governments, EPA specifically solicits health or safety risks. meaningful and timely input in the comment on this proposed rule from H. Executive Order 13211: Actions development of EPA regulatory State and local officials. Concerning Regulations That proposals with significant Federal F. Executive Order 13175: Consultation Significantly Affect Energy Supply, intergovernmental mandates, and and Coordination With Indian Tribal Distribution, or Use informing, educating, and advising Governments small governments on compliance with The proposed rule is not a the regulatory requirements. Executive Order 13175 (65 FR 67249, ‘‘significant energy action’’ as defined in EPA has determined that the November 9, 2000) requires EPA to Executive Order 13211 (66 FR 28355, proposed rule does not contain a develop an accountable process to May 22, 2001) because it is not likely to Federal mandate that may result in ensure ‘‘meaningful and timely input by have a significant adverse effect on the expenditures of $100 million or more Tribal officials in the development of supply, distribution, or use of energy. for State, local, and tribal governments, regulatory policies that have Tribal Further, we have concluded that the in the aggregate, or the private sector in implications.’’ ‘‘Policies that have tribal proposed rule is not likely to have any any 1 year. As discussed previously in implications’’ are defined in the adverse energy effects because energy this preamble, if we finalize Regulatory Executive Order to include regulations requirements would likely be less than Alternative 1, the estimated that have ‘‘substantial direct effects on existing levels. No additional pollution expenditures for the private sector in one or more Indian tribes, on the controls or other equipment that would any 1 year are less than $2 million. relationship between the Federal consume energy are required by the There are no costs associated with Government and Indian tribes, or on the proposed rules. distribution of power and proposed Regulatory Alternative 2. I. National Technology Transfer and responsibilities between the Federal Thus, the proposed rule is not subject to Advancement Act the requirements of sections 202 and government and Indian tribes.’’ 205 of the UMRA. In addition, the The proposed rule does not have Section 12(d) of the National proposed rule does not significantly or tribal implications, as specified in Technology Transfer and Advancement uniquely affect small governments. The Executive Order 13175. It will not have Act (NTTAA) of 1995, Public Law 104– proposed rule would not result in substantial direct effects on Tribal 113, 12(d), (15 U.S.C. 272 note) directs expenditures by them of $100 million or governments, on the relationship EPA to use voluntary consensus more in any 1 year or any between the Federal Government and standards (VCS) in its regulatory disproportionate impacts on them. Indian tribes, or on the distribution of activities, unless to do so would be Therefore, the proposed rule is not power and responsibilities between the inconsistent with applicable law or subject to section 203 of the UMRA. Federal Government and Indian tribes, otherwise impractical. The VCS are as specified in Executive Order 13175. technical standards (e.g., materials E. Executive Order 13132: Federalism To the extent the proposed rule specifications, test methods, sampling Executive Order 13132 (64 FR 43255, proposes requirements, it does so only procedures, and business practices) that August 10, 1999), requires EPA to with respect to owners and operators of are developed or adopted by VCS develop an accountable process to specified area sources and not Tribal bodies. The NTTAA directs EPA to ensure ‘‘meaningful and timely input by governments. Thus, Executive Order provide Congress, through OMB, State and local officials in the 13175 does not apply to the proposed explanations when the Agency decides development of regulatory policies that rule. not to use available and applicable VCS. have federalism implications.’’ ‘‘Policies The proposed rule does not include that have federalism implications’’ are G. Executive Order 13045: Protection of technical standards. Children From Environmental Health defined in the Executive Order to List of Subjects in 40 CFR Part 63 include regulations that have Risks and Safety Risks ‘‘substantial direct effects on the States, Executive Order 13045 (62 FR 19885, Environmental protection, Air on the relationship between the national April 23, 1997) applies to any rule that: pollution control, Hazardous government and the States, or on the (1) Is determined to be ‘‘economically substances, Reporting and distribution of power and significant’’ as defined under Executive recordkeeping requirements. responsibilities among the various Order 12866, and (2) concerns an Dated: October 31, 2006. levels of government.’’ environmental health or safety risk that Stephen L. Johnson, The proposed rule does not have EPA has reason to believe may have a Administrator. federalism implications. It will not have disproportionate effect on children. If For the reasons stated in the substantial direct effects on the States, the regulatory action meets both criteria, preamble, title 40, chapter I, part 63 of on the relationship between the national the EPA must evaluate the the Code of Federal Regulations is government and the States, or on the environmental health or safety effects of proposed to be amended as follows: distribution of power and the planned rule on children, and responsibilities among the various explain why the planned regulation is PART 63—[AMENDED] levels of government, as specified in preferable to other potentially effective 1. The authority citation for part 63 Executive Order 13132. To the extent and reasonably feasible alternatives continues to read as follows: the proposed rule proposes considered by the EPA. requirements, it does so only with EPA interprets Executive Order 13045 Authority: 42 U.S.C. 7401 et seq. as applying only to those regulatory respect to owners and operators of Subpart A—[Amended] specified area sources and not State and actions that are based on health or safety local governments. Thus, Executive risks, such that the analysis required 2. Part 63 is amended by adding Order 13132 does not apply to the under section 5–501 of the Executive subpart WWWWW to read as follows:

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Subpart WWWWW—National Emission reconstruction of the affected source following control device manufacturer’s Standards for Hospital Ethylene Oxide before November 6, 2006. recommended procedures. Sterilization (2) An affected source is new if you (c) Controlled sources not subject to Applicability and Compliance Dates commenced construction or State and local regulation. You must Sec. reconstruction of the affected source on demonstrate initial compliance with 63.10382 Am I subject to this subpart? or after November 6, 2006. § 63.10390(b) by submitting an initial 63.10384 What are my compliance dates? Notification of Compliance Status § 63.10384 What are my compliance certifying that you are venting the dates? Standards ethylene oxide emissions from each 63.10390 What management practice (a) Existing source. If you have an sterilization unit to an add-on air standards must I meet? existing affected source, you must pollution control device. You must comply with applicable requirements in Initial Compliance Requirements certify that you are operating the control this subpart no later than [1 YEAR 63.10400 How do I demonstrate initial device during all sterilization processes AFTER THE DATE OF PUBLICATION and in accordance with manufacturer’s compliance? OF THE FINAL RULE IN THE Federal 63.10402 By what date must I demonstrate recommended procedures. initial compliance? Register]. (b) New source. If you have a new or § 63.10402 By what date must I Monitoring—Continuous Compliance reconstructed affected source for which demonstrate initial compliance? Requirements the initial startup date is on or before You must demonstrate initial 63.10420 How do I demonstrate [DATE OF PUBLICATION OF THE compliance with § 63.10390 upon continuous compliance with the FINAL RULE IN THE Federal Register], startup or no later than 180 calendar management practice requirements? you must comply with applicable days after your compliance date, Notifications, Reports, and Records requirements in this subpart by [DATE whichever is later. OF PUBLICATION OF THE FINAL 63.10430 What notifications must I submit Monitoring—Continuous Compliance RULE IN THE Federal Register]. and when? Requirements 63.10432 What records must I keep? (c) New source. If you have a new or 63.10434 In what form and for how long reconstructed affected source for which § 63.10420 How do I demonstrate must I keep my records? the initial startup date is after [DATE OF continuous compliance with the management practice requirements? Other Requirements and Information PUBLICATION OF THE FINAL RULE IN THE Federal Register], you must For each sterilization unit not 63.10440 What parts of the General comply with applicable requirements in Provisions apply to me? equipped with an add-on air pollution 63.10442 Who implements and enforces this subpart upon initial startup. control device, you must demonstrate this subpart? Standards continuous compliance with the 63.10446 Do title V permitting requirements management practice standards in apply to area sources subject to this § 63.10390 What management practice § 63.10390(a) by checking and recording subpart? standards must I meet? the date and time of each sterilization 63.10448 What definitions apply to this (a) You must sterilize full loads of cycle, whether each sterilization cycle subpart? items having a common aeration time, contains a full load of items, and if not, Tables to Subpart WWWWW of Part 63 except under the following conditions: which allowable reason. Table 1 to Subpart WWWWW of Part 63— emergency circumstances dictate the Notifications, Reports, and Records Applicability of General Provisions to use of less than full loads to protect Subpart WWWWW human health. § 63.10430 What notifications must I (b) You are exempt from the submit and when? Subpart WWWWW—National Emission management practice standards in (a) You must submit the initial Standards for Hospital Ethylene Oxide paragraph (a) of this section if your Notification of Compliance Status to the Sterilization sterilization unit is equipped with an authority provided for in § 63.9(a)(4). In Applicability and Compliance Dates add-on air pollution control device and addition to submitting your initial you submit a certification in accordance Notification of Compliance Status to the § 63.10382 Am I subject to this subpart? with § 63.10400. State or Region Office, you must also (a) You are subject to this subpart if Initial Compliance Requirements submit a copy of the initial Notification you own or operate an ethylene oxide of Compliance Status to EPA’s Office of sterilization facility at a hospital that is § 63.10400 How do I demonstrate initial Air Quality Planning and Standards. an area source of hazardous air compliance? Send your notification via e-mail to pollutant (HAP) emissions. Your (a) Uncontrolled sources. You must [email protected] or via U.S. mail or hospital facility is an area source of demonstrate initial compliance with the other mail delivery service to U.S. EPA, HAP if it is a stationary source or group management practice standards in Sector Policies and Programs Division, of stationary sources within a § 63.10390(a) by submitting an initial Coatings and Chemicals Group (E143– contiguous area under common control Notification of Compliance Status 01), Attn: Hospital Sterilizers Project that emits or has the potential to emit certifying that you are sterilizing with Leader, Research Triangle Park, NC any single HAP at a rate of less than full loads of items having a common 27711. 9.07 megagrams (10 tons) per year and aeration time. (b) You must submit an initial any combination of HAP at a rate of less (b) Controlled sources subject to State Notification of Compliance Status for than 22.68 megagrams (25 tons) per and local regulation. You must the initial compliance demonstration in year. demonstrate initial compliance with § 63.10400(a), (b), or (c) before 5 p.m. on (b) The affected source subject to this § 63.10390(b) by submitting an initial the 60th calendar day following the subpart is each new or existing Notification of Compliance Status compliance demonstration, consistent sterilization facility. certifying that you are operating the with § 63.10402. Your Notification of (1) An affected source is existing if sterilization unit in accordance with Compliance Status must include the you commenced construction or your State or local regulation and information required in paragraphs

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(b)(1) through (5) of this section and the your State, local, or tribal agency, then i.e., the vessel is filled with ethylene applicable certification in § 63.10400. that Agency has the authority to oxide gas or an ethylene oxide/inert gas (1) The name and address of the implement and enforce this subpart. mixture for the purpose of sterilizing owner or operator. You should contact your U.S. EPA and is followed by off-gassing of (2) The address (i.e., physical Regional Office to find out if this ethylene oxide. location) of the affected source. subpart is delegated to your State, local, Common aeration time means that (3) An identification of the relevant or tribal agency. items require the same length of time to standard, or other requirement, that is (b) In delegating implementation and off-gas ethylene oxide. the basis of the notification and the enforcement authority of this subpart to Controlled source means a source’s compliance date. a State, local, or tribal agency under 40 sterilization facility using ethylene (4) A brief description of the nature, CFR part 63, subpart E, the authorities oxide in sterilization units with an add- size, design, and method of operation of contained in paragraph (c) of this on air pollution control device used to the source and an identification of the section are retained by the reduce the quantity of ethylene oxide types of emission points within the Administrator of the U.S. EPA and are emissions. affected source subject to the relevant not transferred to the State, local, or standard and types of hazardous air tribal agency. Full load means the maximum pollutants emitted. (c) The authorities that will not be number of items that does not impede (5) A statement that the affected delegated to State, local, or tribal proper air removal, humidification of source is an area source. agencies include approval of the load, or sterilant penetration and alternatives to the applicability evacuation in the sterilization unit. § 63.10432 What records must I keep? requirements under 40 CFR 63.10382, Hospital means a facility that You must keep the records specified the compliance date requirements in 40 provides medical care and treatment, in paragraphs (a) and (b) of this section. CFR 63.10384, and the management including diagnostic and major surgery (a) All sources. A copy of the initial practice standards as defined in 40 CFR facilities, for patients who are acutely ill Notification of Compliance Status that 63.10390. or chronically ill on an inpatient basis you submitted to comply with this under supervision of licensed subpart. § 63.10446 Do title V permitting physicians and under nursing care (b) Uncontolled sources. Records of requirements apply to area sources subject to this subpart? offered 24 hours per day. Doctor’s checks needed to document continuous offices, clinics, or other facilities whose compliance with the management You are exempt from the obligation to primary purpose is to provide medical practice standards required by obtain a permit under 40 CFR part 70 or services to humans or animals on an § 63.10420. 40 CFR part 71, provided you are not outpatient basis are excluded. otherwise required by law to obtain a § 63.10434 In what form and for how long permit under 40 CFR 70.3(a) or 40 CFR State or local regulation means a must I keep my records? 71.3(a). Notwithstanding the previous regulation at the State or local level that (a) Your records must be in a form sentence, you must continue to comply requires a hospital to reduce the suitable and readily available for with the provisions of this subpart. quantity of ethylene oxide emissions expeditious review, according to from ethylene oxide sterilization units. § 63.10(b)(1). § 63.10448 What definitions apply to this Sterilization facility means the group (b) As specified in § 63.10(b)(1), you subpart? of ethylene oxide sterilization units at a must keep each record for 5 years Terms used in this subpart are hospital using ethylene oxide gas or an following the date of each occurrence, defined in the Clean Air Act (CAA), in ethylene oxide/inert gas mixture for the report, or record. 40 CFR 63.2, and in this section as purpose of sterilizing. (c) You must keep each record onsite follows: Sterilization process means any time for at least 2 years after the date of each Aeration process means any time when ethylene oxide is removed from occurrence, measurement, maintenance, when ethylene oxide is removed from the sterilization unit or combination corrective action, report, or record, the aeration unit through the aeration sterilization unit through the according to § 63.10(b)(1). You may unit vent or from the combination sterilization unit vent. keep the records offsite for the sterilization unit through the Sterilization unit means any enclosed remaining 3 years. sterilization unit vent, while aeration or vessel that is filled with ethylene oxide off-gassing is occurring. Other Requirements and Information Aeration unit means any vessel that is gas or an ethylene oxide/inert gas mixture for the purpose of sterilizing. § 63.10440 What parts of the General used to facilitate off-gassing of ethylene Provisions apply to me? oxide. Uncontrolled source means a Table 1 to this subpart shows which Air pollution control device means a sterilization facility using ethylene parts of the General Provisions in 40 catalytic oxidizer, acid-water scrubber, oxide in sterilization units with no add- CFR 63.1 through 63.16 apply to you. or any other air pollution control on air pollution control device used to equipment that reduces the quantity of reduce the quantity of ethylene oxide § 63.10442 Who implements and enforces ethylene oxide from the effluent gas emissions. this subpart? stream from sterilization and aeration Tables to Subpart WWWWW of Part 63 (a) This subpart can be implemented processes. and enforced by us, the U.S. EPA, or a Combination sterilization unit means As required in § 63.10440, you must delegated authority such as your State, any enclosed vessel in which both the comply with the requirements of the local, or tribal agency. If the U.S. EPA sterilization process and the aeration General Provisions (40 CFR part 63, Administrator has delegated authority to process occur within the same vessel, subpart A) shown in the following table.

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TABLE 1.—TO SUBPART WWWWW OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART WWWWW

Applies to Citation Subject subpart Explanation WWWWW

§ 63.1(a)(1)–(4), (a)(6), (a)(10)– Applicability ...... Yes (12), (b)(1). § 63.1(a)(5), (7)–(9) ...... [Reserved] ...... § 63.1(b)(2) ...... [Reserved] ...... § 63.1(c)(1)–(2) ...... Applicability of this part after a relevant stand- Yes States have the option to exclude area sources ard has been set. affected by this rule—Area Source Permit- ting. § 63.1(c)(3)–(4) ...... [Reserved] ...... § 63.1(c)(5) ...... Subject to notification requirements ...... No § 63.1(d) ...... [Reserved] ...... § 63.1(e) ...... Emission limitation by permit ...... Yes § 63.2 ...... Definitions ...... Yes § 63.3 ...... Units and abbreviations ...... Yes § 63.4 ...... Prohibited activities ...... Yes § 63.5 ...... Construction/Reconstruction ...... No § 63.6(a), (b)(1)–(5), b(7) ...... Compliance with standards and maintenance Yes requirements. § 63.6(b)(6) ...... [Reserved] ...... § 63.6(c)(1) ...... Compliance dates for existing sources ...... No Subpart WWWWW requires compliance 1 year after the effective date. § 63.6(c)(2)–(c)(5) ...... Compliance dates for CAA section 112(f) No standards and for area sources that become major. § 63.6(d) ...... [Reserved] ...... § 63.6(e)–(h) ...... Alternative nonopacity emission standard ...... No § 63.6(i)–(j) ...... Compliance extension ...... Yes § 63.7 ...... Performance testing requirements ...... No § 63.8 ...... Monitoring requirements ...... No § 63.9(a) ...... Applicability and initial notifications addressees Yes § 63.9(b) ...... Initial notifications ...... No § 63.9(c) ...... Request for extension of compliance ...... Yes § 63.9(d)–(j) ...... Other notifications ...... No § 63.10(a)(1)–(2) ...... Recordkeeping and reporting requirements, ap- No plicability. § 63.10(a)(3)–(4) ...... General information ...... Yes § 63.10(a)(5)–(7) ...... Recordkeeping and reporting requirements, re- No porting schedules. § 63.10(b)(1) ...... Retention time ...... Yes § 63.10(b)(2)–(f) ...... Recordkeeping and reporting requirements ...... No § 63.11 ...... Control device requirements ...... No § 63.12 ...... State authority and delegations ...... Yes §§ 63.13–63.16 ...... Addresses, Incorporations by Reference, avail- Yes ability of information, performance track pro- visions.

[FR Doc. E6–18644 Filed 11–3–06; 8:45 am] ACTION: Proposed rule; extension of ADDRESSES: Interested parties may BILLING CODE 6560–50–P reply comment period. submit reply comments, identified by WT Docket Nos. 06–169 and 96–86, by SUMMARY: In this document, the any of the following methods: Wireless Telecommunications Bureau • Federal eRulemaking Portal: http:// FEDERAL COMMUNICATIONS (WTB) of the Federal Communications www.regulations.gov. Follow the COMMISSION Commission (Commission) extends the instructions for submitting comments. 47 CFR Part 27 reply comment deadline in response to • Federal Communications the Notice of Proposed Rulemaking Commission’s Web Site: http:// [WT Docket Nos. 06–169, 96–86; DA 06– (NPRM) in WT Docket Nos. 06–169 and www.fcc.gov/cgb/ecfs/. Follow the 2116] 96–86. The deadline to file reply instructions for submitting comments. comments is extended from November • Mail: Appropriate addresses for Upper 700 MHz Guard Band Licenses; 6, 2006 to November 13, 2006. This submitting reply comments may be Development of Operational, Technical action is taken to provide interested found in the SUPPLEMENTARY and Spectrum Requirements for parties sufficient time within which to INFORMATION section of this document. Meeting Federal, State and Local respond meaningfully to the relevant • People with Disabilities: Contact the Public Safety Communications issues raised in the NPRM. Requirements Through the Year 2010 FCC to request reasonable DATES: The agency must receive reply accommodations (accessible format AGENCY: Federal Communications comments on or before November 13, documents, sign language interpreters, Commission. 2006. CART, etc.) by e-mail: [email protected]

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or phone: 202–418–0530 or TTY: 202– ‘‘no less than 30 days’’ to 60 days in • For ECFS filers, if multiple docket 418–0432. which to file comments. or rulemaking numbers appear in the For detailed instructions for submitting 3. Motions for extension of time will caption of this proceeding, filers must reply comments, see the SUPPLEMENTARY not be granted routinely. In addition, transmit one electronic copy of the INFORMATION section of this document. the Commission’s rules require that comments for each docket or motions for extensions of time shall be rulemaking number referenced in the FOR FURTHER INFORMATION CONTACT: Paul filed 7 days before the filing date. In an caption. In completing the transmittal Moon, Wireless Telecommunications emergency situation, the Commission screen, filers should include their full Bureau, at 202–418–1793, or via email may consider a late-filed motion for a name, U.S. Postal Service mailing at [email protected]. brief extension of time related to the address, and the applicable docket or SUPPLEMENTARY INFORMATION: This is a duration of the emergency. Pursuant to rulemaking number. Parties may also summary of the Wireless the Commission’s rules, extension submit an electronic comment by Telecommunications Bureau’s Order requests were due by October 16, 2006, Internet e-mail. To get filing (Order), DA 06–2116, in WT Docket in this matter. The parties, however, did instructions, filers should send an e- Nos. 06–169 and 96–86, released not submit motions for extension of mail to [email protected], and include the October 25, 2006, which extends the time until October 20, 2006, nor did following words in the body of the reply comments filing deadline in the they provide sufficient information message, ‘‘get form.’’ A sample form and 700 MHz Guard Bands proceeding. The upon which the Commission may grant directions will be sent in response. • full text of this document is available for emergency relief. The Commission Paper Filers: Parties who choose to inspection and copying during normal therefore concludes that it is unable to file by paper must file an original and business hours in the FCC Reference extend the comments deadline of four copies of each filing. If more than Center, 445 12th Street, SW., October 23, 2006. one docket or rulemaking number Washington, DC 20554. The complete 4. However, in order to provide all appears in the caption of this text may be purchased from the interested parties with a full and fair proceeding, filers must submit two Commission’s copy contractor, Best opportunity to participate in this additional copies for each additional Copy and Printing, Inc., 445 12th Street, proceeding, the Commission finds that docket or rulemaking number. SW., Room CY–B402, Washington, DC it is in the public interest to extend the Filings can be sent by hand or 20554. The full text may also be reply comment deadline by 7 days until messenger delivery, by commercial downloaded at: http://www.fcc.gov. November 13, 2006. While the overnight courier, or by first-class or Alternative formats are available to Commission finds that it is appropriate overnight U.S. Postal Service mail persons with disabilities by sending an to provide additional time in order to (although the Commission continues to e-mail to [email protected] or by calling build a more thorough and complete experience delays in receiving U.S. the Consumer & Governmental Affairs record, it is also cognizant of the Postal Service mail). All filings must be Bureau at 202–418–0530 (voice), 202– concerns raised by the public safety addressed to the Commission’s 418–0432 (TTY). community that the Commission Secretary, Office of the Secretary, address the issues raised in this Federal Communications Commission. Synopsis of the Order • The Commission’s contractor will proceeding in a prompt and timely receive hand-delivered or messenger- 1. On September 8, 2006, the manner. Accordingly, by extending the delivered paper filings for the Commission released the NPRM in WT reply comments deadline by 7 days, the Commission’s Secretary at 236 Docket Nos. 06–169 and 96–86; FCC 06– Commission strikes a balance between Massachusetts Avenue, NE., Suite 110, 133, published at 71 FR 55149, providing commenters with adequate Washington, DC 20002. The filing hours September 21, 2006, seeking public time in which to respond to the NPRM, at this location are 8 a.m. to 7 p.m. All comment regarding, inter alia, proposals and ensuring that this proceeding is hand deliveries must be held together on possible changes to the Part 27 resolved expeditiously. In this regard, it with rubber bands or fasteners. Any service rules applicable to existing and should be noted that the Commission envelopes must be disposed of before prospective Upper 700 MHz Guard does not anticipate granting further entering the building. Bands licensees as well as on proposals extensions to the reply comments • Commercial overnight mail (other to modify the existing Upper 700 MHz deadline. than U.S. Postal Service Express Mail band plan with respect to the Guard 5. Pursuant to sections 1.415 and and Priority Mail) must be sent to 9300 Bands. Deadlines for the filing of 1.419 of the Commission’s rules, 47 CFR East Hampton Drive, Capitol Heights, comments and reply comments were 1.415, and 1.419, interested parties may MD 20743. established as October 23, 2006, and file reply comments on or before • U.S. Postal Service first-class, November 6, 2006, respectively. November 13, 2006. Comments may be Express, and Priority mail must be 2. On October 20, 2006, the State of filed using: (1) The Commission’s addressed to 445 12th Street, SW., Maryland, Commonwealth of Virginia, Electronic Comment Filing System Washington, DC 20554. Loudoun County, Virginia, and the (ECFS), (2) the Federal Government’s People with Disabilities: To request Region 20 Regional Planning Committee eRulemaking Portal, or (3) by filing materials in accessible formats for each filed a request for extension of time paper copies. See Electronic Filing of people with disabilities (braille, large to submit comments in response to the Documents in Rulemaking Proceedings, print, electronic files, audio format), NPRM. The parties argue that the NPRM 63 FR 24121, May 1, 1998. send an e-mail to [email protected] or call raised complex issues, and assert that • Electronic Filers: Comments may be the Consumer & Governmental Affairs any change to the existing 700 MHz filed electronically using the Internet by Bureau at 202–418–0530 (voice), 202– Public Safety band plan will affect their accessing the ECFS: http://www.fcc.gov/ 418–0432 (tty). plans for public safety communications. cgb/ecfs/ or the Federal eRulemaking The parties state that they require Portal: http://www.regulations.gov. Ordering Clause additional time to more thoroughly Filers should follow the instructions 6. Pursuant to sections 4(i) and 4(j) of analyze the complex issues raised, and provided on the Web site for submitting the Communications Act of 1934, as request extensions of time ranging from comments. amended, 47 U.S.C. 154(i) and 154(j),

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and §§ 0.131, 0.331, and 1.46 of the NPRM, published on September 21, Federal Communications Commission. Commission’s rules, 47 CFR 0.131, 2006, in WT Docket Nos. 06–169 and Catherine W. Seidel, 0.331, and 1.46, the deadline for filing 96–86, is extended to November 13, Acting Chief, Wireless Telecommunications reply comments in response to the 2006. Bureau. [FR Doc. 06–9102 Filed 11–3–06; 8:45 am] BILLING CODE 6712–01–P

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Notices Federal Register Vol. 71, No. 214

Monday, November 6, 2006

This section of the FEDERAL REGISTER D. Report on the 2006 History Teacher DEPARTMENT OF AGRICULTURE contains documents other than rules or of the Year Award. proposed rules that are applicable to the Food Safety and Inspection Service public. Notices of hearings and investigations, V. ACHP Strategic Plan Discussion and committee meetings, agency decisions and Adoption. [Docket No. FSIS–2006–0037] rulings, delegations of authority, filing of VI. Report of the Preservation Initiatives petitions and applications and agency Committee. Codex Alimentarius Commission: statements of organization and functions are Meeting of the Codex Committee on examples of documents appearing in this A. Heritage Tourism Issues. Food Hygiene section. B. Legislation. AGENCY: Office of the Under Secretary VII. Report of the Federal Agency for Food Safety, USDA. Programs Committee. ADVISORY COUNCIL ON HISTORIC ACTION: Notice of public meeting and PRESERVATION A. Monitoring Plan for Department of request for comments. Defense Program Comments. Notice of Meeting B. Guidance for Program Comments. SUMMARY: The Office of the Under C. Agency Program Issues. Secretary for Food Safety, U.S. AGENCY: Advisory Council on Historic Department of Agriculture (USDA), and Preservation. D. New FAP Committee Meeting the Food and Drug Administration ACTION: Notice of meeting. Format. (FDA), U.S. Department of Health and VIII. Report of the Communications, Human Services (HHS), are sponsoring SUMMARY: Notice is hereby given that Education, and Outreach a public meeting on November 9, 2006. the Advisory Council on Historic Committee. The objective of the public meeting is to Preservation (ACHP) will meet on provide information and receive public Thursday, November 9, 2006. The A. Newspapers in Education Update. comments on agenda items and draft meeting will be held in the Athens B. 2007 Preserve America Presidential United States positions that will be Room of Hotel Monaco, 700 F St., NW., Award Initiative. discussed at the Thirty-eighth Session of Washington, DC at 2 p.m. C. Outreach Strategy for Preserve the Codex Committee on Food Hygiene The ACHP was established by the America Communities. National Historic Preservation Act of (CCFH) of the Codex Alimentarius IX. Report of the Native American 1966 (16 U.S.C. 470 et seq.) to advise the Commission (Codex), which will be Advisory Group. President and Congress on national held in Houston, Texas, from December historic preservation policy and to X. Report of the Affordable Housing and 4–9, 2006. The Under Secretary for Food comment upon Federal, federally Historic Preservation Task Force. Safety and FDA recognize the importance of providing interested assisted, and federally licensed XI. Report of the Archeology Task Force. parties the opportunity to obtain undertakings having an effect upon XII. Chairman’s Report. properties listed in or eligible for background information on the 38th inclusion in the National Register of A. ACHP Reauthorization Legislation. Session of CCFH and to address items Historic Places. The ACHP’s members B. ACHP Budget—FY 2007 and FY on the agenda. are the Architect of the Capitol; the 2008. DATES: The public meeting is scheduled Secretaries of the Interior, Agriculture, XIII. Executive Director’s Report. for Thursday, November 9, 2006 from 1 p.m. to 4 p.m. Defense, and Transportation; the XIV. New Business. Administrators of the Environmental ADDRESSES: The public meeting will be Protection Agency and General Services XV. Adjourn. held in the rear of the Cafeteria, South Administration; the Chairman of the Note: The meetings of the ACHP are open Agriculture Building, United States National Trust for Historic Preservation; to the public. If you need special Department of Agriculture, 1400 the President of the National Conference accommodations due to a disability, please Independence Avenue SW., of State Historic Preservation Officers; a contact the Advisory Council on Historic Washington, DC 20250. Documents Preservation, 1100 Pennsylvania Avenue, related to the 38th Session of the CCFH Governor; a Mayor; a Native American; NW., Room 809, Washington, DC, 202–606– and eight non-Federal members 8503, at least seven (7) days prior to the will be accessible via the World Wide appointed by the President. meeting. Web at the following address: http:// The agenda for the meeting includes www.codexalimentarius.net/ the following: FOR FURTHER INFORMATION CONTACT: current.asp. I. Chairman’s Welcome. Additional information concerning the The U.S. Delegate to the CCFH, Dr. II. Swearing-in Ceremony. meeting is available from the Executive Robert Buchanan of FDA, invites U.S. III. ACHP Award for Federal Preserve Director, Advisory Council on Historic interested parties to submit their America Achievement and Preservation, 1100 Pennsylvania comments electronically to the Chairman’s Award Presentation. Avenue, NW., #809, Washington, DC following e-mail address IV. Preserve America Program Status 20004. ([email protected]). Report. Registration: A. Preserve America Summit. Ralston Cox, B. Preserve America Communities Acting Executive Director. There is no need to pre-register for Update. [FR Doc. 06–9077 Filed 11–3–06; 8:45 am] this meeting. To gain admittance to this C. Preserve America Grants. BILLING CODE 4310–KG–M meeting, individuals must present a

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photo ID for identification. When • Management of the Work of the Done at Washington, DC on November 1, arriving for the meeting, please enter the Codex Committee on Food Hygiene. 2006. South Building through the First Wing Each issue listed will be fully F. Edward Scarbrough, entrance on Independence Avenue. described in documents distributed, or U.S. Manager for Codex Alimentarius. FOR FURTHER INFORMATION CONTACT: to be distributed, by the Secretariat prior [FR Doc. E6–18689 Filed 11–3–06; 8:45 am] For Further Information About the to the Meeting. Members of the public BILLING CODE 3410–DM–P 38th Session of the CCFH Contact: may access or request copies of these Rebecca Buckner, Alternate to the U.S. documents (see ADDRESSES). Delegate to the CCFH, FDA, Center for DEPARTMENT OF COMMERCE Food Safety and Applied Nutrition, Public Meeting Harvey W. Wiley Federal Building, 5100 International Trade Administration At the November 9, 2006 public Paint Branch Parkway, College Park, MD meeting, draft U.S. positions on the (A–122–840) 20740–3835, Phone: (301) 436–1486, agenda items will be described, Fax: (301) 436–2668. E-mail: Notice of Preliminary Results of discussed, and attendees will have the [email protected]. Antidumping Duty Administrative opportunity to pose questions and offer For Further Information About the Review and Notice of Initiation of comments. Written comments may be Public Meeting Contact: Amjad Ali, Changed Circumstances Review: offered at the meeting or sent to the U.S. International Issues Analyst, U.S. Codex Carbon and Certain Alloy Steel Wire Delegate for the 38th Session of CCFH, Office, Food Safety and Inspection Rod from Canada Service, Room 4861, South Building, Dr. Robert Buchanan (see ADDRESSES). 1400 Independence Avenue SW., Written comments should state that they AGENCY: Import Administration, Washington, DC 20250, Phone: (202) relate to activities of the 38th Session of International Trade Administration, 205–7760, Fax: (202) 720–3157. the CCFH. Department of Commerce. SUMMARY: The Department of Commerce SUPPLEMENTARY INFORMATION: Additional Public Notification (‘‘the Department’’) is conducting an Background Public awareness of all segments of administrative review of the The Codex Alimentarius (Codex) was rulemaking and policy development is antidumping duty order on carbon and established in 1963 by two United important. Consequently, in an effort to certain alloy steel wire rod from Canada Nations organizations, the Food and ensure that minorities, women, and for the period October 1, 2004, to Agriculture Organization and the World persons with disabilities are aware of September 30, 2005 (‘‘the POR’’). We Health Organization. Through adoption this notice, FSIS will announce it on- preliminarily determine that sales of of food standards, codes of practice, and line through the FSIS Web page located subject merchandise by Ivaco Rolling other guidelines developed by its at http://www.fsis.usda.gov/regulations/ Mills 2004 L.P. and Sivaco Ontario, a committees, and by promoting their 2006_Notices_Index/. FSIS also will division of Sivaco Wire Group 2004 adoption and implementation by make copies of this Federal Register L.P., (the respondents collectively refer governments, Codex seeks to protect the publication available through the FSIS to themselves as ‘‘Ivaco’’) have been health of consumers and ensure that fair Constituent Update, which is used to made below normal value (‘‘NV’’). If practices are used in trade. provide information regarding FSIS these preliminary results are adopted in The Codex Committee on Food policies, procedures, regulations, our final results, we will instruct U.S. Hygiene was established to elaborate Federal Register notices, FSIS public Customs and Border Protection (‘‘CBP’’) codes, standards and related texts for meetings, recalls, and other types of to assess antidumping duties on food hygiene. The Committee is hosted information that could affect or would appropriate entries. Interested parties by the United States. be of interest to constituents and are invited to comment on these stakeholders. The update is preliminary results. We will issue the Issues To Be Discussed at the Public communicated via Listserv, a free final results no later than 120 days from Meeting electronic mail subscription service for the publication of this notice. The following items on the Agenda industry, trade and farm groups, In response to Ivaco’s January 12, for the 38th Session of the Committee consumer interest groups, allied health 2006, response to the Department’s will be discussed during the public professionals, and other individuals original Section A questionnaire, meeting: who have asked to be included. The notifying the Department that the assets • Matters referred to the Committee update is available on the FSIS Web of Ivaco, Inc. and all of its divisions from the other Codex bodies. page. Through the Listserv and Web (e.g., Sivaco Ontario, and Sivaco • Draft Principles and Guidelines for page, FSIS is able to provide Quebec) had been purchased, the the Conduct of Microbiological Risk information to a much broader and more Department is self–initiating a changed Management and its Annexes. diverse audience. In addition, FSIS circumstances review of the • Draft Revision of the Code of offers an e-mail subscription service antidumping duty order on carbon and Hygienic Practice for Egg Products and which provides automatic and certain alloy steel wire rod from Canada. its Annex. customized access to selected food EFFECTIVE DATE: November 6, 2006. • Draft Guidelines on the Application safety news and information. This FOR FURTHER INFORMATION CONTACT: of General Principles of Food Hygiene to service is available at http:// Damian Felton or Brandon Farlander, at the Control of Listeria monocytogenes in www.fsis.usda.gov/news_and_events/ (202) 482–0133 or (202) 482–0182, Ready-to-Eat Foods. email_subscription/. Options range from respectively; AD/CVD Operations, • Proposed Draft Code of Hygienic recalls to export information to Office 1, Import Administration, Practice for Powdered Formulae for regulations, directives and notices. International Trade Administration, Infants and Young Children. Customers can add or delete U.S. Department of Commerce, 14th • Proposed Draft Guidelines for the subscriptions themselves and have the Street & Constitution Avenue, NW, Validation of Food Hygiene Control option to password-protect their Washington, DC 20230. Measures. account. SUPPLEMENTARY INFORMATION:

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Background rod. Grade 1080 tire cord quality rod is perpendicular to the axis of the rod) is On October 29, 2002, the Department defined as: (i) grade 1080 tire cord equal to or greater than three. The size published in the Federal Register an quality wire rod measuring 5.0 mm or of an inclusion for purposes of the 20 antidumping duty order on carbon and more but not more than 6.0 mm in microns and 35 microns limitations is certain alloy steel wire rod (‘‘wire rod’’) cross-sectional diameter; (ii) with an the measurement of the largest from Canada. See Notice of Amended average partial decarburization of no dimension observed on a longitudinal Final Determination of Sales at Less more than 70 microns in depth section measured in a direction Than Fair Value and Antidumping Duty (maximum individual 200 microns); (iii) perpendicular to the axis of the rod. having no non–deformable inclusions This measurement methodology applies Order: Carbon and Certain Alloy Steel greater than 20 microns and no only to inclusions on certain grade 1080 Wire Rod from Canada, 67 FR 65944 deformable inclusions greater than 35 tire cord quality wire rod and certain (October 29, 2002) (‘‘Order’’). On microns; (iv) having a carbon grade 1080 tire bead quality wire rod October 3, 2005, the Department issued segregation per heat average of 3.0 or that are entered, or withdrawn from a notice of opportunity to request an better using European Method NFA 04– warehouse, for consumption on or after administrative review of this order for 114; (v) having a surface quality with no July 24, 2003. the October 1, 2004 through September surface defects of a length greater than The designation of the products as 30, 2005 POR. See Antidumping or 0.15 mm; (vi) capable of being drawn to ‘‘tire cord quality’’ or ‘‘tire bead quality’’ Countervailing Duty Order, Finding, or a diameter of 0.30 mm or less with 3 or indicates the acceptability of the Suspended Investigation; Opportunity fewer breaks per ton, and (vii) product for use in the production of tire to Request Administrative Review, 70 containing by weight the following cord, tire bead, or wire for use in other FR 57558 (October 3, 2005). On October elements in the proportions shown: (1) rubber reinforcement applications such 31, 2005, in accordance with 19 CFR 0.78 percent or more of carbon, (2) less as hose wire. These quality designations 351.213(b), Ivaco requested an than 0.01 percent of aluminum, (3) are presumed to indicate that these administrative review. On December 1, 0.040 percent or less, in the aggregate, products are being used in tire cord, tire 2005, the Department published the of phosphorus and sulfur, (4) 0.006 bead, and other rubber reinforcement notice of initiation of this antidumping percent or less of nitrogen, and (5) not applications, and such merchandise duty administrative review. See more than 0.15 percent, in the aggregate, intended for the tire cord, tire bead, or Initiation of Antidumping and of copper, nickel and chromium. other rubber reinforcement applications Countervailing Duty Administrative Grade 1080 tire bead quality rod is is not included in the scope. However, Reviews and Deferral of Administrative defined as: (i) grade 1080 tire bead should petitioners or other interested Reviews, 70 FR 72107 (December 1, quality wire rod measuring 5.5 mm or parties provide a reasonable basis to 2005). In its January 12, 2006 response more but not more than 7.0 mm in believe or suspect that there exists a to Section A of the Department’s cross-sectional diameter; (ii) with an pattern of importation of such products original questionnaire, Ivaco notified average partial decarburization of no for other than those applications, end– the Department that the assets of Ivaco, more than 70 microns in depth use certification for the importation of Inc. and all of its divisions (e.g., Sivaco (maximum individual 200 microns); (iii) such products may be required. Under Ontario, and Sivaco Quebec) had been having no non–deformable inclusions such circumstances, only the importers purchased on December 1, 2004. We greater than 20 microns and no of record would normally be required to received responses to the remaining deformable inclusions greater than 35 certify the end use of the imported section of our questionnaire on February microns; (iv) having a carbon merchandise. 21, 2006. segregation per heat average of 3.0 or All products meeting the physical Scope of the Order better using European Method NFA 04– description of subject merchandise that 114; (v) having a surface quality with no are not specifically excluded are The merchandise subject to this order surface defects of a length greater than included in this scope. is certain hot–rolled products of carbon 0.2 mm; (vi) capable of being drawn to The products under review are steel and alloy steel, in coils, of a diameter of 0.78 mm or larger with 0.5 currently classifiable under subheadings approximately round cross section, 5.00 or fewer breaks per ton; and (vii) 7213.91.3010, 7213.91.3015, mm or more, but less than 19.00 mm, in containing by weight the following 7213.91.3090, 7213.91.3092, solid cross-sectional diameter. elements in the proportions shown: (1) 7213.91.4510, 7213.91.4590, Specifically excluded are steel 0.78 percent or more of carbon, (2) less 7213.91.6010, 7213.91.6090, products possessing the above–noted than 0.01 percent of soluble aluminum, 7213.99.0031, 7213.99.0038, physical characteristics and meeting the (3) 0.040 percent or less, in the 7213.99.0090, 7227.20.0010, Harmonized Tariff Schedule of the aggregate, of phosphorus and sulfur, (4) 7227.20.0020, 7227.20.0090, United States (‘‘HTSUS’’) definitions for 0.008 percent or less of nitrogen, and (5) 7227.20.0095, 7227.90.6010, (a) stainless steel; (b) tool steel; (c) high either not more than 0.15 percent, in the 7227.90.6051, 7227.90.6053, nickel steel; (d) ball bearing steel; and aggregate, of copper, nickel and 7227.90.6058, 7227.90.6059, and (e) concrete reinforcing bars and rods. chromium (if chromium is not 7227.90.6080 of the HTSUS. Although Also excluded are (f) free machining specified), or not more than 0.10 percent the HTSUS subheadings are provided steel products (i.e., products that in the aggregate of copper and nickel for convenience and customs purposes, contain by weight one or more of the and a chromium content of 0.24 to 0.30 the written description of the scope of following elements: 0.03 percent or percent (if chromium is specified). this order is dispositive. more of lead, 0.05 percent or more of For purposes of grade 1080 tire cord bismuth, 0.08 percent or more of sulfur, quality wire rod and grade 1080 tire Initiation of Changed Circumstances more than 0.04 percent of phosphorus, bead quality wire rod, an inclusion will Review more than 0.05 percent of selenium, or be considered to be deformable if its Pursuant to section 751(b) of the more than 0.01 percent of tellurium). ratio of length (measured along the axis Tariff Act of 1930, as amended (‘‘the Also excluded from the scope are - that is, the direction of rolling - of the Act’’), and 19 CFR 351.216, we will 1080 grade tire cord quality wire rod rod) over thickness (measured on the conduct a changed circumstances and 1080 grade tire bead quality wire same inclusion in a direction review upon receipt of information

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concerning, or a request from an antidumping duty changed For EP sales, we made additions to interested party for a review of, an circumstances review, in accordance the starting price (gross unit price), antidumping duty finding or order with 19 CFR 351.221(b)(4) and where appropriate, for freight revenue which shows changed circumstances 351.221(c)(3)(i), which will set forth the (reimbursement for freight charges paid sufficient to warrant a review of the factual and legal conclusions upon by Ivaco) and for billing errors (debit– order. The information submitted by which our preliminary results are based note price adjustments made by Ivaco), Ivaco stating the change in ownership and a description of any action and deductions, where appropriate, for and change in the respondent entities’ proposed based on those results. As per billing adjustments (including credit– legal names demonstrates changed section 351.221(b)(4), interested parties note price adjustments made by Ivaco), circumstances sufficient to warrant a will have an opportunity to comment. early payment discounts and rebates, review. See 19 CFR 351.216(d). The Department will issue its final and movement expenses in accordance The respondents named in our results of review no later than 270 days with section 772(c)(2)(A) of the Act. initiation notice were Ivaco Rolling after publication of this notice of Movement expenses included inland Mills L.P. (aka Ivaco Rolling Mills 2004 initiation. All written comments must freight, warehousing expenses, and L.P.), and Sivaco Ontario Processing be submitted to the Department and brokerage fees. (aka Sivaco Ontario, a division of Sivaco served on all interested parties on the For CEP sales, we made the same Wire Group 2004 L.P.).1 In the most Department’s service list in accordance adjustments to the starting price as for recently completed review, the with 19 CFR 351.303. the EP transactions described above. responding entities were Ivaco Rolling During the course of this changed Consistent with our treatment of these Mills L.P. (the producer) and Ivaco Inc., circumstances review, the current expenses in the most recent review, we which through its division Sivaco requirement for a cash deposit of recategorized freight from one Ontario, purchased wire rod from Ivaco estimated antidumping duties on all unaffiliated processor in the United Rolling Mills L.P. and sold wire rod to subject merchandise, including the Sates to another unaffiliated processor unaffiliated customers after further merchandise subject to this changed in the United Sates as further processing. See Notice of Final Results circumstances review, will continue manufacturing costs.3 In addition, in of Antidumping Duty Administrative unless and until it is modified pursuant accordance with section 772(d)(1) of the Review: Carbon and Certain Alloy Steel to the final results of this changed Act, we deducted from the starting price Wire Rod from Canada, 71 FR 3822 circumstances review or other those selling expenses that were (January 24, 2006). administrative review. incurred in selling the subject As noted above in the ‘‘Background’’ merchandise in the United States, section of this notice, Ivaco notified the Export Price and Constructed Export Price including direct selling expenses (e.g., Department that the assets of Ivaco, Inc. credit expenses), imputed inventory For the price to the United States, we and all of its divisions were purchased carrying costs, and further used, as appropriate, export price (‘‘EP’’) on December 1, 2004. Subsequent to the manufacturing. Finally, in accordance or constructed export price (‘‘CEP’’), as purchase, Ivaco Rolling Mills L.P. was with section 772(d)(3) of the Act, we defined in sections 772(a) and 772(b) of renamed and is now known as Ivaco deducted an amount of profit allocated the Act, respectively. Section 772(a) of Rolling Mills 2004 L.P., and Sivaco to the expenses deducted under sections 2 the Act defines EP as the price at which Ontario and Sivaco Quebec were 772(d)(1) and (2) of the Act. See the subject merchandise is first sold reorganized into divisions of Sivaco Memorandum from Damian Felton, before the date of importation by the Wire Group 2004 L.P. Ivaco, Inc. is now International Trade Compliance known as Heico 2004 Member Inc. producer or exporter outside of the Analyst, to Brandon Farlander, Program (‘‘Heico 2004’’). Heico 2004 functions as United States to an unaffiliated Manager, entitled, ‘‘Analysis a headquarters managing the operations purchaser in the United States or to an Memorandum for Ivaco,’’ dated October of Ivaco Rolling Mills 2004 L.P. and unaffiliated purchaser for exportation to 31, 2006 (‘‘Ivaco Analysis Sivaco Wire Group 2004 L.P. Heico the United States, as adjusted under Memorandum’’). 2004, Ivaco Rolling Mills 2004 L.P., and section 772(c) of the Act. Sivaco Wire group 2004 L.P. are Section 772(b) of the Act defines CEP Normal Value commonly owned. as the price at which the subject The Department is self–initiating a merchandise is first sold in the United A. Selection of Comparison Markets changed circumstances review to States before or after the date of Section 773(a)(1) of the Act directs determine whether Ivaco Rolling Mills importation by or for the account of the that NV be based on the price at which 2004 L.P. (referred to as ‘‘IRM’’ producer or exporter of such the foreign like product is sold in the throughout the remainder of this notice) merchandise or by a seller affiliated home market, provided that the and Sivaco Wire Group 2004 L.P., with the producer or exporter, to a merchandise is sold in sufficient including its divisions, Sivaco Ontario purchaser not affiliated with the quantities (or value, if quantity is and Sivaco Quebec, are successors to producer or exporter, as adjusted under inappropriate) and that there is not a Ivaco Rolling Mills L.P. and Ivaco Inc. sections 772(c) and (d) of the Act. particular market situation that prevents We will publish in the Federal Register Ivaco made both EP and CEP a proper comparison with sales to the a notice of preliminary results of transactions. We calculated an EP for United States. The statute contemplates sales where the merchandise was sold that quantities (or value) will normally 1 See Initiation of Antidumping and directly by Ivaco to the first unaffiliated be considered insufficient if they are Countervailing Duty Administrative Reviews and purchaser in the United States prior to less than five percent of the aggregate Deferral of Administrative Reviews, 70 FR 72107 (December 1, 2005). importation, and CEP was not otherwise quantity (or value) of sales of the subject 2 Sivaco Quebec purchases green wire rod from warranted based on the facts on the Ivaco Rolling Mills 2004 L.P. and draws the wire record. We calculated a CEP for sales 3 See Notice of Final Results of Antidumping Duty rod into wire and wire products that are not within made by Ivaco to the U.S. customer from Administrative Review: Carbon and Certain Alloy the scope of this order for sale to customers in Steel Wire Rod from Canada, 71 FR 3822 (January Canada and the United States. See Ivaco’s January unaffiliated processors or distribution 24, 2006); see also Final Results of Stainless Steel 12, 2006, response to Section A of the Department’s warehouses after importation into the Sheet and Strip in Coils from France, 70 FR 7240 questionnaire. United States. (February 11, 2005).

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merchandise to the United States. See of the product were at prices which comparison–market sales, either section 773(a)(1)(C) of the Act. would not permit recovery of all costs because there were no sales of a We found that Ivaco had a viable within a reasonable time period, in comparable product or all sales of the home market for steel wire rod. As such, accordance with section 773(b)(2)(D) of comparison products failed the COP Ivaco submitted home market sales data the Act. We found that Ivaco made sales test, we based NV on CV. for purposes of the calculation of NV. In below cost and we disregarded such Section 773(e)(1) of the Act provides deriving NV, we made adjustments as sales where appropriate. that CV shall be based on the sum of the detailed in the ‘‘Calculation of Normal cost of materials and fabrication for the C. Calculation of Normal Value Based imported merchandise plus amounts for Value Based on Comparison Market on Comparison–Market Prices Prices’’ section below. selling, general, and administrative We determined NV for Ivaco as expenses (‘‘SG&A’’), profit, and U.S. B. Cost of Production Analysis follows. We made adjustments for any packing expenses. We calculated the Because we disregarded below–cost differences in packing and deducted cost of materials and fabrication based sales in the most recently completed home market movement expenses on the methodology described in the segment of the proceeding, we have pursuant to sections 773(a)(6)(A) and COP section of this notice. We based reasonable grounds to believe or suspect 773(a)(6)(B)(ii) of the Act. In addition, SG&A and profit on the actual amounts that home market sales of the foreign we made adjustments for differences in incurred and realized by the respondent like product by the respondents were circumstances of sale (‘‘COS’’) pursuant in connection with the production and made at prices below the cost of to section 773(a)(6)(C)(iii) of the Act. sale of the foreign like product in the production (‘‘COP’’) during the POR.4 Specifically, we made COS ordinary course of trade, for See section 773(b) of the Act. Therefore, adjustments for Ivaco’s EP transactions consumption in the comparison market, we have required Ivaco to file a Section by deducting direct selling expenses in accordance with section 773(e)(2)(A) D response for the Department’s incurred for home market sales (credit of the Act. Questionnaire. expenses and warranty expenses) and We made adjustments to CV for adding U.S. direct selling expenses differences in COS in accordance with 1. Calculation of Cost of Production (credit expenses and warranty section 773(a)(8) of the Act and 19 CFR In accordance with section 773(b)(3) expenses). See section 773(a)(6)(C)(iii) 351.410. For CEP and EP comparisons, of the Act, we calculated the weighted– of the Act. See also 19 CFR 351.410(c). we deducted direct selling expenses average COP, by model, based on the Where we compared Ivaco’s U.S. sales incurred for home market sales (credit sum of materials, fabrication, and to home market sales of merchandise, expenses and warranty expenses). See general and administrative (‘‘G&A’’) we made adjustments, where section 773(a)(6)(C)(iii) of the Act. See expenses. appropriate, for physical differences in also 19 CFR 351.410(c). For EP sales, we the merchandise in accordance with added U.S. direct selling expenses 2. Test of Comparison Market Sales section 773(a)(6)(C)(ii) of the Act. (credit expenses and warranty expenses) Prices to the NV. D. Arm’s–Length Sales We compared the weighted–average The respondent reported sales of the F. Level of Trade/Constructed Export COPs for the respondent to its home Price Offset market sales prices of the foreign like foreign like product to affiliated product, as required under section customers. To test whether these sales In accordance with section 773(b) of the Act, to determine whether to affiliated customers were made at 773(a)(1)(B) of the Act, to the extent these sales had been made at prices arm’s length, where possible, we practicable, we determine NV based on below the COP within an extended compared the prices of sales to affiliated sales in the comparison market made at period of time (i.e., a period of one year) and unaffiliated customers, net of all the same level of trade as the U.S. sales. in substantial quantities and whether movement charges, direct selling If the comparison market sales are at a such prices were sufficient to permit the expenses, and packing. Where the price different level of trade and the recovery of all costs within a reasonable to that affiliated party was, on average, difference affects price comparability, as period of time. On a model–specific within a range of 98 to 102 percent of manifested in a pattern of consistent basis, we compared the COP to the the price of the same or comparable price differences between the sales on home market prices, less any applicable merchandise sold to the unaffiliated which NV is based and comparison– movement charges, discounts, rebates, parties at the same level of trade, we market sales at the level of trade of the and direct and indirect selling expenses. determined that the sales made to the export transaction, we make a level–of- affiliated party were at arm’s length. See trade adjustment in accordance with 3. Results of the COP Test Modification Concerning Affiliated section 773(a)(7)(A) of the Act. We disregard below–cost sales where Party Sales in the Comparison Market, Ivaco reported two channels of (1) 20 percent or more of the 67 FR 69186 (November 15, 2002). distribution in the home market. The respondent’s sales of a given product Ivaco’s sales to affiliated parties that channels of distribution are: (1) direct during the POR were made at prices were determined not to be at arm’s sales by IRM and (2) direct sales by below the COP in accordance with length were disregarded in our Sivaco Ontario. To determine whether sections 773(b)(2)(B) and (C) of the Act, comparison to U.S. sales. the two channels constitute separate and (2) based on comparisons of price levels of trade in the home market, we E. Calculation of Normal Value Based examined the stages in the marketing to weighted–average COPs for the POR, on Constructed Value we determine that the below–cost sales process and selling functions along the Section 773(a)(4) of the Act provides chains of distribution between Ivaco 4 See Notice of Final Results of Antidumping Duty that, where NV cannot be based on and its customers. Based on this Administrative Review: Carbon and Certain Alloy comparison–market sales, NV may be examination, we preliminarily Steel Wire Rod from Canada, 69 FR 68309 based on constructed value (‘‘CV’’). determine that Ivaco sold merchandise (November 24, 2004); see also Notice of Final Results of Antidumping Duty Administrative Accordingly, for those models of steel at two levels of trade in the home Review: Carbon and Certain Alloy Steel Rod from wire rod for which we could not market during the POR. One level of Canada, 71 FR 3822 (January 24, 2006). determine the NV based on trade is for sales made by Ivaco’s steel

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wire rod manufacturing facility, IRM; With regard to sales administration two, also the same level of trade as the second level of trade is for sales services, Sivaco Ontario has a smaller Sivaco Ontario’s home market sales. made by Sivaco Ontario, Ivaco’s average shipment size than IRM, To the extent possible, we have customer service center, which is a steel resulting in a higher proportional sales compared U.S. EP transactions and wire rod processing and drawing administrative service cost than IRM. In home market sales at the same level of facility. Sales by Sivaco Ontario have addition to its short–lead-time delivery trade without making a level–of-trade different, more complex, distribution capabilities, Sivaco Ontario also offers adjustment. When we were unable to patterns, involving substantially greater variable customer service options. These find sales of the foreign like product in selling activities. Therefore, based upon additional factors allow Sivaco Ontario the home market at the same level of our analysis of the marketing process for to establish customer relations with trade as the U.S. sale, we examined these sales, we preliminarily determine companies that require smaller volumes whether a level–of-trade adjustment was that sales by Sivaco Ontario are at a of merchandise, inventory flexibility appropriate. Based on our analysis of more advanced stage than sales by IRM. and have limited end use or processing sales made at the two levels of trade in Ivaco’s selling functions in the home schedules for the purchased product. the home market, we found that there market include inventory maintenance Furthermore, Sivaco Ontario offers the were consistent price differences services, delivery services, handling following services to its customers, between models sold at different levels services, freight services, sales which IRM does not: (1) bid assistance of trade. Therefore, we made a level–of- administration services, bid assistance, to customers, (2) assistance with trade adjustment for EP sales for which technical services, and extension of product specification and material we were not able to find sales of the credit. With regard to inventory processing review, and (3) a wider range foreign like product in the home market maintenance, Sivaco Ontario maintains of technical assistance, including at the same level of trade as the U.S. a significant general inventory, which helping customers solve usage problems sale. results in a significantly longer and choose the best type of rod for their In addition, Ivaco has two CEP inventory turnover rate than that applications and machinery.6 channels of distribution: (1) sales of experienced by IRM. Thereby, Sivaco The above differences between IRM goods manufactured by IRM using Ontario assumes the inventory services and Sivaco Ontario in their marketing unaffiliated U.S. processor and/or that would normally be performed by process and selling functions allow warehoused in inventory locations in the customer. IRM does not provide Ivaco to develop customer relationships the United States and (2) sales of goods these additional services. As stated by on two distinct levels. Based upon these manufactured by IRM through locations the Department in Pipe and Tube from differences, we concluded that two in the United States. For CEP sales, we Turkey, ‘‘inventory maintenance is a levels of trade exist in the home market, examined the relevant selling functions principal selling function’’ and ‘‘the an IRM level of trade (level one) and a after deducting the costs of further additional responsibilities of Sivaco Ontario level of trade (level two). manufacturing and U.S. selling maintaining merchandise in inventory Although IRM and Sivaco Ontario may expenses and associated profit. As a also give rise to related selling functions have certain customers in common, the result, there are virtually no selling 5 that are performed.’’ Department does not find the number of activities associated with Ivaco’s CEP Due to its provision of these inventory common customers to be significant. sales in either channel of distribution. services, Sivaco Ontario ships more In the U.S. market, Ivaco reported two Therefore, we preliminarily find a single often than IRM and also offers its EP channels of distribution. The level of trade with respect to Ivaco’s customers just–in-time (‘‘JIT’’) delivery channels of distribution are: (1) direct CEP sales, and, moreover, that the CEP services. In contrast, IRM produces and sales by IRM to U.S. customers and (2) level of trade is not comparable to either ships rod based on a quarterly rolling direct sales by Sivaco Ontario to U.S. level of trade in the home market. As schedule. In addition, Sivaco Ontario customers. To determine whether the available data do not provide an provides more handling and freight separate levels of trade exist for EP sales appropriate basis for making a level of services than IRM in that it offers to the U.S. market, we examined the trade adjustment, we matched, where smaller, more frequent shipments with selling functions, the chain of possible, to the closest home market more varied freight services. For distribution, and the customer level of trade, level one (direct sales by example, IRM sells rod in either full categories reported in the United States. IRM), and granted a CEP offset pursuant truck load or rail car quantities, while Specifically, we have found that to 773(a)(7)(B) of the Act. This offset is Sivaco Ontario will arrange shipment direct sales by IRM to U.S. customers equal to the amount of indirect expenses for less than truck–load quantities. IRM involve all the same selling functions as incurred in the home market not is able to produce significant quantities IRM’s sales in the home market. Further, exceeding the amount of the deductions of wire rod on a rolling basis that are direct sales by Sivaco Ontario in the made from the U.S. price in accordance demanded by large volume companies, United States include all the same with section 772(d)(1)(D) of the Act. which is reflected in its delivery and selling functions as those found for its Currency Conversion freight services as well as the limited home market sales. Finally, the customer services provided. Sivaco customer categories submitted by Ivaco We made currency conversions into Ontario, however, offers customers wire for IRM and Sivaco Ontario in the U.S. U.S. dollars in accordance with section rod and wire products based on market match the similar customer 773A of the Act, based on exchange inventory already in stock, which categories reported for the home market. rates in effect on the date of the U.S. enables the company to offer a short Based upon this, we preliminarily sale, as certified by the Federal Reserve lead time in providing different determine that EP sales by IRM are Bank. quantities and a variety of processed made at level of trade one, the same as Preliminary Results of Review wire rod products to its customers. IRM’s home market sales. EP sales by As a result of this review, we Sivaco Ontario are made at level of trade 5 See Notice of Final Results and Partial preliminarily determine that the Rescission of Antidumping Duty Administrative following weighted–average margin Review: Certain Welded Carbon Steel Pipe and 6 See Submission from Ivaco to the Department, Tube From Turkey, 63 FR 35190, 35193 (June 29, Re: Section A Response (January 12, 2006) at pages exists for the period October 1, 2004, 1998) (Pipe and Tube from Turkey). A-37 - A-45. through September 30, 2005:

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results of reviews for which the Dated: October 31, 2006. Producer Weighted–Average Margin (Percentage) reviewed companies did not know that David M. Spooner, the merchandise it sold to the Assistant Secretary for Import Ivaco ...... 2.75 intermediary (e.g., a reseller, trading Administration. company, or exporter) was destined for [FR Doc. E6–18664 Filed 11–3–06; 8:45 am] In accordance with 19 CFR 351.224(b), the Department will disclose the United States. In such instances, we BILLING CODE 3510–DS–S calculations performed within 5 days of will instruct CBP to liquidate unreviewed entries at the all–others rate publication of this notice. Interested DEPARTMENT OF COMMERCE parties may submit case briefs and/or if there is no rate for the intermediary involved in the transaction. See written comments no later than 30 days International Trade Administration after the date of publication of these Assessment Policy Notice for a full preliminary results. See 19 CFR discussion of this clarification. A–570–848 351.309(c)(ii). Rebuttal briefs and Cash Deposit Requirements Freshwater Crawfish Tail Meat from the rebuttals to written comments, limited People’s Republic of China: Notice of to issues raised in such briefs or The following deposit rates will be comments, may be filed no later than Amended Final Results and Amended effective upon publication of the final Order Pursuant to Final Court Decision five days after submission of case briefs. results of this administrative review for See 19 CFR 351.309(d). Parties who all shipments of steel wire rod from AGENCY: Import Administration, submit arguments are requested to Canada entered, or withdrawn from International Trade Administration, submit with the argument (1) a warehouse, for consumption on or after Department of Commerce. statement of the issue, (2) a brief the publication date, as provided by SUMMARY: On April 3, 2006, the Court of summary of the argument, and (3) a section 751(a)(1) of the Act: (1) the cash International Trade (‘‘CIT’’) affirmed the table of authorities. Further, the parties deposit rates for Ivaco will be the rates Department’s remand determination and submitting written comments should established in the final results of this entered judgment in Hontex Enterprises provide the Department with an review, except if a rate is less than 0.5 Inc., d/b/a Louisiana Packing Co. v. additional copy of the public version of percent, and therefore de minimis, the United States, Ct. No. 02–00223, Slip any such comments on diskette. An cash deposit will be zero; (2) for Op. 06–42 (Ct. Int’l Trade April 3, 2006) interested party may request a hearing previously reviewed or investigated (‘‘Hontex Judgment’’), which challenged within 30 days of publication of these companies not listed above, the cash certain aspects of the Department of preliminary results. See 19 CFR deposit rate will continue to be the Commerce’s (‘‘the Department’’) 351.310(c). Any hearing, if requested, company–specific rate published for the Freshwater Crawfish Tail Meat from the will be held 44 days after the date of most recent period; (3) if the exporter is People’s Republic of China: Final publication, or the first working day not a firm covered in this review, a prior Results of Administrative Antidumping thereafter. The Department will issue review, or the less–than-fair–value Duty and New Shipper Reviews, and the final results of this administrative (‘‘LTFV’’) investigation, but the Final Rescission of New Shipper Review, review, which will include the results of 65 FR 20948 (April 19, 2000) (‘‘Final its analysis of issues raised in any such manufacturer is, the cash deposit rate will be the rate established for the most Results’’) and accompanying Issues and comments, within 120 days of Decision Memorandum for the publication of these preliminary results. recent period for the manufacturer of the merchandise; and (4) if neither the Administrative Review of the Assessment exporter nor the manufacturer is a firm Antidumping Duty Order on Freshwater Upon completion of this covered in this or any previous review Crawfish Tail Meat from the People’s administrative review, pursuant to 19 conducted by the Department, the cash Republic of China From Edward C. Yang CFR 351.212(b), the Department will deposit rate will be 8.11 percent, the to Joseph A. Spetrini (‘‘Decision calculate an assessment rate on all ‘‘All Others’’ rate established in the Memo’’), dated April 19, 2000. As appropriate entries. We will calculate LTFV investigation. These cash deposit explained below, in accordance with the importer–specific duty assessment rates requirements, when imposed, shall order contained in the CIT’s April 3, on the basis of the ratio of the total remain in effect until publication of the 2006, Hontex Judgment, the Department amount of antidumping duties final results of the next administrative is amending the Final Results to treat calculated for the examined sales to the review. Huaiyin Foreign Trade Corporation (5) (‘‘HFTC5’’) and Ningbo Nanlian Frozen total volume of the examined sales for This notice serves as a preliminary that importer. Where the assessment Foods Company, Ltd. (‘‘Ningbo reminder to importers of their Nanlian’’) as unaffiliated, non–collapsed rate is above de minimis, pursuant to 19 responsibility under 19 CFR 351.402(f) CFR 356.8(a), the Department intends to entities. to file a certificate regarding the EFFECTIVE DATE: November 6, 2006. issue appropriate assessment reimbursement of antidumping duties FOR FURTHER INFORMATION CONTACT: Scot instructions directly to CBP on or after prior to liquidation of the relevant 41 days following the publication of the T. Fullerton or Christopher D. Riker, entities during this review period. final results of review. AD/CVD Operations, Office 9, Import The Department clarified its Failure to comply with this requirement Administration, U.S. Department of ‘‘automatic assessment’’ regulation on could result in the Secretary’s Commerce, 14th Street and Constitution May 6, 2003. See Antidumping and presumption that reimbursement of Avenue, NW., Room 4003, Washington, Countervailing Duty Proceedings: antidumping duties occurred and the DC 20230; telephone: (202) 482–1386 or Assessment of Antidumping Duties, 68 subsequent assessment of double (202) 482–3441, respectively. antidumping duties. FR 23954 (May 6, 2003) (‘‘Assessment SUPPLEMENTARY INFORMATION: Policy Notice’’). This clarification will These preliminary results are issued apply to entries of subject merchandise and published in accordance with Background during the period of review produced by sections 751(a)(1) and 777(i)(1) f the On April 19, 2000, the Department companies included in these final Act. completed its Final Results, in which it

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collapsed Ningbo Nanlian and HFTC5 single antidumping margin, and (4) that DEPARTMENT OF COMMERCE in the 1997–1998 administrative review. Ningbo Nanlian is entitled to a separate See Final Results, and accompanying company–specific antidumping margin. International Trade Administration Decision Memo at Comment 20. On On April 3, 2006, the CIT sustained A–588–837 February 13, 2003, and on May 21, the final remand determination made by 2004, the CIT issued orders remanding the Department. See Hontex Judgment. Large Newspaper Printing Presses and the case to the Department and ordering The Department filed its appeal with the Components Thereof, Whether the Department to further explain why Assembled or Unassembled, from United States Court of Appeals for the its findings warranted the collapsing of Japan: Preliminary Results of Federal Circuit (‘‘CAFC’’) on May 31, HFTC5 and Ningbo Nanlian. See Hontex Reconsideration of Sunset Review Enterprises, Inc., d/b/a/ Louisiana 2006. The CAFC granted the Packing Co. v. United States, 248 F. Department’s motion to dismiss the AGENCY: Import Administration, Supp. 2d 1323 (CIT 2003), and Hontex appeal and dismissed the case on International Trade Administration, Enterprises Inc. d/b/a Louisiana Packing September 21, 2006. Department of Commerce. Company v. United States of America, SUMMARY: On April 13, 2006, the Amendment to the Final Determination 342 F. Supp. 2d 1225 (CIT 2004). The Department of Commerce (‘‘the Department submitted its remand Because there is now a final and Department’’) published the notice of redeterminations on August 12, 2003, conclusive court decision, effective as of initiation of the reconsideration of the and October 18, 2004 (‘‘Remand Results the publication date of this notice, we sunset review of the antidumping duty II’’), respectively. are amending the 97/98 Final Results order on large newspaper printing On August 31, 2005, the CIT issued its and revising the weighted–average presses and components thereof, ruling on the Department’s Remand whether assembled or unassembled Results II, again remanding the case to dumping margins for both companies, for purposes of the 97/98 period of (LNPP), from Japan. On the basis of the the Department. See Hontex Enterprises, notice of intent to participate, as well as review: Inc., d/b/a/ Louisiana Packing Co., v. adequate substantive responses and United States, Slip Op. 05–116, Court Weighted–Average rebuttal comments filed on behalf of the No. 00–00223 (Ct. Int’l Trade August 31, Manufacturer/Exporter Margin (Percent) domestic and respondent interested 2005). Specifically, the CIT remanded parties, the Department is conducting a the case for the Department to: (1) (a) Ningbo Nanlian Frozen full sunset review of the antidumping find that Mr. Edward Lee, the owner of Foods Company, Ltd. 2.16 duty order, following the requirements Louisiana Packing Co. (Louisiana Huaiyin Foreign Trade of section 751(c) of the Tariff Act of Packing), an importer of crawfish tail Corporation (5) ...... 201.63 1930, as amended (‘‘the Act’’) and 19 meat from the People’s Republic of CFR 351.218(e)(2)(i). As a result of this China (PRC) and one of the joint venture We have calculated Ningbo Nanlian’s reconsideration of the sunset review, the owners of Ningbo Nanlian Frozen Foods company–specific antidumping margin Department preliminarily finds that Company, Ltd. (Ningbo Nanlian), did as 2.16 percent. See the Memorandum revocation of the order on LNPP from not control another respondent, Huaiyin to the File from Maureen A. Flannery, Japan after the original sunset review Foreign Trade Corporation (5) (HFTC5), period of 1996–2001 would have likely within the meaning of 19 U.S.C. ‘‘Analysis for the Draft Results of Determination Pursuant to Court led to the continuation or recurrence of § 1677(33)(F) and (G), and (b) find that dumping at the levels listed below in HFTC5 and Ningbo Nanlian were not Remand for Freshwater Crawfish Tail Meat from the People’s Republic of the section entitled ‘‘Preliminary affiliated, and (c) find that HFTC5 and Results of Review.’’ Ningbo Nanlian should not be collapsed China: Ningbo Nanlian Frozen Foods EFFECTIVE DATE: November 6, 2006. and given a single antidumping margin, Co., Ltd.,’’ dated November 22, 2005. and (d) find that Ningbo Nanlian is There have been no changes to this FOR FURTHER INFORMATION CONTACT: entitled to a separate company–specific analysis for these amended final results. David Goldberger, Kate Johnson, or antidumping margin and calculate that Additionally, we are determining Brandon Farlander, AD/CVD margin using the verified information HFTC5’s margin based on its own Operations, Import Administration, on the record; or (2) (a) reopen the performance in the administrative International Trade Administration, th record in order to gather additional review. Therefore, HFTC5’s U.S. Department of Commerce, 14 evidence of Mr. Lee’s control antidumping duty margin will remain Street & Constitution Avenue, NW, Washington, DC, 20230; telephone: 202– relationship with HFTC5 during the 201.63 percent. The Department will 482–4136, 202–482–4929, or 202–482– period of review, (b) place such issue appropriate assessment 0182, respectively. additional information on the record, instructions directly to U.S. Customs and (c) conduct an analysis that takes and Border Protection within 15 days of SUPPLEMENTARY INFORMATION: into account any such new evidence, publication of the final results of this Background including the temporal aspect of any review. such new evidence. See CPA Remand II. On February 25, 2002, the Department The Department submitted the Final This notice is issued and published in revoked the antidumping duty order on Results of Remand to the CIT on accordance with sections 751(a)(1) and LNPP from Japan under a five-year December 9, 2005. In its Final Results of 777(i)(1) of the Tariff Act of 1930, as sunset review pursuant to section Remand, in accordance with the CIT’s amended. 751(c)(3)(A) of the Act, because the only August 31, 2005, order, the Department Dated: October 30, 2006. domestic interested party in the sunset found (1) that Mr. Lee did not control review, Goss Graphics Corporation (now HFTC5 within the meaning of 19 U.S.C. David M. Spooner, known as Goss International § 1677(33)(F) and (G), (2) that HFTC5 Assistant Secretary for Import Corporation (‘‘Goss’’)), withdrew its and Ningbo Nanlian were not affiliated, Administration. participation, and, thus, its interest in (3) that HFTC5 and Ningbo Nanlian [FR Doc. E6–18686 Filed 11–3–06; 8:45 am] the review. See Large Newspaper should not be collapsed and given a BILLING CODE 3510–DS–S Printing Presses and Components

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Thereof, Whether Assembled or Rebuttal comments were filed by Goss, press system components. They are: (1) Unassembled, from Japan (A–588–837) MHI and TKS on May 26, 2006. a printing unit, which is any component and Germany (A–428–821): Notice of On June 8, 2006, the Department that prints in monocolor, spot color Final Results of Five-year Sunset determined that respondent interested and/or process (full) color; (2) a reel Reviews and Revocation of parties accounted for more than 50 tension paster (RTP), which is any Antidumping Duty Orders, 67 FR 8522 percent of exports of the subject component that feeds a roll of paper (February 25, 2002) (‘‘2002 Sunset merchandise and, therefore, submitted more than two newspaper broadsheet Review’’). adequate substantive responses to the pages in width into a subject printing As discussed in Large Newspaper Department’s Notice of Initiation. See unit; (3) a folder, which is a module or Printing Presses and Components Memorandum to Irene Darzenta combination of modules capable of Thereof, Whether Assembled or Tzafolias, Acting Director, AD/CVD cutting, folding, and/or delivering the Unassembled, from Japan: Final Results Operations, Office 2; Re: Adequacy paper from a roll or rolls of newspaper of Changed Circumstances Review (71 Determination in the Reconsideration of broadsheet paper more than two pages FR 11590 (March 8, 2006)) (‘‘CCR Final Sunset Review on Large Newspaper in width into a newspaper format; (4) Results’’), the Department noted that the Printing Presses and Components conveyance and access apparatus results of the 2002 Sunset Review are Thereof, Whether Assembled or capable of manipulating a roll of paper unreliable because the misconduct of Unassembled, from Japan. In accordance more than two newspaper broadsheet Tokyo Kikai Seisakusho, Ltd. and TKS with 19 CFR 351.218(e)(2)(i), the pages across through the production (U.S.A.), Inc. (‘‘TKS’’) during the 1997– Department determined to conduct a process and which provides structural 1998 administrative review of the LNPP full sunset review of this antidumping support and access; and (5) a antidumping duty order, which duty order.1 computerized control system, which is ultimately led to its company–specific On June 28, 2006, MHI requested that any computer equipment and/or revocation from the underlying order, the Department reconsider its adequacy software designed specifically to substantially tainted the integrity of the determination issued on June 8, 2006, control, monitor, adjust, and coordinate proceeding, and may have significantly because it claimed that Goss was not a the functions and operations of large undermined the integrity of the sunset domestic interested party. On July 18, newspaper printing presses or press review results, including the parties’ 2006, the Department requested components. decisions whether or not to participate additional information from Goss with A press addition is comprised of a in the sunset review. TKS’ misconduct respect to its status as a domestic union of one or more of the press before the Department was the subject of producer during the POR and components defined above and the a federal district court decision and was subsequently through November 30, equipment necessary to integrate such confirmed by the 8th Circuit Court of 2001, which includes the period during components into an existing press Appeals. See id. As a result, the which the original sunset review would system. Because of their size, large newspaper Department rescinded TKS’ company– have been conducted. Goss responded printing press systems, press additions, specific revocation and stated its intent to the Department’s request on August and press components are typically to reconsider the 2002 Sunset Review, 1, 2006. MHI and TKS submitted comments on Goss’ submission on shipped either partially assembled or which revoked the order in its entirety. unassembled, complete or incomplete, On April 13, 2006, the Department August 31, 2006. Goss responded to those comments on October 2, 2006, and and are assembled and/or completed published its notice of initiation of the prior to and/or during the installation reconsideration of the sunset review of MHI submitted additional comments on October 6, 2006. process in the United States. Any of the the antidumping duty order on LNPP five components, or collection of from Japan, in accordance with section Scope of the Order components, the use of which is to 751(c) of the Act. See Large Newspaper The products covered by the scope of fulfill a contract for large newspaper Printing Presses and Components printing press systems, press additions, Thereof, Whether Assembled or the order are large newspaper printing presses, including press systems, press or press components, regardless of Unassembled, From Japan: degree of assembly and/or degree of Reconsideration of Sunset Review, 71 additions and press components, whether assembled or unassembled, combination with non–subject elements FR 19164 (April 13, 2006) (‘‘Notice of before or after importation, is included Initiation’’). whether complete or incomplete, that are capable of printing or otherwise in the scope of the order. Also included The Department received a Notice of in the scope are elements of a LNPP Intent to Participate from the domestic manipulating a roll of paper more than two pages across. A page is defined as system, addition or component, which interested party, Goss, within the taken altogether, constitute at least 50 deadline specified in 19 CFR a newspaper broadsheet page in which the lines of type are printed percent of the cost of manufacture of 351.218(d)(1)(i). Goss claimed interested any of the five major LNPP components party status under section 771(9)(C) of perpendicular to the running of the direction of the paper or a newspaper of which they are a part. the Act, as a producer of the domestic For purposes of the scope, the tabloid page with lines of type parallel like product. following definitions apply irrespective to the running of the direction of the The Department received a complete of any different definition that may be paper. substantive response to the Notice of found in customs rulings, U.S. Customs In addition to press systems, the Initiation from Goss within the 30-day law or the Harmonized Tariff Schedule scope of the order includes the five deadline specified in the Department’s of the United States (HTSUS): (1) the regulations under 19 CFR 1 The 2002 Sunset Review was conducted on an term ‘‘unassembled’’ means fully or 351.218(d)(3)(i). The Department expedited basis because only the domestic partially unassembled or disassembled; received complete substantive responses interested party, Goss, submitted a response. and (2) the term ‘‘incomplete’’ means from respondent interested parties, Nevertheless, in reconsidering the 2002 Sunset lacking one or more elements with Review, the Department has determined that it is Mitsubishi Heavy Industries, Ltd. appropriate to conduct a new review applying the which the LNPP is intended to be (‘‘MHI’’), and TKS within the deadline standard sunset review procedures and allowing all equipped in order to fulfill a contract for specified in 19 CFR 351.218(d)(3)(i). interested parties an opportunity to comment. a LNPP system, addition or component.

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This scope does not cover spare or steel with nickel plating and with States under subheadings 8443.11.10, replacement parts. Spare or replacement bearers at both ends which are 8443.11.50, 8443.30.00, 8443.59.50, parts imported pursuant to a LNPP configured in–line with bearers of 8443.60.00, and 8443.90.50 of the contract, which are not integral to the other cylinders. HTSUS. Large newspaper printing original start–up and operation of the • Keyless inking system which presses may also enter under HTSUS LNPP, and are separately identified and consists of a passive feed ink subheadings 8443.21.00 and 8443.40.00. valued in a LNPP contract, whether or delivery system, an eight roller ink Large newspaper printing press not shipped in combination with train, and a non–anilox and non– computerized control systems may enter covered merchandise, are excluded from porous metering roller. under HTSUS subheadings 8471.49.10, • the scope of the order. Used presses are The dampener system which 8471.49.21, 8471.49.26, 8471.50.40, also not subject to this scope. Used consists of a two nozzle per page 8471.50.80, and 8537.10.90. Although presses are those that have been spraybar and two roller dampener the HTSUS subheadings are provided previously sold in an arm’s–length with one chrome drum and one for convenience and customs purposes, form roller. transaction to a purchaser that used • our written description of the scope of them to produce newspapers in the The equipment contained in the the order is dispositive. ordinary course of business. color keyless ink delivery system is Analysis of Comments Received Also excluded from the scope, in designed to achieve a constant, accordance with the Department’s uniform feed of ink film across the All issues raised for the preliminary determination in a previous changed cylinder without ink keys. This results of this reconsideration of the circumstances review of the system requires use of keyless ink sunset review are addressed in the which accepts greater water antidumping duty order which resulted ‘‘Issues and Decision Memorandum for content. in the partial revocation of the order the Reconsideration of Sunset Review of 2. Folder: A module which is a double with respect to certain merchandise, are 3:2 rotary folder with 160 pages the Antidumping Duty Order on Large elements and components of LNPP collect capability and double (over Newspaper Printing Presses and systems, and additions thereto, which and under) delivery, with a cut–off Components Thereof, Whether feature a 22–inch cut–off, 50–inch web length of 22 inches. The upper Assembled or Unassembled, from Japan: width and a rated speed no greater than section consists of three–high Preliminary Results,’’ to David M. 75,000 copies per hour. See Large double formers (total of 6) with six Spooner, Assistant Secretary for Import Newspaper Printing Presses sets of nipping rollers. Administration, (‘‘Decision Memo’’), Components Thereof, Whether 3. RTP: A component which is of the which is hereby adopted by this notice. Assembled or Unassembled, from Japan: two–arm design with core drives The issues discussed in the Decision Final Results of Changed Circumstances and core brakes, designed for 50 Memo include the likelihood of Antidumping Duty Administrative inch diameter rolls; and arranged in continuation or recurrence of dumping Review and Intent to Revoke the press line in the back–to-back and the magnitude of the margin likely Antidumping Duty Order, In Part, 64 FR configuration (left and right hand to have prevailed if the antidumping 72315 (December 27, 1999). In addition load pairs). duty order had not been revoked. Parties to the specifications set out in this 4. Conveyance and Access Apparatus: can find a discussion of the issues paragraph, all of which must be met in Conveyance and access apparatus raised in this reconsideration of the order for the product to be excluded capable of manipulating a roll of sunset review and the corresponding from the scope of the order, the product paper more than two newspaper recommendations for these preliminary must also meet all of the specifications broadsheets across through the results in this public memo, which is on detailed in the five numbered sections production process, and a drive file in room B–099 of the main following this paragraph. If one or more system which is of conventional Department Building. In addition, a of these criteria is not fulfilled, the shafted design. complete version of the Decision Memo product is not excluded from the scope 5. Computerized Control System: A can be accessed directly on the Web at of the order. computerized control system, http://ia.ita.doc.gov/frn. The paper copy 1. Printing Unit: A printing unit which is any computer equipment and electronic version of the Decision which is a color keyless blanket–to- and/or software designed Memo are identical in content. blanket tower unit with a fixed gain specifically to control, monitor, Preliminary Results of Review infeed and fixed gain outfeed, with adjust, and coordinate the functions a rated speed no greater than 75,000 and operations of large newspaper The Department preliminarily copies per hour, which includes the printing presses or press determines that, for purposes of this following features: components. reconsideration of the sunset review, • Each tower consisting of four levels, Further, the scope covers all current had the antidumping duty order not one or more of which must be and future printing technologies capable been revoked in the 2002 Sunset populated. of printing newspapers, including, but Review, revocation of the antidumping • Plate cylinders which contain slot not limited to, lithographic (offset or duty order on LNPP from Japan would lock–ups and blanket cylinders direct), flexographic, and letterpress have likely led to continuation or which contain reel rod lock–ups systems. The products covered by the recurrence of dumping at the following both of which are of solid carbon scope are imported into the United weighted–average margins:

Manufacturers/Producers/Exporters Weighted–Average Margin (Percent)

Mitsubishi Heavy Industries, Ltd...... 59.67 Tokyo Kikai Seisakusho, Ltd...... 51.97 All Others ...... 55.05

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Any interested party may request a Commerce, 14th Street and Constitution which a review had been requested.3 hearing within 30 days of publication of Avenue, NW., Washington, DC 20230; This questionnaire requested the this notice in accordance with 19 CFR telephone (202) 482–1766 and (202) quantity and value for the identified 351.310(c). Interested parties may 482–1280, respectively. companies that produced and/or submit case briefs no later than 30 days SUPPLEMENTARY INFORMATION: exported certain preserved mushrooms after the date of publication of this from the PRC.4 notice, in accordance with 19 CFR Background After the notice of initiation, the 351.309(c)(1)(i). Rebuttal briefs, which On February 19, 1999, the Department Department again requested Q&V must be limited to issues raised in the published in the Federal Register an information and provided additional case briefs, may be filed no later than 5 amended final determination and opportunity for all companies covered days after the case briefs, in accordance antidumping duty order on certain by the review to respond to this request. with 19 CFR 351.309(d)(1). Any hearing, preserved mushrooms from the PRC (64 In response, four companies responded if requested, will be held two days after FR 8308). that they exported subject merchandise rebuttal briefs are due, in accordance On February 1, 2006, the Department to the United States during the POR: (1) with 19 CFR 351.310(d)(1). The published in the Federal Register a COFCO; (2) Guangxi Hengxian; (3) Department will issue a notice of final notice of ‘‘Opportunity to Request Primera Harvest; and (4) Guangxi results of this reconsideration of the Administrative Review’’ of the Eastwing. The following five companies sunset review, which will include the antidumping duty order on certain filed no-shipment claims: (1) Blue Field; results of its analysis of issues raised in preserved mushrooms from the People’s (2) Gerber; (3) Jiufa; (4) Raoping CXF; 5 any such briefs, no later than March 9, Republic of China (‘‘PRC’’) covering the and (5) Raoping Yucun. The two 2007. period February 1, 2005, through remaining companies, Green Fresh and This reconsideration of sunset review January 31, 2006. See Antidumping or Guangxi Yulin, either did not submit a and notice are in accordance with Countervailing Duty Order, Finding, or properly filed Q&V response or did not sections 751(c), 752, and 777(i)(1) of the Suspended Investigation; Opportunity respond.6 Act. to Request Administrative Review, 71 Because it was not practicable for the Department to individually examine all Dated: October 30, 2006. FR 5239 (February 1, 2006). of the companies covered by the review, David M. Spooner, On February 28, 2006, in accordance with 19 CFR 351.213(b), the petitioner 1 the Department limited its examination Assistant Secretary for Import for these preliminary results to the Administration. requested a review of 13 companies (including Guangxi Eastwing and largest producers/exporters that could [FR Doc. E6–18670 Filed 11–3–06; 8:45 am] Primera Harvest which submitted their reasonably be examined, accounting for BILLING CODE 3510–DS–S own requests for review).2 In addition, the greatest possible export volume, Raoping CXF Foods (‘‘Raoping CXF’’) (i.e., Guangxi Eastwing’s supplier) 3 In two prior administrative reviews of this DEPARTMENT OF COMMERCE antidumping duty order, the Department collapsed requested its own review. COFCO with COFCO Zhangzhou, Xiamen Jiahua, International Trade Administration On April 5, 2006, the Department Fujian Zishan Group, Co., Ltd. (‘‘Fujian Zishan’’), published in the Federal Register a and Fujian Yu Xing Fruits & Vegetable Foodstuff [A–570–851] notice of initiation of this administrative Co., Ltd. (‘‘Yu Xing’’). See Certain Preserved Mushrooms from the People’s Republic of China: Certain Preserved Mushrooms From review covering the companies listed in Final Results of Sixth Antidumping Duty New the People’s Republic of China; the requests received from the interested Shipper Review and Final Results and Partial Preliminary Results of Antidumping parties. See Notice of Initiation of Rescission of the Fourth Antidumping Duty Antidumping and Countervailing Duty Administrative Review, 69 FR 54635, 54637 Duty Administrative Review (September 9, 2004) and accompanying Issues and Administrative Reviews and Deferral of Decision Memorandum at Comment 1 (‘‘PRC AGENCY: Import Administration, Administrative Reviews, 71 FR 17077 Mushrooms 4th AR’’); and Certain Preserved International Trade Administration, (April 5, 2006) (‘‘Initiation Notice’’). Mushrooms from the People’s Republic of China: Department of Commerce. Prior to the notice of initiation, the Preliminary Results and Partial Rescission of Fifth Antidumping Duty Administrative Review, 70 FR SUMMARY Department issued quantity and value : The Department of Commerce 10965, 10971 (March 7, 2005) as affirmed in Certain (‘‘the Department’’) has preliminarily (‘‘Q&V’’) questionnaires to the firms for Preserved Mushrooms from the People’s Republic of determined that sales by the China: Final Results and Final Rescission, in Part, respondents in this review, covering the 1 The petitioner is the Coalition for Fair Preserved of Antidumping Duty Administrative Review, 70 FR period February 1, 2005, through Mushroom Trade which includes the following 54361 (September 14, 2005) (‘‘PRC Mushrooms 5th domestic companies: L.K. Bowman, Inc., Monterey AR’’). During the POR, COFCO was the only one of January 31, 2006, have been made at Mushrooms, Inc., Mushroom Canning Company, the COFCO affiliated companies to export subject prices less than normal value (‘‘NV’’). If and Sunny Dell Foods, Inc. merchandise to the United States. these preliminary results are adopted in 2 These companies are: (1) Blue Field (Sichuan) 4 The Department inadvertently did not issue a the final results of this review, we will Food Industrial Co., Ltd. (‘‘Blue Field’’); Q&V questionnaire to Raoping CXF prior to initiating this review. instruct U.S. Customs and Border (2) China National Cereals, Oils & Foodstuffs Import & Export Corporation (‘‘China National’’); (3) 5 Raoping CXF subsequently withdrew its review Protection (‘‘CBP’’) to assess China Processed Food Import & Export Company request on April 26, 2006. antidumping duties on all appropriate (‘‘COFCO’’); (4) COFCO (Zhangzhou) Food 6 With respect to Green Fresh, we issued the entries. The Department invites Industrial Co., Ltd. (‘‘COFCO Zhangzhou’’); (5) initial Q&V questionnaire on March 9, 2006, and interested parties to comment on these Gerber Food (Yunnan) Co., Ltd. (‘‘Gerber’’); (6) follow-up letters on April 20 and 25, and May 4, Green Fresh Foods (Zhangzhou) Co., Ltd. (‘‘Green 2006, to this company informing it that its Q&V preliminary results. Fresh’’); (7) Guangxi Hengxian Pro-Light Foods, Inc. response was not properly filed in accordance with DATES: Effective Date: September 12, (‘‘Guangxi Hengxian’’); (8) Guangxi Eastwing the Department’s regulations, but Green Fresh failed 2006. Trading Co., Ltd. (‘‘Guangxi Eastwing’’); (9) Guangxi to correct its filing deficiencies (see Memorandum Yulin Oriental Food Co., Ltd. (‘‘Guangxi Yulin’’); to the File dated May 23, 2006, for further FOR FURTHER INFORMATION CONTACT: (10) Primera Harvest (Xiangfan) Co., Ltd. (‘‘Primera discussion on this matter). With respect to Guangxi Brian Smith or Terre Keaton, AD/CVD Harvest’’); (11) Raoping Yucun Canned Foods Yulin, we issued the initial Q&V questionnaire on Factory (‘‘Raoping Yucun’’); (12) Shandong Jiufa March 9, 2006, and re-issued the Q&V questionnaire Operations, Office 2, Import Edible Fungus Co., Ltd. (‘‘Jiufa’’); and (13) Xiamen to it on April 6, and May 5, 2006, but received no Administration, International Trade Jiahua Import & Export Trading Co., Ltd. (‘‘Xiamen response (see Memorandum to the File dated May Administration, U.S. Department of Jiahua’’). 23, 2006, for further discussion on this matter).

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pursuant to section 777A(c)(2)(B) of the Department issued Gerber another letter (‘‘supplemental section A response’’). Tariff Act of 1930, as amended (‘‘the on August 15, 2006, which stated that On August 10, 2006, the Department Act’’). Therefore, the Department the Department intended to resort to issued COFCO a sections C and D selected COFCO and Guangxi Hengxian adverse facts available as a result of supplemental questionnaire and it as the mandatory respondents in this Gerber’s failure to respond to the submitted its response on September 7, review and designated Guangxi Department’s letter of July 31, 2006. 2006. On September 14, 2006, the Eastwing and Primera Harvest as Gerber did not respond to the Department issued COFCO another Section A Respondents. See Department’s August 15 letter (see sections C and D supplemental Memorandum From Irene Darzenta September 6, 2006, Memorandum to the questionnaire and COFCO submitted its Tzafolias, Acting Office Director, to File, entitled Efforts to Provide Gerber response on September 25, 2006. Stephen Claeys, Deputy Assistant Food (Yunnan) Co., Ltd. With the Section A Respondents Secretary, entitled 2005–2006 Department’s July 31, 2006, Antidumping Duty Administrative Supplemental Questionnaire). On June 8, 2006, the Department Review of Certain Preserved Mushrooms On August 17, 2006, in accordance issued the section A questionnaire to from the People’s Republic of China: with section 751(a)(3)(A) of the Act, the Guangxi Eastwing and Primera Harvest. Selection of Respondents, dated June 8, Department rescinded this review with Guangxi Eastwing and Primera Harvest 2006. Accordingly, on June 9, 2006, we respect to Blue Field, Raoping CXF, submitted their section A questionnaire issued the full antidumping duty Raoping Yucun, and Shandong Jiufa responses on June 13, and July 7, 2006, questionnaire to COFCO and Guangxi because these companies did not have respectively. Hengxian and only the section A shipments of subject merchandise to the On July 20 and 24, 2006, the questionnaire to Guangxi Eastwing and United States during the POR, or Department issued Primera Harvest and Guangxi Eastwing a section A Primera Harvest. withdrew their request for a review in a timely manner. See Certain Preserved supplemental questionnaire, On May 10, 2006, the Department respectively. Both companies submitted requested documentation from CBP for Mushrooms from the People’s Republic of China: Notice of Partial Rescission of their supplemental responses on August specific entries of subject merchandise 3, 2006. On August 23, 2006, the from the PRC into the United States Antidumping Duty Administrative Review, 71 FR 48911 (August 22, 2006). Department issued Primera Harvest a during the POR in order to examine second section A supplemental Gerber’s no-shipment claim. On June 16, The Department is conducting this administrative review in accordance questionnaire, to which it responded on 2006, the Department received the September 7, 2006. requested entry documentation from with section 751 of the Act. CBP. As a result of reviewing the CBP Mandatory Respondents Surrogate Country and Factors entry documentation, the Department On June 9, 2006, the Department On May 4, 2006, the Department issued Gerber a letter on June 21, 2006, issued the full antidumping duty identified five countries, including asking questions regarding its claim that India, that are comparable to the PRC in questionnaire to COFCO and Guangxi it made no shipments of subject terms of overall economic development Hengxian. On July 21, 2006, COFCO merchandise to the United States during to use in this review. On July 13, 2006, submitted its section A questionnaire the POR. Specifically, the Department the Department solicited comments on response (‘‘section A response’’). On asked Gerber if it had any affiliates in surrogate country selection from August 2, 2006, COFCO submitted its Hong Kong through which it shipped interested parties. The Department sections C and D questionnaire response subject merchandise to the United received no comments from the (‘‘sections C and D response’’). Guangxi States during the POR. In response to interested parties. See the ‘‘Normal Hengxian did not submit a the Department’s June 21, 2006, letter, Value’’ section below for further detail. questionnaire response.7 The Gerber stated in its July 11, 2006, On September 15, 2006,8 the Department issued Guangxi Hengxian a submission that it had no affiliates in Department received surrogate-value letter on August 7, 2006, which stated Hong Kong through which subject information from COFCO. For a detailed that the Department intends to resort to merchandise was exported to or discussion of the Department’s selection adverse facts available as a result of imported into the United States during of surrogate values and financial ratios, Guangxi Hengxian’s failure to respond the POR. As a result of conducting see ‘‘Factor Valuation’’ section below. to the Department’s June 8, 2006, further independent research on this See also Memorandum from the Team antidumping duty questionnaire. matter, the Department issued Gerber a to the File, Re: 2005–2006 Antidumping Guangxi Hengxian did not respond to second letter on July 31, 2006, which Duty Administrative Review of Certain the Department’s August 7 letter. See contained documentation indicating Preserved Mushrooms from the People’s September 6, 2006, Memorandum to the that Gerber indeed had an undisclosed Republic of China—Factors Valuation File, entitled Efforts to Provide Guangxi affiliate registered in Hong Kong during For the Preliminary Results (‘‘Factor Hengxian Pro-Light Foods, Inc. With the the POR. Combined with the fact that Valuation Memo’’), dated October 31, Department’s June 9, 2006, this same Hong Kong affiliate also made 2006, which is on file in CRU. Antidumping Duty Questionnaire. shipments of subject merchandise to the On August 2, 2006, the Department Scope of the Order United States during the POR, the issued COFCO a section A supplemental Department’s July 31, 2006, letter asked The products covered by this order questionnaire and it submitted its Gerber to explain why it did not are certain preserved mushrooms, response on August 30, 2006 mention this Hong Kong affiliate and whether imported whole, sliced, diced, why it did not disclose that its affiliate or as stems and pieces. The certain 7 The original deadline for the mandatory preserved mushrooms covered under was involved in sales of subject respondents to submit their response to all sections merchandise to the United States during of the Department’s June 8, 2006, antidumping duty this order are the species Agaricus the POR. Gerber did not submit a questionnaire was July 17, 2006. However, the Department subsequently extended the section A 8 September 5, 2006, was the deadline for response to the Department’s July 31, response deadline until July 21, 2006, and the submitting surrogate value information for 2006, letter by the specified deadline sections C and D response deadline until August 2, consideration in the preliminary results as specified (i.e., August 14, 2006). Therefore, the 2006. in the Department’s July 13, 2006, letter.

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bisporus and Agaricus bitorquis. Act, use facts otherwise available in failed to respond to the Department’s ‘‘Certain Preserved Mushrooms’’ refer to reaching the applicable determination. second request for information. Gerber mushrooms that have been prepared or Furthermore, section 776(b) of the Act withheld requested information from preserved by cleaning, blanching, and states that if the Department ‘‘finds that the Department and impeded this sometimes slicing or cutting. These an interested party has failed to proceeding because of its failure to mushrooms are then packed and heated cooperate by not acting to the best of its participate in the instant review. in containers including, but not limited ability to comply with a request for Therefore, the Department has no to, cans or glass jars in a suitable liquid information,’’ the Department, ‘‘in choice but to rely on the facts otherwise medium, including, but not limited to, reaching the applicable determination available in order to determine a margin water, brine, butter or butter sauce. under this title, may use an inference for Green Fresh, Guangxi Hengxian, Certain preserved mushrooms may be that is adverse to the interests of that Guangxi Yulin, and Gerber pursuant to imported whole, sliced, diced, or as party in selecting from among the facts section 776(a)(2) of the Act because they stems and pieces. Included within the otherwise available.’’ See also Statement failed to provide information requested scope of this order are ‘‘brined’’ of Administrative Action (‘‘SAA’’) by the Department. See Stainless Steel mushrooms, which are presalted and accompanying the Uruguay Round Sheet and Strip in Coils From Japan: packed in a heavy salt solution to Agreements Act (‘‘URAA’’), H.R. Rep. Preliminary Results of Antidumping provisionally preserve them for further No. 103–316 at 870 (1994). Duty Administrative Review, 70 FR processing. 18369 (April 11, 2005), (‘‘because this Green Fresh, Guangxi Hengxian, Excluded from the scope of this order company refused to participate in this Guangxi Yulin, and Gerber are the following: (1) All other species administrative review, we find that, of mushroom, including straw (A) Facts Available * * * the use of total facts available is mushrooms; (2) all fresh and chilled appropriate’’); see Notice of Preliminary As stated above, Green Fresh, Guangxi Determination of Sales at Less Than mushrooms, including ‘‘refrigerated’’ or Hengxian, Guangxi Yulin, and Gerber ‘‘quick blanched mushrooms’’; (3) dried Fair Value and Affirmative Preliminary each withheld information requested by Determination of Critical mushrooms; (4) frozen mushrooms; and the Department by not submitting a (5) ‘‘marinated,’’ ‘‘acidified,’’ or Circumstances: Wax and Wax/Resin response to the Department’s Thermal Transfer Ribbons From Japan, ‘‘pickled’’ mushrooms, which are questionnaires. prepared or preserved by means of 68 FR 71072 (December 22, 2003), Green Fresh and Guangxi Yulin failed (‘‘Since UC and DNP withheld vinegar or acetic acid, but may contain to properly respond to the Department’s oil or other additives.9 information requested by the requests for Q&V information. The Department, the Department has no The merchandise subject to this order information requested in the is classifiable under subheadings: choice but to rely on the facts otherwise Department’s Q&V questionnaire was available in order to determine a margin 2003.10.0127, 2003.10.0131, critical and necessary for selecting 2003.10.0137, 2003.10.0143, for these parties’’). Because each of the mandatory respondents in the review. above-mentioned respondents failed to 2003.10.0147, 2003.10.0153 and Specifically, Green Fresh failed to 0711.51.0000 of the Harmonized Tariff respond to the Department’s submit a properly filed Q&V response questionnaires, the Department could Schedule of the United States despite being provided numerous (‘‘HTSUS’’). Although the HTSUS not determine whether Gerber, Green opportunities to do so. Guangxi Yulin Fresh, Guangxi Hengxian, or Guangxi subheadings are provided for did not attempt to file a Q&V response convenience and customs purposes, the Yulin is eligible for a separate rate. at all. Accordingly, we are not granting these written description of the scope of this Guangxi Hengxian did not submit a order is dispositive. companies a separate rate and are response to the Department’s applying the PRC-wide rate to all four Adverse Facts Available antidumping duty questionnaire. companies. Because Guangxi Hengxian was selected Section 776(a)(2) of the Act provides (B) Adverse Inference that, if an interested party: (A) as a mandatory respondent for this Withholds information that has been review, the information requested in the In applying facts otherwise available, requested by the Department; (B) fails to Department’s antidumping duty section 776(b) of the Act states that if an provide such information in a timely questionnaire is critical and necessary interested party has failed to cooperate manner or in the form or manner to calculate Guangxi Hengxian’s margin. by not acting to the best of its ability to As stated above in the ‘‘Background’’ requested, subject to sections 782(c)(1) comply with a request for information section, Gerber did not respond to the and (e) of the Act; (C) significantly from the Department, the Department, Department’s supplemental impedes a proceeding under the in reaching the applicable questionnaire which further attempted antidumping statute; or (D) provides determination under section 776(b) of to examine Gerber’s claim that it made such information but the information the Act, may use an inference that is no shipments of subject merchandise to cannot be verified, the Department adverse to the interests of that party in the United States during the POR. selecting from among the facts shall, subject to subsection 782(d) of the Specifically, based on documentation otherwise available. In the instant 9 On June 19, 2000, the Department affirmed that obtained from CBP, the Department had proceeding, we find it appropriate to ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms reason to believe that Gerber exported apply an adverse inference in selecting containing less than 0.5 percent acetic acid are subject merchandise to the United from among the facts otherwise within the scope of the antidumping duty order. States through one of its affiliates available for Gerber, Green Fresh, See ‘‘Recommendation Memorandum-Final Ruling of Request by Tak Fat, et al. for Exclusion of Certain located in Hong Kong. As a result of this Guangxi Hengxian, and Guangxi Yulin, Marinated, Acidified Mushrooms from the Scope of discovery, the Department provided which are part of the PRC-wide entity. the Antidumping Duty Order on Certain Preserved Gerber with an opportunity to explain By failing to submit a response to the Mushrooms from the People’s Republic of China,’’ whether Gerber used its previously Department’s questionnaires, all four dated June 19, 2000. On February 9, 2005, this decision was upheld by the United States Court of undisclosed Hong Kong-based affiliate above-mentioned companies have failed Appeals for the Federal Circuit. See Tak Fat v. to make sales of subject merchandise to to cooperate to the best of their ability United States, 39C F.3d 1378 (Fed. Cir. 2005). the U.S. market during the POR. Gerber in this proceeding. Accordingly, we find

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that an adverse inference is warranted. proceeding as total AFA when a the reliability of the currently-applied By applying AFA, we ensure that the respondent fails to cooperate to the best PRC-wide rate. companies that fail to cooperate will not of its ability. See Honey from the With respect to the relevance aspect obtain a more favorable result than People’s Republic of China; Final of corroboration, the Department will those companies that complied fully Results and Final Rescission In Part of consider information reasonably at its with the Department’s requests in this Antidumping Duty Administrative disposal to determine whether a margin review. Review, 70 FR 38873 (July 6, 2005). continues to have relevance. Where circumstances indicate that the selected The PRC Entity Specifically, as AFA, we have assigned to the PRC-entity 198.63 percent, which margin is not appropriate as AFA, the As mentioned, four exporters named is the current PRC-wide rate. See the Department will disregard the margin in the notice of initiation did not ‘‘Corroboration’’ section below for a and determine an appropriate margin. respond to the Department’s request for discussion of the probative value of the For example, in Fresh Cut Flowers from information. The PRC-wide rate applies PRC-wide 198.63 percent rate. Mexico: Final Results of Antidumping to all entries of subject merchandise Administrative Review, 61 FR 6812 except for entries from PRC exporters Corroboration of AFA Rate for PRC- (February 22, 1996), the Department that have their own calculated rate. Wide Entity, Including Gerber, Green disregarded the highest margin in that Companies that have not demonstrated Fresh, Guangxi Hengxian and Guangxi case as adverse best information their entitlement to a separate rate are Yulin available (the predecessor to ‘‘facts appropriately considered to be part of Section 776(c) of the Act requires that available’’) because the margin was the PRC-wide entity. Therefore, we the Department corroborate, to the based on another company’s determine it is necessary to review the extent practicable, the information it uncharacteristic business expense PRC-wide entity because these four PRC applies as facts available. To be resulting in an unusually high margin. exporters are subject to the instant considered corroborated, information Similarly, the Department does not proceeding. Pursuant to section must be found to be both reliable and apply a margin that has been 776(a)(1) of the Act, the Department relevant. We are applying as AFA the discredited. See D&L Supply Co. v. determines that it must use facts PRC-wide rate, which is the highest rate United States, 113 F.3d 1220, 1221 (Fed. otherwise available for the PRC-wide from any segment of this administrative Cir. 1997) (the Department will not use entity because necessary information is proceeding, and is the highest rate from a margin that has been judicially not available on the record of this the petition in the less-than-fair-value invalidated). The information used in proceeding due to the failure of the (‘‘LTFV’’) investigation. See Notice of calculating this margin was based on PRC-wide entity, including the four PRC Amendment of Final Determination of sales and production data submitted by exporters mentioned, to provide Sales at Less Than Fair Value and the respondents in the LTFV responses to the Department’s requests Antidumping Duty Order: Certain investigation, together with the most for information in this proceeding. appropriate surrogate value information Preserved Mushrooms from the People’s Because the PRC-wide entity did not available to the Department chosen from Republic of China, 64 FR 8308, 8310 respond to requests for information in submissions by the parties in the LTFV (February 19, 1999). This AFA rate has the form or manner requested, we find investigation, as well as gathered by the not changed since the original LTFV it necessary, under section 776(a)(2) of Department itself. Furthermore, the determination. the Act, to use facts otherwise available calculation of this margin was subject to as the basis for the preliminary results For purposes of corroboration, the comment from interested parties in the of review for the PRC-wide entity. In Department will consider whether the proceeding. Moreover, as there is no addition, pursuant to section 776(b) of AFA rate is both reliable and relevant. information on the record of this review the Act, we find that the PRC-wide The AFA rate we are applying for the that demonstrates that this rate is not entity failed to cooperate by not acting current review was found to be reliable appropriately used as AFA, we to the best of its ability to comply with in reviews subsequent to the LTFV determine that this rate has relevance. a request for information. As noted investigation, including the two most Based on our analysis as described above, the PRC-wide entity failed to recently completed reviews. See Certain above, we find that the margin of 198.63 respond to the Department’s requests for Preserved Mushrooms from the People’s percent is reliable and has relevance. As information, despite repeated requests Republic of China: Partial Rescission the rate is both reliable and relevant, we that it do so. Thus, because the PRC- and Preliminary Results of Sixth determine that it has probative value. wide entity refused to participate fully Administrative Review, 71 FR 11183, Accordingly, we determine that the in this proceeding, we find it 11186 (March 6, 2006) and affirmed in calculated rate of 198.63 percent, which appropriate to use an inference that is Certain Preserved Mushrooms From the is the current PRC-wide rate, is in adverse to the interests of the PRC-wide People’s Republic of China: Final accordance with the requirement of entity in selecting from among the facts Results and Final Partial Rescission of section 776(c) of the Act that secondary otherwise available. By doing so, we Sixth Administrative Review, 71 FR information be corroborated (that it have ensure that the companies that are part 40477, 40478 (July 17, 2006) (‘‘PRC probative value). Consequently, we have of the PRC-wide entity will not obtain Mushrooms 6th AR’’); and PRC assigned this AFA rate to exports of the a more favorable result by failing to Mushrooms 5th AR, 70 FR at 10969 (to subject merchandise from all companies cooperate than had they cooperated corroborate the AFA margin of 198.63 subject to the PRC-wide rate, including fully in this review. An adverse percent, in the 5th review the Gerber, Green Fresh, Guangxi Hengxian, inference may include reliance on Department compared the AFA margin and Guangxi Yulin. information derived from the petition, to calculated margins for certain the final determination in the respondents and found that 198.63 Affiliation—COFCO investigation, any previous review, or percent was within the range of margins To the extent that section 771(33) of any other information placed on the for individual sales of identical and/or the Act does not conflict with the record. See section 776(b) of the Act. It similar products). Furthermore, no Department’s application of separate is the Department’s practice to assign information has been presented in the rates and enforcement of the non-market the highest rate from any segment of the current review that calls into question economy (‘‘NME’’) provision, section

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773(c) of the Act, the Department will restructure manufacturing priorities, facilities is required in order to determine that exporters and/or and (3) there is a significant potential restructure manufacturing priorities. See producers are affiliated if the facts of the for manipulation of price or production. factors of production data submitted by case support such a finding.10 For the We also note that the rationale for each company in COFCO’s section D reasons discussed below, we find that collapsing, to prevent manipulation of response. We find that the third this condition has not prevented us price and/or production (see 19 CFR collapsing criterion is also met with from examining whether certain 351.401(f)), applies to both producers respect to COFCO Zhangzhou and Yu exporters and/or producers are affiliated and exporters, if the facts indicate that Xing because COFCO and China with COFCO in this administrative they are able to manipulate price or National, which wholly owns COFCO, review. production as a result of control over have significant ownership in and In prior administrative reviews the production and sales activities of control over the operations of COFCO involving COFCO, the Department has affiliates whose operations are Zhangzhou and Yu Xing. They also have found COFCO to be affiliated with Yu intertwined. shared management and intertwined Xing as a result of its direct ownership To the extent that this provision does operations. Therefore, we find that there and control in Yu Xing and affiliated not conflict with the Department’s is a significant potential for with Fujian Zishan through its parent application of separate rates and manipulation of price or production company, China National, and Xiamen enforcement of the NME provision, between these two affiliated producers Jiahua. Moreover, the Department has section 773(c) of the Act, the of the subject merchandise. We also also found in prior reviews that COFCO Department will collapse two or more note that during the POR COFCO and is affiliated with another preserved affiliated entities in a case involving a Zhangzhou and Yu Xing were legally mushroom producer, COFCO NME country if the facts of the case merged into a single company. See Zhangzhou. See PRC Mushrooms 5th warrant such treatment. Furthermore, Affiliation/Collapsing Memo for further AR, 70 FR at 10969. we note that the factors listed in 19 CFR discussion. COFCO claims that it is no longer 351.401(f)(2) are not exhaustive, and in In addition, based on the reasons affiliated with Fujian Zishan because the context of a NME investigation or mentioned in the Affiliation/Collapsing Xiamen Jiahua sold all of its ownership administrative review, other factors Memo and the guidance of 19 CFR shares in Fujian Zishan at the beginning unique to the relationship of business 351.401(f), we have preliminarily of this POR (see page A–5 of COFCO’s entities within the NME may lead the collapsed COFCO, China National, section A response). The Department Department to determine that collapsing Xiamen Jiahua and COFCO Zhangzhou/ has examined whether COFCO and the is either warranted or unwarranted, YuXing because there is a significant entities noted above are still affiliated depending on the facts of the case. See potential for manipulation of sales for purposes of determining whether Hontex Enterprises, Inc. v. United decisions between these parties that are they should be collapsed in this review. States, 248 F. Supp. 2d 1323, 1342 (CIT exporters of the subject merchandise or For further discussion on this matter, 2003) (noting that the application of have the ability to export. Xiamen see Memorandum From James P. collapsing in the NME context may Jiahua, a preserved mushroom exporter, Maeder, Jr., Office Director, to Stephen differ from the standard factors listed in is also owned, in part, by China Claeys, Deputy Assistant Secretary, the regulation). National which wholly owns COFCO. entitled Certain Preserved Mushrooms In summary, if there is evidence of Yu Xing, which is treated as a single from the People’s Republic of China: significant potential for manipulation entity with the producer COFCO Whether To Continue To Collapse between or among affiliates which Zhangzhou, also has export rights and COFCO with Some or All of its Affiliated produce and/or export similar or has directly exported since obtaining Companies, dated October 31, 2006 identical merchandise, whether or not those export rights. Consequently, we (‘‘Affiliation/Collapsing Memo’’). all such merchandise is exported to the have considered COFCO and the four Based on our analysis, we United States, the Department may find affiliates mentioned above as a single preliminarily find that during this POR, such evidence sufficient to apply the entity for purposes of determining COFCO, China National, COFCO collapsing criteria in a NME context in whether or not the collapsed entity as a Zhangzhou, Xiamen Jiahua, and Yu order to determine whether all or some whole is entitled to a separate rate. With Xing were affiliated through the of those affiliates should be treated as respect to Fujian Zishan, as mentioned common control of COFCO’s parent one entity (see Certain Hot-Rolled we find this company to be no longer company, pursuant to sections Carbon Steel Flat Products from the affiliated with COFCO and it is, 771(33)(F) and (G) of the Act. However, People’s Republic of China, Preliminary therefore, not part of the collapsed with respect to Fujian Zishan, we find Determination of Sales at Less Than entity.11 that during the POR, Fujian Zishan was Fair Value, 66 FR 22183 (May 3, 2001); This decision is specific to the no longer affiliated with the above- Notice of Final Determination of Sales facts presented in this review and is mentioned companies based on the facts at Less Than Fair Value: Certain Hot- based on several considerations, discussed above. See Affiliation/ Rolled Carbon Steel Flat Products from including the structure of the collapsed Collapsing Memo for further discussion. the People’s Republic of China, 66 FR entity, the level of control between and 49632 (September 28, 2001) (‘‘Certain among affiliates, and the level of Collapsing—COFCO Hot-Rolled Carbon Steel Flat Products’’); participation by each affiliate in the Pursuant to 19 CFR 351.401(f), the and Anshan Iron & Steel Co. v. United proceeding. Given the unique Department will collapse producers and States, Slip. Op. 03–83 at 32–33 (CIT relationships which arise in NMEs treat them as a single entity where (1) 2003) (‘‘Anshan’’)). between individual companies and the those producers are affiliated, (2) the We find that the first and second government, a separate rate will be producers have production facilities for collapsing criteria are met with respect granted to the collapsed entity only if producing similar or identical products to COFCO’s affiliated producers COFCO that would not require substantial Zhangzhou and Yu Xing because these 11 Accordingly, Fujian Zishan is not subject to this review and the Department has not conducted retooling of either facility in order to producers have production facilities for a separate rates analysis on this company. Fujian producing similar or identical products, Zishan, therefore, is not entitled to a separate rate 10 See PRC Mushrooms 5th AR, 70 FR at 10969. such that no retooling at any of the three in this review.

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the facts, taken as a whole, support such assigns separate rates in NME cases only been implemented uniformly among a finding (see ‘‘Separate Rates’’ section if the respondent can demonstrate the different sectors and/or jurisdictions in below for further discussion). absence of both de jure and de facto the PRC. See Silicon Carbide, 56 FR at governmental control over export 22587 (May 2, 1994). Therefore, the Separate-Rates Determination activities. Department has determined that an In proceedings involving NME 1. Absence of De Jure Control analysis of de facto control is critical in countries, the Department begins with a determining whether respondents are, rebuttable presumption that all Evidence supporting, though not in fact, subject to a degree of companies within the country are requiring, a finding of de jure absence governmental control which would subject to governmental control and, of government control over exporter preclude the Department from assigning thus, should be assessed a single activities includes: (1) An absence of separate rates. antidumping duty deposit rate (i.e., a restrictive stipulations associated with The Department typically considers PRC-wide rate). One respondent in this the individual exporter’s business and the following four factors in evaluating review, Primera Harvest, is wholly export licenses; (2) any legislative whether a respondent is subject to de owned by a company located outside enactments decentralizing control of facto governmental control of its export the PRC. Therefore, an additional companies; and (3) any other formal functions: (1) Whether the export prices separate-rates analysis is not necessary measures by the government are set by, or subject to the approval of, to determine whether Primera Harvest’s decentralizing control of companies. a governmental agency; (2) whether the The COFCO collapsed entity and export activities are independent from respondent has the authority to government control. (See e.g., Guangxi Eastwing have placed on the negotiate and sign contracts and other Polyethylene Retail Carrier Bags from administrative record the following agreements; (3) whether the respondent the People’s Republic of China: documents to demonstrate absence of de has autonomy from the government in Preliminary Results of Antidumping jure control: The 1994 ‘‘Foreign Trade making decisions regarding the Duty Administrative Review, 71 FR Law of the People’s Republic of China;’’ selection of management; and (4) 54021 (September 13, 2006), which cites the ‘‘Company Law of the PRC,’’ whether the respondent retains the to Notice of Final Determination of effective as of July 1, 1994; and ‘‘The proceeds of its export sales and makes Sales at Less Than Fair Value: Creatine Enterprise Legal Person Registration independent decisions regarding the Monohydrate from the People’s Administrative Regulations,’’ disposition of profits or financing of Republic of China, 64 FR 71104, 71105 promulgated on June 13, 1988. In other (December 20, 1999) (where the cases involving products from the PRC, losses. See Silicon Carbide, 59 FR at respondent was wholly owned by respondents have submitted the 22586–87 and Furfuryl Alcohol, 60 FR persons located in Hong Kong)). following additional documents to 22545. The other Section A respondent, demonstrate absence of de jure control, The affiliates in COFCO’s collapsed Guangxi Eastwing is a limited liability and the Department has placed these entity (where applicable) and Guangxi company, whereas the mandatory additional documents on the record as Eastwing have asserted the following: respondent, COFCO, is owned by its well: The ‘‘Law of the People’s Republic (1) Each establishes its own export affiliate China National, which is owned of China on Industrial Enterprises prices; (2) each negotiates contracts by ‘‘all of the people.’’ COFCO also Owned by the Whole People,’’ adopted without guidance from any owns, in part, two preserved mushroom on April 13, 1988 (‘‘the Industrial governmental entities or organizations; producers, COFCO Zhangzhou and Yu Enterprises Law’’); and the 1992 (3) each makes its own personnel Xing. As discussed above in the ‘‘Regulations for Transformation of decisions; and (4) each retains the ‘‘Collapsing’’ section of this notice, we Operational Mechanisms of State- proceeds of its export sales, uses profits have preliminarily considered COFCO, Owned Industrial Enterprises’’ according to its business needs, and has China National, Yu Xing, COFCO (‘‘Business Operation Provisions’’). (See the authority to sell its assets and to Zhangzhou, and Xiamen Jiahua a October 31, 2006, memorandum to the obtain loans. Additionally, each collapsed entity. file which places the above-referenced respondent’s questionnaire responses Thus, a separate-rates analysis is laws on the record of this proceeding indicate that each respondent’s pricing necessary to determine whether the segment.) practices during the POR does not export activities of Guangxi Eastwing As in prior cases, we have analyzed suggest coordination among exporters. and COFCO’s collapsed entity are these laws and have found them to As a result, there is a sufficient basis to independent from government control. establish sufficiently an absence of de preliminarily determine that each To establish whether a respondent is jure control of joint ventures and respondent listed above (including the sufficiently independent from companies owned by ‘‘all of the people’’ COFCO collapsed entity as a whole) has governmental control of its export absent proof on the record to the demonstrated a de facto absence of activities so as to be entitled to a contrary. See, e.g., Final Determination government control of its export separate rate, the Department analyzes of Sales at Less than Fair Value: functions and is entitled to a separate each entity exporting the subject Furfuryl Alcohol from the People’s rate. Moreover, with respect to the merchandise under a test arising from Republic of China, 60 FR 22544 (May 8, affiliates included in the COFCO the Final Determination of Sales at Less 1995) (‘‘Furfuryl Alcohol’’), and collapsed entity, we have assigned to all Than Fair Value: Sparklers from the Preliminary Determination of Sales at of them the same antidumping rate in People’s Republic of China, 56 FR 20588 Less Than Fair Value: Certain Partial- these preliminary results for the above- (May 6, 1991) (Sparklers) at Comment 1, Extension Steel Drawer Slides with mentioned reasons. and amplified in the Final Rollers from the People’s Republic of Fair-Value Comparisons Determination of Sales at Less Than China, 60 FR 29571 (June 5, 1995). Fair Value: Silicon Carbide from the To determine whether the People’s Republic of China, 59 FR 2. Absence of De Facto Control respondents’ sales of subject 22585, 22587 (May 2, 1994) (Silicon As stated in previous cases, there is merchandise were made at less than NV, Carbide). In accordance with the some evidence that certain enactments we compared the export price (EP) to separate-rates criteria, the Department of the PRC central government have not NV, as described in the ‘‘Export Price’’

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and ‘‘Normal Value’’ sections of this the Department’s supplemental determined that India is comparable to notice, below. questionnaire, COFCO provided the PRC in terms of per capita gross documentation which sufficiently national product and the national Export Price supported its claim that (1) its U.S. distribution of labor. Furthermore, India In accordance with section 772(a) of customers contracted with PRC glass jar is a significant producer of comparable the Act, the Department calculated EPs and cap producers and that these merchandise. See Memorandum from for sales by COFCO to the United States producers had indeed delivered these Ron Lorentzen, Director, Office of because the subject merchandise was items to Yu Xing in a certain quantity Policy, to Irene Darzenta Tzafolias, sold directly to unaffiliated customers on a certain date, free-of-charge; and (2) Acting Office Director, Office 2, dated in the United States (or to unaffiliated that these free-of-charge glass jars and May 4, 2006, regarding potential resellers outside the United States with caps were used in the required surrogate countries, which is available knowledge that the merchandise was quantities for certain subject in the CRU—Public File. destined for the United States) prior to merchandise sold to its applicable U.S. Section 773(c)(3) of the Act states that importation, and constructed export- customers during the POR. ‘‘the factors of production utilized in price methodology was not otherwise Therefore, for the reasons mentioned producing merchandise include, but are indicated. In accordance with 19 CFR above, the Department has adjusted the not limited to, the quantities of raw 351.401(c), we made deductions from U.S. price of certain preserved materials employed.’’ Therefore, the the net sales price for foreign inland mushroom transactions reported by Department is required under the Act to freight and foreign brokerage and COFCO by assigning Indian surrogate value all inputs (including inputs which handling. Each of these services was values to the glass jar and caps used in the respondent claims were provided to provided by a NME vendor and, thus, as those preserved mushroom transactions it purportedly free of charge). As explained in the ‘‘Normal Value’’ to reflect its U.S. customers’ explained in the ‘‘Export Price’’ section section below, we based the deductions expenditures for these items. This above, COFCO sufficiently supported its for these movement charges on values preliminary decision on this matter is claim that each of its applicable U.S. from a surrogate country. consistent with the Department’s customers provided its affiliated For the reasons stated in the ‘‘Normal decision in PRC Mushrooms 5th AR, 70 supplier, Yu Xing, the glass jars and Value’’ section below, we selected India FR at 10973. caps, which were used for the preserved as the primary surrogate country. To mushrooms sold to those same U.S. Normal Value value brokerage and handling, the customers free-of-charge. For this Department used an average of the For exports from NME countries, reason, we have adjusted, where publicly summarized data from the section 773(c)(1) of the Act provides applicable, COFCO’s reported U.S. following two sources which we have that the Department shall determine NV prices to include the value of glass jars placed on the record of this review: (1) using a factors-of-production (‘‘FOP’’) and caps for certain sales of preserved Data reported in the U.S. sales listing in methodology if the subject merchandise mushrooms in these preliminary results. the February 28, 2005, submission from is exported from an NME country and In addition to making the above- Essar Steel Ltd. (‘‘Essar Steel’’) in the available information does not permit referenced adjustment to COFCO’s U.S. antidumping duty administrative review the calculation of NV using home- prices reported for sales of the subject of Certain Hot-Rolled Carbon Steel Flat market prices, third-country prices, or merchandise which contained glass jars Products from India, A–533–820 constructed value under section 773(a) and caps, section 773(c)(3) of the Act (covering December 2003–November of the Act. Section 351.408 of the requires the Department to value each 2004), and (2) data reported in Pidilite Department’s regulations sets forth the factor of production used to produce the Industries’ March 9, 2004, public methodology the Department uses to subject merchandise. Accordingly, for version response submitted in the calculate the NV of merchandise these preliminary results, the antidumping duty investigation of exported from NME countries. The Department has valued the glass jars Carbazole Violet Pigment 23 from India, Department has treated the PRC as a and caps usage amounts reported by A–533–838 (covering the period NME country in every proceeding COFCO for specific preserved November 2002–September 2003). We involving the PRC. Because none of the mushrooms by using an Indian identify the source used to value foreign parties to this proceeding contested surrogate value for each input (see inland freight in the ‘‘Normal Value’’ such treatment, we calculated NV in Factor Valuation Memo). section of this notice, below. We accordance with sections 773(c)(3) and In accordance with section 773(c)(1) adjusted these values, as appropriate, to (4) of the Act and 19 CFR 351.408(c). of the Act, for purposes of calculating account for inflation or deflation In accordance with section 773(c)(3) NV, we attempted to value the FOPs between the effective period and the of the Act, the FOPs which COFCO’s using surrogate values that were in POR. We calculated the inflation or suppliers used in producing certain effect during the POR. If we were unable deflation adjustments for these values preserved mushrooms include, but are to obtain surrogate values that were in using the wholesale price indices not limited to, the following inputs: (1) effect during the POR, we adjusted the (‘‘WPI’’) for India as published in the Hours of labor required, (2) quantities of values, as appropriate, to account for International Financial Statistics Online raw materials employed, (3) amounts of inflation or deflation between the Service maintained by the Statistics energy and other utilities consumed, effective period and the POR. We Department of the International and (4) representative capital costs, calculated the inflation or deflation Monetary Fund at the Web site http:// including depreciation. In accordance adjustments for all factor values, as www.imfstatistics.org (‘‘IFS’’). with section 773(c)(4) of the Act, the applicable, except labor, using the WPI COFCO claims that its affiliated Department valued the FOPs, to the for the appropriate surrogate country as producer, Yu Xing, did not incur an extent possible, using the costs of the published in the IFS. We valued the expense for the glass jars and caps used FOP in one or more market-economy FOPs as follows: to export subject merchandise to the countries that are at a level of economic (1) Except for rice straw, cow manure, United States during the POR because development comparable to that of the and steam coal, we valued all reported its U.S. customers provided these items PRC and are significant producers of material inputs using Indian import data to Yu Xing free-of-charge. In response to comparable merchandise. We from the World Trade Atlas (‘‘WTA’’)

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for February 2005 through January 2006, regression-based wage rate as reported materials, labor, and energy expenses, in accordance with the Department’s on Import Administration’s home page, SG&A expenses as a percentage of the established practice in this case (see Import Library, Expected Wages of total cost of manufacturing, and profit as e.g., PRC Mushrooms 6th AR, 71 FR at Selected NME Countries, revised in a percentage of the sum of the total cost 40477, and accompanying Issues and November 2005, and posted to Import of manufacturing and SG&A expenses. Decision Memorandum at Comments 1 Administration’s Web site at http:// (7) We used truck rates published at through 6). ia.ita.doc.gov/wages. The source of this http://www.infreight.com to value (2) We valued rice straw using data wage rate data is the Yearbook of Labour from the 2005–2006 financial statement freight services provided to transport (a) Statistics 2003, International Labour the finished product to the port; and (b) of Flex Foods Limited (‘‘Flex Foods’’), Office, (Geneva: 2003), Chapter 5B: direct materials, packing materials, and an Indian producer of the subject Wages in Manufacturing (http:// coal from the suppliers of the inputs to merchandise. laborsta.ilo.org). The years of the the producers. (3) We valued cow manure using data reported wage rates range from 1998 to from the 2004–2005 financial statement 2003. Because this regression-based For further discussion of the surrogate of Agro Dutch Industries Limited (‘‘Agro wage rate does not separate the labor values we used for these preliminary Dutch’’), an Indian producer of the rates into different skill levels or types results of review, see Memorandum subject merchandise. of labor, we have applied the same wage From Terre Keaton Regarding Factors- (4) We valued electricity using rates of-Production Valuation for Preliminary from Energy Prices and Taxes: Second rate to all skill levels and types of labor Results (October 31, 2006), which is on Quarter 2003 (Energy Prices), published reported by the respondent. file in the CRU—Public File. by the International Energy Agency. We (6) We derived ratios for factory valued water using data from the overhead, selling, general and Preliminary Results of Review Maharashtra Industrial Development administrative (‘‘SG&A’’) expenses, and Corporation. We valued steam coal profit using the 2004–2005 and 2005– As a result of our review, we using the Teri Energy Data Directory & 2006 financial statements of Agro Dutch preliminarily determine that the Yearbook (2004). and Flex Foods. From this information, following margins exist for the period (5) We valued labor, consistent with we were able to calculate factory February 1, 2005, through January 31, 19 CFR 351.408(c)(3), using the PRC overhead as a percentage of direct 2006:

Margin Manufacturer/exporter (percent)

China Processed Food Import & Export Company (which includes its affiliates China National Cereals, Oils & Foodstuffs Import & Export Corporation, COFCO (Zhangzhou) Food Industrial Co., Ltd., Xiamen Jiahua Import & Export Trading Co., Ltd., and Fujian Yu Xing Fruit & Vegetable Foodstuff Development Co.)12 ...... 195.85 Primera Harvest Co., Ltd ...... 195.85 Guangxi Eastwing Co., Ltd ...... 195.85 PRC-Wide Rate (which applies to the following companies that failed to qualify for a separate rate in this review: Gerber, Green Fresh, Guangxi Hengxian and Guangxi Yulin) ...... 198.63

As stated above in the ‘‘Separate-Rates to interested parties within five days of 751(a)(3)(A) of the Act, the Department Determination’’ section of this notice, the date of publication of this notice the will issue the final results of this Guangxi Eastwing and Primera Harvest calculations it performed for the administrative review, including the both qualify for a separate rate in this preliminary results. An interested party results of our analysis of the issues review. Moreover, as stated above in the may request a hearing within 30 days of raised by the parties in their comments, ‘‘Background’’ section of this notice, we publication of the preliminary results. within 120 days of publication of the limited this review by selecting the See 19 CFR 351.310(c). Interested preliminary results. largest exporters. As section A parties may submit written comments Assessment Rates respondents, Guangxi Eastwing and (case briefs) within 30 days of Upon completion of this Primera Harvest will be assigned the publication of the preliminary results administrative review, the Department weighted-average dumping margin and rebuttal comments (rebuttal briefs), based on the calculated margins of will determine, and CBP shall assess, which must be limited to issues raised antidumping duties on all appropriate mandatory respondents which are not in the case briefs, within five days after de minimis or based on AFA, in entries. For the COFCO collapsed entity, the time limit for filing case briefs. See we have calculated customer-specific accordance with Department practice. 19 CFR 351.309(c)(1)(ii) and 19 CFR See e.g., Notice of Final Determinations antidumping duty assessment amounts 351.309(d). Parties who submit for subject merchandise based on the of Sales at Less Than Fair Value: Brake arguments are requested to submit with Drums and Brake Rotors from the ratio of the total amount of antidumping the argument: (1) A statement of the duties calculated for the examined sales People’s Republic of China, 62 FR 9160, issue; (2) a brief summary of the 9174 (February 28, 1997). Accordingly, to the total quantity of sales examined. argument; and (3) a table of authorities. We calculated these assessment we have assigned these two respondents Further, the Department requests that the dumping margin assigned to the amounts because there is no information parties submitting written comments COFCO collapsed entity. on the record which identifies entered provide the Department with a diskette In accordance with 19 CFR values or the importers of record for the containing the public version of those 351.224(b), the Department will disclose COFCO collapsed entity’s reported U.S. comments. We will issue a sales transactions. For Guangxi memorandum identifying the date of a 12 For this review, we consider COFCO, COFCO Eastwing and Primera Harvest (i.e., Zhangzhou, Xiamen, Jiahua, and Yu Xing to hearing, if one is requested. Unless the respondents which are being assigned constitute a single entity. deadline is extended pursuant to section the margin calculated for the COFCO

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collapsed entity), we will instruct CBP Dated: October 31, 2006. Fair Value and Antidumping Duty to assess antidumping duties on these David M. Spooner, Administrative Order: Certain Preserved company’s entries equal to the margin Assistant Secretary for Import Mushrooms from India, 64 FR 8311 these companies receive in the final Administration. (February 19, 1999). results, regardless of the importer or [FR Doc. E6–18662 Filed 11–3–06; 8:45 am] In response to timely requests by a customer. BILLING CODE 3510–DS–P manufacturer/exporter, Agro Dutch, and The Department intends to issue the petitioner, the Department assessment instructions to CBP 15 days published a notice of initiation of an after the date of publication of the final DEPARTMENT OF COMMERCE administrative review with respect to results of review. If these preliminary the following companies: Agro Dutch International Trade Administration results are adopted in the final results and Himalya International, Ltd. of review, we will direct CBP to assess [A–533–813] (Himalya), 71 FR 17077 (April 5, 2006). the resulting assessment amounts, The POR is February 1, 2005, through calculated as described above, on each Certain Preserved Mushrooms From January 31, 2006. of the applicable entries during the India: Preliminary Results of On April 5, 2006, the Department review period. Antidumping Duty Administrative issued antidumping duty questionnaires Review to the above-mentioned companies. We Cash Deposit Requirements received responses to these AGENCY: Import Administration, questionnaires in May 2006. The following deposit requirements International Trade Administration, will apply to all shipments of certain Department of Commerce. On July 10, 2006, the petitioner preserved mushrooms from the PRC SUMMARY: In response to timely requests withdrew its request for review with entered, or withdrawn from warehouse, by Agro Dutch Industries, Ltd. (Agro respect to Himalya. Accordingly, we for consumption on or after the Dutch) and the petitioner,1 the published a Notice of Partial Rescission publication date of the final results of Department of Commerce (the of Antidumping Duty Administrative this administrative review, as provided Department) is conducting an Review, 71 FR 42801 (July 28, 2006), by section 751(a)(1) of the Act: (1) The administrative review of the with respect to this company. cash deposit rates for the reviewed antidumping duty order on certain We issued supplemental companies named above will be the preserved mushrooms from India with questionnaires to Agro Dutch in July rates for those firms established in the respect to Agro Dutch. The period of and September 2006, and received final results of this administrative review (POR) is February 1, 2005, responses in July, August and October review; (2) for any previously reviewed through January 31, 2006. 2006. or investigated PRC or non-PRC We preliminarily determine that sales Scope of the Order exporter, not covered in this review, have been made below normal value with a separate rate, the cash deposit (NV). Interested parties are invited to The products covered by this order rate will be the company-specific rate comment on these preliminary results. If are certain preserved mushrooms, established in the most recent segment these preliminary results are adopted in whether imported whole, sliced, diced, of this proceeding; (3) for all other PRC our final results of administrative or as stems and pieces. The preserved exporters, the cash deposit rate will be review, we will instruct U.S. Customs mushrooms covered under this order are the PRC-wide rate established in the and Border Protection (CBP) to assess the species Agaricus bisporus and final results of this review; and (4) the antidumping duties on all appropriate Agaricus bitorquis. ‘‘Preserved cash deposit rate for any non-PRC entries. mushrooms’’ refer to mushrooms that exporter of subject merchandise from have been prepared or preserved by DATES: Effective Date: November 6, cleaning, blanching, and sometimes the PRC will be the rate applicable to 2006. the PRC exporter that supplied that slicing or cutting. These mushrooms are FOR FURTHER INFORMATION CONTACT: exporter. These deposit requirements, then packed and heated in containers Terre Keaton Stefanova or David J. when imposed, shall remain in effect including but not limited to cans or Goldberger AD/CVD Operations, Office until publication of the final results of glass jars in a suitable liquid medium, 2, Import Administration, International the next administrative review. including but not limited to water, Trade Administration, U.S. Department brine, butter or butter sauce. Preserved Notification to Interested Parties of Commerce, 14th Street and mushrooms may be imported whole, Constitution Avenue, NW., Washington, sliced, diced, or as stems and pieces. This notice serves as a preliminary DC 20230; telephone: (202) 482–1280 or Included within the scope of this order reminder to importers of their (202) 482–4136, respectively. are ‘‘brined’’ mushrooms, which are responsibility under 19 CFR SUPPLEMENTARY INFORMATION: presalted and packed in a heavy salt 351.402(f)(2) to file a certificate solution to provisionally preserve them regarding the reimbursement of Background for further processing. antidumping duties prior to liquidation On February 19, 1999, the Department Excluded from the scope of this order of the relevant entries during this published in the Federal Register an are the following: (1) All other species review period. Failure to comply with amended final determination and of mushroom, including straw this requirement could result in the antidumping duty order on certain mushrooms; (2) all fresh and chilled Secretary’s presumption that preserved mushrooms from India. See mushrooms, including ‘‘refrigerated’’ or reimbursement of antidumping duties Notice of Amendment of Final ‘‘quick blanched mushrooms’’; (3) dried occurred and the subsequent assessment Determination of Sales at Less Than mushrooms; (4) frozen mushrooms; and of double antidumping duties. (5) ‘‘marinated,’’ ‘‘acidified’’ or We are issuing and publishing the 1 The petitioner is the Coalition for Fair Preserved ‘‘pickled’’ mushrooms, which are Mushroom Trade which includes the following preliminary results determination in domestic companies: L.K. Bowman, Inc., Monterey prepared or preserved by means of accordance with sections 751(a)(1) and Mushrooms, Inc., Mushroom Canning Company, vinegar or acetic acid, but may contain 777(i)(1) of the Act. and Sunny Dell Foods, Inc. oil or other additives.

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The merchandise subject to this order methodology was not otherwise Substantial differences in selling is currently classifiable under indicated. We based EP on packed activities are a necessary, but not subheadings 2003.10.0127, prices to unaffiliated purchasers in the sufficient, condition for determining 2003.10.0131, 2003.10.0137, United States. that there is a difference in the stages of 2003.10.0143, 2003.10.0147, Agro Dutch reported its U.S. sales on marketing. See Notice of Final 2003.10.0153 and 0711.51.0000 of the a CIF or ex-dock duty paid basis. We Determination of Sales at Less Than Harmonized Tariff Schedule of the made deductions from the starting price, Fair Value: Certain Cut-to-Length United States (HTSUS). Although the where appropriate, for international Carbon Steel Plate From South Africa 62 HTSUS subheadings are provided for freight, foreign inland freight, FR 61731, 61732 (November 19, 1997) convenience and customs purposes, our transportation insurance, foreign and (Plate from South Africa). In order to written description of the scope of this U.S. brokerage and handling, and U.S. determine whether the comparison sales order is dispositive. duty, in accordance with section were at different stages in the marketing 772(c)(2) of the Act and 19 CFR 351.402. Fair Value Comparisons process from the U.S. sales, we Agro Dutch claimed a freight expense reviewed the distribution system in To determine whether sales of certain offset for some of the freight expenses each market (i.e., the ‘‘chain of preserved mushrooms by the associated with its export shipments to distribution’’), including selling respondent to the United States were the United States and Israel, the third- functions, class of customer (‘‘customer made below NV, we compared export country market upon which we based category’’), and the level of selling price (EP), as appropriate, to the NV, as NV. Based on the information submitted expenses for each type of sale. described in the ‘‘Export Price’’ and for the record of this review and Pursuant to section 773(a)(1)(B)(i) of ‘‘Normal Value’’ sections of this notice. consistent with our findings in the the Act, in identifying levels of trade for Pursuant to section 777A(d)(2) of the previous administrative review, we did EP and comparison market sales (i.e., Tariff Act of 1930, as amended (the Act), not make this adjustment because it is NV based on either home market or we compared the EPs of individual U.S. not contemplated by the Act or the third-country prices) 2, we consider the transactions to the weighted-average NV Department’s regulations. See Certain starting prices before any adjustments. of the foreign like product where there Preserved Mushrooms from India: For CEP sales, we consider only the were sales made in the ordinary course Preliminary Results of Antidumping selling activities reflected in the price of trade, as discussed in the ‘‘Cost of Duty Administrative Review, 70 FR after the deduction of expenses and Production Analysis’’ section below. 67440, 67441 (November 7, 2005). These profit under section 772(d) of the Act. Product Comparisons findings were upheld in the final results See Micron Technology, Inc. v. United (see Certain Preserved Mushrooms from States, 243 F. 3d 1301, 1314–15 (Fed. In accordance with section 771(16) of India: Final Results of Antidumping the Act, we considered all products Cir. 2001). Duty Administrative Review, 71 FR When the Department is unable to produced by the respondent covered by 10646 (March 2, 2006)). match U.S. sales to sales of the foreign the description in the ‘‘Scope of the like product in the comparison market Order’’ section, above, to be foreign like Normal Value at the same LOT as EP or CEP, the products for purposes of determining In order to determine whether there Department may compare the U.S. sale appropriate product comparisons to was a sufficient volume of sales in the to sales at a different LOT in the U.S. sales. Pursuant to 19 CFR home market to serve as a viable basis comparison market. In comparing EP or 351.414(e)(2), we compared Agro for calculating NV, we compared Agro CEP sales at a different LOT in the Dutch’s U.S. sales to sales made in the Dutch’s volume of home market sales of comparison market, where available third-country market within the the foreign like product to the volume data make it practicable, and where the contemporaneous window period, of U.S. sales of the subject merchandise, difference affects price comparability, which extends from three months prior in accordance with section 773(a)(1)(C) we make an LOT adjustment under to the U.S. sale until two months after of the Act. section 773(a)(7)(A) of the Act. Finally, the sale. Where there were no sales of We determined that the home market for CEP sales only, if an NV LOT is more identical merchandise in the was not viable for Agro Dutch because remote from the factory than the CEP comparison market made in the Agro Dutch’s aggregate volume of home LOT and there is no basis for ordinary course of trade to compare to market sales of the foreign like product determining whether the difference in U.S. sales, we compared U.S. sales to was less than five percent of its LOTs between NV and CEP affects price sales of the most similar foreign like aggregate volume of U.S. sales of the comparability (i.e., no LOT adjustment product made in the ordinary course of subject merchandise. However, we was practicable), the Department shall trade. In making the product determined that the third-country grant a CEP offset, as provided in comparisons, we matched foreign like market of Israel was viable, in section 773(a)(7)(B) of the Act. See Plate products based on the physical accordance with section 773(a)(1)(B)(ii) from South Africa, 62 FR at 61732–33. characteristics reported by the of the Act. Therefore, pursuant to We obtained information from Agro respondents in the following order: section 773(a)(1)(C) of the Act, we used Dutch regarding the marketing stages preservation method, container type, third-country sales as a basis for NV for involved in sales to the reported mushroom style, weight, container Agro Dutch. comparison market and U.S. sales, solution, and label type. Level of Trade including a description of the selling Export Price Section 773(a)(1)(B)(i) of the Act activities performed for each channel of We used EP methodology, in states that, to the extent practicable, the distribution. Agro Dutch sold to accordance with section 772(a) of the Department will calculate NV based on importers/distributors through one Act, because the subject merchandise sales at the same level of trade (LOT) as channel of distribution in both the U.S. was sold directly by Agro Dutch to the the EP or CEP. Sales are made at 2 Where NV is based on constructed value (CV), first unaffiliated purchaser in the United different LOTs if they are made at we determine the NV LOT based on the LOT of the States prior to importation and different marketing stages (or their sales from which we derive selling expenses and constructed export price (CEP) equivalent). See 19 CFR 351.412(c)(2). profit for CV, where possible.

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and Israeli markets. As described in its Limited.’’ Memorandum from Michael quantities and in the ordinary course of questionnaire response, Agro Dutch Harrison, Senior Accountant, to Neal M. trade, and at the same LOT as EP, where performs limited selling activities for its Halper, Director of Accounting. possible, as defined by section U.S. and third-country sales. On a product-specific basis, we 773(a)(1)(B)(ii) of the Act. Furthermore, any selling activities compared Agro Dutch’s weighted- Third country prices were based on performed (e.g., sales negotiation and average COP to the prices of third- FOB, CIF, and CFR Indian port prices. transportation arrangement) do not vary country market sales of the foreign like We reduced the starting price for billing by channel of distribution, type of product, as required by section 773(b) of adjustments and movement expenses, customer, or market. Therefore, Agro the Act, in order to determine whether and increased the starting price for Dutch’s sales channels are at the same these sales were made at prices below interest revenue, where appropriate, in LOT. Accordingly, all sales comparisons the COP. For purposes of this accordance with section 773(a)(6)(B) of are at the same LOT for Agro Dutch and comparison, we used COP exclusive of the Act and 19 CFR 351.401(c) and (e). an adjustment pursuant to section selling and packing expenses. The We disregarded Agro Dutch’s claimed 773(a)(7)(A) of the Act is not warranted. prices (inclusive of interest revenue, freight expense offset for certain third where appropriate) were exclusive of country sales granted under the Indian Cost of Production Analysis any applicable billing adjustments, government program discussed in the In the most recently completed movement charges, discounts, direct ‘‘Export Price’’ section above, because administrative review as of April 5, and indirect selling expenses and this type of adjustment to NV is not 2006, when the questionnaire was packing. In determining whether to contemplated by section 773(a)(6) of the issued (i.e., the 2004–2005 review), we disregard third-country sales made at Act or the Department’s regulations. found that Agro Dutch had made sales prices less than their COP, we We also reduced the starting price for below the cost of production. See examined, in accordance with sections packing costs incurred in the Certain Preserved Mushrooms from 773(b)(1)(A) and (B) of the Act, whether comparison market, in accordance with India: Final Results of Antidumping such sales were made: (1) Within an section 773(a)(6)(B)(i) of the Act, and Duty Administrative Review, 71 FR extended period of time in substantial increased NV to account for U.S. 10646 (March 2, 2006). Thus, in quantities; and (2) at prices which did packing expenses, in accordance with accordance with section 773(b)(2)(A)(ii) not permit the recovery of all costs section 773(a)(6)(A) of the Act. We made of the Act, there are reasonable grounds within a reasonable period of time. circumstance-of-sale adjustments for to believe or suspect that Agro Dutch credit expenses and bank fees, where made sales in the third country at prices B. Results of COP Test appropriate, pursuant to section below the cost of producing the Pursuant to section 773(b)(2)(C) of the 773(a)(6)(C)(iii) of the Act and 19 CFR merchandise in the current review Act, where less than 20 percent of the 351.410. In addition, we made period. Accordingly, we instructed Agro respondent’s sales of a given product adjustments to NV, where appropriate, Dutch to respond to the section D (Cost were at prices less than the COP, we did for differences in costs attributable to of Production) questionnaire. not disregard any below-cost sales of differences in the physical that product because we determined characteristics of the merchandise, A. Calculation of Cost of Production that the below-cost sales were not made pursuant to section 773(a)(6)(C)(ii) of We calculated the cost of production in ‘‘substantial quantities.’’ Where 20 the Act and 19 CFR 351.411. (COP) on a product-specific basis, based percent or more of the respondent’s Currency Conversion on the sum of Agro Dutch’s respective sales of a given product during the POR costs of materials and fabrication for the were at prices less than the COP, we We made currency conversions in foreign like product, plus amounts for disregarded the below-cost sales accordance with section 773A(a) of the selling, general and administrative because we determined that they Act based on the exchange rates in effect (SG&A) expenses, interest expense, and represented ‘‘substantial quantities’’ on the dates of the U.S. sales as certified all expenses incidental to placing the within an extended period of time, and by the Federal Reserve Bank. foreign like product in a condition were at prices which would not permit Preliminary Results of Review packed and ready for shipment in the recovery of all costs within a As a result of this review, we accordance with section 773(b)(3) of the reasonable period of time, in accordance preliminarily determine that the Act. with section 773(b)(1) of the Act. We relied on the COP information The results of our cost test for Agro weighted-average dumping margin for the period February 1, 2005, through submitted by Agro Dutch, except for the Dutch indicated that, for one or more January 31, 2006, is as follows: direct material cost. We adjusted the can products, more than 20 percent of home costs portion of the direct material cost market or third country sales within an Manufacturer/exporter Percent margin to reconcile the work-in-process extended period of time were at prices inventory amount reported in the below COP which would not permit the Agro Dutch Indus- 0.61 response to the work-in-process full recovery of all costs within a tries, Ltd inventory amount in the audited reasonable period of time. See section financial statements. Because the 773(b)(2) of the Act. Therefore, in We will disclose the calculations used reported general and administrative accordance with section 773(b)(1) of the in our analysis to parties to this expense and interest expense amounts Act, we excluded these below-cost sales proceeding within five days of the were based on an amount that included from our analysis and used the publication date of this notice. See 19 the unadjusted direct material costs, we remaining sales as the basis for CFR 351.224(b). Any interested party recalculated these expenses to determining NV. may request a hearing within 30 days of incorporate the adjustment to the can publication. See 19 CFR 351.310(c). If costs. For further details regarding this Price-to-Price Comparisons requested, a hearing will be scheduled adjustment, see ‘‘Cost of Production and We based NV on the price at which after determination of the briefing Constructed Value Calculation the foreign like product is first sold for schedule. Adjustment for the Preliminary consumption in the third country Interested parties who wish to request Results—Agro Dutch Industries market, in the usual commercial a hearing or to participate if one is

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requested, must submit a written See Antidumping and Countervailing the reimbursement of antidumping request to the Assistant Secretary for Duty Proceedings: Assessment of duties prior to liquidation of the Import Administration, Room B–099, Antidumping Duties, 68 FR 23954 (May relevant entries during this review within 30 days of the date of publication 6, 2003) (Assessment Policy Notice). period. Failure to comply with this of this notice. Requests should contain: This clarification will apply to entries of requirement could result in the (1) The party’s name, address and subject merchandise during the period Secretary’s presumption that telephone number; (2) the number of of review produced by companies reimbursement of antidumping duties participants; and (3) a list of issues to be included in these final results of occurred and the subsequent assessment discussed. See 19 CFR 351.310(c). reviews for which the reviewed of double antidumping duties. Issues raised in the hearing will be companies did not know that the This administrative review and notice limited to those raised in the respective merchandise it sold to the intermediary are published in accordance with case briefs. Pursuant to 19 CFR 351.309, (e.g., a reseller, trading company, or sections 751(a)(1) and 777(i)(1) of the interested parties may submit written exporter) was destined for the United Act and 19 CFR 351.221. comments in response to these States. In such instances, we will Dated: October 31, 2006. preliminary results. Unless the time instruct CBP to liquidate unreviewed period is extended by the Department, entries at the all-others rate if there is no David M. Spooner, case briefs are to be submitted within 30 rate for the intermediary involved in the Assistant Secretary for Import days after the date of publication of this transaction. See Assessment Policy Administration. notice, and rebuttal briefs, limited to Notice for a full discussion of this [FR Doc. E6–18669 Filed 11–3–06; 8:45 am] arguments raised in case briefs, are to be clarification. BILLING CODE 3510–DS–P submitted no later than five days after the time limit for filing case briefs. Cash Deposit Requirements Parties who submit arguments in this The following cash deposit DEPARTMENT OF COMMERCE proceeding are requested to submit with requirements will be effective for all National Oceanic and Atmospheric the argument: (1) A statement of the shipments of the subject merchandise Administration issues, and (2) a brief summary of the entered, or withdrawn from warehouse, argument. Case and rebuttal briefs must for consumption on or after the be served on interested parties, in publication date of the final results of [I.D. 102706B] accordance with 19 CFR 351.303(f). this administrative review, as provided The Department will issue the final by section 751(a)(1) of the Act: (1) The Fisheries of the Northeastern United results of this administrative review, cash deposit rate for the reviewed States; Northeast Multispecies Fishery, including the results of its analysis of company will be that established in the Scoping Process issues raised in any written briefs, not final results of this review, except if the AGENCY: National Marine Fisheries rate is less than 0.50 percent, and later than 120 days after the date of Service (NMFS), National Oceanic and therefore, de minimis within the publication of this notice, pursuant to Atmospheric Administration (NOAA), meaning of 19 CFR 351.106(c)(1), in section 751(a)(3)(A) of the Act. Commerce. which case the cash deposit rate will be Assessment Rates zero; (2) for previously reviewed or ACTION: Notice; intent to prepare a The Department shall determine, and investigated companies not listed above, supplemental environmental impact CBP shall assess, antidumping duties on the cash deposit rate will continue to be statement (SEIS) and hold scoping all appropriate entries, in accordance the company-specific rate published for meetings; request for comments. with 19 CFR 351.212. The Department the most recent period; (3) if the SUMMARY: intends to issue assessment instructions exporter is not a firm covered in this The New England Fishery to CBP 15 days after the date of review, a prior review, or the original Management Council (Council) publication of the final results of less-than-fair-value (LTFV) announces its intent to prepare, in review. investigation, but the manufacturer is, cooperation with NMFS, a supplemental With respect to Agro Dutch, we the cash deposit rate will be the rate environmental impact statement (SEIS) intend to calculate importer-specific established for the most recent period to assess the potential effects on the assessment rates for the subject for the manufacturer of the human environment of alternative merchandise by aggregating the merchandise; and (4) the cash deposit measures for managing the Northeast dumping margins calculated for all of rate for all other manufacturers or (NE) multispecies fishery pursuant to the U.S. sales examined and dividing exporters will continue to be 11.30 the Magnuson-Stevens Fishery this amount by the total entered value percent, the ‘‘All Others’’ rate made Conservation and Management Act. of the sales examined. We will instruct effective by the LTFV investigation (see This notice announces a public process CBP to assess antidumping duties on all Notice of Amendment of Final for determining the scope of issues to be appropriate entries covered by this Determination of Sales at Less Than addressed and for identifying the review if any importer-specific Fair Value and Antidumping Duty significant issues relating to assessment rate calculated in the final Order: Certain Preserved Mushrooms management of the multispecies fishery. results of this review is above de From India, 64 FR 8311 (February 19, The Council will use the scoping minimis (i.e., at or above 0.50 percent). 1999)). These requirements, when process and the SEIS to develop See 19 CFR 351.106(c)(1). The final imposed, shall remain in effect until Amendment 16 to the NE Multispecies results of this review shall be the basis publication of the final results of the Fishery Management Plan (FMP). for the assessment of antidumping next administrative review. DATES: The Council will discuss and duties on entries of merchandise take scoping comments at public covered by the final results of this Notification to Importers meetings in November and December review and for future deposits of This notice also serves as a 2006 (see SUPPLEMENTARY INFORMATION). estimated duties, where applicable. The preliminary reminder to importers of Written scoping comments must be Department clarified its ‘‘automatic their responsibility under 19 CFR received on or before 5 p.m., local time, assessment’’ regulation on May 6, 2003. 351.402(f) to file a certificate regarding December 29, 2006.

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ADDRESSES: The Council will take Purpose of Action (Brosme brosme) in 2007. The Council scoping comments at public meetings in Amendment 13 established a will consider the results of those Ellsworth, Maine; Portland, Maine; requirement and a process for a mid- assessments when developing this Portsmouth, New Hampshire; point review of rebuilding progress and action and may adopt measures Gloucester, Massachusetts; Fairhaven, adjustments to management measures as necessary to manage those stocks. Massachusetts; South Kingstown, Rhode necessary to continue rebuilding. As Measures Under Consideration Island; Riverhead, New York; and New part of this process, each groundfish The Council may consider several York City, New York. For specific stock will be assessed in 2008. Stock types of management measures to locations and times, see SUPPLEMENTARY size and fishing mortality rates will be continue the multispecies rebuilding INFORMATION. Written comments and estimated, and status determination program including, but not limited to: requests for copies of the scoping criteria will be reviewed. This • document and other information should Changes to the current DAS information will be used to determine management system, such as be directed to Paul J. Howard, Executive adjustments to Amendment 13 measures modifications to DAS allocation and Director, New England Fishery that are necessary to continue use, changes to gear requirements, Management Council, 50 Water Street, rebuilding and achieve optimum yield modified possession limits, additions or Mill 2, Newburyport, MA 01950, from the fishery. Amendment 16 to the changes to seasonal and year-round telephone (978) 465–0492. Comments FMP would implement any revisions to closed areas, or changes to special may also be sent via facsimile (fax) to management measures necessary to management programs; (978) 465–3116 or via e-mail to continue the rebuilding programs • Recreational fishery measures such [email protected]. Include in the adopted by Amendment 13. as seasons, bag limits, or area closures; subject line the following identifier: Amendment 16 and its accompanying • Total allowable catch management ‘‘Groundfish Amendment 16 Scoping SEIS will be focused on the adjustments systems; Comments.’’ The scoping document is/ that are necessary to comply with the • Area management systems; will be accessible electronically via the mid-term adjustment procedures of the • Individual quota systems, including Internet at http://www.nefmc.org. FMP, to meet the fishing mortality rate individual transferable quota systems; objectives of the FMP, and to ensure and FOR FURTHER INFORMATION CONTACT: Paul that all groundfish stocks rebuild. • Sector management systems. J. Howard, Executive Director, New In addition to considering The types of measures under England Fishery Management Council, adjustments to the current effort control consideration include those described (978) 465–0492. management system as modified by in Amendment 13 as well as alternative SUPPLEMENTARY INFORMATION: Amendment 13 and subsequent management systems that may be frameworks, the Council may consider suggested during this scoping process. Background other management systems that may Information on specific topics for which replace or supplement the existing effort the Council is soliciting comment is in The NE Multispecies FMP manages controls. Members of the public are the scoping document, which will be cod (Gadus morhua), haddock encouraged to submit proposals for available on the Council web site (Melanogrammus aeglefinus), white alternative management schemes during (http://www.nefmc.org) on or about hake (Urophycis tenuis), pollock the scoping process. The Council will November 15. (Pollachius virens), Acadian redfish evaluate proposals received and may (Sebastes fasciatus), yellowtail flounder develop them into alternatives that will Scoping Process (Limanda ferrugineus), winter flounder be considered in Amendment 16. To It is the Council’s and NMFS’s intent (Psuedopleuronectes americanus), guide in the development of proposals, to encourage all persons affected by or witch flounder (Glyptocephalus the Council will specify in the scoping otherwise interested in the management cynoglossus), American plaice document the types of issues that must of NE multispecies to participate in the (Hippoglossoides platessoides), be addressed for a proposal to warrant process to determine the scope and windowpane flounder (Scopthalmus further consideration. A workshop will significance of issues to be analyzed in aquosos), Atlantic halibut (Hippoglossus be held at a Groundfish Oversight the SEIS and amendment. All such hippoglossus), and ocean pout Committee meeting on November 3, persons are encouraged to submit (Macrozoarces americanus). These 2006, to develop advice on these written comments (see ADDRESSES) or species are managed as 19 individual standards. The Council will use the comment at one of the scoping stocks. The Council has managed these information from the workshop to meetings. Persons submitting written species as a unit under the FMP since establish the standards at the Council comments may wish to address the 1985. Management measures include meeting on November 14 - 16, 2006. specific measures introduced in the limited and open access permit This information should be available previous section. The scope of the SEIS categories, limits on fishing time shortly after the Council meeting. consists of the range of actions, through days-at-sea (DAS) allocations, Proposals should be as fully developed alternatives, and impacts to be gear requirements, closed areas, and as possible when submitted in order to considered. Alternatives may include retention limits. These measures have facilitate a prompt review and decision the following: not amending the FMP been adopted through a series of on whether to include the proposal in (taking no action); developing an amendments and adjustments to the the amendment. Because of the limited amendment that contains management original FMP. The most recent time available for the development of measures such as those discussed in this amendment (Amendment 13, this amendment, the Council may not notice; or other reasonable courses of implemented on May 1, 2004) consider alternative management action. Impacts may be direct, indirect, established rebuilding programs for 12 schemes that are suggested outside of or cumulative. stocks. For most of these overfished the scoping process. This scoping process also will stocks, the goal is to rebuild to a The Northeast Fisheries Science identify and eliminate from further biomass that will support maximum Center is planning to assess stocks of detailed analysis issues that are not sustainable yield by 2014. wolffish (Anarhichas lupus) and cusk significant. After the scoping process is

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completed, the Council will proceed 6. Wednesday, December 6, 2006, CA 90802–4213; phone (562)980–4001; with the development of Amendment 16 from 5 – 8 p.m.; Holiday Inn South fax (562)980–4018. and the Council will prepare an SEIS to Kingstown, 3009 Tower Hill Road, So. Written comments or requests for a analyze the impacts of the range of Kingstown, RI 02674; telephone: (401) public hearing on these applications alternatives considered in the 789–1051. should be mailed to the Chief, Permits, amendment. 7. Thursday, December 7, 2006, from Conservation and Education Division, To ensure that the fishery continues 5 – 8 p.m.; Holiday Inn Express, 110 F/PR1, Office of Protected Resources, to meet the Amendment 13 rebuilding Middle Street, Fairhaven, MA 02719; NMFS, 1315 East-West Highway, Room objectives, any revisions to management telephone: (508) 997–1281. 13705, Silver Spring, MD 20910. Those measures included in Amendment 16 8. Wednesday, December 12, 2006, individuals requesting a hearing should need to be implemented by May 1, 2009. from 7 – 9 p.m.; Skyline Hotel,725 10th set forth the specific reasons why a In order to incorporate the latest catch Avenue, New York, NY 10019; hearing on this particular request would and survey data into the proposed telephone: (212) 586–3400. be appropriate. adjustment, the assessment of Special Accommodations Comments may also be submitted by groundfish stocks scheduled for 2008 facsimile at (301)427–2521, provided (the Groundfish Assessment and Review These meetings are accessible to the facsimile is confirmed by hard copy Meeting, or GARM) cannot be people with physical disabilities. submitted by mail and postmarked no conducted until August 2008. Therefore, Requests for sign language later than the closing date of the because of the lengthy process involved interpretation or other auxiliary aids comment period. with evaluating the impacts of any should be directed to Paul J. Howard Comments may also be submitted by changes to the FMP, the Council and (see ADDRESSES) at least 5 days prior to e-mail. The mailbox address for NMFS propose to start the the meeting date. providing e-mail comments is environmental review process as early Authority: 16 U.S.C. 1801 et seq. [email protected]. Include as possible. As such, it will be necessary Dated: October 30, 2006. in the subject line of the e-mail to develop and publish a draft SEIS for James P. Burgess, comment the relevant document Amendment 16 using the best available Acting Director, Office of Sustainable identifier: File No. 373–1868. data prior to the August 2008 GARM. Fisheries, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: The intent is to fully evaluate an [FR Doc. E6–18682 Filed 11–3–06; 8:45 am] Amy Sloan or Dr. Tammy Adams, adequate range of alternatives in the BILLING CODE 3510–22–S (301)713–2289. draft SEIS to project the full range of SUPPLEMENTARY INFORMATION: The likely impacts resulting from any subject permit is requested under the proposed adjustments to management DEPARTMENT OF COMMERCE authority of the Marine Mammal measures. The Council will then hold Protection Act of 1972, as amended (16 public hearings to receive comments on National Oceanic and Atmospheric U.S.C. 1361 et seq.) and the regulations the draft amendment and on the Administration governing the taking and importing of analysis of its impacts presented in the [I.D. 103006C] marine mammals (50 CFR part 216). draft SEIS. Once the GARM has The PRBO proposes to study and evaluated the status of groundfish stocks Marine Mammals; File No. 373–1868 monitor population trends, health, and in August 2008, that information will be ecology of pinnipeds in California, incorporated into the final SEIS to AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and specifically at the Farallon Islands, further refine the precision of the Point Reyes Peninsula, Ano Nuevo impact analysis presented in the draft Atmospheric Administration (NOAA), Commerce. Island, San Francisco Bay, and in SEIS. Sonoma County near the Russian River. ACTION: Notice; receipt of application for Harbor seals (Phoca vitulina richardii) Scoping Hearing Schedule permit. The Council will discuss and take and northern elephant seals (Mirounga scoping comments at the SUMMARY: Notice is hereby given that angustirostris) are the primary species of followingpublic meetings: the Point Reyes Bird Observatory study; researchers will also remotely 1. Monday, November 27, 2006, from (PRBO) Conservation Science (Dr. survey California sea lions (Zalophus 5 – 8 p.m.; Holiday Inn, US Route 1&3, William J. Sydeman, Responsible Party), californianus), Steller sea lions Ellsworth, ME 04605; telephone:(207) 3820 Cypress Drive, # 11 Petaluma, CA (Eumetopias jubatus), and northern fur 667–9341. 94954 has applied in due form for a seals (Callorhinus ursinus) and their 2. Tuesday, November 28, 2006, from permit for scientific research on responses to changes in the 5 – 8 p.m.; Eastland Park Hotel, 157 pinnipeds in California. environment. By monitoring these High Street, Portland, ME 04101; DATES: Written, telefaxed, or e-mail species, managers will be alerted to telephone: (207) 775–5411. comments on the new applications, changes in the condition of pinniped 3. Wednesday, November 29, 2006, amendment requests must be received populations and of the coastal marine from 5 – 8 p.m.; Urban Forestry Center, on or before December 6, 2006. ecosystems of central California. 45 Elwyn Road, Portsmouth, NH; ADDRESSES: The applications and Research and monitoring activities will telephone:(603) 431–6774. related documents are available for include (1) capture and handling of 4. Thursday, November 30, 2006, from review upon written request or by harbor seals and northern elephant seals 5 – 8 p.m.; Massachusetts Department of appointment in the following office(s): in order to dye-mark, attach flipper tags Marine Fisheries Annisquam River Permits, Conservation and Education and scientific instruments, and collect Station, 30 Emerson Avenue, Division, Office of Protected Resources, tissue samples, (2) surveys and photo- Gloucester, MA 01950; (978) 282–0308. NMFS, 1315 East-West Highway, Room documentation of all species in order to 5. Tuesday, December 5, 2006, from 5 13705, Silver Spring, MD 20910; phone quantify numbers by sex and age class – 8 p.m.; Best Western East End, 1830 (301)713–2289; fax (301)427–2521; and annually and seasonally, and (3) Route 25, Riverhead, NY 11901; Southwest Region, NMFS, 501 West incidental Level B disturbances related telephone: (631) 369–2200. Ocean Blvd., Suite 4200, Long Beach, to research activities. An estimated

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maximum of 300 harbor seals and 3,050 137, or Monica DeAngelis, NMFS, (562) Biological Resources, on behalf of elephant seals will be captured or 980–3232. MLHD, to take small numbers of Pacific handled per year over a five year period, SUPPLEMENTARY INFORMATION: harbor seals (Phoca vitulina richardsi) and an estimated 300 elephant seals, and California sea lions (Zalophus Background 5,150 harbor seals, 600 California sea californianus) incidental to the North lions, and five northern fur seals will be Sections 101(a)(5)(A) and (D) of the Harbor Redevelopment Project in Moss incidentally disturbed during pinniped MMPA (16 U.S.C. 1361 et seq.) direct Landing Harbor, Monterey County, research operations. the Secretary of Commerce to allow, California. Concurrent with the publication of upon request, the incidental, but not The project includes construction of a this notice in the Federal Register, intentional, taking of small numbers of 100–ft (30.5–m) long by 90–ft (27.4–m) NMFS is forwarding copies of these marine mammals by U.S. citizens who engage in a specified activity (other than wide boat ramp, a 5,000–square foot applications to the Marine Mammal 2 Commission and its Committee of commercial fishing) within a specified (464.5–m ) public wharf with Scientific Advisors. geographical region if certain findings pedestrian promenade and seating areas, are made and either regulations are and installation of a 171–ft long (52.1– Dated: October 31, 2006. issued or, if the taking is limited to m) by 10–ft (3.1–m) wide floating dock. P. Michael Payne, harassment, a notice of a proposed The total proposed project site is 4.5 Chief, Permits, Conservation and Education authorization is provided to the public acres (18,211.5 m2). The construction Division, Office of Protected Resources, for review. phase of the redevelopment would National Marine Fisheries Service. An authorization shall be granted if involve driving a total of 72 piles: 9 for [FR Doc. E6–18683 Filed 11–3–06; 8:45 am] NMFS finds that the taking will be the boat ramp, 53 for the public wharf BILLING CODE 3510–22–S small, have a negligible impact on the and promenade, and 10 for the floating species or stock(s), will not have an dock. Installation of the pilings would unmitigable adverse impact on the most likely be from a land-based driver, DEPARTMENT OF COMMERCE availability of the species or stock(s) for however, a barge may be used for National Oceanic and Atmospheric subsistence uses, and that the installation. The pilings will be Administration permissible methods of taking and concrete, 16–inch square for the wharf requirements pertaining to the and the boat launch ramp boarding mitigation, monitoring and reporting of [I.D. 100406A] floats, and 20–inch square for the dock. such takings are set forth. NMFS has An impact hammer is required for defined ‘‘negligible impact’’ in 50 CFR Taking of Marine Mammals Incidental installation of the piles. The energy 216.103 as ’’...an impact resulting from to Specified Activities; Harbor output levels of the impact hammer are the specified activity that cannot be Redevelopment Project, Moss Landing approximately 48 – 94 kiloJoules (kJ) (or reasonably expected to, and is not Harbor, California 35,381 – 69,458 foot-pound force (ft- reasonably likely to, adversely affect the AGENCY: National Marine Fisheries species or stock through effects on lbs)), depending on the setting. The Service (NMFS), National Oceanic and annual rates of recruitment or survival.’’ hammer would be operating at the rate Atmospheric Administration (NOAA), Section 101(a)(5)(D) of the MMPA of 36 – 52 blows per minute. The Commerce. established an expedited process by underwater noise level is measured at approximately between 165 – 175 dB re ACTION: Notice; issuance of an which citizens of the United States can 1 microPa rms at 10 m (32.8 ft), and 155 incidental take authorization. apply for an authorization to incidentally take small numbers of – 170 dB re 1 microPa rms at 20 m (65.6 SUMMARY: In accordance with provisions marine mammals by harassment. Except ft). It takes approximately 5 – 20 of the Marine Mammal Protection Act with respect to certain activities not minutes drive time to install each pile, (MMPA) as amended, notification is pertinent here, the MMPA defines depending on the substrate hereby given that an Incidental ‘‘harassment’’ as: encountered. Therefore, the maximum Harassment Authorization (IHA) has any act of pursuit, torment, or annoyance time required to install all piles would been issued to the Moss Landing Harbor which (i) has the potential to injure a marine be 24 hours. The pile driving is District (MLHD), to take small numbers mammal or marine mammal stock in the wild estimated to be completed within 2 – 3 of Pacific harbor seals and California sea [Level A harassment]; or (ii) has the potential months. The proposed project would to disturb a marine mammal or marine lions, by harassment, incidental to the mammal stock in the wild by causing start in fall 2006. harbor redevelopment project in Moss disruption of behavioral patterns, including, Comments and Responses Landing Harbor, California. but not limited to, migration, breathing, DATES: This authorization is effective nursing, breeding, feeding, or sheltering A notice of receipt and request for 30– from November 1, 2006 until October [Level B harassment]. day public comment on the application 31, 2007. Section 101(a)(5)(D) establishes a 45– day time limit for NMFS review of an and the proposed authorization was ADDRESSES: A copy of the application, application followed by a 30–day public published in the Federal Resister on IHA, and supporting documents for this notice and comment period on any September 8, 2006 (71 FR 53086). No action may be obtained by writing to P. proposed authorizations for the comments were received during the 30– Michael Payne, Chief, Permits, incidental harassment of marine day public comment period. NMFS Conservation and Education Division, mammals. Within 45 days of the close requested the review of the Marine Office of Protected Resources, National of the comment period, NMFS must Mammal Commission (the Commission) Marine Fisheries Service, 1315 East- either issue or deny issuance of the for the IHA application and proposed West Highway, Silver Spring, MD authorization. authorization. The Commission 20910–3225, or by telephoning the concurred with NMFS’ determination contact listed below. Summary of Request that the proposed activities are unlikely FOR FURTHER INFORMATION CONTACT: On April 24, 2006, NMFS received a to have a significant impact on the Shane Guan, NMFS, (301) 713–2289, ext request from the Terrestrial and Aquatic affected marine mammal populations.

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Description of the Marine Mammals Potential Effects on Marine Mammals microPa and 90 dB re 20 microPa2s Potentially Affected by the Activity and Their Habitat (Blackwell et al., 2004). The affected species of marine Construction of the boat ramp, public Mitigation mammals that may occur near the wharf and promenade, and floating The following mitigation measures are proposed project site are Pacific harbor docks has the potential to result in Level required under the IHA that has been seals and California sea lions. General B behavioral harassment of Pacific issued to MLHD for construction information on these marine mammal harbor seals and California sea lions that activities, including pile driving, species can be found in Caretta et al. may be swimming, foraging, or resting associated with the harbor (2006), which is available at the in the project vicinity while pile driving redevelopment project at Moss Landing following URL: http:// is being conducted. The impact to these Harbor. NMFS believes that the www.nmfs.noaa.gov/pr/pdfs/sars/ marine mammals is expected to be implementation of these mitigation po2005.pdf. None of the marine disturbance by the presence of workers, measures will reduce impacts to marine mammals species found in the proposed construction noise, and possibly mammals to the lowest level project areas is listed under the construction vessel traffic if pile driving practicable. Endangered Species Act (ESA) or is to be conducted from a barge. Time and Duration designated as depleted under the Disturbances could alter seal and sea MMPA. Additional information on the lion behaviors and cause the animals to The pile driving of the construction abundance and occurrence of these temporarily disperse from the area, or to will be completed before December species within or close to the proposed flush and possibly return at a later time 2006 to avoid the migrating gray whales project area is presented below. or could result in temporary use of an (Eschrichtius robustus). Construction alternate haul out site in Monterey Bay. activities, including pile driving, will Pacific harbor seal Noise from pile driving is expected to only take place during daylight hours be much louder than all other noises Pacific harbor seals are mainly seen between 7 am to 5 pm, when marine from the construction. However, the on the sand bar at the North area of the mammal monitoring prior to and during impact hammer being selected has harbor (North Harbor), which is about the pile driving can be effectively energy levels at 48–94 kJ (35,381–69,458 575 ft (175.3 m) west from the proposed implemented. ft-lbs). These energy levels are project area, across a Federal navigation significantly less than either of the two Establishment of Safety Zones channel. They are also seen along the pile drivers being used on the San Before any pile driving, a clearly boat dock area, and swimming to and Francisco-Oakland Bay Bridge (SF– marked 250–ft (76 m) radius safety zone from the ocean. The North Harbor sand OBB) (see 68 FR 64595, November 14, for Pacific harbor seals and California bar is not a typical Pacific harbor seal 2003), which are 500 kJ and 1,700 kJ. As sea lions will be established. The safety pupping area. The closest known seal a result, airborne and underwater zone would be marked by buoys for easy pupping area is over 0.5 mile (0.8 km) impact zones for marine mammals (and monitoring. At these distances, east of the proposed project area at Seal other aquatic life) will be significantly underwater sound pressure levels Bend in Elkhorn Slough (NMFS, 2004). smaller than at SF–OBB. (SPLs) are expected to be significantly The number of Pacific harbor seals Based on underwater noise levels reduced from 165 - 175 dB re 1 microPa varies seasonally and with the time of measured in 2004 during a separate rms measured at 10 m (32.8 ft), and day. They are most abundant during the project at Pier 40 in San Francisco, the airborne noise levels are expected to be day with approximately 20 - 100 hammer’s impulses were recorded about 80 - 90 dB re 20 microPa. These individuals at the North Harbor sand approximately between 165–175 dB re 1 SPLs are not believed to cause Level A bar, but leave the sand bar in the microPa rms at 10 m (32.8 ft), and 155– harassment or onset of TTS (Level B evening to feed in Monterey Bay. The 170 dB re 1 microPa rms at 20 m (65.6 harassment). A 500–ft radius safety zone number of seals are most abundant ft) from the pile. These levels are was proposed in the proposed IHA (71 during the pupping and molting season significantly below 190 dB re 1 microPa FR 53086), however, acoustic from May to August. rms, the level NMFS uses to estimate monitoring data show that it is overly California sea lion Level A harassment of pinnipeds and conservative and would be difficult to the onset of temporary threshold shift monitor such a large area. Based on in- California sea lions have been seen on (TTS) in pinniped hearing (see 68 FR water and in-air acoustic monitoring the North Harbor docks, but their 64595, November 14, 2003). data, NMFS believes that a 250–ft radius occurrence within the proposed project A self-monitoring program was also safety zone is sufficient to prevent Level area is rare. Usually there are fewer than conducted by a contractor in July 2006 A harassment and onset of TTS. 2 individuals in the vicinity of Moss to obtain airborne noise levels from pile Marine mammal observers (MMOs) on Landing Harbor (L. McIntyre, MLHD, driving. Time-averaged acoustic values a boat will survey the safety zone to 2006). Most of the sea lions in the in air ranged from 80 to 90 dB re 20 ensure that no marine mammals are Monterey Bay area are males of varying microPa, with peak discrete values seen within the zone before pile driving age classes that arrive in early fall from approaching 100 dB re 20 microPa at begins. If marine mammals are found their southern breeding ground 250 feet (76 m) from the sound source within the safety zone, pile driving will (Monterey Bay Aquarium, 1999). Many (Sea Engineering Inc., 2006). Studies be delayed until they move out of the individuals remain over the course of have shown that when exposed to area. If a marine mammal is seen above the winter until the following spring, sound levels between 98.9 and 101 dB the water and then dives below, pile with just a few sea lions staying through (re 20 microPa) from rocket launch, driving will wait 15 minutes and if no the summer. There are no breeding areas harbor seals responded by fleeing into marine mammals are seen by the for the California sea lion located in the the water but many returned to land observer in that time it will be assumed Monterey Bay area, and most within several hours (Stewart, 1993). that the animal has moved beyond the individuals migrate to offshore breeding Ringed seals (Phoca hispida) exhibited safety zone. This 15–minute criterion is sites in southern California and Mexico little or no reaction to pipe-driving based on scientific evidence that harbor (NMFS, 2004). noise measured at 112 and 96 dB re 20 seals in San Francisco Bay dive for a

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mean time of 0.50 minutes to 3.33 Monitoring will begin prior to the first information or analyses have been minutes (Harvey and Torok, 1994). day of the pile driving to establish developed in the past 2 years that would Once pile driving begins and an baseline data, and occur during the warrant new NEPA documentation. animal is seen or believed to entered the entire period when pile driving is Therefore, a new EA is not warranted 250 ft (76 m) radius safety zone, the underway, and continue for 30 minutes for the proposed project. contractor must suspend pile driving after the pile driving. Post construction Determinations and wait till the animal leaves the safety monitoring will also be conducted for a zone, or 15 minutes after the last period of one day upon completion of For the reasons discussed in this sighting of the animal, before pile pile driving to identify any change of document and identified supporting driving starts. pinniped behaviors. documents, NMFS has determined that Before the startup of the pile driving, the impact of pile driving associated Soft Start MMOs would visually survey the area to with Moss Landing Harbor Although marine mammals will be confirm the safety zone is clear of any redevelopment project would result, at protected from Level A harassment by marine mammals. Pile driving will not worst, in the Level B harassment of establishment of a safety zone of 250– begin until the safety zone is clear of small numbers of Pacific harbor seals ft (76 m) radius, mitigation may not be marine mammals. Monitoring would and California sea lions in the vicinity 100 percent effective at all times in continue by the observers on a boat of the proposed project area. While locating marine mammals. In order to during the entire period of pile driving. behavioral modifications, including provide additional protection to marine However, as described in the Mitigation temporarily vacating the area during the mammals near the project area by section, once pile driving begins, pile driving, may be made by these allowing marine mammals to vacate the operations will continue uninterrupted species to avoid the resultant visual and area, thus further reducing the until that pile is installed. However, if acoustic disturbance, the availability of incidence of Level B harassment from driving of a pile is completed and a alternate areas near Monterey Bay and startling marine mammals with a marine mammal is sighted within the haul-out sites (including pupping sites) sudden intensive sound, MLHD will designated safety zone prior to and feeding areas within the Bay has led implement a ‘‘soft start’’ practice when commencement of the next pile driving, NMFS to determine that this action will startup pile driving. By implementing the observer(s) must notify the pile have a negligible impact on small the ‘‘soft start’’ practice, pile driving driver (or other authorized individual) numbers of Pacific harbor seal and would be initiated at an energy level immediately and follow the mitigation California sea lion populations near the less than full capacity (i.e., requirements as outlined previously (see proposed project area. approximately 40–60 percent energy Mitigation). In addition, no take by Level A levels) for at least 5 minutes before MLHD will submit a final report to harassment (injury) or death is gradually escalate to full capacity. This NMFS 90 days after completion of the anticipated and harassment takes would ensure that, although not project. The final report will include should be at the lowest level practicable expected, any pinnipeds that are data collected for each distinct marine due to incorporation of the mitigation undetected during safety zone mammal species observed in the measures mentioned previously in this monitoring will not be injured. vicinity of the construction area during document. pile driving. Marine mammal behavior, Authorization Compliance with Equipment Noise overall numbers of individuals Standards observed, frequency of observation, and NMFS has issued an IHA to MLHD for To mitigate noise levels and, any behavioral changes due to the pile the potential harassment of small therefore, impacts to Pacific harbor seals driving would also be included in the numbers of harbor seals and California and California sea lions, all construction final report. sea lions incidental to Moss Landing equipment will comply as much as Harbor redevelopment project in Moss possible with applicable equipment ESA Landing, California, provided the noise standards of the U.S. Based on a review conducted by previously mentioned mitigation, Environmental Protection Agency, and NMFS biologists, no ESA-listed species monitoring, and reporting requirements all construction equipment will have are expected to occur in the proposed are incorporated. noise control devices no less effective action area. NMFS has determined that Dated: October 31, 2006. than those provided on the original no species listed under the ESA are James H. Lecky, equipment. likely to be affected and, therefore, a Director, Office of Protected Resources, section 7 consultation is not warranted. Monitoring and Reporting National Marine Fisheries Service. [FR Doc. E6–18690 Filed 11–3–06; 8:45 am] MLHD must implement a monitoring National Environmental Policy Act plan that would collect data for each (NEPA) BILLING CODE 3510–22–S distinct marine mammal species NMFS prepared an Environmental observed during pile driving at the Moss Assessment (EA) on the issuance of an DEPARTMENT OF COMMERCE Landing Harbor construction site. IHA for the taking of marine mammals Marine mammal behavior, overall incidental to demolition of the National Oceanic and Atmospheric numbers of individuals observed, Sandholdt Road Bridge and Administration frequency of observation, and any construction of a new bridge in Moss behavioral changes due to the pile Landing, California, in 2004 and made [I.D. 101706F ] driving will be recorded. a Finding of No Significant Impact National Marine Fisheries Service; Monitoring will be conducted by (FONSI) on December 21, 2004. The Notice of Availability of the Interim qualified NMFS-approved biologists. proposed action discussed in this Final Ten Year Plan for the NOAA Binoculars and range finders will be document is not substantially different Aquaculture Program provided to MMOs for accurately from the action analyzed in the 2004 identifying species and determining EA, and a reference search has indicated AGENCY: National Marine Fisheries distances. that no significant new scientific Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), DEPARTMENT OF EDUCATION Affected Public: State, Local, or Tribal Commerce. Gov’t, SEAs or LEAs. ACTION: Notice of availability of the Submission for OMB Review; Reporting and Recordkeeping Hour Interim Final Ten Year Plan for the Comment Request Burden: Responses: 56. NOAA Aquaculture Program. AGENCY: Department of Education. Burden Hours: 560. SUMMARY: The IC Clearance Official, SUMMARY: The National Oceanic and Abstract: The Individuals with Atmospheric Administration and the Regulatory Information Management Disabilities Education Improvement Act National Marine Fisheries Service Services, Office of Management invites of 2004, signed on December 3, 2004, announce the availability of the Interim comments on the submission for OMB became Public Law 108–446. In order to Final Ten Year Plan forthe NOAA review as required by the Paperwork be eligible for a grant under 20 U.S.C. Aquaculture Program (Plan). The Plan Reduction Act of 1995. 1433, a State shall provide assurance to addresses NOAA’s involvement in DATES: Interested persons are invited to the Secretary that the State has adopted marine aquaculture in the United States submit comments on or before a policy that appropriate early over the next ten years. It includes December 6, 2006. intervention services are available to all Program Goals and Strategies, ADDRESSES: Written comments should infants and toddlers with disabilities in Outcomes, Benefits, Budget and Staffing be addressed to the Office of the State and their families, including Requirements, and Challenges. The Plan Information and Regulatory Affairs, Indian infants and toddlers with was prepared by NOAA at the request Attention: Rachel Potter, Desk Officer, disabilities and their families residing of the Marine Fisheries Advisory Department of Education, Office of on a reservation geographically located Committee (MAFAC) which advises the Management and Budget, 725 17th in the State, infants and toddlers with Secretary of Commerce on all living Street, NW., Room 10222, New disabilities who are homeless children marine resource matters that are the Executive Office Building, Washington, and their families, and has in effect a responsibility of the Department of DC 20503 or faxed to (202) 395–6974. statewide system that meets the Commerce. At its July 25–27, 2006 SUPPLEMENTARY INFORMATION: Section requirements of 20 U.S.C. 1435. meeting, the MAFAC reviewed the Plan 3506 of the Paperwork Reduction Act of Information Collection 1820–0550 is and recommended that it be formally 1995 (44 U.S.C. Chapter 35) requires being revised so that a State can provide adopted by NOAA. Before taking this that the Office of Management and assurances that it either has or does not step, NOAA is providing the public an Budget (OMB) provide interested have in effect policies, procedures, opportunity to comment on the Plan . Federal agencies and the public an early methods, descriptions, and assurances DATES: NOAA invites electronic and opportunity to comment on information that meet the application requirements written comments on the Plan. All collection requests. OMB may amend or of part C of the Act as found in Public comments should be submitted by the waive the requirement for public Law 108–446. close of business November 30, 2006 to consultation to the extent that public Requests for copies of the information ensure consideration.Comments participation in the approval process collection submission for OMB review submitted after that date will be would defeat the purpose of the may be accessed from http:// considered to the extent possible. information collection, violate State or edicsweb.ed.gov, by selecting the ADDRESSES: The Plan and information Federal law, or substantially interfere ‘‘Browse Pending Collections’’ link and about the NOAA Aquaculture Program with any agency’s ability to perform its by clicking on link number 3172. When are available on the NOAA Worldwide statutory obligations. The IC Clearance you access the information collection, Web site at: http:// Official, Regulatory Information click on ‘‘Download Attachments’’ to www.aquaculture.noaa.gov. Electronic Management Services, Office of view. Written requests for information comments should be submitted to Management, publishes that notice should be addressed to U.S. Department [email protected] containing proposed information of Education, 400 Maryland Avenue, for hard copies of the Plan and/or collection requests prior to submission SW., Potomac Center, 9th Floor, submission of written comments should of these requests to OMB. Each Washington, DC 20202–4700. Requests be directed to the NOAA Aquaculture proposed information collection, may also be electronically mailed to Program, 1315 East-West Highway, grouped by office, contains the [email protected] or faxed to 202– room 13117, Silver Spring, MD 20910; following: (1) Type of review requested, 245–6623. Please specify the complete by fax at (301) 713–9108; or by phone e.g. new, revision, extension, existing or title of the information collection when at (301) 713–9079. reinstatement; (2) Title; (3) Summary of making your request. Comments regarding burden and/or FOR FURTHER INFORMATION CONTACT: the collection; (4) Description of the the collection activity requirements Bruce Morehead or Kate Naughten, need for, and proposed use of, the should be electronically mailed to NOAA Aquaculture Program, NOAA/ information; (5) Respondents and [email protected]. Individuals who National Marine Fisheries Service,1315 frequency of collection; and (6) use a telecommunications device for the East-West Highway, room 13117, Silver Reporting and/or Recordkeeping deaf (TDD) may call the Federal Spring, MD 20910, (301) 713–9079 or burden. OMB invites public comment. Information Relay Service (FIRS) at 1– email at:[email protected] or Dated: October 31, 2006. 800–877–8339. [email protected]. Angela C. Arrington, [FR Doc. E6–18660 Filed 11–3–06; 8:45 am] IC Clearance Official, Regulatory Information Management Services, Office of Management. BILLING CODE 4000–01–P Dated: November 1, 2006. John Oliver, Office of Special Education and Deputy Assistant Administrator for Rehabilitative Services DEPARTMENT OF EDUCATION Operations, National Marine Fisheries Type of Review: Revision. Service. Submission for OMB Review; Title: Annual State Application Under Comment Request [FR Doc. E6–18701 Filed 11–3–06; 8:45 am] Part C of the IDEA as Amended in 2004. BILLING CODE 3510–22–S Frequency: Annually. AGENCY: Department of Education.

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SUMMARY: The IC Clearance Official, Burden Hours: 480. Room 1E110B, 400 Maryland Avenue, Regulatory Information Management Abstract: Results will identify SW., Washington, DC telephone: (202) Services, Office of Management invites research gaps, develop research 205–4169, e-mail: [email protected]. comments on the submission for OMB priorities, and promotes coordinated review as required by the Paperwork plans, programs and activities across SUPPLEMENTARY INFORMATION: The Reduction Act of 1995. Interagency Committee on Disability Committee was established to provide advice to the Secretary on Federal, State DATES: Interested persons are invited to Research (ICDR) agencies. Respondents submit comments on or before will be persons with disabilities and and local programs designed to create December 6, 2006. other targeted individuals such as safe and drug-free schools, and on issues related to crisis planning. The ADDRESSES: Written comments should caregivers. be addressed to the Office of Requests for copies of the information agenda for the November 20th meeting Information and Regulatory Affairs, collection submission for OMB review will include follow-up discussions on Attention: Rachel Potter, Desk Officer, may be accessed from http:// the October 23–24, 2006 hearing, and Department of Education, Office of edicsweb.ed.gov, by selecting the focusing on preparation of an interim Management and Budget, 725 17th ‘‘Browse Pending Collections’’ link and report recently requested by the Street, NW., Room 10222, New by clicking on link number 3164. When Secretary of Education. The October Executive Office Building, Washington, you access the information collection, hearing focused on issues relating to the DC 20503 or faxed to (202) 395–6974. click on ‘‘Download Attachments’’ to Unsafe School Choice Option and view. Written requests for information SUPPLEMENTARY INFORMATION: Section Identification of Persistently Dangerous should be addressed to U.S. Department 3506 of the Paperwork Reduction Act of Schools. of Education, 400 Maryland Avenue, 1995 (44 U.S.C. Chapter 35) requires SW., Potomac Center, 9th Floor, There will not be an opportunity for that the Office of Management and Washington, DC 20202–4700. Requests public comment during this meeting, Budget (OMB) provide interested may also be electronically mailed to however the public may listen to the Federal agencies and the public an early [email protected] or faxed to 202– conference call by calling 800–473– opportunity to comment on information 245–6623. Please specify the complete 8796, and asking for the Teleconference collection requests. OMB may amend or title of the information collection when Chairperson: Deborah Price. Individuals waive the requirement for public making your request. who will need accommodations for a consultation to the extent that public Comments regarding burden and/or disability in order to listen to the participation in the approval process the collection activity requirements meeting may access a TYY line by would defeat the purpose of the should be electronically mailed to calling 800–473–8796, and asking for information collection, violate State or [email protected]. Individuals who Federal law, or substantially interfere the Teleconference Chairperson: use a telecommunications device for the Deborah Price. with any agency’s ability to perform its deaf (TDD) may call the Federal Request for Written Comments: We statutory obligations. The IC Clearance Information Relay Service (FIRS) at 1– Official, Regulatory Information 800–877–8339. invite the public to submit written Management Services, Office of comments relevant to the focus of the [FR Doc. E6–18661 Filed 11–3–06; 8:45 am] Management, publishes that notice Advisory Committee. We would like to containing proposed information BILLING CODE 4000–01–P receive written comments from collection requests prior to submission members of the public no later than of these requests to OMB. Each DEPARTMENT OF EDUCATION April 30, 2007. proposed information collection, Addresses: Submit all comments to grouped by office, contains the Safe and Drug-Free Schools and the Advisory Committee using one of following: (1) Type of review requested, Communities Advisory Committee e.g. new, revision, extension, existing or the following methods: (1) Internet. We reinstatement; (2) Title; (3) Summary of AGENCY: Office of Safe and Drug-Free encourage the public to submit the collection; (4) Description of the Schools (ED). comments through the Internet to the need for, and proposed use of, the ACTION: Notice of open teleconference following address: [email protected] (2) information; (5) Respondents and meeting. Mail. The public may also submit your frequency of collection; and (6) comments via mail to Catherine Davis, SUMMARY: This notice sets forth the Reporting and/or Recordkeeping Office of Safe and Drug Free Schools, schedule and proposed agenda of an burden. OMB invites public comment. U.S. Department of Education, 400 upcoming open meeting of The Safe and Dated: October 31, 2006. Maryland Avenue, SW., Room 1E110B, Drug-Free Schools and Communities Washington, DC 20202. Due to delays in Angela C. Arrington, Advisory Committee. The notice also mail delivery caused by heightened IC Clearance Official, Regulatory Information describes the functions of the security, please allow adequate time for Management Services, Office of Management. Committee. Notice of this meeting is the mail to be received. Office of Special Education and required by section 10(a)(2) of the Records are kept of all Committee Rehabilitative Services Federal Advisory Committee Act and is intended to notify the public of their proceedings and are available for public Type of Review: New. opportunity to attend. inspection at the staff office for the Title: Focus Group Input from DATES: November 20, 2006. Committee from the hours of 9 a.m. to Individuals with Disabilities and Time: 2 p.m. est. 5 p.m. est. Targeted Individuals. ADDRESSES: Frequency: On Occasion. The Committee will meet by Ray Simon, telephone conference call. Affected Public: Individuals or Deputy Secretary, U.S. Department of household. FOR FURTHER INFORMATION CONTACT: Education. Catherine Davis, Executive Director, The Reporting and Recordkeeping Hour [FR Doc. 06–9082 Filed 11–3–06; 8:45 am] Burden: Safe and Drug-Free Schools and Responses: 120. Communities Advisory Committee, BILLING CODE 4000–01–M

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NUCLEAR REGULATORY Documents Access and Management (Renewal); EPA ICR Number 1893.04, COMMISSION System at http://www.nrc.gov. OMB Control Number 2060–0430. FOR FURTHER INFORMATION CONTACT: For In the Federal Register of October 19, DEPARTMENT OF ENERGY questions related to this meeting, please 2006, in FR Doc. E6–17448, on page contact Anna Bradford at (301) 415– Notice of Public Meeting 61769, at the top of the first column, 5228 or [email protected], or Karen correct the first paragraph of the AGENCY: Nuclear Regulatory Guervara at (301) 903–3339 or ‘‘ADDRESSES’’ caption to read: Commission (NRC) and Department of [email protected]. ADDRESSES: Submit your comments, Energy (DOE). Dated at Rockville, Maryland, this 31st day referencing docket ID number EPA–HQ– ACTION: Notice of public meeting. of October 2006. For the Nuclear Regulatory Commission. OECA–2006–0440, to (1) EPA online using www.regulations.gov (our SUMMARY: The NRC and DOE announce Scott Flanders, their intent to conduct a public meeting preferred method) or by e-mail to Deputy Director, Division of Waste to discuss interactions during the Management and Environmental Protection, [email protected], or by mail to: EPA review of non-high-level waste Office of Federal and State Materials and Docket Center (EPA/DC), Environmental determinations under the National Environmental Management Programs. Protection Agency, Enforcement and Defense Authorization Act (NDAA) for Dated at Washington, DC, this 31st day of Compliance Docket and Information Fiscal Year 2005. The meeting date, October 2006. center, mail code 2201T, 1200 time and location are listed below: For the Department of Energy. Pennsylvania Avenue, NW., Date: Thursday, November 16, 2006. Frank Marcinowski, Washington, DC 20460, and (2) OMB by Time: 9 a.m. to 11 a.m. mail to: Office of Information and Location: L’Enfant Plaza Hotel, Deputy Assistant Secretary, Office of Regulatory Compliance. Regulatory Affairs, Office of Meeting Rooms—Monet 1 and 2, 480 Management and Budget (OMB), L’Enfant Plaza, Washington, DC 20024, [FR Doc. 06–9080 Filed 11–3–06; 8:45 am] BILLING CODE 7590–01–P Attention Desk Officer for EPA, 725 phone: 202–484–1000. 17th Street, NW., Washington, DC Agenda: 9–9:15: Introductions and 20503. Opening Remarks. 9:15–10:45: Discussion of NDAA consultation. ENVIRONMENTAL PROTECTION In the Federal Register of October 19, 10:45–11: Opportunity for Public AGENCY 2006, in FR Doc. E6–17448, on page Comment. 61769, at the top of the second column, [EPA-HQ-OECA–2006–0440; FRL–8240–3] correct the second paragraph of the Background Agency Information Collection ‘‘SUPPLEMENTARY INFORMATION’’ caption On October 9, 2004, the Ronald W. Activities: Submission to OMB for to read: Reagan National Defense Authorization Review and Approval; Comment EPA has established a public docket Act for Fiscal Year 2005 (NDAA) was Request: Federal Emissions for this ICR under docket ID number passed by Congress and was signed by Guidelines for Existing Municipal Solid EPA-HQ-OECA–2006–0440, which is the President on October 28, 2004. Waste Landfills (Renewal); EPA ICR available for online viewing at http:// Section 3116 of the NDAA allows the Number 1893.04, OMB Control Number www.regulations.gov, in person viewing U.S. Department of Energy (DOE) to 2060–0430; Correction determine that certain waste stemming at the Enforcement and Compliance from reprocessing of spent nuclear fuel AGENCY: Environmental Protection Docket in the EPA Docket Center (EPA/ is not high-level-waste (HLW). The Agency (EPA). DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, NDAA is applicable only in the States ACTION: Notice; correction. of South Carolina and Idaho and does DC. The EPA/DC Public Reading Room not apply to waste transported out of SUMMARY: The Environmental Protection is open from 8:30 a.m. to 4:30 p.m., these States. The NDAA requires that: Agency published a document in the Monday through Friday, excluding legal (1) DOE consult with NRC on its waste Federal Register of October 19, 2006, holidays. The telephone number for the determinations in South Carolina and concerning request for comments on an Reading Room is (202) 566–1744, and Idaho, and (2) NRC, in coordination Information Collection Request for the telephone number for the with the State, monitor disposal actions Federal Emissions Guidelines for Enforcement and Compliance Docket is taken by DOE for the purpose of Existing Municipal Solid Waste (202) 566–1927. assessing compliance with NRC Landfills, EPA ICR Number 1893.04, In the Federal Register of October 19, OMB Control Number 2060–0430. The regulations in 10 CFR part 61, subpart 2006, in FR Doc. E6–17448, on page document contained an incorrect EPA C. If the NRC determines that any 61769, in the middle of the second Docket ID Number. disposal actions taken by DOE are not column, correct the forth paragraph of in compliance, the NDAA requires NRC FOR FURTHER INFORMATION CONTACT: the ‘‘SUPPLEMENTARY INFORMATION’’ to inform DOE, the affected State, and Zofia Kosim, (202) 564–8733. caption to read: congressional subcommittees. The NRC and DOE are holding a public meeting Correction Title: Federal Emissions Guidelines to discuss the efficiency and In the Federal Register of October 19, for Existing Municipal Solid Waste effectiveness of the consultation 2006, in FR Doc. E6–17448, on page Landfills (Renewal). process. 61768, at the bottom of the third Dated: October 30, 2006. As noted on the agenda, time will be column, correct the title to read: Agency Oscar Morales, set aside during this meeting for Information Collection Activities: observers who wish to make comments. Submission to OMB for Review and Director, Collection Strategies Division. After the meeting, a publicly available Approval; Comment Request: Federal [FR Doc. E6–18657 Filed 11–3–06; 8:45 am] summary of this meeting will be made Emissions Guidelines for Existing BILLING CODE 6560–50–P available on the NRC’s Agencywide Municipal Solid Waste Landfills

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ENVIRONMENTAL PROTECTION number: (202) 343–2802; e-mail after appearing in the Federal Register AGENCY address: [email protected]. when approved, are listed in 40 CFR SUPPLEMENTARY INFORMATION: EPA has part 9, are displayed either by [EPA–HQ–OAR–2006–0525; FRL–8240–2] submitted the following ICR to OMB for publication in the Federal Register or by other appropriate means, such as on Agency Information Collection review and approval according to the the related collection instrument or Activities; Submission to OMB for procedures prescribed in 5 CFR 1320.12. form, if applicable. The display of OMB Review and Approval; Comment On July 17, 2006 (71 FR 40513), EPA control numbers in certain EPA Request; Fuels and Fuel Additives: sought comments on this ICR pursuant regulations is consolidated in 40 CFR Health-Effects Research Protocols to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on part 9. (Renewal); EPA ICR No. 1696.05, OMB Abstract: In accordance with the Control No. 2060–0297 this ICR should be submitted to EPA and OMB within 30 days of this notice. regulations at 40 CFR part 79, subparts AGENCY: Environmental Protection EPA has established a public docket A, B, C, and D, Registration of Fuels and Agency (EPA). for this ICR under Docket ID No. EPA– Fuel Additives, manufacturers (including importers) of motor-vehicle ACTION: Notice. HQ–OAR–2006–0525, which is available for online viewing at http:// gasoline, motor-vehicle diesel fuel, and SUMMARY: In compliance with the www.regulations.gov, or in person additives for those fuels, are required to Paperwork Reduction Act (PRA)(44 viewing at the Air and Radiation Docket have these products registered by the EPA prior to their introduction into U.S.C. 3501 et seq.), this document and Information Center in the EPA commerce. Registration involves announces that an Information Docket Center (EPA/DC), EPA West, providing a chemical description of the Collection Request (ICR) has been Room B102, 1301 Constitution Ave., fuel or additive, and certain technical, forwarded to the Office of Management NW., Washington, DC. The EPA/DC marketing, and health-effects and Budget (OMB) for review and Public Reading Room is open from information. The development of approval. This is a request to renew an 8 a.m. to 4:30 p.m., Monday through health-effects data, as required by 40 existing approved collection. The ICR, Friday, excluding legal holidays. The CFR part 79, subpart F, is the subject of which is abstracted below, describes the telephone number for the Reading Room this ICR. The information collection nature of the information collection and is 202–566–1744, and the telephone its estimated burden and cost. requirements for Subparts A through D, number for the Air and Radiation and the supplemental notification DATES: Additional comments may be Docket and Information Center is 202– requirements of Subpart F (indicating submitted on or before December 6, 566–1742. how the manufacturer will satisfy the 2006. Use EPA’s electronic docket and health-effects data requirements) are ADDRESSES: Submit your comments, comment system at covered by a separate ICR (EPA ICR No. referencing Docket ID No. EPA–HQ– www.regulations.gov, to submit or view 0309.11, OMB Control No. 2060–0150). OAR–2006–0525, to (1) EPA online public comments, access the index The health-effects data will be used to using http://www.regulations.gov (our listing of the contents of the docket, and determine if there are any products preferred method), by e-mail to a-and- to access those documents in the docket which have evaporative or combustion [email protected], or by mail to: EPA that are available electronically. Once in emissions that may pose an Docket Center, Environmental the system, select ‘‘docket search,’’ then unreasonable risk to public health, thus Protection Agency, Air and Radiation key in the docket ID number identified meriting further investigation and Docket, 1200 Pennsylvania Ave., NW., above. Please note that EPA’s policy is potential regulation. This information is Washington, DC 20460, and (2) OMB by that public comments, whether required for specific groups of fuels and mail to: Office of Information and submitted electronically or in paper, additives as defined in the regulations. Regulatory Affairs, Office of will be made available for public For example, gasoline and gasoline Management and Budget (OMB), viewing at http://www.regulations.gov additives which consist of only carbon, Attention: Desk Officer for EPA, 725 as EPA receives them and without hydrogen, oxygen, nitrogen and/or 17th Street, NW., Washington, DC change, unless the comment contains sulfur, and which involve a gasoline 20503. copyrighted material, CBI, or other oxygen content of less than 1.5 weight information whose public disclosure is percent, fall into a ‘‘baseline’’ group. Note: The EPA Docket Center suffered restricted by statute. For further Oxygenates, such as ethanol, when used damage due to flooding during the last week information about the electronic docket, of June 2006. The Docket Center is in gasoline as an oxygen level of at least continuing to operate. However, during the go to http://www.regulations.gov. 1.5 weight percent, define separate cleanup, there will be temporary changes to Title: Fuels and Fuel Additives: ‘‘nonbaseline’’ groups for each Docket Center telephone numbers, addresses, Health-Effects Research Protocols oxygenate. Additives which contain and hours of operation for people who wish (Renewal). elements other than carbon, hydrogen, to visit the Public Reading Room to view ICR Numbers: EPA ICR No. 1696.05, oxygen, nitrogen, and/or sulfur fall into documents. Consult EPA’s Federal Register OMB Control No. 2060–0297. separate atypical groups. There are notice at 71 FR 38147 (July 5, 2006) or the ICR Status: This ICR is scheduled to similar grouping requirements for diesel EPA Web site at http://www.epa.gov/ expire on November 30, 2006. Under fuel and diesel fuel additives. epahome/dockets.htm for current OMB regulations, the Agency may Manufacturers may perform the information on docket status, locations and telephone numbers. continue to conduct or sponsor the research independently or may join collection of information while this with other manufacturers to share in the FOR FURTHER INFORMATION CONTACT: submission is pending at OMB. An costs for each applicable group. Several James W. Caldwell, Office of Agency may not conduct or sponsor, research consortiums (groups of Transportation and Air Quality, and a person is not required to respond manufacturers) have been formed. The Mailcode: 6406J, Environmental to, a collection of information, unless it largest consortium, organized by the Protection Agency, 1200 Pennsylvania displays a currently valid OMB control American Petroleum Institute (API), Ave., NW., Washington, DC 20460; number. The OMB control numbers for represents most of the manufacturers of telephone number: (202) 343–9303; fax EPA’s regulations in title 40 of the CFR, baseline gasoline, baseline diesel fuel,

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baseline fuel additives, and the and providing information; adjust the may sign up on the Eastern Research prominent nonbaseline oxygenated existing ways to comply with any Group, Inc.’s online registration page. additives for gasoline. The research is previously applicable instructions and Time slots for comments will be limited structured into three tiers of requirements which have subsequently to 5-minutes and observers will be requirements for each group. Tier 1 changed; train personnel to be able to scheduled to speak in the order in requires an emissions characterization respond to a collection of information; which they register. The public may and a literature search for information search data sources; complete and also use a separate process to send on the health effects of those emissions. review the collection of information; written comments regarding the Voluminous Tier 1 data for gasoline and and transmit or otherwise disclose the planned document electronically to the diesel fuel were submitted by API and information. project Web site at http://www.epa.gov/ others in 1997. Tier 1 data have been Respondents/Affected Entities: nerl/sots/ or by e-mail to the EPA submitted for biodiesel, water/diesel Manufacturers of Fuels and Fuel technical contact at emulsions, and several atypical Additives. [email protected]. The charge to additives. Tier 2 requires short-term Estimated Number of Respondents: 4. the panel and background materials are inhalation exposures of laboratory Frequency of Response: On Occasion. available primarily via the Internet on animals to emissions to screen for Estimated Total Annual Hour Burden: the National Exposure Research adverse health effects. Tier 2 data have 30,150. Laboratory’s (NERL’s) home page under been submitted for baseline diesel, Estimated Total Annual Cost: $3.2 the Featured Links at http:// biodiesel, and water/diesel emulsions. million, includes $757,000 annualized www.epa.gov/nerl/sots/. Alternative Tier 2 testing can be capital and O&M costs. DATES: The workshop will begin on required in lieu of standard Tier 2 Changes in the Estimates: There is a November 28, 2006, at 8:30 a.m. and testing if EPA concludes that such decrease of 30,550 hours in the total end at 4 p.m. on November 29, 2006 testing would be more appropriate. The estimated burden currently identified in (Eastern Time). The oral public EPA reached that conclusion with the OMB Inventory of Approved ICR comment sessions will begin on respect to gasoline and gasoline- Burdens. This decrease is the result of November 28, 2006, at approximately 10 oxygenate blends, and alternative reduced activity as the two alternative a.m. and on November 29, 2006 at requirements were established for the Tier 2 testing programs near completion. approximately 1 p.m. API consortium for baseline gasoline Dated: October 30, 2006. ADDRESSES: The workshop will be held and six gasoline-oxygenate blends. Oscar Morales, at the Hilton Durham at 3800 Alternative Tier 2 requirements have Hillsborough Rd., Durham, NC 27705. Director, Collection Strategies Division. also been established for the manganese The EPA contractor, Eastern Research additive MMT manufactured by the [FR Doc. E6–18658 Filed 11–3–06; 8:45 am] Group, Inc., is organizing, convening, Afton Chemical Corporation (formerly BILLING CODE 6560–50–P and conducting the workshop. Members the Ethyl Corporation). Tier 3 provides of the public may attend the workshop as observers. To attend the workshop, for follow-up research, at EPA’s ENVIRONMENTAL PROTECTION register by November 21, 2006, by discretion, when remaining AGENCY uncertainties as to the significance of accessing the online registration page at observed health effects, welfare effects, [FRL–8240–4] https://www2.ergweb.com/projects/ and/or emissions exposures from a fuel conferences/exposure/register- or fuel/additive mixture interfere with Notice of an Expert Panel Workshop exposure.htm, via telephone by calling EPA’s ability to make reasonable on the State-of-the-Science Eastern Research Group, Inc. at 781– estimates of the potential risks posed by Approaches for Observational 674–7374, or sending an e-mail to emissions from a fuel or additive. To Exposure Measurement Studies [email protected] (subject line: Observational Studies). Registration will date, EPA has not imposed any Tier 3 AGENCY: Environmental Protection requirements. Under Section 211 of the Agency (EPA). also be available at the site of the Clean Air Act, (1) submission of the meeting, as space allows. There will be ACTION: Notice of meeting. health-effects information is necessary time set aside each day to present brief for a manufacturer to obtain registration SUMMARY: The Environmental Protection (no longer than five minutes) oral of a motor-vehicle gasoline, diesel fuel, Agency (EPA) is announcing that comments from the public. Please let or fuel additive, and thus be allowed to Eastern Research Group, Inc. (ERG), an Eastern Research Group, Inc. know if introduce that product into commerce, EPA contractor, will convene a panel of you wish to make comments during the and (2) the information shall not be experts and organize and conduct a observer comment period. Space is considered confidential. meeting to gather information on the limited, and registrations will be Burden Statement: The annual public most up-to-date methods, approaches, accepted on a first-come, first-served reporting and recordkeeping burden for and ethical standards for designing and basis. Observers may also submit this collection of information is implementing observational exposure written comments regarding the estimated to average 7,538 hours per measurement studies. EPA expects to planned document electronically to the response. Burden means the total time, use the information from the workshop project Web site at http://www.epa.gov/ effort, or financial resources expended in the preparation of a document on the nerl/sots/ or by e-mail to the EPA by persons to generate, maintain, retain, state-of-the-science approaches for technical contact at or disclose or provide information to or observational exposure measurement [email protected]. for a Federal agency. This includes the studies. The meeting will include FOR FURTHER INFORMATION CONTACT: time needed to review instructions; sessions for discussion by the panel and Questions regarding registration and develop, acquire, install, and utilize time will be set aside for public logistics for the workshop should be technology and systems for the purposes comment. The meeting is open to the directed to Eastern Research Group, of collecting, validating, and verifying public to attend as observers. Inc., 110 Hartwell Avenue, Lexington, information, processing and Observers who wish to make oral MA 02421–3136; telephone: 781–674– maintaining information, and disclosing comments during the comment periods 7374; facsimile: 781–674–2906; e-mail

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[email protected], subject line: evaluate the latest methods, techniques, ENVIRONMENTAL PROTECTION Observational Studies. If you need ethical standards, and approaches for AGENCY technical information about the planned design and implementation of [FRL–8235–3] document, please contact Roy observational exposure measurement Fortmann, National Exposure Research studies and compile a set of state-of-the- Notice of Availability of Final NPDES Laboratory (NERL); telephone: 919–541– science approaches in a single General Permit for Small Municipal 1021; facsimile: 919–541–0905; e-mail document. Examples of study elements Separate Storm Sewer Systems in the [email protected]. for which state-of-the-science Commonwealth of Puerto Rico and SUPPLEMENTARY INFORMATION: approaches will be evaluated and Federal Facilities in the compiled in the document include Commonwealth of Puerto Rico Information About the Workshop and identification of community groups and Planned Document AGENCY: Environmental Protection interactions with communities during Agency (EPA). Observational exposure measurement the scoping and planning of studies, studies are performed by researchers ACTION: Notice of Final NPDES General participant recruitment methods, Permits—PRR040000 and PRR04000F. both within and outside of EPA to informed consent procedures, measure people’s contact with identification and reporting SUMMARY: The Director of the Caribbean chemicals in their everyday unanticipated results, communication of Environmental Protection Division environments during their normal daily study results, etc. EPA expects that the (CEPD), Environmental Protection activities. These studies involve final document will be used by EPA Agency-Region 2, is issuing notice for a measurements of chemicals in researchers and others in the scientific final National Pollutant Discharge environmental media (e.g., air, water, community to design and perform Elimination System (NPDES) general food, soil, and dust); collection of permit and accompanying response to information about the voluntary study observational exposure measurement studies. comments for discharges from small participants, their homes, their work municipal separate storm sewer systems environments, and their activities; and Researchers in NERL intend to work (Small MS4) within urbanized areas to analysis of voluntary human samples with the public and experts from waters of the Commonwealth of Puerto such as blood or urine to determine the outside of the Agency to evaluate and Rico. This NPDES general permit amounts of contact. These observational compile the state-of-the-science establishes Notice of Intent (NOI) studies do not involve any additional approaches. The Workshop announced requirements, standards, prohibitions contact with the chemicals being in this Notice is expected to bring and management practices for studied by the people who volunteer to together experts in the areas of human discharges of storm water from participate in the studies. EPA’s exposure science, community research, municipal separate storm sewer systems observational studies generally collect ethics, children’s health, and other within urbanized areas owned by the information that is critical to meeting relevant disciplines to discuss and Commonwealth of Puerto Rico, or the goal of improving public health. In compile information that EPA can use to political subdivisions of the these studies, EPA identifies the develop a draft document. EPA has Commonwealth of Puerto Rico chemicals that people are coming in asked the Panel to provide (including ‘‘municipios’’), as well as the contact with; the concentrations of those recommendations on the content of the United States, and other systems located chemicals; the most important sources document, sources of information for within an urbanized area that fall within of chemicals in people’s lives; and the document, and an evaluation of the the definition of an MS4. These include, when, where, how often, and why state-of-the-science for approaches for for example, State departments of people come into contact with transportation (DOTs), public specific elements of the design and chemicals in the environment. The universities, penitentiaries, military implementation of observational information collected in observational installations and similar institutions exposure measurement studies. Using studies can be used to better understand with separate storm sewers drainage potential risks and health effects from information gathered at the Workshop, area. Owners and/or operators of small chemicals in the environment and to EPA plans to develop a draft document, MS4s that discharge storm water will be develop risk mitigation strategies and tentatively titled ‘‘State-of-the-Science required to submit a NOI to EPA–CEPD methods. Approaches for Observational Exposure to be covered by the general permit and EPA strives to follow the most up-to- Measurement Studies.’’ When will receive a written notification from date approaches in designing and completed, EPA expects to release the EPA–CEPD of permit coverage and performing observational studies. These draft document as an external review authorization to discharge under the approaches are developed by experts in document for public comment. EPA also general permit. The eligibility both academia and various Federal expects to hire a contractor to conduct requirements are discussed in the agencies. The approaches evolve over an independent external scientific peer permit. The municipality must meet the time to meet changing and more review of the draft document. eligibility requirements of the permit stringent ethical standards and study Availability of the document for public prior to submission of the NOI. This requirements. EPA wants to ensure that comment and the schedule and location general permit does not cover new the observational studies conducted by of the independent external peer review sources as defined under 40 CFR 122.2. the Agency for measuring people’s will be announced in the Federal Publication of this final general permit contact with environmental chemicals Register. and response to comments complies continue to be based on the most up-to- with the requirements of 40 Code of Dated: October 31, 2006. date sound science and the highest Federal Regulations (CFR) 124.10. Lawrence W. Reiter, ethical standards. Therefore, there is a DATES: The effective date of this permit need to evaluate the latest approaches Director, National Exposure Research is November 6, 2006. The permit will and ensure that EPA is using the state- Laboratory. expire on November 7, 2011. of-the-science approaches. In this [FR Doc. E6–18655 Filed 11–3–06; 8:45 am] Public Meeting Information: EPA— project, EPA intends to review and BILLING CODE 6560–50–P Region 2 has participated in several

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conference meetings to provide (4) The operator name(s), address(es), (8) An estimate of the square mileage information about the Storm Water telephone number(s), ownership status, served by the MS4(s); Phase II program and its requirements. and status as a Federal, State, local, (9) Descriptions of the best On September 28, 2006, CEPD offered a tribal or other public entity. management practices (BMPs) to be full day workshop on Small MS4 (Suggestion: This item should identify implemented by the applicant or requirements and conditions from the names and titles of the primary another entity for each of the six storm today’s general permit. The workshop administrative and/or technical staff water minimum control measures included a overview presentation on the contacts for the municipal operator(s), if described in 40 CFR 122.34(b)(1) storm water program, the conditions of different from item #2.) through (b)(6); the general permit under Phase 2, the (5) A listing of any permits or (10) Descriptions of the measurable six minimum requirement that the construction approvals received or goals for each BMPs, including (as Small MS4 must meet, tools/resources applied for under any of the following appropriate) the months and years in and a question and answer session. programs: Resource Conservation or which the action will be taken, Notification Requirements: General Recovery Act; Underground Injection including interim milestones and the permits for storm water discharges Control under the Safe Drinking Water frequency of the action; and associated with Small MS4s within an Act; NPDES program under the Clean (11) The person(s) responsible for urbanized area require the submittal of Water Act; Prevention of Significant implementing or coordinating the a Notices of Intent (NOI) prior to the Deterioration program under the Clean applicant’s storm water management authorization of such discharges. Air Act; Nonattainment program under program (SWMP). (Suggestion: Your description of the Today’s general permit establishes NOI the Clean Air Act; the National SWMP should identify those measures requirements to be covered under this Emission Standards for Hazardous Air that are already in place or are permit and must be sent to EPA-Region Pollutants preconstruction approval underway, as well as measures that 2, Caribbean Environmental Protection under the Clean Air Act, Ocean Dumping Permits under the Marine remain to be developed or implemented. Division, Centro Europa Building, Suite As the operator of the MS4, you have 417, 1492 Ponce de Leon Avenue, San Protection Research and Sanctuaries Act; Dredge or fill permits under section the flexibility to determine the BMPs Juan, Puerto Rico 00907–4127; Attn: and measurable goals, for each Sergio Bosques. Municipios, including 404 of the Clean Water Act; or other relevant environmental permits, minimum control measure, that are State departments of transportation most appropriate for the system. It is not (DOTs), public universities, including State permits. (6) A topographic map (or other map required that all BMPs be fully penitentiaries, military installations and if a topographic map is unavailable) implemented and in place at the time of similar institutions, must submit an NOI extending one mile beyond the property application. As stated in 40 CFR and other required information by boundaries of the source, depicting the 122.34(a), EPA will require full February 5, 2007. A discharger is not facility and each of its intake and implementation of the applicant’s precluded from submitting an NOI at a discharge structures; each of its SWMP no later than the end of the first later date. However, EPA may bring hazardous waste treatment, storage, or permit term (NPDES permits are appropriate enforcement actions. The disposal facilities; each well where typically issued for a 5 year period). The NOI is found in Appendix C of today’s fluids from the facility are injected application package should fully general permit and contains the underground; and those wells, springs, summarize the SWMP that is following information: other surface water bodies, and drinking anticipated for the area, and should (1) Activities by the applicant that water wells listed in public records or acknowledge those BMPs that remain to require obtaining an NPDES permit. otherwise known to the applicant in the be developed, including time lines and (Suggestion: This item can be map area. milestones for implementation.) addressed by a statement such as: ‘‘The (Suggestion: A map of the storm sewer Today’s final general permit requires Applicant Name operates a municipal system(s), showing the location of all all regulated small MS4s to develop and separate storm sewer system located in outfalls and names and location of all implement a SWMP. Program (city name)’’.) waters of the United States that receive components include, at a minimum, 6 (2) Name, mailing address, and discharges from those outfalls, is most minimum measures to address: public location of the facility for which the appropriate for fulfilling this education and outreach; public application is submitted. requirement. If a map of such detail is involvement; illicit discharge detection (Suggestion: In the context of the MS4 not available, please include any and elimination; construction site runoff permitting program, this item should reasonably available version of such a control; post-construction storm water list the name(s), title(s), affiliation(s), map and a schedule of when such a map management in new development and mailing address(es), and telephone will be available. (See 40 CFR redevelopment; and pollution number(s) of the operator(s) of the 122.34(b)(3)(ii)(A) for a description of prevention and good housekeeping of MS4(s).) the mapping requirement.)) municipal operations. A regulated small (3) Standard Industrial Classification (7) A brief description of the nature of MS4 is required to submit to CEPD the (SIC) Code that reflects the service the business. SWMP, and an electronic copy, provided by the facility. (Suggestion: In the context of the MS4 including the BMPs to be implemented (Suggestion: Generally speaking, the permitting program, briefly describe the and the measurable goals for each of the SIC code established by the Federal MS4 in terms of its general minimum control measures listed Office of Management and Budget for characteristics, such as: capacity, above. After submitting the required public administration/general Federal, general operation, or other relevant NOI within February 5, 2007, the State or local government activities is information.) SWMP, including the electronic version 9199. For additional information on SIC The following additional information must be submitted within August 3, codes, check the Occupational Safety is required as part of an NPDES 2007 to CEPD to the above address. and Health Administration’s Web site application from regulated small MS4(s) After February 5, 2007, all notified at: http://www.osha.gov/cgi-bin/sic/ according to 40 CFR 122.33(b)(2)(i) and Small MS4s will have 180 days of their sicser5.) 40 CFR 122.34(d)(1): notification to submit an NOI and

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SWMP, including an electronic version storm water management program and Dated: September 21, 2006. of the information. This shall be also meet permit conditions. EPA believes Carl-Axel P. Soderberg, submitted to the address specified that the flexibility provided in today’s Director, Caribbean Environmental Protection above. general permit facilitates watershed Division, Region 2. FOR FURTHER INFORMATION CONTACT: planning and compliance. Today’s [FR Doc. E6–18643 Filed 11–3–06; 8:45 am] Additional information concerning the permit requires storm sewer system BILLING CODE 6560–50–P permit may be obtained between the map, regulatory mechanism to prevent hours of 8:30 a.m. and 4:30 p.m., illicit discharges, plan to detect and Monday through Friday, excluding address non-storm water discharges, holidays, from: Sergio Bosques, education and measurable goals. FEDERAL ELECTION COMMISSION Caribbean Environmental Protection B. Executive Order 12866 Sunshine Act Meeting Notice Division, Environmental Protection Agency, Region 2, Centro Europa EPA has determined that this general DATE & TIME: Thursday, November 9, Building, Suite 417, 1492 Ponce de Leon permit is not a ‘‘significant regulatory 2006 at 10 a.m. Avenue, San Juan, Puerto Rico 00907– action’’ under the terms of Executive 4127; telephone: 787–977–5838; e-mail: Order 12866 and is therefore not subject PLACE: 999 E Street, NW., Washington, [email protected]. to OMB review. DC (Ninth Floor). SUPPLEMENTARY INFORMATION: STATUS: This meeting will be open to the C. Paperwork Reduction Act public. A. Statutory and Regulatory History EPA has reviewed the requirements ITEMS TO BE DISCUSSED: Section 405 of the Water Quality Act imposed on regulated facilities resulting of 1987 (WQA) added section 402(p) of Correction and Approval of Minutes. from the final construction general the Clean Water Act (CWA), which Advisory Opinion 2006–30: ActBlue, permit under the Paperwork Reduction directed EPA to develop a phased by Jonathan Zucker, Senior Strategist Act of 1980, 44 U.S.C. 3501 et seq. The approach to regulate storm water and Counsel. information collection requirements of discharges under the NPDES program. Management and Administrative this proposed permit are similar to other EPA published a final regulation on the Matters. Regional general permits which were second phase of this program on previously approved by the Office of PERSON TO CONTACT FOR INFORMATION: December 9, 1999, in the Federal Mr. Robert Biersack, Press Officer. Register, establishing permit application Management and Budget under the requirements for ‘‘storm water provisions of the Paperwork Reduction Mary W. Dove, discharges associated with municipal Act, 44 U.S.C. 3501 et seq., and assigned Secretary of the Commission. separate storm sewer systems in OMB control numbers. However, [FR Doc. 06–9105 Filed 11–2–06; 2:29 pm] information collection requirements of urbanized areas’’. BILLING CODE 6715–01–M EPA believes that this Phase 2 rule this proposed small municipal separate provides consistency in terms of storm sewer system general permit will program coverage and requirements for be submitted to OMB for review and existing and newly designated sources. approval and will be published in a FEDERAL HOUSING FINANCE BOARD For example, the rule includes most of Federal Register notice. Sunshine Act Meeting Notice; the municipal donut holes, those MS4s D. Regulatory Flexibility Act located in incorporated places, Announcing an Open Meeting of the townships or towns with a population The Regulatory Flexibility Act (RFA), Board of Directors under 100,000 that are within Phase I 5 U.S.C. 601 et seq., requires that EPA counties. These MS4s were not prepare a regulatory flexibility analysis TIME AND DATE: The open meeting of the addressed by the NPDES storm water for rules subject to the requirements of Board of Directors is scheduled to begin program until the Phase 2 rule while 5 U.S.C. 553(b) that have a significant at 10 a.m. on Wednesday, November 8, MS4s in the surrounding county are impact on a substantial number of small 2006. addressed. In addition, the minimum entities. The permit issued today, PLACE: Board Room, First Floor, Federal control measures required in the Phase however, is not a ‘‘rule’’ subject to the Housing Finance Board, 1625 Eye 2 rule for regulated small MS4s are very requirements of 5 U.S.C. 553(b) and is Street, NW., Washington, DC 20006. similar to a number of the permit therefore not subject to the Regulatory STATUS: The meeting will be open to the requirements for medium and large Flexibility Act. public. MS4s under the storm water program. Following the Phase 2 rule, permit E. Unfunded Mandates Reform Act MATTER TO BE CONSIDERED AT THE OPEN PORTION: Federal Home Loan Bank of requirements for all regulated MS4s will Section 201 of the Unfunded require implementation of BMPs. Chicago Request to Redeem Excess Mandates Reform Act (UMRA), Public Stock. Organization of Today’s Permit Law 104–4, generally requires Federal agencies to assess the effects of their CONTACT PERSON FOR MORE INFORMATION: Today’s permit covers storm water Shelia Willis, Paralegal Specialist, discharges from a wide variety of ‘‘regulatory actions’’ (defined to be the same as ‘‘rules’’ subject to the RFA) on Office of General Counsel, at 202–408– conveyances and/or systems within 2876 or [email protected]. urbanized areas in Puerto Rico. Because State and local governments and the Dated: November 8, 2006. the conditions which affect the presence private sector. The permit issued today, of pollutants in storm water discharges however, is not a ‘‘rule’’ subject to the By the Federal Housing Finance Board. vary among urbanized areas and RFA and is therefore not subject to the John P. Kennedy, watersheds, today’s general permit requirements of UMRA. General Counsel. provides broad discretion to the Authority: Clean Water Act, 33 U.S.C. 1251 [FR Doc. 06–9098 Filed 11–2–06; 10:58 am] permittee to develop and implement a et seq. BILLING CODE 6725–01–P

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FEDERAL RESERVE SYSTEM 225), and all other applicable statutes ACTION: Notice of a Modified or Altered and regulations to become a bank System of Records (SOR). Change in Bank Control Notices; holding company and/or to acquire the Acquisition of Shares of Bank or Bank assets or the ownership of, control of, or SUMMARY: In accordance with the Holding Companies the power to vote shares of a bank or requirements of the Privacy Act of 1974, bank holding company and all of the we are proposing to modify or alter an The notificants listed below have banks and nonbanking companies existing system of records titled applied under the Change in Bank owned by the bank holding company, ‘‘Common Working File (CWF),’’ System Control Act (12 U.S.C. 1817(j)) and including the companies listed below. No. 09–70–0526,’’ most recently § 225.41 of the Board’s Regulation Y (12 The applications listed below, as well modified at 67 Federal Register (FR) CFR 225.41) to acquire a bank or bank as other related filings required by the 3210 (January 23, 2002). We propose to holding company. The factors that are Board, are available for immediate modify existing routine use number 1 considered in acting on the notices are inspection at the Federal Reserve Bank that permits disclosure to agency set forth in paragraph 7 of the Act (12 indicated. The application also will be contractors and consultants to include U.S.C. 1817(j)(7)). available for inspection at the offices of disclosure to CMS grantees who perform The notices are available for the Board of Governors. Interested a task for the agency. CMS grantees, immediate inspection at the Federal persons may express their views in charged with completing projects or Reserve Bank indicated. The notices writing on the standards enumerated in activities that require CMS data to carry also will be available for inspection at the BHC Act (12 U.S.C. 1842(c)). If the out that activity, are classified separate the office of the Board of Governors. proposal also involves the acquisition of from CMS contractors and/or Interested persons may express their a nonbanking company, the review also consultants. The modified routine use views in writing to the Reserve Bank includes whether the acquisition of the will remain as routine use number 1. We will delete routine use number 8 indicated for that notice or to the offices nonbanking company complies with the authorizing disclosure to support of the Board of Governors. Comments standards in section 4 of the BHC Act constituent requests made to a must be received not later than (12 U.S.C. 1843). Unless otherwise congressional representative. If an November 21, 2006. noted, nonbanking activities will be A. Federal Reserve Bank of Chicago authorization for the disclosure has conducted throughout the United States. been obtained from the data subject, (Patrick M. Wilder, Assistant Vice Additional information on all bank President) 230 South LaSalle Street, then no routine use is needed. The holding companies may be obtained Privacy Act allows for disclosures with Chicago, Illinois 60690-1414: from the National Information Center 1. David R. Barnes and Francesca the ‘‘prior written consent’’ of the data Web site at http://www.ffiec.gov/nic/. subject. We will modify existing routine DeRose, both of Racine, Wisconsin; Unless otherwise noted, comments use number 5 that permits disclosure to Nicolet DeRose, Kenosha, Wisconsin, regarding each of these applications Peer Review Organizations (PRO). and Kari Barnes, Tigard, Oregon; to must be received at the Reserve Bank Organizations previously referred to as acquire voting shares of Wisconsin indicated or the offices of the Board of PROs will be renamed to read: Quality Bancshares, Inc., Kenosha, Wisconsin, Governors not later than December 1, Improvement Organizations (QIO). and thereby indirectly acquire voting 2006. shares of Banks of Wisconsin, Kenosha, Information will be disclosed to QIOs Wisconsin. A. Federal Reserve Bank of St. Louis relating to assessing and improving B. Federal Reserve Bank of (Glenda Wilson, Community Affairs quality of care as well as proper Minneapolis (Jacqueline G. King, Officer) 411 Locust Street, St. Louis, payment of claims. The modified Community Affairs Officer) 90 Missouri 63166-2034: routine use will remain as routine use Hennepin Avenue, Minneapolis, 1. The McGehee Bank Employee Stock number 5. We will broaden the scope of Minnesota 55480-0291: Ownership Plan, McGehee, Arkansas; to routine uses number 10 and 11, 1. Karen K. Zaun, Saint Cloud, become a bank holding company by authorizing disclosures to combat fraud Minnesota; to acquire voting shares of acquiring up to 28 percent of the voting and abuse in the Medicare and Eden Valley Bancshares, Inc., Eden shares of Southeast Financial Bankstock Medicaid programs to include Valley, Minnesota, and thereby Corporation, McGehee, Arkansas, and combating ‘‘waste’’ which refers to indirectly acquire voting shares of State thereby indirectly acquire voting shares specific beneficiary/recipient practices Bank in Eden Valley, Eden Valley, of McGehee Bank, McGehee, Arkansas. that result in unnecessary cost to all Minnesota. Federally-funded health benefit Board of Governors of the Federal Reserve programs. Board of Governors of the Federal Reserve System, November 1, 2006. System, November 1, 2006. We are modifying the language in the Jennifer J. Johnson, remaining routine uses to provide a Jennifer J. Johnson, Secretary of the Board. proper explanation as to the need for the Secretary of the Board. [FR Doc. E6–18622 Filed 11–3–06; 8:45 am] routine use and to provide clarity to [FR Doc. E6–18621 Filed 11–3–06; 8:45 am] BILLING CODE 6210–01–S CMS’s intention to disclose individual- BILLING CODE 6210–01–S specific information contained in this system. The routine uses will then be DEPARTMENT OF HEALTH AND prioritized and reordered according to FEDERAL RESERVE SYSTEM HUMAN SERVICES their usage. We will also take the opportunity to update any sections of Formations of, Acquisitions by, and Centers For Medicare & Medicaid Mergers of Bank Holding Companies the system that were affected by the Services recent reorganization or because of the The companies listed in this notice Privacy Act of 1974; Report of a impact of the Medicare Prescription have applied to the Board for approval, Modified or Altered System Drug, Improvement, and Modernization pursuant to the Bank Holding Company Act of 2003 (MMA) (Public Law 108– Act of 1956 (12 U.S.C. 1841 et seq.) AGENCY: Centers for Medicare & 173) provisions and to update language (BHC Act), Regulation Y (12 CFR Part Medicaid Services, HHS. in the administrative sections to

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correspond with language used in other appointment, during regular business Any such disclosure of data is known as CMS SORs. hours, Monday through Friday from 9 a ‘‘routine use.’’ The government will The primary purpose of the system of a.m.–3 p.m., eastern time zone. only release CWF information that can records is to properly pay medical FOR FURTHER INFORMATION CONTACT: be associated with an individual as insurance benefits to or on behalf of Richard Wolfsheimer, Health Insurance provided for under ‘‘Section III. entitled beneficiaries. Information in Specialist, Division of Systems Proposed Routine Use Disclosures of this system will also be released to: (1) Operations, Business Applications Data in the System.’’ Both identifiable Support regulatory and policy functions Management Group, Office of and non-identifiable data may be performed within the Agency or by a Information Services, CMS, Room N2– disclosed under a routine use. contractor, consultant, or grantee; (2) 08–18, 7500 Security Boulevard, We will only collect the minimum assist another Federal or State agency, Baltimore, Maryland 21244–1850. The personal data necessary to achieve the agency of a State government, an agency telephone number is 410–786–6160. purpose of CWF. CMS has the following established by State law, or its fiscal SUPPLEMENTARY INFORMATION: policies and procedures concerning agent; (3) assist third party contacts; (4) disclosures of information that will be assist providers and suppliers of I. Description of the Modified or maintained in the system. Disclosure of services directly or through fiscal Altered System of Records information from this system will be intermediaries or carriers; (5) support A. Statutory and Regulatory Basis for approved only to the extent necessary to Quality Improvement Organizations System accomplish the purpose of the (QIO) or Quality Review Organizations; disclosure and only after CMS: (6) assist insurance companies and other Authority for the maintenance of this 1. Determines that the use or groups providing protection for their system of records is given under the disclosure is consistent with the reason enrollees, or who are primary payers to authority of sections 1816, and 1874 of that the data is being collected, e.g., to Medicare in accordance with 42 United Title XVIII of the Social Security Act (42 properly pay medical insurance benefits States Code (U.S.C.) 1395y (b); (7) U.S.C. 1395h, and 1395kk). to or on behalf of entitled beneficiaries. support an individual or organization B. Collection and Maintenance of Data 2. Determines: for research, evaluation, or in the System a. That the purpose for which the epidemiological projects; (8) support disclosure is to be made can only be The system contains information on litigation involving the Agency related accomplished if the record is provided Medicare beneficiaries, on whose behalf to this system of records; and (9) combat in individually identifiable form; providers have submitted claims for fraud, waste, and abuse in certain b. that the purpose for which the reimbursement on a reasonable cost Federally-funded health care programs. disclosure is to be made is of sufficient basis under Medicare Part A and B, or We have provided background importance to warrant the potential are eligible, and/or individuals whose information about the modified system effect and/or risk on the privacy of the enrollment in an employer group health in the ‘‘Supplementary Information’’ individual that additional exposure of benefits plan covers the beneficiary. section below. Although the Privacy Act the record might bring; and Information contained in this system requires only that CMS provide an c. that there is a strong probability consist of billing for medical and other opportunity for interested persons to that the proposed use of the data would health care services, uniform bill for comment on the routine uses, CMS in fact accomplish the stated purpose(s). provider services or equivalent data in invites comments on all portions of this 3. Requires the information recipient an electronic format, and Medicare notice. See EFFECTIVE DATES to: section for Secondary Payer (MSP) records a. Establish administrative, technical, comment period. containing other third party liability and physical safeguards to prevent EFFECTIVE DATES: CMS filed a modified insurance information necessary for unauthorized use of disclosure of the or altered system report with the Chair appropriate Medicare claims payment record; and of the House Committee on Government and other documents used to support Reform and Oversight, the Chair of the b. remove or destroy at the earliest payments to beneficiaries and providers time all patient-identifiable information. Senate Committee on Homeland of services. These forms contain the Security & Governmental Affairs, and 4. Determines that the data are valid beneficiary’s name, sex, health and reliable. the Administrator, Office of Information insurance claim number (HIC), address, and Regulatory Affairs, Office of date of birth, medical record number, III. Proposed Routine Use Disclosures Management and Budget (OMB) on 10/ prior stay information, provider name of Data in the System 30/2006. To ensure that all parties have and address, physician’s name, and/or adequate time in which to comment, the A. Entities Who May Receive identification number, warranty Disclosures Under Routine Use modified system, including routine information when pacemakers are uses, will become effective 30 days from implanted or explanted, date of These routine uses specify the publication of the notice, or 40 days admission or discharge, other health circumstances, in addition to those from the date it was submitted to OMB insurance, diagnosis, surgical provided by statute in the Privacy Act and Congress, whichever is later, unless procedures, and a statement of services of 1974, under which CMS may release CMS receives comments that require rendered for related charges and other information from the CWF without the alterations to this notice. data needed to substantiate claims. consent of the individual to whom such ADDRESSES: The public should address information pertains. Each proposed comments to: CMS Privacy Officer, II. Agency Policies, Procedures, and disclosure of information under these Division of Privacy Compliance, Restrictions on The Routine Use routine uses will be evaluated to ensure Enterprise Architecture and Strategy A. The Privacy Act permits us to that the disclosure is legally Group, Office of Information Services, disclose information without an permissible, including but not limited to CMS, Room N2–04–27, 7500 Security individual’s consent if the information ensuring that the purpose of the Boulevard, Baltimore, Maryland 21244– is to be used for a purpose that is disclosure is compatible with the 1850. Comments received will be compatible with the purpose(s) for purpose for which the information was available for review at this location, by which the information was collected. collected. We propose to establish or

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modify the following routine use forgery, or unlawful negotiation of where the party to be contacted has, or disclosures of information maintained Medicare reimbursement checks. is expected to have information relating in the system: The United States Postal Service may to the individual’s capacity to manage 1. To agency contractors, consultants, require CWF data for investigating his or her affairs or to his or her or grantees, who have been engaged by alleged forgery or theft of eligibility for, or an entitlement to, the agency to assist in the performance reimbursement checks. benefits under the Medicare program of a service related to this collection and The Railroad Retirement Board and, who need to have access to the records requires CWF information to enable a. The individual is unable to provide in order to perform the activity. them to assist in the implementation the information being sought (an We contemplate disclosing and maintenance of the Medicare individual is considered to be unable to information under this routine use only program. provide certain types of information in situations in which CMS may enter SSA requires CWF data to enable when any of the following conditions into a contractual or similar agreement them to assist in the implementation exists: the individual is confined to a with a third party to assist in and maintenance of the Medicare mental institution, a court of competent accomplishing CMS function relating to program. jurisdiction has appointed a guardian to purposes for this system. The Internal Revenue Service may manage the affairs of that individual, a require CWF data for the application of CMS occasionally contracts out court of competent jurisdiction has tax penalties against employers and certain of its functions when doing so declared the individual to be mentally employee organizations that contribute would contribute to effective and incompetent, or the individual’s to Employer Group Health Plan or Large efficient operations. CMS must be able attending physician has certified that Group Health Plans that are not in to give a contractor, consultant or the individual is not sufficiently compliance with 42 U.S.C. 1395y(b). grantee whatever information is mentally competent to manage his or Disclosure under this routine use necessary for the contractor or her own affairs or to provide the shall be used by State Medicaid consultant to fulfill its duties. In these information being sought, the individual agencies pursuant to agreements with situations, safeguards are provided in cannot read or write, cannot afford the HHS for administration of State the contract prohibiting the contractor, cost of obtaining the information, a supplementation payments for consultant or grantee from using or language barrier exists, or the custodian determinations of eligibility for disclosing the information for any of the information will not, as a matter Medicaid, for enrollment of welfare purpose other than that described in the of policy, provide it to the individual), recipients for medical insurance under contract and requires the contractor, or section 1843 of the Act, for quality consultant or grantee to return or control studies, for determining b. the data are needed to establish the destroy all information at the eligibility of recipients of assistance validity of evidence or to verify the completion of the contract. under Titles IV, and XIX of the Act, and accuracy of information presented by Carriers and intermediaries for the complete administration of the the individual, and it concerns one or occasionally work with contractors to Medicaid program. CWF data will be more of the following: The individual’s identify and recover erroneous Medicare released to the State only on those entitlement to benefits under the payments for which workers’ individuals who are patients under the Medicare program; and the amount of compensation programs are liable. services of a Medicaid program within reimbursement; any case in which the 2. To another Federal or State agency, the State or who are residents of that evidence is being reviewed as a result of agency of a State government, an agency State. suspected fraud, waste, and abuse, established by State law, or its fiscal Occasionally State licensing boards program integrity, quality appraisal, or agent pursuant to agreements with CMS require access to the CWF data for evaluation and measurement of program to: review of unethical practices or activities. a. Contribute to the accuracy of CMS’s nonprofessional conduct. Third parties contacts require CWF proper payment of Medicare benefits, We also contemplate disclosing information in order to provide support b. enable such agency to administer a information under this routine use in for the individual’s entitlement to Federal health benefits program, or as situations in which State auditing benefits under the Medicare program; to necessary to enable such agency to agencies require CWF information for establish the validity of evidence or to fulfill a requirement of a Federal statute auditing of Medicare eligibility verify the accuracy of information or regulation that implements a health considerations. Disclosure of presented by the individual or the benefits program funded in whole or in physicians’ customary charge data are representative of the applicant, and part with Federal funds, and/or made to State audit agencies in order to assist in the monitoring of Medicare c. assist Federal/State Medicaid ascertain the corrections of Title XIX claims information of beneficiaries, programs within the State. charges and payments. CMS may enter including proper reimbursement of Other Federal or State agencies in into an agreement with State auditing services provided. their administration of a Federal health agencies to assist in accomplishing Senior citizen volunteers working in program may require CWF information functions relating to purposes for this the carriers and intermediaries’ offices for the purposes of determining, system of records. to assist Medicare beneficiaries’ request evaluating, and/or assessing cost, State and other governmental for assistance may require access to effectiveness, and/or the quality of workers’ compensation agencies CWF information. health care services provided in the working with CMS to assure that Occasionally fiscal intermediary/ State, to support evaluations and workers’ compensation payments are carrier banks, automated monitoring of Medicare claims made where Medicare has erroneously clearinghouses, VANS, and provider information of beneficiaries, including paid and workers’ compensation banks, to the extent necessary transfer to proper reimbursement for services programs are liable. providers electronic remittance advice provided. 3. To third party contacts (without the of Medicare payments, and with respect The Treasury Department may require consent of the individuals to whom the to provider banks, to the extent CWF data for investigating alleged theft, information pertains) in situations necessary to provide account

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management services to providers using a. Certify that the individual about discover, detect, investigate, examine, this information. whom the information is being provided prosecute, sue with respect to, defend 4. To providers and suppliers of is one of its insured or employees, or is against, correct, remedy, or otherwise services dealing through fiscal insured and/or employed by another combat fraud, waste, or abuse in such intermediaries or carriers for the entity for whom they serve as a TPA; program. administration of Title XVIII of the Act. b. utilize the information solely for We contemplate disclosing Providers and suppliers of services the purpose of processing the information under this routine use only require CWF information in order to individual’s insurance claims; and in situations in which CMS may enter establish the validity of evidence, or to c. safeguard the confidentiality of the into a contract or grant with a third verify the accuracy of information data and prevent unauthorized access. party to assist in accomplishing CMS presented by the individual as it Other insurers may require CWF functions relating to the purpose of concerns the individual’s entitlement to information in order to support combating fraud, waste, or abuse. benefits under the Medicare program, evaluations and monitoring of Medicare CMS occasionally contracts out including proper reimbursement for claims information of beneficiaries, certain of its functions when doing so services provided. including proper reimbursement for would contribute to effective and Providers and suppliers of services services provided. efficient operations. CMS must be able who are attempting to validate items on 7. To an individual or organization for to give a contractor or grantee whatever which the amounts included in the research, evaluation, or epidemiological information is necessary for the annual Physician/Supplier Payment projects related to the prevention of contractor or grantee to fulfill its duties. List, or other similar publications are disease or disability, the restoration or In these situations, safeguards are based. maintenance of health, or payment provided in the contract prohibiting the 5. To Quality Improvement related projects. contractor or grantee from using or Organizations ( QIO) in connection with CWF data will provide for research, disclosing the information for any review of claims, or in connection with evaluations and epidemiological purpose other than that described in the studies or other review activities, projects, a broader, longitudinal, contract and requiring the contractor or conducted pursuant to Part A and Part national perspective of the status of grantee to return or destroy all B of Title XI of the Act and in Medicare beneficiaries. CMS anticipates information. performing affirmative outreach that many researchers will have 10. To another Federal agency or to an activities to individuals for the purpose legitimate requests to use these data in instrumentality of any governmental of establishing and maintaining their projects that could ultimately improve jurisdiction within or under the control entitlement to Medicare benefits or the care provided to Medicare of the United States (including any State health insurance plans. beneficiaries and the policy that governs or local governmental agency), that QIOs will work to implement quality the care. administers, or that has the authority to improvement programs, provide 8. To the Department of Justice (DOJ), investigate potential fraud, waste, or consultation to CMS, its contractors, court or adjudicatory body when: abuse in a health benefits program and to State agencies. QIOs will assist a. The Agency or any component funded in whole or in part by Federal the State agencies in related monitoring thereof, or funds, when disclosure is deemed and enforcement efforts, assist CMS and b. any employee of the Agency in his reasonably necessary by CMS to Intermediaries and Carriers in program or her official capacity, or prevent, deter, discover, detect, integrity assessment, and prepare c. any employee of the Agency in his investigate, examine, prosecute, sue summary information for release to or her individual capacity where the with respect to, defend against, correct, CMS. DOJ has agreed to represent the remedy, or otherwise combat fraud or 6. To insurance companies, employee, or abuse in such programs. underwriters, third party administrators d. the United States Government, is a Other agencies may require CWF (TPA), employers, self-insurers, group party to litigation or has an interest in information for the purpose of health plans, health maintenance such litigation, and by careful review, combating fraud, waste, and abuse in organizations (HMO), health and CMS determines that the records are such Federally-funded programs. welfare benefit funds, managed care both relevant and necessary to the organizations, other supplemental litigation and that the use of such B. Additional Circumstances Affecting insurers, non-coordinating insurers, records is deemed by the Agency to be Routine Use Disclosures multiple employer trusts, liability for a purpose that is compatible with the To the extent this system contains insurers, no-fault medical automobile purposes for which the Agency Protected Health Information (PHI) as insurers, workers’ compensation carriers collected the records. defined by HHS regulation ‘‘Standards or plans, other groups providing Whenever CMS is involved in for Privacy of Individually Identifiable protection against medical expenses litigation, or occasionally when another Health Information’’ (45 CFR Parts 160 without the beneficiary’s authorization, party is involved in litigation and CMS’s and 164, Subparts A and E) 65 FR 82462 and any entity having knowledge of the policies or operations could be affected (12–28–00). Disclosures of such PHI that occurrence of any event affecting (a) An by the outcome of the litigation, CMS are otherwise authorized by these individual’s right to any such benefit or would be able to disclose information to routine uses may only be made if, and payment, or (b) the initial right to any the DOJ, court or adjudicatory body as, permitted or required by the such benefit or payment, for the purpose involved. ‘‘Standards for Privacy of Individually of coordination of benefits with the 9. To a CMS contractor (including, but Identifiable Health Information.’’ (See Medicare program and implementation not limited to fiscal intermediaries and 45 CFR 164–512 (a) (1)). of the MSP provision at 42 U.S.C. carriers) that assists in the In addition, our policy will be to 1395y(b). Information to be disclosed administration of a CMS-administered prohibit release even of data not directly shall be limited to Medicare utilization health benefits program, or to a grantee identifiable, except pursuant to one of data necessary to perform that specific of a CMS-administered grant program, the routine uses or if required by law, function. In order to receive the when disclosure is deemed reasonably if we determine there is a possibility information, they must agree to: necessary by CMS to prevent, deter, that an individual can be identified

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through implicit deduction based on whose data are maintained in the insurance, diagnosis, surgical small cell sizes (instances where the system. CMS will collect only that procedures, and a statement of services patient population is so small that information necessary to perform the rendered for related charges and other individuals could, because of the small system’s functions. In addition, CMS data needed to substantiate claims. size, use this information to deduce the will make disclosure from the proposed identity of the beneficiary). system only with consent of the subject AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Authority for the maintenance of this IV. Safeguards individual, or his/her legal representative, or in accordance with an system of records is given under the CMS has safeguards in place for applicable exception provision of the authority of sections 1816, and 1874 of authorized users and monitors such Privacy Act. CMS, therefore, does not Title XVIII of the Social Security Act (42 users to ensure against unauthorized anticipate an unfavorable effect on United States Code (U.S.C.) 1395h, and use. Personnel having access to the individual privacy as a result of 1395kk). system have been trained in the Privacy information relating to individuals. Act and information security PURPOSE(S) OF THE SYSTEM: requirements. Employees who maintain Dated: October 24, 2006. The primary purpose of the system of records in this system are instructed not John R. Dyer, records is to properly pay medical to release data until the intended Chief Operating Officer, Centers for Medicare insurance benefits to or on behalf of recipient agrees to implement & Medicaid Services. entitled beneficiaries. Information in appropriate management, operational System No. 09–70–0526 this system will also be released to: (1) and technical safeguards sufficient to Support regulatory and policy functions protect the confidentiality, integrity and SYSTEM NAME: performed within the Agency or by a availability of the information and • Common Working File (CWF),’’ contractor, consultant, or grantee; (2) information systems and to prevent HHS/CMS/OIS. assist another Federal or State agency, unauthorized access. agency of a State government, an agency This system will conform to all SECURITY CLASSIFICATION: established by State law, or its fiscal applicable Federal laws and regulations Level Three Privacy Act Sensitive agent; (3) assist third party contacts; (4) and Federal, HHS, and CMS policies Data. assist providers and suppliers of and standards as they relate to SYSTEM LOCATION: services directly or through fiscal information security and data privacy. The Centers for Medicare & Medicaid intermediaries or carriers; (5) support These laws and regulations may apply Services (CMS) Data Center, 7500 Quality Improvement Organizations but are not limited to: The Privacy Act Security Boulevard, North Building, (QIO) or Quality Review Organizations; of 1974; the Federal Information First Floor, Baltimore, Maryland 21244– (6) assist insurance companies and other Security Management Act of 2002; the 1850 and at CMS Host Sites located in groups providing protection for their Computer Fraud and Abuse Act of 1986; Birmingham, Alabama, and Dallas, enrollees, or who are primary payers to the Health Insurance Portability and Texas. Medicare in accordance with 42 U.S.C. Accountability Act of 1996; the E– 1395y (b); (7) support an individual or Government Act of 2002, the Clinger- CATEGORIES OF INDIVIDUALS COVERED BY THE organization for research, evaluation, or Cohen Act of 1996; the Medicare SYSTEM: epidemiological projects; (8) support Modernization Act of 2003, and the The system contains information on litigation involving the Agency related corresponding implementing Medicare beneficiaries, on whose behalf to this system of records; and (9) combat regulations. OMB Circular A–130, providers have submitted claims for fraud, waste, and abuse in certain Management of Federal Resources, reimbursement on a reasonable cost Federally-funded health care programs. Appendix III, Security of Federal basis under Medicare Part A and B, or Automated Information Resources also are eligible, and/or individuals whose ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OR USERS AND applies. Federal, HHS, and CMS enrollment in an employer group health THE PURPOSES OF SUCH USES: policies and standards include but are benefits plan covers the beneficiary. not limited to: All pertinent National A. Entities Who May Receive Institute of Standards and Technology CATEGORIES OF RECORDS IN THE SYSTEM: Disclosures Under Routine Use publications; the HHS Information Information contained in this system These routine uses specify Systems Program Handbook and the consist of billing for medical and other circumstances, in addition to those CMS Information Security Handbook. health care services, uniform bill for provided by statute in the Privacy Act provider services or equivalent data in of 1974, under which CMS may release V. Effects of the Modified System of an electronic format, and Medicare information from the CWF without the Records on Individual Rights Secondary Payer (MSP) records consent of the individual to whom such CMS proposes to modify this system containing other third party liability information pertains. Each proposed in accordance with the principles and insurance information necessary for disclosure of information under these requirements of the Privacy Act and will appropriate Medicare claims payment routine uses will be evaluated to ensure collect, use, and disseminate and other documents used to support that the disclosure is legally information only as prescribed therein. payments to beneficiaries and providers permissible, including but not limited to Data in this system will be subject to the of services. These forms contain the ensuring that the purpose of the authorized releases in accordance with beneficiary’s name, sex, health disclosure is compatible with the the routine uses identified in this insurance claim number (HIC), address, purpose for which the information was system of records. date of birth, medical record number, collected. We propose to establish or CMS will take precautionary prior stay information, provider name modify the following routine use measures (see item IV above) to and address, physician’s name, and/or disclosures of information maintained minimize the risks of unauthorized identification number, warranty in the system: access to the records and the potential information when pacemakers are 1. To agency contractors, consultants, harm to individual privacy or other implanted or explanted, date of or grantees, who have been engaged by personal or property rights of patients admission or discharge, other health the agency to assist in the performance

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of a service related to this collection and 5. To Quality Improvement litigation and that the use of such who need to have access to the records Organizations ( QIO) in connection with records is deemed by the Agency to be in order to perform the activity. review of claims, or in connection with for a purpose that is compatible with the 2. To another Federal or State agency, studies or other review activities, purposes for which the Agency agency of a State government, an agency conducted pursuant to Part A and Part collected the records. established by State law, or its fiscal B of Title XI of the Act and in 9. To a CMS contractor (including, but agent pursuant to agreements with CMS performing affirmative outreach not limited to fiscal intermediaries and to: activities to individuals for the purpose a. Contribute to the accuracy of CMS’s of establishing and maintaining their carriers) that assists in the proper payment of Medicare benefits, entitlement to Medicare benefits or administration of a CMS-administered b. enable such agency to administer a health insurance plans. health benefits program, or to a grantee Federal health benefits program, or as 6. To insurance companies, of a CMS-administered grant program, necessary to enable such agency to underwriters, third party administrators when disclosure is deemed reasonably fulfill a requirement of a Federal statute (TPA), employers, self-insurers, group necessary by CMS to prevent, deter, or regulation that implements a health health plans, health maintenance discover, detect, investigate, examine, benefits program funded in whole or in organizations (HMO), health and prosecute, sue with respect to, defend part with Federal funds, and/or welfare benefit funds, managed care against, correct, remedy, or otherwise c. assist Federal/State Medicaid organizations, other supplemental combat fraud, waste, or abuse in such programs within the State. insurers, non-coordinating insurers, program. 3. To third party contacts (without the multiple employer trusts, liability consent of the individuals to whom the 10. To another Federal agency or to an insurers, no-fault medical automobile information pertains) in situations instrumentality of any governmental insurers, workers’ compensation carriers where the party to be contacted has, or jurisdiction within or under the control or plans, other groups providing is expected to have information relating of the United States (including any State protection against medical expenses to the individual’s capacity to manage or local governmental agency), that without the beneficiary’s authorization, his or her affairs or to his or her and any entity having knowledge of the administers, or that has the authority to eligibility for, or an entitlement to, occurrence of any event affecting (a) An investigate potential fraud, waste, or benefits under the Medicare program individual’s right to any such benefit or abuse in a health benefits program and, payment, or (b) the initial right to any funded in whole or in part by Federal a. The individual is unable to provide funds, when disclosure is deemed the information being sought (an such benefit or payment, for the purpose of coordination of benefits with the reasonably necessary by CMS to individual is considered to be unable to prevent, deter, discover, detect, provide certain types of information Medicare program and implementation of the MSP provision at 42 U.S.C. 1395y investigate, examine, prosecute, sue when any of the following conditions with respect to, defend against, correct, exists: The individual is confined to a (b). Information to be disclosed shall be remedy, or otherwise combat fraud, mental institution, a court of competent limited to Medicare utilization data waste, or abuse in such programs. jurisdiction has appointed a guardian to necessary to perform that specific manage the affairs of that individual, a function. In order to receive the B. Additional Circumstances court of competent jurisdiction has information, they must agree to: Affecting Routine Use Disclosures a. Certify that the individual about declared the individual to be mentally whom the information is being provided To the extent this system contains incompetent, or the individual’s is one of its insured or employees, or is Protected Health Information (PHI) as attending physician has certified that insured and/or employed by another defined by HHS regulation ‘‘Standards the individual is not sufficiently entity for whom they serve as a TPA; for Privacy of Individually Identifiable mentally competent to manage his or b. utilize the information solely for Health Information’’ (45 CFR Parts 160 her own affairs or to provide the the purpose of processing the and 164, Subparts A and E) 65 Federal information being sought, the individual individual’s insurance claims; and Register 82462 (12–28–00). Disclosures cannot read or write, cannot afford the c. safeguard the confidentiality of the of such PHI that are otherwise cost of obtaining the information, a data and prevent unauthorized access. authorized by these routine uses may language barrier exist, or the custodian 7. To an individual or organization for of the information will not, as a matter only be made if, and as, permitted or research, evaluation, or epidemiological required by the ‘‘Standards for Privacy of policy, provide it to the individual), projects related to the prevention of or of Individually Identifiable Health disease or disability, the restoration or Information.’’ (See 45 CFR 164– b. the data are needed to establish the maintenance of health, or payment 512(a)(1)). validity of evidence or to verify the related projects. accuracy of information presented by 8. To the Department of Justice (DOJ), In addition, our policy will be to the individual, and it concerns one or court or adjudicatory body when: prohibit release even of data not directly more of the following: The individual’s a. The Agency or any component identifiable, except pursuant to one of entitlement to benefits under the thereof, or the routine uses or if required by law, Medicare program; and the amount of b. any employee of the Agency in his if we determine there is a possibility reimbursement; any case in which the or her official capacity, or that an individual can be identified evidence is being reviewed as a result of c. any employee of the Agency in his through implicit deduction based on suspected fraud, waste, and abuse, or her individual capacity where the small cell sizes (instances where the program integrity, quality appraisal, or DOJ has agreed to represent the patient population is so small that evaluation and measurement of program employee, or individuals could, because of the small activities. d. the United States Government, is a 4. To providers and suppliers of party to litigation or has an interest in size, use this information to deduce the services dealing through fiscal such litigation, and by careful review, identity of the beneficiary). intermediaries or carriers for the CMS determines that the records are administration of Title XVIII of the Act. both relevant and necessary to the

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POLICIES AND PRACTICES FOR STORING, SYSTEM MANAGER AND ADDRESS: DEPARTMENT OF HEALTH AND RETRIEVING, ACCESSING, RETAINING, AND HUMAN SERVICES DISPOSING OF RECORDS IN THE SYSTEM: Director, Division of Systems Operations, Business Applications Centers For Medicare & Medicaid STORAGE: Management Group, Office of Services Records are maintained on paper, Information Services, CMS, Room N2– computer diskette and on magnetic 08–18, 7500 Security Boulevard, Privacy Act of 1974; Report of a storage media. Baltimore, Maryland 21244–1850. Modified or Altered System of Records RETRIEVABILITY: NOTIFICATION PROCEDURE: AGENCY: Centers for Medicare & Information can be retrieved by the For purpose of access, the subject Medicaid Services, HHS. beneficiary’s name, HIC, and assigned individual should write to the system ACTION: Notice of a modified or altered unique physician identification number. manager who will require the system system of records (SOR). name, assigned card key number, and SAFEGUARDS: SUMMARY: building/secure area, and for In accordance with the CMS has safeguards in place for verification purposes, the subject Privacy Act of 1974, we are proposing authorized users and monitors such individual’s name (woman’s maiden to modify or alter an existing SOR, users to ensure against unauthorized name, if applicable), and SSN. ‘‘Intermediary Medicare Claims Record use. Personnel having access to the Furnishing the SSN is voluntary, but it (IMCR) System,’’ System No. 09–70– system have been trained in the Privacy may make searching for a record easier 0503, last published at 67 Federal Act and information security and prevent delay. Register 65982 (October 29, 2002). We requirements. Employees who maintain propose to change the name of this records in this system are instructed not RECORD ACCESS PROCEDURE: system to more closely reflect the name to release data until the intended of the program used for the processing recipient agrees to implement For purpose of access, use the same of Part A claims. We will modify the appropriate management, operational procedures outlined in Notification name to read: ‘‘Fiscal Intermediary and technical safeguards sufficient to Procedures above. Requestors should Shared System (FISS).’’ We propose to protect the confidentiality, integrity and also specify the record contents being modify existing routine use number 1 availability of the information and sought. (These procedures are in that permits disclosure to agency information systems and to prevent accordance with department regulation contractors and consultants to include unauthorized access. 45 CFR 5b.5(a)(2)). disclosure to CMS grantees who perform This system will conform to all a task for the agency. CMS grantees, CONTESTING RECORDS PROCEDURES: applicable Federal laws and regulations charged with completing projects or and Federal, HHS, and CMS policies The subject individual should contact activities that require CMS data to carry and standards as they relate to the system manager named above, and out that activity, are classified separate information security and data privacy. reasonably identify the records and from CMS contractors and/or These laws and regulations may apply specify the information to be contested. consultants. The modified routine use but are not limited to: the Privacy Act State the corrective action sought and will remain as routine use number 1. of 1974; the Federal Information the reasons for the correction with We will delete routine use number 8 Security Management Act of 2002; the supporting justification. (These authorizing disclosure to support Computer Fraud and Abuse Act of 1986; Procedures are in accordance with constituent requests made to a the Health Insurance Portability and Department regulation 45 CFR 5b.7). congressional representative. If an Accountability Act of 1996; the E- authorization for the disclosure has Government Act of 2002, the Clinger- RECORDS SOURCE CATEGORIES: been obtained from the data subject, Cohen Act of 1996; the Medicare Sources of information contained in then no routine use is needed. The Modernization Act of 2003, and the this records system is furnished by the Privacy Act allows for disclosures with corresponding implementing individual. In most cases, the the ‘‘prior written consent’’ of the data regulations. OMB Circular A–130, identifying information is provided to subject. We will broaden the scope of Management of Federal Resources, the physician by the individual. routine uses number 10 and 11, Appendix III, Security of Federal Information is obtained from other CMS authorizing disclosures to combat fraud Automated Information Resources also systems of records and data systems: and abuse in the Medicare and applies. Federal, HHS, and CMS Health Insurance Master Record, Medicaid programs to include policies and standards include but are Intermediary Medicare Claims Records, combating ‘‘waste’’ which refers to not limited to: All pertinent National Carrier Medicare Claims Records, MSP specific beneficiary/recipient practices Institute of Standards and Technology Record, Third Party Liability Record, that result in unnecessary cost to all publications; the HHS Information Medicare Entitlement Record, Health Federally-funded health benefit Systems Program Handbook and the Maintenance Organization Record, programs. CMS Information Security Handbook. Hospice Record, and in the case of some We are modifying the language in the MSP situations, through third party remaining routine uses to provide a RETENTION AND DISPOSAL: contacts. The medical information is proper explanation as to the need for the Records are maintained in a secure provided by the providers of medical routine use and to provide clarity to storage area with identifiers. Records are services. CMS’s intention to disclose individual- closed at the end of the calendar year in specific information contained in this which paid, then destroyed 6 years and SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS system. The routine uses will then be 3 months after final payment/action. All OF THE ACT: prioritized and reordered according to claims-related records are encompassed their usage. We will also take the None. by the document preservation order and opportunity to update any sections of will be retained until notification is [FR Doc. E6–18611 Filed 11–3–06; 8:45 am] the system that were affected by the received from DOJ. BILLING CODE 4120–03–P recent reorganization or because of the

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impact of the Medicare Prescription Group, Office of Information Services, purpose(s) for which the information Drug, Improvement, and Modernization CMS, Room N2–04–27, 7500 Security was collected. Any such disclosure of Act of 2003 (MMA) (Public Law 108– Boulevard, Baltimore, Maryland 21244– data is known as a ‘‘routine use.’’ The 173) provisions and to update language 1850. Comments received will be government will only release FISS in the administrative sections to available for review at this location, by information that can be associated with correspond with language used in other appointment, during regular business an individual as provided for under CMS SORs. hours, Monday through Friday from 9 ‘‘Section III. Entities Who May Receive The primary purpose of the SOR is to a.m.–3 p.m., eastern time zone. Disclosures Under Routine Use’’. Both properly pay medical insurance benefits FOR FURTHER INFORMATION CONTACT: identifiable and non-identifiable data to or on behalf of entitled beneficiaries. Monique Outerbridge, Director, Division may be disclosed under a routine use. Information in this system will also be of System Operations, Business We will only disclose the minimum released to: (1) Support regulatory and Applications Management Group, Office personal data necessary to achieve the policy functions performed within the of Information Services, CMS, Room purpose of FISS. CMS has the following Agency or by a contractor, consultant, or N2–07–27, 7500 Security Boulevard, policies and procedures concerning grantee; (2) assist another Federal or Baltimore, Maryland 21244–1850. The disclosures of information that will be state agency, agency of a state telephone number is 410–786–2535 or maintained in the system. In general, government, an agency established by via e-mail at Monique.outerbridge@ disclosure of information from the SOR state law, or its fiscal agent; (3) assist cms.hhs.gov. will be approved only for the minimum third party contacts; (4) support SUPPLEMENTARY INFORMATION: information necessary to accomplish the providers and suppliers of services purpose of the disclosure only after dealing through fiscal intermediaries or I. Description of the Modified System CMS: carriers; (5) support Quality A. Statutory and Regulatory Basis For 1. Determines that the use or Improvement Organizations (QIO); (6) SOR disclosure is consistent with the reason assist insurance companies and other In 1988, CMS modified a SOR under that the data is being collected, e.g., to groups providing protection for their the authority of sections 1816, 1862(b) properly pay medical insurance benefits enrollees, insurers and other groups and 1874 of Title XVIII of the Social to or on behalf of entitled beneficiaries. providing protection against medical Security Act (the Act) (42 United States 2. Determines that: expenses who are primary payers to Code (USC) sections 1395(h), 1395y(b), a. The purpose for which the Medicare in accordance with 42 U.S.C. and 1395kk). disclosure is to be made can only be 1395y(b); (7) support an individual or accomplished if the record is provided organization for a research, evaluation, B. Scope of the Data Collected in individually identifiable form; or epidemiological project; (8) support The system contains information on b. The purpose for which the litigation involving the Agency related Medicare beneficiaries, on whose behalf disclosure is to be made is of sufficient to this SOR; and (9) combat fraud, providers have submitted claims for importance to warrant the effect and/or waste, and abuse in certain Federally- reimbursement on a reasonable cost risk on the privacy of the individual that funded health care programs. We have basis under Medicare Part A and B, or additional exposure of the record might provided background information about are eligible, and/or individuals whose bring; and the modified system in the enrollment in an employer group health c. There is a strong probability that SUPPLEMENTARY INFORMATION section benefits plan covers the beneficiary. the proposed use of the data would in below. Although the Privacy Act Information contained in this system fact accomplish the stated purpose(s). requires only that CMS provide an consist of request(s) for payment, 3. Requires the information recipient opportunity for interested persons to provider billing for patient services, to: comment on the proposed routine uses, prepayment plan for group Medicare a. Establish administrative, technical, CMS invites comments on all portions practice dealing through a carrier, and physical safeguards to prevent of this notice. See ‘‘Effective Dates’’ health insurance claim form, request(s) unauthorized use of disclosure of the section for comment period. for medical payment, explanation of record; EFFECTIVE DATES: CMS filed a modified benefits, request for claim number b. Remove or destroy at the earliest or altered system report with the Chair verification, payment record transmittal, time all individually-identifiable of the House Committee on Government statement of person regarding Medicare information; and Reform and Oversight, the Chair of the payment for medical services furnished c. Agree to not use or disclose the Senate Committee on Homeland deceased patient, report of prior period information for any purpose other than Security & Governmental Affairs, and of entitlement, itemized bills and other the stated purpose under which the the Administrator, Office of Information similar documents required to support information was disclosed. and Regulatory Affairs, Office of payments to beneficiaries and to 4. Determines that the data are valid Management and Budget (OMB) on 10/ physicians and other suppliers of Part A and reliable. 27/2006. To ensure that all parties have services, and Medicare secondary payer III. Proposed Routine Use Disclosures adequate time in which to comment, the records containing other party liability of Data in the System modified system, including routine insurance information necessary for uses, will become effective 30 days from appropriate Medicare claims payment. A. Entities Who May Receive Disclosures Under Routine Use the publication of the notice, or 40 days II. Collection and Maintenance of Data from the date it was submitted to OMB in the System These routine uses specify and Congress, whichever is later, unless circumstances, in addition to those CMS receives comments that require A. Agency Policies, Procedures, and provided by statute in the Privacy Act alterations to this notice. Restrictions on the Routine Use of 1974, under which CMS may release ADDRESSES: The public should address The Privacy Act permits us to disclose information from the FISS without the comments to: CMS Privacy Officer, information without an individual’s consent of the individual to whom such Division of Privacy Compliance, consent if the information is to be used information pertains. Each proposed Enterprise Architecture and Strategy for a purpose that is compatible with the disclosure of information under these

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routine uses will be evaluated to ensure The Treasury Department may require situations where the party to be that the disclosure is legally FISS data for investigating alleged theft, contacted has, or is expected to have permissible, including but not limited to forgery, or unlawful negotiation of information relating to the individual’s ensuring that the purpose of the Medicare reimbursement checks. capacity to manage his or her affairs or disclosure is compatible with the The USPS may require FISS data for to his or her eligibility for, or an purpose for which the information was investigating alleged forgery or theft of entitlement to, benefits under the collected. We are proposing to establish reimbursement checks. Medicare program and, or modify the following routine use The RRB requires FISS information to a. The individual is unable to provide disclosures of information maintained enable them to assist in the the information being sought (an in the system: implementation and maintenance of the individual is considered to be unable to 1. To support agency contractors, Medicare program. provide certain types of information consultants, or grantees, who have been The SSA requires FISS data to enable when any of the following conditions engaged by the agency to assist in the them to assist in the implementation exists: the individual is confined to a performance of a service related to this and maintenance of the Medicare mental institution, a court of competent collection and who need to have access program. jurisdiction has appointed a guardian to to the records in order to perform the The IRS may require FISS data for the manage the affairs of that individual, a activity. application of tax penalties against court of competent jurisdiction has We contemplate disclosing employers and employee organizations declared the individual to be mentally information under this routine use only that contribute to Employer Group incompetent, or the individual’s in situations in which CMS may enter Health Plan or Large Group Health Plans attending physician has certified that into a contractual or similar agreement that are not in compliance with 42 the individual is not sufficiently with a third party to assist in U.S.C. 1395y(b). mentally competent to manage his or Disclosure under this routine use accomplishing CMS function relating to her own affairs or to provide the shall be used by state Medicaid agencies purposes for this system. information being sought, the individual pursuant to agreements with the HHS CMS occasionally contracts out cannot read or write, cannot afford the for administration of state certain of its functions when doing so cost of obtaining the information, a supplementation payments for would contribute to effective and language barrier exist, or the custodian determinations of eligibility for efficient operations. CMS must be able of the information will not, as a matter Medicaid, for enrollment of welfare to give a contractor, consultant or of policy, provide it to the individual), recipients for medical insurance under grantee whatever information is or necessary for the contractor or section 1843 of the Social Security Act b. The data are needed to establish the consultant to fulfill its duties. In these (the Act), for quality control studies, for validity of evidence or to verify the situations, safeguards are provided in determining eligibility of recipients of accuracy of information presented by the contract prohibiting the contractor, assistance under Titles IV, and XIX of the individual, and it concerns one or consultant or grantee from using or the Act, and for the complete more of the following: the individual’s disclosing the information for any administration of the Medicaid program. entitlement to benefits under the purpose other than that described in the FISS data will be released to the state Medicare program; and the amount of contract and requires the contractor, only on those individuals who are reimbursement; any case in which the consultant or grantee to return or patients under the services of a evidence is being reviewed as a result of destroy all information at the Medicaid program within the state or suspected fraud and abuse, program completion of the contract. who are residents of that state. 2. To assist another Federal or state Occasionally state licensing boards integrity, quality appraisal, or agency, agency of a state government, an require access to the FISS data for evaluation and measurement of program agency established by state law, or its review of unethical practices or non- activities. fiscal agent pursuant to agreements with professional conduct. Third parties contacts require FISS CMS to: We also contemplate disclosing information in order to provide support a. Contribute to the accuracy of CMS’s information under this routine use in for the individual’s entitlement to proper payment of Medicare benefits, situations in which state auditing benefits under the Medicare program; to b. Enable such agency to administer a agencies require FISS information for establish the validity of evidence or to Federal health benefits program, or as auditing of Medicare eligibility verify the accuracy of information necessary to enable such agency to considerations. Disclosure of presented by the individual or the fulfill a requirement of a Federal statute physicians’ customary charge data is representative of the applicant, and or regulation that implements a health made to state audit agencies in order to assist in the monitoring of Medicare benefits program funded in whole or in ascertain the corrections of Title XIX claims information of beneficiaries, part with Federal funds, and/or charges and payments. CMS may enter including proper reimbursement of c. Assist Federal/state Medicaid into an agreement with state auditing services provided. programs within the state. agencies to assist in accomplishing Senior citizen volunteers working in Other Federal or state agencies in functions relating to purposes for this the carriers and intermediaries’ offices their administration of a Federal health SOR. to assist Medicare beneficiaries’ request program may require FISS information State and other governmental for assistance may require access to for the purposes of determining, worker’s compensation agencies FISS information. evaluating, and/or assessing cost, working with CMS to assure that Occasionally fiscal intermediary/ effectiveness, and/or the quality of workers’ compensation payments are carrier banks, automated clearing health care services provided in the made where Medicare has erroneously houses, value added networks (VAN), state, to support evaluations and paid and workers’ compensation and provider banks, to the extent monitoring of Medicare claims programs are liable. necessary transfer to provider’s information of beneficiaries, including 3. To assist third party contacts electronic remittance advice of proper reimbursement for services (without the consent of the individuals Medicare payments, and with respect to provided. to whom the information pertains) in provider banks, to the extent necessary

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to provide account management services Other insurers, TPAs, HMOs, and party to assist in accomplishing CMS to providers using this information. HCPPs may require FISS information in functions relating to the purpose of 4. To assist providers and suppliers of order to support evaluations and combating fraud, waste, and abuse. services dealing through fiscal monitoring of Medicare claims CMS occasionally contracts out intermediaries or carriers for the information of beneficiaries, including certain of its functions when doing so administration of Title XVIII of the proper reimbursement for services would contribute to effective and Social Security Act. provided. efficient operations. CMS must be able Providers and suppliers of services 7. To support an individual or to give a contractor or grantee whatever require FISS information in order to organization for a research, evaluation, information is necessary for the establish the validity of evidence, or to or epidemiological project related to the contractor or grantee to fulfill its duties. verify the accuracy of information prevention of disease or disability, the In these situations, safeguards are presented by the individual as it restoration or maintenance of health, or provided in the contract prohibiting the concerns the individual’s entitlement to payment-related projects. contractor or grantee from using or benefits under the Medicare program, FISS data will provide for research, disclosing the information for any including proper reimbursement for evaluation, and epidemiological purpose other than that described in the services provided. projects, a broader, longitudinal, contract and requiring the contractor or Providers and suppliers of services national perspective of the status of grantee to return or destroy all who are attempting to validate items on Medicare beneficiaries. CMS anticipates information. that many researchers will have which the amounts included in the 10. To assist another Federal agency annual Physician/Supplier Payment legitimate requests to use these data in projects that could ultimately improve or to an instrumentality of any List, or other similar publications are governmental jurisdiction within or based. the care provided to Medicare beneficiaries and the policy that governs under the control of the United States 5. To support Quality Improvement (including any state or local Organizations (QIO) in connection with the care. 8. To assist the Department of Justice governmental agency), that administers, review of claims, or in connection with or that has the authority to investigate studies or other review activities, (DOJ), court or adjudicatory body when: a. The Agency or any component potential fraud, waste, or abuse in, a conducted pursuant to Part A of Title XI health benefits program funded in of the Act and in performing affirmative thereof, or b. Any employee of the Agency in his whole or in part by Federal funds, when outreach activities to individuals for the or her official capacity, or disclosure is deemed reasonably purpose of establishing and maintaining c. Any employee of the Agency in his necessary by CMS to prevent, deter, their entitlement to Medicare benefits or or her individual capacity where the discover, detect, investigate, examine, health insurance plans. DOJ has agreed to represent the prosecute, sue with respect to, defend QIOs will work to implement quality employee, or against, correct, remedy, or otherwise improvement programs, provide d. The United States Government, is combat fraud, waste, or abuse in such consultation to CMS, its contractors, a party to litigation or has an interest in programs. and to state agencies. QIOs will assist such litigation, and by careful review, state agencies in related monitoring and Other agencies may require FISS CMS determines that the records are information for the purpose of enforcement efforts, assist CMS and both relevant and necessary to the intermediaries in program integrity combating fraud, waste, and abuse in litigation and that the use of such such Federally funded programs. assessment, and prepare summary records by the DOJ, court or information for release to CMS. adjudicatory body is compatible with B. Additional Circumstances Affecting 6. To assist insurance companies, the purpose for which the agency Routine Use Disclosures third party administrators (TPA), collected the records. employers, self-insurers, managed care Whenever CMS is involved in To the extent this system contains organizations, other supplemental litigation, or occasionally when another Protected Health Information (PHI) as insurers, non-coordinating insurers, party is involved in litigation and CMS’s defined by HHS regulation ‘‘Standards multiple employer trusts, group health policies or operations could be affected for Privacy of Individually Identifiable plans (i.e., health maintenance by the outcome of the litigation, CMS Health Information’’ (45 CFR Parts 160 organizations (HMOs) or a competitive would be able to disclose information to and 164, Subparts A and E) 65 FR. medical plan (CMP) with a Medicare the DOJ, court, or adjudicatory body 82462 (12–28–00). Disclosures of such contract, or a Medicare-approved health involved. PHI that are otherwise authorized by care prepayment plan (HCPP)), directly 9. To assist a CMS contractor these routine uses may only be made if, or through a contractor, and other (including, but not limited to FIs and and as, permitted or required by the groups providing protection for their carriers) that assists in the ‘‘Standards for Privacy of Individually enrollees. Information to be disclosed administration of a CMS-administered Identifiable Health Information.’’ (See shall be limited to Medicare entitlement health benefits program, or to a grantee 45 CFR 164–512 (a) (1)). data. In order to receive the information, of a CMS-administered grant program, In addition, our policy will be to they must agree to: when disclosure is deemed reasonably prohibit release even of data not directly a. Certify that the individual about necessary by CMS to prevent, deter, identifiable, except pursuant to one of whom the information is being provided discover, detect, investigate, examine, the routine uses or if required by law, is one of its insured or employees, or is prosecute, sue with respect to, defend if we determine there is a possibility insured and/or employed by another against, correct, remedy, or otherwise that an individual can be identified entity for whom they serve as a TPA; combat fraud, waste, or abuse in such through implicit deduction based on b. Utilize the information solely for programs. small cell sizes (instances where the the purpose of processing the identified We contemplate disclosing patient population is so small that individual’s insurance claims; and information under this routine use only individuals could, because of the small c. Safeguard the confidentiality of the in situations in which CMS may enter size, use this information to deduce the data and prevent unauthorized access. into a contract or grant with a third identity of the beneficiary).

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IV. Safeguards applicable exception provision of the and 1874 of Title XVIII of the Social CMS has safeguards in place for Privacy Act. CMS, therefore, does not Security Act (the Act) (42 U.S.C. authorized users and monitors such anticipate an unfavorable effect on §§ 1395(h), 1395y (b), and 1395kk). individual privacy as a result of users to ensure against unauthorized PURPOSE(S) OF THE SYSTEM: use. Personnel having access to the information relating to individuals. system have been trained in the Privacy Dated: October 24, 2006. The primary purpose of the SOR is to Act and information security John R. Dyer, properly pay medical insurance benefits requirements. Employees who maintain Chief Operating Officer, Centers for Medicare to or on behalf of entitled beneficiaries. records in this system are instructed not & Medicaid Services. Information in this system will also be to release data until the intended released to: (1) Support regulatory and System No. 09–70–0503 recipient agrees to implement policy functions performed within the appropriate management, operational SYSTEM NAME: Agency or by a contractor, consultant, or grantee; (2) assist another Federal or and technical safeguards sufficient to ‘‘Fiscal Intermediary Shared System state agency, agency of a state protect the confidentiality, integrity and (FISS),’’ HHS/CMS/OIS availability of the information and government, an agency established by information systems and to prevent SECURITY CLASSIFICATION: state law, or its fiscal agent; (3) assist unauthorized access. Level Three Privacy Act Sensitive third party contacts; (4) support This system will conform to all Data providers and suppliers of services dealing through fiscal intermediaries or applicable Federal laws and regulations SYSTEM LOCATION: and Federal, HHS, and CMS policies carriers; (5) support Quality The Centers for Medicare & Medicaid Improvement Organizations (QIO); (6) and standards as they relate to Services (CMS) Data Center, 7500 information security and data privacy. assist insurance companies and other Security Boulevard, North Building, groups providing protection for their These laws and regulations include but First Floor, Baltimore, Maryland 21244– are not limited to: the Privacy Act of enrollees, insurers and other groups 1850 and at various contractor sites, providing protection against medical 1974; the Federal Information Security CMS Regional Offices, CMS Management Act of 2002; the Computer expenses who are primary payers to Intermediaries, and at Social Security Medicare in accordance with 42 U.S.C. Fraud and Abuse Act of 1986; the Field Offices. Health Insurance Portability and 1395y (b); (7) support an individual or Accountability Act of 1996; the E- CATEGORIES OF INDIVIDUALS COVERED BY THE organization for a research, evaluation, Government Act of 2002, the Clinger- SYSTEM: or epidemiological project; (8) support Cohen Act of 1996; the Medicare The system contains information on litigation involving the Agency related Modernization Act of 2003, and the Medicare beneficiaries, on whose behalf to this SOR; and (9) combat fraud, corresponding implementing providers have submitted claims for waste, and abuse in certain Federally- regulations. OMB Circular A–130, reimbursement on a reasonable cost funded health care programs. Management of Federal Resources, basis under Medicare Part A and B, or are eligible, and/or individuals whose ROUTINE USES OF RECORDS MAINTAINED IN THE Appendix III, Security of Federal SYSTEM, INCLUDING CATEGORIES OR USERS AND Automated Information Resources also enrollment in an employer group health THE PURPOSES OF SUCH USES: applies. Federal, HHS, and CMS benefits plan covers the beneficiary. A. Entities Who May Receive policies and standards include but are CATEGORIES OF RECORDS IN THE SYSTEM: Disclosures Under Routine Use not limited to: all pertinent NIST Information contained in this system publications; the DHHS Information These routine uses specify consist of billing for medical and other circumstances, in addition to those Systems Program Handbook and the health care services, uniform bill for CMS Information Security Handbook. provided by statute in the Privacy Act provider services or equivalent data in of 1974, under which CMS may release V. Effects of the Modified System of electronic format, and Medicare information from the FISS without the Records on Individual Rights secondary payer records containing consent of the individual to whom such other third party liability insurance CMS proposes to modify this system information pertains. Each proposed information necessary for appropriate in accordance with the principles and disclosure of information under these Medicare claims payment and other requirements of the Privacy Act and will routine uses will be evaluated to ensure documents used to support payments to collect, use, and disseminate that the disclosure is legally beneficiaries and providers of services. information only as prescribed therein. permissible, including but not limited to These forms contain the beneficiary’s Data in this system will be subject to the ensuring that the purpose of the name, gender, health insurance claim authorized releases in accordance with disclosure is compatible with the number (HICN), address, date of birth, purpose for which the information was the routine uses identified in this medical record number, prior stay system of records. collected. We are proposing to establish information, provider name and or modify the following routine use CMS will take precautionary address, physician’s name, and/or measures to minimize the risks of disclosures of information maintained identification number, warranty in the system: unauthorized access to the records and information when pacemakers are 1. To support agency contractors, the potential harm to individual privacy implanted or explanted, date of consultants, or grantees, who have been or other personal or property rights of admission or discharge, other health engaged by the agency to assist in the patients whose data are maintained in insurance, diagnosis, surgical performance of a service related to this the system. CMS will collect only that procedures, and a statement of services collection and who need to have access information necessary to perform the rendered for related charges and other to the records in order to perform the system’s functions. In addition, CMS data needed to substantiate claims. will make disclosure from the proposed activity. system only with consent of the subject AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 2. To assist another Federal or state individual, or his/her legal Authority for maintenance of the agency, agency of a state government, an representative, or in accordance with an system is given under §§ 1816, 1862 (b) agency established by state law, or its

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fiscal agent pursuant to agreements with of the Act and in performing affirmative combat fraud, waste, or abuse in such CMS to: outreach activities to individuals for the programs. a. contribute to the accuracy of CMS’s purpose of establishing and maintaining 10. To assist another Federal agency proper payment of Medicare benefits, their entitlement to Medicare benefits or or to an instrumentality of any b. Enable such agency to administer a health insurance plans. governmental jurisdiction within or Federal health benefits program, or as 6. To assist insurance companies, under the control of the United States necessary to enable such agency to third party administrators (TPA), (including any state or local fulfill a requirement of a Federal statute employers, self-insurers, managed care governmental agency), that administers, or regulation that implements a health organizations, other supplemental or that has the authority to investigate benefits program funded in whole or in insurers, non-coordinating insurers, potential fraud, waste, or abuse in, a part with Federal funds, and/or multiple employer trusts, group health health benefits program funded in c. Assist Federal/state Medicaid plans (i.e., health maintenance whole or in part by Federal funds, when programs within the state. organizations (HMOs) or a competitive disclosure is deemed reasonably 3. To assist third party contacts medical plan (CMP) with a Medicare necessary by CMS to prevent, deter, (without the consent of the individuals contract, or a Medicare-approved health discover, detect, investigate, examine, to whom the information pertains) in care prepayment plan (HCPP)), directly prosecute, sue with respect to, defend situations where the party to be or through a contractor, and other against, correct, remedy, or otherwise contacted has, or is expected to have groups providing protection for their combat fraud, waste, or abuse in such information relating to the individual’s enrollees. Information to be disclosed programs. capacity to manage his or her affairs or shall be limited to Medicare entitlement B. Additional Circumstances to his or her eligibility for, or an data. In order to receive the information, Affecting Routine Use Disclosures entitlement to, benefits under the they must agree to: To the extent this system contains Medicare program and, a. Certify that the individual about Protected Health Information (PHI) as a. The individual is unable to provide whom the information is being provided defined by HHS regulation ‘‘Standards the information being sought (an is one of its insured or employees, or is for Privacy of Individually Identifiable individual is considered to be unable to insured and/or employed by another Health Information’’ (45 CFR Parts 160 provide certain types of information entity for whom they serve as a TPA; and 164, Subparts A and E) 65 FR 82462 when any of the following conditions b. Utilize the information solely for (12–28–00). Disclosures of such PHI that exists: the individual is confined to a the purpose of processing the identified are otherwise authorized by these mental institution, a court of competent individual’s insurance claims; and routine uses may only be made if, and jurisdiction has appointed a guardian to c. Safeguard the confidentiality of the as, permitted or required by the manage the affairs of that individual, a data and prevent unauthorized access. ‘‘Standards for Privacy of Individually court of competent jurisdiction has 7. To support an individual or Identifiable Health Information.’’ (See declared the individual to be mentally organization for a research, evaluation, 45 CFR 164–512 (a) (1)). incompetent, or the individual’s or epidemiological project related to the In addition, our policy will be to attending physician has certified that prevention of disease or disability, the prohibit release even of data not directly the individual is not sufficiently restoration or maintenance of health, or identifiable, except pursuant to one of mentally competent to manage his or payment-related projects. the routine uses or if required by law, her own affairs or to provide the 8. To assist the Department of Justice if we determine there is a possibility information being sought, the individual (DOJ), court or adjudicatory body when: that an individual can be identified cannot read or write, cannot afford the a. The Agency or any component through implicit deduction based on cost of obtaining the information, a thereof, or small cell sizes (instances where the language barrier exist, or the custodian b. Any employee of the Agency in his patient population is so small that of the information will not, as a matter or her official capacity, or individuals could, because of the small c. Any employee of the Agency in his of policy, prsovide it to the individual), size, use this information to deduce the or her individual capacity where the or identity of the beneficiary). b. The data are needed to establish the DOJ has agreed to represent the validity of evidence or to verify the employee, or POLICIES AND PRACTICES FOR STORING, accuracy of information presented by d. The United States Government, is RETRIEVING, ACCESSING, RETAINING, AND the individual, and it concerns one or a party to litigation or has an interest in DISPOSING OF RECORDS IN THE SYSTEM: more of the following: the individual’s such litigation, and by careful review, STORAGE: CMS determines that the records are entitlement to benefits under the All records are maintained on paper, both relevant and necessary to the Medicare program; and the amount of computer diskette, and on magnetic litigation and that the use of such reimbursement; any case in which the storage media. evidence is being reviewed as a result of records by the DOJ, court or suspected fraud and abuse, program adjudicatory body is compatible with RETRIEVABILITY: integrity, quality appraisal, or the purpose for which the agency Information can be retrieved by the evaluation and measurement of program collected the records. beneficiary’s name, HICN, and assigned activities. 9. To assist a CMS contractor unique physician identification number. 4. To assist providers and suppliers of (including, but not limited to FIs and services dealing through fiscal carriers) that assists in the SAFEGUARDS: intermediaries or carriers for the administration of a CMS-administered CMS has safeguards in place for administration of Title XVIII of the health benefits program, or to a grantee authorized users and monitors such Social Security Act. of a CMS-administered grant program, users to ensure against unauthorized 5. To support Quality Improvement when disclosure is deemed reasonably use. Personnel having access to the Organizations (QIO) in connection with necessary by CMS to prevent, deter, system have been trained in the Privacy review of claims, or in connection with discover, detect, investigate, examine, Act and information security studies or other review activities, prosecute, sue with respect to, defend requirements. Employees who maintain conducted pursuant to Part A of Title XI against, correct, remedy, or otherwise records in this system are instructed not

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to release data until the intended Procedures above. Requestors should Kentucky, Mississippi, Tennessee. 101 recipient agrees to implement also specify the record contents being Marietta Street, Suite 702, Atlanta, Georgia 30223, Office Hours: 8:30 a.m.–4:30 p.m. appropriate management, operational sought. (These Procedures are in • and technical safeguards sufficient to Chicago Region—Illinois, Indiana, accordance with Department regulation Michigan, Minnesota, Ohio, Wisconsin. Suite protect the confidentiality, integrity and 45 CFR 5b.5(a)(2)). A–824, Chicago, Illinois 60604. Office Hours: availability of the information and CONTESTING RECORDS PROCEDURES: 8 a.m.–4:45 p.m. information systems and to prevent • Dallas Region—Arkansas, Louisiana, unauthorized access. The subject individual should contact New Mexico, Oklahoma, Texas, 1200 Main This system will conform to all the system manager named above, and Tower Building, Dallas, Texas. Office Hours: applicable Federal laws and regulations reasonably identify the records and 8 a.m.–4:30 p.m. and Federal, HHS, and CMS policies specify the information to be contested. • Kansas City Region—Iowa, Kansas, and standards as they relate to State the corrective action sought and Missouri, Nebraska. New Federal Office information security and data privacy. the reasons for the correction with Building, 601 East 12th Street—Room 436, supporting justification. (These Kansas City, Missouri 64106. Office Hours: 8 These laws and regulations may apply a.m.–4:45 p.m. but are not limited to: the Privacy Act Procedures are in accordance with • Denver Region—Colorado, Montana, of 1974; the Federal Information Department regulation 45 CFR 5b.7). North Dakota, South Dakota, Utah, Wyoming. Federal Office Building, 1961 Stout St— Security Management Act of 2002; the RECORDS SOURCE CATEGORIES: Computer Fraud and Abuse Act of 1986; Room 1185, Denver, Colorado 80294. Office Sources on information contained in the Health Insurance Portability and Hours: 8 a.m.–4:30 p.m. this records system is obtained by the • Accountability Act of 1996; the E– San Francisco Region—American provider from the individual or, in the Samoa, Arizona, California, Guam, Hawaii, Government Act of 2002, the Clinger- case of some Medicare secondary payer Nevada. Federal Office Building, 10 Van Ness Cohen Act of 1996; the Medicare Avenue, 20th Floor, San Francisco, California Modernization Act of 2003, and the situations, through third party contacts. The medical information is provided by 94102. Office Hours: 8 a.m.–4:30 p.m. corresponding implementing • Seattle Region—Alaska, Idaho, Oregon, regulations. OMB Circular A–130, the providers of medical services. Washington. 1321 Second Avenue, Room Management of Federal Resources, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 615, Mail Stop 211, Seattle, Washington Appendix III, Security of Federal OF THE ACT: 98101. Office Hours: 8 a.m.–4:30 p.m. Automated Information Resources also None. III. Intermediary Addresses (Hospital applies. Federal, HHS, and CMS Insurance) Appendix A.—Health Insurance Claims policies and standards include but are • Medicare Coordinator, Assoc. Hospital not limited to: all pertinent National Medicare records are maintained at the Serv. Maine (Me Bc), 2 Gannett Drive, South Institute of Standards and Technology CMS Central Office (see section 1 below for Portland, ME 04106–6911. publications; the HHS Information the address). Health Insurance Records of the • Medicare Coordinator, Anthem New Systems Program Handbook and the Medicare program can also be accessed Hampshire, 300 Goffs Falls Road, CMS Information Security Handbook. through a representative of the CMS Regional Manchester, NH 03111–0001. Office (see section 2 below for addresses). • Medicare Coordinator, BC/BS Rhode RETENTION AND DISPOSAL: Medicare claims records are also maintained Island (RI BC), 444 Westminster Street, Records are maintained in a secure by private insurance organizations that share Providence, RI 02903–3279. in administering provisions of the health • Medicare Coordinator, Empire Medicare storage area with identifiers. Records are insurance programs. These private insurance closed at the end of the fiscal year, in Services, 400 S. Salina Street, Syracuse, NY organizations, referred to as carriers and 13202. which paid, and destroyed after 6 years intermediaries, are under contract to the • Medicare Coordinator, Cooperativa, P.O. and 3 months. All claims-related Centers for Medicare & Medicaid Services Box 363428, San Juan, PR 00936–3428. records are encompassed by the and the Social Security Administration to • Medicare Coordinator, Maryland B/C, document preservation order and will perform specific tasks in the Medicare P.O. Box 4368, 1946 Greenspring Ave., be retained until notification is received program (see section three below for Timonium, MD 21093. from DOJ. addresses for intermediaries, section four for • Medicare Coordinator, Highmark, P5103, addresses for the carriers, and section five for 120 Fifth Avenue Place, Pittsburgh, PA SYSTEM MANAGER(S) AND ADDRESS: addresses for the Payment Safeguard 15222–3099. Director, Division of System Contractors). • Medicare Coordinator, United Government Services, 1515 N. Rivercenter Operations, Business Applications I. Central Office Address Management Group, Office of Dr., Milwaukee, WI 53212. • CMS Data Center, 7500 Security • Medicare Coordinator, Alabama B/C, 450 Information Services, CMS, Room N2– Boulevard, North Building, First Floor, Riverchase Parkway East, Birmingham, AL 07–27, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. 35298. Baltimore, Maryland 21244–1850. • Medicare Coordinator, Florida B/C, 532 II. CMS Regional Offices Riverside Ave., Jacksonville, FL 32202–4918. NOTIFICATION PROCEDURE: • Boston Region—Connecticut, Maine, • Medicare Coordinator, Georgia B/C, P.O. For purpose of access, the subject Massachusetts, New Hampshire, Rhode Box 9048, 2357 Warm Springs Road, individual should write to the system Island, Vermont. John F. Kennedy Federal Columbus, GA 31908. manager who will require the system Building, Room 1211, Boston, Massachusetts • Medicare Coordinator, Mississippi B/C B name, HICN, address, date of birth, and 02203. Office Hours: 8:30 a.m.–5 p.m. MS, P.O. Box 23035, 3545 Lakeland Drive, • gender, and for verification purposes, New York Region—New Jersey, New Jackson, MI 39225–3035. • the subject individual’s name (woman’s York, Puerto Rico, Virgin Islands. 26 Federal Medicare Coordinator, North Carolina B/ Plaza, Room 715, New York, New York C, P.O. Box 2291, Durham, NC 27702–2291. maiden name, if applicable), and SSN. 10007, Office Hours: 8:30 a.m.–5 p.m. • Medicare Coordinator, Palmetto GBA A/ Furnishing the SSN is voluntary, but it • Philadelphia Region—Delaware, District RHHI, 17 Technology Circle, Columbia, SC may make searching for a record easier of Columbia, Maryland, Pennsylvania, 29203–0001. and prevent delay. Virginia, West Virginia. Post Office Box 8460, • Medicare Coordinator, Tennessee B/C, Philadelphia, Pennsylvania 19101. Office 801 Pine Street, Chattanooga, TN 37402– RECORD ACCESS PROCEDURE: Hours: 8:30 a.m.–5 p.m. 2555. For purpose of access, use the same • Atlanta Region—Alabama, North • Medicare Coordinator, Anthem procedures outlined in Notification Carolina, South Carolina, Florida, Georgia, Insurance Co. (Anthem In), P.O. Box 50451,

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8115 Knue Road, Indianapolis, IN 46250– • Medicare Coordinator, Cahaba GBA, America Drive, 5400 Legacy Drive, Reston, 1936. 12052 Middleground Road, Suite A, VA 20190–6017. • Medicare Coordinator, Arkansas B/C, Savannah, GA 31419. • Medicare Coordinator, Lifecare 601 Gaines Street, Little Rock, AR 72203. • Medicare Coordinator, Florida B/S, 532 Management Partners, Mutual of Omaha • Medicare Coordinator, Group Health of Riverside Ave, Jacksonville, FL 32202–4918. Insurance Co., 6601 Little River Turnpike, Oklahoma, 1215 South Boulder, Tulsa, OK • Medicare Coordinator, Administar Suite 300, Mutual of Omaha Plaza, Omaha, 74119–2827. Federal, 9901 Linnstation Road, Louisville, NE 68175. • Medicare Coordinator, TrailBlazer, P.O. KY 40223. • Medicare Coordinator, Reliance Box 660156, Dallas, TX 75266–0156. • Medicare Coordinator, Palmetto GBA, 17 Safeguard Solutions, Inc., P.O. Box 30207, • Medicare Coordinator, Cahaba GBA, Technology Circle, Columbia, SC 29203– 400 South Salina Street, 2890 East STATION 7, 636 Grand Avenue, Des Moines, 0001. Cottonwood Pkwy., Syracuse, NY 13202. • IA 50309–2551. Medicare Coordinator, CIGNA, 2 Vantage • Medicare Coordinator, Science • Medicare Coordinator, Kansas B/C, P.O. Way, Nashville, TN 37228. Applications International, Inc., 6565 • Box 239, 1133 Topeka Ave., Topeka, KS Medicare Coordinator, Railroad Arlington Blvd., P.O. Box 100282, Falls 66629–0001. Retirement Board, 2743 Perimeter Parkway, Church, VA. • Medicare Coordinator, Nebraska B/C, Building 250, Augusta, GA 30999. • • Medicare Coordinator, California P.O. Box 3248, Main Po Station, Omaha, NE Medicare Coordinator, Cahaba GBA, Medical Review, Inc., Integriguard Division 68180–0001. Jackson Miss, P.O. Box 22545, Jackson, MI Federal Sector Civil Group, One Sansome • Medicare Coordinator, Mutual of Omaha, 39225–2545. • Street, San Francisco, CA 94104–4448. P.O. Box 1602, Omaha, NE 68101. Medicare Coordinator, Adminastar • Medicare Coordinator, Computer • Medicare Coordinator, Montana B/C, Federal (IN), 8115 Knue Road, Indianapolis, Sciences Corporation, Suite 600, 3120 P.O. Box 5017, Great Falls Div., Great Falls, IN 46250–1936. Timanus Lane, Baltimore, MD 21244. MT 59403–5017. • Medicare Coordinator, Wisconsin • Medicare Coordinator, Electronic Data • Medicare Coordinator, Noridian, 4510 Physicians Service, P.O. Box 8190, Madison, Systems (EDS), 11710 Plaza America Drive, 13th Avenue SW., Fargo, ND 58121–0001. WI 53708–8190. • • 5400 Legacy Drive, Plano, TX 75204. Medicare Coordinator, Utah B/C, P.O. Medicare Coordinator, Nationwide • Box 30270, 2455 Parleys Way, Salt Lake City, Mutual Insurance Co., P.O. Box 16788, 1 Medicare Coordinator, TriCenturion, UT 84130–0270. Nationwide Plaza, Columbus, OH 43216– L.L.C., P.O. Box 100282, Columbia, SC • Medicare Coordinator, Wyoming B/C, 6788. 29202. 4000 House Avenue, Cheyenne, WY 82003. • Medicare Coordinator, Arkansas B/S, 601 [FR Doc. E6–18612 Filed 11–3–06; 8:45 am] • Medicare Coordinator, Arizona B/C, P.O. Gaines Street, Little Rock, AR 72203. BILLING CODE 4120–03–P Box 37700, Phoenix, AZ 85069. • Medicare Coordinator, Arkansas-New • Medicare Coordinator, UGS, P.O. Box Mexico, 601 Gaines Street, Little Rock, AR 70000, Van Nuys, CA 91470–0000. 72203. DEPARTMENT OF HEALTH AND • • Medicare Coordinator, Regents BC, P.O. Medicare Coordinator, Palmetto GBA– HUMAN SERVICES Box 8110 M/S D–4A, Portland, OR 97207– DMERC, 17 Technology Circle, Columbia, SC 8110. 29203–0001. • • Centers For Medicare & Medicaid Medicare Coordinator, Premera BC, P.O. Medicare Coordinator, Trailblazer Health Services Box 2847, Seattle, WA 98111–2847. Enterprises, 901 South Central Expressway, Richardson, TX 75080. Privacy Act of 1974; Report of Modified IV. Medicare Carriers • Medicare Coordinator, Noridian, 636 • Medicare Coordinator, NHIC, 75 Sargent Grand Avenue, Des Moines, IA 50309–2551. or Altered System William Terry Drive, Hingham, MA 02044. • Medicare Coordinator, Kansas B/S, P.O. AGENCY: Department of Health and • Medicare Coordinator, B/S Rhode Island Box 239, 1133 Topeka Ave., Topeka, KS Human Services (HHS) Centers for (RI BS), 444 Westminster Street, Providence, 66629–0001. RI 02903–2790. • Medicare Coordinator, Kansas B/S–NE, Medicare & Medicaid Services (CMS). • Medicare Coordinator, Trailblazer Health P.O. Box 239, 1133 Topeka Ave., Topeka, KS ACTION: Notice of modified or altered Enterprises, Meriden Park, 538 Preston Ave., 66629–0239. system of records (SOR). Meriden, CT 06450. • Medicare Coordinator, Montana B/S, • Medicare Coordinator, Upstate Medicare P.O. Box 4309, Helena, MT 59601. SUMMARY: In accordance with the Division, 11 Lewis Road, Binghamton, NY • Medicare Coordinator, Noridian, 4305 requirements of the Privacy Act of 1974, 13902. 13th Avenue South, Fargo, ND 58103–3373. we are proposing to modify or alter a • Medicare Coordinator, Empire Medicare • Medicare Coordinator, Noridian SOR, ‘‘Carrier Medicare Claims Record Services, 2651 Strang Blvd., Yorktown Backbend (CO), 730 N. Simms #100, Golden, (CMCR) System,’’ System No. 09–70– Heights, NY 10598. CO 80401–4730. • Medicare Coordinator, Empire Medicare • Medicare Coordinator, Noridian 0501, most recently modified at 67 Services, NJ, 300 East Park Drive, Harrisburg, BCBSND (WY), 4305 13th Avenue South, Federal Register 54428 (August 22, PA 17106. Fargo, ND 58103–3373. 2002). We propose to change the name • Medicare Coordinator, Triple S, #1441 • Medicare Coordinator, Utah B/S, P.O. of this system to more closely reflect the F.D., Roosvelt Ave., Guaynabo, PR 00968. Box 30270, 2455 Parleys Way, Salt Lake City, name of the program used for the • Medicare Coordinator, Group Health UT 84130–0270. processing of Part B claims. We will Inc., 4th Floor, 88 West End Avenue, New • Medicare Coordinator, Transamerica modify the name to read: ‘‘Medicare York, NY 10023. Occidental, P.O. Box 54905, Los Angeles, CA Multi-Carrier Claims System (MCS).’’ • Medicare Coordinator, Highmark, P.O. 90054–4905. Box 89065, 1800 Center Street, Camp Hill, • Medicare Coordinator, NHIC–California, We propose to modify existing routine PA 17089–9065. 450 W. East Avenue, Chico, CA 95926. use number 1 that permits disclosure to • Medicare Coordinator, Trailblazers Part • Medicare Coordinator, Cigna, Suite 254, agency contractors and consultants to B, 11150 McCormick Drive, Executive Plaza 3150 Lake Harbor, Boise, ID 83703. include disclosure to CMS grantees who 3 Suite 200, Hunt Valley, MD 21031. • Medicare Coordinator, Cigna, Suite 506, perform a task for the agency. CMS • Medicare Coordinator, Trailblazer Health 2 Vantage Way, Nashville, TN 37228. grantees, charged with completing Enterprises, Virginia, P.O. Box 26463, V. Payment Safeguard Contractors projects or activities that require CMS Richmond, VA 23261–6463. United Medicare data to carry out that activity, are Coordinator, Tricenturion, 1 Tower Square, • Medicare Coordinator, Aspen Systems Hartford, CT 06183. Corporation, 2277 Research Blvd., Rockville, classified separate from CMS • Medicare Coordinator, Alabama B/S, 450 MD 20850. contractors and/or consultants. The Riverchase Parkway East, Birmingham, AL • Medicare Coordinator, DynCorp modified routine use will remain as 35298. Electronic Data Systems (EDS), 11710 Plaza routine use number 1. We will modify

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existing routine use number 5 that Medicare in accordance with 42 U.S.C. Social Security Act (The Act) (42 United permits disclosure to Peer Review § 1395y (b); (7) support an individual or States Code (U.S.C.) 1395u, 1395y(b), Organizations (PRO). Organizations organization for a research, evaluation, and 1395kk). previously referred to as PROs will be or epidemiological project; (8) support B. Scope of the Data Collected renamed to read: Quality Improvement litigation involving the Agency related Organizations (QIO). Information will be to this SOR; and (9) combat fraud, The system contains information on disclosed to QIOs relating to assessing waste, and abuse in certain Federally- Medicare beneficiaries who have and improving quality of care as well as funded health care programs. We have submitted claims for Supplemental proper payment of claims. The modified provided background information about Medical Insurance (SMI) benefit routine use will remain as routine use the modified system in the (Medicare Part B), or individuals whose number 5. We will delete routine use ‘‘Supplementary Information’’ section enrollment in an employer group health number 8 authorizing disclosure to below. Although the Privacy Act benefits plan covers the beneficiary. support constituent requests made to a requires only that CMS provide an Information contained in this system congressional representative. If an opportunity for interested persons to consist of request(s) for payment, authorization for the disclosure has comment on the proposed routine uses, provider billing for patient services, been obtained from the data subject, CMS invites comments on all portions prepayment plan for group Medicare then no routine use is needed. The of this notice. See ‘‘Effective Dates’’ practice dealing through a carrier, Privacy Act allows for disclosures with section for comment period. health insurance claim form, request(s) the ‘‘prior written consent’’ of the data EFFECTIVE DATES: CMS filed a modified for medical payment, explanation of subject. We will broaden the scope of or altered system report with the Chair benefits, request for claim number routine uses number 10 and 11, of the House Committee on Government verification, payment record transmittal, authorizing disclosures to combat fraud Reform and Oversight, the Chair of the statement of person regarding Medicare and abuse in the Medicare and Senate Committee on Homeland payment for medical services furnished Medicaid programs to include Security & Governmental Affairs, and deceased patient, report of prior period combating ‘‘waste’’ which refers to the Administrator, Office of Information of entitlement, itemized bills and other specific beneficiary/recipient practices and Regulatory Affairs, Office of similar documents required to support that result in unnecessary cost to all Management and Budget (OMB) on 10/ payments to beneficiaries and to Federally-funded health benefit 30/2006. To ensure that all parties have physicians and other suppliers of Part B programs. adequate time in which to comment, the services, and Medicare secondary payer We are modifying the language in the modified system, including routine records containing other party liability remaining routine uses to provide a uses, will become effective 30 days from insurance information necessary for proper explanation as to the need for the the publication of the notice, or 40 days appropriate Medicare claims payment. routine use and to provide clarity to CMS’s intention to disclose individual- from the date it was submitted to OMB II. Collection and Maintenance of Data specific information contained in this and Congress, whichever is later, unless in the System system. The routine uses will then be CMS receives comments that require alterations to this notice. A. Agency Policies, Procedures, and prioritized and reordered according to Restrictions on the Routine Use their usage. We will also take the ADDRESSES: The public should address opportunity to update any sections of comments to: CMS Privacy Officer, The Privacy Act permits us to disclose the system that were affected by the Division of Privacy Compliance, information without an individual’s recent reorganization or because of the Enterprise Architecture and Strategy consent if the information is to be used impact of the Medicare Prescription Group, Office of Information Services, for a purpose that is compatible with the Drug, Improvement, and Modernization CMS, Room N2–04–27, 7500 Security purpose(s) for which the information Act of 2003 (MMA) (Public Law 108– Boulevard, Baltimore, Maryland 21244– was collected. Any such disclosure of 173) provisions and to update language 1850. Comments received will be data is known as a ‘‘routine use.’’ The in the administrative sections to available for review at this location, by government will only release MCS correspond with language used in other appointment, during regular business information that can be associated with CMS SORs. hours, Monday through Friday from 9 an individual as provided for under The primary purpose of the SOR is to a.m.–3 p.m., eastern time zone. ‘‘Section III. Entities Who May Receive properly pay medical insurance benefits FOR FURTHER INFORMATION CONTACT: Disclosures Under Routine Use’’. Both to or on behalf of entitled beneficiaries. Monique Outerbridge, Director, Division identifiable and non-identifiable data Information in this system will also be of System Operations, Business may be disclosed under a routine use. released to: (1) Support regulatory and Applications Management Group, Office We will only disclose the minimum policy functions performed within the of Information Services, CMS, Room personal data necessary to achieve the Agency or by a contractor, consultant, or N2–07–27, 7500 Security Boulevard, purpose of MCS. CMS has the following grantee; (2) assist another Federal or Baltimore, Maryland 21244–1850. The policies and procedures concerning state agency, agency of a state telephone number is 410–786–2535 or disclosures of information that will be government, an agency established by via e-mail at maintained in the system. In general, state law, or its fiscal agent; (3) assist [email protected]. disclosure of information from the SOR third party contacts; (4) support will be approved only for the minimum SUPPLEMENTARY INFORMATION: providers and suppliers of services information necessary to accomplish the dealing through fiscal intermediaries or I. Description of the Modified System purpose of the disclosure only after carriers; (5) support Quality CMS: Improvement Organizations (QIO); (6) A. Statutory and Regulatory Basis For 1. Determines that the use or assist insurance companies and other SOR disclosure is consistent with the reason groups providing protection for their Authority for the collection and that the data is being collected, e.g., to enrollees, insurers and other groups maintenance of this system is given properly pay medical insurance benefits providing protection against medical under the provisions of sections 1842, to or on behalf of entitled beneficiaries. expenses who are primary payers to 1862(b) and 1874 of Title XVIII of the 2. Determines that:

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a. The purpose for which the to give a contractor, consultant or of welfare recipients for medical disclosure is to be made can only be grantee whatever information is insurance under section 1843 of the Act, accomplished if the record is provided necessary for the contractor or for quality control studies, for in individually identifiable form; consultant to fulfill its duties. In these determining eligibility of recipients of b. The purpose for which the situations, safeguards are provided in assistance under Titles IV, and XIX of disclosure is to be made is of sufficient the contract prohibiting the contractor, the Act, and for the complete importance to warrant the effect and/or consultant or grantee from using or administration of the Medicaid program. risk on the privacy of the individual that disclosing the information for any MCS data will be released to the state additional exposure of the record might purpose other than that described in the only on those individuals who are bring; and contract and requires the contractor, patients under the services of a c. There is a strong probability that consultant or grantee to return or Medicaid program within the state or the proposed use of the data would in destroy all information at the who are residents of that state. fact accomplish the stated purpose(s). completion of the contract. Occasionally state licensing boards 3. Requires the information recipient 2. To assist another Federal or state require access to the MCS data for to: agency, agency of a state government, an review of unethical practices or non- a. Establish administrative, technical, agency established by state law, or its professional conduct. and physical safeguards to prevent fiscal agent pursuant to agreements with We also contemplate disclosing unauthorized use of disclosure of the CMS to: information under this routine use in record; a. Contribute to the accuracy of CMS’s situations in which state auditing b. Remove or destroy at the earliest proper payment of Medicare benefits, agencies require MCS information for time all individually-identifiable b. Enable such agency to administer a auditing of Medicare eligibility information; and Federal health benefits program, or as considerations. Disclosure of c. Agree to not use or disclose the necessary to enable such agency to physicians’ customary charge data is information for any purpose other than fulfill a requirement of a Federal statute made to state audit agencies in order to the stated purpose under which the or regulation that implements a health ascertain the corrections of Title XIX information was disclosed. benefits program funded in whole or in charges and payments. CMS may enter 4. Determines that the data are valid part with Federal funds, and/or into an agreement with state auditing and reliable. c. Assist Federal/state Medicaid agencies to assist in accomplishing programs within the state. functions relating to purposes for this III. Proposed Routine Use Disclosures Other Federal or state agencies in SOR. of Data in the System their administration of a Federal health State and other governmental program may require MCS information A. Entities Who May Receive worker’s compensation agencies for the purposes of determining, Disclosures Under Routine Use working with CMS to assure that evaluating, and/or assessing cost, workers’ compensation payments are These routine uses specify effectiveness, and/or the quality of made where Medicare has erroneously circumstances, in addition to those health care services provided in the paid and workers compensation provided by statute in the Privacy Act state, to support evaluations and programs are liable. of 1974, under which CMS may release monitoring of Medicare claims information from the MCS without the information of beneficiaries, including 3. To assist third party contacts consent of the individual to whom such proper reimbursement for services (without the consent of the individuals information pertains. Each proposed provided. to whom the information pertains) in disclosure of information under these The Treasury Department may require situations where the party to be routine uses will be evaluated to ensure MCS data for investigating alleged theft, contacted has, or is expected to have that the disclosure is legally forgery, or unlawful negotiation of information relating to the individual’s permissible, including but not limited to Medicare reimbursement checks. capacity to manage his or her affairs or ensuring that the purpose of the The USPS may require MCS data for to his or her eligibility for, or an disclosure is compatible with the investigating alleged forgery or theft of entitlement to, benefits under the purpose for which the information was reimbursement checks. Medicare program and, collected. We are proposing to establish The RRB requires MCS information to a. The individual is unable to provide or modify the following routine use enable them to assist in the the information being sought (an disclosures of information maintained implementation and maintenance of the individual is considered to be unable to in the system: Medicare program. provide certain types of information 1. To support agency contractors, The SSA requires MCS data to enable when any of the following conditions consultants, or grantees, who have been them to assist in the implementation exists: the individual is confined to a engaged by the agency to assist in the and maintenance of the Medicare mental institution, a court of competent performance of a service related to this program. jurisdiction has appointed a guardian to collection and who need to have access The IRS may require MCS data for the manage the affairs of that individual, a to the records in order to perform the application of tax penalties against court of competent jurisdiction has activity. We contemplate disclosing employers and employee organizations declared the individual to be mentally information under this routine use only that contribute to Employer Group incompetent, or the individual’s in situations in which CMS may enter Health Plan or Large Group Health Plans attending physician has certified that into a contractual or similar agreement that are not in compliance with 42 the individual is not sufficiently with a third party to assist in U.S.C. 1395y (b). Disclosure under this mentally competent to manage his or accomplishing CMS function relating to routine use shall be used by state her own affairs or to provide the purposes for this system. Medicaid agencies pursuant to information being sought, the individual CMS occasionally contracts out agreements with the HHS for cannot read or write, cannot afford the certain of its functions when doing so administration of state supplementation cost of obtaining the information, a would contribute to effective and payments for determinations of language barrier exists, or the custodian efficient operations. CMS must be able eligibility for Medicaid, for enrollment of the information will not, as a matter

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of policy, provide it to the individual), purpose of establishing and maintaining c. Any employee of the Agency in his or their entitlement to Medicare benefits or or her individual capacity where the b. the data are needed to establish the health insurance plans. DOJ has agreed to represent the validity of evidence or to verify the QIOs will work to implement quality employee, or accuracy of information presented by improvement programs, provide d. The United States Government, is the individual, and it concerns one or consultation to CMS, its contractors, a party to litigation or has an interest in more of the following: the individual’s and to state agencies. QIOs will assist such litigation, and by careful review, entitlement to benefits under the the state agencies in related monitoring CMS determines that the records are Medicare program; and the amount of and enforcement efforts, assist CMS and both relevant and necessary to the reimbursement; any case in which the Carriers in program integrity litigation. evidence is being reviewed as a result of assessment, and prepare summary Whenever CMS is involved in suspected fraud, waste, and abuse, information for release to CMS. litigation, or occasionally when another program integrity, quality appraisal, or 6. To assist insurance companies, party is involved in litigation and CMS’s evaluation and measurement of program third party administrators (TPA), policies or operations could be affected activities. employers, self-insurers, managed care by the outcome of the litigation, CMS Third parties contacts require MCS organizations, other supplemental would be able to disclose information to information in order to provide support insurers, non-coordinating insurers, the DOJ, court, or adjudicatory body for the individual’s entitlement to multiple employer trusts, group health involved. benefits under the Medicare program; to plans (i.e., health maintenance 9. To assist a CMS contractor establish the validity of evidence or to organizations (HMOs) or a competitive (including, but not limited to FIs and verify the accuracy of information medical plan (CMP) with a Medicare carriers) that assists in the presented by the individual or the contract, or a Medicare-approved health administration of a CMS-administered representative of the applicant, and care prepayment plan (HCPP)), directly health benefits program, or to a grantee assist in the monitoring of Medicare or through a contractor, and other of a CMS-administered grant program, claims information of beneficiaries, groups providing protection for their when disclosure is deemed reasonably including proper reimbursement of enrollees. Information to be disclosed necessary by CMS to prevent, deter, services provided. shall be limited to Medicare entitlement discover, detect, investigate, examine, Senior citizen volunteers working in data. In order to receive the information, prosecute, sue with respect to, defend the carriers and intermediaries’ offices they must agree to: against, correct, remedy, or otherwise to assist Medicare beneficiaries’ request a. Certify that the individual about combat fraud, waste, or abuse in such for assistance may require access to whom the information is being provided programs. MCS information. is one of its insured or employees, or is Occasionally fiscal intermediary/ We contemplate disclosing insured and/or employed by another information under this routine use only carrier banks, automated clearing entity for whom they serve as a TPA; houses, value added networks (VAN), in situations in which CMS may enter b. Utilize the information solely for into a contract or grant with a third and provider banks, to the extent the purpose of processing the identified necessary transfer to provider’s party to assist in accomplishing CMS individual’s insurance claims; and functions relating to the purpose of electronic remittance advice of c. Safeguard the confidentiality of the combating fraud, waste, and abuse. Medicare payments, and with respect to data and prevent unauthorized access. provider banks, to the extent necessary Other insurers, TPAs, HMOs, and CMS occasionally contracts out to provide account management services HCPPs may require MCS information in certain of its functions when doing so to providers using this information. order to support evaluations and would contribute to effective and 4. To assist providers and suppliers of monitoring of Medicare claims efficient operations. CMS must be able services dealing through fiscal information of beneficiaries, including to give a contractor or grantee whatever intermediaries or carriers for the proper reimbursement for services information is necessary for the administration of Title XVIII of the provided. contractor or grantee to fulfill its duties. Social Security Act. 7. To support an individual or In these situations, safeguards are Providers and suppliers of services organization for a research, evaluation, provided in the contract prohibiting the require MCS information in order to or epidemiological project related to the contractor or grantee from using or establish the validity of evidence, or to prevention of disease or disability, the disclosing the information for any verify the accuracy of information restoration or maintenance of health, or purpose other than that described in the presented by the individual as it payment-related projects. contract and requiring the contractor or concerns the individual’s entitlement to MCS data will provide for research, grantee to return or destroy all benefits under the Medicare program, evaluation, and epidemiological information. including proper reimbursement for projects, a broader, longitudinal, 10. To assist another Federal agency services provided. national perspective of the status of or to an instrumentality of any Providers and suppliers of services Medicare beneficiaries. CMS anticipates governmental jurisdiction within or who are attempting to validate items on that many researchers will have under the control of the United States which the amounts included in the legitimate requests to use these data in (including any state or local annual Physician/Supplier Payment projects that could ultimately improve governmental agency), that administers, List, or other similar publications are the care provided to Medicare or that has the authority to investigate based. beneficiaries and the policy that governs potential fraud, waste, or abuse in, a 5. To Quality Improvement the care. health benefits program funded in Organizations (QIO) in connection with 8. To assist the Department of Justice whole or in part by Federal funds, when review of claims, or in connection with (DOJ), court or adjudicatory body when: disclosure is deemed reasonably studies or other review activities, a. The Agency or any component necessary by CMS to prevent, deter, conducted pursuant to Part B of Title XI thereof, or discover, detect, investigate, examine, of the Act and in performing affirmative b. Any employee of the Agency in his prosecute, sue with respect to, defend outreach activities to individuals for the or her official capacity, or against, correct, remedy, or otherwise

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combat fraud, waste, or abuse in such Management of Federal Resources, Medical Insurance (SMI) benefit programs. Appendix III, Security of Federal (Medicare Part B), or individuals whose Other agencies may require MCS Automated Information Resources also enrollment in an employer group health information for the purpose of applies. Federal, HHS, and CMS benefits plan covers the beneficiary. combating fraud, waste, and abuse in policies and standards include but are such Federally-funded programs. not limited to: all pertinent National CATEGORIES OF RECORDS IN THE SYSTEM: Institute of Standards and Technology B. Additional Circumstances Affecting Information contained in this system publications; the HHS Information Routine Use Disclosures consist of request(s) for payment, Systems Program Handbook and the provider billing for patient services, To the extent this system contains CMS Information Security Handbook. Protected Health Information (PHI) as prepayment plan for group Medicare defined by HHS regulation ‘‘Standards V. Effects of the Modified System of practice dealing through a carrier, for Privacy of Individually Identifiable Records on Individual Rights health insurance claim form, request(s) Health Information’’ (45 CFR Parts 160 CMS proposes to modify this system for medical payment, explanation of and 164, Subparts A and E) 65 FR 82462 in accordance with the principles and benefits, request for claim number (12–28–00). Disclosures of such PHI that requirements of the Privacy Act and will verification, payment record transmittal, are otherwise authorized by these collect, use, and disseminate statement of person regarding Medicare routine uses may only be made if, and information only as prescribed therein. payment for medical services furnished as, permitted or required by the Data in this system will be subject to the deceased patient, report of prior period ‘‘Standards for Privacy of Individually authorized releases in accordance with of entitlement, itemized bills and other Identifiable Health Information.’’ (See the routine uses identified in this similar documents required to support 45 CFR 164–512 (a) (1)). system of records. payments to beneficiaries and to In addition, our policy will be to CMS will take precautionary physicians and other suppliers of Part B prohibit release even of data not directly measures (see item IV above) to services, and Medicare secondary payer identifiable, except pursuant to one of minimize the risks of unauthorized records containing other party liability the routine uses or if required by law, access to the records and the potential insurance information necessary for if we determine there is a possibility harm to individual privacy or other appropriate Medicare claims payment. that an individual can be identified personal or property rights of patients through implicit deduction based on whose data are maintained in the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: small cell sizes (instances where the system. CMS will collect only that patient population is so small that information necessary to perform the Authority for the collection and individuals could, because of the small system’s functions. In addition, CMS maintenance of this system is given size, use this information to deduce the will make disclosure from the proposed under the provisions of sections 1842, identity of the beneficiary). system only with consent of the subject 1862 (b) and 1874 of Title XVIII of the Social Security Act (The Act) (42 United IV. Safeguards individual, or his/her legal representative, or in accordance with an States Code (U.S.C.) 1395u, 1395y (b), CMS has safeguards in place for applicable exception provision of the and 1395kk). authorized users and monitors such Privacy Act. CMS, therefore, does not users to ensure against unauthorized PURPOSE S OF THE SYSTEM anticipate an unfavorable effect on ( ) : use. Personnel having access to the individual privacy as a result of system have been trained in the Privacy The primary purpose of the SOR is to information relating to individuals. Act and information security properly pay medical insurance benefits requirements. Employees who maintain Dated: October 24, 2006. to or on behalf of entitled beneficiaries. records in this system are instructed not John R. Dyer, Information in this system will also be to release data until the intended Chief Operating Officer, Centers for Medicare released to: (1) support regulatory and recipient agrees to implement & Medicaid Services. policy functions performed within the Agency or by a contractor, consultant, or appropriate management, operational System No. 09–70–0501 and technical safeguards sufficient to grantee; (2) assist another Federal or protect the confidentiality, integrity and SYSTEM NAME: state agency, agency of a state availability of the information and ‘‘Medicare Multi-Carrier Claims government, an agency established by information systems and to prevent System (MCS),’’ HHS/CMS/OIS state law, or its fiscal agent; (3) assist unauthorized access. third party contacts; (4) support This system will conform to all SECURITY CLASSIFICATION: providers and suppliers of services applicable Federal laws and regulations Level Three Privacy Act Sensitive dealing through fiscal intermediaries or and Federal, HHS, and CMS policies Data. carriers; (5) support Quality Improvement Organizations (QIO); (6) and standards as they relate to SYSTEM LOCATION: information security and data privacy. assist insurance companies and other Centers for Medicare & Medicaid These laws and regulations include but groups providing protection for their Services (CMS) Data Center, 7500 are not limited to: the Privacy Act of enrollees, insurers and other groups Security Boulevard, North Building, 1974; the Federal Information Security providing protection against medical First Floor, Baltimore, Maryland 21244– Management Act of 2002; the Computer expenses who are primary payers to 1850. See Appendix A for various Fraud and Abuse Act of 1986; the Medicare in accordance with 42 U.S.C. remote sites where this system is also Health Insurance Portability and § 1395y (b); (7) support an individual or maintained. Accountability Act of 1996; the E- organization for a research, evaluation, Government Act of 2002, the Clinger- CATEGORIES OF INDIVIDUALS COVERED BY THE or epidemiological project; (8) support Cohen Act of 1996; the Medicare SYSTEM: litigation involving the Agency related Modernization Act of 2003, and the The system contains information on to this SOR; and (9) combat fraud, corresponding implementing Medicare beneficiaries who have waste, and abuse in certain Federally- regulations. OMB Circular A–130, submitted claims for Supplemental funded health care programs.

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ROUTINE USES OF RECORDS MAINTAINED IN THE of policy, provide it to the individual), c. Any employee of the agency in his SYSTEM, INCLUDING CATEGORIES OR USERS AND or or her individual capacity where the THE PURPOSES OF SUCH USES: b. The data are needed to establish the DOJ has agreed to represent the A. The Privacy Act allows us to validity of evidence or to verify the employee, or disclose information without an accuracy of information presented by d. The United States Government is a individual’s consent if the information the individual, and it concerns one or party to litigation or has an interest in is to be used for a purpose that is more of the following: The individual’s such litigation, and by careful review, compatible with the purpose(s) for entitlement to benefits under the CMS determines that the records are which the information was collected. Medicare program; and the amount of both relevant and necessary to the Any such compatible use of data is reimbursement; any case in which the litigation and that the use of such known as a ‘‘routine use.’’ The proposed evidence is being reviewed as a result of records by the DOJ, court or routine uses in this system meet the suspected fraud, waste, and abuse, adjudicatory body is compatible with compatibility requirement of the Privacy program integrity, quality appraisal, or the purpose for which the agency Act. We are proposing to establish the evaluation and measurement of program collected the records. following routine use disclosures of activities. 9. To support a CMS contractor information maintained in the system: 4. To assist providers and suppliers of (including, but not limited to fiscal 1. To support agency contractor, services dealing through fiscal intermediaries and carriers) that assists consultant or grantee who have been intermediaries or carriers for the in the administration of a CMS- engaged by the agency to assist in the administration of Title XVIII of the Act. administered health benefits program, accomplishment of a CMS function 5. To Quality Improvement or to a grantee of the CMS-administered relating to the purposes for this system Organizations (QIO) in connection with grant program, when disclosure is and who need to have access to the review of claims, or in connection with deemed reasonably necessary by CMS to records in order to assist CMS. studies or other review activities, prevent, deter, discover, detect, 2. To assist another Federal and/or conducted pursuant to Part B of Title XI investigate, examine, prosecute, sue state agency, agency of a state of the Act and in performing affirmative with respect to, defend against, correct, government, an agency established by outreach activities to individuals for the remedy, or otherwise combat fraud, state law, or its fiscal agent: purpose of establishing and maintaining waste, or abuse in such programs. 10. To support another Federal agency a. Contribute to the accuracy of CMS’ their entitlement to Medicare benefits or health insurance plans. or to an instrumentality of any proper payment of Medicare benefits, governmental jurisdiction within or b. Enable such agency to administer a 6. To assist insurance companies, third party administrators (TPA), under the control of the United States Federal health benefits program, or as (including any state or local necessary to enable such agency to employers, self-insurers, managed care organizations, other supplemental governmental agency), that administers, fulfill a requirement of a Federal statute or that has the authority to investigate or regulation that implements a health insurers, non-coordinating insurers, multiple employer trusts, group health potential fraud, waste, or abuse in, a benefits program funded in whole or in health benefits program funded in part with Federal funds, and/or plans (i.e., health maintenance organizations (HMO) or a competitive whole or in part by Federal funds, when c. Assist Federal/state Medicaid medical plan (CMP) with a Medicare disclosure is deemed reasonably programs within the state. contract, or a Medicare-approved health necessary by CMS to prevent, deter, 3. To assist third party contacts care prepayment plan (HCPP)), directly discover, detect, investigate, examine, (without the consent of the individuals or through a contractor, and other prosecute, sue with respect to, defend to whom the information pertains) in groups providing protection for their against, correct, remedy, or otherwise situations where the party to be enrollees. Information to be disclosed combat fraud, waste, or abuse in such contacted has, or is expected to have shall be limited to Medicare entitlement programs. information relating to the individual’s data. In order to receive the information, B. Additional Provisions Affecting capacity to manage his or her affairs or they must agree to: Routine Use Disclosures to his or her eligibility under the a. Certify that the individual about To the extent this system contains Medicare program and, whom the information is being provided Protected Health Information (PHI) as a. The individual is unable to provide is one of its insured or employees, or is defined by HHS regulation ‘‘Standards the information being sought (an insured and/or employed by another for Privacy of Individually Identifiable individual is considered to be unable to entity for whom the serve as a TPA; Health Information’’ (45 CFR Parts 160 provide certain types of information b. Utilize the information solely for and 164, Subparts A and E) 65 FR 82462 when any of the following conditions the purpose of processing the identified (12–28–00). Disclosures of such PHI that exists: the individual is confined to a individual’s insurance claims; and are otherwise authorized by these mental institution, a court of competent c. Safeguard the confidentiality of the routine uses may only be made if, and jurisdiction has appointed a guardian to data a prevent unauthorized access. as, permitted or required by the manage the affairs of that individual, a 7. To support an individual or ‘‘Standards for Privacy of Individually court of competent jurisdiction has organization for a research, evaluation, Identifiable Health Information.’’ (See declared the individual to be mentally or epidemiological project related to the 45 CFR 164–512(a)(1)). incompetent, or the individual’s prevention of disease or disability, the In addition, our policy will be to attending physician has certified that restoration or maintenance of health, or prohibit release even of data not directly the individual is not sufficiently payment-related projects. identifiable, except pursuant to one of mentally competent to manage his or 8. To support the Department of the routine uses or if required by law, her own affairs or to provide the Justice (DOJ), court or adjudicatory body if we determine there is a possibility information being sought, the individual when: that an individual can be identified cannot read or write, cannot afford the a. The agency or any component through implicit deduction based on cost of obtaining the information, a thereof, or small cell sizes (instances where the language barrier exists, or the custodian b. Any employee of the agency in his patient population is so small that of the information will not, as a matter or her official capacity, or individuals who are familiar with the

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enrollees could, because of the small document preservation order and will Centers for Medicare & Medicaid Services size, use this information to deduce the be retained until notification is received and the Social Security Administration to identity of the beneficiary). from DOJ. perform specific task in the Medicare program (see section three below for POLICIES AND PRACTICES FOR STORING, SYSTEM MANAGER(S) AND ADDRESS: addresses for intermediaries, section four RETRIEVING, ACCESSING, RETAINING, AND Director, Division of Systems addresses the carriers, and section five DISPOSING OF RECORDS IN THE SYSTEM: Operations, Business Applications addresses the Payment Safeguard Contractors. STORAGE: Management Group, Office of Records are maintained on paper, Information Services, CMS, 7500 I. Central Office Address computer diskette and on magnetic Security Boulevard, Room N2–07–27, CMS Data Center, 7500 Security Boulevard, storage media. Baltimore, Maryland 21244–1850. North Building, First Floor, Baltimore, Maryland 21244–1850. RETRIEVABILITY: NOTIFICATION PROCEDURE: II. CMS Regional Offices Information can be retrieved by the For purpose of access, the subject beneficiary’s name, HIC, and assigned individual should write to the system Boston Region—Connecticut, Maine, Massachusetts, New Hampshire, Rhode unique physician identification number. manager who will require the system name, HIC, address, date of birth, and Island, Vermont. John F. Kennedy Federal SAFEGUARDS: Building, Room 1211, Boston, Massachusetts sex, and for verification purposes, the 02203. Office Hours: 8:30 a.m.–5 p.m. CMS has safeguards in place for subject individual’s name (woman’s New York Region—New Jersey, New York, authorized users and monitors such maiden name, if applicable), social Puerto Rico, Virgin Islands. 26 Federal Plaza, users to ensure against unauthorized security number (SSN). Furnishing the Room 715, New York, New York 10007, use. Personnel having access to the SSN is voluntary, but it may make Office Hours: 8:30 a.m.–5 p.m. system have been trained in the Privacy searching for a record easier and prevent Philadelphia Region—Delaware, District of Act and information security delay. Columbia, Maryland, Pennsylvania, Virginia, requirements. Employees who maintain West Virginia. Post Office Box 8460, records in this system are instructed not RECORD ACCESS PROCEDURE: Philadelphia, Pennsylvania 19101. Office to release data until the intended For purpose of access, use the same Hours: 8:30 a.m.–5 p.m. Atlanta Region—Alabama, North Carolina, recipient agrees to implement procedures outlined in Notification Procedures above. Requestors should South Carolina, Florida, Georgia, Kentucky, appropriate management, operational Mississippi, Tennessee. 101 Marietta Street, and technical safeguards sufficient to also reasonably specify the record Suite 702, Atlanta, Georgia 30223, Office protect the confidentiality, integrity and contents being sought. (These Hours: 8:30 a.m.–4:30 p.m. availability of the information and procedures are in accordance with Chicago Region—Illinois, Indiana, information systems and to prevent Department regulation 45 CFR Michigan, Minnesota, Ohio, Wisconsin. Suite unauthorized access. 5b.5(a)(2)). A–824, Chicago, Illinois 60604. Office Hours: 8 a.m.–4:45 p.m. This system will conform to all CONTESTING RECORD PROCEDURES: applicable Federal laws and regulations Dallas Region—Arkansas, Louisiana, New The subject individual should contact Mexico, Oklahoma, Texas, 1200 Main Tower and Federal, HHS, and CMS policies the system manager named above, and Building, Dallas, Texas. Office Hours: 8 a.m.– and standards as they relate to reasonably identify the record and 4:30 p.m. information security and data privacy. specify the information to be contested. Kansas City Region—Iowa, Kansas, These laws and regulations include but Missouri, Nebraska. New Federal Office State the corrective action sought and are not limited to: The Privacy Act of Building, 601 East 12th Street–Room 436, the reasons for the correction with 1974; the Federal Information Security Kansas City, Missouri 64106. Office Hours: 8 supporting justification. (These Management Act of 2002; the Computer a.m.–4:45 p.m. procedures are in accordance with Fraud and Abuse Act of 1986; the Denver Region—Colorado, Montana, North Department regulation 45 CFR 5b.7). Dakota, South Dakota, Utah, Wyoming. Health Insurance Portability and Federal Office Building, 1961 Stout St–Room Accountability Act of 1996; the E- RECORD SOURCE CATEGORIES: 1185, Denver, Colorado 80294. Office Hours: Government Act of 2002, the Clinger- Sources of information contained in 8 a.m.–4:30 p.m. Cohen Act of 1996; the Medicare this records system is obtained from San Francisco Region—American Samoa, Modernization Act of 2003, and the third party agencies, Social Security Arizona, California, Guam, Hawaii, Nevada. corresponding implementing Administration’s Master Beneficiary Federal Office Building, 10 Van Ness regulations. OMB Circular A–130, Record, and CMS’s Enrollment Avenue, 20th Floor, San Francisco, California 94102. Office Hours: 8 a.m.–4:30 p.m. Management of Federal Resources, Database. Appendix III, Security of Federal Seattle Region—Alaska, Idaho, Oregon, Automated Information Resources also SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Washington. 1321 Second Avenue, Room OF THE ACT: 615, Mail Stop 211, Seattle, Washington applies. Federal, HHS, and CMS 98101. Office Hours 8 a.m.–4:30 p.m. policies and standards include but are None. not limited to: All pertinent National III. Intermediary Addresses (Hospital Appendix A.—Health Insurance Claims Institute of Standards and Technology Insurance) publications; the HHS Information Medicare records are maintained at the Medicare Coordinator, Assoc. Hospital Systems Program Handbook and the CMS Central Office (see section 1 below for Serv. Maine (ME BC), 2 Gannett Drive, South CMS Information Security Handbook. the address). Health Insurance Records of the Portland, ME 04106–6911. Medicare program can also be accessed Medicare Coordinator, Anthem New RETENTION AND DISPOSAL: through a representative of the CMS Regional Hampshire, 300 Goffs Falls Road, Records are maintained in a secure Office (see section 2 below for addresses). Manchester, NH 03111–0001. Medicare claims records are also maintained Medicare Coordinator, BC/BS Rhode Island storage area with identifiers. Records are by private insurance organizations that share (RI BC), 444 Westminster Street, Providence, closed at the end of the fiscal year, in in administering provisions of the health RI 02903–3279. which paid, and destroyed after 6 years insurance programs. These private insurance Medicare Coordinator, Empire Medicare and 3 months. All claims-related organizations, referred to as carriers and Services, 400 S. Salina Street, Syracuse, NY records are encompassed by the intermediaries, are under contract to the 13202.

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Medicare Coordinator, Cooperativa, P.O. Medicare Coordinator, Trailblazer Health Medicare Coordinator, Montana B/S, P.O. Box 363428, San Juan, PR 00936–3428. Enterprises, Meriden Park, 538 Preston Ave., Box 4309, Helena, MT 59601. Medicare Coordinator, Maryland B/C, P.O. Meriden, CT 06450. Medicare Coordinator, Nordian, 4305 13th Box 4368, 1946 Greenspring Ave., Medicare Coordinator, Upstate Medicare Avenue South, Fargo, ND 58103–3373. Timonium, MD 21093. Division, 11 Lewis Road, Binghamton, NY Medicare Coordinator, Noridian Backbend Medicare Coordinator, Highmark, P5103, 13902. (C0), 730 N. Simms #100, Golden, CO 80401– 120 Fifth Avenue Place, Pittsburgh, PA Medicare Coordinator, Empire Medicare 4730. 15222–3099. Services, 2651 Strang Blvd., Yorktown Medicare Coordinator, Noridian BCBSND Medicare Coordinator, United Government Heights, NY 10598. (WY), 4305 13th Avenue South, Fargo, ND Services, 1515 N. Rivercenter Dr., Medicare Coordinator, Empire Medicare 58103–3373. Milwaukee, WI 53212. Services, NJ, 300 East Park Drive, Harrisburg, Medicare Coordinator, Utah B/S, P.O. Box Medicare Coordinator, Alabama B/C, 450 PA 17106. 30270, 2455 Parleys Way, Salt Lake City, UT Riverchase Parkway East, Birmingham, AL Medicare Coordinator, Triple S, #1441 84130–0270. 35298. F.D., Roosvelt Ave., Guaynabo, PR 00968. Medicare Coordinator, Transamerica Medicare Coordinator, Florida B/C, 532 Medicare Coordinator, Group Health Inc., Occidental, P.O. Box 54905, Los Angeles, CA Riverside Ave., Jacksonville, FL 32202–4918. 4th Floor, 88 West End Avenue, New York, 90054–4905. Medicare Coordinator, Georgia B/C, P.O. NY 10023. Medicare Coordinator, NHIC-California, Box 9048, 2357 Warm Springs Road, Medicare Coordinator, Highmark, P.O. Box 450 W. East Avenue, Chico, CA 95926. Columbus, GA 31908. 89065, 1800 Center Street, Camp Hill, PA Medicare Coordinator, Cigna, Suite 254, Medicare Coordinator, Mississippi B/C B 17089–9065. 3150 Lake Harbor, Boise, ID 83703. MS, P.O. Box 23035, 3545 Lakeland Drive, Medicare Coordinator, Trailblazers Part B, Medicare Coordinator, Cigna, Suite 506, 2 Jackson, MI 39225–3035. 11150 McCormick Drive, Executive Plaza 3 Vantage Way, Nashville, TN 37228. Medicare Coordinator, North Carolina B/C, Suite 200, Hunt Valley, MD 21031. V. Payment Safeguard Contractors P.O. Box 2291, Durham, NC 27702–2291. Medicare Coordinator, Trailblazer Health Medicare Coordinator, Palmetto GBA A/ Enterprises, Virginia, P.O. Box 26463, Medicare Coordinator, Aspen Systems RHHI, 17 Technology Circle, Columbia, SC Richmond, VA 23261–6463. United Medicare Corporation, 2277 Research Blvd., Rockville, Coordinator, Tricenturion, 1 Tower Square, 29203–0001. MD 20850. Hartford, CT 06183. Medicare Coordinator, Tennessee B/C, 801 Medicare Coordinator, DynCorp Electronic Medicare Coordinator, Alabama B/S, 450 Pine Street, Chattanooga, TN 37402–2555. Data Systems (EDS), 11710 Plaza America Riverchase Parkway East, Birmingham, AL Medicare Coordinator, Anthem Insurance Drive, 5400 Legacy Drive, Reston, VA 20190– 35298. 6017. Co. (Anthem In), P.O. Box 50451, 8115 Knue Medicare Coordinator, Cahaba GBA, 12052 Road, Indianapolis, IN 46250–1936. Medicare Coordinator, Lifecare Middleground Road, Suite A, Savannah, GA Management Partners Mutual of Omaha Medicare Coordinator, Arkansas B/C, 601 31419. Insurance Co., 6601 Little River Turnpike, Gaines Street, Little Rock, AR 72203. Medicare Coordinator, Florida B/S, 532 Suite 300, Mutual of Omaha Plaza, Omaha, Medicare Coordinator, Group Health Of Riverside Ave, Jacksonville, FL 32202–4918. NE 68175. Oklahoma, 1215 South Boulder, Tulsa, OK Medicare Coordinator, Administar Federal, Medicare Coordinator, Reliance Safeguard 74119–2827. 9901 Linnstation Road, Louisville, KY 40223. Solutions, Inc., P.O. Box 30207, 400 South Medicare Coordinator, TrailBlazer, P.O. Medicare Coordinator, Palmetto GBA, 17 Salina Street, 2890 East Cottonwood Pkwy., Box 660156, Dallas, TX 75266–0156. Technology Circle, Columbia, SC 29203– Syracuse, NY 13202. Medicare Coordinator, Cahaba GBA, 0001. Medicare Coordinator, Science Station 7, 636 Grand Avenue, Des Moines, IA Medicare Coordinator, CIGNA, 2 Vantage 50309–2551. Way, Nashville, TN 37228. Applications International, Inc., 6565 Medicare Coordinator, Kansas B/C, P.O. Medicare Coordinator, Railroad Retirement Arlington Blvd. P.O. Box 100282, Falls Box 239, 1133 Topeka Ave., Topeka, KS Board, 2743 Perimeter Parkway, Building Church, VA. 66629–0001. 250, Augusta, GA 30999. Medicare Coordinator, California Medical Medicare Coordinator, Nebraska B/C, P.O. Medicare Coordinator, Cahaba GBA, Review, Inc., Integriguard Division Federal Box 3248, Main Po Station, Omaha, NE Jackson Miss, P.O. Box 22545, Jackson, MI Sector Civil Group, One Sansome Street, San 68180–0001. 39225–2545. Francisco, CA 94104–4448. Medicare Coordinator, Mutual Of Omaha, Medicare Coordinator, Adminastar Federal Medicare Coordinator, Computer Sciences P.O. Box 1602, Omaha, NE 68101. (IN), 8115 Knue Road, Indianapolis, IN Corporation, Suite 600, 3120 Timanus Lane, Medicare Coordinator, Montana B/C, P.O. 46250–1936. Baltimore, MD 21244. Box 5017, Great Falls Div., Great Falls, MT Medicare Coordinator, Wisconsin Medicare Coordinator, Electronic Data 59403–5017. Physicians Service, P.O. Box 8190, Madison, Systems (EDS), 11710 Plaza America Drive, Medicare Coordinator, Noridian, 4510 13th WI 53708–8190. 5400 Legacy Drive, Plano, TX 75204. Avenue S.W., Fargo, ND 58121–0001. Medicare Coordinator, Nationwide Mutual Medicare Coordinator, TriCenturion, Medicare Coordinator, Utah B/C, P.O. Box Insurance Co., P.O. Box 16788, 1 Nationwide L.L.C., P.O. Box 100282, Columbia, SC 30270, 2455 Parleys Way, Salt Lake City, UT Plaza, Columbus, OH 43216–6788. 29202. 84130–0270. Medicare Coordinator, Arkansas B/S, 601 [FR Doc. E6–18613 Filed 11–3–06; 8:45 am] Medicare Coordinator, Wyoming B/C, 4000 Gaines Street, Little Rock, AR 72203. BILLING CODE 4120–03–P House Avenue, Cheyenne, WY 82003. Medicare Coordinator, Arkansas-New Medicare Coordinator, Arizona B/C, P.O. Mexico, 601 Gaines Street, Little Rock, AR Box 37700, Phoenix, AZ 85069. 72203. DEPARTMENT OF HEALTH AND Medicare Coordinator, UGS, P.O. Box Medicare Coordinator, Palmetto GBA– HUMAN SERVICES 70000, Van Nuys, CA 91470–0000. DMERC, 17 Technology Circle, Columbia, SC Medicare Coordinator, Regents BC, P.O. 29203–0001. Health Resources and Services Box 8110 M/S D–4A, Portland, OR 97207– Medicare Coordinator, Trailblazer Health 8110. Enterprises, 901 South Central Expressway, Administration Medicare Coordinator, Premera BC, P.O. Richardson, TX 75080. Box 2847, Seattle, WA 98111–2847. Medicare Coordinator, Nordian, 636 Grand Agency Information Collection Avenue, Des Moines, IA 50309–2551. Activities: Proposed Collection: IV. Medicare Carriers Medicare Coordinator, Kansas B/S, P.O. Comment Request Medicare Coordinator, NHIC, 75 Sargent Box 239, 1133 Topeka Ave., Topeka, KS William Terry Drive, Hingham, MA 02044. 66629–0001. In compliance with the requirement Medicare Coordinator, B/S Rhode Island Medicare Coordinator, Kansas B/S–NE, for opportunity for public comment on (RI BS), 444 Westminster Street, Providence, P.O. Box 239, 1133 Topeka Ave., Topeka, KS proposed data collection projects RI 02903–2790. 66629–0239. (section 3506(c)(2)(A) of Title 44, United

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States Code, as amended by the whether the information shall have that contain notification, reporting and Paperwork Reduction Act of 1995, Pub. practical utility; (b) the accuracy of the recordkeeping requirements to insure L. 104–13), the Health Resources and agency’s estimate of the burden of the that the lenders, holders and schools Services Administration (HRSA) proposed collection of information; (c) participating in the HEAL program publishes periodic summaries of ways to enhance the quality, utility, and follow sound management procedures proposed projects being developed for clarity of the information to be in the administration of federally- submission to Office of Management collected; and (d) ways to minimize the insured student loans. While the and Budget (OMB) under the Paperwork burden of the collection of information regulatory requirements are approved Reduction Act of 1995. To request more on respondents, including through the under the OMB number referenced information on the proposed project or use of automated collection techniques above, much of the burden associated to obtain a copy of the data collection or other forms of information with the regulations is cleared under plans and draft instruments, call the technology. separate OMB numbers for the HEAL HRSA Reports Clearance Officer on Proposed Project: The Health Education forms and electronic submissions used (301) 443–1129. Assistance Loan (HEAL) Program to report required information. The table Comments are invited on: (a) Whether Regulations (OMB No. 0915–0108) below provides the estimate of burden the proposed collection of information Extension for the remaining regulations. is necessary for the proper performance The Health Education Assistance The estimates of burden are as of the functions of the agency, including Loan (HEAL) Program has regulations follows:

REPORTING REQUIREMENTS

No. of Total Hours per Total burden No. of respondents transactions transactions response hours

17 Holders ...... 5 78 12 Min ...... 17 190 Schools ...... 4 76 10 Min ...... 13

Total Reporting ...... 30

NOTIFICATION REQUIREMENTS

No. of Total Hours per Total burden No. of respondents transactions transactions response hours

7,930 Borrowers ...... 1 7,930 10 Min ...... 1,322 17 Holders ...... 7,910 134,470 10 Min ...... 22,412 190 Schools ...... 89 170 14 Min ...... 40

Total Notification ...... 23,774

RECORDKEEPING REQUIREMENTS

No. of Total Hours per Total burden No. of respondents transactions transactions response hours

17 Holders ...... 3,568 60,656 14 Min ...... 14,153 190 Schools ...... 257 48,830 15 Min ...... 12,208

Total Recordkeeping ...... 26,361

Total ...... 50,165

Send comments to Susan G. Queen, DEPARTMENT OF HEALTH AND Place: Audio Conference Call, PhD, HRSA Reports Clearance Officer, HUMAN SERVICES Telephone: 1–866–727–1333, Password: Room 10–33, Parklawn Building, 5600 7822925. Fishers Lane, Rockville, MD 20857. Health Resources and Services Status: The meeting will be open to Written comments should be received Administration the public. within 60 days of this notice. National Advisory Council on Migrant Purpose: The purpose of the meeting Dated: October 31, 2006. Health; Notice of Meeting is to discuss services and issues related to the health of migrant and seasonal Cheryl R. Dammons, In accordance with section 10(a)(2) of farmworkers and their families to be Director, Division of Policy Review and the Federal Advisory Committee Act able to formulate recommendations to Coordination. (Pub. L. 92–463), notice is hereby given the Secretary of Health and Human [FR Doc. E6–18620 Filed 11–3–06; 8:45 am] of the following meeting: Services. BILLING CODE 4165–15–P Name: National Advisory Council on Agenda: The agenda includes an Migrant Health. overview of the Council’s general Date and Time: November 15, 2006, 1 business activities. The Council will p.m. to 3:30 p.m. (Eastern Time). also hear presentations from experts on

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farmworker issues, including the status please call or e-mail Anita Allen, PhD, p.m. The meeting may close early if all of farmworkers health at the local and NAIS Environmental Manager, at 202– business is finished. Written material national level. 475–3292 or [email protected]. If and requests to make oral presentations Agenda items are subject to change as you have questions on viewing the should reach the Coast Guard on or priorities indicate. docket, call Ms. Andrea M. Jenkins, before November 1, 2006. Any material For Further Information Contact: Program Manager, Docket Operations at requested to be distributed to each Anyone requiring information regarding 202–366–0271. member of the Committee should reach the Council should contact Gladys Cate, SUPPLEMENTARY INFORMATION: the Coast Guard on or before November Office of Minority and Special 1, 2006. Background and Purpose Populations, Bureau of Primary Health ADDRESSES: NMSAC will meet at the Care, Health Resources and Services The Environmental Protection Agency Fairfax Marriott at Fair Oaks Hotel, Administration, 5600 Fishers Lane, issued a Notice of Availability of the 11787 Lee Jackson Memorial Highway, Parklawn Building, Room 15–99, final PEIS in the Federal Register on Fairfax, Virginia, 22033. Send written Rockville, Maryland 20857, telephone October 6, 2006 (71 FR 59105). As material and requests to make oral (301) 594–0367. supported by the analysis in the PEIS, presentations to Mr. Ike Eisentrout, Dated: October 31, 2006. the USCG has decided to implement the Commandant (G–PCP–1), NMSAC Cheryl R. Dammons, proposed NAIS project consistent with Executive Assistant, U.S. Coast Guard the Preferred Alternative of using AIS Director, Division of Policy Review and Headquarters, Room 5302, 2100 Second Coordination. based technology and a combination of St., SW., Washington, DC 20593–0001. the following coverage mechanisms: [FR Doc. E6–18626 Filed 11–3–06; 8:45 am] This notice is available on the Internet Establishing a combination of collocated at http://dms.dot.gov. BILLING CODE 4165–15–P and newly built shore-based RF sites for short-range AIS coverage; leasing FOR FURTHER INFORMATION CONTACT: Mr. commercial satellite services for long- Ike Eisentrout, NMSAC Executive DEPARTMENT OF HOMELAND range AIS coverage; and installing AIS Assistant, telephone 202–372–1119, fax SECURITY equipment on existing offshore oil and 202–372–1905. gas platforms and data buoys for SUPLEMENTARY INFORMATION: Notice of Coast Guard supplemental long-range coverage. the meeting is given pursuant to the [USCG–2005–22837] Implementation of the proposed NAIS Federal Advisory Committee Act, 5 project through the Preferred U.S.C. App. 2 (Pub. L. 92–463, 86 Stat. Nationwide Automatic Identification Alternative would ensure that the USCG 770 as amended). System, Final Programmatic satisfies the purpose and need for NAIS. Agenda of Meeting Environmental Impact Statement The Preferred Alternative Record of Decision implementation approach will offer The agenda includes the following: siting flexibility that will help mitigate (1) Welcome and opening remarks; AGENCY: U.S. Coast Guard, Department introduction of new Executive of Homeland Security. or minimize the potential for environmental impacts, and allow the Assistant. ACTION: Notice of availability. USCG to maximize the use of existing (2) Approval of Minutes from 25 July SUMMARY: The U.S. Coast Guard (USCG) infrastructure to meet coverage 2006 NMSAC Meeting and 13 announces the availability of the Record requirements. September 2006 NMSAC Teleconference. of Decision (ROD) for the Nationwide Dated: October 30, 2006. (3) Updates from several working Automatic Identification System (NAIS) J.P. Currier, final Programmatic Environmental groups to include: Cruise Ship Rear Admiral, United Stated Coast Guard, Regulations, Report and analysis of the Impact Statement (PEIS). The NAIS is Assistant Commandant for Acquisition. being implemented pursuant to the TSA/DoD Seal User’s Guide, MTSA [FR Doc. E6–18653 Filed 11–3–06; 8:45 am] Subchapter H Recommendations, Report Maritime Transportation Security Act of BILLING CODE 4910–15–P 2002, and will include installation of and comments on the Maritime Modal Automatic Identification System (AIS) Implementation Annex. (4) Miscellaneous Updates on: equipment and related support systems DEPARTMENT OF HOMELAND Maritime Sector Coordinating Council on and around communications towers SECURITY or other structures along 95,000 miles of concept; Report on the Transportation coastline and inland rivers. The project Coast Guard Workers Identification Card initiative; Potential initiatives for the next will enable detection and identification [USCG–2006–26256] of vessels carrying (AIS) equipment to International Maritime Organization council; Report on the National enhance maritime domain awareness. National Maritime Security Advisory Maritime Recovery Symposium; ADDRESSES: The ROD and final PEIS are Committee Refresher training for committee available for viewing online at the AGENCY: Coast Guard, DHS. members on use of Homeport. DOT’s docket management Web site: ACTION: Notice of meeting. (5) Public Comments. http://dms.dot.gov under docket number (6) New Committee Action Items. 22837. A copy of the ROD and final SUMMARY: The National Maritime (7) Closing Remarks. PEIS can also be obtained on the NAIS Security Advisory Committee (NMSAC) project Web site: http://www.uscg.mil/ will hold a meeting to discuss various Procedural hq/g-a/AIS/ or by contacting Anita issues relating to national maritime The meeting is open to the public. Allen, PhD, NAIS Environmental security. This notice announces the However, participation in NMSAC Manager, at 202–474–3292 or date, time, and location for the meeting deliberations is limited to NMSAC [email protected]. of the NMSAC. members, Department of Homeland FOR FURTHER INFORMATION CONTACT: If DATES: NMSAC will meet on Tuesday, Security officials, and persons attending you have questions on this notice, November 14, 2006, from 1 p.m. to 5 the meeting for special presentations.

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Please note that the meeting may close Service, Minerals Revenue Management, produce, and dispose of minerals from early if all business is finished. The P.O. Box 25165, MS 302B2, Denver, Federal or Indian lands, that company Fairfax Marriott Hotel is a public Colorado 80225. If you use an overnight or individual agrees to pay the lessor a facility, but persons attending should be courier service or wish to hand-carry share (royalty) of the value received ready to show a photo identification your comments, our courier address is from production from the leased lands. card for admittance to the meeting. At Building 85, Room A–614, Denver The lease creates a business relationship the Chair’s discretion, members of the Federal Center, West 6th Ave. and between the lessor and the lessee. The public may make oral presentations Kipling Blvd., Denver, Colorado 80225. lessee is required to report various kinds during the meeting. If you would like to You may also e-mail your comments to of information to the lessor relative to make an oral presentation at the us at [email protected]. Include the disposition of the leased minerals. meeting, please notify the NMSAC the title of the information collection Such information is similar to data Executive Assistant no later than and the OMB control number in the reported to private and public mineral November 1, 2006. If you would like a ‘‘Attention’’ line of your comment. Also interest owners and is generally copy of your material distributed to include your name and return address. available within the records of the each member of the Committee in If you do not receive a confirmation that lessee or others involved in developing, advance of the meeting, please submit we have received your e-mail, contact transporting, processing, purchasing, or 25 copies to the Executive Assistant no Ms. Gebhardt at (303) 231–3211. selling of such minerals. The later than November 1, 2006. FOR FURTHER INFORMATION CONTACT: information collected includes data Sharron L. Gebhardt, telephone (303) necessary to ensure that the royalties are Information on Services for Individuals 231–3211, FAX (303) 231–3781, or paid appropriately. With Disabilities e-mail [email protected]. The Bureau of Land Management, the For information on facilities or SUPPLEMENTARY INFORMATION: surface management agency for Federal services for individuals with disabilities Title: 30 CFR 216.57 Stripper Royalty onshore leases, granted royalty rate or to request special assistance at the Rate Reduction Notification. reductions to operators of stripper oil meeting, contact the Executive Assistant OMB Control Number: 1010–0090. properties producing an average of less as soon as possible. Bureau Form Number: Form MMS– than 15 barrels of oil per eligible well 4377, Stripper Royalty Rate Reduction Tina L. Burke, per well-day for applicable sales periods Notification. from October 1, 1992 through January Commander, U.S. Coast Guard, Acting Chief, Abstract: The Secretary of the U.S. Office of Port and Facility Activities, 31, 2006. See 43 CFR 3103.4–2. The Department of the Interior is responsible purpose of these royalty rate reductions Designated Federal Official, NMSAC. for collecting royalties from lessees who [FR Doc. E6–18681 Filed 11–3–06; 8:45 am] was to encourage continued production, produce minerals from leased Federal provide an incentive for enhanced oil BILLING CODE 4910–15–P and Indian lands. The Secretary is recovery projects, discourage required by various laws to manage abandonment of properties producing mineral resources production on an average of less than 15 barrels of oil DEPARTMENT OF THE INTERIOR Federal and Indian lands, collect the per eligible well per well-day, and royalties due, and distribute the funds reduce the operator’s expenses. The Minerals Management Service in accordance with those laws. royalty rate for a stripper oil property The Secretary also has a trust was lower than the royalty rate reflected Agency Information Collection responsibility to manage Indian lands Activities: Proposed Collection, and seek advice and information from in the lease and thus reduced the Comment Request Indian beneficiaries. The MMS performs amount of revenues paid to the Federal the royalty management functions and Government. AGENCY: Minerals Management Service Reporters used the Form MMS–4377 (MMS), Interior. assists the Secretary in carrying out the Department’s trust responsibility for to notify MMS of royalty rate changes ACTION: Notice of an extension of a Indian lands. for production through January 31, currently approved information The Federal Oil and Gas Royalty 2006. Operators submitted an initial collection (OMB Control Number 1010– Management Act (FOGRMA) of 1982, 30 Form MMS–4377 when a new property 0090). U.S.C. 1701 et seq., states in Section qualified as a stripper oil property. 101(a) that the Secretary ‘‘* * * shall Reporters submitted Form MMS–4377 SUMMARY: To comply with the establish a comprehensive inspection, to notify MMS of a royalty rate Paperwork Reduction Act of 1995 collection, and fiscal and production reduction that was lower than the initial (PRA), we are inviting comments on a accounting and auditing system to royalty rate reduction on an existing collection of information that we will provide the capability to accurately stripper oil property (out-year submit to the Office of Management and determine oil and gas royalties, interest, notification). The decision to request an Budget (OMB) for review and approval. fines, penalties, fees, deposits, and other initial royalty rate reduction was The information collection request (ICR) payments owed, and collect and voluntary; however, failure to timely concerns the paperwork requirements in account for such amounts in a timely submit the out-year notification resulted the regulations under 30 CFR part 216, manner.’’ The persons or entities in the royalty rate change being denied. subpart B. The title of this ICR is 30 CFR described at 30 U.S.C. 1713 are required Although the benefits under 43 CFR 216.57 Stripper Royalty Rate Reduction to make reports and provide reasonable 3103.4–2 terminated effective February Notification. The form associated with information as defined by the Secretary. 1, 2006, MMS continues to verify this ICR is Form MMS–4377, Stripper Applicable public laws pertaining to submitted notifications and sometimes Royalty Rate Reduction Notification. mineral leases on Federal and Indian requires the operator to submit an DATES: Submit written comments on or lands are located on our Web site at amended notification. before January 5, 2007. http://www.mrm.mms.gov/Laws_R_D/ Proprietary information submitted to ADDRESSES: Submit written comments PublicLawsAMR.htm. MMS under this collection is protected, to Sharron L. Gebhardt, Lead Regulatory When a company or an individual and no items of a sensitive nature are Specialist, Minerals Management enters into a lease to explore, develop, collected. The requirement to respond is

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required to obtain the benefit of a less than 15 barrels of oil per eligible performed in the normal course of royalty rate reduction. well per well-day. business and considered usual and Frequency: As requested by MMS. Estimated Annual Reporting and customary. The following chart shows Recordkeeping ‘‘Hour’’ Burden: 180 the estimated burden hours by CFR Estimated Number and Description of hours. section and paragraph: Respondents: 150 operators of stripper We have not included in our oil properties producing an average of estimates certain requirements

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Average number 30 CFR 216 Subpart B Reporting and recordkeeping requirement Hour burden of annual Annual burden responses hours

216.57 ...... Stripper royalty rate reduction notification ...... 1.2 150 180 In accordance with its regulations at 43 CFR 3103.4–1, titled ‘‘Waiver, suspension, or reduction of rental, royalty, or minimum royalty,’’ the Bureau of Land Management (BLM) may grant reduced royalty rates to operators of low producing oil leases to encourage continued production. Opera- tors who have been granted a reduced royalty rate(s) by BLM must submit a Stripper Royalty Rate Reduction Notification (Form MMS–4377) to MMS for each 12-month qualifying period that a reduced royalty rate(s) is granted. [58 FR 64903, Dec. 10, 1993] Please note the BLM citation and title changed to 43 CFR 3103.4–2 Stripper well royalty reductions

Total Burden ...... 150 180

Estimated Annual Reporting and collection of information. If you have Public Comment Policy: We will post Recordkeeping ‘‘Non-hour Cost’’ costs to generate, maintain, and disclose all comments in response to this notice Burden: We have identified no ‘‘non- this information, you should comment on our Web site at http:// hour cost’’ burden associated with the and provide your total capital and www.mrm.mms.gov/Laws_R_D/ collection of information. startup cost components or annual FRNotices/FRInfColl.htm. We also will Public Disclosure Statement: The PRA operation, maintenance, and purchase make copies of the comments available (44 U.S.C. 3501 et seq.) provides that an of service components. You should for public review, including names and agency may not conduct or sponsor, and describe the methods you use to addresses of respondents, during regular a person is not required to respond to, estimate major cost factors, including business hours at our offices in a collection of information unless it system and technology acquisition, Lakewood, Colorado. Upon request, we displays a currently valid OMB control expected useful life of capital will withhold an individual number. equipment, discount rate(s), and the respondent’s home address from the Comments: Before submitting an ICR period over which you incur costs. public record, as allowable by law. to OMB, PRA Section 3506(c)(2)(A) Capital and startup costs include, There also may be circumstances in requires each agency ‘‘* * * to provide among other items, computers and which we would withhold a notice * * * and otherwise consult software you purchase to prepare for respondent’s identity, as allowable by with members of the public and affected collecting information; monitoring, law. If you request that we withhold agencies concerning each proposed sampling, and testing equipment; and your name and/or address, state your collection of information * * *.’’ record storage facilities. Generally, your request prominently at the beginning of Agencies must specifically solicit estimates should not include equipment your comment. However, we will not comments to: (a) Evaluate whether the or services purchased: (i) Before October proposed collection of information is 1, 1995; (ii) to comply with consider anonymous comments. We necessary for the agency to perform its requirements not associated with the will make all submissions from duties, including whether the information collection; (iii) for reasons organizations or businesses, and from information is useful; (b) evaluate the other than to provide information or individuals identifying themselves as accuracy of the agency’s estimate of the keep records for the Government; or (iv) representatives or officials of burden of the proposed collection of as part of customary and usual business organizations or businesses, available information; (c) enhance the quality, or private practices. for public inspection in their entirety. usefulness, and clarity of the We will summarize written responses MMS Information Collection information to be collected; and (d) to this notice and address them in our Clearance Officer: Arlene Bajusz (202) minimize the burden on the ICR submission for OMB approval, 208–7744. including appropriate adjustments to respondents, including the use of Dated: October 24, 2006. automated collection techniques or the estimated burden. We will provide other forms of information technology. a copy of the ICR to you without charge Lucy Querques Denett, The PRA also requires agencies to upon request. The ICR also will be Associate Director for Minerals Revenue estimate the total annual reporting posted on our Web site at http:// Management. ‘‘non-hour cost’’ burden to respondents www.mrm.mms.gov/Laws_R_D/ [FR Doc. E6–18665 Filed 11–3–06; 8:45 am] or recordkeepers resulting from the FRNotices/FRInfColl.htm. BILLING CODE 4310–MR–P

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DEPARTMENT OF THE INTERIOR responsibility to manage Indian lands information unless it displays a and seek advice and information from currently valid OMB control number. Minerals Management Service Indian beneficiaries. The MMS performs Before submitting an ICR to OMB, PRA the royalty management functions and Section 3506(c)(2)(A) requires each Agency Information Collection assists the Secretary in carrying out the agency ‘‘* * * to provide notice * * * Activities: Proposed Collection, Department’s Indian trust responsibility. and otherwise consult with members of Comment Request The MMS frequently provides the public and affected agencies AGENCY: Minerals Management Service training and outreach to our concerning each proposed collection of (MMS), Interior. constituents to facilitate their information * * *.’’ Agencies must compliance with laws and regulations specifically solicit comments to: (a) ACTION: Notice of an extension of a and to ensure that they are well currently approved information Evaluate whether the proposed informed. We present training sessions collection of information is necessary collection (OMB Control Number 1010– to oil and gas and solid minerals for the agency to perform its duties, 0110). reporters on various aspects of royalty including whether the information is SUMMARY: To comply with the reporting, production reporting, and useful; (b) evaluate the accuracy of the Paperwork Reduction Act of 1995 valuation. Additionally, we provide agency’s estimate of the burden of the (PRA), we are inviting comments on a training sessions to our financial and proposed collection of information; (c) collection of information that we will systems contractors, state and tribal enhance the quality, usefulness, and submit to the Office of Management and auditors, and MMS employees. We clarity of the information to be Budget (OMB) for review and approval. provide instructor-led or computer- collected; and (d) minimize the burden The information collection request (ICR) based training. We use the training and on the respondents, including the use of is titled ‘‘Training and Outreach outreach evaluation form to survey our automated collection techniques or Evaluation.’’ The form associated with customers and to improve our training other forms of information technology. this collection is Form MMS–4420A–F, and outreach efforts, as directed in The PRA also requires agencies to Training and Outreach Evaluation. Executive Order 12862, Setting estimate the total annual reporting ‘‘non-hour cost’’ burden to respondents DATES: Submit written comments on or Customer Service Standards (September before January 5, 2007. 11, 1993). or recordkeepers resulting from the We ask participants to complete and collection of information. We have not ADDRESSES: Submit written comments return an evaluation form during the identified non-hour cost burdens for to Sharron L. Gebhardt, Regulatory last few minutes of each training or this information collection. If you have Specialist, Minerals Management outreach session or upon completion of costs to generate, maintain, and disclose Service, Minerals Revenue Management, computer-based training. Participant this information, you should comment P.O. Box 25165, MS 302B2, Denver, response is voluntary. Some questions and provide your total capital and Colorado 80225. If you use an overnight are uniform across all of the evaluation startup cost components or annual courier service, our courier address is forms; however, some questions are operation, maintenance, and purchase Building 85, Room A–614, Denver specific to the audience or to each type of service components. You should Federal Center, 6th Ave. and Kipling of training or outreach. describe the methods you use to Blvd., Denver, Colorado 80225. Please The MMS collects this information estimate major cost factors, including also send a copy of your comments to using Form MMS–4420A–F, Training system and technology acquisition, MMS via e-mail at and Outreach Evaluation. No expected useful life of capital [email protected]. Include the proprietary information is submitted to equipment, discount rate(s), and the title of the information collection and MMS under this collection, and no period over which you incur costs. the OMB control number in the items of a sensitive nature are collected. Capital and startup costs include, ‘‘Attention’’ line of your comment. Also The requirement to respond is among other items, computers and include your name and return address. voluntary. software you purchase to prepare for If you do not receive a confirmation that Frequency of Response: On occasion. collecting information; monitoring, we have received your e-mail, contact Estimated Number and Description of sampling, and testing equipment; and Sharron L. Gebhardt at (303) 231–3211. Respondents: 2,500 industry record storage facilities. Generally, your FOR FURTHER INFORMATION CONTACT: representatives, state and tribal auditors, estimates should not include equipment Sharron L. Gebhardt, telephone (303) MMS contractors, and MMS employees. or services purchased: (i) Before October 231–3211, FAX (303) 231–3781, or e- Estimated Annual Reporting and 1, 1995; (ii) to comply with mail [email protected]. Recordkeeping ‘‘Hour’’ Burden: 400 requirements not associated with the SUPPLEMENTARY INFORMATION: hours. information collection; (iii) for reasons Title: Training and Outreach Each part of the form requires 9 to 10 other than to provide information or Evaluation. minutes to complete, based on the keep records for the Government; or (iv) OMB Control Number: 1010–0110. estimate used for the previous renewal as part of customary and usual business Bureau Form Number: Form MMS– of 9.6 minutes per evaluation or or private practices. 4420A–F. response. We calculated the burden We will summarize written responses Abstract: The Secretary of the U.S. hours, as follows: 2,500 respondents × to this notice and address them in our Department of the Interior is responsible 9.6 minutes = 24,000 minutes / 60 ICR submission for OMB approval, for collecting royalties from lessees who minutes = 400 hours. including appropriate adjustments to produce minerals from leased Federal Estimated Annual Reporting and the estimated burden. We will provide and Indian lands. The Secretary is Recordkeeping ‘‘Non-hour Cost’’ a copy of the ICR to you without charge required by various laws to manage Burden: We have identified no ‘‘non- upon request, and the ICR will also be mineral resources production on hour cost’’ burdens. posted on our Web site at http:// Federal and Indian lands, collect the Comments: The PRA (44 U.S.C. 3501, www.mrm.mms.gov/Laws_R_D/ royalties due, and distribute the funds et seq.) provides an agency may not FRNotices/FRInfColl.htm. in accordance with those laws. The conduct or sponsor, and a person is not Public Comment Policy: We will post Secretary also has an Indian trust required to respond to, a collection of all comments in response to this notice

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on our Web site at http:// or faxed comments should be submitted Delaware County www.mrm.mms.gov/Laws_R_D/ by November 21, 2006. Bloomville Methodist Episcopal Church, 35 FRNotices/FRInfColl.htm. We will also Church St., Bloomville, 06001080 John W. Roberts, make copies of the comments available Acting Chief, National Register/National Monroe County for public review, including names and Historic Landmarks Program. Garbuttsville Cemetery, Union St., Garbutt, addresses of respondents, during regular 06001077 business hours at our offices in CALIFORNIA Orange County Lakewood, Colorado. Individual Alameda County respondents may request we withhold Checkerboard Inn, 1292 Orange Turnpike, California Memorial Stadium, Bet. Piedmont Monroe, 06001078 their home address from the public Ave., Stadium Rim Way, Canyon Rd., record, which we will honor to the Bancroft Way and Prospect St., Berkeley, Washington County extent allowable by law. There also may 06001086 Anthony, Susan B., Childhood House, 2835 be circumstances in which we would Los Angeles County NY 29, Battenville, 06001079 withhold from the rulemaking record a Eevin, Ard, House, 851 W. Mountain St., OHIO respondent’s identity, as allowable by Glendale, 06001087 law. If you request that we withhold Butler County your name and/or address, state this Mono County Voice of America Bethany Relay Station, prominently at the beginning of your Conway Ranch Historic District, Address 8070 Tylersville Rd., West Chester, 06001081 comment. However, we will not Restricted, Lee Vining, 06001074 consider anonymous comments. We IDAHO OREGON will make all submissions from Twin Falls County Wasco County organizations or businesses, and from Maupin Section Foreman’s House, 601 individuals identifying themselves as Toana Freight Wagon Road Historic District, Generally run S to N from Nevada-Idaho Deschutes Access Rd., Maupin, 06001082 representatives or officials of stateline to the Snake River, Castleford, Washington County organizations or businesses, available 06001075 for public inspection in their entirety. Rice, Richard and Helen, House, 26385 N. W. ILLINOIS Groveland Dr., Hillsboro, 06001096 MMS Information Collection TENNESSEE Clearance Officer: Arlene Bajusz (202) Madison County 208–7744. Chain of Rocks Bridge, West Chain of Rocks Davidson County Rd., Madison, 06001091 Dated: October 23, 2006. Wilkinson House, 7663 Wilkinson Rd., MASSACHUSETTS Joelton, 06001095 Lucy Querques Denett, Roane County Associate Director for Minerals Revenue Bristol County Management. Cohannet Mill No. 3, 120 Ingell St., Taunton, Stone, Dr. Gred, Sr., Hospital, 105 Roane St., [FR Doc. E6–18667 Filed 11–3–06; 8:45 am] 06001088 Oliver Springs, 06001097 BILLING CODE 4310–MR–P Middlesex County TEXAS Hildreth–Robbins House, 19 Maple Rd., Tarrant County Chelmsford, 06001090 DEPARTMENT OF THE INTERIOR Ponton, Dr. Arvel and Faye, House, 1208 MICHIGAN Mistletoe Dr., Fort Worth, 06001085 National Park Service Berrien County Travis County Granger House and the Perch, 805 W. 16th National Register of Historic Places; Ingraham School, 6514 Coloma North Rd., Coloma, 06001084 St., Austin, 06001083 Notification of Pending Nominations and Related Actions MISSOURI VIRGINIA Gasconade County Fairfax County Nominations for the following Hermann Historic District (Boundary Gunnell, John, House, 489 Arnon Meadow properties being considered for listing Increase), 214 and 304 Franklin, 301–501 Rd., Great Falls, 06001100 or related actions in the National Gellert, 2202 MO 100, Hermann, 06001089 Hampton Independent City Register were received by the National MONTANA Phoebus Historic District, Roughly bounded Park Service before October 21, 2006. by VA 64, Mallory St., E. County St. and Pursuant to § 60.13 of 36 CFR Part 60 Lewis and Clark County Willard Ave., Hampton (Independent City), written comments concerning the Williams Street Bridge, Williams St. crossing 06001098 significance of these properties under Ten Mile Creek, N of jct. of Williams St. Rockingham County the National Register criteria for and Broadwater Ave., Helena, 06001094 evaluation may be forwarded by United Chrisman, George, House, 5341 Shaver Mill Teton County Rd., Linville, 06001099 States Postal Service, to the National Teton County Courthouse, 1 Main Ave. S, Register of Historic Places, National A request for REMOVAL has been made for Choteau, 06001093 the following resource: Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other Valley County TENNESSEE carriers, National Register of Historic Rundle Building, 208 Fifth St. S, Glasgow, Sevier County 06001092 Places, National Park Service, 1201 Eye Cole, Alex, Cabin, 5 mi. S of Gatlinburg off St., NW., 8th floor, Washington, DC NEW YORK U.S. 441 in Great Smokey Mountains 20005; or by fax, 202–371–6447. Written Broome County Gatlinburg vicinity, 76000165 Binghamton Railway Company Complex, 375 [FR Doc. E6–18596 Filed 11–3–06; 8:45 am] State St., Binghamton, 06001076 BILLING CODE 4312–51–P

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DEPARTMENT OF THE INTERIOR Anticipated Approach Regarding recommendations provided by the Adoption of Long-Term Experimental AMWG. The Department anticipates Bureau of Reclamation Plan initiation of consultation through the Based upon the foregoing agenda, the U.S. Fish and Wildlife Service, as Glen Canyon Dam Adaptive appropriate, on the consideration and Management Work Group (AMWG) Department of the Interior anticipates utilizing the information developed implementation of the Long-Term Experimental Plan. AGENCY: Bureau of Reclamation, through, and any recommendation(s) Interior. from, the TWG and the AMWG in Scoping preparing appropriate environmental Pursuant to 40 CFR 1501.7(a)(1), ACTION: Notice of intent and notice of compliance documentation to analyze public meeting. 1501.7(b)(4), the Department of the the alternatives for a Long-Term Interior intends to utilize the Experimental Plan for the future information presented at the upcoming SUMMARY: The Adaptive Management operation of Glen Canyon Dam and Program (AMP) was implemented as a AMWG meeting as part of the scoping other potential associated management process in the NEPA process that is result of the Record of Decision on the activities. The Long-Term Experimental Operation of Glen Canyon Dam Final intended to address adoption and Plan is intended to ensure a continued, implementation of a Long-Term Environmental Impact Statement to structured application of adaptive comply with consultation requirements Experimental Plan pursuant to this management in such a manner as to Federal Register notice. In addition, of the Grand Canyon Protection Act protect, mitigate adverse impacts to, and (Pub. L. 102–575) of 1992. The AMP Reclamation will also utilize the improve the values for which Grand information developed through prior includes a federal advisory committee Canyon National Park and Glen Canyon (AMWG), a technical work group meetings of the AMWG, TWG, and National Recreation Area were Science Planning Group as relevant (TWG), a monitoring and research established, including, but not limited center, and independent review panels. information for the purposes of scoping to natural and cultural resources and the upcoming NEPA process and to The AMWG makes recommendations to visitor use, consistent with applicable the Secretary of the Interior concerning develop the appropriate scope of federal law. analysis pursuant to 40 CFR 1508.25. Glen Canyon Dam operations and other The Long-Term Experimental Plan Opportunities for additional public management actions to protect resources will build on a decade of scientific comment will be described in a downstream of Glen Canyon Dam experimentation and monitoring that subsequent Federal Register notice. consistent with the Grand Canyon has taken place as part of the AMP, and Protection Act. The TWG is a will build on the knowledge gained by Relationship With Settlement subcommittee of the AMWG and experiments, operations, and Agreement in Center for Biodiversity v. provides technical advice and management actions taken under the Kempthorne recommendations to the AMWG. AMP. Accordingly, the Department Recently, the Center for Biodiversity Dates and Addresses: The AMWG intends to tier from earlier National and others filed suit against the U.S. will conduct the following public Environmental Policy Act (NEPA) Department of the Interior regarding meeting: compliance documents prepared as part operations of Glen Canyon Dam. In a Phoenix, Arizona—December 5–6, of the Department’s Glen Canyon AMP Settlement Agreement approved by the 2006. The meeting will begin at 9:30 efforts, see 40 CFR §§ 1500.4(i), 1502.20, United States District Court for the a.m. and conclude at 5 p.m. on the first and 1508.20(b), such as the 2002 District of Arizona, the United States day and begin at 8 a.m. and conclude at Environmental Assessment prepared on and Plaintiffs agreed to the following 3 p.m. on the second day. The meeting adaptive management experimental provision: will be held at the Fiesta Inn Resort actions at Glen Canyon Dam (Proposed Experimental Releases from Glen 1. Not later than January 31, 2007, (Encantada Ballroom) located at 2100 Reclamation shall initiate environmental South Priest Drive in Tempe, Arizona. Canyon Dam and Removal of Non- documentation activities pursuant to NEPA Agenda: The purpose of the meeting Native Fish). and the ESA with respect to modification of will be to (1) review and develop a Notice of Intent current, or other prospective, operations of recommendation to the Secretary of the Glen Canyon Dam and associated Pursuant to 40 CFR § 1508.22, the management actions of Reclamation and Interior for a Long-Term Experimental Department of the Interior, through this other agencies with the Department of the Plan; (2) receive an update on progress Federal Register notice, announces its Interior; * * * (Settlement Agreement at for development of a Lower Colorado notice of intent to prepare and consider section 1, pg. 3) River recovery program and related an environmental impact statement on It is the intention of the Department work/goals for the endangered the adoption of a Long-Term of the Interior to comply with this humpback chub; (3) discuss a selective Experimental Plan for the future provision of the Settlement Agreement withdrawal structure for Glen Canyon operation of Glen Canyon Dam and through this Notice of Intent published Dam; (4) review fiscal year 2006 other associated management activities. in the Federal Register. The Settlement program expenditures; (5) approve the The Long-Term Experimental Plan is Agreement can be found at the public outreach Web site; and (6) proposed to implement a structured, following Internet location: http:// discuss research and monitoring reports, long-term, program of experimentation www.usbr.gov/uc/rm/amp/amwg/mtgs/ basin hydrology, and other (including dam operations, potential 06sep06CC/Attach_07.pdf. administrative and resource issues modifications to Glen Canyon Dam FOR FURTHER INFORMATION CONTACT: pertaining to the AMP. To view a copy intake structures, and other potential Dennis Kubly, Bureau of Reclamation, of the draft agenda, please visit management actions, such as removal of telephone (801) 524–3715; faxogram Reclamation’s Web site at: http:// non-native fish species) in the Colorado (801) 524–3858; e-mail at www.usbr.gov/uc/rm/amp/amwg/mtgs/ River below Glen Canyon Dam. The [email protected]. 06dec05/index.html. range of alternatives for the proposed To allow full consideration of SUPPLEMENTARY INFORMATION: action will be developed following information by the AMWG members,

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written notice must be provided to (Preliminary) under sections 703(a) and Participation in the investigations and Dennis Kubly, Bureau of Reclamation, 733(a) of the Tariff Act of 1930 (19 public service list.—Persons (other than Upper Colorado Regional Office, 125 U.S.C. 1671b(a) and 1673b(a)) (the Act) petitioners) wishing to participate in the South State Street, Room 6107, Salt to determine whether there is a investigations as parties must file an Lake City, Utah 84138; telephone (801) reasonable indication that an industry entry of appearance with the Secretary 524–3715; faxogram (801) 524–3858; e- in the United States is materially to the Commission, as provided in mail at [email protected] at least five injured or threatened with material sections 201.11 and 207.10 of the (5) days prior to the meeting. Any injury, or the establishment of an Commission’s rules, not later than seven written comments received will be industry in the United States is days after publication of this notice in provided to the AMWG members. materially retarded, by reason of the Federal Register. Industrial users imports from China, Indonesia, and and (if the merchandise under Public Disclosure Korea of coated free sheet paper, investigation is sold at the retail level) It is our practice to make comments, provided for in subheadings 4810.13.19, representative consumer organizations including names, home addresses, home 4810.13.20, 4810.13.50, 4810.13.70, have the right to appear as parties in telephone numbers, and e-mail 4810.14.19, 4810.14.20, 4810.14.50, Commission antidumping and addresses of respondents, available for 4810.14.70, 4810.19.19, and 4810.19.20 countervailing duty investigations. The public review. Individual respondents of the Harmonized Tariff Schedule of Secretary will prepare a public service may request that we withhold their the United States, that are alleged to be list containing the names and addresses names and/or home addresses, etc., but subsidized by the Governments of of all persons, or their representatives, if you wish us to consider withholding China, Indonesia, and Korea and that who are parties to these investigations this information you must state this are alleged to be sold in the United upon the expiration of the period for prominently at the beginning of your States at less than fair value. Unless the filing entries of appearance. comments. In addition, you must Department of Commerce extends the Limited disclosure of business present a rationale for withholding this time for initiation pursuant to sections proprietary information (BPI) under an information. This rationale must 702(c)(1)(B) and 732(c)(1)(B) of the Act administrative protective order (APO) demonstrate that disclosure would (19 U.S.C. 1671a(c)(1)(B) and and BPI service list.—Pursuant to constitute a clearly unwarranted 1673a(c)(1)(B)), the Commission must section 207.7(a) of the Commission’s invasion of privacy. Unsupported reach preliminary determinations in rules, the Secretary will make BPI assertions will not meet this burden. In countervailing duty and antidumping gathered in these investigations the absence of exceptional, investigations in 45 days, or in this case available to authorized applicants documentable circumstances, this by December 15, 2006. The representing interested parties (as information will be released. We will Commission’s views are due at defined in 19 U.S.C. 1677(9)) who are always make submissions from Commerce within five business days parties to the investigations under the organizations or businesses, and from thereafter, or by December 22, 2006. APO issued in the investigations, provided that the application is made individuals identifying themselves as For further information concerning not later than seven days after the representatives or officials of the conduct of these investigations and publication of this notice in the Federal organizations or businesses, available rules of general application, consult the for public inspection in their entirety. Register. A separate service list will be Commission’s Rules of Practice and maintained by the Secretary for those Dated: October 24, 2006. Procedure, part 201, subparts A through parties authorized to receive BPI under Darryl Beckmann, E (19 CFR part 201), and part 207, the APO. Deputy Regional Director—UC Region, subparts A and B (19 CFR part 207). Conference.—The Commission’s Bureau of Reclamation. DATES: Effective Date: October 31, 2006. Director of Operations has scheduled a [FR Doc. E6–18575 Filed 11–3–06; 8:45 am] FOR FURTHER INFORMATION CONTACT: conference in connection with these BILLING CODE 4310–MN–P Debra Baker (202–205–3180), Office of investigations for 9:30 a.m. on Investigations, U.S. International Trade November 21, 2006, at the U.S. Commission, 500 E Street, SW., International Trade Commission INTERNATIONAL TRADE Washington, DC 20436. Hearing- Building, 500 E Street, SW., COMMISSION impaired persons can obtain Washington, DC. Parties wishing to information on this matter by contacting participate in the conference should [Investigation Nos. 701–TA–444–446 and contact Debra Baker (202–205–3180) not 731–TA–1107–1109 (Preliminary)] the Commission’s TDD terminal on 202– 205–1810. Persons with mobility later than November 16, 2006, to arrange Coated Free Sheet Paper From China, impairments who will need special for their appearance. Parties in support Indonesia, and Korea assistance in gaining access to the of the imposition of countervailing and Commission should contact the Office antidumping duties in these AGENCY: United States International of the Secretary at 202–205–2000. investigations and parties in opposition Trade Commission. to the imposition of such duties will General information concerning the each be collectively allocated one hour ACTION: Institution of countervailing Commission may also be obtained by within which to make an oral duty and antidumping investigations accessing its internet server (http:// presentation at the conference. A and scheduling of preliminary phase www.usitc.gov). The public record for nonparty who has testimony that may investigations. these investigations may be viewed on aid the Commission’s deliberations may the Commission’s electronic docket SUMMARY: The Commission hereby gives request permission to present a short (EDIS) at http://edis.usitc.gov. notice of the institution of investigations statement at the conference. and commencement of preliminary SUPPLEMENTARY INFORMATION: Written submissions.—As provided in phase countervailing duty investigation Background.—These investigations sections 201.8 and 207.15 of the Nos. 701–TA–444–446 (Preliminary) are being instituted in response to a Commission’s rules, any person may and preliminary phase antidumping petition filed on October 31, 2006, by submit to the Commission on or before investigation Nos. 731–TA–1107–1109 NewPage Corporation, Dayton, OH. November 27, 2006, a written brief

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containing information and arguments Environmental Response, 302–395–2600, Site Name: DuPont pertinent to the subject matter of the Compensation, and Liability Act Newport NRDA DE–X009. Contacts: investigations. Parties may file written (‘‘CERCLA’’), as amended, 42 U.S.C. Jane Biggs Sanger, Elizabeth LaSorte, or testimony in connection with their 9601 et seq. and the Delaware Robert Newsome. An electronic version presentation at the conference no later Hazardous Substance Cleanup Act of the Consent Decree and the DARP can than three days before the conference. If (‘‘HSCA’’), 7 Del. C. Chapter 91 with be viewed at http:// briefs or written testimony contain BPI, respect to the release of hazardous apps.dnrec.state.de.us/intraviewer/ they must conform with the substances from DuPont-Newport session/frmmain.cfm. chemical facility, located in Newport, requirements of sections 201.6, 207.3, Robert Brook, and 207.7 of the Commission’s rules. Delaware. Under the proposed Consent Decree, the defendants will fund Assistant Chief, Environmental Enforcement The Commission’s rules do not Section, Environment and Natural Resources authorize filing of submissions with the restoration projects on the ‘‘Pike Division. Property’’ as set forth in the Damage Secretary by facsimile or electronic [FR Doc. 06–9104 Filed 11–3–06; 8:45 am] means, except to the extent permitted by Assessment and Restoration Plan BILLING CODE 4410–15–M section 201.8 of the Commission’s rules, (‘‘DARP’’, attached to the Consent as amended, 67 FR 68036 (November 8, Decree), and the State of Delaware will 2002). Even where electronic filing of a hold an environmental covenant for the DEPARTMENT OF JUSTICE document is permitted, certain Pike Property to protect it in perpetuity. documents must also be filed in paper Defendants will reimburse each Trustee Antitrust Division form, as specified in II (C) of the for its Damage Assessment Costs, and Commission’s Handbook on Electronic make a payment to Delaware for United States v. Dairy Farmers of Filing Procedures, 67 FR 68168, 68173 groundwater injuries. The total value of America, Inc.; Proposed Final (November 8, 2002). the settlement as set forth in the Judgement and Competitive Impact In accordance with sections 201.16(c) Consent Decree is $1.6 million. Statement and 207.3 of the rules, each document The Department of Justice will receive for a period of fifteen (15) days from the Notice is hereby given pursuant to the filed by a party to the investigations Antitrust Procedures and Penalties Act, must be served on all other parties to date of this publication comments relating to the Consent Decree. 15 U.S.C. 16(b) through (h), that a the investigations (as identified by proposed Final Judgement, Stipulation, either the public or BPI service list), and Comments should be addressed to the Assistant Attorney General, and Competitive Impact Statement have a certificate of service must be timely been filed with the United States filed. The Secretary will not accept a Environment and Natural Resources Division, P.O. Box 7611, U.S. District Court for the Eastern District of document for filing without a certificate Kentucky in United States of America of service. Department of Justice, Washington, D.C. 20044–7611, and should refer to United and Commonwealth of Kentucky v. Authority: These investigations are being States and the State of Delaware v. E.I. Dairy Farmers of America, Inc. and conducted under authority of title VII of the Du Pont De Nemours & Company, Inc., Southern Belle Dairy Co., LLC, No. 6:03– Tariff Act of 1930; this notice is published and CIBA Specialty Chemicals cv–206. On April 24, 2003, the United pursuant to section 207.12 of the States and Commonwealth of Kentucky Commission’s rules. Corporation, D.J. Ref. 90–11–2–883/2. The Consent Decree may be examined filed a Complaint alleging that the Issued: November 1, 2006. at the Office of the United States acquisition by DFA of an ownership By order of the Commission. Attorney, for the District of Delaware, interest in Southern Belle Dairy Co., Marilyn R. Abbott, 1007 Orange Street, Suite 700, LLC (‘‘Southern Belle’’), violated Secretary to the Commission. Wilmington, Delaware. During the Section 7 of the Clayton Act, 15 U.S.C. [FR Doc. E6–18654 Filed 11–3–06; 8:45 am] public comment period, the Consent 18. An Amended Complaint was filed on May 6, 2004. The proposed Final BILLING CODE 7020–02–P Decree, may also be examined on the following Department of Justice Web Judgment, filed on October 2, 2006, site, http://www.usdoj.gov/enrd/ requires DFA to divest its interest in _ Southern Belle and use its best efforts to DEPARTMENT OF JUSTICE Consent Decrees.html. A copy of the Consent Decree may also be obtained by cause its partner, the Allen Family Notice of Lodging of Consent Decree mail from the Consent Decree Library, Limited Partnership, to divest its Under the Comprehensive P.O. Box 7611, U.S. Department of interest in Southern Belle as well. Environmental Response, Justice, Washington, DC 20044–7611 or Copies of the Amended Complaint, Compensation, and Liability Act and by faxing or e-mailing a request to Tonia proposed Final Judgment, and the Delaware Hazardous Substances Fleetwood ([email protected]), Competitive Impact Statement are Cleanup Act fax no. (202) 514–0097, phone available for inspection at the confirmation number (202) 514–1547. In Department of Justice in Washington, Notice is hereby given that on requesting a copy from the Consent DC in Room 215, 325 Seventh Street, September 29, 2006, a proposed Consent Decree Library, please enclose a check NW., and at the Office of the Clerk of Decree in United States and the State of in the amount of $6.00 (25 cents per the United States District Court for the Delaware v. E.I. Dupont De Nemours & page reproduction cost) payable to the Eastern District of Kentucky, London, Company, Inc., and CIBA Specialty U.S. Treasury. Kentucky. Chemicals Corporation, Civil Action No. A copy of the Consent Decree may Public comment is invited within 60 06–612 was lodged with the United also be obtained at the offices of the days of the date of this notice. Such States District Court for the District of Delaware Department of Natural comments, and responses thereto, will Delaware. Resources and Environmental Control, be published in the Federal Register In this action the United States and Division of Air and Waste Management, and filed with the Court. Comments the State of Delaware sought claims for Site Investigation and Restoration should be directed to Mark J. Botti, natural resource damages brought Branch, 391 Lukens Drive, New Castle, Chief, Litigation I Section, Antitrust pursuant to the Comprehensive Delaware 19720, Main phone number: Division, U.S. Department of Justice,

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1401 H St., NW., Suite 4000, criminal bid-rigging conspiracy consummated, Southern Belle competed Washington, DC 20530 (202–307–0001). involving school milk. The former with a number of these dairies in owners of Southern Belle and Flav-O- addition to NDH dairies such as Flav-O- J. Robert Kramer II, Rich engaged in that conspiracy and Rich. Director of Operations, Antitrust Division. pled guilty to conspiring with each 10. In December 2001, DFA, through United States District Court, Eastern other for more than a decade to rig NDH, acquired control and influence District of Kentucky, London Division school milk bids. over all significant business decisions of 5. Because many of the affected United States of America, and Flav-O-Rich and other NDH dairies. school districts are small or rural Flav-O-Rich processes approximately 30 Commonwealth of Kentucky, Plaintiffs, districts, often in the mountains, it is v. Dairy Farmers of America, Inc., and million gallons of fluid milk per year unlikely that other dairies will enter or and had annual revenues of Southern Belle Dairy Co., LLC, expand into these markets to eliminate Defendants approximately $70 million in 2001. the anticompetitive effects of the Flav-O-Rich distributes and sells school Civil Action No.: 03–206–KSF acquisition. Indeed, Southern Belle’s milk primarily in the eastern two-thirds Filed: former owner, in the course of of Kentucky and Tennessee. debarment proceedings following the Amended Complaint criminal conviction, explained that 11. In February 2002, DFA, through The United States of America, acting entry was unlikely in many of these its partially owned subsidiary, Southern under the direction of the Attorney very districts, and that the elimination Belle Dairy Co., LLC, (‘‘Southern Bell General of the United States, and the of Southern Belle as a competitor would subsidiary’’), acquired control and Commonwealth of Kentucky, by and reduce competition and cause prices to influence over all significant business through its Attorney General, bring this rise. decisions of Southern Belle. DFA and civil action to obtain equitable relief subsidiaries controlled in who or in part against defendants, including II. Defendants by DFA contributed approximately $18 compelling the Dairy Farmers of 6. Defendant Dairy Farmers of million of the $19 million purchase America, Inc. (‘‘DFA’’) to divest its America, Inc. (‘‘DFA’’) is a Kansas price for Southern Belle. The Allen interest in the Southern Belle dairy corporation with its headquarters and Family Limited Partnership (‘‘AFLP’’) located in Somerset, Kentucky, and principal place of business in Kansas contributed the remaining $1 million, allege as follows: City, Missouri. DFA is the largest dairy which DFA guaranteed AFLP could farmer cooperative in the world. In recover any time after February 26, I. Nature of the Action 2001, it had approximately 25,500 2005. DFA and its subsidiaries own a 1. Up until February 2002, DFA, members in 48 states, and sold 50% common equity interest and almost through its subsidiaries, operated the approximately 45.6 billion pounds of 100% preferred equity interest (around Flav-O-Rich dairy in London, Kentucky raw milk. DFA had over $7.9 billion in $4,000,000), and 100% credit interest (‘‘Flav-O-Rich’’) and competed revenues in 2001. (around $13,000,000) in Southern Belle. vigorously against the Southern Belle 7. DFA owns a 50% common equity 12. DFA formed its Southern Belle dairy, located thirty miles away in interest and approximately 92% subsidiary to acquire the Southern Belle Somerset, Kentucky (‘‘Southern Bell’’), preferred equity interest (around dairy after it became clear that its NDH to supply milk to school districts $500,000,000) in National Dairy subsidiary could not acquire the dairy located in Kentucky and Tennessee. Holdings, L.P. (‘‘NDH’’). It also has a based on the Department of Justice’s That competition resulted in lower 50% interest in Dairy Management LLC, September 1998 challenge. prices and better service for school which is the managing arm of NDH. 13. In planning how DFA would districts that provide milk to students. Based on its financial interests in NDH, 2. In February 2002, DFA, through DFA has the rights to between 50% and control the Southern Belle subsidiary another subsidiary, acquired control of 75% or more of NDH’s profits. In after they formed it, DFA and AFLP Southern Belle, eliminating that forming NDH, DFA and its partners in agreed, among other things, that DFA important competition. When it made NDH agreed, among other that DFA must approve any decision to commit that acquisition, DFA understood that must approve any decision to commit Southern Belle to any contracts or the Department of Justice had in NDH to any contracts or expenditures expenditures exceeding $150,000, as September 1998 successfully challenged exceeding $50,000, to appoint new NDH well as hiring and compensation a merger involving the very same officers, or change the compensation decisions for Southern Belle’s officers. dairies, under different ownership, (e.g., increase the salary) of NDH’s DFA also gained the right to control the because it would have substantially officers. supply of raw milk to the dairy and, lessened competition in violation of 8. DFA is the sole supplier of raw based on its debt and equity holdings, Section 7 of the Clayton Act. milk and is the contractually preferred the rights to between 50% and 75% of 3. Southern Belle and Flav-O-Rich are supplier of raw milk to Flav-O-Rich and the dairy’s profits. the only two dairies or two of only a few other NDH dairies. DFA also sells more 14. Defendant Southern Belle Dairy dairies that bid to supply school milk in raw, unprocessed milk to dairies in Co., LLC, is a Delaware limited liability many parts of Kentucky and Tennessee. Kentucky and Tennessee than does any company with its headquarters and In 45 school districts, the acquisition other entity. principal place of business in Somerset, has created a monopoly. In 55 other 9. In addition to its controlling Kentucky, where it owns and operates districts, the number of bidders has interests in Flav-O-Rich, DFA also owns the Southern Belle dairy. Southern Belle effectively declined from three to two, financial interests in several other processes approximately 25 million reducing competition substantially. dairies that sell school milk in parts of gallons of fluid milk per year and had 4. History in this region has Kentucky and Tennessee, including five annual revenues of approximately $65 demonstrated that less competition additional NDH dairies, three Turner million in 2001. Southern Belle results in higher prices. Many school Holdings dairies, and one Ideal distributes and sells school milk districts in this area previously had to American dairy. Until February 2002, primarily in the eastern two-thirds of pay higher prices as victims of a when the instant acquisition was Kentucky and Tennessee.

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III. Jurisdiction and Venue processed for human consumption, may methods in the event of a small but 15. This Complaint is filed under be unflavored or flavored with chocolate significant increase in the price of Section 15 of the Clayton Act, as or fruit flavorings, and does not include school milk. 25. The manufacture, distribution, amended, 15 U.S.C. 25, and by the extended shelf life (ESL) milk or ultra and sale of school milk constitutes a Commonwealth of Kentucky under 15 high temperature (UHT) milk, which are produced by different manufacturing relevant product market or line of U.S.C. 26, to prevent and restrain processes, generally cost significantly commerce within the meaning of defendants from continuing to violate more than fluid milk, and have Section 7 of the Clayton Act. Section 7 of the Clayton Act, as numerous significant physical amended, 15 U.S.C. 18, and under the VI. The Relevant Geographic Markets differences compared with fluid milk, provisions of K.R.S. § 367.110 et seq. such as shelf stability, and a 26. Individual school districts 16. Defendants, on their own or significantly different taste, among other generally solicit bids for school milk, through their subsidiaries, transport and attributes. although sometimes groups of school sell school and other milk in the flow 20. School milk is fluid milk that is districts solicit bids for school milk for of interstate commerce in Kentucky and processed, distributed, and sold to some or all of the school districts in the Tennessee and are engaged in interstate school districts, usually in half pint group. School districts usually decide commerce and in activities substantially containers, pursuant to contracts with which dairy to award with a school milk affecting interstate commerce. school districts. While these contracts contract on an individual basis Defendant DFA also buys and sells raw may also include other products, school (regardless of whether they solicit bids milk in interstate commerce. This Court milk accounts for the vast majority of individually or as part of a group). has jurisdiction over the subject matter the dollar value of these contracts. Several school districts belong to a of this action and the parties pursuant 21. The U.S. Department of group of school districts that (1) requires to Section 12 of the Clayton Act, 15 Agriculture (‘‘USDA’’) sponsors several its members to solicit bids for school U.S.C. 22, and 28 U.S.C. 1331, 1337(a) programs to reimburse schools for meals milk only through that group, and (2) and 1345. and snacks served to students from requires bidders to submit a uniform bid 17. Both of the defendants transact lower income families. To qualify, for all of the districts in the group. Each business and are found in the Eastern schools must offer mild to every school district typically requires its District of Kentucky. Defendant student, regardless of the income of that school milk supplies to deliver to each Southern Belle’s principal place of student’s family. If schools want to school within the school district. School business is in this district. Venue is receive the federal reimbursements, they districts vary with respect to how many proper in this judicial district pursuant cannot substitute other products for schools must be served, the distance to 15 U.S.C. 22 and 28 U.S.C. 1391. school milk, regardless of the milk’s between the schools, the size of the schools in the school district, and other IV. History of Collusion on School Milk cost. attributes. Each school district has its Sales in the Relevant Markets 22. Individual school districts generally solicit bids from dairies to own requirements with respect to the 18. In late 1993, Southern Belle and supply them with school milk. frequency of deliveries (typically every Flav-O-Rich pled guilty to the felony of Sometimes, groups of school districts day or every other day, because schools conspiring to raise the price of school solicit bids to supply school milk to generally cannot store more than a milk by agreeing on which dairy would some or all of the school districts in the limited amount of milk), the time of submit the lowest bid for which school group, but each individual school deliveries, the quantity of deliveries, district. The conspiracy existed from at district usually chooses (even if it products included, cooler requirements, least the late 1970s through July 1989, solicited bids as part of a group) the and specific or individual service and resulted in substantial harm to over dairy to which it will award its requirements. thirty school districts. Southern Belle business. 27. Due to the high level of service paid a $375,000 criminal fine; Flav-O- 23. Schools require many important requirements of schools, the high Rich paid $1,000,000. No others were services in connection with the supply frequency of delivery required, the charged with participating in this of school milk. These services often small volume delivered at each stop, the conspiracy. The current acquisition include frequent delivery (usually every seasonal nature of the business, and recreates the effect of this conspiracy in day or every other day because schools other factors, the viable suppliers of many of those same school districts generally cannot store more than a school milk are generally limited to harmed by the conspiracy for over a limited amount of milk); delivery to all those dairies that already have decade. See United States v. Southern or almost all schools in a district; significant local distribution in the area. Belle Dairy Co., [1998–1996 Transfer reordering of milk; stocking milk in the Dairies that do not currently have Binder] Trade Reg. Rep. (CCH) ¶ 45,092, coolers; rotating products; retrieving nearby routes are generally not viable at 44,599 (E.D. Ky. Nov. 13, 19920; spoiled and damaged products; suppliers of school milk to such school United States v. Flav-O-Rich, Inc., providing quick emergency shipments districts. These factors limit school [1998–1996 Transfer Binder] Trade Reg. (to guarantee a school has enough milk districts’ choice of suppliers. Rep. (CCH) ¶ 45,092, at 44,605 (N.D. Ga. on hand so it will not lose school meal 28. Dairies charge different prices to Dec. 22, 1992). reimbursements); the return of milk different school districts or groups of before holidays; specific times of school districts (‘‘price discriminate’’), V. The Manufacture, Distribution, and delivery (e.g., early morning so as not to based on, among other things, the Sale of School Milk Is a Relevant conflict with times when students are number of competing dairies in the area, Product Market present); specific access requirements the strength of competition in these 19. Dairies purchase raw milk from (e.g., providing keys to drivers); allotting localized school milk markets, and the dairy farmers and agricultural credit for retrieved products; cleaning unique service and other requirements cooperatives, pasteurize and package and maintaining coolers; and other of schools. the milk, and distribute and sell the requirements. 29. Accordingly, each school district, processed product. Fluid milk (‘‘fluid 24. School districts would not switch or group of school districts that requires milk’’P is raw milk that has been to alternative products or delivery its members to use the school milk

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supplier who submits a winning bid debarment proceedings in 1998 that school milk in the relevant geographic that is uniform for that entire group, competition would decrease and prices markets will be substantially lessened; constitutes a relevant geographic market would rise if it could not bid. It said that b. Actual and potential competition or section of the country within the Southern Belle was an ‘‘important between Southern Belle and Flav-O- meaning of Section 7 of the Clayton Act. supplier to very small school districts in Rich (or other dairies in which DFA has School districts harmed by the Kentucky and Tennessee,’’ especially in financial interests) in the manufacture, acquisition include those, among others, the ‘‘rural districts in the mountains of distribution, and sale of school milk in listed in Attachment A (‘‘Merger-to- eastern Kentucky.’’ (Letter from Joseph the relevant geographic markets will be Monopoly Markets’’) and Attachment B L. Ruby, Wiley Rein & Fielding, to substantially lessened; and (‘‘Merger-to-Duopoly Markets’’). Yvette Jackson, Acting Administrator, c. Prices for school milk in the relevant geographic markets will likely VII. Harm to Consumers Food and Consumer Service, USDA, Jan. 23, 1998, at 2, copy provided in increase. 30. Competition between Southern Attachment C.) It also said that those 39. DFA’s partial acquisition of Belle and Flav-O-Rich (or other dairies school districts would be unlikely to Southern Belle violates Section 7 of the in which DFA has financial interests) find any new school milk entrants to Clayton Act, as amended, 15 U.S.C. 18, resulted in lower prices and better replace the lost competition if it could and K.R.S. § 367.110 et seq. service for many school milk customers not bid. X. Relief Requested in Kentucky and Tennessee. Southern 36. Entry by new competitors or 40. Plaintiffs request that this Court: Belle’s competitive presence forced expansion by existing dairies in the these other dairies to lower their a. Adjudge the acquisition of manufacture, distribution, and sale of Southern Belle by defendant DFA to respective bid prices for school milk school milk will not be timely, likely, or contracts. violate Section 7 of the Clayton Act, as sufficient to defeat any increase in amended, 15 U.S.C. 18, and K.R.S. 31. Before DFA’s acquisition of prices or decrease in the level of service Southern Belle, school milk markets in § 367.110 et seq. in the affected school milk markets. A b. Compel DFA to divest all of its Kentucky and Tennessee had very few dairy is unlikely to enter a school milk competitors and thus were already interests (including common equity, market, even after a small but significant preferred equity, credit interests, raw highly concentrated. These markets price increase, unless it already services have become much more concentrated milk procurement authority, etc.) in a substantial number of existing Southern Belle, and take any further as a result of the acquisition. commercial fluid milk customers from 32. In many of these markets, actions needed to place Southern Belle its route trucks in the school district. Southern Belle and Flav-O-Rich (or in the same or comparable competitive This is true because school milk other dairies in which DFA has position as existed prior to the business is usually used to ‘‘fill out’’ a financial interests) are clearly the two acquisition; dairy’s existing commercial fluid milk dairies able to supply school milk most c. Permanently enjoin and restrain route truck business, as schools require economically, and would benefit (at the DFA, including any of its subsidiaries or the regular (e.g., every day or every expense of consumers) by acting joint ventures, and all persons acting on other day) delivery of school milk along together at DFA’s direction to raise one behalf of any of these entities, from with a number of important labor- or both of their bids. Because it shares acquiring or maintaining, in whole or intensive and time-consuming services, each dairy’s profits, DFA has a financial part, any simultaneous legal or which would not be economical but for incentive to encourage, facilitate, or beneficial interests (including common the existing fluid milk customer enforce such cooperation. And, with equity, preferred equity, credit interests, accounts. Thus, only dairies with DFA’s control or influence over critical or raw milk procurement authority) in existing straight truck delivery routes in business decisions of the dairies, the both Southern Belle and Flaw-O-Rich; an area can compete efficiently for dairies are likely to cooperate. Reducing d. Compel DFA, including any of its school milk business in that area. Entry the number of independent bidders subsidiaries or joint ventures, and all or expansion into the school milk from two to one in these markets makes persons acting on behalf of any of these business also requires substantial it very likely that prices will rise or the entities, to provide plaintiff United investment in specialized level of service will decrease for these States of America with notification at manufacturing assets and infrastructure, districts. least 30 calendar days prior to any 33. In a number of other school including the high cost of installing a acquisition, in whole or in part, of any districts, Southern Belle and Flav-O- dedicated half pint filler. legal or beneficial interests (including Rich (or other dairies in which DFA has 37. Neither entry nor expansion common equity, preferred equity, credit financial interests) are two of only three prevented Southern Belle and Flav-O- interests, or raw milk procurement likely bidders. Reducing the number of Rich from successfully carrying a authority) in any fluid milk processing independent bidders from three to two decade-long criminal bid rigging operation; in these markets makes it very likely conspiracy against many of these same e. Allow any school district or school that prices will rise or the level of school milk districts. Such long-lasting purchasing cooperative to terminate or service will decrease for these districts. collusion would not have been possible rescind any contract to supply school 34. The effect of DFA’s acquisition of if higher prices easily attracted new milk entered into with defendants on or control and influence over Southern competitors. after February 20, 2002, including but not limited to eliminating any Belle is to substantially lessen IX. Violations Alleged competition, or to tend to create a restrictions on or disincentives to monopoly in violation of Section 7 of 38. DFA’s acquisition of Southern terminating or rescinding such contracts the Clayton Act. Belle through its partially owner and otherwise refunding or returning Southern Belle subsidiary will likely consideration paid in advance pursuant VIII. Entry Is Difficult have the following effects, among to such contracts (i.e., making such 35. To maintain its ability to sell others: contracts voidable in the sole discretion school milk, the former owner of a. Competition generally in the of the school districts or purchasing Southern Belle told the USDA during manufacture, distribution, and sale of cooperatives);

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f. Award plaintiffs the costs of this Williamsburg Independent, KY Foods, Inc. (‘‘Southern Belle’’), we would action; and Wolfe County, KY like to supplement the administrative record g. Award plaintiffs such other and Clay County, TN made at the meeting of January 15, 1998, in connection with certain issues raised at the further relief as is proper. ATTACHMENT B—Merger-to-Duopoly hearing, and also to propose certain actions Markets Respectfully submitted, to assure that a repeat of the alleged reporting For Plaintiff United States of America: Allen County, KY violations will not occur in the future. R. Hewitt Pate, Barbourville Independent, KY Southern Belle desires to supplement the Barren County, KY Assistant Attorney General. record with the following documentation, Bath County, KY which is attached: J. Bruce McDonald, Butler County, KY Deputy Assistant Attorney General. Carter County, KY The Termination of Mr. Christian Mark J. Botti, Caverna Independent, KY At our meeting, Mr. Hallberg expressed Chief, Litigation I Section. Corbin Independent, KY interest in reviewing documentation relating Dated: March 30, 2004. Fayette County (Lexington), KY to Mr. Christian’s probation as of May 1997, For Plaintiff Commonwealth of Kentucky: Franklin County, KY leading to his termination for performance Glasgow Independent, KY David R. Vandeventer, reasons. The following documentation is Green County, KY enclosed: Assistant Attorney General, Kentucky Bar No. Greenup County, KY 72790, Office of the Attorney General of Exh. 1. A May 15, 1997 ‘‘agenda’’ for a Hart County, KY meeting with Mr. Christian. Kentucky, 1024 Capital Center Drive, Knox County, KY Frankfort, KY 40601, 502–696–5385. Exh. 2. A May 15, 1997 memo by Mr. Larue County, KY Christian’s superior, Mike Chandler, Dated: March 30, 2004. Lawrence County, KY summarizing a meeting with Mr. Christian at John R. Read, Logan County, KY which he was informed of his need to Assistant Chief, Litigation I Section. Menifee County, KY improve performance or face termination, J.D. Donaldson, Jody A. Boudreault, N. Metcalfe County, KY with a review to take place in two months. Christopher Hardee, Richard S. Martin, Middlesboro Independent, KY Richard D. Cooke, Ihan Kim, Monticello Independent, KY Southern Belle’s Contracts Under $100,000 U.S. Department of Justice, Antitrust Morgan County, KY At our meeting, Ms. Landos sought Division, 1401 H Street, NW., Suite 4000, Ohio County, KY information concerning the number of school Washington, DC 20530, 202–307–0001. Owensboro Independent, KY milk contracts under $100,000 that were Rowan County, KY serviced by Southern Belle. Attached hereto ATTACHMENT A—Merger-to-Monopoly Russell Independent, KY as Exh. 3 are two lists, showing actual 1996– Markets Russellville Independent, KY 97 and projected 1997–98 sales by school Adair County, KY Simpson County, KY districts. Ashland Independent, KY Taylor County, KY The lists show that, for 1996–97, Southern Bell County, KY Alcoa City, TN Belle serviced 46 districts. Of those, 33 Berea Independent, KY Anderson County, TN districts had sales under $100,000. Of the 33 Boyd County, KY Blount County, TN districts, 16 had sales under $50,000. Boyle County, KY Bristol City, TN Projected sales for 1997–98 show that Breathitt County, KY Campbell County, TN Southern Belle is currently servicing 55 Campbellsville Independent, KY Carter County, TN districts. Of these, 39 districts are projected Casey County, KY Clinton City, TN to have sales under $100,000. Of the 39 Cocke County, TN Clay County, KY districts, 20 are projected to have sales under Elizabethon Independent, TN Clinton County, KY $50,000. Green County, TN Cumberland County, KY These figures reveal that Southern Belle is Greenville City, TN East Bernstadt Independent, KY an important supplier to very small school Hawkins County, TN Estill County, KY districts in Kentucky and Tennessee. As the Hamblen County, TN Fairview Independent, KY maps we provided show, many of these are Johnson City, TN Garrard County, KY rural districts in the mountains of eastern Johnson County, TN Harlan Independent, KY Kentucky. These districts would likely find Knox County, TN Harrodsburg Independent, KY it difficult to attract alternative suppliers Macon County, TN Hazard Independent, KY Maryville City, TN from more distant locations. Jackson County, KY Metro Davidson (Nashville), TN It is of equal interest that for two years in Jenkins Independent, KY Rogersville City, TN a row, Southern Belle has been the low Jessamine County, KY Sevier County, TN bidder in the Fayatte County district (that is, Laurel County, KY Sullivan County, TN Lexington, Ky.), which has sales of over Lee County, KY Unicoi County, TN $600,000, and attracts multiple bids from Leslie County, KY Union County, TN competing dairies. Letcher County, KY Washington County, TN As mentioned above, in addition to Lincoln County, KY supplementing the record with this Madison County, KY ATTACHMENT C additional documentation, Southern Belle McCreary County, KY would like to suggest that it undertake WILEY, REIN & FIELDING Mercer County, KY certain changes in its current procedures, Montgomery County, KY January 23, 1998 which it hopes will prevent the recurrence of Oneida Baptist, KY By Messenger any reporting difficulties in the future. Owsley County, KY As a preface to doing so, we note that Perry County, KY Ms. Yvette Jackson, Southern Belle, having been on the verge of Pineville Independent, KY Acting Administrator, Food and Consumer bankruptcy and liquidation, is now a strong Pulaski County, KY Service, U.S. Department of Agriculture, competitor and often the low bidder for Rockcastle County, KY 3101 Park Center Drive, Room 1008, school milk and other government contracts. Russell County, KY Alexandria, VA 22302. Southern Belle has been able to continue in Science Hill Independent, KY Re: Southern Belle Dairy Company, Notice of business and to attract a merger partner in Somerset Independent, KY Suspension and Debarment Broughton Foods, whose purchase of Wayne County, KY Dear Ms. Jackson: On behalf of the Southern Belle means the continuing Whitley County, KY Southern Belle Dairy division of Broughton presence of a competitive dairy in the

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southeastern Kentucky region. The proposed Belle would appreciate the ability to bid on Hours of work: debarment for reporting violations would these contracts, and submits that it is in the 8:00 a.m. to 3:00 p.m.—Mon. through undermine much of the progress that government’s interest to permit Southern Thurs.—In market Southern Belle has made, with FCS’s Belle to compete for them. We therefore 3:00 p.m. to 5:00 p.m.—Mon. through assistance and under its compliance program, request that, if at all possible, this matter be Thurs.—Office over the past few years. It would also resolved promptly so that Southern Belle 8:00 a.m. to 12:00 p.m.—Friday—In market unavoidably require the consolidation of may participate in the bidding for at least 12:00 p.m. to 5:00 p.m.—Friday—Office routes and the layoffs of many Southern Belle some of these contracts. employees. Debarment would therefore hurt Very truly yours, Exhibit 2 the local Somerset, Kentucky economy and /s/ Joseph L. Ruby May 15, 1997 would reduce competition for government Harold Soper and I met with Steve dairy contracts in the region. Joseph L. Ruby Christian at the Louisville Branch. We Going forward, to insure that timely and cc: Philip Cline, Martin Shearer, Steven reviewed his job description and asked him accurate reporting is carried out under the Diamond, Esquire. if there was anything that he could not do, Compliance Agreement, all Southern Belle Exhibit 1 management will be informed that they are or was unwilling to do. Steve said that he did to report actual or suspected misconduct to Agenda not want to make sales calls or call on an Ethics Committee member within 24 Meeting with Steve Christian existing business. We stressed that all Branch hours. Furthermore, the Ethics Committee May 15, 1997 Managers did this and that it was an (which now has two new members from Items to be discussed: important part of his job. Broughton Foods) will implement new Company expectations in the following After reviewing the Job Description, we procedures whereby, when a violation is areas, provided Steve with some basic forms to reported, it will convene quickly using 1. Call on new business: document sales calls and to be filled out by telephone and fax, conduct an investigation, This should be done on a consistent basis the routemen when they have prospect or and make a timely report. and should be scheduled so that we are not need price information. Finally, it appeared that there was a wasting time. We discussed with Steve the need to create concern that the minutes of the September 2. Call on existing business: a better work environment for the routemen 26, 1997 Ethics Committee may not have We need to continue to see existing as several had complained that they had been captured the discussion at that meeting with business but not spend all our time on this mistreated in some way. One routeperson complete accuracy. It has been the practice effort. reported that he was not receiving mail to have the minutes of each meeting kept by 3. Respond to call sheets by routemen: communication from Somerset, another said one member, and not reviewed as a matter of This need to be followed-up on and results he was being used around the Branch for jobs course until the next meeting. To eliminate put in writing to the routemen with a copy that were not related to his route. accuracy concerns in the future, Southern to Zone Sales Manager. We stressed to Steve that these matters, as Belle will undertake to have the minutes 4. Fill out a customer call sheet daily and well as others, must be improved. And that typed and distributed to all members by the send to the Zone Sales Manager. if he did not make some improvement during business day following the meeting, so that 5. Oversee and have responsibility for the next two months, he would be fired. I any omissions can be corrected immediately. Branch operations, this does not mean to stay asked Steve if he understood what he was In closing, Southern Belle would like to in the office. Steve can get a daily report from being asked to do, and he said he did. point out that there are a number of Kentucky Larry when he is in the office from 3:00–5:00 We made an agreement to meet within two state government contracts which are p.m. months to review his progress. traditionally bid in February, including 6. Will also be responsible for other duties /s/ Mike Chandler contracts for parks, universities, state assigned by the Zone Sales Manager, such as hospitals, and vocational schools. Southern school bids, etc. Exhibit 3

PROJECTED FROM ACTUAL 8/97–12/97

School system Contract No. 1997–98 Sales

Adair County Schools ...... 21627 95,893.38 Barbourville City Schools ...... 22238 17,608.30 Bath County Schools ...... 29192 84,831.85 Berea Community Schools ...... 21352 26,750.62 Bowling Green City Schools ...... 27981 122,667.00 Boyle County Schools ...... 26130 37,890.91 Breathitt County Schools ...... 33238 143,257.60 Bristol City (TN) Schools ...... 34728 81,402.62 Burgin City Schools ...... 26097 14,299.24 Campbell County Schools ...... 29969 250,504.95 Clarksville Community (IN) ...... 34815 30,299.82 Corbin City Schools ...... 24627 72,999.58 Cumberland County Schools ...... 30004 41,371.73 Danville City Schools ...... 25979 56,280.46 East Bernstadt School ...... 21157 17,540.36 Estill County Schools ...... 25799 89,665.39 Fayette County Schools ...... 21100 608,675.03 Green County Schools ...... 26795 42,321.70 Greeneville City Schools ...... 30007 44,520.96 Harrodsburg City Schools ...... 33160 31,790.80 Hart County Schools ...... 28389 66,226.97 Hazard Independent Schools ...... 34848 27,636.88 Jackson Independent Schools ...... 34847 14,163.46 Knox County Schools (KY) ...... 21278 183,628.12 Larue County Schools ...... 29988 74,432.16 Lee County Schools ...... 24621 56,578.79 Lexington Private Schools ...... 15121 35,552.81

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PROJECTED FROM ACTUAL 8/97–12/97—Continued

School system Contract No. 1997–98 Sales

Lincoln County Schools ...... 24191 164,317.71 Macon County Schools ...... 23173 88,989.91 Madison County Schools ...... 25545 229,139.64 McCreary County Schools ...... 24237 140,930.13 Meade County Schools ...... 28454 153,510.34 Menifee County Schools ...... 24919 32,323.89 Mercer County Schools ...... 21763 52,000.58 Metcalfe County Schools ...... 28395 59,048.89 Monroe County Schools ...... 26543 77,986.33 Monticello City Schools ...... 21575 25,423.20 Montgomery County Schools ...... 24157 132,973.99 Morgan County Schools ...... 29503 103,785.66 Nashville Metro Schools ...... 23505 335,067.84 Pickett County Schools ...... 26661 28,096.62 Pulaski County Schools ...... 19140 294,978.80 Putnam County Schools ...... 27240 221,463.07 Rockcastle County Schools ...... 21088 87,306.99 Rowan County Schools ...... 28846 82,248.66 Russell County Schools ...... 26382 101,533.70 Science Hill School ...... 29991 13,520.93 Simpson County Schools ...... 33154 70,436.38 Somerset City Schools ...... 13449 45,378.31 Taylor County Schools ...... 26781 74,838.52 Van Buren County Schools ...... 27118 26,809.74 Wayne County Schools ...... 26404 89,391.06 West Clark Community (IN) ...... 32001 60,298.90 Whitley County Schools ...... 32580 202,722.31 Williamsburg City Schools ...... 20425 27,033.50

Total ...... 5,390,347.09

Actual School system Contract No. 1996–97 sales

Adair County Schools ...... 21627 95,893.38 Bath County Schools ...... 29192 84,831.85 Berea Community Schools ...... 21352 26,750.62 Bourbon County Schools ...... 23293 95,217.02 Boyle County Schools ...... 26130 37,890.91 Burgin City Schools ...... 26097 14,299.24 Campbell County Schools ...... 29969 250,504.95 Caverna Independent Schools ...... 28461 35,597.42 Clinton City Schools ...... 23381 30,363.58 Clinton County Schools ...... 26260 57,222.29 Cumberland County Schools ...... 30004 41,371.73 Danville City Schools ...... 25979 56,280.46 East Bernstadt School ...... 21157 17,540.36 Estill County Schools ...... 25799 89,665.39 Fayette County Schools ...... 21100 608,675.03 Garrard County Schools ...... 24200 78,654.92 Greeneville City Schools ...... 30007 44,520.96 Hardin County Schools ...... 33249 367,140.54 Harrodsburg City Schools ...... 33160 31,790.80 Hart County Schools ...... 28389 66,226.97 Knox County Schools (KY) ...... 21278 183,628.12 Lee County Schools ...... 24621 56,578.79 Lexington Private Schools ...... 15121 35,552.81 Lincoln County Schools ...... 24191 164,317.71 Macon County Schools ...... 23173 88,989.91 Madison County Schools ...... 25545 229,139.64 McCreary County Schools ...... 24237 140,930.13 Menifee County Schools ...... 24919 32,323.89 Mercer County Schools ...... 21763 52,000.58 Metcalfe County Schools ...... 28395 59,048.89 Monroe County Schools ...... 26543 77,986.33 Monticello City Schools ...... 21575 25,423.20 Montgomery County Schools ...... 24157 132,973.99 Morgan County Schools ...... 29503 103,785.66 Pickett County Schools ...... 26661 28,096.62 Powell County Schools ...... 31815 91,315.15 Pulaski County Schools ...... 19140 294,978.80

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Actual School system Contract No. 1996–97 sales

Putnam County Schools ...... 27240 221,463.07 Rockcastle County Schools ...... 21088 87,306.99 Russell County Schools ...... 26382 101,533.70 Science Hill School ...... 29992 13,520.93 Simpson County Schools ...... 33154 70,436.38 Somerset City Schools ...... 13449 45,378.31 Van Buren County Schools ...... 27118 26,809.74 Wayne County Schools ...... 26404 89,391.06 Whitley County Schools ...... 32580 202,722.31

Total ...... 4,786,071.13

United States District Court, Eastern between them concerning DFA’s Series B Preferred Capital Interest, and District of Kentucky, London Division acquisition of a partial interest in any and all lines of credit or other loans Southern Belle Dairy Co., LLC, without that Mid-Am has extended to the United States of America, et al., further Court proceedings except as set Southern Belle Dairy, and any interest Plaintiffs, v. Dairy Farmers of America, out below; in the Southern Belle Dairy acquired Inc., Defendant And whereas, DFA has entered into a from AFLP. Civil Action No.: 6:03–206–KSF written agreement with AFLP to E. ‘‘Mid-Am’’ means Mid-Am Capital LLC, a subsidiary of DFA and a Final Judgment facilitate the resolution of this matter; And whereas, DFA has represented to Delaware limited liability company with Whereas, plaintiffs, the United States the United States that the divestitures its headquarters in Kansas City, of America and the Commonwealth of required below can and will be made Missouri, its successors and assigns, its Kentucky, and defendant Dairy Farmers and that DFA will later raise no claim subsidiaries and divisions, and their of America, Inc. (‘‘DFA’’), by their of hardship or difficulty as grounds for directors, officers, managers, agents, and respective attorneys, have consented to asking the Court to modify any of the employees. the entry of this Final Judgment without divestiture provisions contained below; F. ‘‘Southern Belle Dairy’’ means the this Final Judgment constituting any Now therefore, before any testimony Southern Belle Dairy Co., LLC, a evidence against or admission by any is taken, without trail or adjudication of Delaware limited liability company that party regarding any issue of fact or law; any issue of fact or law, and upon owns and operates a milk processing And whereas, the United States of consent of the parties, it is ordered, plant located in Pulaski County, American and the Commonwealth of adjudged and decreed: Kentucky, and all related assets, Kentucky have concluded, after due including all rights and interests in it, investigation and careful consideration I. Jurisdiction including all property and contract of the relevant circumstances, including This Court has jurisdiction over the rights, all existing inventory, accounts the claims asserted in the Amended subject matter of and each of the parties receivable, pertinent correspondence Complaint, and the legal and factual to this action. The Complaint states a and files, customer lists, all related defenses thereto, that the public interest claim upon which relief may be granted customer information, advertising is served by entering into a Stipulation, against DFA under Section 7 of the materials, contracts or other to avoid the uncertainties of litigation Clayton Act, as amended (15 U.S.C. relationships with suppliers, customers and to assure that the benefits of this § 18), and under the provisions of and distributors, any rights, contracts Final Judgment are obtained; K.R.S.§ 367.110 et seq., but, by virtue of and licenses involving intellectual And whereas, DFA agrees that venue this Final Judgment, DFA has not and property, trademarks, tradenames or and jurisdiction are proper in this Court; does not admit either the allegations set brands, computers and other physical And whereas, DFA agrees to be bound forth in the Complaint or any liability or assets and equipment used for by the provisions of this Final Judgment wrongdoing. production at, distribution from, or pending its approval by the Court; associated with, that plant or any of its II. Definitions And whereas, the essence of this Final distribution branches and locations. Judgment is the prompt and certain As used in this Final Judgment: G. ‘‘Stipulation’’ means the divestiture of the Divestiture Assets by A. ‘‘Acquirer’’ means the entity or Stipulation signed by the United States, DFA; entities to whom DFA or the trustee the Commonwealth of Kentucky, and And whereas, DFA, despite its belief divest the Divestiture Assets. DFA in this matter. that it has good defenses to the claims B. ‘‘AFLP’’ means the Allen Family asserted against it in the Amended Limited Partnership, managed by Robert III. Applicability Complaint, has nevertheless agreed to Allen. A. This Final Judgment applies to enter into this Final Judgment to avoid C. ‘‘DFA’’ means Dairy Farmers of DFA, as defined above, and to all other further expense, inconvenience, the America, Inc., a Kansas corporation persons in active concert or uncertainties of litigation, and the with its headquarters in Kansas City, participation with any of them who distraction of burdensome and Missouri, its successors and assigns, its receive actual notice of this Final protracted litigation, and thereby to put subsidiaries and divisions, and their Judgment by personal service or to rest this controversy with respect to directors, officers, managers, agents, and otherwise. the United States of America and the employees. B. DFA shall require, as a condition Commonwealth of Kentucky; D. ‘‘Divestiture Assets’’ means any of the sale or other disposition of all or And whereas, DFA, the United States and all of DFA’s interests in the substantially all of DFA’s assets or of of America, and the Commonwealth of Southern Belle Dairy including DFA’s lesser business units that include the Kentucky desire to resolve disputes Series A Preferred Capital Interest and Divestiture Assets, that the purchaser

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agrees to be bound by the provisions of F. DFA shall use commercially divestiture to an Acquirer acceptable to this Final Judgment. DFA need not, reasonable efforts to cause to be the United States (after consultation however, obtain such an agreement from provided to the Acquirer and the United with the Commonwealth of Kentucky) at the Acquirer of the Divestiture Assets. States information relating to the such price and on such terms as are personnel involved in the operation of then obtainable upon reasonable effort IV. Divestitures the Southern Belle Dairy to enable the by the trustee, subject to the provisions A. DFA is ordered and directed Acquirer to make offers of employment. of Sections IV, V, and VI of this Final within five days after notice of the entry DFA shall not interfere with any Judgment, and shall have such other of this Final Judgment by the Court, to negotiations by the Acquirer to employ powers as this Court deems appropriate. divest the Divestiture Assess in a any employee whose primary Subject to Section V(D) of this Final manner consistent with this Final responsibility is the production, sale, Judgment, the trustee may hire at the Judgment to an Acquirer acceptable to marketing, or distribution of products cost and expense of DFA any the United States in its sole discretion, from the Southern Belle Dairy. investment bankers, attorneys, or other after consultation with the G. DFA shall not take any action that agents, who shall be solely accountable Commonwealth of Kentucky. The will impede in any way the operation of to the trustee, reasonably necessary in United States, in its sole discretion, after the Southern Belle Dairy of the the trustee’s judgment to assist in the consultation with the Commonwealth of divestiture of the Divestiture Assets. divestiture. Kentucky, may agree to an extension of H. Unless the United States, in its sole C. DFA shall not object to a sale by this time period for any divestiture of discretion, after consultation with the the trustee on any ground other than the up to thirty additional calendar days. Commonwealth of Kentucky, otherwise trustee’s malfeasance. Any such DFA agrees to use its best efforts to consents in writing, the divestiture objections by DFA must be conveyed in divest the Divestiture Assets as pursuant to the Section IV, or by trustee writing to the United States and the expeditiously as possible. appointed pursuant to Section V, of this trustee within ten calendar days after B. DFA shall also use commercially Final Judgment, shall include the entire the trustee has provided the notice reasonable efforts to cause AFLP to Divestiture Assets and shall be required under Section VI. divest its interests in the Southern Belle accomplished in such a way as to satisfy D. The trustee shall serve at the cost Dairy to an acquirer acceptable to the the United States, in its sole discretion, and expense of DFA, on such terms and United States in its sole discretion, after after consultation with the conditions as the United States consultation with the Commonwealth of Commonwealth of Kentucky, that the approves, after consultation with the Kentucky. Southern Belle Dairy will be a viable, Commonwealth of Kentucky, and shall C. In accomplishing the divestitures ongoing dairy. The divestiture, whether account for all monies derived from the ordered by this Final Judgment, DFA pursuant to Section IV or Section V of sale of the assets sold by the trustee and promptly shall make known to one or this Final Judgment. all costs and expenses so incurred. After more potential purchasers the (1) Shall be made to an Acquirer that, approval by the Court of the trustee’s availability of the Divestiture Assets. in the United States’ sole judgment, accounting, including fees for its DFA shall inform any potentially after consultation with the services and those of any professionals qualified purchaser making inquiry Commonwealth of Kentucky, has the and agents retained by the trustee, all regarding a possible purchase of the intent and capability (including the remaining money shall be paid to DFA Divestiture Assets that such assets are necessary managerial, operational, and the trust shall then be terminated. being offered for sale. technical and financial capability) of The compensation of the trustee and D. DFA shall use commercially competing effectively in school and any professionals and agents retained by reasonable efforts to cause to be fluid milk markets in Kentucky and the trustee shall be reasonable in light furnished to all prospective Acquirers, Tennessee; and of the value of the Divestiture Assets subject to the customary confidentiality (2) Shall be accomplished so as to and based on a fee arrangement assurances, all information and satisfy the United States, in its sole providing the trustee with an incentive documents relating to the Divestiture discretion, after consultation with the based on the price and terms of the Assets and the Southern Belle Dairy Commonwealth of Kentucky, that none divestiture and the speed with which it customarily provided in a due diligence of the terms of any agreement between is accomplished, but timeliness is process except such information or an Acquirer and DFA give DFA the paramount. documents subject to the attorney-client ability unreasonably to raise the E. DFA shall use its best efforts to privilege or attorney work-product Acquirer’s costs, to lower the Acquirer’s assist the trustee in accomplishing the doctrine. DFA shall make available such efficiency, or otherwise to interfere in required divestiture. While the trustee information to the United States and the the ability of the Acquirer to compete shall have the right to sell the Commonwealth of Kentucky at the same effectively. Divestiture Assets, DFA shall use time that such information is made commercially reasonable efforts to cause available to any other person. V. Appointment of Trustee AFLP to divest its interests in the E. DFA shall use commercially A. If DFA has not divested the Southern Belle Dairy to an acquirer reasonable efforts to obtain permission Divestiture Assets within the time acceptable to the United States in its for prospective Acquirers of the period specified in Section IV(A), DFA sole discretion, after consultation with Divestiture Assets to have reasonable shall notify the United States of that fact the commonwealth of Kentucky. The access to personnel and to make in writing. Upon application of the trustee and any consultants, inspections of the physical facilities of United States, the Court shall appoint a accountants, attorneys, and other the Southern Belle Dairy; access to any trustee selected by the United States and persons retained by the trustee shall and all environmental, zoning, and approved by the Court to effect the have full and complete access to the other permit documents and divestiture of the Divestiture Assets. personnel, books, records, and facilities information; and access to any and all B. After the appointment of a trustee of the business to be divested, and DFA financial, operational, or other becomes effective, only the trustee shall shall develop financial and other documents and information customarily have the right to sell the Divestiture information relevant to such business as provided as part of a due diligence Assets. The trustee shall have the power the trustee may reasonably request, process. and authority to accomplish the subject to reasonable protection for

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trade secret or other confidential VI. Notice of Proposed Divestitures with DFA as a condition for the sale of research, development, or commercial A. Within two business days the Divestiture Assets. information. DFA shall take no action to following execution of definitive IX. Affidavits interfere with or to impede the trustee’s divestiture agreement, DFA or the accomplishment of the divestiture. A. Within twenty calendar days of trustee, whichever is then responsible DFA’s signing the Stipulation, and every F. After its appointment, the trustee for effecting the divestiture required thirty calendar days thereafter until the shall file monthly reports with the herein, shall notify the United States divestiture has been completed under United States, the Commonwealth of and the Commonwealth of Kentucky of Sections IV or V, DFA shall deliver to Kentucky, DFA, and the court setting the proposed divestiture required by the United States an affidavit as to the forth the trustee’s efforts to accomplish Sections IV or V of this Final Judgment. fact and manner of its compliance with the divestiture ordered under this final If the trustee is responsible, it shall Section IV or V of this Final Judgment. Judgment. To the extent such reports similarly notify DFA. The notice shall Each such affidavit shall include the contain information that the trustee set forth the details of the proposed name, address, and telephone number of deems confidential, such reports shall divestiture and list the name, address, each person who, during the preceding not be filed in the public docket of the and telephone number of each person thirty calendar days, made an offer to Court and DFA’s copy of the reports not previously identified who offered or acquire, expressed an interest in shall have such confidential information expressed an interest in or desire to acquiring, entered into negotiations to redacted. Such reports shall include the acquire any ownership interest in the acquire, or was contacted or made an name, address, and telephone number of Divestiture Assets, together with full inquiry about acquiring, any interest in each person who, during the preceding details of the same. the Divestiture Assets, and shall month, made an offer to acquire, B. Within fifteen calendar days of describe in detail each contact with any expressed an interest in acquiring, receipt by the United States of such such person during that period. Each entered into negotiations to acquire, or notice, the United States may request such affidavit shall also include a was contacted or made an inquiry about from DFA, the proposed Acquirer, any description of the efforts DFA has taken acquiring, any interest in the Divestiture other third party, or the trustee if to solicit buyers for the Divestiture Assets, and shall describe in detail each applicable additional information Assets, and to provide required contact with any such person. The concerning the proposed divestiture, the information to prospective purchasers, trustee shall maintain full records of all proposed Acquirer, and any other including the limitations, if any, on potential Acquirer. DFA and the trustee efforts made to divest the Divestiture such information. Assuming the shall furnish any additional information Assets. information set forth in the affidavit is requested within fifteen calendar days true and complete, any objection by the G. If the trustee has not accomplished of the receipt of the request, unless the United States to information provided such divestiture within six months after parties shall otherwise agree. by DFA, including limitation on its appointment, the trustee shall C. Within thirty calendar days after information, shall be made within promptly file with the Court a report receipt of the notice or within twenty fourteen calendar days of receipt of such setting forth (1) the trustee’s efforts to calendar days after the United States has affidavit. accomplish the required divestiture, (2) been provided the additional B. Within twenty calendar days of the reasons, in the trustee’s judgment, information requested from DFA, the DFA’s signing the Stipulation, DFA why the required divestiture has not proposed Acquirer, and third party, and shall deliver to the United States an been accomplished, and (3) the trustee’s the trustee, whichever is later, the affidavit that describes in reasonable recommendations. To the extent such United States shall provide written detail all actions DFA has taken and all reports contain information that the notice to DFA and the trustee is one, steps DFA has implemented on an trustee deems confidential, such reports stating whether or not it objects to the ongoing basis to comply with the shall not be filed in the public docket proposed divestiture. If the United Stipulation. DFA shall deliver to the of the Court. The trustee shall at the States provides written notice that it United States an affidavit describing any same time furnish such report to the does not object, the divestiture may be changes to the efforts and actions United States and the Commonwealth of consummated, subject only to DFA’s outlined in DFA’s earlier affidavits filed Kentucky who shall have the right to limited right to object to the sale under pursuant to this section within fifteen make additional recommendations Section V(C) of this Final Judgment. calendar days after the change is consistent with the purpose of the trust. Absent written notice that the United implemented. The trustee shall at the same time States does not object to the proposed C. DFA shall keep all records of all furnish the report to DFA, but with all Acquirer or upon objection by the efforts made to preserve and divest the confidential information redacted. The United States, the divestiture proposed Divestiture Assets until one year after Court thereafter shall enter such orders under Sections IV or Section V shall not such divestiture has been completed. be consummated. Upon objection by as it shall deem appropriate to carry out X. Compliance Inspection the purpose of the Final Judgment, DFA under Section V(C), the divestiture A. For the purposes of determining or which may, if necessary, include proposed under Section V shall not be securing compliance with this Final extending the trust and the term of the consummated unless approved by the Judgment, or of determining whether trustee’s appointment by a period Court. the Final Judgment should be modified required by the United States. VII. Financing or vacated, and subject to any legally H. If necessary in the trustee’s DFA shall not finance all or any part recognized privilege, from time to time judgment to divest the Divestiture of any purchase made pursuant to duly authorized representatives of the Assets, DFA shall use its best efforts to Section IV or V or this Final Judgment. Untied States Department of Justice or assist the trustee in dissolving the the Commonwealth of Kentucky, Southern Belle Dairy under Delaware VIII. Supply Contracts including consultants and other persons Statute 6 Del. C. § 18–802, or such other DFA shall not require the Acquirer to retained by either of them, shall, upon applicable statutes and laws. enter into a supply contract for raw milk written request of a duly authorized

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representative of the Assistant Attorney term of this Final Judgment without the Southern Belle Dairy Co., LLC General in charge of the Antitrust prior written approval of the United (‘‘Southern Belle’’) violated Section 7 of Division or the Attorney General for States. Unless the United States the Clayton Act (‘‘Section 7’’), 15 U.S.C. Kentucky, and on reasonable notice to otherwise agrees in writing, DFA will 18.1 An Amended Complaint was filed DFA, be permitted: urge any partnership, joint venture, on May 6, 2004. Access during DFA’s office hours to limited liability company, or other firm The Amended Complaint alleged that inspect and copy, or at plaintiffs’ option, to in which it has an equity interest, not the acquisition may substantially lessen require DFA provide copies of, all books, to acquire the Divestiture Assets or any competition for the sale of milk sold to ledgers, accounts, records and documents in interest in Southern Belle Dairy during schools in one hundred school districts the possession, custody, or control of DFA, the term of this Final Judgment; such in eastern Kentucky and Tennessee. On relating to any matters contained in this Final urging shall include, among other August 31, 2004, the District Court Judgment; and things, voting its interest, if applicable, granted summary judgment to DFA and To interview, either informally or on the against such an acquisition. record, DFA’s officers, employees, or agents, Southern Belle. The government who may have their individual counsel XII. Retention of Jurisdiction appealed, and on October 25, 2005, the present, regarding such matters. The Court of Appeals reversed the grant of interviews shall be subject to the reasonable This Court retains jurisdiction to summary judgment as to DFA and convenience of the interviewee and without enable any party to this Final Judgment remanded the case for trial. The Court restraint or interference by DFA. to apply to this Court at any time for of Appeals affirmed the dismissal of further orders and directions as may be B. Upon the written request of a duly Southern Belle, leaving DFA as the only necessary or appropriate to carry out or authorized representative of the defendant. See United States v. Dairy construe this Final Judgment, to modify Assistant Attorney General in charge of Farmers of America, 426 F.3d 850 (6th any of its provisions, to enforce the Antitrust Division or the Attorney Cir. 2005). compliance, and to punish violations of General for Kentucky, DFA shall submit On October 2, 2006, the United States its provisions. written reports and interrogatory filed a proposed Final Judgment that responses, under oath if requested, XIII. Expiration of Final Judgment requires DFA to divest its interest in Southern Belle and use its best efforts to relating to any of the matters contained Unless this Court grants an extension, require its partner, the Allen Family in this Final Judgment as may be this Final Judgment shall expire ten Limited Partnership (‘‘AFLP’’), to also requested. years from the date of its entry. C. No information or documents divest its interest in Southern Belle. obtained by the means provided in this XIV. Public Interest Determination DFA has proposed divesting its interest section shall be divulged by the United Entry of this Final Judgment is in the and AFLP’s interest in Southern Belle to States or the Commonwealth of public interest. Prairie Farms Dairy, Inc. (‘‘Prairie Kentucky to any person other than an Farms’’), and the government has Dated: lllllllllllllllll authorized representative of the approved Prairie Farms as a suitable executive branch of the United States or Court approval subject to procedures of buyer of DFA’s and AFLP’s interest in the Commonwealth of Kentucky, except Antitrust Procedures and Penalties Act, 15 Southern Belle. The proposed Final in the course of legal proceedings to U.S.C. 16. Judgement is designed to eliminate the which at least one of the plaintiffs is a lllllllllllllllllllll anticompetitive effects of the party (including grand jury United States District Judge acquisition alleged in the Amended proceedings), or for the purpose of FILED ELECTRONICALLY Complaint. securing compliance with this Final United States District Court, Eastern The government and DFA have Judgment, or as otherwise required by District of Kentucky, London Division stipulated that the proposed Final law. Judgment may be entered after D. If at the time information or United States of America, et al. compliance with the APPA. Entry of the documents are furnished by DFA to the Plaintiffs, v. Dairy Farmers of America, proposed Final Judgment would plaintiffs, DFA represents and identifies Inc., et al., Defendants terminate this action, except that the in writing the material in any such Civil Action No.: 6:03–206–KSF Court would retain jurisdiction to information or documents to which a construe, modify, or enforce the claim of protection may be asserted Competitive Impact Statement provisions of the proposed Final under Rule 26(c)(7) of the Federal Rules Pursuant to Section 2(b) of the Judgment and to punish violations of Civil Procedure, and DFA marks each Antitrust Procedures and Penalties Act thereof. pertinent page of such material, (‘‘APPA’’ or ‘‘Tunney Act’’), 15 U.S.C. II. The Alleged Violations ‘‘Subject to claim of protection under 16(b)–(h), plaintiff United States of Rule 26(c)(7) of the Federal Rules of America files this Competitive Impact A. The Defendants Civil Procedure,’’ then the plaintiffs Statement relating to the proposed Final Dairy Farmers of America (‘‘DFA’’) is shall give DFA ten calendar days notice Judgment submitted for entry in this a Kansas milk marketing cooperative prior to divulging such material in any civil antitrust proceeding. with its headquarters and principal legal proceeding (other than a grand jury I. Nature and Purpose of This place of business in Kansas City, proceeding). Proceeding Missouri. DFA is the largest dairy cooperative in the world. DFA sells raw XI. Reacquisition of the Divestiture The United States and the milk in interstate commerce. In 2005, Assets Commonwealth of Kentucky DFA had 20,000 members in 49 states, Other than acquiring AFLP’s interests (collectively, the ‘‘government’’) filed a marketed 59.7 billion pounds of raw in the Southern Belle Dairy for resale to civil antitrust Complaint under Section the Acquirer, DFA may not directly or 15 of the Clayton Act, 15 U.S.C. 25, on 1 The Commonwealth of Kentucky joined this indirectly reacquire in whole or in part April 24, 2003, alleging that the lawsuit under 15 U.S.C. 26, and also sought relief the Divestiture Assets or any interest in acquisition by Dairy Farmers of pursuant to the provisions of K.R.S. § 367.110, et the Southern Belle Dairy during the America, Inc. (‘‘DFA’’) of its interest in seq.

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milk in the United States, and had over solicit school milk bids together.2 As a bidding as a result of a small but $8.9 billion in revenues. practical matter, these school districts significant increase in school milk Southern Belle Dairy Co., LLC are unable to turn to additional school prices. This is supported by the lack of (‘‘Southern Belle’’) owns the Southern milk suppliers, who would not bid for new entry into these markets when Belle dairy processing plant. Southern their school milk contracts even if the competition between Southern Belle Belle is a Delaware limited liability price of school milk were to increase by and Flav-O-Rich has been reduced. company with its headquarters and a small but significant amount. First, in the 1980s, these two dairies principal place of business in Somerset, The Amended Complaint alleged that rigged bids for school milk contracts for Kentucky. Southern Belle processed DFA’s acquisition of its interest in many of the school districts affected by approximately 25 million gallons of raw Southern Belle would lessen the acquisition. Despite an increase in milk in 2001 and had annual revenues competition substantially in the sale of school milk prices, new entry did not of approximately $65 million that year. school milk in each of the school occur in these markets to undermine the Southern Belle sells fluid milk in districts identified in the Amended bid-rigging conspiracy, which lasted for interstate commerce, including milk to complaint. These districts receive over ten years. Second, competition school districts in Kentucky and school milk bids from Southern Belle between Southern Belle and Flav-O- Tennessee. and dairies operated by National Dairy Rich was eliminated in some districts Holdings, LP (‘‘NDH’’), a dairy holding when Southern Belle was suspended B. The Acquisition company also 50 percent-owned by from bidding on certain school milk Southern Belle was formed by DFA on DFA. Some affected districts and groups contracts from 1998 to 2000 by the U.S. February 20, 2002. It acquired the assets of districts also receive bids from a third Department of Agriculture for violating of the Southern Belle dairy plant on supplier. One of the NDH-operated provisions of an antitrust compliance February 25, 2002. On February 26, dairies that serves the affected school program. Again, for those districts 2002, DFA’s joint venture partner AFLP districts is the Flav-O-Rich dairy, affected by the loss of Southern Belle as acquired 50 percent of Southern Belle. located in London, Kentucky, only 30 a bidder for school milk contracts, The purchase price of the Southern miles from the Southern Belle plant in relative prices for school milk rose and Belle dairy plant was approximately Somerset, Kentucky. The transaction new entry did not occur to return prices $18.7 million: $2 million in common lessened competition for school districts to a competitive level. equity; $4 million in preferred equity; receiving milk contract bids from both For all of these reasons, the and the rest paid through of a line of Southern Belle and NDH because, as a government concluded that the credit. DFA and AFLP each contributed result of the transaction, both Southern transaction would substantially lessen $1 million in exchange for each Belle and NDH were 50 percent-owned competition in the sale of school milk receiving 50 percent of the common by DFA. Since any contracts won by in the school districts in Kentucky and interests in Southern Belle. A subsidiary Southern Belle from NDH, or vice versa, Tennessee identified in the Amended of DFA contributed $4 million in through aggressive bidding would likely Complaint, by increasing prices and/or exchange for preferred equity interests reduce DFA’s profits, reduced reducing quality, all in violation of and extended to Southern Belle the line competition between Southern Belle Section 7 of the Clayton Act. Indeed, the of credit used to finance the remaining and NDH is in DFA’s interest. government found evidence that, after In 45 of the school districts listed in $12.7 million of the purchase price. the transaction, bids to districts where the Amended Complaint, the effect of Southern Belle and Flav-O-Rich were C. Anticompetitive Effects of the the acquisition has been to establish a the only bidders were higher than bids Acquisition monopoly, with only Southern Belle received by other districts with only two and Flav-O-Rich (or another NDH dairy) The Amended Complaint alleged that bidders, though this was not true before as possible milk suppliers. In these the manufacture, distribution, and sale the transaction. districts, the acquisition would give of school milk constitutes a relevant DFA the incentive and ability to III. Explanation of the Proposed Final product market. Milk is a product that encourage, facilitate, or enforce Judgment has special nutritional characteristics cooperation between Southern Belle and The divestiture requirement of the and no practical substitutes. Dairies sell NDH to raise prices or decrease the level proposed Final Judgment will eliminate milk to schools with special services, or quality of service provided to these the anticompetitive effects identified in including storage coolers, daily or school districts. In 55 school districts the Amended Complaint by requiring every-other-day delivery to each school, listed in the Amended Complaint, the DFA to divest its interest in Southern constant rotation of old milk, and acquisition has reduced the number of Belle. In addition, the proposed Final replacement of expired milk. Moreover, independent competitors from three to Judgment requires DFA to use school districts must provide milk in two, making it likely that the remaining commercially reasonable efforts to cause order to receive substantial funds under bidders will bid less aggressively against AFLP to divest its interest in Southern Federal school meal subsidy programs. each other. Belle. The proposed Final Judgment There are no other products that school The Amended complaint also alleged requires the United States, in districts would substitute for school that entry into the affected markets by consultation with the Commonwealth of milk in the event of a small but other dairies or distributors would not Kentucky, to approve any buyer of significant price increase. be timely, likely, or sufficient to deter DFA’s and AFLP’s interests in Southern The Amended Complaint alleged that the anticompetitive effects caused by Belle. The divestitures must be the relevant geographic markets in the acquisition. Dairies or distributors accomplished in such a way as to satisfy which to assess the competitive effects not currently competing in the affected the United States, in its sole discretion, of the acquisition are the school districts markets would be unlikely to start after consultation with the in eastern Kentucky and Tennessee Commonwealth of Kentucky, that identified in Attachments A and B of 2 These groups of school districts require bidders Southern Belle will be a viable, ongoing the Amended Complaint, either as to charge the same price to the entire group, require dairy business capable to competing individual districts or, where successful bidders to serve all of group’s districts at the same price, and require the group’s members effectively in the sale of school and applicable, as groups of districts that to accept the group bid. fluid milk in Kentucky and Tennessee.

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The effect of these divestitures would be the divestiture. The proposed Final provisions of Section 5(a) of the Clayton to restore competition between Judgment allows the United States to Act (15 U.S.C. § 16(a)), the proposed Southern Belle and NDH, with the delay the appointment of the trustee for Final Judgment has no prima facie effect divestiture of AFLP’s interest allowing a thirty days. If a trustee is appointed, the in any subsequent private lawsuit that buyer of Southern Belle to acquire the proposed Final Judgment provides that may be brought against DFA or entire dairy as a going concern, rather DFA will pay all costs and expenses of Southern Belle. than as a 50 percent owner in the trustee. The trustee’s commission V. Procedures Available for conjunction with AFLP. During the will be structured so as to provide an Modification of the Proposed Final divestiture process, DFA is prohibited incentive for the trustee based on the Judgment from taking any steps to degrade the price obtained and the speed with operations of Southern Belle, and the which the divestiture is accomplished. The parties have stipulated that the entire Southern Belle dairy business is After his or her appointment becomes proposed Final Judgment may be to be sold through the divestiture, effective, the trustee will file monthly entered by the Court after compliance instead of piecemeal, so it can and will reports with the Court and the United with the provisions of the APPA, be operated by the purchaser as a viable, States setting forth his or her efforts to provided that the United States has not ongoing business that can compete accomplish the divestiture. At the end withdrawn its consent. The APPA effectively in the relevant markets. In of six months, if the divestiture has not conditions entry upon the Court’s addition, DFA is not permitted to been accomplished, the trustee and the determination that the proposed Final finance any part of a purchaser’s United States will make Judgment is in the public interest. acquisition of the Southern Belle dairy recommendations to the Court, which The APPA provides a period of at and is prohibited from requiring the shall enter such orders as appropriate, least sixty (60) days preceding the purchaser to enter into a raw milk in order to carry out the purpose of the effective date of the proposed Final supply contract with DFA as a condition trust, including extending the trust or Judgment within which any person may of the divestiture. the term of the trustee’s appointment. submit to the United States written The government and DFA reached The divestitures required by the comments regarding the proposed Final agreement on the terms of the proposed proposed Final Judgment eliminate the Judgment. Any person who wishes to Final Judgment and signed the harm to competition identified in the comment should do so within sixty (60) Stipulation on May 15, 2006. That same Amended Complaint by making days of the date of publication of this day, DFA and AFLP executed an option Southern Belle completely independent Competitive Impact Statement is agreement giving DFA the ability to from DFA and NDH, including the Flav- published in the Federal Register, or the purchase AFLP’s ownership interest in O-Rich dairy. Prairie Farms’ purchase of last date of publication in a newspaper Southern Belle. This option agreement Southern Belle accomplishes this goal of of the summary of this Competitive allows DFA to sell the dairy in its the proposed Final Judgment. Prairie Impact Statement, whichever is later. entirety rather than just DFA’s partial Farms will be purchasing Southern All comments received during this ownership interest in the dairy. Not Belle as a complete going concern, period will be considered by the only would a complete transfer of including the plant in Somerset, Department of Justice, which remains Southern Belle to a new owner Kentucky, distribution facilities, free to withdraw its consent to the eliminate the government’s concerns equipment, and trademarks. The proposed Final Judgment at any time about DFA’s ownership interests in both government believes that Prairie Farms prior to the Court’s entry of judgment. Southern Belle and Flav-O-Rich, the can capably operate and manage The comments and the response of the divestitures also eliminate the Southern Belle, as it already owns and United States will be filed with the possibility of anticompetitive effects as operates several dairy processing plants. Court and published in the Federal a result of DFA’s ability to influence The government believes that Southern Register. AFLP, its long-time business partner. Belle will continue to bid on school Written comments should be In exchange for DFA’s agreement to milk contracts under Prairie Farms’ submitted to: Mark J. Botti, Chief, divest its interest in Southern Belle and ownership, including against Flav-O- Litigation I Section, Antitrust Division, use its best efforts to have AFLP do the Rich and other NDH dairies. The U.S. Department of Justice, 1401 H St. same, and so that DFA could find a divestiture of DFA’s and AFLP’s NW., Suite 4000, Washington, DC buyer for the dairy, the government interests in Southern Belle to Prairie 20530. agreed in a letter agreement with DFA Farms has allowed the government to The proposed Final Judgment dated May 15, 2006, not to file the secure relief more quickly than if the provides that the Court retains Stipulation and proposed Final matter had gone to trial. In addition, this jurisdiction over this action, and the Judgment until the earlier of 120 days relief is equal to, and probably exceeds, parties may apply to the Court for any after signing the Stipulation, or DFA the relief that the government could order necessary or appropriate for the gave notice that it executed an have obtained after a victory at trial. modification, interpretation, or agreement with a buyer. A copy of this enforcement of the Final Judgment. letter agreement is provided as Exhibit IV. Remedies Available to Potential A to this Competitive Impact Statement. Private Litigants VI. Alternatives to the Proposed Final If DFA was not able to find a buyer for Section 4 of the Clayton Act (15 Judgment Southern Belle after 120 days had U.S.C. 15) provides that any person who The government considered, as an elapsed, DFA agreed that the has been injured as a result of conduct alternative to the proposed Final government could file the Stipulation prohibited by the antitrust laws may Judgment, a full trial on the merits of and proposed Final Judgment. bring suit in Federal court to recover the Amended Complaint against DFA, If a buyer for Southern Belle were not three times the damages the person has continuing the litigation and seeking the found by five days after DFA receives suffered as well as costs and reasonable divestiture of DFA’s interest in Southern notice of the entry of the proposed Final attorneys’ fees. Entry of the proposed Belle and other injunctive relief Judgment, the Final Judgment provides Final Judgment will neither impair nor requested in the Amended Complaint. that the Court will appoint a trustee assist the bringing of any private The government is satisfied, however, selected by the United States to effect antitrust damage action. Under the that the divestitures and other relief

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contained in the proposed Final harm third parties. See United States v. consent decree even though the court Judgment will preserve competition in Microsoft Corp., 56 F.3d 1448, 1458–62 would have imposed a greater remedy). the relevant markets alleged in the (D.C. Cir. 1995). Moreover, the Court’s role under the Amended Complaint. The government With respect to the adequacy of the APPA is limited to reviewing the believes that by requiring DFA to divest relief secured by the decree, a court may remedy in relationship to the violations its interest in Southern Belle, as well as not ‘‘engage in an unrestricted that the United States has alleged in its using its best efforts to have AFLP evaluation of what relief would best Amended Complaint, and does not simultaneously divest its interest in the serve the public.’’ United States v. BNS, authorize the Court to ‘‘construct [its] remaining 50 percent of the dairy, the Inc., 858 F.2d 456, 462 (9th Cir. 1988) own hypothetical case and then relief obtained in the proposed Final (citing United States v. Bechtel Corp., evaluate the decree against that case.’’ Judgment has allowed the government 648 F.2d 660, 666 (9th Cir. 1981)); see Microsoft, 56 F.3d at 1459. Because the to secure relief more quickly than if the also Microsoft, 56 F.3d at 1460–62. ‘‘court’s authority to review the decree matter had gone to trial. In addition, the Courts have held that: depends entirely on the government’s exercising its prosecutorial discretion by relief is equal to, and probably exceeds, [t]he balancing of competing social and the relief that the government could political interests affected by a proposed bringing a case in the first place,’’ it have obtained after a victory at trial. antitrust consent decree must be left, in the follows that ‘‘the court is only authorized to review the decree itself,’’ VII. Standard of Review Under the first instance, to the discretion of the Attorney General. The court’s role in and not to ‘‘effectively redraft the APPA for Proposed Final Judgment protecting the public interest is one of complaint’’ to inquire into other matters The APPA requires that proposed insuring that the government has not that the United States did not pursue. consent judgments in antitrust cases breached its duty to the public in consenting Id. at 1459–60. brought by the United States be subject to the decree. The court is required to In its 2004 amendments to the to a sixty (60)-day comment period, after determine not whether a particular decree is Tunney Act, Congress made clear its which the Court shall determine the one that will best serve society, but intent to preserve the practical benefits whether the settlement is ‘‘within the reaches whether entry of the proposed Final of the public interest.’’ More elaborate of utilizing consent decrees in antitrust Judgment ‘‘is in the public interest.’’ 15 requirements might undermine the enforcement, adding the unambiguous U.S.C. 16(e)(1). In making that effectiveness of antitrust enforcement by instruction ‘‘[n]othing in this section determination, the Court shall consider: consent decree. shall be construed to require the court to conduct an evidentiary hearing or to (A) The competitive impact of such Bechtel, 648 F.2d at 666 (emphasis require the court to permit anyone to judgment, including termination of alleged added) (citations omitted).4 In making intervene.’’ 15 U.S.C. 16(e)(2). This violations, provisions for enforcement and its public interest determination, a modification, duration of relief sought, language codified the intent of the district court must accord due respect to anticipated effects of alternative remedies original 1974 statute, expressed by the government’s prediction as to the actually considered, whether its terms are Senator Tunney in the legislative effect of proposed remedies, its ambiguous, and any other competitive history: ‘‘[t]he court is nowhere perception of the market structure, and considerations bearing upon the adequacy of compelled to go to trial or to engage in such judgment that the court deems its views of the nature of the case. extended proceedings which might have necessary to a determination of whether the United States v. Archer-Daniels- the effect of vitiating the benefits of consent judgement is in the public interest; Midland Co., 272 F. Supp. 2d 1, 6 prompt and less costly settlement and (D.D.C. 2003). through the consent decree process.’’ (B) The impact of entry of such judgment Court approval of a final judgment upon competition in the relevant market or 119 Cong. Rec. 24,598 (1973) (statement requires a standard more flexible and markets, upon the public generally and of Senator Tunney). Rather: individuals alleging specific injury from the less strict than the standard required for violations set forth in the complaint a finding of liability. ‘‘[A] proposed [a]bsent a showing of corrupt failure of the government to discharge its duty, the Court, including consideration of the public benefit, decree must be approved even if it falls in making its public interest finding, should if any, to be derived from a determination of short of the remedy the court would * * * carefully consider the explanations of the issues at trial. impose on its own, as long as it falls the government in the competitive impact 15 U.S.C. 16(e)(1)(A) and (B) 3 As the within the range of acceptability or is statement and its responses to comments in United States Court of Appeals for the ‘within the reaches of public interest’’’ order to determine whether those District of Columbia Circuit has held, United States v. Am. Tel. & Tel. Co., 552 explanations are reasonable under the under the APPA a court considers, F. Supp. 131, 151 (D.D.C. 1982) circumstances. among other things, the relationship (citations omitted) (quoting United United States v. Mid-American between the remedy secured and the States v. Gillette Co., 406 F. Supp. 713, Dairymen, Inc., 1977–1 Trade Cas. specific allegations set forth in the 716 (D. Mass. 1985)), aff’d sub nom. (CCH) ¶ 61,508, at 71,980 (W.D. Mo. government’s complaint, whether the Maryland v. United States, 460 U.S. 1977). 1001 (1983); see also United States v. decree is sufficiently clear, whether VIII. Determinative Documents enforcement mechanisms are sufficient, Alcan Aluminum Ltd., 605 F. Supp. 619, and whether the decree may positively 622 (W.D. Ky. 1985) (approving the In formulating the proposed Final Judgment, the United States considered 3 In 2004, Congress amended the APPA to ensure 4 Cf. BNS, 858 F.2d at 464 (holding that the DFA’s agreement with AFLP, dated May that courts take into account the above-quoted list court’s ‘‘ultimate authority under the [APPA] is 15, 2006, giving DFA the option to of relevant factors when making a public interest limited to approving or disapproving the consent purchase AFLP’s interest in Southern determination. Compare 15 U.S.C. 16(e) (2004) with decree’’); United States v. Gillette Co., 406 F. Supp. 15 U.S.C. 16(e)(1) (2006) (substituting ‘‘shall’’ for 713, 716 (d. Mass. 1975) (noting that, in this way, Belle. This agreement, a determinative ‘‘may’’ in directing relevant factors for court to the court is constrained to ‘‘look at the overall document as described in Section 2(b) consider and amending list of factors to focus on picture not hypercritically, nor with a microscope, of the APPA, 15 U.S.C. 16(b), is competitive considerations and to address but with an artist’s reducing glass’’); see generally available for public inspection at the potentially ambiguous judgment terms). On the Microsoft, 56 F.3d at 1461 (discussing whether ‘‘the points discussed herein, the 2004 amendments did remedies [obtained in the decree are] so office of the Department of Justice in not alter the substance of the Tunney Act, and the inconsonant with the allegations charged as to fall Washington, DC, Room 200, 325 pre-2004 precedents cited below remain applicable. outside of the ‘reaches of the public interest’’’). Seventh Street, NW., and at the office of

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the Clerk of the United States District Farmers of America, et al. limited liability company (‘‘Southern Belle’’); Court for the Eastern District of Dear Todd: This letter sets forth the and Kentucky, London, Kentucky, as Exhibit agreement among the Department of Justice WHEREAS, DFA is or will become the B to this Competitive Impact Statement. (‘‘the Department’’), the Commonwealth of owner of the [REDACTED] of Series A Kentucky (‘‘the Commonwealth’’), and Diary Preferred Capital Interest and the Dated: October 2, 2006. Farmers of America, Inc. (‘‘DFA’’) regarding [REDACTED] of Series B Preferred Capital Respectfully Submitted, the Stipulation and proposed Final Judgment Interest in Southern Belle, plus all lines of Jon B. Jacobs, Richard Martin, N. Christopher in this matter. Except as discussed below, the credit or other loans from Mid-Am Capital, Hardee, Richard D. Cooke, Ihan Kim, Department and the Commonwealth agree L.L.C., (‘‘DFA Interests’’); and Attorneys, Litigation I Section, Antitrust not to file the Stipulation and proposed Final WHEREAS, DFA is a defendant in an Division, United States Department of Judgment with the Court until the earlier of action filed by the United States of America through its Department of Justice (‘‘DOJ’’) Justice, City Center Building, 1401 H. Street (1) 120 calendar days after DFA’s signing of and by the Commonwealth of Kentucky and NW., Suite 4000, Washington, DC 20530. the Stipulation or (2) the day after DFA gives pending in the United States District Court Telephone: 202–307–0001. Facsimile: 202– notice to the United States and the for the Eastern District of Kentucky originally 307–5802. E-mail: [email protected]. Commonwealth pursuant to Section VI.A of the proposed Final Judgment that DFA has titled United States of America and the Certificate of Service executed a divestiture agreement with a Commonwealth of Kentucky v. Dairy Farmers This certifies that I caused a true and proposed Acquirer of the Divestiture Assets. of America, Inc. and Southern Belle Dairy correct copy of the foregoing Competitive During this period, however, the Department Co., LLC, Civil Action No. 6:03–cv–206–KSF Impact Statement to be served on October 2, and the Commonwealth reserve the right to (the ‘‘DOJ Litigation’’); 2006, in the manner indicated: file the Stipulation and proposed Final WHEREAS, DFA and AFLP have been in Judgment with the Court under seal should discussions regarding the possibility of David A. Owen, Esq., Greenebaum Doll & they, in their sole discretion, determine after entering into a purchase agreement McDonald, PLLC, 300 West Vine Street— giving 15 days written notice of its reasons (‘‘Purchase Agreement’’) relating to all of the Suite 1100, Lexington, KY 40507, Counsel for to DFA that DFA is not complying with the AFLP Interests, subject to and conditioned on Dairy Farmers of America, Inc. (via e-mail terms of the Stipulation and proposed Final (i) full and final settlement of the DOJ and first-class mail). Judgment. The Department will exercise its Litigation and (ii) DFA’s ability and the DOJ’s W. Todd Miller, Esq., Baker & Miller, sole discretion under this letter agreement acceptance and/or acquiescence to DFA PLLC, 2401 Pennsylvania Ave., Suite 300, and the Final Judgment in good faith in light concurrently entering into a definitive Washington, DC 20037, Counsel for Dairy of the relevant facts, law, and public policy. purchase agreement relating to the sale of the Farmers of America, Inc. (via e-mail and first- Beginning immediately with DFA’s signing DFA and AFLP Interests and/or the sale of all class mail). of the Stipulation, DFA must comply with all or substantially all of the operational assets John M. Famularo, Esq., Stites & Harbison obligations and prohibitions set forth in the of Southern Belle Dairy (‘‘Assets’’) with a PLLC, 250 West Main Street, Suite 2300, Stipulation and proposed Final Judgment third-party purchaser (‘‘Acquirer’’), pursuant Lexington, Kentucky 40507, Counsel for including keeping the Department and the to which an Acquirer would purchase both Dean Foods Company (via e-mail and first- Commonwealth informed as to DFA’s actions the DFA and the AFLP Interests and/or the class mail). seeking an Acquirer. Assets from DFA (the ‘‘Acquisition John L. Fleischaker, Esq., R. Kenyon If this accurately sets forth the agreement Agreement’’); and Meyer, Esq., Jeremy S. Rogers, Esq., Dinsmore among the Department, the Commonwealth WHEREAS, in furtherance of the & Shohl LLP, 1400 PNC Plaza, 500 West and DFA, please execute a copy of this letter discussions and as a condition precedent to Jefferson Street, Louisville, Kentucky 40202, on behalf of DFA and return the copy to me. the DFA’s obligation to purchase the AFLP Counsel for Chicago Tribune Company (via e- Sincerely, Interests from AFLP, and for the additional mail and first-class mail). consideration set forth herein, the AFLP Charles E. Shivel, Jr., Esq., Stoll Keenon Mark J. Botti, For the United States Department of Justice. desires to grant, and herein does grant, to Ogden PLLC, 300 West Vine Street—Suite DFA an option to purchase the AFLP 2100, Lexington, KY 40507, Counsel for Maryellen B. Mynear, interests according to the terms and subject Southern Belle Dairy Co., LLC (via e-mail and For the Commonwealth of Kentucky. to the conditions set forth in this Agreement. first-class mail). Agreed: NOW, THEREFORE, in consideration of the J. Jackson Eaton, III, Esq., Gross, McGinley, W. Todd Miller, premises herein and the representations, LaBarre & Eaton, LLP, P.O. Box 4600—33 Counsel for Dairy Farmers of America, Inc. warranties, covenants and agreements South Seventh Street, Allentown, PA 18105, Date: May 15, 2006 contained herein, the receipt and legal Counsel for Southern Belle Dairy Co., LLC sufficiency of which are hereby cc. David A. Owen. (via e-mail and first-class mail). acknowledged, the parties hereto agree as Maryellen B. Mynear, Esq., Office of the Exhibit B—Determinative Document follows: Kentucky Attorney General, 1024 Capital 1. Grant of Option. AFLP hereby grants to Center Drive, Suite 200, Frankfort, KY 40601, Pursuant to 15 U.S.C. 16(b): Option Agreement Between Dairy Farmers of DFA an unconditional, irrevocable option Counsel for Commonwealth of Kentucky (via (the ‘‘Option’’) to purchase, subject to the e-mail and first-class mail). America, Inc. and Allen Family Limited Partnership terms and conditions hereof, the AFLP /s/ Ihan Kim, Interests for the total sum of [REDACTED] Attorney for Plaintiff, United States of Redacted (‘‘Purchase Price’’) payable in cash at the America. Public Version time of closing. The Option shall terminate upon the earliest to occur of: (i) the written Exhibit A—Letter Agreement Between the Option Agreement mutual agreement of DFA and AFLP to United States, Commonwealth of Kentucky, This OPTION AGREEMENT is dated and terminate the Option; or (ii) the delivery of and Dairy Farmers of America, Inc. made effective as of the 15th day of May, at least ten (10) days prior written notice U.S. Department of Justice 2006, among DAIRY FARMERS OF from DFA to AFLP that DFA has decided to AMERICA, INC., a Kansas cooperative terminate the Option. The Option may only Antitrust Division marketing association (‘‘DFA’’), and ALLEN be exercised during the period from the date May 15, 2006 FAMILY LIMITED PARTNERSHIP, a hereof through the first date to occur of Via Hand Delivery Pennsylvania limited partnership (‘‘AFLP’’). clause (i) or (ii) of the immediately preceding sentence (the ‘‘Option Period’’). W. Todd Miller, Esq., Recitals 2. Option Grant Payment. Upon the Baker & Miller, PLLC, 2401 Pennsylvania WHEREAS, AFLP is the owner of one execution of this Option Agreement by the Avenue, NW., Suite 300, Washington, DC hundred percent (100%) of the common parties hereto, DFA shall remit to AFLP the 2005 member interest (‘‘AFLP Interests’’) of amount of One Thousand Dollars ($1,000) Re: United States of America, et al. v. Dairy Southern Belle Dairy Co., LLC, a Delaware and other good and valuable consideration,

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the receipt of which is hereby acknowledged AFLP and DFA Interests and/or the Assets by of this Agreement until the earlier to occur by AFLP for the grant of the Option by AFLP DFA. of (i) the purchase of all of the AFLP Interests pursuant to this Agreement. (e) AFLP shall not change the authorized pursuant to the exercise of the Option or (ii) 3. Exercise of Option by DFA. or issued AFLP or DFA Interests or grant any the termination of the Option Period. (a) DFA shall exercise the Option for the option or right to purchase such Interests (c) AFLP hereby represents and warrants to AFLP Interests, but only upon (i) full and other than as set forth herein. DFA and covenants for the benefit of DFA final settlement of the DOJ Litigation and (ii) (f) AFLP shall not amend the that at Closing, AFLP shall deliver such DFA’s ability and DOJ’s acceptance and/or organizational document of Southern Belle. executed instruments of assignment, as acquiescence to DFA concurrently entering (g) AFLP shall not damage or cause the loss applicable, evidencing the sale and transfer into a definitive Acquisition Agreement of any material customer, asset or property of of the AFLP Interests to DFA or a bill of sale relating to the sale of the AFLP and DFA Southern Belle Dairy. and any other documents, instruments or Interests and/or the sale of all or substantially (h) AFLP shall not incur any indebtedness certificates necessary to evidence the transfer all of the Assets with an Acquirer during the or borrow money in excess of Three Hundred of any of the Assets. Option Period. The Option may not be Thousand Dollars ($300,000). 6. Representations, Warranties and exercised in part, but may only be exercised (i) AFLP shall not cause a material change Covenants of DFA. DFA hereby represents for all of the AFLP Interests subject to this in the accounting methods used by Southern and warrants to AFLP as follows: (i) DFA has Agreement and as set forth in the Purchase Belle Dairy. the requisite corporate power and authority Agreement. (j) AFLP shall not enter into a sale or to execute and deliver this Agreement and to (b) At the closing (‘‘Closing’’), DFA shall transfer of any of the assets of Southern Belle perform its obligations hereunder; (ii) pay to AFLP the Purchase Price by wire Dairy except in the ordinary course of contingent on and subject to full and final transfer of immediately available funds to an business. settlement of the DOJ Litigation and the account designated by such AFLP or by (k) AFLP shall not enter into any contract simultaneous execution of an Acquisition delivery of a certified check to the AFLP or agreement to do any of the foregoing. Agreement with an Acquirer as described address listed on the signature page to this 5. Representations, Warranties and herein and subject to the conditions set forth Agreement. Covenants of AFLP. herein, the execution and delivery of the At the Closing, and upon confirmation of (a) AFLP hereby represents and warrants to Agreement by DFA and the performance of the satisfaction of the conditions set forth in DFA the following: (i) AFLP has sole and its obligations hereunder, have been duly and Section 3(a)(i) and (ii) above, simultaneously exclusive record title to and ownership of the validly authorized by the Board of Directors with the payment of the Purchase Price as AFLP Interests that are the subject of this of DFA and no other corporate proceedings provided for hereinabove, (i) DFA will Agreement; (ii) the AFLP Interests are free on the part of the DFA or consents from for execute the Acquisition Agreement pursuant and clear of any liens, restrictions, claims, filings with any person or entity or regulatory to terms and conditions mutually agreed charges, options, rights of first refusal or body, other than the provisions of the between DFA and such Acquirer. encumbrances, with no defects of title Revised and Restated Limited Liability 4. Conditions Precedent to Closing by DFA. whatsover, except as provided in the Second Company Agreement of Southern Belle, are AFLP, as manager of Southern Belle Dairy, Amended and Restated Limited Liability necessary to authorize this Agreement, for LLC, hereby represents and warrants to DFA Company Agreement of Southern Belle Dairy DFA to perform its obligations hereunder; as follows: Co., LLC; (iii) with respect to any AFLP (iii) this Agreement has been duly and (a) AFLP shall offer to furnish to all Interests which were acquired by gift or validly executed and delivered by DFA; and prospective Acquirers from DFA, subject to inheritance, all federal and state estate or gift (iv) this Agreement constitutes a legal, valid customary confidentiality assurances, all tax returns, as the case may be, required to and binding obligation of the DFA information and documents relating to the be filed were duly and timely filed, and all enforceable against DFA in accordance with AFLP Interests or Assets of the Southern taxes payable with respect thereto were paid; its terms, subject to full and final settlement Belle Dairy provided in a due diligence (iv) AFLP has the requisite power and of the DOJ Litigation and ability of DFA to process except such information or authority to execute and deliver this simultaneously execute of an Acquisition documents subject to the attorney-client Agreement and to consummate the Agreement with an Acquirer of the Assets privilege or attorney work-product doctrine. transactions contemplated hereby; (v) the and/or the DFA and AFLP Interests from AFLP shall make available such information execution and delivery of this Agreement and DFA, and subject to the conditions set forth to the United States and the Commonwealth the consummation of the transactions herein. of Kentucky at the same time that such contemplated hereby have been duly and 7. Amendments: Entire Agreement. This information is made available to any such validly authorized by AFLP and authorized Agreement may not be modified except by prospective Acquirer. by the required governing body prior to the written instrument executed by the parties (b) AFLP shall permit prospective date hereof and no other proceedings on the hereto. This Agreement contains the entire Acquirers from DFA of the AFLP Interests part of AFLP or consents from or filings with agreement among the parties hereto with and/or the Assets to have reasonable access any person or entity or regulatory body are respect to the transactions contemplated to personnel and make inspections of the necessary to authorize this Agreement, for hereby and supersedes all prior physical facilities of the Southern Belle AFLP to perform its obligations hereunder or understandings, representations, warranties, Dairy; access to any and all environmental, to consummate the transactions promises and undertakings between the zoning and other permit documents and contemplated hereby, except as provided in parties hereto with respect to the transactions information; and access to any and all the Second Amended and Restated Limited contemplated hereby. financial, operational or other documents Liability Company Agreement of Southern 8. Assignment. Neither of the parties hereto and information customarily provided as part Belle Dairy Co., LLC; (vi) this Agreement has may assign any of its rights or obligations of a due diligence process. been duly and validly executed and under this Agreement or the Option created (c) AFLP shall provide the Acquirer from delivered by AFLP; and (vii) this Agreement hereunder to any other person without the DFA and the United States information constitutes a legal, valid and binding express written consent of the other party. relating to the personnel involved in the obligation of AFLP, enforceable against AFLP 9. Validity. If any term, provision, covenant operation of the Southern Belle Dairy to in accordance with its terms. or restriction contained in this Agreement is enable the Acquirer to make offers of (b) AFLP hereby covenants that, during the held by a court or a federal or state regulatory employment. AFLP shall not interfere with period described in the following sentence, it agency of competent jurisdiction to be any negotiations by the Acquirer to employ will maintain ownership interest in and to all invalid, void or unenforceable, the remainder any employee whose primary responsibility of the AFLP Interests, and will not, directly of the terms, provisions and covenants and is the production, sale, marketing or or indirectly, offer for sale, sell, distribute, restrictions contained in this Agreement shall distribution of products from the Southern grant any option, right to purchase, suffer any remain in full force and effect, and shall in Belle Dairy. lien or encumbrance upon, pledge, no way be affected, impaired or invalidated; (d) AFLP shall not take any action that will hypothecate or otherwise dispose of any of provided that each party is able to receive impede in any way the operation of the the AFLP Interests. The restrictions in the substantially all of the rights and Southern Belle Dairy or the divestiture of the foregoing sentence shall apply from the date substantially all of the benefits it is to have

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had/or receive, as applicable, under this MID–AM CAPITAL, L.L.C. Native American and other tribal Agreement. By: Dairy Farmers of America, Inc., as sole organizations, public interest and 10. Notices. All notices, requests, claims, manager. advocacy groups, and other private demands and other communications By: /s/ David G. Meyer. citizens and stakeholders. Due to the hereunder shall be deemed to have been duly Name: David G. Meyer. large volume of comments submitted by given when delivered in person, by fax, Title: Senior Vice President/Finance. telecopy, or by registered or certified mail each entity, ETA worked during [FR Doc. 06–8795 Filed 11–3–06; 8:45 am] (postage prepaid, return receipt requested) at calendar year 2005 to organize and the address set forth on the signature page BILLING CODE 4410–11–M analyze the public comments, make hereto. appropriate revisions to agency policy 11. Governing Law. This Agreement shall guidance on the common measures, and be governed by and construed in accordance DEPARTMENT OF LABOR assess the feasibility of implementing with the laws of the State of Delaware the proposed EMILE reporting applicable to contracts made and to be Office of the Secretary requirements in several States. performed entirely in that State and without ETA has reconciled the public regard to any of its conflicts of law principles Submission for OMB Review: comments and made appropriate which could result in the application of the Comment Request revisions to the original EMILE laws of another jurisdiction. proposal, which has been re-named to 12. Counterparts. This Agreement may be October 31, 2006. the Workforce Investment Streamlined executed in multiple counterparts, each of The Department of Labor (DOL) has Performance Reporting (WISPR) system. which shall be deemed to be an original, but submitted the following public This revised proposal will replace the all of which shall constitute one and the information collection request (ICR) to current quarterly reporting requirements same agreement. This Agreement may be the Office of Management and Budget of the following seven ETA activities: executed by facsimile signature, which shall (OMB) for review and approval in constitute a legal and valid signature for all Wagner-Peyser Act, Veterans accordance with the Paperwork purposes hereof. This Agreement shall not be Employment and Training Service, the effective until counterparts executed by Reduction Act of 1995 (Pub. L. 104–13, Workforce Investment Act (WIA) Adult, AFLP and DFA have been delivered to each 44 U.S.C. Chapter 35). A copy of this WIA Dislocated Worker, WIA Youth, of them. ICR, with applicable supporting and Trade Adjustment Assistance Act 13. Costs. Except as otherwise expressly documentation, may be obtained by programs, and National Emergency provided for herein, each of the parties calling the Department of Labor. A copy Grants. hereto shall bear and pay all costs and of this ICR, with applicable supporting The Department is seeking or has expenses incurred by it or on its behalf in documentation, may be obtained at connection with the transactions already received separate OMB http://www.reginfo.gov/public/do/ clearances on revisions to the following contemplated hereunder, including fees and PRAMain, or contact Ira Mills on 202– expenses of its accountants and counsel. program reporting systems to 14. Additional Documents. In the event of 693–4122 (this is not a toll-free number) incorporate standardized data collection the exercise of the Option by DFA, DFA and or e-mail: [email protected]. necessary to implement a set of common AFLP agree to execute and deliver all other In July 2004, ETA solicited comments performance measures: National Farm documents and instruments and take all from the general public on the Worker Jobs Program, Indian and Native other action that may be reasonably establishment of a single, streamlined American Program, Senior Community requested in writing by the other party hereto reporting and recordkeeping system, Service and Employment Program, and in order to consummate the transactions formally called the ETA Management entities receiving H–1B Technical Skills provided for by such exercise and to Information and Longitudinal Training or Responsible Reintegration of effectuate the intents of this Agreement, but Evaluation (EMILE) reporting system. not including any indemnities, warranties, Youthful Offenders grants. These The notice of 60-day public comment on programs will continue to report representations or similar covenants other the proposed EMILE reporting system than with respect to good title to the AFLP separately, and the data elements interests to be assigned and transferred. was published in the Federal Register collected for these programs have been In Witness Whereof, each of the parties has on July 16, 2004 (Vol. 69, No. 136, pages aligned, to the extent practicable, with caused this Agreement to be executed 42777–42779). The proposed EMILE those in the proposed WISPR System. individually or on its behalf by its officers reporting system was designed to The decision to not include these thereunto duly authorized, all as of the date streamline 12 ETA program reporting programs in the WISPR System was first above written. systems into one comprehensive based on concerns about burden (time ALLEN FAMILY LIMITED PARTNERSHIP reporting structure that would allow for and resources) expressed by many consistent, comparable analysis across By: /s/ Robert W. Allen. commenters. ETA funded employment and training Name: Robert W. Allen. While the proposed WISPR System Title: General Partner, 2400 Ballybunion programs, using the definitions for a set represents a comprehensive data Road, Center Valley, Pennsylvania 18034. of common performance measures collection and reporting approach, it is initially specified in Training and important to note that every effort has DAIRY FARMERS OF AMERICA, INC. Employment Guidance Letter (TEGL) been made to establish common data By: /s/ David A. Geisler. 15–03, Common Measures Policy, and definitions and formats with minimum Name: David A. Geisler. subsequently revised by TEGL 17–05, burden to grantees. At its foundation, Title: Senior Vice-President/Legal, 10220 Common Measures Policy for the the proposed WISPR System organizes North Ambassador Drive, Kansas City, Employment and Training customer information that is maintained Missouri 64153. Administration’s (ETA) Performance by states in order to run their day-to-day Acknowledgement and Consent Accountability System and Related operations, and includes a minimum Performance Issues. level of information collection that is The undersigned specifically acknowledges and consents to the ETA received comments from 161 necessary to comply with Equal transactions as set forth in the Agreement unique entities, including state Opportunity requirements, hold states and will cooperate to effectuate the workforce agencies and boards, local and grantees appropriately accountable consummation of said transactions insofar as workforce investment areas, non-profit for the Federal funds they receive, and legally necessary and reasonably appropriate. organizations and national associations, allow the Department to fulfill its

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oversight and management the type and frequency of services being whether the information will have responsibilities. The WISPR System delivered; practical utility; proposal does build on revisions in state • The EMILE requirement to submit • Evaluate the accuracy of the data collection approved by OMB in quarterly participant and exiter records agency’s estimate of the burden of the early 2006 to implement the common has been eliminated and replaced with proposed collection of information, performance measures. In some cases, the requirement for states to submit including the validity of the additional data collection requirements quarterly records on exiters only; methodology and assumptions used; • are included for Federal oversight or to In the absence of quarterly • Enhance the quality, utility and comply with existing statutory participant records, the EMILE quarterly clarity of the information to be requirements, and these are also workforce investment performance collected; and included in the proposed WISPR report has been modified to include data • Minimize the burden of the System. collection on participant counts by key The WISPR System features a set of collection of information on those who demographics and the types of adult are to respond, including through the aggregate quarterly reports for capturing and youth services received (ETA Form services to employer and job seeker use of appropriate automated, 9132). This uniform report format will electronic, mechanical, or other customers, including a special aggregate facilitate consistent performance report on services to the nation’s eligible technological collection techniques or calculations and focus on the core other forms of information technology, veterans and transitioning service functions of the workforce system: members. A standardized set of e.g., permitting electronic submission of employment for adults and skills for responses. participant data that includes youth; and Agency: Employment and Training information on demographics, types of • Data collection requirements for job Administration. services received, and performance seeker customers has been substantially outcomes based on a set of common reduced compared to the original EMILE Type of Review: New. measures defined consistently across individual record to address public Title: Workforce Investment programs is a key component of this concerns regarding the amount of data Streamlined Performance Reporting proposed reporting system. The WISPR to be collected and reported and align (WISPR) System. System will be used to respond more with recent changes approved by OMB. OMB Number: 1205—0NEW. quickly and effectively to the Additionally, a special report is Frequency: Quarterly. management information needs of proposed to capture service information Congress, the Administration and the Affected Public: State and Local for participants who are eligible general public. Governments. The WISPR System will ensure there veterans and transitioning service Type of Response: Recordkeeping; is consistency across all ETA formula- members, to comply with reporting Reporting. funded state programs so all programs requirements for the Jobs for Veterans Number of Respondents: 54. grants (ETA Form 9133). are evaluated using the same criteria. Annual Responses: 2,376. When job seeker and employer data are To address public concerns regarding the submission of integrated reports, Average Response time: 376 hours per collected, maintained and reported State. consistently and accurately at a basic states will be given a range of options Total Annual Burden Hours: 813,241. level (e.g., grantee field office or One- for submitting separate quarterly reports Stop Career Center), data can be and records depending on how the state Total Annualized Capital/Startup aggregated from each program and administers the workforce programs Costs: 0. reported to higher levels with greater covered by the reporting system. This Total Annual Costs (operating/ confidence that the data are comparable additional flexibility for submitting maintaining systems or purchasing from customer to customer, from performance information to the services): 0. program to program, and from year to Department will be available during the Description: Respondents are State year. The WISPR System also first two years of WISPR System governments. This reporting and incorporates provisions to ensure the implementation. Also, the collection of recordkeeping system features a set of integrity of reported data, and resolve quarterly customer satisfaction reports aggregate reports for capturing services data collection and reliability issues for the WIA and Wagner-Peyser Act to employers and job seeker customers, raised by OIG and GAO regarding the programs are not included in the WISPR including a special aggregate report on Department’s ability to accurately System to reflect recent OMB notices of services to the nation’s eligible veterans evaluate program performance. action to discontinue this information and transitioning service members. collection. Selected standardized participant data Proposed Changes Comments should be sent to Office of that includes information on To address concerns expressed in the Information and Regulatory Affairs, demographics, types of services public comments about reporting Attn: OMB Desk Officer for U.S. received, and performance outcomes burden (time and financial resources), Department of Labor/Employment and based on a set of common measures will the following changes are proposed in Training Administration (ETA), Office also be collected and reported for the the WISPR System: of Management and Budget, Room purposes of general program oversight, • The EMILE requirement to submit 10235, Washington, DC 20503, 202– evaluation, and performance assessment quarterly individual records on 395–7316 (this is not a toll free number), of the WIA, Wagner-Peyser, Veterans employer customers has been within 45 days from the date of this Employment and Training Service, and eliminated and replaced with an publication in the Federal Register. Trade Adjustment Assistance programs, aggregate quarterly report (ETA Form The OMB is particularly interested in and National Emergency Grants. 9131). Information contained on the comments which: employer report will provide a more • Evaluate whether the proposed Ira L. Mills, complete picture of the total impact of collection of information is necessary Departmental Clearance Officer. the One-Stop system by including the for the proper performance of the [FR Doc. E6–18605 Filed 11–3–06; 8:45 am] characteristics of employers served and functions of the agency, including BILLING CODE 4510–30–P

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DEPARTMENT OF LABOR Number of Annual Responses: 500 accurate nationwide information is Estimated Time per Response: Varies available, as from long-term in-depth Office of the Secretary from 10 minutes for DOL respondents to evaluation studies, it is often not timely. 2 hours for DOJ respondents. Thus DOJ has a need for accurate and Submission for OMB Review: Total Burden Hours: 156. timely information that can be found Comment Request Total Annualized capital/startup only with systematic studies. Absent costs: $0. this survey, the DOJ does not have a October 31, 2006. Total Annual Costs (operating/ The Department of Labor (DOL) has mechanism by which to obtain maintaining systems or purchasing information regarding certain grants, submitted the following public services): $0. information collection request (ICR) to contracts, and cooperative agreements Description: The U.S. Department of being awarded by state administering the Office of Management and Budget Labor (DOL), and the Employment and agencies using DOJ funds, particularly (OMB) for review and approval in Training Administration (ETA) and the the Bureau of Justice Assistance’s accordance with the Paperwork Center for Faith-Based and Community Residential Substance Abuse Treatment Reduction Act of 1995 (Pub. L. 104–13, Initiatives (CFBCI) specifically, needs for State Prisoners program (RSAT). It is 44 U.S.C. chapter 35). A copy of this accurate, timely information on how critical that DOJ obtain this information ICR, with applicable supporting services and systems under Workforce in order to better understand how much documentation, may be obtained from Investment Act (WIA) are unfolding and money is being spent and the types of RegInfo.gov at http://www.reginfo.gov/ on the challenges and successes states organizations that receive the funds. public/do/PRAMain or by contacting and local areas encounter. Only in this Again, like DOL, DOJ is especially Darrin King on 202–693–4129 (this is way can it properly discharge its not toll-free number) / e-mail: obligations to issue policy clarifications, interested to obtain information on [email protected]. regulations and technical assistance. those grants being awarded to faith- Comments should be sent to Office of This need is particularly acute given based and community-based non-profit Information and Regulatory Affairs, that the workforce investment system organizations. Attn: OMB Desk Officer, Office of has been evolving rapidly in the several This DOL survey is designed to fill a Management and Budget, Room 10235, years since WIA was enacted. It is critical gap in its information needs Washington, DC 20503, Telephone: expected that WIA will continue to regarding how the workforce system is 202–395–7316 / Fax: 202–395–6974 change rapidly. unfolding and will inform development (these are not toll-free numbers), within Much of the information available to of legislation, regulations and technical 30 days from the date of this publication DOL on key operational issues is assistance. The WHOFBCI used the in the Federal Register. impressionistic or anecdotal in nature, information gathered by DOL in the The OMB is particularly interested in based on hearsay or unsystematic December 2005 survey to determine the comments which: observations, and not accurate as to the degree to which faith-based and • Evaluate whether the proposed incidence or scope nationally. When community-based non-profit collection of information is necessary accurate nationwide information is organizations received WIA Youth for the proper performance of the available, as from long-term in-depth formula funds at the state and local functions of the agency, including evaluation studies, it is often not timely. levels. DOL will use the information whether the information will have Thus DOL has a need for accurate and gathered in the upcoming surveys to practical utility; timely information that can be found determine whether there have been any • Evaluate the accuracy of the only with systematic studies. changes in the way DOL funds have agency’s estimate of the burden of the Regarding the survey for Workforce been awarded, especially regarding their proposed collection of information, Investment Boards (WIBs) in particular, issuance to faith-based and community- including the validity of the the White House Office of Faith-Based based non-profit organizations. methodology and assumptions used; and Community Initiatives (WHOFBCI) Darrin A. King, • Enhance the quality, utility, and and OMB have directed DOL to conduct Acting Departmental Clearance Officer. clarity of the information to be this survey. The reason is that ETA and collected; and CFBCI currently do not have a [FR Doc. E6–18616 Filed 11–3–06; 8:45 am] • Minimize the burden of the mechanism by which to obtain BILLING CODE 4510–23–P collection of information on those who information regarding the grants, are to respond, including through the contracts, and cooperative agreements DEPARTMENT OF LABOR use of appropriate automated, being awarded by local and state WIBs electronic, mechanical, or other using WIA formula funds. It is critical Employment and Training technological collection techniques or that DOL obtain this information in Administration other forms of information technology, order to better understand how much e.g., permitting electronic submission of money is being spent and the types of Notice of Determinations Regarding responses. organizations that receive the funds. Eligibility To Apply for Worker Agency: Center for Faith-Based and This WIB survey will bridge the gap in Adjustment Assistance and Alternative Community Initiatives. DOL’s knowledge of WIB grants, Trade Adjustment Assistance Type of Review: Reinstatement with contracts, and cooperative agreements Change of a Previously Approved that utilize WIA youth funds. In accordance with Section 223 of the Collection. The U.S. Department of Justice (DOJ) Trade Act of 1974, as amended (19 Title: Workforce Investment Board is in a similar situation. Like the DOL, U.S.C. 2273) the Department of Labor Survey. much of the information available to herein presents summaries of OMB Number: 1290–0004. DOJ on key operational issues is determinations regarding eligibility to Type of Response: Reporting. impressionistic or anecdotal in nature, apply for trade adjustment assistance for Affected Public: State, Local, and based on hearsay or unsystematic workers (TA–W) number and alternative Tribal Government. observations, and not accurate as to the trade adjustment assistance (ATAA) by Number of Respondents: 500. incidence or scope nationally. When (TA–W) number issued during the

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period of October 16 through October (1) Significant number or proportion Enterprise Division, HP Safeguard 20, 2006. of the workers in the workers’ firm or Software, Austin, TX: September In order for an affirmative an appropriate subdivision of the firm 11, 2005. determination to be made for workers of have become totally or partially The following certifications have been a primary firm and a certification issued separated, or are threatened to become issued. The requirements of Section regarding eligibility to apply for worker totally or partially separated; 222(b) (supplier to a firm whose workers adjustment assistance, each of the group (2) The workers’ firm (or subdivision) are certified eligible to apply for TAA) eligibility requirements of Section is a supplier or downstream producer to of the Trade Act have been met. 222(a) of the Act must be met. a firm (or subdivision) that employed a None. group of workers who received a I. Section (a)(2)(A) all of the following The following certifications have been must be satisfied: certification of eligibility to apply for trade adjustment assistance benefits and issued. The requirements of Section A. A significant number or proportion 222(b) (downstream producer for a firm of the workers in such workers’ firm, or such supply or production is related to the article that was the basis for such whose workers are certified eligible to an appropriate subdivision of the firm, apply for TAA based on increased have become totally or partially certification; and (3) Either— imports from or a shift in production to separated, or are threatened to become Mexico or Canada) of the Trade Act totally or partially separated; (A) The workers’ firm is a supplier and the component parts it supplied for have been met. B. The sales or production, or both, of the firm (or subdivision) described in None. such firm or subdivision have decreased paragraph (2) accounted for at least 20 absolutely; and Affirmative Determinations for Worker percent of the production or sales of the C. Increased imports of articles like or Adjustment Assistance and Alternative workers’ firm; or directly competitive with articles (B) A loss or business by the workers’ Trade Adjustment Assistance produced by such firm or subdivision firm with the firm (or subdivision) The following certifications have been have contributed importantly to such described in paragraph (2) contributed issued. The date following the company workers’ separation or threat of importantly to the workers’ Separation name and location of each separation and to the decline in sales or or threat of separation. determination references the impact production of such firm or subdivision; In order for the Division of Trade date for all workers of such or Adjustment Assistance to issue a determination. II. Section (a)(2)(B) both of the certification of eligibility to apply for The following certifications have been following must be satisfied: Alternative Trade Adjustment issued. The requirements of Section A. A significant number or proportion Assistance (ATAA) for older workers, 222(a)(2)(A) (increased imports) and of the workers in such workers’ firm, or the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act an appropriate subdivision of the firm, Section 246(a)(3)(A)(ii) of the Trade Act have been met. have become totally or partially must be met. TA–W–60,051; Cambridge Lee separated, or are threatened to become 1. Whether a significant number of Industries, LLC, Plant #4, Leesport, totally or partially separated; workers in the workers’ firm are 50 PA: August 29, 2005. B. There has been a shift in years of age or older. TA–W–60,051A; Cambridge Lee production by such workers’ firm or 2. Whether the workers in the Industries, LLC, Plant #1, Reading, subdivision to a foreign country of workers’ firm possess skills that are not PA: August 29, 2005. articles like or directly competitive with easily transferable. TA–W–60,090; Klaussner Furniture articles which are produced by such 3. The competitive conditions within Industries, Inc., KFI Candor firm or subdivision; and the workers’ industry (i.e., conditions Facilities, Candor, NC: September C. One of the following must be within the industry are adverse). 14, 2005. satisfied: Affirmative Determinations for Worker TA–W–60,122; Ethan Allen Operations, 1. The country to which the workers’ Adjustment Assistance Inc., Distribution Center, Old Fort, firm has shifted production of the NC: September 18, 2005. articles is a party to a free trade The following certifications have been TA–W–60,231; Molly West Handbound agreement with the United States; issued. The date following the company Books, Emeryville, CA: October 10, 2. The country to which the workers’ name and location of each 2005. firm has shifted production of the determination references the impact TA–W–57,308; Sonic Manufacturing articles to a beneficiary country under date for all workers of such Technologies, Fremont, CA: May 26, the Andean Trade Preference Act, determination. 2004. African Growth and Opportunity Act, or The following certifications have been TA–W–60,004; Hughes Manufacturing, the Caribbean Basin Economic Recovery issued. The requirements of Section A Division of Magna Powertrain, Act; or 222(a)(2)(A) (increased imports) of the Farmington Hills, MI: September 1, 3. There has been or is likely to be an Trade Act have been met. 2005. increase in imports of articles that are TA–W–60,224; Misty Mountain TA–W–60,061; Genesis Engineering and like or directly competitive with articles Threadworks, Inc., Banner Elk, NC: Technologies, Inc., Interlochen, MI: which are or were produced by such September 28, 2005. September 11, 2005. firm or subdivision. The following certifications have been TA–W–60,067; Paola Yarns, Inc., Also, in order for an affirmative issued. The requirements of Section Statesville, NC: August 15, 2005. determination to be made for 222(a)(2)(B) (shift in production) of the TA–W–60,125; Xcel Mold and Machine, secondarily affected workers of a firm Trade Act have been met. Inc., North Canton, OH: September and a certification issued regarding TA–W–60,217; Z-Star Industries, Inc., 16, 2005. eligibility to apply for worker Formerly Known as Z-Star, Inc., TA–W–60,139; Pechiney Plastic adjustment assistance, each of the group Watertown, NY: October 5, 2005. Packaging, Inc., A Subsidiary of eligibility requirements of Section TA–W–60,080; Hewlett Packard Alcan Packaging, San Leandro, CA: 222(b) of the Act must be met. Development Co., L.P., Nonstop September 18, 2005.

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TA–W–60,124; Associated Spring, met. Workers at the firm are 50 years of The investigation revealed that Barnes Group Inc., Troy, MI: age or older. criteria (a)(2)(A)(I.C.) (increased September 19, 2005. TA–W–60,224; Misty Mountain imports) and (a)(2)(B)(II.B.) (shift in The following certifications have been Threadworks, Inc., Banner Elk, NC: production to a foreign country) have issued. The requirements of Section TA–W–60,217; Z-Star Industries, Inc., not been met. 222(a)(2)(B) (shift in production) and Formerly Known as Z-Star, Inc., TA–W–59,906; PBM Graphics of the Section 246(a)(3)(A)(ii) of the Trade Act Watertown, NY. Triad, Greensboro, NC. have been met. The Department has determined that TA–W–59,981; Moeller Electric Corp., A TA–W–60,064; Delphi Corporation, criterion (2) of Section 246 has not been Subsidiary of J.H. Controls, Inc., Automotive Holdings Group, met. Workers at the firm possess skills Lincoln Park, NJ. Columbus, OH: September 11, 2005. that are easily transferable. TA–W–59,996; Federal Mogul Products, TA–W–60,110; Dura Automotive TA–W–60,080; Hewlett Packard St. Louis, MO. Systems, Inc., #5 Industrial Drive, Development Co., L.P., Nonstop TA–W–60,055; Swift Textiles, dba Swift Hannibal, MO: September 18, 2005. Enterprise Division, HP Safeguard Galey, Midland, GA. TA–W–60,111; Dura Automotive Software, Austin, TX. TA–W–60,060; Robinson Transformer, Systems, Inc., Hannibal, MO: dbs Transformer Manufacturers, The Department has determined that September 19, 2005. Robinson, IL. criterion (3) of Section 246 has not been TA–W–60,157; Visteon Systems, LLC, TA–W–60,078; Weyerhaeuser Company, Climate Control Division, met. Competition conditions within the workers’ industry are not adverse. Lebanon Lumber Division, Lebanon, Connersville, IN: September 22, OR. 2005. None. TA–W–60,134; Alatech Healthcare, LLC, TA–W–60,170; AET Films, Inc., Negative Determinations for Worker Slocomb, AL. Covington Plant, Covington, VA: Adjustment Assistance and Alternative TA–W–60,166; Up North Industries, September 29, 2005. Trade Adjustment Assistance LLC, Petoskey, MI. TA–W–60,212; Standex Electronics, TA–W–60,158; Geneva Steel, LLC, In the following cases, the Douglas, AZ: October 4, 2005. Lindon, UT. TA–W–60,043; P.S.W., Inc., Chino, CA: investigation revealed that the eligibility August 31, 2005. criteria for worker adjustment assistance The investigation revealed that the TA–W–60,144; Ethan Allen Operations, have not been met for the reasons predominate cause of worker Inc., Atoka, OK: September 8, 2005. specified. separations is unrelated to criteria TA–W–60,149; Bloch Washington, Since the workers of the firm are (a)(2)(A)(I.C.) (increased imports) and Formerly Known As Mirella, Inc., denied eligibility to apply for TAA, the (a)(2)(B)(II.C) (shift in production to a Seattle, WA: September 21, 2005. workers cannot be certified eligible for foreign country under a free trade TA–W–60,194; Innovex, Inc., Litchfield, ATAA. agreement or a beneficiary country MN: October 3, 2005. The investigation revealed that under a preferential trade agreement, or TA–W–60,200; Fiskars Brands, Inc., criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) there has been or is likely to be an Spencer Division, Spencer, WI: (employment decline) have not been increase in imports). October 4, 2005. met. None. TA–W–60,221; Whittier Wood Products, TA––W–60,126; Michelin North The workers’ firm does not produce Eugene, OR: December 7, 2006. America, BF Goodrich Tire an article as required for certification The following certifications have been Manufacturing, Opelika, AL. under Section 222 of the Trade Act of issued. The requirements of Section TA–W–60,147; Superior Lumber, LLC, 1974. 222(b) (supplier to a firm whose workers Glendale, OR. TA–W–59,923; Dow Jones and are certified eligible to apply for TAA) TA–W–60,169; Cognex Corporation, Company, Inc., Chicopee, MA. Natick, MA. and Section 246(a)(3)(A)(ii) of the Trade TA–W–59,923A; Dow Jones and TA–W–60,187; PCC Airfoils, LLC, Act have been met. Company, Inc., South Brunswick, Douglas, GA. TA–W–60,216; Component Concepts, NJ. TA–W–60,211; American Dryer Inc., Stridemark, LLC, Thomasville, TA–W–60,114; Jackson County Board of Corporation, Fall River, MA. NC: October 6, 2005. Education, Jackson County The following certifications have been The investigation revealed that Continuing Education, McKee, KY. issued. The requirements of Section criteria (a)(2)(A)(I.B.) (Sales or TA–W–60,228; Eudyna Devices USA, 222(b) (downstream producer for a firm production, or both, did not decline) Inc., (EUDU), San Jose, CA. and (a)(2)(B)(II.B.) (shift in production whose workers are certified eligible to The investigation revealed that to a foreign country) have not been met. apply for TAA based on increased criteria of Section 222(b)(2) has not been imports from or a shift in production to TA–W–60,029; Standard Register Co. met. The workers’ firm (or subdivision) Mexico or Canada) and Section (The), Terre Haute Plant, Terre is not a supplier to or a downstream 246(a)(3)(A)(ii) of the Trade Act have Haute, IN. producer for a firm whose workers were been met. TA–W–60,047; RR Donnelley, Lancaster certified eligible to apply for TAA. Premedia Center, Lancaster, PA. None. None. TA–W–60,160; Multi-Fineline Negative Determinations for Alternative Electronix, Inc., Corporate Division, I hereby certify that the aforementioned Trade Adjustment Assistance Anaheim, CA. determinations were issued during the period In the following cases, it has been TA–W–60,196; TRW Automotive, Body of October 16 through October 20, 2006. Copies of These determinations are available determined that the requirements of Control Systems North America for inspection in Room C–5311, U.S. 246(a)(3)(A)(ii) have not been met for Division, Rushford, MN. Department of Labor, 200 Constitution the reasons specified. TA–W–60,201; Weyerhaeuser Company Avenue, NW., Washington, DC 20210 during The Department has determined that Raymond Lumber, Softwood normal business hours or will be mailed to criterion (1) of Section 246 has not been Lumber Division, Raymond, WA. persons who write to the above address.

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Dated: October 27, 2006. DEPARTMENT OF LABOR should read Jones Apparel of Texas II, Richard Church, Ltd, Armour Facility, El Paso, Texas. Certifying Officer, Division of Trade Employment and Training Based on these findings, the Adjustment Assistance. Administration Department is amending this [FR Doc. E6–18636 Filed 11–3–06; 8:45 am] certification to correctly identify the [TA–W–60,271] BILLING CODE 4510–30–P subject firm name to read Jones Apparel Town of Hartland; Hartland, ME; Notice of Texas II, Ltd, Armour Facility, El of Termination of Investigation Paso, Texas. DEPARTMENT OF LABOR The intent of the Department’s Pursuant to Section 221 of the Trade certification is to include all workers of Employment and Training Act of 1974, as amended, an the El Paso, Texas location of the subject Administration investigation was initiated on October firm who was adversely affected by a 20, 2006 in response to a petition filed shift in production to China, Vietnam, [TA–W–60,068] by a company official on behalf of Cambodia, Egypt and the Hashemite workers at the Town of Hartland waste facilities in China. Burley Design, Inc. Eugene, OR; Notice treatment facility located in Hartland, The amended notice applicable to of Termination of Investigation Maine. The workers were engaged in TA–W–59,965 is hereby issued as waste treatment services. follows: Pursuant to Section 221 of the Trade The petitioner has requested that the ‘‘All workers of Jones Apparel of Texas II, Act of 1974, as amended, an petition be withdrawn. Consequently, investigation was initiated on Ltd, Armour Facility, El Paso, Texas, who the investigation has been terminated. became totally or partially separated from September 13, 2006 in response to a Signed in Washington, DC, this 27th day of employment on or after August 21, 2005 worker petition filed by a company October, 2006 through September 27, 2008, are eligible to official on behalf of workers at Burley Richard Church, apply for adjustment assistance under Design, Inc., Eugene, Oregon. Section 223 of the Trade Act of 1974.’’ Certifying Officer, Division of Trade The petitioner has requested that the Adjustment Assistance. I further determine that all workers of petition be withdrawn. Consequently, [FR Doc. E6–18640 Filed 11–3–06; 8:45 am] Jones Apparel of Texas II, Ltd, Armour the investigation has been terminated. BILLING CODE 4510–30–P Facility, El Paso, Texas, are denied Signed at Washington, DC, this 26th day of eligibility to apply for alternative trade October 2006. adjustment assistance under Section 246 Richard Church, DEPARTMENT OF LABOR of the Trade Act of 1974. Certifying Officer, Division of Trade Employment and Training Signed at Washington, DC, this 26th day of Adjustment Assistance. October 2006. Administration [FR Doc. E6–18638 Filed 11–3–06; 8:45 am] Elliott S. Kushner, BILLING CODE 4510–30–P [TA-W–59,965] Certifying Officer, Division of Trade Adjustment Assistance. Jones Apparel of Texas II, Ltd, Armour [FR Doc. E6–18637 Filed 11–3–06; 8:45 am] DEPARTMENT OF LABOR Facility, El Paso, TX; Amended BILLING CODE 4510–30–P Certification Regarding Eligibility To Employment and Training Apply for Worker Adjustment Administration Assistance and Negative DEPARTMENT OF LABOR Determination Regarding Eligibility To [TA–W–60,292] Apply for Alternative Trade Adjustment Employment and Training Assistance Administration Forest City Technologies, Inc., Wixom, In accordance with Section 223 of the MI; Notice of Termination of [TA–W–60,262] Investigation Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 Paramount Cards Inc.; A Subsidiary of Pursuant to Section 221 of the Trade U.S.C. 2813), as amended, the Paramount Card Holding Corporation; Act of 1974, an investigation was Department of Labor issued a Pawtucket, RI; Notice of Termination of initiated on October 25, 2006 in Certification Regarding Eligibility to Investigation response to a petition filed on behalf of Apply for Worker Adjustment workers of Forest City Technologies Assistance and a Negative Pursuant to Section 221 of the Trade Inc., Wixom, Michigan. Determination Regarding Eligibility to Act of 1974, as amended, an Apply for Alternative Trade Adjustment investigation was initiated on October One of the three petitioning workers Assistance on September 27, 2006, 19, 2006 in response to a worker was separated more than one year prior applicable to workers of Jones Apparel petition filed by a company official on to the October 18, 2006 date of the of Texas II, Ltd, El Paso, Texas. The behalf of workers of Paramount Cards petition. The petition has therefore been notice was published in the Federal Inc., a subsidiary of Paramount Card deemed invalid. Consequently, the Register on October 16, 2006 (71 FR Holding Corporation, Pawtucket, Rhode investigation has been terminated. 60762). Island. Signed in Washington, DC, this 27th day of At the request of the State agency and The petitioning group of workers is October 2006. a company official, the Department covered by an active certification (TA– Richard Church, reviewed the certification for workers of W–57,952) which expires on October 5, Certifying Officer, Division of Trade the subject firm. New information 2007. Consequently, further Adjustment Assistance. shows that the Department did not investigation in this case would serve [FR Doc. E6–18641 Filed 11–3–06; 8:45 am] identify the subject firm name in its no purpose, and the investigation has BILLING CODE 4510–30–P entirety. The name of the subject firm been terminated.

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Signed at Washington, DC this 27th day of All interested persons are invited to Act of 1995 (Pub. L. 104–13, 44 U.S.C. October 2006. attend the NACOSH meeting at the time 3506(c)(2)(A)). Richard Church, and location listed above. Anyone DATES: All comments should be Certifying Officer, Division of Trade wishing to attend this meeting must be submitted within 30 calendar days from Adjustment Assistance. prepared to exhibit photo identification the date of this publication. [FR Doc. E6–18639 Filed 11–3–06; 8:45 am] and sign-in at the Frances Perkins ADDRESSES: All comments should be BILLING CODE 4510–30–P Department of Labor Building for addressed to Desk Officer for NASA; authorization to enter the meeting area. Office of Information and Regulatory Public Participation: Written data, Affairs; Room 10236; New Executive DEPARTMENT OF LABOR views or comments for consideration by Office Building; Washington, DC 20503. the committee may be submitted, Occupational Safety and Health preferably with 20 copies, to Deborah FOR FURTHER INFORMATION CONTACT: Administration Crawford at the address provided above. Requests for additional information or Any such submissions received prior to copies of the information collection National Advisory Committee on the meeting will be provided to the instrument(s) and instructions should Occupational Safety and Health members of the committee and will be be directed to Walter Kit, NASA PRA (NACOSH); notice of Meeting included in the record of the meeting. Officer, NASA Headquarters, 300 E Street, SW., Mail Code JE000, AGENCY: Occupational Safety and Health Because of the need to cover a wide Administration, (OSHA), Labor. variety of subjects in a short period of Washington, DC 20546, (202) 358–1350, [email protected]. ACTION: National Advisory Committee time, there is usually insufficient time on Occupational Safety and Health on the agenda for members of the public SUPPLEMENTARY INFORMATION: (NACOSH); notice of meeting. to address the committee orally. I. Abstract However, any such requests will be SUMMARY: Congress created NACOSH to considered by the Chair who will The National Aeronautics and Space advise the Secretary of Labor and the determine whether or not time permits. Administration (NASA) is requesting Secretary of Health and Human Services Any request to make an oral extension of an existing collection, on matters relating to the administration presentation should state the amount of Subcontractor Report, that is used to of the Occupational Safety and Health time desired, the capacity in which the help NASA monitor mentor-prote´ge´ Act of 1970. The purpose of this Federal person would appear, and a brief performance and progress in accordance Register notice is to announce the outline of the content of the with the mentor-prote´ge´ agreement. upcoming NACOSH meeting. The presentation. An official record of the Respondents will be for-profit small Agenda items for the meeting will meeting will be available for public disadvantaged businesses. The NASA include updates on activities of both the inspection in the OSHA Technical Data Mentor-Prote´ge´ Program is designed to Occupational Safety and Health Center (TDC) located in Room N2625 at provide incentives for NASA prime Administration (OSHA) and the the Frances Perkins Department of contractors to assist small National Institute for Occupational Labor Building, telephone: (202) 693– disadvantaged business (SDB) concerns, Safety and Health (NIOSH). Presentation 2350 or check the National Advisory Historically Black Colleges and will also be made on the following: Committee on Occupational Safety and Universities (HBCUs), minority National Occupational Research Agenda Health information pages located at institutions (MIs), and women-owned (NORA); Cooperative Programs; http://www.osha.gov/dop/nacosh/ small business (WOSB) concerns, in Enforcement Update; Standards Update; nacosh.html. enhancing their capabilities to perform and Cranes and Derricks Small Business NASA contracts and subcontracts. Edwin G. Foulke, Jr., Regulatory Enforcement Fairness Act II. Method of Collection (SBREFA) Update. Assistant Secretary of Labor. DATES: NACOSH will meet on Tuesday, [FR Doc. E6–18645 Filed 11–3–06; 8:45 am] NASA uses electronic methods to November 28, 2006, from 9 a.m. to BILLING CODE 4510–26–P collect information from collection approximately 4:30 p.m. respondents. ADDRESSES: The meeting will take place III. Data in Room N3437 A, B, and C, of the NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Title: NASA Mentor-Prote´ge´ Frances Perkins Department of Labor Program—Small Business and Small Building, located at 200 Constitution [Notice: 06—083] Disadvantaged Business Concerns Avenue, NW., Washington, DC. Report. Notice of Information Collection Under FOR FURTHER INFORMATION CONTACT: For OMB Number: 2700–0078. OMB Review additional information, please contact Type of Review: Extension of a Deborah Crawford, 202–693–1932, AGENCY: National Aeronautics and currently approved collection. Occupational Safety and Health Space Administration (NASA). Number of Respondents: 20. Administration, Room N–3641, 200 ACTION: Notice of information collection Affected Public: Business or other for- Constitution Avenue, NW., Washington, under OMB review. profit. DC 20210; telephone: (202) 693–1932; Estimated Time Per Response: 1.5 fax: (202) 693–1641; e-mail: SUMMARY: The National Aeronautics and hours. [email protected]. Individuals Space Administration, as part of its Estimated Total Annual Burden with disabilities who need special continuing effort to reduce paperwork Hours: 30. accommodations and wish to attend the and respondent burden, invites the Estimated Total Annual Cost: $0. meeting should contact: Veneta general public and other Federal Chatmon, phone: (202) 693–1634 at agencies to take this opportunity to IV. Request for Comments least one week prior to the meeting. comment on proposed and/or Comments are invited on: (1) Whether SUPPLEMENTARY INFORMATION: The continuing information collections, as the proposed collection of information NACOSH meeting is open to the public. required by the Paperwork Reduction is necessary for the proper performance

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of the functions of NASA, including Dated: October 27, 2006. technological collection techniques or whether the information collected has J. William Leonard, other forms of information technology, practical utility; (2) the accuracy of Director, Information Security Oversight e.g., permitting electronic submissions NASA’s estimate of the burden Office. of responses. (including hours and cost) of the [FR Doc. E6–18629 Filed 11–3–06; 8:45 am] ADDRESSES: Tom Bradshaw, National proposed collection of information; (3) BILLING CODE 7515–01–P Endowment for the Arts, 1100 ways to enhance the quality, utility, and Pennsylvania Avenue, NW., Room 616, clarity of the information to be Washington, DC 20506–0001, telephone collected; and (4) ways to minimize the NATIONAL FOUNDATION ON THE (202) 682–5527 (this is not a toll-free burden of the collection of information ARTS AND THE HUMANITIES number), fax (202) 682–5677. on respondents, including automated Johnie Lewis, collection techniques or the use of other National Endowment for the Arts; Proposed Collection; Comment Acting Director, Administrative Services, forms of information technology. National Endowment for the Arts. Request Gary Cox, [FR Doc. 06–9087 Filed 11–3–06; 8:45 am] Deputy Chief Information Officer (Acting). ACTION: Notice. BILLING CODE 7537–01–P [FR Doc. E6–18692 Filed 11–3–06; 8:45 am] SUMMARY: The National Endowment for BILLING CODE 7510–13–P the Arts (NEA), as part of its continuing NUCLEAR REGULATORY effort to reduce paperwork and COMMISSION respondent burden, conducts a NATIONAL ARCHIVES AND RECORDS preclearance consultation program to [Docket Nos. 50–220 and 50–410] ADMINISTRATION provide the general public and federal Nine Mile Point Nuclear Station, LLC; agencies with an opportunity to Nine Mile Point Nuclear Station, Units Information Security Oversight Office; comment on proposed and/or 1 and 2; Notice of Issuance of Public Interest Declassification Board continuing collections of information in Renewed Facility Operating License (PIDB); Notice of Meeting accordance with the Paperwork Nos. DPR–63 and NPF–69 for an Reduction Act of 1995 (PRA95) [44 Pursuant to Section 1102 of the Additional 20-Year Period; Record of U.S.C. 3506(c)(A)]. This program helps Decision Intelligence Reform and Terrorism to ensure that requested data can be Prevention Act of 2004 which extended provided in the desired format, Notice is hereby given that the U.S. and modified the Public Interest reporting burden (time and financial Nuclear Regulatory Commission (the Declassification Board (PIDB) as resources) is minimized, collection Commission) has issued Renewed established by the Public Interest instruments are clearly understood, and Facility Operating License Nos. DPR–63 Declassification Act of 2000 (Pub. L. the impact of collection requirements on and NPF–69 to the Nine Mile Point 106–567, title VII, December 27, 2000, respondents can be properly assessed. Nuclear Station, LLC (the licensee), the 114 Stat. 2856), announcement is made Currently, the NEA is soliciting operator of the Nine Mile Point Nuclear for the following committee meeting: comments concerning the proposed Station (NMP), Units 1 and 2. Renewed Name of Committee: Public Interest information collection of: National Facility Operating License No. DPR–63 Declassification Board (PIDB). Survey of Public Participation in the authorizes operation of NMP, Unit 1, by Arts. A copy of the current information the licensee at reactor core power levels Date of Meeting: Monday, November collection request can be obtained by not in excess of 1850 megawatts 13, 2006. contacting the office listed below in the thermal, in accordance with the Time of Meeting: 10 a.m. to 1:30 p.m. address section of this notice. provisions of the NMP renewed license Place of Meeting: National Archives DATES: Written comments must be and its Technical Specifications. and Records Administration, 700 submitted to the office listed in the Renewed Facility Operating License No. Pennsylvania Avenue, NW., Washington address section below on or before NPF–69 authorizes operation of NMP, Room, Washington, DC 20408. December 4, 2006. The NEA is Unit 2, by the licensee at reactor core particularly interested in comments power levels not in excess of 3467 Purpose: To discuss declassification megawatts thermal, in accordance with program issues. which: • Evaluate whether the proposed the provisions of the NMP renewed This meeting will be open to the collection of information is necessary license and its Technical Specifications. public. However, due to space for the proper performance of the This notice also serves as the record limitations and access procedures, the functions of the agency, including of decision for the renewal of Facility name and telephone number of whether the information will have Operating License Nos. DPR–63 and individuals planning to attend must be practical utility; NPF–69 for NMP, Units 1 and 2. As submitted to the Information Security • Evaluate the accuracy of the discussed in the Final Supplemental Oversight Office (ISOO) no later than agency’s estimate of the burden of the Environmental Impact Statement Tuesday, November 7, 2006. ISOO will proposed collection of information (FSEIS) for NMP, dated May 2006, the provide additional instructions for including the validity of the Commission considered a range of gaining access to the location of the methodology and assumptions used; reasonable alternatives that included meeting. • Enhance the quality, utility, and generation from coal, natural gas, oil, clarity of the information to be wind, solar, hydropower, geothermal, FOR FURTHER INFORMATION CONTACT: J. collected; and wood waste, municipal solid waste, William Leonard, Director Information • Minimize the burden of the other biomass-derived fuels, delayed Security Oversight Office, National collection of information on those who retirement, utility-sponsored Archives Building, 700 Pennsylvania are to respond, including through the conservation, a combination of Avenue, NW., Washington, DC 20408, use of appropriate automated, alternatives, and a no-action alternative. telephone number (202) 357–5250. electronic, mechanical, or other This range of alternatives was discussed

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in the Generic Environmental Impact Renewal. Copies of the NMP, Units 1 The Board hereby gives notice that the Statement for License Renewal, and 2, Safety Evaluation Report mandatory hearing will now begin on Supplement 24 regarding Nine Mile (NUREG–1900) and the Final Wednesday, November 29, 2006, and Point Nuclear Station, Units 1 and 2. Environmental Impact Statement will continue day-to-day thereafter until After weighing the environmental, (NUREG–1437, Supplement 24) may be concluded. economic, technical and other benefits purchased from the National Technical A. Date, Time, and Location of of the facility against environmental Information Service, U.S. Department of Mandatory Hearing costs and considering available Commerce, Springfield, VA 22161–0002 alternatives, the Commission found that (http://www.ntis.gov), 703–605–6000, or Date: Wednesday, November 29, the adverse environmental impacts of the Superintendent of Documents, U.S. 2006. license renewal are not so great that Government Printing Office, P.O. Box Time: Beginning at 9 a.m. EST. preserving the option of license renewal 371954, Pittsburgh, PA, 15250–7954. Location: ASLBP Hearing Room, Two would be unreasonable. The (http://www.gpoaccess.gov), 202–512– White Flint North, Third Floor, 11545 Commission also has taken all 1800. All orders should clearly identify Rockville Pike, Rockville, Maryland practicable measures within its the NRC publication number and the 20852–2738. jurisdiction to avoid or minimize requester’s Government Printing Office Any members of the public who plan environmental harm in its decision to deposit account number or a VISA or to attend the mandatory hearing are renew Operating License Nos. DPR–63 MasterCard number and expiration date. advised that security measures will be and NPF–69. No license conditions are employed at the entrance to the hearing imposed in connection with mitigation Dated at Rockville, Maryland, this 31st day facility, including searches of hand- measures. of October, 2006. carried items such as briefcases or NMP, Units 1 and 2, are located on For the Nuclear Regulatory Commission. backpacks. The public is further advised approximately 900 acres along the shore Frank P. Gillespie, that, in accordance with 10 CFR 2.390, of Lake Ontario, Oswego County, New Director, Division of License Renewal, Office portions of the hearing sessions may be York. The site is approximately 5 miles of Nuclear Reactor Regulation. closed to the public because the matters north-northeast of the nearest boundary [FR Doc. E6–18627 Filed 11–3–06; 8:45 am] at issue may involve the discussion of of the City of Oswego. The licensee’s BILLING CODE 7590–01–P protected information. application for the renewed licenses complied with the standards and B. Scheduling Information Updates requirements of the Atomic Energy Act NUCLEAR REGULATORY Updated/revised scheduling of 1954, as amended (the Act), and the COMMISSION information regarding the evidentiary Commission’s regulations. As required hearing can be found on the NRC Web [Docket No. 52–009–ESP; ASLBP No. 04– by the Act and the Commission’s 823–03–ESP] site at http://www.nrc.gov/public- regulations in 10 CFR Chapter I, the involve/public-meetings/index.cfm or by Commission has made appropriate Atomic Safety and Licensing Board; calling (800) 368–5642, extension 5036, findings, which are set forth in each Before Administrative Judges: or (301) 415–5036. license. Lawrence G. McDade, Chairman, It is so ordered. Prior public notice of the action Nicholas G. Trikouros, Dr. Richard E. Dated: Rockville, Maryland, October 31, involving the proposed issuance of the Wardwell; in the Matter of System 2006. renewed licenses and of an opportunity Energy Resources, Inc.; Early Site For the Atomic Safety and Licensing for a hearing regarding the proposed Permit for Grand Gulf Site; Revised Board.3 issuance of the renewed licenses was Notice of Hearing Lawrence G. McDade, published in the Federal Register on Chairman, Administrative Judge. July 21, 2004 (69 FR 43633). October 31, 2006. For further details with respect to this On October 6, 2006, this Atomic [FR Doc. 06–9075 Filed 11–3–06; 8:45 am] action, see (1) the Nine Mile Point Safety and Licensing Board issued a BILLING CODE 7590–01–P Nuclear Station, LLC license renewal Notice of Hearing,1 which indicated that application for Nine Mile Point Nuclear an evidentiary session would be NUCLEAR REGULATORY Station, Units 1 and 2 dated May 26, convened beginning on Tuesday, COMMISSION 2004, as amended July 15, 2005; (2) the November 14, 2006, to receive Commission’s safety evaluation report testimony and exhibits in the [Docket No. 70–7004–ML, ASLBP No. 05– (NUREG–1900), published in September ‘‘mandatory hearing’’ portion of this 838–01–ML] 2006; and (3) the Commission’s final proceeding regarding the October 16, environmental impact statement 2003, application of System Energy Atomic Safety and Licensing Board, (NUREG–1437, Supplement 24), Resources, Inc. (SERI) for a 10 CFR Part Before Administrative Judges: published in May 2006. These 52 early site permit (ESP), seeking Lawrence G. McDade, Chairman, Dr. documents are available at the NRC approval of the site of the existing Peter S. Lam, Dr. Richard E. Wardwell; Public Document Room, One White Grand Gulf Nuclear Station (GGNS) near In the Matter of USEC, Inc. (American Flint North, 11555 Rockville Pike, Port Gibson in Claiborne County, Centrifuge Plant); Notice of Rockville, Maryland 20852, and can be Mississippi, for the possible future Opportunity To Make Oral or Written viewed from the NRC Public Electronic construction of a new nuclear power Limited Appearance Statements 2 Reading Room at (http://www.nrc.gov/ generation facility. This mandatory October 31, 2006. reading-rm/adams.html). hearing will concern safety and This proceeding involves the Copies of Renewed Facility Operating environmental matters relating to the application of USEC, Inc. (USEC) for License Nos. DPR–63 and NPF–69 may proposed issuance of the requested ESP, authorization to construct a facility and be obtained by writing to the U.S. as described in our October 6 Notice. Nuclear Regulatory Commission, 3 Copies of this Notice were sent this date by Washington, DC, 20555–0001, 1 See 71 FR 60,583 (Oct. 13, 2006). Internet e-mail transmission to counsel for (1) SERI; Attention: Director, Division of License 2 See 69 FR 2636 (Jan. 16, 2004). and (2) the NRC Staff.

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to possess and use source, byproduct, Oral limited appearance statements D. Submitted Written Limited and special nuclear material in order to will be entertained during the hours Appearance Statements enrich natural uranium to a maximum specified above, or such lesser time as 235 A written limited appearance of ten percent uranium-235 (U ) by the might be necessary to accommodate the statement may be submitted to the gas centrifuge process. USEC proposes speakers who are present. In this regard, Board regarding this proceeding at any to do this at a facility—denominated the if all scheduled and unscheduled time, either in lieu of or in addition to American Centrifuge Plant (ACP)—to be speakers present at the session have any oral statement. Such statements constructed near Piketon, Ohio. made a presentation, the Licensing should be sent to the Office of the More specifically, on August 23, 2004, Board reserves the right to terminate the Secretary using the methods prescribed USEC filed an application with the session before the ending time listed above, with a copy to the Licensing Nuclear Regulatory Commission (NRC) above. During the limited appearance Board Chairman. to obtain a thirty-year license under 10 session no signs or banners will be CFR Parts 30, 40, and 70 to operate its permitted in the room. E. Availability of Documentary proposed ACP. Thereafter a public In order to allow all interested Information Regarding the Proceeding interest group, the Portsmouth/Piketon persons an opportunity to address the Documents relating to this proceeding Residents for Environmental Safety and Board, the time allotted for each are available for public inspection at the Security (PRESS) and an individual, statement normally will be no more Commission’s Public Document Room Geoffrey Sea (Sea), filed petitions to than five (5) minutes, but may be (PDR), located at One White Flint North, intervene. Based on the pleadings limited, or expanded, depending on the 11555 Rockville Pike (first floor), submitted, and after hearing argument number of written requests to make oral Rockville, Maryland, or electronically from the putative intervenors, this statements that are submitted in from the publicly available records Board determined that neither Petitioner accordance with Section C below, and/ component of NRC’s document system had presented an admissible contention. or the number of persons present at the (ADAMS). ADAMS is accessible from LBP–05–28, 62 NRC 585 (2005). Both designated time. At the outset of each the NRC Web site at http://www.nrc.gov/ PRESS and Sea appealed the Board’s statement, the speaker should identify reading-rm/adams.html (Electronic Order and, on April 3, 2006, the himself or herself by stating their name, Reading Room). Persons who do not Commission affirmed the Board’s city and state of residence, and stating have access to ADAMS or who rulings as to both Petitioners. CLI–06– whether they have any affiliation (such encounter problems in accessing the 09, 63 NRC 433 (2006); CLI–06–10, 63 as employment, consultancy, or documents located in ADAMS should NRC 451 (2006). Therefore, the only membership) with any of the parties contact the NRC PDR reference staff by matter remaining before this Board is (USEC or the NRC). telephone at (800) 397–4209 or (301) satisfaction of the Mandatory Hearing 415–4737, or by e-mail to [email protected]. requirement with regard to USEC’s C. Submitting a Request To Make an License Application (LA). 42 U.S.C. Oral Limited Appearance Statement F. Scheduling Information Updates 2243(b)(1); 10 CFR 70.23a, 70.31(e). Updated/revised scheduling This Atomic Safety and Licensing Persons wishing to make an oral statement who have submitted a timely information regarding the limited Board hereby gives notice that, in appearance session can be found on the accordance with 10 CFR 2.315(a), the written request to do so will be given priority over those who have not filed NRC Web site at http://www.nrc.gov/ Board will entertain oral limited public-involve/public-meetings/ appearance statements from members of such a request. To be considered timely, a written request to make an oral index.cfm or by calling (800) 368–5642, the public in connection with this extension 5036, or (301) 415–5036. proceeding at the date, time, and statement must either be mailed, faxed, location specified below. or sent by e-mail so as to be received by Dated: October 31, 2006. 5 p.m. EST on December 5, 2006. For the Atomic Safety and Licensing A. Date, Time, and Location of Oral Written requests to make an oral Board.1 Limited Appearance Statement Session statement should be submitted to: Lawrence G. McDade, Chairman The session will be held on the Mail: Office of the Secretary, Administrative Judge. following date at the specified location Rulemakings and Adjudications Staff, [FR Doc. 06–9076 Filed 11–3–06; 8:45 am] and time: U.S. Nuclear Regulatory Commission, BILLING CODE 7590–01–P Date: Tuesday, December 12, 2006. Washington, DC 20555–0001. Time: 6 p.m. EST until 9 p.m. EST. Fax: (301) 415–1101 (verification Location: Ohio State University (301) 415–1966). NUCLEAR REGULATORY Endeavor Center, Training Room 160, COMMISSION 1862 Shyville Road, Piketon, Ohio E-mail: [email protected]. 45661. In addition, using the same method of [Docket Nos. 50–259, 50–260, and 50–296] service, a copy of the written request to B. Participation Guidelines for Oral Tennessee Valley Authority, Browns Limited Appearance Statements make an oral statement should be sent to the Chairman of this Licensing Board Ferry Nuclear Plant, Units 1, 2 and 3; Any person not a party, or the as follows: Draft Environmental Assessment and representative of a party, to the Finding of No Significant Impact Mail: Administrative Judge Lawrence proceeding will be permitted to make an Related to the Proposed License G. McDade, c/o: Debra Wolf, Esq. Law oral statement setting forth his or her Amendment To Increase the Maximum Clerk, Atomic Safety and Licensing position on matters of concern relating Reactor Power Level Board Panel, Mail Stop T–3 F23, U.S. to this proceeding. Although these Nuclear Regulatory Commission, AGENCY: U.S. Nuclear Regulatory statements do not constitute testimony Washington, DC 20555–0001. Commission. or evidence in the proceeding, they nonetheless help the Board and/or the Fax: (301) 415–5599 (verification (301) 415–6094). 1 Copies of this Notice were sent this date by parties in their consideration of the Internet electronic mail transmission to counsel for issues. Email: [email protected]. (1) USEC; and (2) the NRC Staff.

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ACTION: Notice of Opportunity for Public expanse of open river used for a variety with three bays each with a gate that can Comment. of recreational purposes. The reservoir be raised or lowered depending on the in the vicinity of the plant site is operational requirements of the plant. SUMMARY: The U.S. Nuclear Regulatory moderately used by recreational boaters Beyond the forebay are 18 intake Commission (NRC) has prepared a draft and fishermen. There are no homes pumping station bays (6 per reactor Environmental Assessment (EA) as its within the foreground viewing distance unit) each with traveling screens. evaluation of a request by the Tennessee to the north and east. However, adjacent The BFN units are normally cooled by Valley Authority (TVA) for license to the plant site several developments pumping water from Wheeler Reservoir amendments to increase the maximum have partial views of the site—a small into the turbine generator condensers thermal power at Browns Ferry Nuclear residential development is sited to the and discharging it back to the reservoir Plant (BFN) from 3458 megawatts- northwest and another across the via three large submerged diffuser pipes thermal (MWt) to 3952 MWt for Units 2 Wheeler Reservoir to the southwest, and that are perforated to maximize uniform and 3 and from 3293 MWt to 3952 MWt the Mallard Creek public use area is mixing into the flow stream. This for Unit 1. These represent power directly across the reservoir. A berm, straight-through flow path is known as increases of approximately 15 percent graded during the initial construction of ‘‘open cycle’’ or ‘‘open mode’’ for BFN Units 2 and 3 and a total of 20 the plant site and containing operation. As originally designed, the percent for BFN Unit 1. As stated in the approximately 2.5 million m3 (3.3 maximum thermal discharge from the NRC staff’s position paper dated million yd3) of earth excavated to make once-through cooling water system is February 8, 1996, on the Boiling-Water cooling water channels, lies adjacent to directed into the Wheeler Reservoir, Reactor Extended Power Uprate (EPU) the cooling tower complex and blocks with a temperature increase across the Program, the NRC staff would prepare views of the northern and eastern plant intake and discharge of 13.9 °C (25 °F). an environmental impact statement if it areas. Two wildlife management areas— The flow exits the diffusers and mixes believes a power uprate would have a Swan Creek State Wildlife Management with the reservoir flow. At the edge of significant impact on the human Area and Mallard-Fox Creek State the discharge mixing zone, the water environment. The NRC staff did not Wildlife Management Area—are within temperature is required to be less than identify any significant impact from the 5 km (3 mi) of the BFN site. The Swan 5.6 °C (10 °F) above ambient water information provided in the licensee’s Creek Wildlife Management Area temperature. EPU applications for BFN Units 1, 2, includes 1232 ha (3045 ac) of land and Through various gates, some of this and 3, or from the NRC staff’s 2357 ha (5825 ac) of water surrounded cooling water can also be directed independent review; therefore, the NRC by numerous industrial facilities. The through cooling towers to reduce its staff is documenting its environmental Mallard-Fox Creek State Wildlife temperature as necessary to comply review in an EA. Also, in accordance Management Area encompasses with environmental regulations. This with the position paper, the draft EA approximately 593 ha (1483 ac) and is flow path is known as the ‘‘helper and Finding of No Significant Impact used primarily for small game hunting. mode’’ operation. are being published in the Federal The Round Island Recreation Area, a The capability also exists to recycle Register with a 30-day public comment site on the Central Loop of the North cooling water from the cooling towers period. Alabama Birding Trail, is located directly back to the intake structure approximately 5.6 km (3.5 mi) upstream without being discharged to the Environmental Assessment of BFN on the northern side of the reservoir. This flow path, known as the Plant Site and Environs: Tennessee River and provides birding ‘‘closed mode’’ of operation, has not opportunities and boat access. been used since the restart of Units 2 BFN is located on approximately 340 BFN has two active nuclear reactor and 3 because of difficulties in meeting ha (840 ac) of Federally owned land that units (Units 2 and 3) and one currently temperature limits in summer months is under the custody of the TVA in inactive unit (Unit 1). Each unit and problems with equipment Limestone County, Alabama. The EPU includes a boiling-water reactor and a reliability. TVA does not anticipate would apply to facilities at the BFN site, steam-driven turbine generator using this mode in the future, and no which is located in northern Alabama manufactured by General Electric procedures for operating in this mode on the northern shore of Wheeler Company. Each unit originally was currently exist. Reservoir, an impoundment of the licensed for an output of 3293 In recent years, only Units 2 and 3 Tennessee River, at Tennessee River megawatts-thermal (MWt), with a design have been operated, but because of a Mile (TRM) 294. The BFN site is net electric rating of 1065 megawatts- combination of system upgrades and approximately 16 km (10 mi) south of electric (MWe). Major construction on improved flow calibrations, the Athens, Alabama; 16 km (10 mi) BFN, TVA’s first nuclear power plant, measured total per-unit condenser northwest of Decatur, Alabama; and 48 began in 1967. Commercial operation cooling water (CCW) flow rate in open km (30 mi) west of Huntsville, Alabama. began in 1974 for Unit 1, in 1975 for mode (with three CCW pumps per unit) Land in the vicinity of BFN is used Unit 2, and in 1977 for Unit 3. All three has increased. The condenser tubes primarily for agriculture. Population units were shut down in 1985 during a were replaced with stainless steel tubing densities are low, with no population review of the TVA nuclear power that has a larger internal diameter and centers of significance within 16 km (10 program. Unit 2 returned to service in lower flow resistance. This modification mi) of the plant. The site is surrounded May 1991, and Unit 3 resumed increased flow through the condenser to the north and east by rural operation in November 1995. Work by approximately 6 percent. TVA countryside. It includes open pasture began in 2002 to bring Unit 1 up to estimates total intake for three-unit lands, scattered farmsteads, few current standards, and the reactor is operation in open mode to be 139 residents, and little industry within currently scheduled to restart in 2007. m3/s (4907 cfs) or 12,000 m3/d (3171 several miles. The terrain is gently Wheeler Reservoir on the Tennessee million gallons per day [MGD]). rolling with open views to higher River is the source for cooling water and Because of various system limitations, elevations to the north. The southern most of the auxiliary water systems for BFN cannot pass all the CCW through and western sides of the plant site abut BFN. The intake forebay is separated the cooling towers when operating in the Wheeler Reservoir, which is a wide from Wheeler Reservoir by a structure the helper mode. The fraction of cooling

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water that cannot be passed through the The Need for the Proposed Action: would change along transmission lines cooling towers is routed directly to the The proposed action would meet the (no new lines would be required for river. Also, almost all of the cooling increasing demand for bulk power EPU), transmission corridors, switch water that passes through the cooling resulting from the economic growth in yards, or substations. towers is returned to the river, but a the TVA service area. Such economic According to the SEIS for license small amount is lost to the atmosphere growth is forecasted to continue in the renewal of BFN, the only significant during operation. If cooling tower Tennessee Valley region resulting in an cultural resources in the proximity of capacity is increased due to the EPU, estimated average annual increase of 1.6 BFN are site 1Li535 and the Cox this consumptive use could increase percent in the regional energy demand Cemetery, which was moved to proportionally. The cooling towers are over the next 20 years. Such demand accommodate original construction of only operated when necessary, typically increases would exceed TVA’s capacity the plant. TVA has procedures in place a few weeks during the hottest part of to generate electricity for its customers. to ensure that the operation of BFN the summer (typically July and August), The proposed EPUs would add would protect undiscovered historic or to meet thermal discharge temperature approximately 600 MWe to the archaeological resources, and the limits specified in the National historical generating capacity of BFN; proposed action would not change such Pollutant Discharge Elimination System such additional capacity should provide procedures. The EPUs and continued operation of (NPDES) permit issued by the Alabama a cost-effective means of meeting the BFN Units 1, 2, and 3 would remain in Department of Environmental projected increased demand. The EPUs the scope of the original FES, and Management. can be implemented without substantial therefore, the staff concludes potential The residual heat removal service capital investment and would not cause impacts to land use and to historic and water (RHRSW) system consists of four the environmental impacts that would archaeological resources from the pairs of pumps located on the intake occur if construction of a new power- proposed action are bounded by the structure for pumping river water to the generation facility was sought to meet impacts previously evaluated in the heat exchangers in the RHRSW system the region’s electricity needs. and four additional pumps for FES. Environmental Impacts of the Proposed supplying water to the emergency Cooling Tower Impacts equipment cooling water (EECW) Action: In support of the EPUs, operation system. The EECW system distributes At the time of issuance of the frequency of the cooling towers would cooling water supplied by the RHRSW operating licenses for BFN, the NRC likely increase to approximately 7.2 system to essential equipment during staff noted that any activity authorized percent of the time to meet thermal normal and accident conditions. by the licenses would be encompassed discharge requirements of the NPDES Identification of the Proposed Action: by the overall action evaluated in the permit. The potential impacts from Final Environmental Statement (FES) By letters dated June 25, 2004 and increased use of the cooling towers for the operation of BFN that was issued June 28, 2004, TVA proposed would be negligible to minor. The in September 1972. Additionally, the amendments to the operating licenses impacts would be increased noise Generic Environmental Impact for BFN Units 2 and 3 and for BFN Unit directly proportional to the increased Statement for License Renewal of 1, respectively, to increase the usage frequency. The towers may Nuclear Plants Regarding Browns Ferry maximum thermal power level by produce more noise and longer periods Nuclear Plant, Units 1, 2 and 3 approximately 15 percent for Units 2 of noise due to the increased cooling and 3, from 3458 MWt to 3952 MWt, (NUREG–1437, Supplement 21) Final tower operation, but other background and by approximately 20 percent for Report evaluating license renewal for noise, such as traffic, insects, frogs, and Unit 1, from 3293 MWt to 3952 MWt. BFN assumes operation of all three units air conditioners, dominated TVA’s June The change is considered an EPU operating at 120 percent of the 2001 background noise survey. There because it would raise the reactor core originally licensed power level because are two neighborhoods in close power levels more than 7 percent above it was assumed that the EPU would be proximity to BFN. The estimated the originally licensed maximum power approved before the renewed license background noise in the two levels. This amendment would allow terms begin. This EA summarizes the neighborhoods, Paradise Shores and the heat output of the reactors to non-radiological and radiological Lakeview, with six cooling towers increase, which would increase the flow impacts in the environment that may operating would be approximately 52 of steam to the turbines. This would result from the proposed action of the and 48 decibels, respectively. These increase production of electricity and EPU. values are below the U.S. the amount of waste heat delivered to Non-Radiological Impacts Environmental Protection Agency’s the condensers, and increase the (EPA’s) recommended level of 55 temperature of the water being Land Use Impacts decibels for the annual equivalent discharged into the Wheeler Reservoir. The potential impacts associated with sound level day/night. Therefore, noise On September 8, 1998, the NRC land use for the proposed action include increases are not expected to have a approved license amendments for effects from construction and plant noticeable effect on nearby residents. power uprates of 5 percent for BFN modifications. While some plant Conclusions reached in NUREG–1437, Units 2 and 3. BFN Units 2 and 3 are components would be modified, all Generic Environmental Impact currently operating at 105 percent of plant changes related to the EPUs would Statement for License Renewal of their originally licensed thermal power occur within existing structures, Nuclear Plants (GEIS), apply to the (an increase from 3293 MWt to 3458 buildings, and fenced equipment yards proposed action regarding cooling tower MWt). Therefore, the proposed EPUs housing the major unit components. impacts on crops, ornamental analyzed in this EA are 15 percent for Also, the EPU would use existing vegetation, and native plants. The Units 2 and 3 and 20 percent for Unit parking lots, road access, lay-down conclusions state that salt drift, icing, 1, which is currently licensed to operate areas, offices, workshops, warehouses, fogging, or increased humidity resulting at 100 percent of its originally licensed and restrooms. Therefore, no land use from cooling tower operation would not thermal power (3293 MWt). would change at BFN. Also, no land use be significant. These same conclusions

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apply for the period of operation prior The National Electric Safety Code #3. BFN typically enters helper mode to entry into the renewed operating (NESC) provides design criteria that during the hot summer months, and the license period. Additionally, as stated in limit hazards from steady-state currents. cooling towers are operated only when the SEIS, the BFN cooling towers would The NESC limits the short-circuit necessary to meet the NPDES permit’s be operated as helper towers and, current to the ground to less than 5 mA. thermal discharge limits. With the therefore, would be operated less There would be an increase in current restart of Unit 1, if more than six frequently than at plants with passing through the transmission lines circulating water pumps are operating, continuous cooling tower operation. associated with the increased power some flow must bypass the cooling However, since the publication of the level of the proposed EPU. The towers and enter the river directly due NRC’s SEIS, TVA has proposed a design increased electrical current passing to system limitations. Only about 2 change for the future sixth cooling through the transmission lines would percent of the cooling tower flow is not tower, which would result in slightly cause an increase in electromagnetic returned to the river due to evaporation increased frequency of cooling tower field strength. Transmission lines would and drift. BFN’s consumptive water use operation than the originally planned continue to meet applicable shock consists of a negligible, unquantifiable 20-cell tower. Nonetheless, cooling prevention provisions of the NESC. amount that would not change tower operation at BFN with all three Although the United States has no detectably as a result of the EPU. units operating at EPU levels would still guidelines for exposure to power Therefore, the staff concludes there be operated less frequently than at frequency electromagnetic fields, would be no significant impacts to plants with continuous cooling tower Florida and New York have guidelines water use in the Wheeler Reservoir or operation. based on maximum load-carrying the Tennessee River for the proposed Likewise, the conclusion reached in conditions. Under conditions of action. the GEIS regarding aesthetics of cooling increased EPU currents, TVA Discharge Impacts tower operation applies to the BFN transmission lines would continue to helper towers. In addition to increased meet such guidelines. No data exist to Potential impacts to the Wheeler noise, increased operation of cooling suggest that higher electromagnetic Reservoir from the BFN discharge towers may have an aesthetic effect in fields adversely affect human health or include increased turbidity, scouring, that a visible plume would be detectable flora and fauna. erosion, and sedimentation. These more days of the year. However, the The impacts associated with discharge-related impacts apply to conclusions in the GEIS state that transmission facilities for the proposed open-cycle flow due to the large volume continuously operated cooling towers action would not change significantly of water discharged to the reservoir. would not have significant effects on relative to the impacts from current However, since the EPU at BFN would visible and audible aesthetics; therefore, plant operation. There would be no not alter the intake volume of water, no the proposed action, including the physical modifications to the significant change in discharge volume increased use of helper towers, would transmission lines, transmission line is anticipated. Therefore, no significant not significantly affect aesthetics. This right-of-way maintenance practices impacts from increased turbidity, conclusion also applies to operation would not change, there would be no scouring, erosion, and sedimentation are both prior to the renewed operating changes to transmission line rights-of- expected. license period and during the renewed way or vertical clearances, and electric Surface runoff and wastewater operating license period. current passing through the discharges at BFN are regulated by the The proposed EPU would increase the transmission lines would increase only State of Alabama via a NPDES permit number of days of operation of the slightly. Therefore, the staff concludes (NPDES No. AL0022080). The permit is cooling towers, which may increase the there would be no significant impacts periodically reviewed and renewed by number of days experiencing associated with transmission lines for the Alabama Department of background noise, fogging, icing, the proposed action. Environmental Management. With the increased humidity, and a visible exception of discharge temperature, the plume. Although the frequency of Water Use Impacts EPU would not be expected to alter any cooling tower operation would increase, Potential water use impacts from the other effluents, such as yard drainage, the helper towers would be used only proposed action include hydrological station sumps, and sewage treatment. intermittently. Therefore, the staff alterations to the Wheeler Reservoir on Increase in discharge temperature in the concludes impacts of operating cooling the Tennessee River and changes to Wheeler Reservoir would remain within towers would not be significant for the plant water supply. No changes to the the NPDES permit limits due to the proposed action. plant intake system are expected due to implementation of cooling towers in the proposed action; therefore, the helping mode or derating the units Transmission Facility Impacts volume of intake water would not during hot summer months. The potential impacts associated with change. Therefore, the staff concludes BFN’s current NPDES permit limits transmission facilities for the proposed that there would be no significant thermal discharge, as detected at a action include changes in transmission alteration of the hydrology of the depth of 5 feet at the end of a 2400-foot line corridor right-of-way maintenance Wheeler Reservoir or the plant’s water mixing zone downstream of the and electric shock hazards due to supply. discharge diffusers, to a maximum 1- increased current. No change in right-of- In addition to the once-through hour average of 93°F, a maximum 24- way maintenance, including vegetative cooling system, BFN has five hour average of 90°F, and a maximum management, would occur as a result of mechanical draft cooling towers that increase of 10°F over ambient the EPU. The proposed EPU would operate during helper mode. In temperatures. Currently, with Units 2 increase the current, which would affect conjunction with the restart of Unit 1, and 3 operating at 105 percent of the the electromagnetic field, but would not TVA has committed to building a originally licensed maximum power increase the voltage. Because the voltage replacement for the sixth cooling tower; level in open mode, the approximate would not change, there would be no the replacement tower would have a temperature increase at the end of the change in the potential for electric heat removal capacity greater than or mixing zone is 5.3°F. Operation of all shock. equal to that of existing cooling tower three units at 120 percent power is

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predicted to increase the mean water lower densities of fish larvae than in yellow perch (Perca flavescens), showed temperature at the end of the mixing overbank areas. Fish eggs (mostly from that BFN had no significant, adverse zone by about 0.5°F compared to current freshwater drum [Aplodinotus impacts on reproduction of either operations and only 0.3°F when grunniens]) are found in the main species or on the annual sauger compared to all three units operating at channel at higher densities, but migration past BFN for spawning. Most their original power level as assessed in abundance of freshwater drum has not larvae and eggs drifting past BFN are the FES. Increase in discharge decreased noticeably. With the return of demersal and would have very little temperature beyond the NPDES limits three-unit operation at 120 percent exposure to the thermal plume due to would trigger operation of the cooling power for each unit, entrainment and rapid mixing with the ambient surface towers in helper mode. If operation of impingement would increase slightly water and rising of the heated water. the cooling towers is insufficient to due to the increased flow rate of CCW. Therefore, the thermal plume associated reduce discharge temperature enough to TVA’s Vital Signs monitoring program with the proposed EPU is not expected remain within the NPDES compliance, currently being conducted would to affect adversely any life history stages the units would be derated so that the continue after the return of three-unit of freshwater mussels or their host discharge temperature does not exceed operation. In addition to assessing species. the permit’s limits. It is estimated that impacts from entrainment and The NPDES permit limits the amount three-unit operation with the EPU impingement of fish populations in the of heat discharged to the Wheeler would increase cooling-tower-operation Wheeler Reservoir, the monitoring Reservoir from the operation of BFN. frequency to about 7.2 percent and program addresses effects on fish The thermal limits specified in the would result in derating approximately population dynamics and commercial NPDES permit (as discussed above in 0.29 percent of the time. It is expected and recreational fisheries as needed. discharge impacts section) would not that such operational controls would The staff has determined that slight change with implementation of the EPU. maintain compliance with the NPDES increases in entrainment and Because TVA would continue to meet permit. When the plant is operating impingement as a result of the proposed the thermal limits set in the NPDES within the permit limits, it is expected action would not have significant permit, whether in open cycle, in helper that thermal discharge would not have impacts on species abundance or on the mode, or via power derating, the significant individual or cumulative Wheeler Reservoir fish community. proposed action is not expected to result effects on reservoir stratification, On July 9, 2004, EPA published a in additional thermal discharge effects dissolved oxygen concentrations, and final rule in the Federal Register (69 FR on aquatic species in the Wheeler eutrophication. 41575) addressing cooling water intake Reservoir. The proposed EPU would not result structures at existing power plants As discussed in the transmission in changes in any other effluents, which whose flow levels exceed a minimum facility impacts section of this EA, are currently within permit limits. threshold value of 50 MGD. The rule is transmission line right-of-way Therefore, the staff concludes that the Phase II in EPA’s development of 316(b) maintenance practices would not proposed action would not result in any regulations that establish national change for the proposed action. significant impacts on the Wheeler requirements applicable to the location, Therefore, the staff concludes that there Reservoir or the Tennessee River from design, construction, and capacity of would be no significant impacts to BFN discharge. cooling water intake structures at aquatic species associated with existing facilities that exceed the Impacts on Aquatic Biota transmission line right-of-way threshold value for water withdrawals. maintenance for the proposed action. The potential impacts to aquatic biota The national requirements, which are from the proposed action include imposed with NPDES permits, minimize Impacts on Terrestrial Biota impingement, entrainment, thermal the adverse environmental impacts The proposed action would not discharge effects, and impacts due to associated with the continued use of the include any new land disturbance or transmission line right-of-way intake systems. Licensees are required changes in transmission line right-of- maintenance. The BFN has intake and to demonstrate compliance with the way maintenance. Most areas at BFN are discharge structures on the Wheeler Phase II performance standards to renew not pristine and continue to provide Reservoir. The aquatic species evaluated their NPDES permits. TVA is currently habitat only for species with widespread in this EA are those in the vicinity of the conducting entrainment and distributions; the wildlife diversity at intake and discharge structures. impingement studies at BFN in BFN is not great. No rare terrestrial Entrainment and impingement of compliance with the Phase II rule. species occur in the vicinity of BFN. aquatic species at BFN are limited by Fish have the ability to detect thermal Although wetlands do occur at the BFN the NPDES permit. TVA conducted a changes and actively avoid areas with site (25 acres according to the National pre-operational and operational study to elevated water temperature near the Wetlands Inventory and 12 acres collect data describing ichthyoplankton BFN diffusers. Thermal modeling shows according to the Federal jurisdictional populations in the Wheeler Reservoir that the bank opposite the BFN diffusers criteria), none of the wetlands would be from 1971 through 1979. The results of would not be affected by the thermal affected by the proposed action. the study indicated that, under open- plume and, therefore, would allow Therefore, the staff concludes that there cycle, three-unit operation, entrainment passage for migrating fish. Known fish would be no significant impacts to would not increase mortality hosts for the protected freshwater terrestrial species or their habitat significantly beyond the expected levels mussels (see section below describing associated with the proposed action, of natural mortality of fish eggs and impacts on threatened and endangered including transmission line right-of-way larvae and that impingement would not species) are common in the Wheeler maintenance. adversely affect the fish community in Reservoir. Most fish host species in the the Wheeler Reservoir. TVA also reservoir have upper lethal temperature Impacts on Threatened and Endangered conducted flow studies at BFN; the limits that are higher than the BFN Species studies indicated that most entrained thermal variance of 90 °F. Studies on Potential impacts to threatened and water originates on the eastern side of the least thermally tolerant species, endangered species from the proposed the main river channel. This area has sauger (Stizostedion vitreum) and action include the impacts assessed in

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the aquatic and terrestrial biota sections Socioeconomic Impacts to minority and low-income of this environmental assessment. These Potential social and economic impacts populations. impacts include impingement, due to the proposed action include In compliance with Section 13 of the entrainment, thermal discharge effects, changes in the payments in lieu of taxes TVA Act, TVA makes payments in lieu and impacts due to transmission line for Limestone County and changes in of property taxes to states and counties right-of-way maintenance for aquatic the size of the workforce at BFN. The in which its power operations occur and and terrestrial species. NRC staff has reviewed the information in which its acquired properties were There are seven species listed as provided by the licensee regarding subject to state and county taxation threatened or endangered under the socioeconomic impacts. Because BFN previous to their acquisition by TVA. Federal Endangered Species Act that changes in conjunction with the For such payments, TVA pays 5 percent occur within Limestone County, proposed action would occur during a of its gross power revenues to Alabama. The listed terrestrial species planned outage, the proposed action appropriate states and counties, with include the endangered gray bat (Myotis would not result in any additional most of the money paid to the states, grisescens) and the endangered Indiana changes in the workforce. For all which redistribute the payments to local bat (M. sodalis). These two species are planned outages, which typically last governments. The proposed action not known to occur within three miles about 35 days, employment at BFN would affect the in-lieu-of-tax payments of BFN. As no significant impacts are would increase by about 1000 people at because the total amount of money to be expected to terrestrial species or their most. Due to the short-term need for distributed increases as power habitat, the proposed action would not increased employment, it is not generation increases and because the have significant impacts on the gray or expected that workers would move into EPU would increase BFN’s value, thus Indiana bats or their habitats. the local area for such temporary resulting in a larger allocation of the There are five Federally endangered employment. The maximum payment to Limestone County. Because aquatic species that occur within the employment during an outage would be the proposed EPU would increase the vicinity of BFN. The rough pigtoe about 3.1 percent of Limestone County’s economic viability of BFN, the (Pleurobema plenum) and the pink current labor force, which was about probability of early plant retirement mucket (Lampsilis abrupta) are 32,690 in 2003. For the primary labor would be reduced. Early plant freshwater mussels that have been market area, which includes Huntsville, retirement would be expected to have reported to occur in areas upstream Decatur, and Florence, BFN outages negative impacts on the local economy from BFN. It is unlikely that these would employ about 0.3 percent of the and the community by reducing in-lieu- species would occur in areas near the labor force, which was about 318,800 in of-tax payments and limiting local thermal plume or downstream of BFN; 2003. Therefore, the proposed EPU employment opportunities for the long therefore, effects on the rough pigtoe, would not affect significantly the size of term. the pink mucket, their habitats, or their the BFN labor force as the modifications fish host species (see aquatic biota would occur during planned outages While the proposed action would not section above describing impacts on and would not increase the size of affect the labor force significantly, there host species) are not expected to result permanent employment at BFN. would be no disproportionate impacts from the proposed action. The three Accordingly, the proposed action would on minority or low-income populations. other Federally listed aquatic species not have measurable effects on annual Additionally, the proposed EPU would are endangered snails: Armored snail earnings and income in Limestone increase the in-lieu-of-tax payments (Pyrgulopsis pachyta), slender County or on community services due to received by Limestone County, increase campeloma (Campeloma decampi), and the very small and insignificant impact the book value of BFN, and increase the Anthony’s river snail (Athearnia on the local population. long-term viability of BFN. Therefore, anthonyi). All three Federally The Limestone County population is the NRC staff concludes that there endangered aquatic snails are found about 17.6 percent minority, which is would be no significant socioeconomic only in tributaries to the Wheeler well below both the state and national impacts associated with the proposed Reservoir that are located upstream of minority populations, 29.7 and 30.9 action. BFN; therefore, no significant impacts percent, respectively. The labor market Summary on these snails are expected from the minority population is about 22.1 proposed action. No Federally listed percent. The poverty rates in Limestone The proposed EPU would not result fish species or critical habitat are known County and the labor market area are in a significant change in non- to occur within the vicinity of BFN. 12.3 percent and 12.1 percent, radiological impacts in the areas of land TVA’s Vital Signs monitoring program respectively, which are lower than the use, cooling tower operation, and Regional Natural Heritage Program state’s average of 16.1 percent and about transmission facility operation, water would continue acting as tools for the same as the nation’s average of 12.4 use, waste discharges, aquatic and identification of protected species and percent. Therefore, due to the low terrestrial biota, or socioeconomic habitat at BFN. The staff concludes that minority population, low poverty rate, factors. No other non-radiological there would be no significant effects on and lack of significant environmental impacts were identified or would be Federally threatened or endangered impacts resulting from the proposed expected. Table 1 summarizes the non- species as a result of the proposed action, the proposed EPU would not radiological environmental impacts of action. have disproportionate negative impacts the proposed EPU at BFN.

TABLE 1.—SUMMARY OF NON-RADIOLOGICAL ENVIRONMENTAL IMPACTS

Land Use ...... No significant land-use modifications. Cooling Tower ...... No significant aesthetic impacts; slightly larger visible plume and increased noise due to more frequent operation; no significant fogging or icing. Transmission Facilities ...... No physical modifications to transmission lines; lines meet shock safety requirements; no changes to right-of- ways; small increase in electrical current would cause small increase in electromagnetic field around trans- mission lines; no changes to voltage.

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TABLE 1.—SUMMARY OF NON-RADIOLOGICAL ENVIRONMENTAL IMPACTS—Continued Water Use ...... No configuration change to intake structure; no increased volume of water withdrawal; increase in flow rate of condenser cooling water; slight increase in consumptive use due to evaporation; no water use conflicts. Discharge ...... Increase in discharge water temperature; no increases in other effluents; discharge would remain within NPDES permit limits due to cooling tower operation and derating as necessary. Aquatic Biota ...... Entrainment and impingement would increase slightly but are not expected to affect the fish community in Wheel- er Reservoir. Terrestrial Biota ...... No land disturbance or changes to transmission line right-of-way maintenance are expected; therefore, there would be no significant effects on terrestrial species or their habitat. Threatened and Endangered As for aquatic and terrestrial biota, no significant impacts are expected on protected species or their habitat. Species. Socioeconomics ...... No significant change in size of BFN labor force required for plant operation or for planned outages; proposed EPU would increase in-lieu-of-tax payments to Limestone County and book value of BFN; minority and low-in- come populations would not be disproportionately affected.

Radiological Impacts then recycle it within the plant as and higher radiation dose rates in some condensate, reprocess it through the areas at BFN. The annual average Radioactive Waste Stream Impacts radioactive waste system for further occupational radiation dose to an BFN uses waste treatment systems purification, or discharge it to the individual for BFN during the 1991-to- designed to collect, process, and dispose environment as liquid radioactive waste 2000 period was 0.198 rem. The of gaseous, liquid, and solid wastes that effluent in accordance with State and predicted occupational radiation dose might contain radioactive material in a Federal regulations. Although no for BFN with the proposed EPU could safe and controlled manner such that changes to the liquid radioactive waste increase to almost 0.24 rem, which is discharges are in accordance with the processing and disposition at BFN are about 5 percent of the 10 CFR Part 20 requirements of Title 10 of the Code of expected to occur with the EPU, TVA limit for adult whole body occupational Federal Regulations Part 20 (10 CFR Part does expect a small increase in the radiation dose. This estimate does not 20), ‘‘Standards for Protection Against volume to be processed. The projected account for potential further reductions Radiation,’’ and 10 CFR Part 50, liquid effluents would be well within in dose due to As Low As Reasonably ‘‘Domestic Licensing of Production and the regulatory limits under the proposed Achievable program initiatives and Utilization Facilities,’’ Appendix I. action. Therefore, there would not be a administrative dose level controls. Although there may be a small increase significant environmental impact from Therefore, the proposed action is not in the volume of radioactive waste and the additional volume of liquid expected to impact significantly the in- spent fuel, the proposed EPU would not radioactive waste generated following plant radiation doses. result in changes in the operation or the EPU. Direct Radiation Doses Offsite design of equipment in the gaseous, liquid, or solid waste systems. Solid Radioactive Wastes Direct radiation from radionuclides The solid radioactive waste system (mainly nitrogen-16) in the reactor water Gaseous Radioactive Waste and Offsite collects, processes, packages, and and the turbine building would increase Doses temporarily stores radioactive dry and linearly with the EPU. Such increase in During normal operation, the gaseous wet solid wastes prior to shipment radiation would be monitored at the on- effluent treatment systems process and offsite and permanent disposal. The site environmental thermoluminescent control the release of gaseous proposed EPU would generate 15–20 dosimeter (TLD) stations at BFN. In the radioactive effluents to the percent more radioactive resin resulting past, data from BFN’s TLD stations have environment, including small quantities from the increased condensate not indicated that any measurable of noble gases, halogens, tritium, and demineralizer flow. Such an increase nitrogen-16 radiation could be detected particulate material. The gaseous waste would not exceed BFN’s capacity for offsite. Therefore, it is unlikely that the management systems include the offgas radioactive waste treatment and storage. small increase in radiation associated system and various building ventilation Modifications associated with the with the EPU would result in any systems. The proposed EPU is expected proposed action would generate a small measurable dose to the public. to result in a 15–20 percent increase in amount of dry radioactive waste, which The annual whole body dose gaseous effluents, which is still well would remain within the range of solid equivalent for liquid effluents to a within regulatory limits of Appendix I waste currently generated and would member of the public beyond the site to 10 CFR Part 50. Therefore, the not impact waste generation goals. boundary is limited to 25 mrem (0.25 increase in offsite dose due to gaseous The proposed action would increase mSv) by 40 CFR Part 190. The projected effluent release following the EPU the average batch size of fuel assemblies maximum direct radiation dose offsite at would not be significant. for refueling, but it would not affect BFN with the EPU is 0.065 mrem, which BFN’s schedule for spent fuel storage is only about 0.3 percent of the limit in Liquid Radioactive Waste and Offsite expansion. The number of dry storage 40 CFR 190. The liquid effluent dose Doses casks required with the proposed EPU limit for any organ is projected to be During normal operation, the liquid would increase by about 7 percent. 0.94 mrem/year, which is only 0.4 effluent treatment systems process and Therefore, the increase in solid percent of the 40 CFR 190 limit. control the release of liquid radioactive radioactive waste under the proposed Projected gaseous limits with the EPU effluents to the environment, such that action would not have a significant would also remain well within limits, the doses to individuals offsite are environmental impact. with each dose type reaching less than maintained within the limits of 10 CFR 0.2 percent of the limit. The licensee Part 20 and 10 CFR Part 50, Appendix In-Plant Radiation Doses would continue to perform surveys as I. The liquid radioactive waste systems The proposed EPU would result in the the EPU is implemented to ensure are designed to process the waste and production of more radioactive material continued compliance with 40 CFR 190.

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Therefore, the direct radiation dose AST methodologies meet all the 60,000 megawatt (thermal) days per offsite at BFN with the EPU would not applicable acceptance criteria of 10 CFR metric ton of uranium-235 (MWd/MTU). be significant and is not expected to 50.67 and Regulatory Guide 1.183. The Resulting from an interagency affect human health. NRC staff is reviewing the licensee’s agreement in 2001 between TVA and analyses and performing confirmatory Postulated Accident Doses the Department of Energy, 33 metric calculations to verify the acceptability tons of highly enriched uranium will be As a result of implementation of the of the licensee’s calculated doses under obtained and blended down to allow proposed EPU, there is an increase in accident conditions. The results of the use of the low enriched uranium as the source term used in the evaluation NRC staff’s calculations will be nuclear reactor fuel for BFN. With the of some of the postulated accidents in presented in the safety evaluation to be use of blended low enriched uranium the FES. The inventory of radionuclides issued with the license amendment, and fuel, a higher percentage of uranium-236 in the reactor core is dependent upon the EPU would not be approved by NRC exists. As a neutron poison, uranium- power level; therefore, the core unless the NRC staff’s independent 236 requires greater enrichment to inventory of radionuclides could review of dose calculations under compensate for reactivity loss. The increase by as much as 20 percent. The postulated accident conditions number of fuel assemblies to be shipped concentration of radionuclides in the determines that dose is within would increase as would the associated reactor coolant may also increase by as regulatory limits. Therefore, the NRC handling doses. However, the burn-up much as 20 percent; however, this staff concludes that the EPU would not limit and the uranium enrichment limit concentration is limited by the BFN significantly increase the consequences would stay within the 5 percent and the Technical Specifications. Therefore, the of accidents and would not result in a 60,000 MWd/MTU limits. Therefore, the reactor coolant concentration of significant increase in the radiological environmental impacts of the EPU radionuclides would not be expected to environmental impact of BFN from would remain bounded by the impacts increase significantly. This coolant postulated accidents. in Tables S–3 and S–4 and would not concentration is part of the source term be significant. considered in some of the postulated Fuel Cycle and Transportation Impacts accident analyses. Some of the The environmental impacts of the fuel Summary radioactive waste streams and storage cycle and transportation of fuels and systems evaluated for postulated wastes are described in Tables S–3 and The proposed EPU would not accidents may contain slightly higher S–4 of 10 CFR 51.51 and 10 CFR 51.52, significantly increase the consequences quantities of radionuclides. respectively. An additional NRC generic of accidents, would not result in a In 2002, TVA requested a license EA (53 FR 30355, dated August 11, significant increase in occupational or amendment to allow the use of 1988, as corrected by 53 FR 32322, public radiation exposure, and would Alternate Source Term (AST) dated August 24, 1988) evaluated the not result in significant additional fuel methodology for design basis accident applicability of Tables S–3 and S–4 to cycle environmental impacts. analyses for BFN Units 1, 2, and 3. TVA higher burn-up cycle and concluded Accordingly, the Commission concludes conducted full-scope AST analyses, that there is no significant change in that there would be no significant which considered the core isotopic environmental impact from the radiological environmental impacts values for the current and future vendor parameters evaluated in Tables S–3 and associated with the proposed action. products under EPU conditions. TVA S–4 for fuel cycles with uranium Table 2 summarizes the radiological concluded that the calculated post- enrichments up to 5 weight percent environmental impacts of the proposed accident offsite doses for the EPU using uranium-235 and burn-ups less than EPU at BFN.

TABLE 2.—SUMMARY OF RADIOLOGICAL ENVIRONMENTAL IMPACTS

Gaseous Effluents and Slight increase (by about 15–20 percent) in dose due to gaseous effluents; doses to individuals offsite would re- Doses. main within NRC limits. Liquid Effluents and Doses .. Volume of liquid effluent generated and amount of radioactivity in the effluent are expected to increase slightly; discharges of liquid effluents would remain within NRC limits; however, no routine discharge of liquid effluent is expected. Solid Radioactive Waste ...... Volume of solid waste expected to increase slightly due to more frequent change of demineralizer resins; in- crease in amount of spent fuel assemblies. In-plant Dose ...... Occupational dose could increase by 20 percent overall; occupational doses would remain well within NRC limits. Direct Radiation Dose ...... Up to 20 percent increase in production of nitrogen-16; however, dose rate at site boundary due to skyshine is not expected to increase significantly and would remain within NRC and EPA limits. Postulated Accidents ...... Licensee using AST; doses would remain within NRC limits. Fuel Cycle and Transpor- Impacts in Tables S–3 and S–4 in 10 CFR 51, ‘‘ENVIRONMENTAL PROTECTION REGULATIONS FOR DO- tation. MESTIC LICENSING AND RELATED REGULATORY FUNCTION’’ are bounding.

Alternatives to Proposed Action: other means of providing electric alternatives, such as purchased generation capacity to offset future electrical power, wind power, and As an alternative to the proposed demand. Fossil fuel plants routinely hydropower, were considered during action, the NRC staff considered denial emit atmospheric pollutants, causing the NRC’s review for the BFN license of the proposed EPU (i.e., the ‘‘no- impacts in air quality that are larger renewal. The proposed EPU, like license action’’ alternative). Denial of the than if BFN were to provide the same renewal, would incur fewer application would result in no change amount of electric generation. environmental costs than the in the current environmental impacts. However, if the EPU were not approved, Construction and operation of a fossil alternatives considered. While the EPU other agencies and electric power fuel plant also create impacts in land would produce additional spent fuel, organizations may be required to pursue use and waste management. Other the additional amount of spent fuel

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would be stored in a new dry cask 6D59, Washington, DC 20555–0001. Sacramento Municipal Utility District storage facility, which would be Written comments may also be (SMUD) decided to permanently shut constructed even if the EPU were not delivered to 11545 Rockville Pike, Room down the Rancho Seco Nuclear approved. Therefore, the proposed EPU T–6D59, Rockville, Maryland, 20852 Generating Station. Accordingly, on would not have significant from 7:30 a.m. to 4:15 p.m. on Federal August 29, 1989, SMUD notified the environmental impacts. workdays. Copies of written comments NRC of its intent to seek amendments to the Rancho Seco operating license to Alternative Use of Resources received will be electronically available at the NRC’s Public Electronic Reading decommission the facility. On March This action does not involve the use Room link, http://www.nrc.gov/reading- 20, 1995, the NRC issued Rancho Seco’s of any resources not previously rm/adams.html, on the NRC Web site or Decommissioning Order. The Order considered in the SEIS (NRC 2005). at the NRC’s Public Document Room authorized SMUD to decommission Agencies and Persons Consulted located at One White Flint North, 11555 Rancho Seco in accordance with the Rockville Pike (first floor), Rockville, Decommissioning Plan, submitted to the In accordance with its stated policy, Maryland. Persons who do not have NRC on May 20, 1991. On March 20, on August 7, 2006, the NRC staff access to ADAMS or who encounter 1997, SMUD submitted its Post consulted with the Alabama State problems in accessing the documents Shutdown Decommissioning Activities official, Mr. Kirk Whatley, of the Office located in ADAMS should contact the Report (PSDAR), in accordance with 10 of Radiation Control, regarding the NRC PDR Reference staff at 1–800–397– CFR 50.82. The PSDAR superseded the environmental impacts of the proposed 4209, or 301–415–4737, or by e-mail to original Decommissioning Plan. On action. The State official had no [email protected]. August 21, 2002, Rancho Seco comments. SUPPLEMENTARY INFORMATION: The NRC completed placing all 493 spent fuel Finding of No Significant Impact is considering issuance of amendments assemblies in dry storage at the onsite Independent Spent Fuel Storage On the basis of the EA, the to Facility Operating License Nos. DPR– Installation (ISFSI), licensed under 10 Commission concludes that the 33, DPR–52, and DPR–68 issued to TVA CFR Part 72. proposed action would not have a for operation of BFN Units 1, 2, and 3 located in Limestone County, Alabama. In accordance with 10 CFR significant effect on the quality of the 50.82(a)(9), all power reactor licensees FOR FURTHER INFORMATION CONTACT: human environment. Accordingly, the Ms. must submit an application for Commission has determined not to Margaret Chernoff, Office of Nuclear termination of their license. The prepare an Environmental Impact Reactor Regulation, Mail Stop O–8G9A, application for termination of license Statement for the proposed action. U.S. Nuclear Regulatory Commission, must be accompanied or preceded by an For further details with respect to the Washington, DC 20555–0001, by LTP to be submitted for NRC approval. proposed action, see the licensee’s telephone at 301–415–2315, or by e-mail If found acceptable by the NRC staff, the applications dated June 25 and June 28, at [email protected]. LTP is approved by license amendment, 2004, as supplemented by letters dated Dated at Rockville, Maryland, this 30th day subject to such conditions and August 23, 2004, February 23, April 25, of October 2006. limitations as the NRC staff deems June 6, and December 19, 2005, For the Nuclear Regulatory Commission. appropriate and necessary. SMUD February 1 and 28, March 7, 9, 23, and submitted the proposed LTP for Rancho 31, April 13, May 5 and 11, June 12, 15, L. Raghavan, Seco with a license amendment 23 and 27, and July 21, 2006. Chief, Plant Licensing Branch II–2, Division application dated April 12, 2006. In Documents may be examined, and/or of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. accordance with 10 CFR 20.1405 and 10 copied for a fee, at the NRC’s Public CFR 50.82(a)(9)(iii), the NRC is Document Room (PDR), located at One [FR Doc. E6–18623 Filed 11–3–06; 8:45 am] providing notice to individuals in the White Flint North, 11555 Rockville Pike BILLING CODE 7590–01–P vicinity of the site that the NRC is in (first floor), Rockville, Maryland. receipt of the Rancho Seco LTP, will Publicly available records will be NUCLEAR REGULATORY hold a public meeting, and will accept accessible electronically from the COMMISSION comments from affected parties. Agencywide Documents Access and The Rancho Seco LTP is available for Management System (ADAMS) Public [Docket No. 50–312] public viewing at the NRC’s Public Electronic Reading Room on the NRC Document Room (PDR) or electronically Web site, http://www.nrc.gov/reading- Sacramento Municipal Utility District, Rancho Seco Nuclear Generating through the NRC Agencywide rm/adams.html. Persons who do not Documents Access and Management have access to ADAMS or who Station; Notice of Public Meeting on the License Termination Plan System (ADAMS) at accession number encounter problems in accessing the ML061460053. Documents may be documents located in ADAMS should The Nuclear Regulatory Commission examined, and/or copied for a fee, at the contact the NRC PDR Reference staff at (NRC) is providing notice that the NRC PDR, located at One White Flint North, 1–800–397–4209, or 301–415–4737, or staff will conduct a meeting to discuss 11555 Rockville Pike (first floor), send an e-mail to [email protected]. and accept public comments on the Rockville, Maryland. Publicly available DATES: The comment period expires Rancho Seco Nuclear Generating Station records will be accessible electronically December 6, 2006. Comments received (Rancho Seco) License Termination Plan from the ADAMS Public Library after this date will be considered if it is (LTP) on Tuesday, November 14, 2006, component on the NRC Web site, http:// practical to do so, but the Commission at 7 p.m. in a meeting room at the www.nrc.gov (the Public Electronic is only able to assure consideration of Marriott Courtyard Hotel, 10683 White Reading Room). Persons who do not comments received on or before Rock Road, Rancho Cordova, California. have access to ADAMS or who December 6, 2006. Rancho Seco initially went critical on encounter problems in accessing the ADDRESSES: Submit written comments September 16, 1974, and began documents located in ADAMS should to Chief, Rules and Directives Branch, commercial operation on April 18, 1975. contact the NRC PDR Reference staff by Office of Administration, U.S. Nuclear In accordance with the results of a telephone at 1–800–397–4209, or 301– Regulatory Commission, Mail Stop T– public referendum on June 6, 1989, the 415–4737, or by e-mail at [email protected].

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Comments or questions regarding the participate in these public meetings, or Bruce S. Mallett, Regional Administrator, Rancho Seco LTP or the public meeting need this meeting notice or the Region IV. may be addressed to Mr. John B. transcript or other information from the Luis A. Reyes, Executive Director for Hickman, Mail Stop T–7–E18, public meetings in another format (e.g. Operations. Jacqueline E. Silber, Deputy Executive Decommissioning and Uranium braille, large print), please notify the Director for Information Services and Recovery Licensing Directorate, NRC’s Disability Program Coordinator, Administration and Chief Information Division of Waste Management and Deborah Chan, at 301–415–7041, TDD: Officer. Environmental Protection, Office of 301–415–2100, or by e-mail at Jack R. Strosnider, Director, Office of Federal and State Materials and [email protected]. Determinations on Nuclear Material Safety and Safeguards. Environmental Management Programs, requests for reasonable accommodation Annette L. Vietti-Cook, Secretary of the U.S. Nuclear Regulatory Commission, will be made on a case-by-case basis. Commission. Washington, DC 20555–0001, telephone * * * * * Martin J. Virgilio, Deputy Executive (301) 415–3017 or via e-mail Director for Materials, Research, State and This notice is distributed by mail to Compliance Programs. [email protected]. several hundred subscribers; if you no James T. Wiggins, Deputy Director, Office Dated at Rockville, Maryland, this 31st day longer wish to receive it, or would like of Nuclear Regulatory Research. of October 2006. to be added to the distribution, please contact the Office of the Secretary, The following individuals will serve For the Nuclear Regulatory Commission, as members of the NRC PRB Panel that James Shepherd, Washington, DC 20555 (301–415–1969). In addition, distribution of this meeting was established to review appraisals Acting Branch Chief, Reactor and make recommendations to the Decommissioning Branch, Decommissioning notice over the Internet system is available. If you are interested in appointing and awarding authorities for and Uranium Recovery, Licensing Directorate, NRC PRB members: Division of Waste Management and receiving this Commission meeting Environmental Protection, Office of Federal schedule electronically, please send an Stephen G. Burns, Deputy General and State Materials and Environmental electronic message to [email protected]. Counsel, Office of the General Counsel. Management Programs. Brian W. Sheron, Director, Office of Dated: November 1, 2006. [FR Doc. E6–18624 Filed 11–3–06; 8:45 am] Nuclear Regulatory Research. R. Michelle Schroll, Roy P. Zimmerman, Director, Office of BILLING CODE 7590–01–P Office of the Secretary. Nuclear Security and Incident Response. [FR Doc. 06–9096 Filed 11–2–06; 8:45 am] All appointments are made pursuant BILLING CODE 7590–01–M NUCLEAR REGULATORY to Section 4314 of Chapter 43 of Title COMMISSION 5 of the United States Code. Sunshine Act Meetings NUCLEAR REGULATORY DATES: Effective Date: November 6, COMMISSION 2006. DATE : Week of November 6, 2006. FOR FURTHER INFORMATION CONTACT: PLACE: Commissioners’ Conference Appointments to Performance Review Boards for Senior Executive Service Secretary, Executive Resources Board, Room, 11555 Rockville Pike, Rockville, U.S. Nuclear Regulatory Commission, Maryland. AGENCY: Nuclear Regulatory Washington, DC 20555; (301) 415–7530. STATUS: Public and closed. Commission. Dated at Rockville, Maryland, this 14th day ADDITIONAL MATTERS TO BE CONSIDERED: ACTION: Appointment to Performance of August, 2006. Week of November 6, 2006: Thursday, Review Boards for Senior Executive For the Nuclear Regulatory Commission. November 9, 2006, 9:25 a.m. Service. Carolyn J. Swanson, Affirmation Session (Public Meeting) Secretary, Executive Resources Board. (Tentative) a. Pacific Gas & Electric Co. SUMMARY: The U.S. Nuclear Regulatory (Diablo Canyon ISFSI), Docket No. 72– Commission (NRC) has announced the [FR Doc. E6–18630 Filed 11–3–06; 8:45 am] 26–ISFSI, ‘‘Motion by San luis Obispo following appointments to the NRC BILLING CODE 7590–01–P Mothers for Peace, Sierra Club, and Peg Performance Review Boards. Pinard for Partial Reconsideration of The following individuals are CLI–06–23’’ (Tentative) b. System appointed as members of the NRC SECURITIES AND EXCHANGE Energy Resources, Inc. (Early Site Performance Review Board (PRB) COMMISSION Permit for Grand Gulf ESP) (Tentative). responsible for making recommendations to the appointing and [Release No. 34–54678] * * * * * awarding authorities on performance * The schedule for Commission Order Exempting Certain Sub-Penny appraisal ratings and performance meetings is subject to change on short Trade-Throughs From Rule 611 of awards for Senior Executives and Senior notice. To verify the status of meetings Regulation NMS Under the Securities Level employees: call (recording)—(301) 415–1292. Exchange Act of 1934 Contact person for more information: Bruce A. Boger, Associate Director for October 31, 2006. Michelle Schroll, (301) 415–1662. Operating Reactor Oversight and Licensing, Office of Nuclear Reactor Regulation. I. Introduction * * * * * R. William Borchardt, Deputy Director, The NRC Commission Meeting Office of Nuclear Security and Incident Pursuant to Rule 611(d) 1 of Schedule can be found on the Internet Response. Regulation NMS 2 under the Securities at: http://www.nrc.gov/what-we-do/ Samuel J. Collins, Regional Administrator, Exchange Act of 1934 (‘‘Exchange Act’’), policy-making/schedule.html. Region I. the Securities and Exchange Karen D. Cyr, General Counsel. * * * * * Jesse L. Funches, Chief Financial Officer. Commission (‘‘Commission’’), by order, The NRC provides reasonable William F. Kane, Deputy Executive may exempt from the provisions of Rule accommodation to individuals with Director for Reactor and Preparedness disabilities where appropriate. If you Programs, Office of the Executive Director for 1 17 CFR 242.611(d). need a reasonable accommodation to Operations. 2 17 CFR 242.600 et seq.

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611 of Regulation NMS (‘‘Rule 611’’ or III. Discussion protecting such a quotation would ‘‘Rule’’), either unconditionally or on The Commission has decided to justify the practical difficulties faced by specified terms and conditions, any exempt trading centers from the trading centers in operating their trading person, security, transaction, quotation, requirement in Rule 611(a) to establish, systems efficiently. or order, or any class or classes of maintain, and enforce written policies For the foregoing reasons, the persons, securities, quotations, or and procedures that are reasonably Commission finds that granting an orders, if the Commission determines designed to prevent trade-throughs exemption for Sub-Penny Trade- that such exemption is necessary or when: (1) The price of the protected Throughs is necessary and appropriate appropriate in the public interest, and is quotation that is traded through is $1.00 in the public interest, and is consistent consistent with the protection of or less; and (2) the price of the trade- with the protection of investors. investors.3 As discussed below, the through transaction is less than $0.01 IV. Conclusion Commission is exempting from Rule 611 away from the price of the protected trading centers executing transactions quotation that was traded through It is hereby ordered, pursuant to Rule that trade through a low-priced (‘‘Sub-Penny Trade-Throughs’’). 611(d) of Regulation NMS, that trading protected quotation by less than $0.01 The Commission believes that centers shall be exempt from the per share. The exemption is designed to granting an exemption for Sub-Penny requirement in Rule 611(a) to establish, promote more workable and efficient Trade-Throughs will promote a more maintain, and enforce written policies intermarket price priority in NMS stocks workable and efficient trade-through and procedures that are reasonably with quoted prices of $1.00 or less per rule in NMS stocks that can be priced designed to prevent trade-throughs share that can be quoted in increments in very small increments of less than when: (1) The price of the protected as small as $0.0001. $0.01. The Regulation NMS Adopting quotation that is traded through is $1.00 II. Background Release notes that implementation of or less; and (2) the price of the trade- the Rule 611 trade-through provisions is through transaction is less than $0.01 The Commission adopted Regulation likely to present the greatest challenge away from the price of the protected 4 NMS in June 2005. Rule 611(a)(1) for agency markets trading active stocks quotation that was traded through. requires a trading center to establish, that handle a large volume of buy and maintain, and enforce written policies sell orders.7 These trading centers must For the Commission, by the Division of Market Regulation, pursuant to delegated and procedures that are reasonably assure that such orders interact in an authority.9 designed to prevent trade-throughs on orderly and efficient manner in Nancy M. Morris, that trading center of protected compliance with all applicable priority quotations in NMS stocks that do not rules. The Rule 611(a) requirement of Secretary. fall within an exception set forth in the written policies and procedures is [FR Doc. E6–18635 Filed 11–3–06; 8:45 am] Rule. Rule 611(b)(6) provides an designed to achieve the objective of BILLING CODE 8011–01–P exception for a trade-through eliminating all trade-throughs that transaction effected by a trading center reasonably can be prevented, while also that simultaneously routes an acknowledging the inherent difficulties SECURITIES AND EXCHANGE intermarket sweep order (‘‘ISO’’) to of eliminating trade-through COMMISSION execute against the full displayed size of transactions in active stocks with any protected quotation in the NMS that quotations that change rapidly.8 [Release No. 34–54675; File No. SR–NYSE– was traded through. Consistent with this approach, the 2006–96] Rule 612(a) of Regulation NMS Commission is adopting an exemption Self-Regulatory Organizations; New prohibits, among other things, the for Sub-Penny Trade-Throughs, York Stock Exchange LLC; Notice of display of quotations priced in an particularly to allow active agency Filing and Immediate Effectiveness of increment smaller than $0.01 if the trading centers that continuously Proposed Rule Change Relating to a quotation is priced equal to or greater display quotations and execute orders Request to Extend the Pilot Operating than $1.00 per share.5 Under Rule against such quotations to operate their During the Exchange’s Implementation 612(b), however, it is permissible to trading systems efficiently in stocks that of NYSE Hybrid Market Phase 3 Until display quotations in increments as can be quoted in increments of as small November 30, 2006 small as $0.0001 if the quotation is as $0.0001. Given these small quoting increments for protected quotations priced less than $1.00 per share. As a October 31, 2006. priced at less than $1.00 per share, the result, quotations priced in increments Pursuant to Section 19(b)(1) of the as small as $0.0001 could qualify as Commission does not believe it is appropriate to require trading centers to Securities Exchange Act of 1934 ‘‘protected quotations’’ under Rule (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 600(b)(58).6 prevent trade-throughs of less than $0.01. In the absence of an exemption, notice is hereby given that on October 26, 2006, the New York Stock Exchange 3 See also 15 U.S.C. 78mm(a)(1) (providing trading centers generally would be general authority for Commission to grant required to prevent the execution of LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with exemptions from provisions of Exchange Act and incoming orders against their own the Securities and Exchange rules thereunder). displayed quotations with prices that Commission (‘‘Commission’’) the 4 See Securities Exchange Act Release No. 51808 proposed rule change as described in (June 9, 2005), 70 FR 37496 (June 29, 2005) could be only $0.0001 away from a (‘‘Regulation NMS Adopting Release’’). protected quotation displayed by Items I and II below, which Items have 5 17 CFR 242.612(a). another trading center. The Commission been prepared by the Exchange. NYSE 6 17 CFR 242.600(b)(58). A ‘‘protected quotation’’ does not believe that the very small filed the proposed rule change pursuant is defined as a protected bid or protected offer. economic benefit to be gained by to Section 19(b)(3)(A) of the Act 3 and Under Rule 600(b)(57), a ‘‘protected bid’’ or ‘‘protected offer’’ means a quotation in an NMS 9 stock that: (i) is displayed by an automated trading of a national securities exchange or a national 7 CFR 200.30–3(a)(82). center; (ii) is disseminated pursuant to an effective securities association. 1 15 U.S.C. 78s(b)(1). national market system plan; and (iii) is an 7 70 FR at 37524. 2 17 CFR 240.19b–4. automated quotation that is the best bid or best offer 8 70 FR at 37534. 3 15 U.S.C. 78s(b)(3)(A).

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Rule 19b–4(f)(6) thereunder,4 which commenced on October 6, 2006 8 and is problems and the benefits as described renders the proposal effective upon scheduled to terminate on the close of above are proving invaluable. Therefore, filing with the Commission. The business October 31, 2006. the Exchange believes it is appropriate Commission is publishing this notice to The Exchange proposes to extend the to extend the Pilot through November solicit comments on the proposed rule Pilot through November 30, 2006 or the 30, 2006 or the earlier of Commission change from interested persons. earlier of Commission approval of the approval of the pending filings as Omnibus Filing, Stabilization Filing and described above. I. Self-Regulatory Organization’s the Block Cross Filing while the 2. Statutory Basis Statement of the Terms of Substance of Commission continues to review the the Proposed Rule Change aforementioned pending filings. The The Exchange believes that the NYSE proposes to extend the pilot approval of any one of the pending proposed rule change is consistent with (‘‘Pilot’’) 5 which put into operation filings terminates the operation of the Section 6(b) of the Act 11 in general, and certain rule changes pending before the rules associated with the approved furthers the objectives of Section 6(b)(5) Commission to coincide with the filing from the Pilot. The Pilot shall not of the Act 12 in particular, in that it is Exchange’s implementation of NYSE terminate in its entirety unless and until designed to promote just and equitable HYBRID MARKETSM (‘‘Hybrid all pending filings are approved or principles of trade, to remove Market’’) 6 Phase 3. November 30, 2006. impediments to and perfect the An extension of the Pilot will allow mechanism of a free and open market II. Self-Regulatory Organization’s the Exchange to continue to operate the and a national market system, and, in Statement of the Purpose of, and Hybrid Market Phase 3 and commence general, to protect investors and the Statutory Basis for, the Proposed Rule implementation of Hybrid Market Phase public interest. The Exchange believes Change 4 in a timely manner. The Exchange that the proposed rule change is also In its filing with the Commission, the believes that an extension of the Pilot designed to support the principles of Exchange included statements will also enable the Exchange to be fully Section 11A(a)(1) of the Act 13 in that it concerning the purpose of and basis for Regulation NMS 9-compliant by seeks to assure economically efficient the proposed rule change and discussed February 5, 2007 date and comply with execution of securities transactions. any comments it received on the its obligations under the proposed NMS B. Self-Regulatory Organization’s proposed rule change. The text of these Linkage Plan.10 Statement on Burden on Competition statements may be examined at the The Exchange further believes that places specified in Item IV below. The extending the Pilot will allow it to The Exchange does not believe that Exchange has prepared summaries, set continue identifying and addressing any the proposed rule change will impose forth in Sections A, B, and C below, of system problems. The Exchange will any burden on competition that is not necessary or appropriate in furtherance the most significant aspects of such continue to identify and incorporate of the purposes of the Act. statements. beneficial system changes that become apparent as a result of usage in real time C. Self-Regulatory Organization’s A. Self-Regulatory Organization’s and under real market conditions. Statement on Comments on the Statement of the Purpose of, and An extension of the Pilot will further Proposed Rule Change Received From Statutory Basis for, the Proposed Rule the Exchange’s ability to have real time Members, Participants or Others Change user interface which is proving very The Exchange has neither solicited 1. Purpose useful to the Exchange. Moreover, by nor received written comments on the extending the Pilot, current users will On October 5, 2006, the Commission proposed rule change. continue gaining the essential practical approved the Pilot to, among other experience with the new systems and III. Date of Effectiveness of the things, put into operation certain processes in a well-modulated way, in Proposed Rule Change and Timing for proposed modifications to Exchange real time and under real market Commission Action Rules that are currently pending 7 before conditions that cannot be completely the Commission to coincide with the Because the foregoing proposed rule replicated in the mock-trading Exchange’s implementation of the change does not significantly affect the environment. Hybrid Market Phase 3. The Pilot protection of investors or the public The Exchange is currently in the interest; does not impose any significant process of phasing in the securities burden on competition; and by its 4 17 CFR 240.19b–4(f)(6). operating under the Pilot. As expected, 5 See Securities Exchange Act Release Nos. 54578 terms, does not become operative for 30 (October 5, 2006), 71 FR 60216 (October 12, 2006) the Pilot is operating with minimal days from the date on which it was and 54610 (October 16, 2006), 71 FR 62142 (October filed, or such shorter time as the 23, 2006). 8 The changes related to stop orders and stop Commission may designate if consistent 6 The Hybrid Market was approved on March 22, limit orders proposed in the Omnibus Filing were with the protection of investors and the 2006. See Securities Exchange Act Release No. implemented on October 16, 2006 in order to give 53539 (March 22, 2006), 71 FR 16353 (March 31, customers and member organizations sufficient public interest, it has become effective 2006). time to make any changes necessary as a result of pursuant to Section 19(b)(3)(A) of the 7 See, Securities Exchange Act Release Nos. 54520 the elimination of stop limit orders. Act 14 and Rule 19b–4(f)(6) (September 27, 2006), 71 FR 57590 (September 29, 9 See Securities Exchange Act Release No. 51808 thereunder.15 2006) (proposing to amend several Exchange Rules (June 9, 2005), 70 FR 37496 (June 29, 2005). A proposed rule change filed under to clarify certain definitions and systemic processes 10 A ‘‘Plan for the Purpose of Creating and (‘‘Omnibus Filing’’)); 54504 (September 26, 2006), Operating an Intermarket Communications Linkage Rule 19b–4(f)(6) normally may not 71 FR 57011 (September 28, 2006) (proposing to Pursuant to Section 11A(a)(3)(B) of the Securities become operative prior to 30 days after amend the specialist stabilization requirements set Exchange Act of 1934’’ to facilitate trades between the date of filing. However, Rule 19b– forth in Exchange Rule 104.10 (‘‘Stabilization different market centers. See Securities Exchange Filing’’)); and SR–NYSE–2006–73 (filed on Act Release No. 54551 (September 29, 2006), 71 FR 11 15 U.S.C. 78f. September 13, 2006) and Amendment No. 1 thereto 59148 (October 6, 2006). The Commission 12 (filed on October 13, 2006) (proposing to amend published notice of the NMS Linkage Plan on July 15 U.S.C. 78f(b)(5). Exchange Rule 127 which governs the execution of 28, 2006. See Securities Exchange Act Release No. 13 15 U.S.C. 78k–1(a)(1). a block cross transaction at a price outside the 54239 (July 28, 2006), 71 FR 44328 (August 4, 14 15 U.S.C. 78s(b)(3)(A). prevailing NYSE quotation (‘‘Block Cross Filing’’)). 2006). 15 17 CFR 240.19b–4(f)(6).

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4(f)(6)(iii) 16 permits the Commission to rules/sro.shtml). Copies of the thereunder,2 a proposed rule change to designate a shorter time if such action submission, all subsequent amend Rule 5.4(b) of NYSE Arca is consistent with the protection of amendments, all written statements Equities, Inc. (‘‘NYSE Arca Equities’’), a investors and the public interest. The with respect to the proposed rule wholly-owned subsidiary of the Exchange has requested that the change that are filed with the Exchange. The Exchange amended the Commission waive the five-day pre- Commission, and all written proposal on August 17, 2006. The filing notice requirement and the 30-day communications relating to the proposed rule change, as amended, was operative delay and designate the proposed rule change between the published for comment in the Federal proposed rule change immediately Commission and any person, other than Register on August 29, 2006.3 The operative upon filing. The Commission those that may be withheld from the Commission received no comments on believes that waiver of the five-day pre- public in accordance with the the proposal. On October 17, 2006, the filing notice requirement and the 30-day provisions of 5 U.S.C. 552, will be Exchange filed Amendment No. 2 to the operative delay is consistent with the available for inspection and copying in proposal.4 In Amendment No. 2, the protection of investors and the public the Commission’s Public Reference Exchange amended the proposed rule interest because it would allow the Pilot Room. Copies of such filing also will be text to reflect The Nasdaq Stock to continue without interruption. available for inspection and copying at Market’s change in status as a national Accordingly, the Commission the principal office of the Exchange. All securities exchange,5 and to add that designates the proposal to be effective comments received will be posted only an authorized executive officer and operative upon filing with the without change; the Commission does may submit a delisting notice to the Commission on a pilot basis until not edit personal identifying Exchange in the case of dually-listed November 30, 2006.17 information from submissions. You issuers (as defined below). This order At any time within 60 days of the should submit only information that approves the proposed rule change, as filing of the proposed rule change, the you wish to make available publicly. All amended by Amendment Nos. 1 and 2. Commission may summarily abrogate submissions should refer to File The Commission has accelerated such rule change if it appears to the Number SR–NYSE–2006–96 and should approval of Amendment No. 2 and is Commission that such action is be submitted on or before November 27, also providing notice and soliciting necessary or appropriate in the public 2006. comments on Amendment No. 2 to the interest, for the protection of investors, proposed rule change. or otherwise in furtherance of the For the Commission, by the Division of Market Regulation, pursuant to delegated II. Description of the Proposal purposes of the Act. 18 authority. The Exchange proposes to amend IV. Solicitation of Comments Nancy M. Morris, NYSE Arca Equities Rule 5.4(b) to Interested persons are invited to Secretary. modify the voluntary withdrawal submit written data, views and [FR Doc. E6–18634 Filed 11–3–06; 8:45 am] procedures of securities from listing on arguments concerning the foregoing, BILLING CODE 8011–01–P NYSE Arca, L.L.C. (‘‘NYSE Arca including whether the proposed rule Marketplace’’), the equities trading change is consistent with the Act. facility of NYSE Arca Equities. For an Comments may be submitted by any of SECURITIES AND EXCHANGE issuer who wishes to voluntarily the following methods: COMMISSION withdraw securities listed on NYSE Arca Marketplace, the Exchange Electronic Comments [Release No. 34–54672; File No. SR– proposes to eliminate the requirement • NYSEArca–2006–47] Use the Commission’s Internet that such issuer submit a letter from an comment form (http://www.sec.gov/ Self-Regulatory Organizations; NYSE authorized officer of the issuer, rules/sro.shtml); or • Arca, Inc.; Order Approving Proposed providing the specific reasons cited by Send an e-mail to rule- its board of directors for the proposed [email protected]. Please include File Rule Change and Amendment No. 1 Thereto and Notice of Filing and Order withdrawal.6 Further, the Exchange Number SR–NYSE–2006–96 on the proposes to eliminate the requirement subject line. Granting Accelerated Approval to Amendment No. 2 to Modify the that such issuer, under special Paper Comments Voluntary Withdrawal Procedures of 2 • Send paper comments in triplicate Securities From Listing on the 17 CFR 240.19b–4. Exchange and, for Dually-Listed 3 See Securities Exchange Act Release No. 54348 to Nancy M. Morris, Secretary, (August 22, 2006), 71 FR 51264. Securities and Exchange Commission, Issuers Voluntarily Withdrawing Listed 4 See Partial Amendment dated October 17, 2006 100 F Street, NE., Washington, DC Securities on the Exchange, To (‘‘ Amendment No. 2’’). 20549–1090. Eliminate the Requirement To Submit 5 See Securities Exchange Act Release Nos. 53128 All submissions should refer to File Resolutions by Their Board of (January 13, 2006), 71 FR 3550 (January 23, 2006); Directors 54240 (July 31, 2006), 71 FR 45246 (August 8, Number SR–NYSE–2006–96. This file 2006); and 54241 (July 31, 2006), 71 FR 45359 number should be included on the October 30, 2006. (August 8, 2006). subject line if e-mail is used. To help the 6 Although the provision requiring submission of Commission process and review your I. Introduction a letter stating the board of director’s specific reasons for delisting would be eliminated from comments more efficiently, please use On August 4, 2006, NYSE Arca, Inc. NYSE Arca Equities rules, Rule 12d2–2(c)(2)(ii) only one method. The Commission will (‘‘Exchange’’) filed with the Securities under the Act has a similar provision that requires post all comments on the Commission’s and Exchange Commission issuers to ‘‘provide written notice to the national Internet Web site (http://www.sec.gov/ securities exchange of its determination to (‘‘Commission’’), pursuant to Section withdraw the class of securities from listing and/ 19(b)(1) of the Securities Exchange Act or registration on such exchange. Such written 16 17 CFR 240.19b–4(f)(6)(iii). of 1934 (‘‘Act’’) 1 and Rule 19b–4 notice must set forth a description of the security 17 For purposes only of waiving the 30-day involved, together with a statement of all material operative delay, the Commission has considered the facts relating to the reasons for withdrawal from proposed rule’s impact on efficiency, competition, 18 17 CFR 200.30–3(a)(12). listing and/or registration.’’ 17 CFR 240.12d2– and capital formation. 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). 2(c)(2)(ii).

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circumstances, submit the proposed facilitating transactions in securities, Rule 12d2–2 under the Act,15 which withdrawal to its shareholders for their and to remove impediments to and specifically requires, among other vote at a meeting for which proxies are perfect the mechanism of a free and things, that issuers comply with all solicited, provided the security is not open market and a national market applicable laws in effect in the state in also listed on another exchange with system, and, in general, to protect which they are incorporated. similar requirements. investors and the public interest. In place of these requirements, the The Commission believes the The elimination of the board Exchange proposes that an issuer may Exchange’s proposal to modify certification requirement may ease the voluntary delist a security from the voluntary withdrawal procedures is burden on dually-listed issuers who Exchange after the issuer’s board consistent with the requirements of the wish to voluntarily withdraw securities approves the action and the issuer (i) Act and does not raise any significant from listing on the Exchange. Moreover, furnishes the Exchange with a copy of regulatory issues. The Exchange the security of a dually-listed issuer the Board resolution authorizing such proposes to amend the voluntary would continue to be listed and traded delisting certified by the secretary of the delisting process by requiring that an on a registered national securities issuer and (ii) complies with all of the issuer may voluntary delist a security exchange. As noted by the Exchange, requirements of Rule 12d2–2(c) under from the Exchange after the issuer’s this should ensure that transparent last the Act.7 The issuer must thereafter file board approves the action and the issuer sale information will continue to be a Form 25 with the Commission to (i) furnishes the Exchange with a copy disseminated on the delisted security on withdraw the security from listing on of the Board resolution authorizing such an uninterrupted basis. It would also the Exchange and from registration delisting certified by the secretary of the ensure the other protections for trading under the Act. In addition, the issuer issuer and (ii) complies with all of the a security on a national securities must provide a copy of the Form 25 to requirements of Rule 12d2–2(c) under exchange remain, such as the periodic the Exchange simultaneously with the the Act.10 The issuer must thereafter file reporting obligations under the Act. filing of such Form 25 with the a Form 25 with the Commission to Based on the above reasons, the Commission. In addition, if an issuer withdraw the security from listing on Commission finds that the proposal is delists a class of stock from the the Exchange and from registration consistent with the requirements of the Exchange and does not delist other under the Act. In addition, the issuer Act. classes of listed securities, the Exchange must provide a copy of the Form 25 to may consider delisting one or more of the Exchange simultaneously with the IV. Accelerated Approval of such other classes. filing of such Form 25 with the Amendment No. 2 Finally, for an issuer whose securities Commission. Further, the Exchange may Pursuant to Section 19(b)(2) of the are listed on both the Exchange and consider delisting one or more other Act,16 the Commission may not approve another national securities exchange classes of securities if an issuer delists (‘‘dually-listed issuer’’), the Exchange a class of security and does not delist any proposed rule change, or proposes to eliminate the requirement other classes of listed securities. The amendment thereto, prior to the 30th that such issuer provide to the Exchange Commission notes that the proposed day after the date of publication of a certified copy of the resolutions of the voluntary withdrawal procedures are notice of the filing thereof, unless the issuer’s board of directors authorizing consistent with the requirements of Rule Commission finds good cause for so the withdrawal from listing on the 12d2–2 under the Act 11 and are doing and publishes its reasons for so Exchange. Instead, the Exchange virtually identical to the voluntary finding. proposes to require the submission of a withdrawal procedures of the New York In Amendment No. 2, the Exchange letter signed by an authorized executive Stock Exchange LLC (‘‘NYSE’’).12 proposed to amend the proposed rules officer of the issuer setting forth the Further, some of the provisions to be to reflect the change in status of the reason for the proposed withdrawal. deleted are already imposed on issuers Nasdaq Stock Market to a national III. Discussion and Commission by Rule 12d2–2 under the Act.13 securities exchange, and to add that Findings Further, the Exchange proposes to only an authorized executive officer eliminate the requirement that a dually- may submit a delisting notice to the The Commission finds that the listed issuer provide to the Exchange a proposed rule change, as amended, is Exchange in the case of dually-listed certified copy of the resolutions of the issuers. The Commission finds good consistent with the requirements of the issuer’s board of directors authorizing Act and the rules and regulations cause to accelerate approval of these the withdrawal from listing on the applicable to a national securities changes prior to the 30th day after Exchange. The proposed rule requires exchange, and in particular, with the publication in the Federal Register. The that each dually-listed issuer provide a requirements of Section 6(b) of the Act.8 revisions made to the proposal in letter signed by an authorized executive Specifically, the Commission finds that Amendment No. 2 accurately reflect the officer of the issuer setting forth the the proposed rule change, as amended, Nasdaq Stock Market’s status as a reasons for the proposed withdrawal.14 is consistent with Section 6(b)(5) of the national securities exchange, and clarify Dually-listed issuers also must still Act 9 in that it is designed to promote that only an authorized executive officer comply with all the other requirements just and equitable principles of trade, to of a dually-listed issuer may submit a of NYSE Arca Equities Rule 5.4(b) and foster cooperation and coordination delisting notice to the Exchange. The

with persons engaged in regulating, 10 Commission believes that accelerating clearing, settling, processing 17 CFR 240.12d2–2(c). 11 17 CFR 240.12d2–2. approval of Amendment No. 2 is information with respect to, and 12 See NYSE Listed Company Manual Section appropriate because these revisions do 806.02. NYSE and the Exchange are both owned by not raise any new regulatory issues and 7 17 CFR 240.12d2–2(c). the NYSE Group, Inc. as a result of a merger make the proposal more accurate and 8 15 U.S.C. 78f(b). In approving the proposed rule between the Archipelago Holdings, Inc. and the clearer. change, as amended, the Commission considered New York Stock Exchange, Inc. on March 7, 2006. the proposed rule’s impact on efficiency, 13 17 CFR 240.12d2–2(c)(2)(ii). competition, and capital formation. 15 U.S.C. 78c(f). 14 See proposed NYSE Arca Equities Rule 5.4(b); 15 See 17 CFR 240.12d2–2(c)(2). 9 15 U.S.C. 78f(b)(5). see also supra note 6. 16 15 U.S.C. 78s(b)(2).

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V. Solicitation of Comments on 2006–47), as amended, is hereby Office of the Secretary, and at the Amendment No. 2 approved, and that Amendment No. 2 Commission’s Public Reference Room. thereto is approved on an accelerated Interested persons are invited to II. Self-Regulatory Organization’s basis. submit written data, views and Statement of the Purpose of, and arguments concerning Amendment No. For the Commission, by the Division of Statutory Basis for, the Proposed Rule 2, including whether Amendment No. 2 Market Regulation, pursuant to delegated Change is consistent with the Act. Comments authority.18 In its filing with the Commission, the may be submitted by any of the Nancy M. Morris, Exchange included statements following methods: Secretary. concerning the purpose of, and basis for, Electronic Comments [FR Doc. E6–18631 Filed 11–3–06; 8:45 am] the proposed rule change and discussed BILLING CODE 8011–01–P • Use the Commission’s Internet any comments it received on the comment form (http://www.sec.gov/ proposed rule change. The text of these statements may be examined at the rules/sro.shtml); or SECURITIES AND EXCHANGE places specified in Item IV below. The • Send an e-mail to rule- COMMISSION [email protected]. Please include File Exchange has prepared summaries, set forth in Sections A, B, and C below, of Number SR–NYSEArca–2006–47 on the [Release No. 34–54673; File No. SR– subject line. the most significant aspects of such NYSEArca–2006–78] statements. Paper Comments Self-Regulatory Organizations; NYSE A. Self-Regulatory Organization’s • Send paper comments in triplicate Arca, Inc.; Notice of Filing and Statement of the Purpose of, and to Nancy M. Morris, Secretary, Immediate Effectiveness of Proposed Statutory Basis for, the Proposed Rule Securities and Exchange Commission, Rule Change Amending Market Maker Change 100 F Street, NE., Washington, DC Transaction Fees and Credits 20549–1090. 1. Purpose All submissions should refer to File October 30, 2006. The Exchange proposes to amend the Number SR–NYSEArca–2006–47. This Pursuant to Section 19(b)(1) of the section of its Fee Schedule that applies file number should be included on the Securities Exchange Act of 1934 to Market Maker fees and charges. subject line if e-mail is used. To help the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Market Maker Transaction Fees and Commission process and review your notice is hereby given that on October Credits—Round Lots. The Fee Schedule comments more efficiently, please use 23, 2006, NYSE Arca, Inc. (the currently provides that Market Makers only one method. The Commission will ‘‘Exchange’’), through its wholly-owned are entitled to a $0.001 per share credit post all comments on the Commission’s subsidiary NYSE Arca Equities, Inc. for round-lot transactions in NYSE- Internet Web site (http://www.sec.gov/ (‘‘NYSE Arca Equities’’), filed with the listed securities. This credit is rules/sro.shtml). Copies of the Securities and Exchange Commission applicable to Q orders executed against submission, all subsequent (‘‘Commission’’) the proposed rule other participants’ orders. The Exchange amendments, all written statements change as described in Items I, II, and proposes to amend the Fee Schedule to with respect to the proposed rule III below, which Items have been increase this credit to $0.002 per share change that are filed with the prepared by the Exchange. The and to clarify that it will apply to orders Commission, and all written Exchange has designated this proposal that provide liquidity to the NYSE Arca communications relating to the as one establishing or changing a due, Book (the ‘‘Book’’) in securities for proposed rule change between the fee, or other charge imposed by the which the Market Makers are registered Commission and any person, other than Exchange under 19(b)(3)(A)(ii) of the as Market Makers. The Exchange those that may be withheld from the Act 3 and Rule 19b–4(f)(2) thereunder,4 proposes this change so that the credit public in accordance with the which renders it effective upon filing given to Market Makers is consistent provisions of 5 U.S.C. 552, will be with the Commission. The Commission with the $0.002 per share credit given available for inspection and copying in is publishing this notice to solicit to all ETP Holders 6 executing round-lot the Commission’s Public Reference comments on the proposed rule change transactions in NYSE-listed securities in Room. Copies of such filing also will be from interested persons. the Book against inbound orders. The available for inspection and copying at Exchange further proposes this change I. Self-Regulatory Organization’s the principal office of the Exchange. All so that the credit given to Market Statement of the Terms of Substance of comments received will be posted Makers submitting such orders in the Proposed Rule Change without change; the Commission does NYSE-listed securities is the same as the not edit personal identifying The Exchange proposes to amend the credit given to Market Makers information from submissions. You section of its Schedule of Fees and submitting such orders in other listed should submit only information that Charges for Exchange Services (the ‘‘Fee securities and Nasdaq securities. you wish to make available publicly. All Schedule’’) that applies to Market The Fee Schedule currently provides submissions should refer to File Maker 5 fees and charges. The text of the that the $.002 per share credit that Number SR–NYSEArca–2006–47 and proposed rule change is available on the Market Makers are entitled to for round- should be submitted on or before Exchange’s Web site (http:// lot transactions in listed securities November 27, 2006. www.nysearca.com), at the Exchange’s (other than NYSE-listed securities) and Nasdaq securities applies to Q orders VI. Conclusion 18 17 CFR 200.30–3(a)(12). executed against other participants’ It is therefore ordered, pursuant to 1 15 U.S.C. 78s(b)(1). orders. The Exchange proposes to 17 Section 19(b)(2) of the Act, that the 2 17 CFR 240.19b–4. amend this language to clarify that the proposed rule change (SR–NYSEArca– 3 15 U.S.C. 78s(b)(3)(A)(ii). credit applies to orders that provide 4 17 CFR 240.19b–4(f)(2). 17 15 U.S.C. 78s(b)(2). 5 See NYSE Arca Equities Rule 1.1(u). 6 See NYSE Arca Equities Rule 1.1(n).

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liquidity to the Book in securities for equitable allocation of reasonable dues, Commission process and review your which the Market Makers are registered fees and other charges among its comments more efficiently, please use as Market Makers. The Exchange members and issuers and other persons only one method. The Commission will proposes this language so that the using its facilities. post all comments on the Commission’s application of this credit is consistent Internet Web site (http://www.sec.gov/ B. Self-Regulatory Organization’s with the application of the credit for rules/sro.shtml). Copies of the Market Makers and other ETP Holders Statement on Burden on Competition submission, all subsequent executing round-lot transactions in The Exchange believes that the amendments, all written statements NYSE-listed securities. proposed rule change does not impose with respect to the proposed rule The Fee Schedule currently does not any burden on competition that is not change that are filed with the specifically set forth a fee for Market necessary or appropriate in furtherance Commission, and all written Maker round-lot transactions in NYSE- of the purposes of the Act. communications relating to the listed securities, other listed securities proposed rule change between the C. Self-Regulatory Organization’s or Nasdaq securities that take liquidity Commission and any person, other than Statement on Comments on the from the Book. The Exchange proposes those that may be withheld from the to amend the Fee Schedule to set forth Proposed Rule Change Received From public in accordance with the a $.003 per share fee for all such orders. Members, Participants, or Others provisions of 5 U.S.C. 552, will be The Exchange proposes this change so Written comments on the proposed available for inspection and copying in that it is clear that Market Makers are rule change were neither solicited nor the Commission’s Public Reference subject to the same $.003 per share fee received. Room. Copies of such filing also will be that is charged to all ETP Holders available for inspection and copying at III. Date of Effectiveness of the executing round-lot transactions in the principal office of the Exchange. All Proposed Rule Change and Timing for NYSE-listed securities, other listed comments received will be posted Commission Action securities, and Nasdaq securities that without change; the Commission does take liquidity from the Book. The foregoing rule change has become not edit personal identifying Market Maker Transaction Fees and effective pursuant to Section information from submissions. You Credits—Odd Lots. The Fee Schedule 19(b)(3)(A)(ii) of the Act 10 and should submit only information that currently provides that Market Makers subparagraph (f)(2) of Rule 19b–4 11 you wish to make available publicly. All are entitled to a $0.02 per share credit thereunder. At any time within 60 days submissions should refer to File for transactions in Nasdaq securities of the filing of such proposed rule Number SR–NYSEArca–2006–78 and that execute against odd-lot orders in change, the Commission may summarily should be submitted on or before the Odd Lot Tracking Order Process, as abrogate such rule change if it appears November 27, 2006. defined in NYSE Arca Equities Rule to the Commission that such action is For the Commission, by the Division of 7.31(g). The Exchange proposes to necessary or appropriate in the public Market Regulation, pursuant to delegated eliminate this credit because the interest, for the protection of investors, authority.12 Exchange no longer wishes to provide or otherwise in furtherance of the Nancy M. Morris, the additional financial incentive to purposes of the Act. Secretary. Market Makers for providing liquidity in IV. Solicitation of Comments [FR Doc. E6–18632 Filed 11–3–06; 8:45 am] Nasdaq odd-lot transactions. BILLING CODE 8011–01–P Lead Market Maker Transaction Fees Interested persons are invited to and Credits—Odd Lots. The Fee submit written data, views, and Schedule currently provides that Lead arguments concerning the foregoing, SECURITIES AND EXCHANGE Market Makers 7 executing odd-lot including whether the proposed rule COMMISSION transactions in NYSE Arca Marketplace change is consistent with the Act. primary listed securities are entitled to Comments may be submitted by any of [Release No. 34–54664; File No. SR– NYSEArca–2006–72] a $0.02 per share credit for such the following methods: transactions. The Exchange proposes to Electronic Comments Self-Regulatory Organizations; NYSE amend the Fee Schedule to clarify that • Arca, Inc.; Notice of Filing and such credit applies to orders that Use the Commission’s Internet Immediate Effectiveness of Proposed provide liquidity to the Book in comment form (http://www.sec.gov/ Rule Change and Amendment No. 1 securities for which the Lead Market rules/sro.shtml); or • Thereto Relating to the Revision of Maker is registered as the Lead Market Send an e-mail to rule- Certain Equity Transaction and Market Maker. The Exchange proposes this [email protected]. Please include File Data Revenue Sharing Credits change in order to make the application Number SR–NYSEArca–2006–78 on the of this credit consistent with the subject line. October 27, 2006. Pursuant to Section 19(b)(1) of the application of the transaction credits to Paper Comments Market Makers and ETP Holders Securities Exchange Act of 1934 • generally. Send paper comments in triplicate (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 to Nancy M. Morris, Secretary, notice is hereby given that on October 2. Statutory Basis Securities and Exchange Commission, 5, 2006, NYSE Arca, Inc. (‘‘Exchange’’), The Exchange believes that the Station Place, 100 F Street, NE., through its wholly owned subsidiary proposed rule change is consistent Washington, DC 20549–1090. NYSE Arca Equities, Inc. (‘‘NYSE Arca Section 6(b) of the Act,8 in general, and All submissions should refer to File Equities’’), filed with the Securities and furthers the objectives of Section 6(b)(4) Number SR–NYSEArca–2006–78. This Exchange Commission (‘‘Commission’’) of the Act,9 in particular, in that it is an file number should be included on the the proposed rule change as described subject line if e-mail is used. To help the 7 See NYSE Arca Equities Rule 1.1(ccc). 12 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78f(b). 10 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1). 9 15 U.S.C. 78f(b)(4). 11 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4.

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in Items I, II and III below, which Items type, the Passive Liquidity Order,6 into III. Date of Effectiveness of the have been prepared by the Exchange. the Fee Schedule in the same manner as Proposed Rule Change and Timing for On October 26, 2006, the Exchange filed Tracking Orders. While changes to the Commission Action Amendment No. 1. The Exchange has Fee Schedule pursuant to this proposed The foregoing proposed rule change designated this proposed rule change as rule change are effective upon filing has become effective pursuant to section one establishing or changing a member with the Commission, the new rates will Section 19(b)(3)(A)(ii) of the Act 10 and due, fee, or other charge imposed by the become operative on October 9, 2006. subparagraph (f)(2) of Rule 19b–4 Exchange under Section 19(b)(3)(A)(ii) The Fee Schedule currently provides thereunder 11 because it establishes or 3 of the Act and Rule 19b–4(f)(2) in footnote 5 that Tracking Orders will changes a member due, fee, or other 4 thereunder, which renders the not be eligible for ETP Holder charge imposed by the self-regulatory proposed rule change effective upon transaction credits. The Exchange organization. At any time within 60 filing with the Commission. The proposes to amend footnote 5 to the Fee days of the filing of the proposed rule Commission is publishing this notice to Schedule to provide that Passive change, the Commission may summarily solicit comments on the proposed rule Liquidity Orders also will not be eligible abrogate such rule change if it appears change, as amended, from interested for ETP Holder transaction credits. to the Commission that such action is persons. The Fee Schedule currently provides necessary or appropriate in the public I. Self-Regulatory Organization’s in footnote 6 that an ETP Holder that interest, for the protection of investors, Statement of the Terms of Substance of submits a Tracking Order instruction or otherwise in furtherance of the the Proposed Rule Change that subsequently matches against an purposes of the Act.12 The Exchange proposes to amend the inbound marketable order will not be IV. Solicitation of Comments entitled to receive the Liquidity section of its Schedule of Fees and Interested persons are invited to Provider Credit. The Exchange proposes Charges for Exchange Services (‘‘Fee submit written data, views, and to amend footnote 6 to the Fee Schedule Schedule’’) that applies to certain ETP arguments concerning the foregoing, 5 to provide that an ETP Holder Holder transaction credits and market including whether the proposed rule submitting a Passive Liquidity Order data revenue sharing credits. While change, as amended, is consistent with instruction also will not be entitled to changes to the Fee Schedule pursuant to the Act. Comments may be submitted by this proposed rule change are effective receive the Liquidity Provider Credit. any of the following methods: upon filing with the Commission, the The Exchange is not providing credits new rates will become operative on to ETP Holders entering Passive Electronic Comments October 9, 2006. The text of the Liquidity Orders because it has no • Use the Commission’s Internet proposed rule change is available on the reason at this time to create incentives comment form (http://www.sec.gov/ Exchange’s Web site at http:// for the entry of such orders.7 rules/sro.shtml); or www.nysearca.com, at the Exchange’s • Send an e-mail to rule- 2. Statutory Basis Office of the Secretary, and in the [email protected]. Please include File Commission’s Public Reference Room. The Exchange believes that the No. SR–NYSEArca–2006–72 on the II. Self-Regulatory Organization’s proposed rule change is consistent with subject line. 8 Statement of the Purpose of, and Section 6(b) of the Act, in general, and Paper Comments Statutory Basis for, the Proposed Rule furthers the objectives of Section 6(b)(4) • Change of the Act,9 in particular, in that it Send paper comments in triplicate to Nancy M. Morris, Secretary, In its filing with the Commission, the provides for the equitable allocation of reasonable dues, fees and other charges Securities and Exchange Commission, Exchange included statements Station Place, 100 F Street, NE., concerning the purpose of and basis for among its members and other persons using its facilities. Washington, DC 20549–1090. the proposed rule change and discussed All submissions should refer to File any comments it received on the B. Self-Regulatory Organization’s No. SR–NYSEArca–2006–72. This file proposed rule change, as amended. The Statement on Burden on Competition number should be included on the text of these statements may be subject line if e-mail is used. To help the examined at the places specified in Item The Exchange does not believe that Commission process and review your IV below. The Exchange has prepared the proposed rule change will impose comments more efficiently, please use summaries, set forth in Sections A, B, any burden on competition that is not only one method. The Commission will and C below, of the most significant necessary or appropriate in furtherance post all comments on the Commission’s aspects of such statements. of the purposes of the Act. Internet Web site (http://www.sec.gov/ A. Self-Regulatory Organization’s C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Statement of the Purpose of, and Statement on Comments on the submission, all subsequent Statutory Basis for, the Proposed Rule Proposed Rule Change Received From amendments, all written statements Change Members, Participants, or Others with respect to the proposed rule change that are filed with the 1. Purpose Written comments on the proposed Commission, and all written The Exchange proposes to amend the rule change were neither solicited nor communications relating to the section of the Fee Schedule that applies received. proposed rule change between the to certain ETP Holder transaction credits and market data revenue sharing 6 The Commission recently approved the use of 10 15 U.S.C. 78s(b)(3)(A)(ii). credits in order to incorporate the Passive Liquidity Orders on the NYSE Arca 11 17 CFR 240.19b–4(f)(2). Marketplace. See Securities Exchange Act Release Exchange’s recently approved new order 12 15 U.S.C. 78s(b)(3)(C). For purposes of No. 54511 (September 26, 2006), 71 FR 58460 calculating the 60-day period within which the (October 3, 2006)(SR–PCX–2005–53). Commission may summarily abrogate the proposal, 3 15 U.S.C. 78s(b)(3)(A)(ii). 7 Amendment No. 1. the Commission considers the period to have 4 17 CFR 240.19b–4(f)(2). 8 15 U.S.C. 78f(b). commenced on October 26, 2006, the date on which 5 See NYSE Arca Equities Rule 1.1(n). 9 15 U.S.C. 78f(b)(4). the Exchange filed Amendment No. 1.

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Commission and any person, other than SMALL BUSINESS ADMINISTRATION FOR FURTHER INFORMATION CONTACT: A. those that may be withheld from the Escobar, Office of Disaster Assistance, public in accordance with the [Disaster Declaration #10680 and #10681] U.S. Small Business Administration, provisions of 5 U.S.C. 552, will be 409 3rd Street, SW., Suite 6050, available for inspection and copying in Florida Disaster # FL–00016 Washington, DC 20416. the Commission’s Public Reference Room. Copies of such filing will also be AGENCY: U.S. Small Business SUPPLEMENTARY INFORMATION: Notice is available for inspection and copying at Administration. hereby given that as a result of the the principal office of the Exchange. All ACTION: Notice. Administrator’s disaster declaration, comments received will be posted applications for disaster loans may be without change; the Commission does SUMMARY: This is a notice of an filed at the address listed above or other not edit personal identifying Administrative declaration of a disaster locally announced locations. information from submissions. You for the State of FLORIDA dated 10/27/ The following areas have been 2006. should submit only information that determined to be adversely affected by Incident: Tornadoes. you wish to make available publicly. All the disaster: submissions should refer to File No. Incident Period: 10/07/2006. SR–NYSEArca–2006–72 and should be Effective Date: 10/27/2006. Primary Counties: Orange. submitted on or before November 27, Physical Loan Application Deadline Contiguous Counties: Florida, Brevard, 2006. Date: 12/26/2006. Lake Osceola, Polk, Seminole, Volusia. The Interest Rates are: For the Commission, by the Division of Economic Injury (EIDL) Loan Market Regulation, pursuant to delegated Application Deadline Date: 07/27/2007. 13 authority. ADDRESSES: Submit completed loan Nancy M. Morris, applications to: U.S. Small Business Secretary. Administration, Processing and [FR Doc. E6–18633 Filed 11–3–06; 8:45 am] Disbursement Center, 14925 Kingsport BILLING CODE 8011–01–P Road, Fort Worth, TX 76155.

Homeowners With Credit Available Elsewhere ...... 6.250. Homeowners Without Credit Available Elsewhere ...... 3.125. Businesses With Credit Available Elsewhere ...... 7.934. Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere ...... 4.000 Other (Including Non-Profit Organizations) With Credit Available Elsewhere ...... 5.000. Businesses And Non-Profit Organizations Without Credit Available Elsewhere ...... 4.000. The number assigned to this disaster for ACTION: Notice. 409 3rd Street, SW., Suite 6050, physical damage is 10680 C and for economic Washington, DC 20416. injury is 106810. SUMMARY: This is a notice of an The States which received an EIDL Administrative declaration of a disaster SUPPLEMENTARY INFORMATION: Notice is Declaration # are Florida. for the State of Indiana dated 10/27/ hereby given that as a result of the (Catalog of Federal Domestic Assistance 2006. Administrator’s disaster declaration, Numbers 59002 and 59008) Incident: Severe Storms and Flooding. applications for disaster loans may be Dated: October 26, 2006. Incident Period: 08/28/2006. filed at the address listed above or other Steven C. Preston, Effective Date: 10/27/2006. locally announced locations. Physical Loan Application Deadline Administrator. Date: 12/26/2006. The following areas have been [FR Doc. E6–18597 Filed 11–3–06; 8:45 am] Economic Injury (EIDL) Loan determined to be adversely affected by BILLING CODE 8025–01–P Application Deadline Date: 07/27/2007. the disaster: ADDRESSES: Submit completed loan Primary Counties: Wayne. SMALL BUSINESS ADMINISTRATION applications to: U.S. Small Business Contiguous Counties: Indiana, Fayette, Administration, Processing and Henry, Randolph, Union, Ohio, Darke, [Disaster Declaration # 10686 and # 10687] Disbursement Center, 14925 Kingsport Preble. Road, Fort Worth, Tx 76155. The Interest Rates are: Indiana Disaster # IN–00010 FOR FURTHER INFORMATION CONTACT: A. AGENCY: U.S. Small Business Escobar, Office of Disaster Assistance, Administration. U.S. Small Business Administration,

Homeowners With Credit Available Elsewhere ...... 6.250. Homeowners Without Credit Available Elsewhere ...... 3.125. Businesses With Credit Available Elsewhere ...... 7.934. Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere ...... 4.000. Other (Including Non-Profit Organizations) With Credit Available Elsewhere ...... 5.000. Businesses And Non-Profit Organizations Without Credit Available Elsewhere ...... 4.000.

13 17 CFR 200.30–3(a)(12).

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The number assigned to this disaster for Rediscovery of Antiquity’’, imported convene on Friday, December 1, 2006, from physical damage is 10686 6 and for economic from abroad for temporary exhibition 8 a.m. to 5 p.m. or at the adjournment of the injury is 10687 0. The States which received within the United States, are of cultural Plenary, whatever comes first. Dress is an EIDL Declaration # are Indiana, Ohio. significance. The objects are imported Business Casual. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) pursuant to loan agreements with the FOR FURTHER INFORMATION CONTACT: (1) foreign owners or custodians. I also RTCA Secretariat, 1828 L Street, NW., Dated: October 26, 2006. determine that the exhibition or display Suite 805, Washington, DC 20036; Steven C. Preston, of the exhibit objects at The Bard telephone (202) 833–9339; fax (202) Administrator. Graduate Center, New York, New York, 833–9434; Web site http://www.rtca.org. [FR Doc. E6–18599 Filed 11–3–06; 8:45 am] from on or about November 16, 2006, SUPPLEMENTARY INFORMATION: Pursuant BILLING CODE 8025–01–P until on or about February 13, 2007, and to section 10(a)(2) of the Federal at possible additional venues yet to be Advisory Committee Act (Pub. L. 92– determined, is in the national interest. 463, 5 U.S.C., Appendix 2), notice is SMALL BUSINESS ADMINISTRATION Public Notice of these Determinations is hereby given for a Special Committee ordered to be published in the Federal 203 meeting. The agenda will include: Audit and Financial Management Register. Advisory (AFMAC) Committee Meeting • November 28: FOR FURTHER INFORMATION CONTACT: For • The U.S. Small Business further information, including a list of Opening Plenary Session (Welcome Administration, Audit and Financial the exhibit objects, contact Wolodymyr and Introductory Remarks, Approval of Sulzynsky, Attorney-Adviser, Office of Seventh Plenary Summary). Management Advisory Committee • (AFMAC) will host a public meeting on the Legal Adviser, U.S. Department of Review SC–203 Progress Since Thursday, November 9, 2006 at 9am. State (telephone: 202–453–8050). The Seventh Plenary: Status from address is U.S. Department of State, SA– Workgroups 1, 2 and 3. The meeting will take place at the U.S. • Small Business Administration, 409 3rd 44, 301 4th Street, SW., Room 700, Resolve Final Review and Comment Street, SW., Office of the Chief Financial Washington, DC 20547–0001. (FRAC) comments on draft document Guidance Material and Considerations Officer Conference Room, 6th Floor, Dated: November 1, 2006. for Unmanned Aircrafts Systems, (GM) Washington, DC 20416. C. Miller Crouch, The purpose of the meeting is to document. Principal Deputy Assistant Secretary for • discuss the SBA’s FY 2006 Financial Educational and Cultural Affairs, Department November 29: Reporting and FY 2006 Audit. of State. • Continue resolution of FRAC Anyone wishing to attend must [FR Doc. E6–18729 Filed 11–3–06; 8:45 am] comments on draft GM document. • contact Jennifer Main in writing or by BILLING CODE 4710–05–P Plenary considers GM document for fax. Jennifer Main, Chief Financial approval. If approved forward draft GM Officer, 409 3rd Street, SW., 6th Floor, document to the RTCA Program Washington, DC 20416, phone: (202) DEPARTMENT OF TRANSPORTATION Management Committee (PMC) for 205–6449, fax: (202) 205–6969, e-mail: consideration. [email protected]. Federal Aviation Administration • Closing Plenary Session (Action Thomas M. Dryer, Item Review, Other Business, Date, Eighth Meeting: FTCA Special Acting Committee Management Officer. Place and Time of Next Plenary, Committee 203/Minimum Performance Adjourn). [FR Doc. E6–18601 Filed 11–3–06; 8:45 am] Standards for Unmanned Aircraft Attendance is open to the interested BILLING CODE 8025–01–P Systems and Unmanned Aircraft public but limited to space availability. With the approval of the chairmen, AGENCY: Federal Aviation Administration (FAA), DOT. members of the public may present oral DEPARTMENT OF STATE statements at the meeting. Persons ACTION: Notice of RTCA Special [Public Notice 5604] wishing to present statement or obtain Committee 203, Minimum Performance information should contact the person Standards for Unmanned Aircraft Culturally Significant Objects Imported listed in the FOR FURTHER INFORMATION Systems and Unmanned Aircraft. for Exhibition Determinations: ‘‘James CONTACT section. Members of the public ‘Athenian’ Stuart, 1713–1788: The SUMMARY: The FAA is issuing this notice may present a written statement to the Rediscovery of Antiquity’’ to advise the public of a meeting of committee at any time. SUMMARY: Notice is hereby given of the RTCA Special Committee 203, Dated: Issued in Washington, DC, on following determinations: Pursuant to Minimum Performance Standards for October 27, 2006. the authority vested in me by the Act of Unmanned Aircraft Systems and Francisco Estrada C., October 19, 1965 (79 Stat. 985; 22 U.S.C. Unmanned Aircraft. RTCA Advisory Committee. 2459), Executive Order 12047 of March DATES: The meeting will be held [FR Doc. 06–9072 Filed 11–3–06; 8:45 am] 27, 1978, the Foreign Affairs Reform and November 28–30, 2006. On November BILLING CODE 4910–13–M Restructuring Act of 1998 (112 Stat. 28th, the meeting will start at 11 a.m. 2681, et seq.; 22 U.S.C. 6501 note, et and November 29–30, the meeting will seq.), Delegation of Authority No. 234 of start at 8 a.m. DEPARTMENT OF TRANSPORTATION October 1, 1999, Delegation of Authority ADDRESSES: The meeting will be held at Federal Aviation Administration No. 236 of October 19, 1999, as RTCA, Inc., 1828 L Street, NW., Suite amended, and Delegation of Authority 805, Washington, DC 20036. Notice of Passenger Facility Charge No. 257 of April 15, 2003 [68 FR 19875], Note: Workgroup 1 and 3 will convene on (PFC) Approvals and Disapprovals. I hereby determine that the objects to be Friday, December 1, 2006, from 8 a.m. to 12 included in the exhibition ‘‘James p.m., or at the adjournment of the Plenary, AGENCY: Federal Aviation ‘Athenian’ Stuart, 1713–1788: The whatever comes first. Workgroup 2 will Administration (FAA), DOT.

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ACTION: Monthly Notice of PFC Earliest Charge Effective Date: Application Number: 06–06–C–00– Approvals and Disapprovals. In October October 1, 2009. SGF. 2006, there were six applications Estimated Charge Expiration Date: Application Type: Impose and use a approved. This notice also includes October 1, 2015. PFC. information on one application, Class of Air Carriers Not Required to PFC Level: $4.50. approved in September 2006, Collect PFC’s: None. Total PFC Revenue Approved in This inadvertently left off the September Brief Description of Project Approved Decision: $83,651,097. 2006 notice. Additionally, 10 approved for Collection and Use: Acquire Earliest Charge Effective Date: January amendments to previously approved property. 1, 2007. applications are listed. Decision Date: October 3, 2006. Estimated Charge Expiration Date: For Further Information Contact: January 1, 2036. SUMMARY: The FAA publishes a monthly David Shumate, Jackson Airports Class of Air Carriers Not Required to notice, as appropriate, of PFC approvals District Office, (601) 664–9882. Collect PFC’s: Air taxi/commercial and disapprovals under the provisions Public Agency: City of Fargo operators. of the Aviation Safety and Capacity Municipal Airport Authority, Fargo, Determination: Approved. Based on Expansion Act of 1990 (Title IX of the North Dakota. information contained in the public Omnibus Budget Reconciliation Act of Application Number: 06–07–C–00– agency’s application, the FAA has 1990) (Pub. L. 101–508) and Part 158 of FAR. determined that the approved class the Federal Aviation Regulations (14 Application Type: Impose and use a accounts for less than 1 percent of the CFR Part 158). This notice is published PFC. total annual enplanements at pursuant to paragraph d of § 158.29. PFC Level: $4.50. Springfield Branson National Airport. Brief Description of Project Approved PFC Applications Approved Total PFC Revenue Approved in This Decision:: $8,580,678. for Collection and Use: Midfield Public Agency: Huntsville-Madison Earliest Charge Effective Date: May 1, replacement terminal. County Airport Authority, Huntsville, Decision Date: October 17, 2006. 2017. Alabama. For Further Information Contact: Estimated Charge Expiration Date: Application Number: 06–15–C–00– Lorna Sandridge, Central Region August 1, 2023. HSV. Airports Division, (816) 329–2641. Application Type: Impose and use a Class of Air Carriers Not Required to Collect PFC’s: Air taxi/commercial Public Agency: City of Tallahassee, PFC. Florida. PFC Level: $4.50. operators filing FAA Form 1800–31. Determination: Approved. Based on Application Number: 06–06–C–00– Total PFC Revenue Approved in This TLH. Decision: $5,182,158. information contained in the public agency’s application, the FAA has Application Type: Impose and use a Earliest Charge Effective Date: April 1, PFC. 2008. determined that the approved class accounts for less than 1 percent of the PFC Level: $4.50. Estimated Charge Expiration Date: Total PFC Revenue Approved in This May 1, 2010. total annual enplanements at Hector International Airport. Decision: $25,280,000. Classes of Air Carriers Not Required Charge Effective Date: February 1, to Collect PFC’s: (1) Air taxi/commercial Brief Description of Projects Approved for Collection and Use: 2007. operators having fewer than 500 annual Estimated Charge Expiration Date: passengers; (2) certified air carriers PFC application. PFC annual audits. October 1, 2015. having fewer than 500 annual Class of Air Carriers Not Required to PFC administrative costs. passengers; and (3) certified route air Collect PFC’s: Nonscheduled/on- South general aviation lighting. carriers having fewer than 500 annual demand air carriers filing FAA Form passengers. Ticket counter modifications. South general aviation manhole repair 1800–31. Determination: Approved. Based on Determination: Approved. Based on and drainage improvements. information contained in the public information contained in the public West terminal and south general agency’s application, the FAA has agency’s application, the FAA has aviation gate modification and determined that each approved class determined that the approved class terminal fence modifications. accounts for less than 1 percent of the accounts for less than 1 percent of the Terminal area signage rehabilitation. total annual enplanements at Huntsville total annual enplanements at Airfield sweeper. International Airport. Tallahassee Regional Airport. Land acquisition—parcel 1. Brief Description of Project Approved Brief Description of Projects Approved Terminal security door modifications. for Collection and Use: Taxiway L for Collection and Use: Snow removal equipment truck crossfield connector. Cargo apron expansion. Decision Date: September 28, 2006. replacement. Cargo apron access. For Further Information Contact: Rod Passenger terminal study. Commercial runway/taxiway storm Nicholson, Jackson Airports District Passenger terminal expansion. water management. Office, (601) 664–9884. Taxiways A and D shoulder Terminal graphics (wayfinding) Public Agency: Golden Triangle rehabilitation; taxiways A and D improvements. Regional Airport Authority, Columbus, lighting. Terminal improvements. Mississippi. South general aviation concrete General aviation access road Application Number: 06–05–C–00– rehabilitation. improvements. GTR. Decision Date: October 11, 2006. Landside directional guidance Application Type: Impose and use a For Further Information Contact: improvements. PFC. Thomas Schauer, Bismarck Airports In-line baggage handling system. PFC Level: $4.50. District Office, (701) 323–7383. Terminal rehabilitation—phase II. Total PFC Revenue Approved in This Public Agency: City of Springfield, Acquire replacement aircraft rescue and Decision: $1,106,280. Missouri. firefighting vehicle.

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Acquire runway vacuum truck. Class of Air Carriers Not Required to total annual enplanements at Laramie Electronic airport layout plan. Collect PFC’s: No change from previous Regional Airport. Runway 9/27 pre-design decision. Brief Description of Projects Approved (refurbishment/reconstruction Brief Description of Project Approved for Collection and Use: analysis). for Use: Construct replacement airport. Construct electrical equipment building. Taxiway Z rehabilitation design. Decision Date: October 24, 2006. Rehabilitate access taxiway. Taxiway S rehabilitation design. Construct access taxiway. Taxiway M by pass design. For Further Information Contact: John South apron expansion design. Bauer, Denver Airports District Office, Extend runway 3 (design and phases 1 Airfield signage improvements design. (303) 342–1259. and 2). Airfield lighting improvements design. Public Agency: County of Albany and Install runway 3/21 distance-to-go signs. Airport access control and monitoring City of Laramie, Laramie, Wyoming. Install runway 3 precision approach system upgrades design. Application Number: 06–02–C–00– path indicator. Brief Description of Withdrawn LAR. Rehabilitate runway lighting system. Project: Runway 18/36 rehabilitation Application Type: Impose and use a Rehabilitate taxiway lighting system. design. PFC. Install runway 12 precision approach Date of Withdrawal: October 13, 2006. PFC Level: $4.50. path indicator. Decision Date: October 19, 2006. Total PFC Revenue Approved in This Update airport layout plan. For Further Information Contact: Decision: $252,009. Rehabilitate taxiways A, B, D, E, F, G, Susan Moore, Orlando Airports District Earliest Charge Effective Date: and H. Office, (407) 812–6331, extension 120. December 1, 2006. Construct taxiway F2. Public Agency: City of St. George, Estimated Charge Expiration Date: Construct taxiway G (phases 1, 2 and 3). Utah. April 1, 2013. Acquire aircraft rescue and firefighting Application Number: 06–04–U–00– vehicle. SGU. Class of Air Carriers Not Required to Collect PFC’s: Air taxi/commercial Design of apron rehabilitation and Application Type: Use PFC revenue. construction of taxiway and apron. PFC Level: $4.50. operators filing FAA Form 1800–31. Total PFC Revenue to Be Used in This Determination: Approved. Based on PFC administration. Decision: $839,500. information contained in the public Decision Date: October 25, 2006. Charge Effective Date: July 1, 2004. agency’s application, the FAA has For Further Information Contact: Estimated Charge Expiration Date: determined that the approved class Chris Schaffer, Denver Airports District April 1, 2007. accounts for less than 1 percent of the Office, (303) 342–1258.

AMENDMENTS TO PFC APPROVALS

Original ap- Amended ap- Amendment proved net proved net Original esti- Amended esti- Amendment No. City, State approved date PFC revenue PFC revenue mated charge mated charge (dollars) (dollars) exp. date exp. date

01–03–C–02–GCC Gillette, WY ...... 09/27/06 178,537 162,537 06/01/04 07/01/05 99–03–C–04–DRO Durango, CO ...... 09/29/06 729,451 695,885 03/01/03 03/01/03 02–04–U–01–DRO Durango, CO ...... 09/29/06 NA NA 03/01/03 03/01/03 00–03–C–01–AZO Kalamazoo, MI ...... 09/29/06 3,298,376 3,232,429 12/01/03 12/01/03 99–04–C–06–BGM Binghamton, NY ...... 10/02/06 1,204,917 1,109,497 01/01/01 01/01/01 02–05–C–06–BGM Binghamton, NY ...... 10/02/06 1,451,670 1,057,019 04/01/03 04/01/03 03–06–C–03–BGM Binghamton, NY ...... 10/02/06 7,996 7,601 05/01/03 05/01/03 02–05–C–07–BGM Binghamton, NY ...... 10/03/06 1,057,019 1,229,462 04/01/03 04/01/03 04–07–C–02–BGM Binghamton, NY ...... 10/03/06 337,624 337,624 04/01/04 04/01/04 04–07–C–03–BGM Binghamton, NY ...... 10/19/06 337,624 559,849 04/01/04 04/01/04

Dated: Issued in Washington, DC, on Railroad Administration (FRA) has without ETMS. The PSP provides November 1, 2006. received a petition for approval of a descriptions of the ETMS itself, ETMS Joe Hebert, Product Safety Plan (PSP) submitted safety process and analyses, validation Manager, Financial Analysis and Passenger pursuant to 49 CFR part 236, subpart H. and verification processes used during Facility Charge Branch. The individual petition is described development of ETMS, and operational [FR Doc. 06–9071 Filed 11–3–06; 8:45 am] below, including the party seeking and support requirements and BILLING CODE 4910–13–M approval, the requisite docket number, procedures. and a brief summary of the petition. Interested parties are invited to DEPARTMENT OF TRANSPORTATION BNSF Railway Company participate in this safety review by The BNSF Railway Company (BNSF) providing written information or Federal Railroad Administration submitted a petition for approval of a comments pertinent to FRA’s PSP for its Electronic Train Management consideration of the above petition for [Docket Number FRA–2006–23687] System (ETMS). BNSF asserts that the approval of the PSP. All communications concerning this Notice of Petition for Approval PSP demonstrates ETMS has been designed in a safe manner and that it approval should identify the In accordance with Title 49 Code of supports BNSF’s assessment that appropriate docket number (FRA–2006– Federal Regulations (CFR) 236.913(e)(1), railroad operations with ETMS are as 23687) and may be submitted by any of notice is hereby given that the Federal safe as, or safer than, railroad operations the following methods:

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• Web site: http://dms.dot.gov. requested, and the petitioner’s for inspection and copying on the Follow the instructions for submitting arguments in favor of relief. Internet at the docket facility’s Web site comments on the DOT electronic at http://dms.dot.gov. CSX Transportation docket; Anyone is able to search the • Fax: 202–493–2251; The CSX Transportation Company electronic form of all comments • Mail: Docket Management Facility, (CSXT) seeks a waiver of compliance received into any of our dockets by the U.S. Department of Transportation, 400 with the Locomotive Safety Standards, name of the individual submitting the Seventh Street, SW., Nassif Building, 49 CFR 229.23, 229.27, and 229.29, as comment (or signing the comment, if Room PL–401, Washington, DC 20590– they pertain to the requirement to submitted on behalf of an association, 0001; or maintain the locomotive repair record business, labor union, etc.). You may • Hand delivery: Room PL–401 on the form FRA 6180.49A, commonly referred review the Department of plaza level of the Nassif Building, 400 to as the Blue Card, in the cab of their Transporation’s complete Privacy Act Seventh Street, SW., Washington, DC, locomotives. If granted, CSXT would Statement in the Federal Register between 9 a.m. and 5 p.m., Monday maintain locomotive inspection published on April 11, 2000 (Volume through Friday, except Federal holidays. information in a secure database. The 65, Number 70; Pages 19477–78). The Communications received within 30 database would be maintained as the Statement may also be found at http:// days of the date of this notice will be required office copy of form FRA dms.dot.gov. considered by FRA before final action is 6180.49A. A computer-generated form Issued in Washington, DC on November 1, taken. Comments received after that that is similar to and contains all 2006. date will be considered as far as information currently contained on the Grady C. Cothen, Jr., required FRA 6180.49A would be practicable. All written communications Deputy Associate Administrator, for Safety concerning these proceedings are maintained onboard the locomotive. In Standards and Program Development. place of required signatures of the available for examination during regular [FR Doc. E6–18617 Filed 11–3–06; 8:45 am] persons performing inspections and business hours (9 a.m.–5 p.m.) at the BILLING CODE 4910–06–P above facility. All documents in the tests, CSXT employees would be public docket are also available for provided a unique login identification inspection and copying on the Internet number and a secure password to access DEPARTMENT OF TRANSPORTATION the system and verify performance of at the docket facility’s Web site at [Docket No. FRA–2006–25980] http://dms.dot.gov. inspections. In place of signatures, a computer-generated report would print Anyone is able to search the the name of the employee performing a Federal Railroad Administration electronic form of all comments required inspection and print the received into any of our dockets by the Notice of Application for Approval of employee’s supervisor who is certifying name of the individual submitting the Discontinuance or Modification of a that all inspections have been made and comment (or signing the comment on Railroad Signal System or Relief From all repairs have been completed. behalf of an association, business, labor the Requirements of Title 49 Code of Required filing of the previous union, etc.). You may review the DOT’s Federal Regulations Part 236 inspection record will be maintained complete Privacy Act Statement in the through the database. Pursuant to Title 49 Code of Federal Federal Register published on April 11, Interested parties are invited to Regulations (CFR) Part 235 and 49 2000 (Volume 65, Number 70; Pages participate in these proceedings by U.S.C. 20502(a), the following railroad 19477–78). The Statement may also be submitting written opinions, data, or has petitioned the Federal Railroad found at http://dms.dot.gov. comments. FRA does not anticipate the Administration (FRA) seeking approval Issued in Washington, DC on November 1, need to schedule a public hearing in for the discontinuance or modification 2006. connection with these proceedings since of the signal system or relief from the Grady C. Cothen, Jr., the facts do not appear to warrant requirements of 49 CFR Part 236 as Deputy Associate Administrator for Safety holding one. If any interested party detailed below. Standards and Program Development. desires an opportunity for oral Applicant: Springfield Terminal [FR Doc. E6–18619 Filed 11–3–06; 8:45 am] comment, they should notify FRA in Railway Company, Mr. T. Kunzler, BILLING CODE 4910–06–P writing before the end of the comment Chief Engineer, C&S, Iron Horse Park, period and specify the basis for their North Billerica, Massachusetts 01862– request. 1688. DEPARTMENT OF TRANSPORTATION All communications concerning these The Springfield Terminal Railway proceedings should identify the Company seeks approval of the [Waiver Petition Docket Number FRA–2006– appropriate docket number (FRA–2006– proposed modification of the traffic 25705] 25705) and must be submitted to the control system on the Boston and Maine Docket Clerk, DOT Docket Management Federal Railroad Administration Corporation’s single main track ‘‘Freight Facility, Room PL–401 (Plaza Level), Main Line,’’ consisting of the relocation Petition for Waiver of Compliance 400 7th Street, SW., Washington, DC of the back-to-back intermediate signal 20590. Communications received within Nos. 1628 and 1629, located near In accordance with Part 211 of Title 45 days of the date of this notice will milepost K–443, to a new location 49 Code of Federal Regulations (CFR), be considered by FRA before final approximately 3,700 feet westward, near notice is hereby given that the Federal action is taken. Comments received after milepost K–444, in Hoosick, New York. Railroad Administration (FRA) received that date will be considered as far as The reason given for the proposed a request for a waiver of compliance practicable. All written communications change is to eliminate the need for with certain requirements of its safety concerning these proceedings are multiple tunable couplers that could standards. The individual petition is available for examination during regular adversely affect AHCP reliability. described below, including the party business hours (9 a.m.–5 p.m.) at the Any interested party desiring to seeking relief, the regulatory provisions aforementioned facility. All documents protest the granting of an application involved, the nature of the relief being in the public docket are also available shall set forth specifically the grounds

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upon which the protest is made, and DEPARTMENT OF TRANSPORTATION Background include a concise statement of the According to the Act, a deepwater Maritime Administration interest of the party in the proceeding. port is a fixed or floating manmade Additionally, one copy of the protest [USCG–2006–26009] structure other than a vessel, or a group shall be furnished to the applicant at the of structures, located beyond State address listed above. Calypso LNG LLC, Calypso Liquefied seaward boundaries and used or All communications concerning this Natural Gas Deepwater Port License intended for use as a port or terminal for proceeding should be identified by the Application the transportation, storage, and further docket number and must be submitted AGENCY: Maritime Administration, DOT. handling of oil or natural gas for to the Docket Clerk, DOT Central Docket ACTION: Notice of application. transportation to any State. Management Facility, Room PL–401 A deepwater port must be licensed by (Plaza Level), 400 7th Street, SW., SUMMARY: The Coast Guard and the the Maritime Administrator (by Washington, DC 20590–0001. Maritime Administration (MARAD) delegated authority of the Secretary of Communications received within 45 announce that they have received an Transportation, published on June 18, days of the date of this notice will be application for the licensing of a natural 2003 (68 FR 36496)). Statutory and considered by the FRA before final gas deepwater port, and that the regulatory requirements for licensing action is taken. Comments received after application appears to contain the appear in 33 U.S.C. 1501 et seq. and in that date will be considered as far as required information. This notice 33 CFR Part 148. Under delegations practicable. All communications summarizes the applicant’s plans and from and agreements between the concerning these proceedings should the procedures that will be followed in Secretary of Transportation and the identify the appropriate docket number considering the application. Secretary of Homeland Security, (Docket No. FRA–2006–25980) and may DATES: The Deepwater Port Act of 1974, applications are processed by the Coast be submitted by any of the following as amended, requires any public hearing Guard and MARAD. Each application is methods: on this application to be held not later considered on its merits. • Web site: http://dms.dot.gov. than 240 days after this notice, and The Act requires adherence to a strict Follow the instructions for submitting requires a decision on the application to timeline for processing an application. comments on the DOT electronic docket be made not later than 90 days after the Once we determine that an application site. final public hearing. contains the required information, we • Fax: 202–493–2251. ADDRESSES: The public docket for must hold public hearings on the • Mail: Docket Management Facility, USCG–2006–26009 is maintained by application within 240 days, and the U.S. Department of Transportation, 400 the: Docket Management Facility, U.S. Maritime Administrator must render a Seventh Street, SW., Nassif Building, Department of Transportation, 400 decision on the application within 330 Room PL–401, Washington, DC 20590– Seventh Street, SW., Washington, DC days. We will publish additional 0001. 20590–0001. Federal Register notices to inform you • Hand Delivery: Room PL–401 on Docket contents are available for of these public hearings and other the plaza level of the Nassif Building, public inspection and copying, at this procedural milestones, including 400 Seventh Street, SW., Washington, address, in room PL–401, between 9 environmental review. The Maritime DC, between 9 a.m. and 5 p.m., Monday a.m. and 5 p.m., Monday through Administrator’s decision, and other key through Friday, except Federal holidays. Friday, except Federal holidays. The documents, will be filed in the public FRA wishes to inform all potential Facility’s telephone is 202–366–9329, docket. commenters that anyone is able to its fax is 202–493–2251, and its Web site At least one public hearing must take search the electronic form of all for electronic submissions or for place in each adjacent coastal State. For comments received into any of our electronic access to docket contents is purposes of the Act, Florida is the dockets by the name of the individual http://dms.dot.gov. adjacent coastal State for this submitting the comment (or signing the FOR FURTHER INFORMATION CONTACT: application. Other States can apply for comment, if submitted on behalf of an Mary K. Jager, U.S. Coast Guard, adjacent coastal State status in association, business, labor union, etc.). telephone: 202–372–1454, e-mail: accordance with 33 U.S.C. 1508(a)(2). [email protected]. If you have You may review DOT’s complete Summary of the Application Privacy Act Statement in the Federal questions on viewing the docket, call Register published on April 11, 2000 Renee V. Wright, Program Manager, Calypso LNG LLC, proposes to own, (Volume 65, Number 70; Pages 19477– Docket Operations, telephone: 202–493– construct, and operate a deepwater port, 78) or you may visit http://dms.dot.gov. 0402. named Calypso, in the Federal waters of the Outer Continental Shelf in the OCS FRA expects to be able to determine SUPPLEMENTARY INFORMATION: NG 17–06 (Bahamas) lease area, these matters without an oral hearing. Receipt of Application approximately 8 to 10 miles off the east However, if a specific request for an oral On March 1, 2006, the Coast Guard coast of Florida to the northeast of Port hearing is accompanied by evidence and MARAD received an application Everglades, in a water depth of that the party is unable to adequately from Calypso LNG LLC, 1990 Post Oak approximately 800 to 950 feet. Calypso present his or her position in writing, an Boulevard, Suite 1900, Houston, Texas would consist of a permanently moored application may be set for a public 77056 for all Federal authorizations unloading buoy system with two (2) hearing. required for a license to own, construct, submersible buoys separated by a Issued in Washington, DC on November 1, and operate a deepwater port governed distance of approximately three (3) 2006. by the Deepwater Port Act of 1974, as miles. Each unloading buoy would be Grady C. Cothen, Jr., amended, 33 U.S.C. 1501 et seq. (the permanently secured to eight or nine Deputy Associate Administrator for Safety, Act). On October 27, 2006, we mooring lines, consisting of wire rope, Standards and Program Development. determined that the application appears chain, and buoyancy elements, each [FR Doc. E6–18618 Filed 11–3–06; 8:45 am] to contain all information required by attached to anchor points on the seabed. BILLING CODE 4910–06–P the Act. Anchor points would consist of a

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combination of suction piles and gravity concurrent unloading of natural gas. Community Development Financial anchors. Calypso would have an average Institutions Fund (the Fund) of the The buoys would be designed to moor throughput capacity of approximately Department of the Treasury is soliciting and unload two (2) types of LNG 1.1 billion standard cubic feet per day comments concerning an information vessels: a transport and regasification and a peak delivery capacity of 1.9 collection required by the allocation vessel (TRV) of approximately 140,000 Bcsfd. agreement that will be entered into by cubic meter capacity and a storage and No onshore pipelines or LNG storage the Fund and allocatees of the New regasification ship (SRS) of facilities are associated with the Markets Tax Credit (NMTC) Program. approximately 250,000 cubic meter proposed deepwater port application. A The specific information collection capacity. Both vessels would be shore based facility would be used to relates to the section of the allocation equipped to vaporize LNG cargo to facilitate movement of personnel, agreement that requires an allocatee to natural gas through an onboard closed equipment, supplies, and disposable provide notice to the Fund of the receipt loop vaporization system, and to materials between the port and shore. of a Qualified Equity Investment. The odorize and meter gas for send-out by Construction of the deepwater port Fund will publish a separate notice means of the unloading buoy to would be expected to take three (3) seeking public comments regarding conventional subsea pipelines. The years; with startup of commercial other information collections contained TRVs would moor to the westernmost operations following construction, in the allocation agreement (e.g., use of buoy, and the SRS to the easternmost should a license be issued. The QEI proceeds). buoy. The mooring buoys would be deepwater port would be designed, DATES: Written comments should be connected through the vessels’ hulls to constructed and operated in accordance received on or before January 5, 2007 to specially designed turrets that would with applicable codes and standards be assured of consideration. enable the vessel to weathervane or and would have an expected operating ADDRESSES: Direct all comments to Yoo rotate in response to prevailing wind, life of approximately 25 years. Jin Na, Program Manager, Community wave, and current directions. When the Development Financial Institutions vessels are not present, the buoys would Privacy Act Fund, U.S. Department of the Treasury, be submerged approximately 100 feet Anyone is able to search the 601 13th Street, NW., Suite 200 South, below the sea surface. electronic form of all comments The unloading buoys would connect received into any of our dockets by the Washington, DC 20005, Facsimile through flexible risers and two (2) name of the individual submitting the Number (202) 622–7754. approximately 2.5 mile long 30-inch comment (or signing the comment, if FOR FURTHER INFORMATION CONTACT: A flowlines located on the seabed that submitted on behalf of an association, draft of the information collection may would connect directly to the Calypso business, labor union, etc.). You may be obtained from the Fund’s Web site at pipeline, a Federal Energy Regulatory review DOT’s complete Privacy Act http://www.cdfifund.gov. Requests for Commission (FERC) permitted pipeline. Statement in the Federal Register additional information should be Three types of vessels would be published on April 11, 2000 (Volume directed to Yoo Jin Na, Program associated with the port: the TRV drawn 65, Number 70; Pages 19477–78) or you Manager, Community Development from the existing and future global fleet may visit http://dms.dot.gov. Financial Institutions Fund, U.S. of specialized LNG carriers compatible Department of the Treasury, 601 13th with Calypso’s unloading buoy system; (Authority 49 CFR 1.66) Street, NW., Suite 200 South, the SRS, a specialized, purpose-built Dated: October 31, 2006. Washington, DC 20005, or by phone to modified LNG carrier, designed to By order of the Maritime Administrator. (202) 622–8226. accept, regasify, odorize and meter LNG SUPPLEMENTARY INFORMATION: Joel C. Richard, from conventional LNG carriers and Title: New Markets Tax Credit deliver it to the pipeline through Secretary, Maritime Administration. (NMTC) Program Allocation Tracking Calypso’s unloading buoy system; and [FR Doc. E6–18598 Filed 11–3–06; 8:45 am] System. conventional LNG carriers. When empty BILLING CODE 4910–81–P OMB Number: 1559–0024. the TRV would disconnect from the Abstract: Title I, subtitle C, section buoy and leave the port, followed by 121 of the Community Renewal Tax another full TRV that would arrive and DEPARTMENT OF THE TREASURY Relief Act of 2000 (the Act), as enacted connect to the buoy. The SRS would by section 1(a)(7) of the Consolidated normally remain attached to its mooring Community Development Financial Appropriations Act, 2001 (Pub. L. 106– buoy. To sustain continuous Institutions Fund 554, December 21, 2000), amended the vaporization, the SRS’ cargo tanks Internal Revenue Code (IRC) by adding Proposed Collection; Comment would be refilled approximately every IRC section 45D, New Markets Tax Request two (2) to four (4) days by standard LNG Credit. Pursuant to IRC section 45D, the carriers drawn from the global fleet. The ACTION: Notice and request for Department of the Treasury, through the SRS would be capable of detaching from comments. Fund, administers the NMTC Program, the buoy if threatened by a severe storm, which will provide an incentive to such as a hurricane, and move under its SUMMARY: The Department of Treasury, investors in the form of tax credits over own power to safety; then return and as part of its continuing effort to reduce seven years, which is expected to reconnect to the buoy and continue paperwork and respondent burden, stimulate the provision of private operations once the storm danger invites the general public and other investment capital that, in turn, will passed. Federal agencies to take this facilitate economic and community Calypso would be capable of opportunity to comment on proposed development in low-income delivering natural gas in a continuous and/or continuing information communities. In order to qualify for an flow by having at least one TRV or SRS collections, as required by the allocation of tax credits under the regasifying at all times. The system Paperwork Reduction Act of 1995, NMTC Program, an entity must be would be designed so that a TRV and Public Law 104–13 (44 U.S.C. certified as a qualified community SRS can be moored simultaneously for 3506(c)(2)(A)). Currently, the development entity and submit an

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allocation application to the Fund. collection of information; (c) ways to information collection or requests for Upon receipt of such applications, the enhance the quality, utility, and clarity additional information may be obtained Fund will conduct a competitive review of the information to be collected; (d) by contacting Ashanti McCallum, process to evaluate applications for the ways to minimize the burden of the Paralegal Specialist, as follows: (i) By receipt of NMTC allocations. Entities collection of information on mail to: Community Development receiving an NMTC allocation must respondents, including through the use Financial Institutions Fund, U.S. enter into an allocation agreement with of technology; and (e) estimates of Department of the Treasury, 601 13th the Fund. The allocation agreement capital or start-up costs and costs of Street, NW., Suite 200 South, contains the terms and conditions, operation, maintenance, and purchase Washington, DC 20005; (ii) by e-mail to: including all reporting requirements, of services required to provide [email protected]; or (iii) by associated with the receipt of a NMTC information. fax to: 202/622–8244. allocation. The Fund will require each Authority: Consolidated Appropriations SUPPLEMENTARY INFORMATION: allocatee to use an electronic data Act of 2001, Public Law 106–554; 31 U.S.C. Title: The Community Development collection and submission system, 321. Financial Institutions Fund—Conflict of known as the allocation tracking system, Interest Package for Non-Federal Dated: October 31, 2006. to report on the information related to Readers. its receipt of a Qualified Equity Arthur A. Garcia, OMB Number: 1559–0011. Investment. Director, Community Development Financial Abstract: Through its programs the The Fund has developed the Institutions Fund. Fund supports financial institutions allocation tracking system to, among [FR Doc. E6–18649 Filed 11–3–06; 8:45 am] around the country that are specifically other things: (1) Enhance the allocatee’s BILLING CODE 4810–70–P dedicated to financing and supporting ability to report to the Fund timely community and economic development information regarding the issuance of its activities. This strategy builds strong Qualified Equity Investments; (2) DEPARTMENT OF THE TREASURY institutions that make loans and enhance the Treasury Department’s investments and provide financial Community Development Financial ability to monitor the issuance of services in markets (including Institutions Fund Qualified Equity Investments to ensure economically distressed investments that no allocatee exceeds its allocation Proposed Collection; Comment areas and targeted populations) whose authority, and to ensure that Qualified Request needs for loans, investments, and Equity Investments are issued within financial services have not been fully the timeframes required by the ACTION: Notice and request for met by traditional financial institutions, allocation agreement and the NMTC comments. particularly in the areas of promoting Program regulations; and (3) provide the homeownership, developing of Treasury Department with basic SUMMARY: The Community Development affordable housing, and stimulating investor data which may be aggregated Financial Institutions Fund (the Fund), small business development, as well as and analyzed in connection with NMTC a government corporation within the providing financial services to those Program evaluation efforts. Department of the Treasury, as part of that have not previously accessed Current Actions: Selected allocatees its continuing effort to reduce financial institutions. for the NMTC Program. paperwork and respondent burden, Consistent with the Federal Type of Review: Renewal. invites the general public and other Acquisition Regulations provisions on Affected Public: Business or other for- Federal agencies to take this conflicts of interest, the Fund has profit institutions, not-for-profit opportunity to comment on proposed applied, and will continue to apply, a institutions and State, local and Tribal and/or continuing information conflict of interest policy with respect to entities. collections, as required by the its contract (non-Federal employee) Estimated Number of Respondents: Paperwork Reduction Act of 1995, readers that avoids a reader’s 170. Public Law 104–13 (44 U.S.C. participation in the evaluation or Estimated Annual Time per 3506(c)(2)(A)). Currently, the Fund is process of selection of applications Respondent: 12 hour. soliciting comments concerning the where such participation creates a Estimated Total Annual Burden Fund’s conflict of interest reporting conflict of interest or an appearance of Hours: 2040 hours. requirements for contract readers of a conflict of interest. The conflict of Requests for Comments: Comments applications submitted for funding interest review materials are used by the submitted in response to this notice will under the Fund’s various programs. Fund to determine whether or not a be summarized and/or included in the DATES: Written comments must be contractor’s financial interest, or that of request for OMB approval. All the contractor’s spouse, parent, comments will become a matter of received on or before January 5, 2007 to be assured of consideration. dependent child, or member of public record. The specific section of household, may result in a conflict, or ADDRESSES: All comments must be the allocation agreement for which apparent conflict of interest with the comments are sought is the reporting submitted in writing and sent to Jeffrey C. Berg, Legal Counsel, as follows: (i) by individual’s duties and responsibilities requirement that allocatees provide as a contractor evaluating applications. notice to the Fund, through the Fund’s mail to: Community Development Financial Institutions Fund, U.S. The completion of the package is allocation tracking system, of the receipt mandatory for all contractors prior to of a Qualified Equity Investment. Department of the Treasury, 601 13th Street, NW., Suite 200 South, their selection as readers. Comments are invited on: (a) Whether Current Action: Extension. the collection of information is Washington, DC 20005; (ii) by e-mail to: Type of Review: Renewal. necessary for the proper performance of conflictofinterestcomments Affected Public: Individuals. the functions of the agency, including @cdfi.treas.gov; or (iii) by fax to: 202/ Estimated Number of Respondents: whether the information shall have 622–8244. 150. practical utility; (b) the accuracy of the FOR FURTHER INFORMATION CONTACT: A Estimated Annual Time per agency’s estimate of the burden of the copy of the conflict of interest Respondent: 45 minutes (0.75 hours).

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Estimated Total Annual Burden DATES: Written comments should be Current Action: Extension. Hours: 112.5 hours. received on or before January 5, 2007 to Type of Review: Renewal. Request for Comments: Comments be assured of consideration. Affected Public: Businesses or other submitted in response to this notice will ADDRESSES: Direct all comments on the for-profit institutions; not-for-profit be summarized and/or included in the information collections related to the institutions, and tribal entities. request for OMB approval. All specified sections of the NMTC Program Estimated Number of Respondents: Allocation Agreement to: Jeffrey C. Berg, comments will become a matter of Allocation Agreement (§§ 6.2 and 6.9): Legal Counsel, Community public record. Comments are invited on: 5. (a) Whether the collection of Development Financial Institutions Allocation Agreement (§ 6.10): 62. information is necessary for the proper Fund, U.S. Department of the Treasury, performance of the functions of the 601 13th Street, NW., Suite 200 South, Estimated Annual Time Per agency, including whether the Washington, DC 20005, Respondent: information shall have practical utility; allocationagreementcomments Allocation Agreement (§§ 6.2 and 6.9): (b) the accuracy of the agency’s estimate @cdfi.treas.gov, Facsimile Number (202) 2 hours. of the burden of the collection of 622–8244. Allocation Agreement (§ 6.10): 1 hour. information; (c) ways to enhance the FOR FURTHER INFORMATION CONTACT: A Estimated Total Annual Burden quality, utility, and clarity of the copy of the allocation agreement Hours: information to be collected; (d) ways to information collection may be obtained Allocation Agreement (§§ 6.2 and 6.9): minimize the burden of the collection of from the Fund’s Web site at http:// 10 hours. www.cdfifund.gov. Requests for information on respondents, including Allocation Agreement (§ 6.10): 62 additional information regarding the through the use of technology; and (e) hours. estimates of capital or start-up costs and specified sections of the NMTC Program Request for Comments: Comments costs of operation, maintenance, and Allocation Agreement should be submitted in response to this notice will purchase of services required to provide directed to Jeffrey C. Berg, Legal be summarized and/or included in the information. Counsel: (i) By mail to: Community Development Financial Institutions request for OMB approval. All Authority: 12 U.S.C. 4703(c) and 48 CFR Fund, U.S. Department of the Treasury, comments will become a matter of subpart 9.5. 601 13th Street, NW., Suite 200 South, public record. Comments are invited on: Dated: October 31, 2006. Washington, DC 20005; (ii) by e-mail to: (a) Whether the collection of Arthur A. Garcia, allocationagreementcomments information is necessary for the proper Director, Community Development Financial @cdfi.treas.gov; or (iii) by fax to: (202) performance of the functions of the Institutions Fund. 622–8244. agency, including whether the [FR Doc. E6–18650 Filed 11–3–06; 8:45 am] SUPPLEMENTARY INFORMATION: information shall have practical utility; BILLING CODE 4810–70–P Title: NMTC Program Allocation (b) the accuracy of the agency’s estimate Agreement—Disclosure, Audited of the burden of the collection of Financial Statements. information; (c) ways to enhance the DEPARTMENT OF THE TREASURY OMB Number: 1559–0023. quality, utility, and clarity of the Abstract: In order to qualify for an information to be collected; (d) ways to Community Development Financial allocation of tax credits under the minimize the burden of the collection of Institutions Fund NMTC Program, an entity must be information on respondents, including certified as a qualified community through the use of technology; and (e) Proposed Collection; Comment development entity and submit an estimates of capital or start-up costs and Request allocation application to the Fund. costs of operation, maintenance, and Upon receipt of such applications, the purchase of services required to provide ACTION: Notice and request for Fund will conduct a competitive review information. comments. process to evaluate applications for the Comments are also requested on receipt of NMTC allocations. Entities §§ 6.2, 6.5(c), 6.9 and 6.10 of the NMTC SUMMARY: The Department of the receiving an NMTC allocation must Program Allocation Agreement (please Treasury, as part of its continuing effort enter into an allocation agreement with note that there is no burden anticipated to reduce paperwork and respondent the Fund. The allocation agreement for § 6.5(c) since this collection of burden, invites the general public and contains the terms and conditions information is usual and customary for other Federal agencies to take this associated with the receipt of an NMTC the respondents). opportunity to comment on proposed allocation. Comments are requested on and/or continuing information certain disclosure requirements Authority: Consolidated Appropriations Act of 2001, Public Law 106–554; 31 U.S.C. collections, as required by the contained in the allocation agreement as 321. Paperwork Reduction Act of 1995, well as the requirement for the Public Law 104–13 (44 U.S.C. submission of a copy of the allocatee’s Dated: October 31, 2006. 3506(c)(2)(A)). Currently, the Fund audited financial statements. The Arthur A. Garcia, within the Department of the Treasury specific sections of the allocation Director, Community Development Financial is soliciting comments concerning the agreement for which comments are Institutions Fund. NMTC Program allocation agreement for sought may be obtained from the Fund’s [FR Doc. E6–18651 Filed 11–3–06; 8:45 am] NMTC Program allocatees. Web site at http://www.cdfifund.gov. BILLING CODE 4810–70–P

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Reader Aids Federal Register Vol. 71, No. 214 Monday, November 6, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 3 CFR Proposed Rules: Presidential Documents 38...... 64655 Executive orders and proclamations 741–6000 Proclamations: 40...... 64770 The United States Government Manual 741–6000 8074...... 64613 284...... 64655 8075...... 64615 Other Services 8076...... 64617 21 CFR Electronic and on-line services (voice) 741–6020 8077...... 64619 522...... 64451 Privacy Act Compilation 741–6064 8078...... 64621 Public Laws Update Service (numbers, dates, etc.) 741–6043 8079...... 64623 22 CFR TTY for the deaf-and-hard-of-hearing 741–6086 8080...... 64627 97...... 64451 Executive Orders: 13067 (See Notice of 23 CFR ELECTRONIC RESEARCH November 1, Proposed Rules: World Wide Web 2006) ...... 64629 630...... 64173 13400 (See Notice of Full text of the daily Federal Register, CFR and other publications November 1, 24 CFR is located at: http://www.gpoaccess.gov/nara/index.html 2006) ...... 64629 291...... 64422 Federal Register information and research tools, including Public 13412 (See Notice of Inspection List, indexes, and links to GPO Access are located at: November 1, 25 CFR http://www.archives. gov/federallregister 2006) ...... 64629 Proposed Rules: E-mail Administrative Orders: 15...... 64181 Notices: 18...... 64181 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Notice of November 1, 150...... 64181 an open e-mail service that provides subscribers with a digital 2006 ...... 64629 152...... 64181 form of the Federal Register Table of Contents. The digital form Presidential 179...... 64181 of the Federal Register Table of Contents includes HTML and Determinations: PDF links to the full text of each document. No. 2006-25...... 64431 26 CFR No. 2007-1...... 64435 To join or leave, go to http://listserv.access.gpo.gov and select 1...... 64458 No. 2007-2...... 64437 Online mailing list archives, FEDREGTOC-L, Join or leave the list 301...... 64458 (or change settings); then follow the instructions. 7 CFR Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 1210...... 64439 1...... 64488 service that notifies subscribers of recently enacted laws. 1290...... 64631 20...... 64488 25...... 64488 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 31...... 64488 and select Join or leave the list (or change settings); then follow 51...... 64478 53...... 64488 the instructions. 301...... 64767 54...... 64488 FEDREGTOC-L and PENS are mailing lists only. We cannot 9 CFR 56...... 64488 respond to specific inquiries. 301...... 64496, 54501 Proposed Rules: Reference questions. Send questions and comments about the 55...... 64650 28 CFR Federal Register system to: [email protected] 81...... 64650 The Federal Register staff cannot interpret specific documents or Proposed Rules: regulations. 10 CFR 524...... 64504 Proposed Rules: 545...... 64505 550...... 64507 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 35...... 64168 51...... 64169 32 CFR 64111–64438...... 1 14 CFR 58...... 64631 64439–64630...... 2 39 ...... 64441, 64881, 64884 312...... 64631 64631–64880...... 3 71...... 64887 318...... 64632 64881–65034...... 6 93...... 64111 323...... 64633 Proposed Rules: 33 CFR 25...... 64478 39 ...... 64482, 64484, 64651, 117...... 64113, 64888 64653, 64904 165 ...... 64114, 64116, 64634 Proposed Rules: 17 CFR 165...... 64662 140...... 64443 Proposed Rules: 34 CFR 170...... 64171 668...... 64378, 64402 673...... 64378 18 CFR 682...... 64378 292...... 64342 685...... 64378

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690...... 64402 64891 44 CFR 49 CFR 81...... 64891 691...... 64402 67 ...... 64132, 64141, 64148 571...... 64473 174...... 64128 37 CFR Proposed Rules: Proposed Rules: 1...... 64636 52 ...... 64182, 64668, 64906 67 ...... 64183, 64208, 64211, 50 CFR 64674 201...... 64639 63...... 64907 635...... 64165 81...... 64906 39 CFR 648...... 64903 82...... 64668 47 CFR 665...... 64474 3...... 64647 111...... 64118, 64121 73 ...... 64150, 64152, 64153, Proposed Rules: 43 CFR 64154 635...... 64123 40 CFR Proposed Rules: 76...... 64154 648...... 64214 52 ...... 64125, 64460, 64465, 4...... 64181 Proposed Rules: 660...... 64216 64468, 64470, 64647, 64888, 30...... 64181 27...... 64917 679...... 64218

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REMINDERS 06; published 9-13-06 [FR Eastman Kodak Co.; x-ray Fuel and fuel additives— The items in this list were 06-07497] film, color paper, digital Renewable Fuel Standard editorially compiled as an aid AGRICULTURE media, inkjet paper, Program; comments to Federal Register users. DEPARTMENT entertainment imaging, due by 11-12-06; and health imaging; Inclusion or exclusion from Animal and Plant Health published 9-22-06 [FR Open for comments this list has no legal Inspection Service 06-07887] until further notice; significance. Interstate transportation of Air quality implementation published 7-25-06 [FR plans: animals and animal products E6-11873] (quarantine): Preparation, adoption, and RULES GOING INTO COMMERCE DEPARTMENT submittal— Brucellosis in cattle— National Oceanic and EFFECT NOVEMBER 6, Prevention of significant State and area Atmospheric Administration 2006 deterioration and classifications; Fishery conservation and comments due by 11- nonattainment new ENVIRONMENTAL management: source review; 14-06; published 9-15- Atlantic highly migratory PROTECTION AGENCY 06 [FR E6-15327] debottlenecking, species— aggregation, and project Air pollution; standards of Plant-related quarantine, Commercial shark netting; comments due performance for new domestic: stationary sources: management measures; by 11-13-06; published Gypsy moth; comments due comments due by 11- 9-14-06 [FR E6-15248] Municipal waste combustion by 11-13-06; published 9- 13-06; published 11-1- Air quality implementation units, large; published 5- 12-06 [FR E6-15059] 10-06 06 [FR 06-09008] plans; approval and Mediterranean fruit fly; Northeastern United States Air quality implementation promulgation; various comments due by 11-13- fisheries— plans; approval and States; air quality planning 06; published 9-13-06 [FR promulgation; various Atlantic herring; comments purposes; designation of E6-15213] States: due by 11-13-06; areas: published 9-27-06 [FR Illinois; published 9-6-06 AGRICULTURE Maine; comments due by DEPARTMENT 06-08263] Toxic substances: 11-16-06; published 10- Forest Service Atlantic herring; correction; 17-06 [FR E6-17226] Chemical inventory update comments due by 11- Alaska National Interest Lands Air quality implementation reporting; electronic 13-06; published 10-17- Conservation Act; Title VIII plans; approval and reporting; published 9-6- 06 [FR E6-17239] 06 implementation (subsistence promulgation; various priority): Summer flounder, scup, States: FEDERAL and black sea bass; Federal Subsistence COMMUNICATIONS comments due by 11- Alabama; comments due by Regional Advisory COMMISSION 17-06; published 10-27- 11-13-06; published 10- Councils; membership 06 [FR 06-08932] 11-06 [FR E6-16812] Radio services, special: qualifications; comments International fisheries Arizona; comments due by Private land mobile radio due by 11-13-06; regulations: 11-16-06; published 10- services— published 10-12-06 [FR 17-06 [FR E6-17233] 5.9 GHz band; dedicated West Coast States and 06-08594] New York; comments due short-range Western Pacific AGRICULTURE by 11-13-06; published communications fisheries— DEPARTMENT 10-12-06 [FR E6-16931] services; published 9-7- Fraser River sockeye Rural Utilities Service 06 salmon; comments due Pesticides; tolerances in food, animal feeds, and raw Radio stations; table of Seismic safety; comments due by 11-15-06; published agricultural commodities: assignments: by 11-15-06; published 10- 10-31-06 [FR E6-18292] 16-06 [FR E6-17065] Difenoconazole; comments Oklahoma and Kansas; COMMODITY FUTURES due by 11-13-06; published 10-18-06 ARCHITECTURAL AND TRADING COMMISSION TRANSPORTATION Commodity pool operators and published 9-13-06 [FR E6- TRANSPORTATION BARRIERS COMPLIANCE commodity trading advisers: 15090] DEPARTMENT BOARD Electronic filing and notices Endosulfan, etc.; comments National Highway Traffic Americans with Disabilities of exemption and due by 11-14-06; Safety Administration Act; implementation: exclusion; comments due published 9-15-06 [FR E6- Insurer reporting requirements: Accessibility guidelines— by 11-13-06; published 15258] Insurers required to file Passenger vessels; 10-13-06 [FR E6-16947] Epoxiconazole; comments reports; list; published 9- comments due by 11- DEFENSE DEPARTMENT due by 11-13-06; 5-06 13-06; published 9-12- Federal Acquisition Regulation published 9-13-06 [FR E6- TREASURY DEPARTMENT 06 [FR E6-15062] (FAR): 14994] Eucalyptus oil; comments Internal Revenue Service COMMERCE DEPARTMENT Lobbying restrictions; Procedure and administration: changes; comments due due by 11-13-06; Economic Analysis Bureau published 9-13-06 [FR E6- Enrollment; user fees; by 11-13-06; published 9- International services survey: 14995] published 10-5-06 14-06 [FR 06-07604] BE-120; transactions in EDUCATION DEPARTMENT FEDERAL selected services; Vocational and adult COMMUNICATIONS COMMENTS DUE NEXT intangible assets with education: COMMISSION foreign persons; WEEK Radio services, special: comments due by 11-14- National Reporting System for Adult Education; Maritime communications; AGRICULTURE 06; published 9-15-06 [FR E6-15304] measuring educational Automatic Identification DEPARTMENT gain; comments due by Systems; channels Agricultural Marketing COMMERCE DEPARTMENT 11-17-06; published 10- designation for exclusive Service Foreign-Trade Zones Board 18-06 [FR 06-08709] use, etc.; comments due Milk marketing orders: Applications, hearings, ENVIRONMENTAL by 11-13-06; published Appalachian and Southeast; determinations, etc.: PROTECTION AGENCY 10-12-06 [FR E6-16832] comments due by 11-13- Georgia Air programs: Radio services; special:

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Private land mobile services; Critical habitat approvals; comments due Sikorsky; comments due by Upper 700 MHz guard designations— by 11-16-06; published 10- 11-14-06; published 9-15- band licenses; operational, Marbled murrelet; 17-06 [FR 06-08656] 06 [FR E6-15331] technical, and spectrum comments due by 11- Spent nuclear fuel and high- Airworthiness standards: requirements comments 13-06; published 9-12- level radioactive waste; Special conditions— due by 11-13-06; 06 [FR 06-07437] independent storage; Boeing Model 777 series published 11-6-06 [FR 06- Slickspot peppergrass; licensing requirements: airplane; comments due 09102] comments due by 11-13- Approved spent fuel storage by 11-13-06; published FEDERAL HOUSING 06; published 10-23-06 casks; list; comments due 11-2-06 [FR 06-09025] FINANCE BOARD [FR 06-08833] by 11-15-06; published TRANSPORTATION Privacy Act; implementation; LABOR DEPARTMENT 10-16-06 [FR E6-17079] DEPARTMENT comments due by 11-16-06; Employee Benefits Security POSTAL SERVICE National Highway Traffic published 10-17-06 [FR E6- Administration Domestic Mail Manual: Safety Administration 17298] Employee Retirement Income Security Act: Domestic mailing services; Motor vehicle safety GENERAL SERVICES new standards; comments standards: Participant directed ADMINISTRATION due by 11-13-06; individual account plans; Electronic stability control Federal Acquisition Regulation published 9-27-06 [FR 06- default investment systems; comments due (FAR): 07751] alternatives; comments by 11-17-06; published 9- Lobbying restrictions; due by 11-13-06; SECURITIES AND 18-06 [FR 06-07598] changes; comments due published 9-27-06 [FR 06- EXCHANGE COMMISSION TREASURY DEPARTMENT by 11-13-06; published 9- 08282] 14-06 [FR 06-07604] Securities: Internal Revenue Service LABOR DEPARTMENT Federal Management Broker-dealers; net capital Income taxes: Regulation: Occupational Safety and rule, debt agreements and Foreign corporations; Health Administration financial responsibility; Personal property interest expense Occupational safety and health comments due by 11-13- disposition; comments due deduction determination; standards: 06; published 10-13-06 comments due by 11-15- by 11-17-06; published [FR E6-16956] 10-18-06 [FR E6-17340] Hazard communication; 06; published 8-17-06 [FR comments due by 11-13- SOCIAL SECURITY E6-13409] HOMELAND SECURITY 06; published 9-12-06 [FR ADMINISTRATION DEPARTMENT 06-07584] Organization and procedures: Coast Guard Shipyard employment safety LIST OF PUBLIC LAWS Official records and Drawbridge operations: and health standards: information; privacy and New York; comments due Fire protection; comments This is a continuing list of disclosure; comments due public bills from the current by 11-18-06; published 8- due by 11-16-06; by 11-13-06; published 9- 1-06 [FR E6-12278] published 10-17-06 [FR session of Congress which 13-06 [FR E6-15101] have become Federal laws. It Pennsylvania; comments E6-17125] STATE DEPARTMENT may be used in conjunction due by 11-13-06; LIBRARY OF CONGRESS with ‘‘PLUS’’ (Public Laws published 9-11-06 [FR E6- Copyright Royalty Board, Intercountry Adoption Act of 2000: Update Service) on 202–741– 14983] Library of Congress 6043. This list is also Hague Convention— Ports and waterways safety; Agency organization, available online at http:// regulated navigation areas, administration, and Emigrating children; www.archives.gov/federal- safety zones, security procedural regulations; Title convention and non- register/laws.html. zones, etc.: 37 CFR Chapter III; convention adoptions; Great Lakes; Coast Guard establishment; comments reporting requirements; The text of laws is not water training areas; due by 11-13-06; published comments due by 11- published in the Federal comments due by 11-13- 9-11-06 [FR E6-14893] 13-06; published 9-13- Register but may be ordered 06; published 8-1-06 [FR NATIONAL AERONAUTICS 06 [FR 06-07526] in ‘‘slip law’’ (individual pamphlet) form from the E6-12332] AND SPACE TRANSPORTATION Superintendent of Documents, ADMINISTRATION DEPARTMENT INTERIOR DEPARTMENT U.S. Government Printing Indian Affairs Bureau Federal Acquisition Regulation Federal Aviation (FAR): Office, Washington, DC 20402 Land and water: Administration (phone, 202–512–1808). The Lobbying restrictions; Airworthiness directives: text will also be made Irrigation operation and changes; comments due available on the Internet from maintenance; comments by 11-13-06; published 9- Airbus; comments due by GPO Access at http:// due by 11-14-06; 14-06 [FR 06-07604] 11-13-06; published 10- published 7-17-06 [FR E6- 12-06 [FR E6-16880] www.gpoaccess.gov/plaws/ INTERIOR DEPARTMENT 11293] Boeing; comments due by index.html. Some laws may National Indian Gaming not yet be available. INTERIOR DEPARTMENT Commission 11-13-06; published 9-12- 06 [FR E6-14618] Fish and Wildlife Service Indian Gaming Regulatory Act: H.R. 6061/P.L. 109–367 Alaska National Interest Lands Electronic or Bombardier; comments due Secure Fence Act of 2006 Conservation Act; Title VIII electromechanical by 11-13-06; published (Oct. 26, 2006; 120 Stat. implementation (subsistence facsimile of games and 10-12-06 [FR E6-16881] 2638) priority): electronic, computer, or Eurocopter; comments due Last List October 19, 2006 Federal Subsistence other technologic aids to by 11-13-06; published 9- Regional Advisory Class II games; 12-06 [FR 06-07560] Councils; membership definitions; comments due Fokker; comments due by Public Laws Electronic by 11-15-06; published 9- qualifications; comments 11-13-06; published 10- Notification Service due by 11-13-06; 29-06 [FR E6-15992] 12-06 [FR E6-16894] (PENS) published 10-12-06 [FR NUCLEAR REGULATORY Pratt & Whitney Canada; 06-08594] COMMISSION comments due by 11-13- Endangered and threatened Nuclear power plants; 06; published 9-14-06 [FR PENS is a free electronic mail species: licenses, certifications, and E6-15139] notification service of newly

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enacted public laws. To subscribe, go to http:// listserv.gsa.gov/archives/ publaws-l.html Note: This service is strictly for E-mail notification of new laws. The text of laws is not available through this service. PENS cannot respond to specific inquiries sent to this address.

VerDate Aug 31 2005 18:25 Nov 03, 2006 Jkt 211001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\06NOCU.LOC 06NOCU sroberts on PROD1PC70 with RULES vi Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Reader Aids

CFR CHECKLIST Title Stock Number Price Revision Date 900–End ...... (869–060–00038–1) ...... 50.00 Jan. 1, 2006 This checklist, prepared by the Office of the Federal Register, is 13 ...... (869–060–00039–9) ...... 55.00 Jan. 1, 2006 published weekly. It is arranged in the order of CFR titles, stock 14 Parts: numbers, prices, and revision dates. 1–59 ...... (869–060–00040–2) ...... 63.00 Jan. 1, 2006 An asterisk (*) precedes each entry that has been issued since last 60–139 ...... (869–060–00041–1) ...... 61.00 Jan. 1, 2006 week and which is now available for sale at the Government Printing 140–199 ...... (869–060–00042–9) ...... 30.00 Jan. 1, 2006 Office. 200–1199 ...... (869–060–00043–7) ...... 50.00 Jan. 1, 2006 A checklist of current CFR volumes comprising a complete CFR set, 1200–End ...... (869–060–00044–5) ...... 45.00 Jan. 1, 2006 also appears in the latest issue of the LSA (List of CFR Sections 15 Parts: Affected), which is revised monthly. 0–299 ...... (869–060–00045–3) ...... 40.00 Jan. 1, 2006 The CFR is available free on-line through the Government Printing 300–799 ...... (869–060–00046–1) ...... 60.00 Jan. 1, 2006 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 800–End ...... (869–060–00047–0) ...... 42.00 Jan. 1, 2006 index.html. For information about GPO Access call the GPO User 16 Parts: Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 0–999 ...... (869–060–00048–8) ...... 50.00 Jan. 1, 2006 The annual rate for subscription to all revised paper volumes is 1000–End ...... (869–060–00049–6) ...... 60.00 Jan. 1, 2006 $1195.00 domestic, $298.75 additional for foreign mailing. 17 Parts: Mail orders to the Superintendent of Documents, Attn: New Orders, 1–199 ...... (869–060–00051–8) ...... 50.00 Apr. 1, 2006 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 200–239 ...... (869–060–00052–6) ...... 60.00 Apr. 1, 2006 accompanied by remittance (check, money order, GPO Deposit 240–End ...... (869–060–00053–4) ...... 62.00 Apr. 1, 2006 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 18 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–399 ...... (869–060–00054–2) ...... 62.00 Apr. 1, 2006 charge orders to (202) 512-2250. 400–End ...... (869–060–00055–1) ...... 26.00 6Apr. 1, 2006 Title Stock Number Price Revision Date 19 Parts: 1–140 ...... (869–060–00056–9) ...... 61.00 Apr. 1, 2006 1 ...... (869–060–00001–4) ...... 5.00 4Jan. 1, 2006 141–199 ...... (869–060–00057–7) ...... 58.00 Apr. 1, 2006 2 ...... (869–060–00002–0) ...... 5.00 Jan. 1, 2006 200–End ...... (869–060–00058–5) ...... 31.00 Apr. 1, 2006 3 (2003 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–060–00059–3) ...... 50.00 Apr. 1, 2006 101) ...... (869–056–00003–1) ...... 35.00 1 Jan. 1, 2005 400–499 ...... (869–060–00060–7) ...... 64.00 Apr. 1, 2006 4 ...... (869–060–00004–6) ...... 10.00 Jan. 1, 2006 500–End ...... (869–060–00061–5) ...... 63.00 Apr. 1, 2006 5 Parts: 21 Parts: 1–699 ...... (869–060–00005–4) ...... 60.00 Jan. 1, 2006 1–99 ...... (869–060–00062–3) ...... 40.00 Apr. 1, 2006 700–1199 ...... (869–060–00006–2) ...... 50.00 Jan. 1, 2006 100–169 ...... (869–060–00063–1) ...... 49.00 Apr. 1, 2006 1200–End ...... (869–060–00007–1) ...... 61.00 Jan. 1, 2006 170–199 ...... (869–060–00064–0) ...... 50.00 Apr. 1, 2006 200–299 ...... (869–060–00065–8) ...... 17.00 Apr. 1, 2006 6 ...... (869–060–00008–9) ...... 10.50 Jan. 1, 2006 300–499 ...... (869–060–00066–6) ...... 30.00 Apr. 1, 2006 7 Parts: 500–599 ...... (869–060–00067–4) ...... 47.00 Apr. 1, 2006 1–26 ...... (869–060–00009–7) ...... 44.00 Jan. 1, 2006 600–799 ...... (869–060–00068–2) ...... 15.00 Apr. 1, 2006 27–52 ...... (869–060–00010–1) ...... 49.00 Jan. 1, 2006 800–1299 ...... (869–060–00069–1) ...... 60.00 Apr. 1, 2006 53–209 ...... (869–060–00011–9) ...... 37.00 Jan. 1, 2006 1300–End ...... (869–060–00070–4) ...... 25.00 Apr. 1, 2006 210–299 ...... (869–060–00012–7) ...... 62.00 Jan. 1, 2006 22 Parts: 300–399 ...... (869–060–00013–5) ...... 46.00 Jan. 1, 2006 1–299 ...... (869–060–00071–2) ...... 63.00 Apr. 1, 2006 400–699 ...... (869–060–00014–3) ...... 42.00 Jan. 1, 2006 300–End ...... (869–060–00072–1) ...... 45.00 10Apr. 1, 2006 700–899 ...... (869–060–00015–1) ...... 43.00 Jan. 1, 2006 900–999 ...... (869–060–00016–0) ...... 60.00 Jan. 1, 2006 23 ...... (869–060–00073–9) ...... 45.00 Apr. 1, 2006 1000–1199 ...... (869–060–00017–8) ...... 22.00 Jan. 1, 2006 24 Parts: 1200–1599 ...... (869–060–00018–6) ...... 61.00 Jan. 1, 2006 0–199 ...... (869–060–00074–7) ...... 60.00 Apr. 1, 2006 1600–1899 ...... (869–060–00019–4) ...... 64.00 Jan. 1, 2006 200–499 ...... (869–060–00075–5) ...... 50.00 Apr. 1, 2006 1900–1939 ...... (869–060–00020–8) ...... 31.00 Jan. 1, 2006 500–699 ...... (869–060–00076–3) ...... 30.00 Apr. 1, 2006 1940–1949 ...... (869–060–00021–6) ...... 50.00 Jan. 1, 2006 700–1699 ...... (869–060–00077–1) ...... 61.00 Apr. 1, 2006 1950–1999 ...... (869–060–00022–4) ...... 46.00 Jan. 1, 2006 1700–End ...... (869–060–00078–0) ...... 30.00 Apr. 1, 2006 2000–End ...... (869–060–00023–2) ...... 50.00 Jan. 1, 2006 25 ...... (869–060–00079–8) ...... 64.00 Apr. 1, 2006 8 ...... (869–060–00024–1) ...... 63.00 Jan. 1, 2006 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–060–00080–1) ...... 49.00 Apr. 1, 2006 1–199 ...... (869–060–00025–9) ...... 61.00 Jan. 1, 2006 §§ 1.61–1.169 ...... (869–060–00081–0) ...... 63.00 Apr. 1, 2006 200–End ...... (869–060–00026–7) ...... 58.00 Jan. 1, 2006 §§ 1.170–1.300 ...... (869–060–00082–8) ...... 60.00 Apr. 1, 2006 10 Parts: §§ 1.301–1.400 ...... (869–060–00083–6) ...... 47.00 Apr. 1, 2006 1–50 ...... (869–060–00027–5) ...... 61.00 Jan. 1, 2006 §§ 1.401–1.440 ...... (869–060–00084–4) ...... 56.00 Apr. 1, 2006 51–199 ...... (869–060–00028–3) ...... 58.00 Jan. 1, 2006 §§ 1.441–1.500 ...... (869–060–00085–2) ...... 58.00 Apr. 1, 2006 200–499 ...... (869–060–00029–1) ...... 46.00 Jan. 1, 2006 §§ 1.501–1.640 ...... (869–060–00086–1) ...... 49.00 Apr. 1, 2006 500–End ...... (869–060–00030–5) ...... 62.00 Jan. 1, 2006 §§ 1.641–1.850 ...... (869–060–00087–9) ...... 61.00 Apr. 1, 2006 §§ 1.851–1.907 ...... (869–060–00088–7) ...... 61.00 Apr. 1, 2006 11 ...... (869–060–00031–3) 41.00 Jan. 1, 2006 §§ 1.908–1.1000 ...... (869–060–00089–5) ...... 60.00 Apr. 1, 2006 12 Parts: §§ 1.1001–1.1400 ...... (869–060–00090–9) ...... 61.00 Apr. 1, 2006 1–199 ...... (869–060–00032–1) ...... 34.00 Jan. 1, 2006 §§ 1.1401–1.1550 ...... (869–060–00091–2) ...... 58.00 Apr. 1, 2006 200–219 ...... (869–060–00033–0) ...... 37.00 Jan. 1, 2006 §§ 1.1551–End ...... (869–060–00092–5) ...... 50.00 Apr. 1, 2006 220–299 ...... (869–060–00034–8) ...... 61.00 Jan. 1, 2006 2–29 ...... (869–060–00093–3) ...... 60.00 Apr. 1, 2006 300–499 ...... (869–060–00035–6) ...... 47.00 Jan. 1, 2006 30–39 ...... (869–060–00094–1) ...... 41.00 Apr. 1, 2006 500–599 ...... (869–060–00036–4) ...... 39.00 Jan. 1, 2006 40–49 ...... (869–060–00095–0) ...... 28.00 Apr. 1, 2006 600–899 ...... (869–056–00037–5) ...... 56.00 Jan. 1, 2005 50–299 ...... (869–060–00096–8) ...... 42.00 Apr. 1, 2006

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–060–00097–6) ...... 61.00 Apr. 1, 2006 63 (63.6580–63.8830) .... (869–060–00150–6) ...... 32.00 July 1, 2006 500–599 ...... (869–060–00098–4) ...... 12.00 5Apr. 1, 2006 63 (63.8980–End) ...... (869–060–00151–4) ...... 35.00 7July 1, 2006 600–End ...... (869–060–00099–2) ...... 17.00 Apr. 1, 2006 64–71 ...... (869–060–00152–2) ...... 29.00 July 1, 2006 27 Parts: 72–80 ...... (869–060–00153–1) ...... 62.00 July 1, 2006 1–399 ...... (869–060–00100–0) ...... 64.00 Apr. 1, 2006 81–85 ...... (869–060–00154–9) ...... 60.00 July 1, 2006 400–End ...... (869–060–00101–8) ...... 18.00 Apr. 1, 2006 86 (86.1–86.599–99) ...... (869–060–00155–7) ...... 58.00 July 1, 2006 86 (86.600–1–End) ...... (869–060–00156–5) ...... 50.00 July 1, 2006 28 Parts: ...... 87–99 ...... (869–060–00157–3) ...... 60.00 July 1, 2006 0–42 ...... (869–060–00102–6) ...... 61.00 July 1, 2006 100–135 ...... (869–060–00158–1) ...... 45.00 July 1, 2006 43–End ...... (869–060–00103–4) ...... 60.00 July 1, 2006 136–149 ...... (869–060–00159–0) ...... 61.00 July 1, 2006 29 Parts: 150–189 ...... (869–060–00160–3) ...... 50.00 July 1, 2006 0–99 ...... (869–060–00104–2) ...... 50.00 July 1, 2006 190–259 ...... (869–060–00161–1) ...... 39.00 July 1, 2006 100–499 ...... (869–060–00105–1) ...... 23.00 July 1, 2006 260–265 ...... (869–060–00162–0) ...... 50.00 July 1, 2006 500–899 ...... (869–060–00106–9) ...... 61.00 July 1, 2006 266–299 ...... (869–060–00163–8) ...... 50.00 July 1, 2006 900–1899 ...... (869–060–00107–7) ...... 36.00 7July 1, 2006 300–399 ...... (869–060–00164–6) ...... 42.00 July 1, 2006 1900–1910 (§§ 1900 to 400–424 ...... (869–060–00165–4) ...... 56.00 8July 1, 2006 1910.999) ...... (869–060–00108–5) ...... 61.00 July 1, 2006 425–699 ...... (869–060–00166–2) ...... 61.00 July 1, 2006 1910 (§§ 1910.1000 to 700–789 ...... (869–060–00167–1) ...... 61.00 July 1, 2006 end) ...... (869–060–00109–3) ...... 46.00 July 1, 2006 790–End ...... (869–060–00168–9) ...... 61.00 July 1, 2006 1911–1925 ...... (869–060–00110–7) ...... 30.00 July 1, 2006 41 Chapters: 1926 ...... (869–060–00111–5) ...... 50.00 July 1, 2006 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1927–End ...... (869–060–00112–3) ...... 62.00 July 1, 2006 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 30 Parts: 3–6 ...... 14.00 3 July 1, 1984 1–199 ...... (869–060–00113–1) ...... 57.00 July 1, 2006 7 ...... 6.00 3 July 1, 1984 200–699 ...... (869–060–00114–0) ...... 50.00 July 1, 2006 8 ...... 4.50 3 July 1, 1984 700–End ...... (869–060–00115–8) ...... 58.00 July 1, 2006 9 ...... 13.00 3 July 1, 1984 10–17 ...... 9.50 3 July 1, 1984 31 Parts: 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 0–199 ...... (869–060–00116–6) ...... 41.00 July 1, 2006 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 200–499 ...... (869–060–00117–4) ...... 46.00 July 1, 2006 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 500–End ...... (869–060–00118–2) ...... 62.00 July 1, 2006 19–100 ...... 13.00 3 July 1, 1984 32 Parts: 1–100 ...... (869–060–00169–7) ...... 24.00 July 1, 2006 1–39, Vol. I ...... 15.00 2 July 1, 1984 101 ...... (869–060–00170–1) ...... 21.00 11 July 1, 2006 1–39, Vol. II ...... 19.00 2 July 1, 1984 102–200 ...... (869–060–00171–9) ...... 56.00 July 1, 2006 1–39, Vol. III ...... 18.00 2 July 1, 1984 201–End ...... (869–060–00172–7) ...... 24.00 July 1, 2006 ...... 1–190 (869–060–00119–1) 61.00 July 1, 2006 42 Parts: 191–399 ...... (869–060–00120–4) ...... 63.00 July 1, 2006 1–399 ...... (869–056–00173–8) ...... 61.00 Oct. 1, 2005 400–629 ...... (869–060–00121–2) ...... 50.00 July 1, 2006 400–429 ...... (869–056–00174–6) ...... 63.00 Oct. 1, 2005 630–699 ...... (869–060–00122–1) ...... 37.00 July 1, 2006 430–End ...... (869–056–00175–4) ...... 64.00 Oct. 1, 2005 700–799 ...... (869–060–00123–9) ...... 46.00 July 1, 2006 800–End ...... (869–060–00124–7) ...... 47.00 July 1, 2006 43 Parts: 1–999 ...... (869–056–00176–2) ...... 56.00 Oct. 1, 2005 33 Parts: 1000–end ...... (869–056–00177–1) ...... 62.00 Oct. 1, 2005 1–124 ...... (869–060–00125–5) ...... 57.00 July 1, 2006 125–199 ...... (869–060–00126–3) ...... 61.00 July 1, 2006 44 ...... (869–056–00178–9) ...... 50.00 Oct. 1, 2005 200–End ...... (869–060–00127–1) ...... 57.00 July 1, 2006 45 Parts: 34 Parts: 1–199 ...... (869–056–00179–7) ...... 60.00 Oct. 1, 2005 1–299 ...... (869–060–00128–0) ...... 50.00 July 1, 2006 200–499 ...... (869–056–00180–1) ...... 34.00 Oct. 1, 2005 300–399 ...... (869–060–00129–8) ...... 40.00 July 1, 2006 500–1199 ...... (869–056–00171–9) ...... 56.00 Oct. 1, 2005 400–End & 35 ...... (869–060–00130–1) ...... 61.00 July 1, 2006 1200–End ...... (869–056–00182–7) ...... 61.00 Oct. 1, 2005 36 Parts: 46 Parts: 1–199 ...... (869–060–00131–0) ...... 37.00 July 1, 2006 1–40 ...... (869–056–00183–5) ...... 46.00 Oct. 1, 2005 200–299 ...... (869–060–00132–8) ...... 37.00 July 1, 2006 41–69 ...... (869–056–00184–3) ...... 39.00 9Oct. 1, 2005 300–End ...... (869–060–00133–6) ...... 61.00 July 1, 2006 70–89 ...... (869–056–00185–1) ...... 14.00 9Oct. 1, 2005 90–139 ...... (869–056–00186–0) ...... 44.00 Oct. 1, 2005 37 ...... (869–060–00134–4) ...... 58.00 July 1, 2006 140–155 ...... (869–056–00187–8) ...... 25.00 Oct. 1, 2005 38 Parts: 156–165 ...... (869–056–00188–6) ...... 34.00 9Oct. 1, 2005 0–17 ...... (869–060–00135–2) ...... 60.00 July 1, 2006 166–199 ...... (869–056–00189–4) ...... 46.00 Oct. 1, 2005 18–End ...... (869–060–00136–1) ...... 62.00 July 1, 2006 200–499 ...... (869–056–00190–8) ...... 40.00 Oct. 1, 2005 ...... 39 ...... (869–060–00137–9) ...... 42.00 July 1, 2006 500–End (869–056–00191–6) 25.00 Oct. 1, 2005 40 Parts: 47 Parts: ...... 1–49 ...... (869–060–00138–7) ...... 60.00 July 1, 2006 0–19 (869–056–00192–4) 61.00 Oct. 1, 2005 ...... 50–51 ...... (869–060–00139–5) ...... 45.00 July 1, 2006 20–39 (869–056–00193–2) 46.00 Oct. 1, 2005 ...... 52 (52.01–52.1018) ...... (869–060–00140–9) ...... 60.00 July 1, 2006 40–69 (869–056–00194–1) 40.00 Oct. 1, 2005 ...... 52 (52.1019–End) ...... (869–060–00141–7) ...... 61.00 July 1, 2006 70–79 (869–056–00195–9) 61.00 Oct. 1, 2005 ...... 53–59 ...... (869–060–00142–5) ...... 31.00 July 1, 2006 80–End (869–056–00196–7) 61.00 Oct. 1, 2005 60 (60.1–End) ...... (869–060–00143–3) ...... 58.00 July 1, 2006 48 Chapters: 60 (Apps) ...... (869–060–00144–7) ...... 57.00 July 1, 2006 1 (Parts 1–51) ...... (869–056–00197–5) ...... 63.00 Oct. 1, 2005 61–62 ...... (869–060–00145–0) ...... 45.00 July 1, 2006 1 (Parts 52–99) ...... (869–056–00198–3) ...... 49.00 Oct. 1, 2005 63 (63.1–63.599) ...... (869–060–00146–8) ...... 58.00 July 1, 2006 2 (Parts 201–299) ...... (869–056–00199–1) ...... 50.00 Oct. 1, 2005 63 (63.600–63.1199) ...... (869–060–00147–6) ...... 50.00 July 1, 2006 3–6 ...... (869–056–00200–9) ...... 34.00 Oct. 1, 2005 63 (63.1200–63.1439) .... (869–060–00148–4) ...... 50.00 July 1, 2006 7–14 ...... (869–056–00201–7) ...... 56.00 Oct. 1, 2005 63 (63.1440–63.6175) .... (869–060–00149–2) ...... 32.00 July 1, 2006 15–28 ...... (869–056–00202–5) ...... 47.00 Oct. 1, 2005

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Title Stock Number Price Revision Date 29–End ...... (869–056–00203–3) ...... 47.00 Oct. 1, 2005 49 Parts: 1–99 ...... (869–056–00204–1) ...... 60.00 Oct. 1, 2005 100–185 ...... (869–056–00205–0) ...... 63.00 Oct. 1, 2005 186–199 ...... (869–056–00206–8) ...... 23.00 Oct. 1, 2005 200–299 ...... (869–056–00207–6) ...... 32.00 Oct. 1, 2005 300–399 ...... (869–056–00208–4) ...... 32.00 Oct. 1, 2005 400–599 ...... (869–056–00209–2) ...... 64.00 Oct. 1, 2005 600–999 ...... (869–056–00210–6) ...... 19.00 Oct. 1, 2005 1000–1199 ...... (869–056–00211–4) ...... 28.00 Oct. 1, 2005 1200–End ...... (869–056–00212–2) ...... 34.00 Oct. 1, 2005 50 Parts: 1–16 ...... (869–056–00213–1) ...... 11.00 Oct. 1, 2005 17.1–17.95(b) ...... (869–056–00214–9) ...... 32.00 Oct. 1, 2005 17.95(c)–end ...... (869–056–00215–7) ...... 32.00 Oct. 1, 2005 17.96–17.99(h) ...... (869–056–00215–7) ...... 61.00 Oct. 1, 2005 17.99(i)–end and 17.100–end ...... (869–056–00217–3) ...... 47.00 Oct. 1, 2005 18–199 ...... (869–056–00218–1) ...... 50.00 Oct. 1, 2005 200–599 ...... (869–056–00218–1) ...... 45.00 Oct. 1, 2005 600–End ...... (869–056–00219–0) ...... 62.00 Oct. 1, 2005 CFR Index and Findings Aids ...... (869–060–00050–0) ...... 62.00 Jan. 1, 2006 Complete 2006 CFR set ...... 1,398.00 2006 Microfiche CFR Edition: Subscription (mailed as issued) ...... 332.00 2006 Individual copies ...... 4.00 2006 Complete set (one-time mailing) ...... 325.00 2005 Complete set (one-time mailing) ...... 325.00 2004 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2005, through January 1, 2006. The CFR volume issued as of January 1, 2005 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2006. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 2005, through April 1, 2006. The CFR volume issued as of April 1, 2004 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2004, through July 1, 2005. The CFR volume issued as of July 1, 2004 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2004, through July 1, 2005. The CFR volume issued as of July 1, 2003 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2004, through October 1, 2005. The CFR volume issued as of October 1, 2004 should be retained. 10 No amendments to this volume were promulgated during the period April 1, 2005, through April 1, 2006. The CFR volume issued as of April 1, 2005 should be retained. 11 No amendments to this volume were promulgated during the period July 1, 2005, through July 1, 2006. The CFR volume issued as of July 1, 2005 should be retained.

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